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Backup Documents 02/24/2004 R BOARD OF COUNTY COMMISSIONERS REGULAR MEETING FEBRUARY 24, 2004 ---.-..-",.. COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS ~ AGENDA February 24, 2004 9:00 a.m. Donna Fiala, Chairman, District 1 Fred W. Coyle, Vice-Chairman, District 4 Frank Halas, Commissioner, District 2 Tom Henning, Commissioner, District 3 Jim Coletta, Commissioner, District 5 NOTICE: ALL PERSONS WISHING TO SPEAK ON ANY AGENDA ITEM MUST REGISTER PRIOR TO SPEAKING. SPEAKERS MUST REGISTER WITH THE COUNTY MANAGER PRIOR TO THE PRESENTATION OF THE AGENDA ITEM TO BE ADDRESSED. COLLIER COUNTY ORDINANCE NO. 2003-53, AS AMENDED, REQUIRES THA T ALL LOBBYISTS SHALL, BEFORE ENGAGING IN ANY LOBBYING ACTIVITIES (INCLUDING, BUT NOT LIMITED TO, ADDRESSING THE BOARD OF COUNTY COMMISSIONERS), REGISTER WITH THE CLERK TO THE BOARD AT THE BOARD MINUTES AND RECORDS DEPARTMENT. REQUESTS TO ADDRESS THE BOARD ON SUBJECTS WHICH ARE NOT ON THIS AGENDA MUST BE SUBMITTED IN WRITING WITH EXPLANATION TO THE COUNTY MANAGER AT LEAST 13 DAYS PRIOR TO THE DATE OF THE MEETING AND WILL BE HEARD UNDER "PUBLIC PETITIONS". ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THIS BOARD WILL NEED A RECORD OF THE PROCEEDINGS PERTAINING THERETO, AND THEREFORE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. ALL REGISTERED PUBLIC SPEAKERS WILL RECEIVE UP TO FIVE (5) MINUTES UNLESS THE TIME IS ADJUSTED BY THE CHAIRMAN. 1 February 24, 2004 .'._--~-_. IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING, YOU ARE ENTITLED, AT NO COST TO YOU, TO THE PROVISION OF CERTAIN ASSISTANCE. PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMI TRAIL, NAPLES, FLORIDA, 34112, (239) 774-8380; ASSISTED LISTENING DEVICES FOR THE HEARING IMP AIRED ARE A V AILABLE IN THE COUNTY COMMISSIONERS' OFFICE. LUNCH RECESS SCHEDULED FOR 12:00 NOON TO 1:00 P.M. *Commissioners will be attending a lunch/question and answer session with the Greater Naples Leadership Group in the Human Resources Training Room * 1. INVOCATION AND PLEDGE OF ALLEGIANCE A. Pastor David Mallory, First Assembly Ministries 2. AGENDA AND MINUTES A. Approval of to day's regular, consent and summary agenda as amended. (Ex Parte Disclosure provided by Commission members for summary agenda.). Approved and/or adopted with changes 5/0 B. January 20,2004 - BCC/Strategic Planning Workshop Approved as presented 5/0 C. January 27, 2004 - BCC Regular Approved as presented 5/0 D. January 29, 2004 - BCC/LDC Meeting Approved as presented 5/0 E. February 5,2004 - District 5 Town Hall Meeting Approved as presented 5/0 3. SERVICE AWARDS 4. PROCLAMATIONS 2 February 24, 2004 --~. A. Proclamation proclaiming the week of February 22 through 28,2004 as Engineers Week. To be accepted by Edward J. Kant, P.E., Director of Transportation Operations. Adopted 5/0 B. Proclamation to designate February 24,2004 as Children's Day in Collier County. To be accepted by Patti Young, Executive Director of Collier School Readiness Coalition. Adopted 5/0 C. Proclamation to recognize the month of March as National Purchasing Month. To be accepted by the Collier County Purchasing staff. Adopted 5/0 D. Proclamation to recognize Veteran's Transportation Program and all of their services for helping all the Veteran's in our Community with their transportation needs. To be accepted by Jim Elson, President of the Collier County Veteran's Council. Adopted 5/0 5. PRESENTATIONS A. Recommendation to recognize Lieutenant Michele Williamson, Paramedic, Emergency Medical Services, as Employee of the Month for February 2004. Presented 6. PUBLIC PETITIONS A. Public Petition request by Mr. John Veit to discuss arrangements for participants in the 4th of July Festivities. To be brought back at a future BCC Meeting 7. BOARD OF ZONING APPEALS 8. ADVERTISED PUBLIC HEARINGS A. This item reQuires that all participants be sworn in and ex parte disclosure be provided bv Commission members. PUDZ-2002-AR-3542 Dwight H. Nadeau ofRW A, Inc., and Richard D. Yovanovich of Goodlette, Coleman and Johnson, P.A., representing Waterways Joint Venture IV, the applicant, requesting: (1) rezoning from an "A" Agricultural Zoning District 3 February 24, 2004 to a Residential Planned Unit Development (RPUD) District for a project to be known as the Bristol Pines RPUD. This project proposes a maximum of 159 dwelling units (an overall density of 6.98 units per acre), to consist of any combination of single-family attached, zero lot line, or single-family detached unit type construction; and (2) consideration and approval of an affordable housing density bonus agreement authorizing the developer to utilize affordable housing bonus density units (in the amount of 68 units at 2.98 bonus density units per acre) in the development of this project for low- income residents. The 22.77+ acre subject site is located on the east side of Collier Boulevard (CR 951), approximately I mile south of Immokalee Road, at 14750 Collier Boulevard in Section 35, Township 48 south, Range 26 east, Collier County, Florida. Ordinance 2004-10 Adopted w/stipulations 4/1 (Commissioner Halas opposed); Density bonus agreement - Approved 4/1 (Commissioner Halas opposed) B. An Ordinance of Collier County, Florida, amending Ordinance No. 89-69, as amended, regarding inoculation of Coconut Palm Trees against Lethal Yellowing disease; expanding the scope of the ordinance to apply to the Malayan and Maypan Coconut Palm Trees and to the Phoenix Date Palm group (Date Palm and Canary Island Palm) and Christmas Palms; delegating responsibilities to Code Enforcement; authorizing the County to take remedial actions without first instructing the land owner to take such actions; providing for inclusion in the Code of Laws and Ordinances; providing for conflict and severability; providing an effective date. Ordinance 2004-11 Adopted 5/0 C. This item to be heard at 1:30 p.m. An Ordinance amending Ordinance Number 91-102, as amended, the Collier County Land Development Code, which includes the Comprehensive Regulations for the unincorporated area of Collier County, Florida, by providing for: Section One, recitals: Section Two, Findings of Fact; Section Three, Adoption of amendments to the Land Development Code, more specifically amending the following: Article 3, Division 3.13, including revisions to coastal construction setback line variance; Section Four, Conflict and Severability; Section Five, inclusion in the Collier County Land Development Code; and Section Six, effective date. Ordinance 2004-13 Adopted 5/0 4 February 24, 2004 Continued Indefinitely D. This item continued from the Januarv 27~ 2004 BCC Meetinf!. Public hearing to consider adoption of an Ordinance of Collier County, Florida, amending Ordinance Number 99-38, the Collier County Maximum Fees for Non-Consent Towing and Storage of Vehicles Ordinance; amending Section Four to clarify that vehicle towing companies, when engaged in non-consent towing or non-consent storage, shall not charge any administrative charge or fee unless the towing company actually incurs such cost as a direct expense and pays that expense; amending Section Six regarding the County's wrecker operator system and clarifying penalty provisions. (David Weigel, County Attorney) E. An ordinance amending Ordinance 81-75 by adding Section Twelve entitled Classifications and Certificates; providing for Inclusion in Code of Laws and Ordinances; providing for conflict and severability; and providing for an effective date. (John Dunnuck, Public Services Administrator) Ordinance 2004-12 Adopted w/changes 5/0 F. This item beinf! continued to the March 23. 2004 BCC Meetinf!. PUDZ- 03-AR-3831, Robert Duane, AICP, of Hole Montes, Inc., representing Robert Reed, of Reed Development Company, requesting a rezone from "PUD" to "PUD" Planned Unit Development for the purpose of changing the name from Goodland Gateway PUD to the Calusa Island Village PUD, increasing the number of dwelling units from 47 to 52 units reducing the commercial area known as the Commercial/Mixed Use area from 0.45 acres to 0.12 acres of commercial use area with a maximum of 1,300 square feet of commercial uses, and eliminate many permitted commercial uses that were no longer deemed compatible with residential uses. The subject property is located south of Goodland Drive and east of Calusa Marina, in Sections 18 & 19, Township 52 South, Range 27 East, Collier County, Florida, consisting of 6.2+ acres. 9. BOARD OF COUNTY COMMISSIONERS A. Appointment of member to the Isles of Capri Fire Control District Advisory Committee. Resolution 2004-63 Re-appointing Morris James Louis Adopted 5/0 B. This item to be heard at 2:00 p.m. Accept the final report of the Collier County Revenue Commission, an Ad Hoc Advisory Board, created to 5 February 24, 2004 -.-..". explore alternative revenue sources for meeting the County's numerous and varied needs. (James R. Gibson Jr., Revenue Commission Chairman) Resolution 2004-62 Adopted 4/0 (Commissioner Coletta out) C. Review a recommendation from the Collier County Tourist Development Council (TDC) on the addition of a fourth percent of the Tourist Development Tax in Collier County. Report Accepted - Consensus (Commissioner Coyle out) D. Approve a joint resolution with Lee County to pursue a legislatively established expressway authority to make it possible to widen 1-75 through toll financing as outlined in Representative Davis' Expressway Authority Bill. Resolution 2004-64 Adopted 4/0 (Commissioner Henning out) E. Approve a Resolution supporting the preservation of the State Transportation Trust Fund. (Norman Feder, Transportation Services Administrator) To be brought back to the March 9 BCC Meeting - Approved 4/0 (Commissioner Henning out) 10. COUNTY MANAGER'S REPORT A. Item continued from the Februarv 10. 2003 BCC Meetinf!. Recommendation to ratify a tri-party agreement between Everglades City, Ochopee Fire Control District and Club Everglades Development Group for funds donated to provide needed fire and rescue equipment and to approve the award of Bid Number 04-3604, for the purchase ofa power catamaran boat in the amount of$43,713.50 to Twin Vee Inc. (Dan Summers, Director, Emergency Management) Approved 4/0 (Commissioner Henning out) B. Approve a development agreement with V.K. Development Corporation of Wisconsin, Inc., which agreement implements that portion of the Wentworth Estates PUD, wherein the County agreed that the developer would receive, on payment of one-half of the estimated road impact fees ($2,836,419.25), Certificates of Public Facility Adequacy for transportation for 1200 dwelling units, 85,000 square feet of retail commercial uses, and an 18 hole golf course, in exchange for the developer, among other things (1) improving the intersections of US 41/Southwest Boulevard and US 41/north entrance to the Wentworth Estates PUD; (2) paying County $392,800 towards improvements to the intersections at US 41/ Airport Road and US 6 February 24, 2004 ~..- 41/Rattlesnake-Hammock Road; (3) providing up to $250,000 to supplement the funding for the installation of street lighting by the County along US 41 from Broward Street to Collier Boulevard; (4) Improving Southwest Boulevard at an estimated cost of$350,000; (5) Conveying, at no cost to the County, appropriate easements associated with the proposed Lely-Manor Western Outfall Canal and Lely-Manor Eastern Outfall Canal Storm Water Management Facilities; and (6) reduction of 1,000 vested units from the Lely Resorts PUD/DRI. (Norman Feder, Transportation Services Administrator) Approved 4/0 (Commissioner Henning out) C. Recommendation to the Board of County Commissioners to approve the filing of a petition to the Florida Department of Community Affairs for an Administrative Hearing to challenge the Florida Department of Community Affairs' Notice of Intent to find the amendment to the City of Naples Comprehensive Plan in compliance as it pertains to the construction of overpasses and flyovers. (Norman Feder, Transportation Services Administrator) Approved 4/1 (Commissioner Coyle opposed) D. Approve the scope of work for the development of Goodland Boating Park. (John Dunnuck, Public Services Administrator) Approved 4/1 (Commissioner Fiala opposed) E. Item continued from the February 10. 2004 BCC Meeting. This item to be heard at 1 :45 p.m. For the Board of County Commissioners to consider a request from the Vanderbilt Beach Beautification M.S.T.U. Advisory Committee to partner with the M.S.T.U. in the development of a Master Plan at a cost of one-half of the total cost of the Master Plan at an amount not to exceed $40,000. (Norman Feder, Transportation Services Administrator) Motion to Deny Approved 5/0 Added F. Award of Bid #04-3616 "Advertising of Delinquent Real Estate and Personal Property Taxes for 2003". (Staffs request) Approved 4/0 (Commissioner Henning out) 11. PUBLIC COMMENTS ON GENERAL TOPICS 12. COUNTY ATTORNEY'S REPORT 7 February 24, 2004 13. OTHER CONSTITUTIONAL OFFICERS A. This item to be heard at 10:00 a.m. A Resolution supporting full and adequate funding for the State Court System and the Twentieth Judicial Circuit to ensure justice for all Floridians. Resolution 2004-61 Adopted w/changes- 5/0 14. AIRPORT AUTHORITY 15. STAFF AND COMMISSION GENERAL COMMUNICATIONS A. Introduction of John Torre as Director of Communications and Customer Relations Department. B. Request for reconsideration of Coconilla (2/17) - No takers C. Ochopee Fire Control District Lawsuit concerns D. Discussion of time-limit re: protocol during public meetings E. Discussion of transportation improvements with Mr. Norm Feder F. Advance notice of absence of Commisioners Henning and Coyle at the 2/25 Workshop with Everglades City ------------------------------------------------------------------------------------------------------------ 16. CONSENT AGENDA - All matters listed under this item are considered to be routine and action will be taken by one motion without separate discussion of each item. If discussion is desired by a member of the Board, that item(s) will be removed from the Consent Agenda and considered separately. ------------------------------------------------------------------------------------------------------------ A. COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES 1) Petition A VESMT2003-AR4981 to disclaim, renounce and vacate the County's and the Public's interest in the water retention easement conveyed to Collier County by separate instrument and recorded in Official Record Book 808, Pages 1899 through 1900, and in the drainage easement conveyed to Collier County by separate instrument and recorded in Official Record Book 808, Pages 1901 through 1902, Public Records of Collier County, Florida, located in Section 15, Township 48 south, Range 25 east, Collier County, Florida. Resolution 2004-58 2) Petition CARNY-2004-AR-5367, Benny Starling, Executive Director ofImmokalee Chamber of Commerce, requesting permit to conduct a 8 February 24, 2004 carnival from February 26 through March 7, 2004, on property located at 110 North 1 st Street in Immokalee. CP 2004-02 3) Request to approve for recording the final plat of "White Lake Corporate Park Phase Four", and approval of the Standard Form Construction and Maintenance Agreement and approval of the amount of the performance security. W /stipulations 4) Request to approve for recording the final plat of "Terrabella of Pelican Marsh Unit Two", and approval of the Standard Form Construction and Maintenance Agreement and approval of the amount of the performance security. W /stipulations 5) Petition CARNY-2004-AR-5343, Peg Ruby, Special Events Coordinator, Collier County Parks and Recreation, requesting a permit to conduct the annual Country Jamboree Carnival on March 12, 13 and 14,2004, in the Vineyards Community Park at 6231 Arbor Boulevard, Naples. CP 2004-03 6) Request to approve for recording the final plat of "Cayo Costa, Unit One", and approval of the Standard Form Construction and Maintenance Agreement and approval of the amount of the performance security. W /stipulations 7) Request to approve for recording the final plat of "City Gate Commerce Center, Phase One", and approval of the Standard Form Construction and Maintenance Agreement and approval of the amount of the performance security; and accept certain required off site drainage easements which are associated with this project. W /stipulations B. TRANSPORTATION SERVICES 1) Award Work Order No. UC-090 to Douglas N. Higgins, Inc., for the Palm Street Outfall Project (Project No. 51804) in the amount of $594,525.00, approve two donation agreements, and accept two 9 February 24, 2004 drainage and utility easements, to be used for storm water site improvements and temporary staging within the area of the project. 2) Board approval for a six (6) month extension to Bid No. 99-2955- "Immokalee Road Grounds Maintenance Service" to Commercial Land Maintenance, Inc. 3) Approve Bid #04-3597 "Davis Boulevard Phase II MSTD Roadway Grounds Maintenance" and award to Advanced Lawn in the amount of $84,956.00. 4) Approval of Contract #03-3559 "Consultant Services for the Update of the Collier County Comprehensive Pathway Plan", for the not to exceed amount of $99,976.00, with Sprinkle Consulting Inc. 5) Approve the final Change Order No.9 in the amount of $253,938.35 to be removed from the purchase order with Bonness, Inc., and place into Transportation's budget to close out the Livingston Road Phase IV Project, from Immokalee Road to the county line, Project No. 65041, Bid No. 02-3364. 6) Award a construction contract in the amount of $96,000.00 to Stemic Enterprises, Inc. and allocate $9,600.00 (10% of the construction cost) for contingency purposes to dredge Natures Point along the Golden Gate Main Canal, Project Number 51601, Bid No. 03-3530. 7) Approve the addition of two positions to the Stormwater Management Department to be funded by the South Florida Water Management District/Big Cypress Basin in the amount estimated at $169,000 to assist staff with the primary and secondary canal system. C. PUBLIC UTILITIES 1) Approve a second amendment to lease agreement with Carlton Lakes, L.L.C., to extend the term of the existing lease twelve additional months, at a total revenue of $8820. Term through December 30, 2004 2) Rescind award of Bid #03-3533 to Crane Equipment and Service Inc., and award to Florida Handling Systems, Inc., in the amount of $26,800. 10 February 24, 2004 --~_..- 3) Approve Change Order NO.1 to Task Order No.6 in the amount of $747,040.50 with Youngquist Brothers, Inc., for North County Water Reclamation Facility (NCWRF) Deep Injection Well Construction, Contract 01-3193, Project 73948. 4) This item has been deleted. 5) Approve Florida Department of Environmental Protection Certification of Financial Responsibility form, for the South County Water Reclamation Facility Injection Well, IW-l. To perform plugging and abandonment of the Injection System 6) Approve Work Order UC-093 in the amount of $396,550 to Mitchell & Stark Construction Company, Inc. for underground utility contracting services related to the South County Regional Water Reclamation Facility, Injection Well IW-2, Project 73154. 7) Approve Work Order ABB- FT -04-04 to Agnoli, Barber and Brundage (ABB) in the amount of$158,150.00 for engineering services for the design and construction inspection of a master pump station under Contract 01-3290 - fixed term professional engineering services, Project 73153. D. PUBLIC SERVICES 1) Approval of Settlement Agreement between the Florida Department of Children and Family Services and Collier County regarding the Immokalee Community Park. E. ADMINISTRATIVE SERVICES 1) Recommendation to declare certain County-owned property as surplus and authorize a sale of the surplus property on March 13,2004. As detailed in the Executive Summary 2) Approve a budget amendment to carry forward $462,232 for the Fleet County Barn Facility, Project 52009. 3) Approval of the Annual Group Insurance Actuarial and Brokerage Services Workplan for 2004, with the Willis Corporation, and an amendment to the existing agreement. 11 February 24, 2004 4) Recommendation to reject all proposals received under Bid 04-3610, Vending Machine Services. Reissue as a new bid 5) Approve a budget amendment in the amount of$125,000 to provide funding for Americans with Disabilities Act (ADA) improvements at Golden Gate Community Park and the Harmon Turner Administration Building (Building F) to accommodate access for public visitors with disabilities. F. COUNTY MANAGER 1) Approval of Budget Amendment Report - BA #04-123 in the amount of$13,604; BA #04-131 in the amount of$14,000. G. AIRPORT AUTHORITY H. BOARD OF COUNTY COMMISSIONERS 1) Commissioner Henning's request for approval for payment to attend a function serving a valid public purpose; the American Business Women's Association luncheon to honor "Women in History, Remember When..." in the amount of$75.00. On March 12,2004 at the Ritz Carlton 2) Commissioner Coletta's request for approval for payment to attend a function serving a valid public purpose; Florida Tradeport Briefing & Barbecue Luncheon in the amount of$50.00. On February 27, 2004 at the Immokalee Regional Airport 3) Commissioner Halas' request for approval for payment to attend a function serving a valid public purpose; Florida Tradeport Briefing & Barbecue Luncheon in the amount of$50.00. On February 27, 2004 at the Immokalee Regional Airport 4) Commissioner Fiala's request for approval for payment to attend functions serving a valid public purpose; the American Business Women's Association Luncheon to honor "Women in History, Remember When..." in the amount of$75.00. On March 12,2004 at the Ritz Carlton I. MISCELLANEOUS CORRESPONDENCE 12 February 24, 2004 --,"._-~"--"-- 1) Miscellaneous items to file for record with action as directed. J. OTHER CONSTITUTIONAL OFFICERS K. COUNTY ATTORNEY 1) Approve agreed order and authorize payment of appraisal fees in the lawsuit styled Collier County v. David J. Frey, et ai, Case No. 03- 2353-CA (Golden Gate Parkway Project #60027). As detailed in the Executive Summary 2) Approve the stipulated final judgment relative to the acquisition of Parcels 219 and 219T in the lawsuit styled Collier County v. Kathryn Hankins, et ai, Case No. 00-1296-CA, Golden Gate Boulevard Project No. 63041. As detailed in the Executive Summary 3) Approve the agreed order awarding Expert Fees relative to the Fee Taking of Parcel No. 194 in the lawsuit styled Collier County v. Robert W. Pieplow, et us., et al., Case No. 02-2133-CA (Immokalee Road Project #60018). As detailed in the Executive Summary 4) Approve the Stipulated Final Judgment relative to the acquisition of Parcel No. 199 in the lawsuit styled Collier County v. Joseph Delucia, Trustee, et al., Case No. 00-0938-CA, Golden Gate Boulevard Project #63041. As detailed in the Executive Summary 5) Approve the Stipulated Final Judgment relative to the acquisition of Parcel 161 in the lawsuit styled Collier County v. John W. Schiebel, et. al., Case No. 03-2872-CA (Golden Gate Parkway Project #60027). As detailed in the Executive Summary 17. SUMMARY AGENDA - THIS SECTION IS FOR ADVERTISED PUBLIC HEARINGS AND MUST MEET THE FOLLOWING CRITERIA: 1) A RECOMMENDATION FOR APPROVAL FROM STAFF; 2) UNANIMOUS RECOMMENDATION FOR APPROVAL BY THE COLLIER COUNTY PLANNING COMMISSION OR OTHER AUTHORIZING AGENCIES OF ALL MEMBERS PRESENT AND VOTING; 3) NO WRITTEN OR ORAL OBJECTIONS TO THE ITEM RECEIVED BY STAFF, THE COLLIER 13 February 24, 2004 .-------.,.'...- COUNTY PLANNING COMMISSION, OTHER AUTHORIZING AGENCIES OR THE BOARD, PRIOR TO THE COMMENCEMENT OF THE BCC MEETING ON WHICH THE ITEMS ARE SCHEDULED TO BE HEARD; AND 4) NO INDIVIDUALS ARE REGISTERED TO SPEAK IN OPPOSITION TO THE ITEM. FOR THOSE ITEMS, WHICH ARE QUASIJUDICAL IN NATURE, ALL PARTICIPANTS MUST BE SWORN IN. A. This item reQuires that all participants be sworn in and ex parte disclosure be provided by Commission members. Petition A VPLAT2003-AR4683 to disclaim, renounce and vacate the County's and the Public's interest in a portion of the 15 foot wide County utility easement located along the rear of Lot 4, according to the plat of "Villa Fontana Unit One" as recorded in Plat book 16, Pages 71 through 72, Public Records of Collier County, Florida, located in Section 8, Township 49 south, Range 26 east. Resolution 2004-59 B. This item reQuires that all participants be sworn in and ex parte disclosure be provided by Commission members. CUE-2003-AR-4856, James K. Keiser, representing Southern Exposure of Naples Inc., requesting a one-year extension of an approved Conditional Use for a clothing optional social club located at 1311 Jaybird Way, in Section 18, Township 49 south, Range 26 east, Collier County, Florida, consisting of approximately 8.71 acres. Resolution 2004-60 C. Approval to repeal Ordinance 77-58, Marco Water and Sewer District. Ordinance 2004-09 18. ADJOURN INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD BE MADE TO THE COUNTY MANAGER'S OFFICE AT 774-8383. 14 February 24, 2004 -"-.--- -2A AGENDA CHANGES BOARD OF COUNTY COMMISSIONERS' MEETING February 24. 2004 Item 80 was continued from the January 27. 2004 BCC meetina and is further continued indefinitelv. Public hearing to consider adoption of an Ordinance of Collier County, Florida, amending Ordinance Number 99-38, the Collier County Maximum Fees for Non-Consent Towing and Storage of Vehicles Ordinance; amending Section Four to clarify that vehicle towing companies, when engaged in non-consent towing or non-consent storage, shall not charge any administrative charge or fee unless the towing company actually incurs such cost as a direct expense and pays that expense; amending Section Six regarding the County's wrecker operator system and clarifying penalty provisions. (Staff request.) Add Item 10F: Award of Bid #04-3616 "Advertising of Delinquent Real Estate and Personal Property Taxes for 2003". (Staff's request) NOTE: County Commissioners will be meeting with the Greater Naples Leadership group at the new Human Resources training room for lunch and a question and answer session. Time Certain Items: Item 8C to be heard at 1 :30 p.m. An ordinance amending Ordinance Number 91- 102, as amended, the Collier County Land Development Code. . . Item 9B to be heard at 2:00 p.m. Accept the final report of the Collier County Revenue Commission, an Ad Hoc Advisory Board, created to explore alternative revenue sources for meeting the County's numerous and varied needs. Item 100 to be heard after 2:00 p.m. Approve the scope of work for the development of Goodland Boating Park. Item 10E to be heard at 1 :45 p.m. For the Board of County Commissioners to consider a request from the Vanderbilt Beach Beautification M.S.T.U. Advisory Committee to partner with the M.S.T.U. in the development of a Master Plan at a cost of one-half of the total cost of the Master Plan at an amount not to exceed $40,000. Item 13A to be heard at 10:00 a.m. A Resolution supporting full and adequate funding for the State Court System and the Twentieth Judicial Circuit to ensure justice for all Floridians. ,._,,~--->-,-. .4A ; ..... PROCLAMA rION WHEREAS, engineers are real movers and shakers in our world. They design structures to stand up to earthquakes and they travel into outer space. From computer chips to potato chips, their work makes a world of difference in our lives because engineers are practical inventors and problem solvers: and, WHEREAS, creativity is not only expressed in art, music, drama, and literature. Modern engineers strive to give shape to our material world, bUilt environment, and systems of information and power: and, WHEREAS, engineers perform outstanding work in their everyday lives and, through the efforts of the National Society of Professional . Engineers, a new generation is proving that they, too, have important contributions. to give. to the world by taking part in educational groups and programs sucht1$ ''New Faces of Engineering': "Introduce A Girl tq Engin~ering Day': 'ZOOM Into Engineering", and "Visioneering':' and, . .. WHEREAS, the ~ngineering profession has. changed.mtJc~llJ~ent decades with ..the globalization of the workforce,and>'tl1!;tJm/1lemorate this advancement, this years National Engineters W~~"W/ll - for the first time - expand beyond 1./. S. Boarders to involve our international colleagues,: and, . . WHEREAS, President Georgte Blish ackn,owledges ':.. the c9~'ttJl~l.ttions of America'sengineers to our technological pr~~>(nfrastructure, strength,......~nd prosperity.... " He also I"ftC09(ll.fH~ngineers for their ':..dedication to . improving our qualifyo;flifet1hdrevolutionizing the way we learn, work, and communi cat,. I! NOW THEREFORE, be it proclaimed bythe>Soard County Commissioners of Collier County, Florida that February 22 through 28, 2004, is designated as National Engineers' Week in Collier County. DONE AND ORDERED THIS 24th day of February, 2004. BOARD OF COI./NTY COMMISSIONERS COLLIER COI./NTY, FLORIDA ~d~ DONN. FIALA, CHAIRMAN ATTEST: Wf'~~.k- DWIi E. BROCK, CLERK --~..__.-.,."....-- .,._---~.__. --,..--.-.-,,- .--...~.."--_...,~~ Proclamation , 48 Whereos: the Collier School Readiness Coalition, in conjunction with the Florida Children's Forum and the Florida State Legislature, is celebrating Childrens Day during the month of February 2004; and, Whereos: research on brain development indicates that stimulating and nurturing environments during a child's first five years of life are critical to long- term development and school readiness; and, Whereos: the ability of Collier County's parents to work is tied inextricably to their ability to obtain and afford high quality early education and care programs; and, Whereos: businesses and communities benefit when children are provided high quality early childhood programs; and, Whereos: working families must be assured of high quality early childhood programs so that their children will be ready to begin school and to succeed in school; and, Whereos: by calling attention to the need for quality early education and care programs for all young .childr~l"!and their families in our community, we hope to improve the quality Cl"d ClvailClbility. of such services; and, Whereos: parents.children,teachers.Clndchfld f:Clr!~orke~ will demonstrate their dedication to the needs of children W.th cel~b~Cltions throughout Collier County and the State of Florida; and, ',.::::l:;:::' ::-1?-:\:r::::::: ,:'?)?t/,?/;:: Whereos: ColUerSc:hool Readiness COClII+lo.)..Inc., Child CQ~~pf]l~~rhwest Florida, Inc.. School District of Collier County, Redlal"!ds Chrl!tia" ,,^igrant Association, Inc., Collier County Health Department,C>eportment of Children and Families, and other agencies will continue tocQllaborate in their commitment to advancing the needs of childrel"!. ~families through high quality, comprehensive early educatiol"!. a...q f:ClI"~ services. ",:\~::<:::;~ NOW, THEREFOllE, be it resolved by TheSJa,JdofCounty Cormri~sil~"ir$ of Collier County, Florida, that we do hereby prOCICli",.Tu~.~ay, February 24, 2004, as: ",.-" -..... .... CHILDREN's DAYINCOLL.IER>C()(JNl'Y and urge all citizens of Collier County to support quality early education and care for all children. DONE AND ORDERED this 24th day of February 2004, BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA ~~ J,~ DONNA IALA, CHAIRMAN ATTEST: -.---".-- .'''.'-"'---''." --"'""-~ - '''-^-~-----~~''-'_.- 4C PROCLAMATION WHEREAS: the purchasing profession plays a significant role in the efficiency and effectiveness of both government and business; and, WHEREAS: purchasing professionals, through their combined purchasing power, spend billions of dollars every year and have a significant influence upon economic conditions throughout the world; and, WHEREAS: the Collier County Purchasing Department provides value- added services such as contract negotiation and administration, vendor management, and training; and, WHEREAS: the Collier CountyPurp~~S!~;i,Department and professional purchasing ,assPciatio"~:~~hr~f-I9ho~~':i.Ihe world engage in special, effortsduri"';ilftlimpnthI1!,~i;i;,^grch to inform the :\:" ,,-',', """":::::;:;:-<:::::::.':'J ,'_ :-::(:(:H::"::::;::' .." ,'::::' publicii:Qbo~t;:.the importgra(;:~:..of:l:i:fh'+'n~~,;; played by the PUrchd,ingprofession.;in' ~u,i"ess;r:fnd~~.ltl~~ government. l:i,iil%.j!iii<" ,'11,,/ ,i,; " "\~ill1ijlf'lit!lli\ NOW, THEReFORe, be.. pr~~'~~itl):t~Qt:'i~rh~l'~I!I~R~;; of County Commissioners. . Colli~r';\C()qnty I,..,i:flor!f~~ili!~l~tognize the ) importance of' the Purchasing Prof~s,ion iqgener~lI, and the 'Collier County PurchClsitlg\Department i":;~!iftDm-icular, and ~'\";~:~l,~::m;!~:;f:~a~:l;~~' :.'i)'aO~Rt)j;!IP;i!it:IElN"'COMMISSIONERS .';/COlL~E~i.CPy~-m;>FLORIDA ~j~ DONNA FIA , CHAIRMAN ATTEST: 0~.t~~ DWIGHT E. BROCK, CLERK > ~_.. --. ~._.,----,-"-~.- ~- .-- ..~---_.,._-,._--~ PROCLAMA TION 40 - WHEREAS, the Veterans' Transportation Program is a cooperative effort between the Collier County Board of County Commissioners and the Collier County Veterans' Council; and, WHEREAS, the purpose of the Transportation Program is to provide free transportation for Collier County veterans to VA healthcare facilities in Ft Myers, Bay Pines, Tampa, and other facilities in South Florida; and, WHEREAS, the drivers in this Program are all volunteers who donate their time and effort to see that our veterans receive needed healthcare in a timely manner; and, WHEREAS, the fam1'lies of these volunteers also contribute to the success of this Program by supporting the volunteers and the goals of the /,;ji";;ii,i;;;r";;"B.J~.,l!!f:y!'tfi > ." .... "t/~MMISSIONERS S~''''''ORI~A DONNA ATTEST: 8A ' "I t4.J COLLIER COUNTY FLORIDA REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS To: Clerk to the Board: Please place the following as a: XXX Normal Legal Advertisement o Other: (Display Adv., location, etc.) ...........................................................................~............................ Originating DeptJ Div: Comm.Dev.Serv./Planning Person: Kay Deselem, AICP Date: I - 22.-0 <f Petition No. (If none, give brief description): PUDZ-2002-AR-3542, Bristol Pines PUD Petitioner: (Name & Address): RW A, Inc., Dwight H. Nadeau, 3050 N. Horseshoe Dr., Suite 270, Naples, Fl. 34104 Name & Address of any person(s) to be notified by Clerk's Office: (If more space is needed, attach separate sheet)Waterways Joint Venture IV, 914 Grand Rapids Blvd., Naples, Fl. 34120 Hearing before OBCC o BZA o Other Requested Hearing date: Februarv 24. 2004 Based on advertisement appearing 15 days before hearing. Newspaper(s) to be used: (Complete only if important): XXX Naples Daily News Other Legally Required Proposed Text: PUDZ-2002-AR-3542, Waterways Joint Venture IV, the applicant, represented by Dwight H. Nadeau of RWA, Inc., and Richard D. Yovanovich of Goodlette, Coleman & Johnson, P.A., requesting: 1) Rezoning from an "A" Agricultural zoning district to a Residential Planned Unit Development (RPUD) district for a project to be known as the Bristol Pines PUD. This project proposes a maximum of 159 dwelling units (an overall density of 6.98 units per acre), to consist of any combination of single-family attached, zero lot line, or multi-family unit type construction; and 2) Consideration and approval of an Affordable Housing Density Bonus Agreement authorizing the developer to utilize Affordable Housing Bonus Density units (in the amount of 68 units at 2.98 bonus density units per acre) in the development of this project for low-income residents. The 22.77~ acre subject site is located on the east side of Collier Boulevard, (C.R. 951), approximately I mile south of Immokalee Road, at 14750 Collier Boulevard in Section 35, Township 48 South, Range 26 East, Collier County Florida. Companion petition(s), if any & proposed hearing date: Does Petition Fee include advertising cost? Yes No If Yes, what account should be charged for advertising costs: 113-138312-649110 Reviewed by: Approved by: ~'~6 -- Date County Manager Date List Attachments: DISTRIBUTION INSTRUCTIONS A. For hearings before BCC or BZA: Initiating person to complete one copy and obtain Division Head approval before submitting to County Manager. Note: If legal document is involved, be sure that any necessary legal review, or request for same, is submitted to County Attorney before submitting to County Manager. The Manager's office will distribute copies: o County Manager agenda file: to 0 Requesting Division o Original Clerk's Office B. Other hearings: Initiating Division head to approve and submit original to Clerk's Office, retaining a copy for file. FOR CLERK'S OFFICE USE ONLY: Date Received: I / Z 3 /0 'I Date of Public hearing: 0< / J '-/ /0 'I Date Advertised: ~/81 () 'f I , I I -~_.__...- ---"._..~---_."""-- _"_~'__n ORDINANCE NO. 04- " 8A AN ORDINANCE AMENDING ORDINANCE NUMBER ;,~ liIW 91-102, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH INCLUDES THE COMPREHENSIVE ZONING REGULA TIONS FOR THE UNINCORPORA TED AREA OF COLLIER COUNTY, FLORIDA BY AMENDING THE OFFICIAL ZONING ATLAS MAP NUMBERED 8635N; BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM "A" TO A RESIDENTIAL PLANNED UNIT DEVELOPMENT (RPUD) DISTRICT FOR A PROJECT TO BE KNOWN AS BRISTOL PINES RPUD TO ALLOW FOR A MAXIMUM OF 159 DWELLING UNITS, TO CONSIST OF ANY COMBINATION OF SINGLE-F AMIL Y A TT ACHED, ZERO LOT LINE, OR SINGLE-F AMIL Y DETACHED UNIT TYPE CONSTRUCTION; THAT WILL BE DESIGNED TO PROVIDE SIXTEEN (16) AFFORDABLE HOUSING UNITS; APPROVING AN AFFORDABLE HOUSING DENSITY BONUS AGREEMENT AUTHORIZING THE DEVELOPER TO UTILIZE AFFORDABLE HOUSING BONUS DENSITY UNITS (IN THE AMOUNT OF 68 UNITS AT 2.98 BONUS DENSITY UNITS PER ACRE) IN THE DEVELOPMENT OF THIS PROJECT LOCA TED ON THE EAST SIDE OF THE ROAD, APPROXIMA TEL Y 1 MILE SOUTH OF IMMOKALEE ROAD, AND 'l4 MILE NORTH OF WOLFE ROAD, IN SECTION 35, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 22.77i ACRES; AND BY PROVIDING AN EFFECTIVE DATE. WHEREAS, Dwight H. Nadeau, of RWA, Inc., representing Waterways Joint Venture IV, petitioned the Board of County Commissioners, in Petition Number PUDZ-2003-AR- 3542, to change the zoning classification of the herein described real property and to approve the affordable housing density bonus agreement authorizing a density bonus of 2.98 units per acre for a total of no more than 68 density bonus units. NOW, THEREFORE BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, THAT: SECTION ONE: The zoning classification of the herein described real property located in Section 35, Township 48 South, Range 26 East, Collier County, Florida, is changed from "A" Agricultural zoning district to "RPUD" Residential Planned Unit Development in accordance with the "Bristol Pines" PUD Document, attached hereto as Exhibit "A" and incorporated by reference herein. The Official Zoning Atlas Map numbered 8635N, as described in Ordinance Number 91-102, the Collier County Land Development Code, is hereby amended accordingl y. SECTION TWO: Page 1 of 2 ---- - -'--"'- 8A SECTION THREE: This Ordinance shall become effective upon filing with the Department of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this day of ,2004. ATTEST: BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: DWIGHT E. BROCK, CLERK , CHAIRMAN Approved as to Form and Legal Sufficiency ~.~ Patrick . White Assistant County Attorney G/ Admin/PUDZ-2002-AR-3542/sp Attachments: Exhibit A, PUD Document Exhibit B, Affordable Housing Density Bonus Agreement Page 2 of 2 \ , 8A BRISTOL PINES RPUD ~ A RESIDENTIAL PLANNED UNIT DEVELOPMENT REGULATIONS AND SUPPORTING MASTER PLAN GOVERNING BRISTOL PINES RPUD, A PLANNED UNIT DEVELOPMENT PURSUANT TO PROVISIONS OF THE COLLIER COUNTY LAND DEVELOPMENT CODE PREPARED FOR: WATERWAYS JOINT VENTURE N 14627 COLLIER BLVD NAPLES, FLORIDA 34120 . PREPARED BY: J1WTANC CONSULTING ......... y y..L ..... 3050 NORTH HORSESHOE DRIVE SUITE 270 NAPLES, FLORIDA 34104 And GOODLETTE COLEMAN & JOHNSON, P.A. 4001 TAMIAMITRAILNORTH SUITE 300 NAPLES, FLORIDA 34103 DATE REVIEWED BY CCPC DATE APPROVED BY BCC ORDINANCE NUMBER AMENDMENTS AND REPEAL PUDZ-2003-AR-3542 PROJECT #2002100014 DA TE: 1/20/04 KAY DESELEM P:\2002\02-0151.01 Bristol Pines PUD\0002 Rezoning\Bristol Pines-PUD-V6.0.doc m_' '..__......._ - ~---~----,.< ....- ..~._-..._. \ _. 8A \ TABLE OF CONTENTS List of Exhibits, Tables and Appendix 1 Statement of Compliance 11 Section I Property Ownership and Legal Description I-I Section II Proj ect Development Requirements II-I Section III Residential Development Standards III-I Section IV Recreation Area IV-I Section V Preserve Area V-I Section VI Development Commitments VI-l P:\2002\02-0151.01 Bristol Pines PUD\0002 Rezoning\Bristol Pines-PUD-V6.0.doc ~~--, - ---",. 8A I. :;..:' , ',., ' I~'" , LIST OF EXHIBITS. TABLES AND APPENDIX EXHIBIT "A" RPUD MASTER PLAN APPENDIX "A" TYPICAL CROSS SECTIONS EXHIBIT "B" BOUNDARY SURVEY EXHIBIT "e" VICINITY MAP EXHIBIT "D" PUBLIC FACILITIES MAP TABLE I PROJECT LAND USE TRACTS TABLE IT DEVELOPMENT STANDARDS . 1 P:\2002\02-0151.01 Bristol Pines PUm0002 Rezoning\Bristol Pines-PUD-V6.0.doc ,.- ~-'--'--'----"'.._'~-- -...-..,-, . 8<' ~ ;;.., . r .."" J oJ. STATEMENT OF COMPLIANCE The development of approximately 22.77 acres of property in Collier County, Florida as a Planned Unit Development to be known as Bristol Pines RPUD will be in compliance with the goals, objectives and policies of Collier County as set forth in the Growth Management Plan. The residential uses and recreational facilities of the Bristol Pines RPUD are consistent with the growth policies, land development regulations, and applicable comprehensive planning objectives of each ofthe elements of the Growth Management Plan for the following reasons: 1. The subject property for development is within the Urban Mixed Use DistrictJUrban Residential Subdistrict as identified on the Future Land Use Map as provided for in Objective 1 of the Future Land Use Element (FLUE), and the uses contemplated are consistent therewith. 2. The project is proposed to be a residential planned unit development district located within the Urban-Mixed Use District, as identified on the Future Land Use Map from the Future Land Use Element (FLUE), of the Collier County Growth Management Plan. The Density Rating System of the FLUE provides for a density bonus when a proposed project intends to provide "affordable hO).lsing". The subject project is eligible to receive a density bonus of three (3) dwelling units per gross acre, as demonstrated in the companion Affordable Housing Density Bonus Agreement, added to the base density of four (4) dwelling units per gross acre to provide for a gross project density of seven (7) dwelling units per acre. The proposed density ofthe Bristol Pines RPUD is 6.98 units per gross acre, which is less than what is provided for by the FLUE Density Rating System, and is therefore consistent with the Future Land Use Element, Policy 5.1. of the Collier County Growth Management Plan. 3. The project will implement Objective 1 of the Housing Element by providing additional "affordable housing" dwelling units in Collier County, within the proposed master planned development. 4. The project will further the implementation of Policy 1.4 of the Housing Element by providing "affordable housing" in an area where planned infrastructure and services will be available; 5. The project will act to implement Policy 2.9 of the Housing Element by providing "affordable housing" dwelling units blended within the planned market rate development. 6. The development will be compatible with and complementary to existing and planned surrounding land uses. 7. The development of the Bristol Pines RPUD will result in an efficient and economical extension of community facilities and services as required in Policy 3.l.g. of the Future Land Use Element. 8. The Bristol Pines RPUD implements Policy 5.6 of the Future Land Use Element in that more than 60% of the project will provide useable open space, or lands reserved for conservation purposes. 11 P:\2002\02-0l51.01 Bristol Pines PUD\0002 Rezoning\Bristol Pines-PUD-V6.0.doc -"---'--"...- 8A = ' ' , 9. The native vegetation provisions of the Bristol Pines RPUD implements Policy 6.1.1 of the Conservation Coastal Management Element in that "native preserves" will be incorporated into the project design. 10. The Master Development Plan, with its extensive natural area, lakes and open space areas, and with its moderate residential density, will insure that the developed project will be an attractive and enjoyable residential development. 11. By virtue that the project must comply with the provisions of Division 3.15. of the Land Development Code, it will implement, and further Objective 8 of the Transportation Element. . ll1 P:\2002\02-0151.01 Bristol Pines PUD\0002 Rezoning\Bristol Pines-PUD-V6,O.doc -- ,--'--' ~~-,- \ ''8,4 SECTION I PROPERTY OWNERSHIP AND DESCRIPTION 1.1 PURPOSE The purpose of this Section is to set forth the location and ownership of the property, and to describe the existing conditions of the property proposed to be developed under the project name of the Bristol Pines RPUD. 1.2 LEGAL DESCRIPTION A PART OF THE NORTHWEST QUARTER OF SECTION 35, TOWNSHIP 48 SOUTH, RANGE 26 EAST, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SECTION 35, TOWNSHIP 48 SOUTH, RANGE 26 EAST; THENCE ALONG THE NORTH LINE OF SAID SECTION 35, PROCEED N 89056'57" E, FOR 100.08 FEET; THENCE LEAVING SAID NORTH LINE S 02016'29" E, FOR 30.02 FEET ALONG THE EASTERLY BOUNDARY OF A 100 FOOT ACCESS EASEMENT, ALSO BEING PARALLEL WITH THE WEST LINE OF SAID SECTION 35, TO A POINT ON THE SOUTH RIGHT OF WAY OF TREE FARM ROAD AND ALSO BEING THE POINT OF BEGINNING; THENCE ALONG SAID SOUTH RIGHT OF WAY, ALSO BEING PARALLEL WITH THE NORTH LINE OF SAID SECTION 35, N 89056'57" E FOR 1552.29 FEET; THENCE LEAVING SAID SOUTH RIGHT OF WAY S 02016'25" E FOR 639.48 FEET; THENCE SOUTH 89056'32" W FOR 1552.27 FEET TO A POINT ON THE EAST LINE OF A 100 FOOT CANAL EASEMENT; THENCE ALONG SAID EAST LINE OF CANAL EASEMENT, BEING PARALLEL WITH THE WEST LINE OF SAID SECTION 35, N 02016'29" W FOR 639.67 FEET TO THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED. CONTAINING 992050.3 SQUARE FEET OR 22.8 ACRES MORE OR LESS. SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORDS. BEARINGS ARE BASED ON THE NORTH LINE OF SECTION 35, TOWNSHIP 48 SOUTH, RANGE 26 EAST, AS BEING NORTH 89056'57" EAST. 1.3 PROPERTY OWNERSHIP The subject property is owned by: Waterways Joint Venture IV (Folio: 00205560002,00205480001,00205520000) Waterways Joint Venture IV (Folio: 00205760006) 1-1 P:\2002\02-0l51.0l Bristol Pines PUD\0002 Rezoning\Bristol Pines-PUD-V6.0.doc '.-"..- p , 8;1 , 1.4 DEVELOPER The Bristol Pines RPUD is intended to be developed by Waterways Joint Venture IV, all reference to the "Developer" as may be contained in this RPUD Document shall mean Waterways Joint Venture IV, unless, and until the subject property described and depicted in this RPUD Document is conveyed, or assigned. It is the responsibility of Waterways Joint Venture IV to notify Collier County, in writing, of the land conveyance, or assignment of the subject property described and depicted in this RPUD Document within six months from the actual conveyance, or assignment. l.S PHYSICAL DESCRIPTION The development property is located in the northwest half of Section 35, Township 48 South, Range 26 East. More than eighty percent of the proposed project site has been . cleared, and utilized for agricultural purposes. The easterly 4.77 acres has an existing single-family home and associated improvement. Historically, timbering and cattle grazing have occurred on the property. The property is generally without topographic relief, with elevations ranging from 13.1' to 14.8' above mean sea level. The water management system consists of approximately 2.68 acres of water management areas that will receive runoff from structures and parking areas. Runoff is collected by catch basins and culvert systems for conveyance to the project's internal lake system. The project outfall will be at the project's western boundary. Discharge will be into the Collier Boulevard (C.R. 951) Canal Right-of-Way. Allowable discharge rates will be in accordance with Collier County Ordinance No. 90-10, as amended. 1.6 PROJECT DESCRIPTION The Bristol Pines RPUD shall be a residential development. The amenities proposed as developer commitments to be provided in the project include structures (clubhouse), and areas (interior within the clubhouse, swimming pool, children's playground, and tennis facilities), to provide social and recreational space, lakes, natural and landscaped open spaces, and a variety of passive (native preserves) and active recreational opportunities. Access to the property will be from Collier Boulevard (C.R. 951), approximately 330 feet south of Tree Farm Road. That segment of Collier Boulevard between Golden Gate Boulevard and Immokalee Road is planned to be improved with a six-lane divided roadway programmed to commence construction in 2005 (Capital Road Project #65061). Each residential unit will be served with centrally provided potable water, sanitary sewer, electric power, and telephone. Additional services will be provided as deemed appropriate. 1.7 SHORT TITLE This Ordinance shall be known and cited as the "Bristol Pines Residential Planned Unit Development Ordinance". 1-2 P:\2002\02-0151.01 Bristol Pines PUD\0002 RezoninglJ3ristol Pines-PUD-V6.0.doc --.--- .-....--.-----.. .,. ..-.....-..'".- \ "<8 .4 \ SECTION II PROJECT DEVELOPMENT REQUIREMENTS 2.1 PURPOSE The purpose of this Section is to delineate and generally describe the project plan of development, relationships to applicable County Ordinances, the respective land uses of the Bristol Pines RPUD development, as well as other project relationships. 2.2 GENERAL . A. Regulations for development of the Bristol Pines RPUD shall be in accordance with the contents of this document, the RPUD-Planned Unit Development District and other applicable sections and parts of the Collier County Land Development Code and Growth Management Plan in effect at the time of building permit application. Where these RPUD regulations fail to provide developmental standards, then the provisions of the most similar district in the County Land Development Code shall apply. B. This RPUD Document and attendant RPUD Master Plan is generally tailored to provide specific development standards for the residential product proposed by the Developer. C. Unless otherwise noted, the definitions of all terms shall be the same as the definitions set forth in the Collier County Land Development Code in effect at the time of building permit application. D. All conditions imposed and all graphic material presented depicting restrictions for the development of the Bristol Pines RPUD shall become part of the regulations that govern the manner in which the RPUD site may be developed. E. Unless modified, waived or excepted through the approval of a deviation stated herein, the provisions of other sections of the Land Development Code, where applicable, remain in full force and effect with respect to the development of the land that comprises this RPUD. F. Development permitted by the approval of this petition will be subject to a concurrency review under the provisions of Division 3.15, Adequate Public Facilities, of the Land Development Code, at the earliest or next-to-occur of either Final Site Development Plan approval, or Final Plat approv~l, or building permit issuance applicable to this development. IT-I P:\2002\02-0l51.0l Bristol Pines PUD\0002 Rezoning\Bristol Pines-PUD-V6.0.doc . _._,~- "~._-_.- , 811 , 2.3 DESCRIPTION OF PROJECT PLAN AND LAND USE TRACTS A. The project Master Plan, including layout of streets and use of land is illustrated graphically by Exhibit "A", RPUD Master Plan. TABLE I PROJECT LAND USE TRACTS TYPE UNITS/FT. ACREAGE::!: TRACT "R" RESIDENTIAL 159 19.8 TRACT"RA" RECREATION AREA 0 2.0 TRACT "P" PRESERVE 0 1.0 B. Areas illustrated as lakes by Exhibit "A" shall be constructed as lakes or, upon approval, parts thereof may be constructed as shallow, intermittent wet and dry depressions for water retention purposes. Such areas, lakes and intermittent wet and dry areas shall be in the same general configuration and contain the same general acreage as shown by Exhibit "A". Minor modification to all tracts, lakes or other boundaries may be permitted at the time of Final Plat or Site Development Plan approval, subject to the provisions of Sections 3.2.6.3.5. and 2.7.3.5. respectively, of the Collier County Land Development Code, or as otherwise permitted by this RPUD document. C. In addition to the various areas and specific items shown on Exhibit "A", such easements as necessary (utility, private, semi-private) shall be established within or along the various tracts as may be necessary. 2.4 MAXIMUM PROJECT DENSITY A maximum of 159 residential dwelling units may be constructed in the total project area. The gross project area is approximately 22.77 acres. The gross project density, therefore, will be a maximum of 6.98 dwelling units per acre. A density of more than 4.0 units per acre must be developed in accordance with an approved Affordable Housing Density Bonus Agreement (AHDB). II-2 P:\2002\02-0151.01 Bristol Pines PUD\0002 Rezoning\Bristol Pines.PUD-V6.0.doc .-.-.-,. .------ . J' 8// , 2.5 PROJECT PLAN APPROVAL REQUIREMENTS A. Prior to Final Local Development Order issuance for all or part of the RPUD, final plans of all required improvements shall receive approval of the appropriate Collier County governmental agency to insure compliance with the RPUD Master Plan and the Collier County Land Development Code. B. Exhibit "A", RPUD Master Plan, constitutes the required RPUD Development Plan. Any division of property and the development of the land shall be in compliance with Division 3.2 ofthe Collier County Land Development Code, and the platting laws of the State of Florida. C. The provisions of Division 3.3 of the Collier County Land Development Code, when applicable, shall apply to the development of all platted tracts of land as provided in said Division prior to the issuance of a building permit or other development order. D. Appropriate instruments will be provided at the time of infrastructural improvements regarding any dedications and methods for providing perpetual maintenance of common facilities. E. Prior to the development of a zero lot line product, or single-family attached units following the development standards set forth in Table IT of this document, in which each unit is on a separate platted lot, the Developer shall submit either a Preliminary Subdivision Plat, or plan as a part of the construction plan set showing the building envelope on all of the lots intended for zero lot line construction to the Planning Services Department for purposes of indicating zero lot line relationships, provision for achieving the minimum space between buildings, and to ensure that no one lot is adversely impacted by failing to provide the required side-yard in a uniform manner. No side-yards are required between units where multiple units, intended for fee simple conveyance, are contained in a single principal structure. The Preliminary Subdivision Plat, or plan as a part of the construction plan set, shall also show typical lots, and the footprints of the proposed residences. 2.6 LAKE SETBACK AND EXCAVATIONS Lakes shall conform with the requirements of Division 3.5. of the Land Development Code for a development excavation. Lakes may be excavated to the maximum development excavation depths set forth in Section 3.5.7.3.1. of the Land Development Code. Removal of fill from the Bristol Pines RPUD shall be limited to an amount up to ten percent (10%) (to a maximum 20,000 cubic yards), of the total volume. IT-3 . P:\2002\02-0l5LOl Bristol Pines PUD\0002 Rezoning\Bristol Pines-PUD-V6.0.doc ._'-...-...."'"'""'-_.. '"""- , 2.7 RIGHTS-OF-WAY 8/1 All platted project streets shall have a minimum 50-foot right-of-way, a deviation from Appendix B, Typical Street Section, B-4 and B-5 which requires 60 feet, to allow 5Q feet. (See Appendix "A", Typical Cross Sections, and Exhibit A, RPUD Master Plan), and shall be public, and shall be classified as local streets. Utilization of lands within all project rights-of-way for landscaping, decorative entranceways, and signage may be allowed subject to review and administrative approval by the Collier County Community Development and Environmental Services Administrator, or his designee, for engineering and safety considerations prior to installation. 2.8 AMENDMENTS TO RPUD DOCUMENT OR RPUD MASTER PLAN Changes and amendments may be made to this RPUD Ordinance or RPUD Master Development Plan, Exhibit "A", as provided for in Section 2.7.3.5. of the Collier County Land Development Code. Minor changes and refinements as described in Section 6.3.C. of this RPUD document may be made in connection with any type of development or permit application required by the Collier County Land Development Code. 2.9 DEDICATION AND MAINTENANCE OF COMMON AREAS & FACILITIES Easements shall be provided for water management areas, rights-of-way, utilities and other purposes as required. All necessary easements, dedications, or other instruments shall be granted to insure the continued operation and maintenance of all service utilities in compliance with applicable regulations in effect at the time of adoption of this Ordinance establishing the Bristol Pines RPUD. Whenever the Developer elects to create land area and/or recreation amenities whose ownership and maintenance responsibility is a common interest to all of the subsequent purchasers of residential units or real property within the Bristol Pines RPUD, the Developer shall provide appropriate legal instruments for the establishment of a Property Owners' Association, or Master Condominium Association, whose function shall include provision for the perpetual care and maintenance of all common facilities and open space, subject further to the provisions of Section 2.2.20.3.8. of the Collier County Land Development Code. 2.10 MODEL, SALES, AND CONSTRUCTION OPERATION FACILITIES A. Models, sales/rental centers and other uses and structures related to the promotion and sale and/or rental of real estate such as, but not limited to, pavilions, viewing platforms, gazebos, parking areas, and signs, shall be permitted principal uses throughout the Bristol Pines RPUD subject to the requirements of Division 2.3, Division 2.4, Division 2.5, and Section 2.6.33.4. of the Collier County Land Development Code. II-4 . P:\2002\02-0151.01 Bristol Pines PUD\0002 Rezoning\Bristol Pines-PUD-V6.0.doc -.-- --.-._,~,--_._---,- "84 B. Temporary Use Permits for sales centers, and model homes may be approved subsequent to zoning approval. Temporary Use Permit applications, and associated Site Development Plan (SDP) application(s) for residential models, may be submitted, and approved pursuant to Section 2.6.33.4.1.5. of the LDC, with applications for improvement plans and final subdivision plat, to depict the location of the model units within a future platted lot. All model units shall be located on lots that will be platted through subsequent development order approvals. C. The existing single-family principal structures may be used for temporary . sales centers, and construction operation/management offices, and may be served by the existing well and septic systems. Such use of the existing single-family structure must be in compliance with all applicable federal, state and local codes and permitting procedures. D. Temporary uses for sales centers may be serviced by temporary well and septic systems. E. A portion (no more than 1/3 of the gross floor area), of the clubhouse facilities may be used as a permanent sales facility to be utilized to market residential products, including the re-sale of residences within the boundaries of the Bristol Pines RPUD. 2.11 CLUBHOUSE Construction approvals for the clubhouse and related common recreational facilities may be approved subsequent to zoning approval. Site Development Plan (SDP) application(s) for the clubhouse and related facilities may be submitted concurrently with applications for improvement plans and final subdivision plat to depict the location of the clubhouse and related facilities within a future platted tract. The approval of the clubhouse SDP is not dependant on final plat approval. The clubhouse and related facilities shall be located on a tract that will be platted through subsequent development order approvals. 2.12 EXISTING STRUCTURES The existing principal structures within the RPUD boundaries may be retained, and utilized for temporary uses as set forth in Section 2.10 of this RPUD Document. Those existing structures may be retained through the construction and platting phases of the development. 2.13 FILL STORAGE Fill material generated may be stockpiled within areas designated for residential development. Prior to stockpiling in these locations, a Vegetation Removal and Site Filling Permit, along with plans showing the locations and cross-sections shall be submitted to Collier County Planning Services Staff for review and approval. The following standards shall apply: ll-5 P:\2002\02-0151.01 Bristol Pines PUD\0002 Rezoning\Brislol Pines-PUD-V6.0.doc ~_.~-.. ,-- . >~., ~.._-'--^- '. , 84 A. Stockpile maximum side slope: 3:1 B. Stockpile maximum height: thirty-five (35) feet C. Fill storage shall not be permitted in Preserve Areas. 2.14 REQUIRED ENVIRONMENTAL PERMITTING Where the development of land within the Bristol Pines RPUD requires a permit from a local, State, or Federal agency with jurisdiction over the property proposed for development, the Developer shall obtain such permits prior to final development order approval. 2.15 NATIVE VEGETATION RETENTION REQUIREMENTS Pursuant to Policy 6.1.1 of the Conservation and Coastal Management Element of the Collier County Growth Management Plan, and Section 3.9.5.5.3 of the Collier County Land Development Code; a minimum of 0.94 acres (25% of the viable, naturally functioning native vegetation on site) is required to be retained or replanted. Viable, naturally functioning native vegetation areas do not include those areas of vegetation that have greater than seventy-five percent (75%) canopy coverage of exotic specIes. The RPUD Master Plan depicts one Preserve that will be platted as a Native Preserve tract. The one-acre Preserve depicted will be retained native vegetation. This is due to the fact that of the 22.77-acre project site, only 3.78 acres of the site is "native", by definition. Native Preserves shall have an average fifty-foot (50') width, but be no less than twenty feet (20'). The design, area, and configuration of the Native Preserves may be modified. However, the remaining Native Preserves shall not go below 0.94 acres in total area. Please refer to Appendix "A", Typical Cross Sections, for details related to separation of structures from Tract "P", and the Native Preserves. 2.16 LINKAGE TO COLLIER COUNTY LAND DEVELOPMENT CODE Pursuant to Subsection 2.7.3.3. of the Land Development Code, upon adoption of the RPUD Ordinance and attendant RPUD Master Plan, the provisions of the RPUD document become a part of the Land Development Code and shall be the standards of development for the RPUD. Thenceforth, development in the area delineated as the BRISTOL PINES RPUD District on the Official Zoning Atlas shall be governed by the adopted development regulations set forth in this RPUD Document, RPUD Master Plan, and applicable provisions of the Land Development Code. II-6 P:\2002\02-015LOl Bristol Pines PUD\0002 Rezoning\Bristol Pines-PUD-V6.0.doc . ....-- ---.- -...-- """-'---'-----'--'.- -. "---,"-'.--------.-'.--...-..'-------.--,-,- . 84 SECTION III ..., RESIDENTIAL DEVELOPMENT STANDARDS 3.1 PURPOSE The purpose of this Section is to identify specific development standards for areas designated as Tract "R" on the RPUD Master Plan, Exhibit "A". Infrastructure, perimeter land use buffers, signage, as well as project recreational/social facilities will occur within this Tract "R". 3.2 MAXIMUM DWELLING UNITS The maximum number of residential dwelling units allowed within the RPUD shall be established at the time of development plan review, but shall not exceed 159 dwelling units and be developed consistent with the project's AHDB agreement. 3.3 USES PERMITTED No building or structure, or part thereof, shall be erected, altered or used, or land used, in whole or in part, for other than the following uses derived from RMF-6: A. Principal Uses: 1) Single- family attached dwellings (including townhouses intended for fee simple conveyance) 2) zero lot line dwellings 3) single-family detached dwellings B. Accessory Uses: Customary accessory uses and structures including, but not limited to private garages, swimming pools with, or without screened enclosures, and other outdoor recreation facilities along with the following: Model Homes (See Section 2.10 of this RPUD Document). 3.4 DEVELOPMENT STANDARDS A. GENERAL: Except as provided for herein, all criteria set forth below shall be understood to be in relation to individual parcel or lot boundary lines, or between structures. Condominium, and/or homeowners' association boundaries shall not be utilized for determining development standards. B. OFF-STREET PARKING AND LOADING REQUIREMENTS: As required by Division 2.3 of the Collier County Land Development Code in effect at the time of building permit application. III-I P:\2002\02-0151.01 Bristol Pines PUD\0002 Rezoning\Bristol Pines-PUD-V6.0.doc .' . ~_...,-."' -----..,,-.--..- . 8,4 t', TABLE II RESIDENTIAL DEVELOPMENT STANDARDS DEVELOPMENT SINGLE- SINGLE- CLUBHOUSE/ STANDARDS F AMIL Y F AMIL Y RECREATION DETACHED AITACHED BUILDINGS ZERO-LOT LINE PRINCIPAL STRUCTURES MINIMUM LOT AREA 2,250 S.F. 2,250 S.F. 10,000 S.F. MINIMUM LOT WIDTH 40 FEET 25 FEET N/A MINIMUM FLOOR AREA 1,000 S.F. 1,000 S.F. N/A MIN FRONT YARD 20 FEET 20 FEET N/A MIN SIDE YARD 7.5 FEET o FEET or N/A 5 FEET MIN REAR YARD 15 FEET 15 FEET N/A MIN PRESERVE SETBACK 25 FEET 25 FEET 25 FEET MIN. DIST. BETWEEN STRUCTURES 15 FEET 15 FEET or N/A Y>BH MAX. BLDG. HT. 2 STORIES 2 STORIES 2 STORIES NOT TO EXCEED 35 FEET 35 FEET 35 FEET ACCESSORY STRUCTURES FRONT S.P.S. S.P.S. 20 FEET SIDE S.P.S. S.P.S Y>BH REAR (AITACHED) 5 FEET . 5 FEET 10 FEET (DETACHED) 5 FEET 5 FEET 20 FEET PRESERVE SETBACK 10 FEET 10 FEET 10 FEET MIN. DIST. BETWEEN STRUCTURES 15 FEET 10 FEET greater of 15 feet or Y> BH MAX. BLDG. HT. 2 STORIES 2 STORIES 2 STORIES NOT TO EXCEED 35 FEET 35 FEET 35 FEET S.P.S.: Same as Principal Structures. BH: Building Height Notes: 1) The location of structures proposed adjacent to a lake may have no setback from the lake maintenance easement. 2) No structures are permitted in the required, 20 foot lake maintenance easement. 3) To ensure compatibility with the existing single-family residence lying south of the Bristol Pines property, only a single-story residential structure may be located adjacent to that residence. ill-2 P:\2002\02-0l51.0l Bristol Pines PUD\0002 Rezoning\Bristol Pines-PUD-V6.0.doc .'_.,-,--.>,-",,-- . '--~"-"-~--'-"-""'---"- _._ H SECTION IV 8/1 , RECREATION AREA .' 'i' I '. "'$ 4.1 PURPOSE The purpose of this Section is to set forth the development plan for areas designated as Tract "RA," Recreation Area on Exhibit "A", RPUD Master Plan. The primary function and purpose of this Tract is to provide for social and recreational areas/spaces as an amenity for the residents of the project. 4.2 USES PERMITTED No building or structure or part thereof, shall be erected altered or used, or land used, in whole or in part, for other than the following, subject to the issuance of regional, State and Federal permits, when required: Principal Uses: I) Structures intended to provide social and recreational space; 2) Outdoor recreation facilities, such as a community swimming pool, tennis and basketball courts, playground improvements/facilities, and passive and/or active water features; 3) Any other principal use which is comparable in nature with the foregoing uses and is approved through the process set forth in the LDC at the time of the request for such use. Accessory Uses: Customary accessory uses or structures incidental to recreation areas and, or facilities, including structures constructed for purposes of maintenance, storage or shelter with appropriate screening and landscaping. 4.4 DEVELOPMENT STANDARDS A. GENERAL: Except as provided for herein, all criteria set forth below shall be understood to be in relation to individual parcel or lot boundary lines, or between structures. Condominium, and/or homeowners' association boundaries shall not be utilized for determining development standards. Development standards for Tract RA are contained in Table II in this document. There shall be a minimum of 20 feet separation of recreational building(s) from all residential units. B. OFF-STREET PARKING AND LOADING REQUIREMENTS: As required by Division 2.3 of the Collier County Land Development Code in effect at the time of building permit application. IV-I P:\2002\02-0151.01 Bristol Pines PUD\0002 Rezoning\Bristol Pines-PUD-V6.0.doc ""'.--". ._~---,' ~_'_M..,.,.._ ....~^- SECTION V 81/ PRESERVE AREA 5.1 PURPOSE The purpose of this Section is to set forth the development plan for areas designated as Tract "P", Preserve Area on Exhibit "A", RPUD Master Plan. The primary function and purpose of this Tract is to preserve and protect vegetation and naturally functioning habitats, such as wetlands, including upland buffers, in their natural, and/or enhanced state. 5.2 USES PERMITTED No building or structure or part thereof, shall be erected altered or used, or land used, in whole or in part, for other than the following, subject to the issuance of regional, State and Federal permits, when required: Principal Uses: Open spaces/Nature preserves. Accessory Uses: 1) Water management structures. 2) Mitigation areas. 3) Hiking trails, boardwalks, shelters, or other such facilities constructed for the purposes of passage through or enjoyment of the site's natural attributes, subject to approval by permitting agencies. V-I P:\2002\02-0151.01 Bristol Pines PUD\0002 Rezoning\Bristol Pines-PUD-V6.0.doc ~...,,'.<- . "'d_ -".,..- . 8A ,. SECTION VI ~. . DEVELOPMENT COMMITMENTS 6.1 PURPOSE The purpose of this Section is to set forth the development commitments for the development of the project. 6.2 GENERAL - All facilities shall be constructed in strict accordance with Final Site Development Plans, Final Subdivision Plans (if required), and all applicable State and local laws, codes, and regulations applicable to this RPUD. Except where specifically noted or stated otherwise, the standards and specifications of Division 3.2 of the Collier County Land Development Code shall apply to this project, even if the land within the RPUD is not to be platted. The Developer, its successors and assigns, shall be responsible for the commitments outlined in this document. These commitments will be enforced through provisions agreed to be included in the declaration of covenants and restrictions, or similar recorded instrument. Such provisions must be enforceable by lot owners against the developer, its successors, and assigns, prior to the development's last final subdivision acceptance. The Developer, its successors or assignee, shall follow the Master Development Plan and the regulations of the RPUD, as adopted, and any other conditions or modifications as may be agreed to in the rezoning of the property. In addition, any successors or assignee in title to the Developer is bound by any commitments within this agreement. These commitments may be assigned or delegated to a condominium! homeowners' association to be created by the Developer. Upon assignment or delegation, the Developer shall be released from responsibility for the commitments. 6.3 RPUD MASTER DEVELOPMENT PLAN A. Exhibit "A", RPUD Master Plan illustrates the proposed development and is conceptual in nature. Proposed tract, parcel, orland use boundaries, or special land use boundaries shall not be construed to be final, and may be varied at any time at any subsequent approval phase such as final platting or site development plan application. Subject to the provisions of Section 2.7.3.5 of the Land Development Code, amendments may be made from time to time. B. All necessary easements, dedications, or other instruments shall be granted to insure the continued operation and maintenance of all services and all common areas in the proj ect. C. The Community Development and Environmental Services Administrator, or his designee, shall be authorized to approve minor changes and refinements to the Bristol Pines RPUD Master Plan upon written request of the Developer. VI-l P:\2002\02-0151.0l Bristol Pines PUD\O002 Rezoning\Bristol Pines-PUD-V6.0.doc - ..."--- --'- 8',,_, Jr;:i 81/ "':1i 1) The following limitations shall apply to such requests: a. The minor change or refinement shall be consistent with the Collier County Growth Management Plan (GMP), and the Bristol Pines RPUD document. b. The minor change or refinement shall not constitute a substantial change pursuant to Subsection 2.7.3.5.1. of the Collier County Land Development Code. c. The minor change or refinement shall be compatible with adjacent land uses, and shall not create detrimental impacts to abutting land uses, water management facilities, and Preserve Areas within, or external to the RPUD boundaries. 2) The following shall be considered minor changes or refinements, subject to the limitations of Subsection 6.3.C.I) of this document: a. Reconfiguration of Preserve Areas, jurisdictional wetland limits, and mitigation features as a result of regulatory agency review and permitting. There may be no overall decrease in Preserve Area. b. Reconfiguration of lakes or other water management facilities where such changes are consistent with the criteria of the South Florida Water Management District and Collier County. c. Internal realignment of roadways and interconnection to off-site lands, other than a relocation of access points from publicly maintained roadways (i.e.: State or County roadways), to the RPUD itself, where no water conservation/preservation areas are affected, or otherwise provided for. d. Reconfiguration of residential parcels when there is no proposed encroachment into Preserve Area, except as provided for in "a." above. 3) Minor changes and refinements, as described above, shall be reviewed by appropriate County staff to ensure compliance with all applicable County Ordinances and regulations prior to the Administrator's consideration for approval. 4) Approval by the Administrator of a minor change or refinement may occur independently from, and prior to any application for Subdivision (if required), or Site Development Plan approval, however, the Administrator, or his designee's approval shall not constitute an authorization for development or implementation of the minor change or refinement without first obtaining all applicable County peimits and approvals. VI-2 P:\2002\02-0151.01 Bristol Pines PUD\0002 Rezoning\Bristol Pines-PUD-V6.0.doc --.--.. -"---'- ____m_ "~ 8A 6.4 SCHEDULE OF DEVELOPMENT/MONITORING REPORT AND SUNSET PROVISION A. This RPUD is subject to the Sunset Provisions of Section 2.7.3.4 of the Land Development Code. B. An annual RPUD monitoring.report shall be submitted pursuant to Section 2.7.3.6 of the Land Development Code and be in the form of an affidavit by the property owner or designated agent. C. The project will be developed in one phase, and is anticipated to impact public facilities with permanent occupancy dwellings in late Fall of 2004. Recreation, including playground facilities, and clubhouse facilities will be constructed simultaneously with the development of the residential product. A proportionate amount of recreation facilities must be open and available to residents prior to the issuance of the first residential dwelling unit permanent certificate of occupancy. 6.5 TRANSPORTATION The development of this RPUD Master Development Plan shall be subject to and governed by the following conditions: A. All traffic control devices, signs, pavement markings and design criteria must be in accordance with Florida Department of Transportation (FDOT) Manual of Uniform Minimum Standards (MUMS), current edition, FDOT Design Standards, current edition, and the Manual On Uniform Traffic Control Devices (MUTCD), current edition. All other improvements must be consistent with and as required by the Collier county Land Development code (LDC) B. Arterial level street lighting must be provided at all development access points. Access lighting must be in place prior to the issuance of the first Certificate of Occupancy (CO). C. Site-related improvements necessary for safe ingress and egress to this project, as determined by Collier County, shall not be eligible for impact fee credits. All required improvements must be in place and available to the public prior to the issuance of the first CO. D. Road impact fees must be paid in accordance with Code of Laws, Chapter 74, as amended, and Division 3.15. LDC, as it may be amended. E. All work within Collier County rights-of-way or public ingress or egress easements shall require a Right-of-way Permit. . VI-3 P:\2002\02-0151.01 Bristol Pines PUD\0002 Rezoning\Bristol Pines-PUD-V6.0.doc ...._._...u --~.- --", - . ---------...-- ..-...-,." --."-----~~- " f .-1 ',' . ~~ "',.< F. All proposed median opening locations must be in accordance with the Collier County Access Management Policy (Resolution 01-247), as it may be amended, and the LDC, as it may be amended. Collier County reserves the right to modify or close any median opening existing at the time of approval of this RPUD which is found to be adverse to the health, safety and welfare of the public. Any such modifications must be based on, but are not limited to, safety, operational circulation, and roadway capacity. G. Nothing in any development order shall vest a right of access in excess of a right in/right out condition at any access point. Neither will the existence of a point of ingress, a point of egress or a median opening, nor the lack thereof, shall be the basis for any future cause of action for damages against the County by the developer, its successor in title, or assignee. H. All internal roads, driveways, alleys, pathways, sidewalks and interconnections to adjacent developments must be operated and maintained by an entity created by the developer and Collier Country shall have no responsibility for maintenance of any such facilities. 1. If any required turn lane improvement requires the use of existing County right-of- way or easement, compensating right-of-way must be provided without cost to Collier County as a consequence of such improvement. J. If, in the sole opinion of Collier County, a traffic signal, or other traffic control device, sign or pavement marking improvement within a public right-of-way or easement is determined to be necessary, the cost of such improvement shall be borne by the developer and shall be paid to Collier County before the issuance of the first CO. K. This project and all adjacent developments will be encouraged to provide shared access or interconnections. Specifically, but not limited to, this project must be designed to provide interconnection to the property located to the southeast of this site because it is controlled by the same property owner. The developer, or assigns of this project, must assure that any such shared access or interconnection will be utilized and accommodate the perpetual use of such access by incorporating appropriate language into the development covenants or plats. L. The developer shall provide a 10 foot shared use path along either the east, or west side of the westerly property line of the development in accordance with recognized standards and safe practices, as determined by the Collier County Transportation Staff. VI-4 P:\2002\02-0J5J.OJ Bristol Pines PUD\0002 Rezoning\Bristol Pines-PUD-V6.0.doc ..~~ . ,~,".,.~-<,._._~,~",.._.__..' ---'-.--... -~_.,.- " '.". - .'-- .-.~. _:@#J I "-"- i M. To assure maximum safety and mobility along the CR 951 corridor and to achieve maxImum access potential for individual properties, Transportation Staff recommends that the petitioner of this development must pursue a mutual agreement with neighboring property owners to gain access via Tree Farm Road. Furthermore, Transportation Staff will support a full median opening at the intersection ofCR 951 and Tree Farm Road or nearby alternate location provided the adjoining property owners agree to dedicate the necessary right-of-way and construct Tree Farm Road in accordance with county standards from the east side of the canal to the east line of Mr. Posch property, which is identified as Folio Number 00205400007. This dedication also assumes that the 40-foot dedication from the Nicaea Academy PUD will be part of the dedication for the entire length of the southern line of that property. 6.7 WATER MANAGEMENT The development of this RPUD Master Development Plan shall be subject to and governed by the following conditions: A. Detailed paving, grading and site drainage plans shall be submitted to Engineering Review Services for review and approval. No construction permits shall be issued unless and until Planning Services Staff grants approval of the proposed construction in accordance with the approved plans. B. An excavation permit will be required for the proposed lakes in accordance with the Collier County Land Development Code and South Florida Water Management District Rules. C. The project must obtain a Surface Water Management Permit from the South Florida Water Management Districtprior to any site development plan approval. 6.8 UTILITIES The development of this RPUD Master Development Plan shall be subject to and governed by the following conditions: A. Water distribution and sewage collection and transmission facilities to serve the project are to be designed, constructed, conveyed, owned, and maintained in accordance with Collier County Ordinance No. 97-17, as amended, and other applicable County rules and regulations. B. All customers connecting to the water distribution and sewage collection facilities will be considered to be customers of the County, and will be billed by the County in accordance with the County's established rates. C. The development will be subject to application for and conditions associated with a water and sewer availability letter from Collier County Utilities Division. VI-5 P:\2002\02-0l5\.OI Bristol Pines PUD\0002 Rezoning\Bristol Pines-PUD-V6.0.doc -^...-.. ~~-.- "8A D. Sewer availability is subject to construction and placement into service of a proposed 16" force main along Collier Boulevard. 6.9 ENVIRONMENTAL The development of this RPUD Master Development Plan shall be subject to and governed by the following conditions: A. Environmental permitting shall be in accordance with the State of Florida Environmental Resource Permit Rules, and be subject to review and approval by Environmental Services Staff. Removal of exotic vegetation shall not be counted toward mitigation for impacts to Collier County jurisdictional wetlands. B. All conservation areas shall be designated as conservation/preservation tracts or easements on all construction plans, and shall be recorded on the plat with protective covenants per, or similar to, those found in Section 704.06, of the Florida Statutes. Conservation areas shall be dedicated on the plat to the project's homeowner's association or like entity for ownership and maintenance responsibility and to Collier County with no responsibility for maintenance. C. Where possible, natural buffers shall be provided around wetlands, extending at least fifteen (15) feet landward from the edge ofthe wetland preserves in all places, and average twenty-five (25) feet from the landward edge of wetlands. Where natural buffers are not possible, structural buffers shall be provided in accordance with the State of Florida Environmental Resource Permit Rules. D. Development must comply with the guidelines and recommendations of the U.S. Fish and Wildlife Service (USF&WS) and the Florida Fish and Wildlife Conservation Commission (FFWCC) regarding potential impacts to "listed species". Where protected species are observed on site, a Habitat Management Plan for those protected species, or their habitats shall be submitted to Environmental Services Staff for review and approval prior to final site plan/construction plan approval. E. An exotic vegetation removal, monitoring, and maintenance (exotic-free) plan for the site, with emphasis on the conservation/preservation areas, shall be submitted to Environmental Services Staff for review and approval prior to final site plan/construction plan approval. This plan shall be implemented on a yearly basis at minimum, or more frequently when required to effectively control exotics, and shall include methods and a time schedule for removal of exotic vegetation from within conservation/preservation areas. . F. The RPUD shall be consistent with the environmental sections of the Collier County Growth Management Plan, Conservation and Coastal Management Element and the Collier County Land Development Code in effect at the time of final development order approval. G. All approved Agency (SFWMD, ACOE, FFWCC) permits shall be submitted prior to final Plat/Construction Plan approval. VI-6 P:\2002\02-0151.01 Bristol Pines PUD\0002 Rezoning\Bristol Pines-PUD-V6.0.doc _._--"- -~-- _.~-... -., ----~._---_.__.._.. ....~--~"-,,-----_.,-_......._---,,--"--- I 8,4 . 6.10 ACCESSORY STRUCTURES Accessory structures may be constructed simultaneously with, or following the construction of the principal structure, except for the clubhouse facilities, a construction operation/management office, and model center, which may be constructed after zoning approval. 6.11 SIGNS All signs shall be in accordance with Division 2.5 of Collier County's Land Development Code in effect at the time of Site Development Plan approval. 6.12 LANDSCAPE BUFFERS, BERMS, FENCES AND WALLS Landscape buffers, berms, fences and walls are generally permitted throughout the Bristol Pines RPUD. The following standards shall apply: A. Landscape berms may have the following maximum side slopes: 1) Grassed berms 4:1 2) Ground covered berms 3:1 B. Fence or wall maximum height: 6 feet as measured from the finished grade, a deviation from LDC Section 2.6.11.6., to allow fence/wall height to be measured from finished grade rather than existing grade, of the ground at the base of the fence or wall. For the purpose of this provision, finished grade shall be considered no greater than 18 inches above the crown elevation of the nearest existing road, unless the fence or wall is constructed on a perimeter landscape berm C. Landscape buffer p1antings may be placed both inside and outside of the fence locations, a deviation from LDC Sections 2.6.11.4.2. and 2.6.11.5. that require fences in all zoning districts to be screened from view. Where coated chain-link fence is used in the landscape buffer along the north and south property boundaries, associated with the retaining walls, landscape materials must be installed between the fence and property line, as well as interior to the fence, to achieve 80% opacity to a height of 7 feet from natural grade. D. Pedestrian sidewalks, bike paths, water management facilities and structures may be allowed in landscape buffer areas, provided that the landscape buffer area is increased by an equivalent width. 6.13 LANDSCAPING FOR OFF-STREET PARKING AREAS All landscaping for off-street parking areas shall be in accordance with Division 2.4 of the Collier County Land Development Code in effect at the time of building permit application. VI-7 P:\2002\02-0l51.0l Bristol Pines PUm0002 Rezoning\Bristol Pines-PUD-V6.0.doc ~'--.. . 84 6.14 POLLING PLACES i .'1 '<1 . I~~ Pursuant to Section 2.6.30 of the Land Development Code, provision shall be made for the ~ future use of building space within -common areas for the purposes of accommodating the function of an electoral polling place, only if requested by the Supervisor of Elections. An Agreement between the Developer and the Supervisor of Elections for the provision of polling places shall be recorded in the official records of the Clerk of the Circuit Court of Collier County, which shall be binding upon any and all successors in interest that acquire ownership of such common areas including homeowners' associations. . VI-8 P :\2002\02-0 151.0 1 Bristol Pines PUD\0002 Rezoning\Bristol Pines-PUD- V 6.0.doc --...... ....._- -- ~ . ~=~n oC=~==~=~C~=~i~~ " ~~~! :~~~~~~~ ~c~. ~ ~ ~ I I- 8A ~~~~ ~~~~~~~~~~~~:M~~ , . lA~Z -ug~ UU-:<<i!= ~ ~rr'l;t: n ~~O: ~ ~ ~io~~o~~9~ a iPf. 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Ii g ~ ~ ~ ~ "'TII ~,~p ~; 8~ ~:;o a ~I I ~ Ie ~ t I; ~ ~ ~ 5i ~ it: ", I .1 Ii ~~ u > I I '" I ~ U Iqi j i >! I ~ ,~i ~ I I i ~ ~1/~~~" ~~ __ I "'I - =========== -- I ~ lii~!1 ~~ f',) -')0,) (0 CD 0 b em ~ I i ~~ ~ g zz~z~ Ie I ;!'lCl~~ ~Q I I I I G') ~;; ~>>>~ :::::----.... !l;;-.- I c: n n n ~j U ~~: I ~ ::O::zll;:::a ::0 ~ I ~q J'T'I ~ l'?\'" "I- lJ') (n (IJ V) ~ i ~i ~ ~ ..... I q~ >.~ 0 % ~ :- :- : -: . :- " ~-: -: '. . . . : : : :: : s ~ H 1/ i i~ . ~ . . . -q, . . . . .. . . . . . . .. . . . . I s: I ~ . ~ ........'... !,' . . . . . . . - . - 2 - ~ bl....llnl.sul.ZllrL....D (CJ3d(Tl3IOONo) II 3llnnllOlllOl 'Y EXHIBIT "A" -,..--.-- --....----------.----..-- A.lo~ 5i'Ci TlO7: 01~ C!.lD<T, Mal!:..'" R"R'IA'C. Engineo<s,Sumyors&M.ppas ?L..,z::x;::. ~, ~ ~ WA1fRVII;<\Y5 JOINT VcN1VRC IV r3RISra PINt5 ~- """" 02-o71.Q {....Ie::;. ~~ Dl.4w;.;. 7ln-" RPut? }\4.A.51"t::R Pl.-AN ~,IV.~ -'.:s. ...IL... Y Y...!.... ...IL PJannen, Projc", M.nagrn "rr.r~ ,.mar. .e\'..f n.f!a:Jf/.J:'~,"'"f!;?!~OM C:;:;~.5.: fTV,\!5? ,>;(.A1oJ-\':1.}t; ~1Ov.'l~DoWt.suo.:PC_..........Foooo-.3-Il~ rn.)_1J(:.F.u:PJ.....1'II'i 2 g' "i (I}'L"oJ "-'-- "....----.--.,.--..-. .._,'._---,-.. .--..-. .....~._.- . . -~~_.__.- -_.." ---.--. APPENDIX "AU , TYPICAL CROSS SECTIONS ') l) 4 . I., .~' I \\ ... I --~ ~ .t " I I ~ I I ~~ I I I ~q ~:; ~ I I ~" ~.. I n I Q:;i I c I ?(l; I I I I .f: ~ I I I ~~;:~ I I ~;:~ I ~ I ni-l% I Ii> I li~~~ c I. ~ I lE~O~ I I !i!;;!"~ I I -I; ""~~ I I I '~ I " ... ~ I ::0 :< I ~~ ~ I ~ liq ~ I " i! I )> " n-< i!l ~ I I I"l)> I; ~ I I <iJi z::o ~ I ~ ;"~ -10 ~. I ;l~" dO I ;J;;gg! ~~ ~ I I is I"lc;) % I I"l I r'1 "~ I % ~~ I ! ~ I ~ 3 I. I I I I I I I ~ ~~ I % I c I I I ~~ ~ I .. I I ~ ~~ I ~I~ I " c I - -~ I ~ . I I a n I c:" I ~;~ %<> I ~% T I q " ... 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'''''''_." ~_---;. : .__ ~. . --- " '--" - '., .. ---:;:;;-- ", -- , 1- -.~ u;:O:;i'ji '.'- .';,,_""_~= , . ii ~l' N,I "::,it M 7 ~ f7" ~'''1 I-~~~~ ~.~\ :.-- ----- . - !;! ,!, Nl<i:1 ~ _ J<iUJJ SlS', f:" ffi ~-<,;. r::orn."" . '" J "---- /____ __ __ I "",. I ,= 'I' ___ _____...._ . ;..' . . 8,4 ~ R 26 E 1 , H~IT)'G" SAY ,cilAi'lNA MJRASOL 16 15 14- 13 DA VINCI EST AlES IN eYE mRm MIRASDL HERITAGE BAY U) U') 21 22 23 24- aLOE CYPRESS CO CO ~ ~ 8 OUlDOOR w ~ RESORTS > -' RICHLANO 0 w Of NAPLES (J '" VI ::> f- iE :5 .... 7 25 J:lERIT AGE RIG^S GREENS INDIGO L^KES BRITTANY B^O( APART\AEH1S NICAEA ACADEMY . ISLANOWALK DRI 33 36 VANDERBILT ,BEAQ-J ROAD MISSlON CH\JRCH PRC&1.i 0 0 rr -- .... ~_... 0:.' -< -< > (fj > ::I' ::I tn 5 5 m LD 4- ' 3 .2 1 ~ GOLDEN GATE ESTATES '" GOLDEN GATE ESTATES GOLDEN GATE ES,A TES GOLDEN GATE w co ESTATES UNIT 2 d UNIT 3 UNIT 6 m S UNIT 95 m () ~ ~, GOlDEN GAlE BOUlEVARD l- f- R 26 E I DATE: CLIENT: lllY -All'C . JULY; 2002 WATERWAYS AT . .. / Engineers, r /s(;;>1..2 HiBiSCUS, LTD" '1 -- N_l.~_ I CONSDL.L I NG SU!.-ve.yors &l\1app~s, , [""'lc. -L '-- 't' Y L ..L Plauners, Pwject M2l1agcrs rDRAWi~ ~:~ IJI_:...... BRISTOL PENES PUD u.n.,I\). J::::::CKE:D 9Y: I VICIN7Y r",'tAP 3050 Nor-Iii Hor:sesno= DrNa, Suits 270 I I Naple$, riorida 3-4'\ 04 I ~~~~~J~~~)~~~6~~S I <~-. (\';'P: RG~: ) ,~KO..)E':'i 0"" M ~ - r:1 I SH;--' 1 1 I;I'-~ ?C'-'VCi1 '!In. ,",~l --_. 26E j NUM8ER: . 35 4es .L-U I;) I..J ,I~UMBER: 0;:- NU' ,--,.. jJ~L". -'.- 1 _L.~~- t ' Mb::..K::- - ~ .~. -_.-.-",._._-~--~~ --, ,~-_.., .....-"..------..,.-"'--... . . . .. , 0 < g :z: 0 l- (/) " :z: NAPLES-IMMC4CALEE ROACl (C.R. 846) 5' :J NAPLES-IMMOKALEE ROAD (C.R. 845) =<' lAUREL OAK GULF COAST @) ELEMEi'lTARY SCHOOL HIGH SCHOOL vi NORTH COUNTY REGIONAlI @) @) ;=; WATER IREATMEi'IT F AGILITY ~ 0 r- OAK RIDGE 0:; :s; MIDDLE SCHOOL -' " :z: @ =< :z:~ '" /BRISTOL a:: :J~ (/) PINES >- -,'" --< ::>. 0 :;; ll.'" Z <( 1'-' ;0 ~ I-~ '" 0 0 ". l- ll. " @ a:: :;;: b VANDERBILT BEACH c:: . VANDERBILT BEACH ROAD EXT. <( > w 3 '" Cl '" '" w <( :J GOL.DEII GATE FIRE > -' ':J 0 CONTROL & RESCUE :::> Q DISTRICT STATION 71 0 " GOL.DEN GATE BOULEVARD @ <( m 0 :z: ;0 '" <( 01 '-' :z: " ci ,., 0 -' .... 0 :z: :g -< j ff :z: 5' ::J PINE RIDGE ROAD (C.R. B98) PINE RIDGE ROAD EXT.(C.R. B96) WHITE BOULEVARD d -' '" "' , G-t ...... I S GREEN BOULEVARD w I- ~ :;;: 0 If> 0 <( ffi '" vi " .... ~ 2- '" ~ w DISTRICT #2 :z: -' 0 ::> GOLDEN GATE -' I- 0 SUBSTATION =< (/) '" @ c:: '" ,.. ;::; :z: <( 'b'bbl ~ 5' '" :;; ci :J <( '1-' r,'t--!. <( '" :;; 3 '" ~. . (y""-t;.'t-. ~ <( &;" '1-*' (C.R. BB6) '" G 'It' GA TE P ARKWA Cl <( 0 '" " C> <( " 7 '" @ COLUER COUNTY WATER-SEWER DISTRICT ::: :z: SOUTH WATER TREATMENT FACIUlY ::> 0 <:;TA ll. l- I lI) .... e> '" :z: COLLIER COUNTY 0 5' ll. :J LANDFILL @ "" :;;: RADIO ROAD (C.R. B56) Feb OS, 2003 - 09:30:18 .0:\2002 projects\ 02-.0151.07 Bristol Pines .oUD\OOO:S Rezoning Appiicotion Support\Pubiic Fociliti..s\20751X02.dwg DATE: CLIENT: BRISTOL P I f~ ES PUD U W 1 KC EDgmec~, FEB., 2003 S~ .J'US CONSUL.!.." c0G Slli."eyo~&lv.[2.pp<:rs, DRAWN ~~ TIT: i=": PUBLIC ::-L011 ITIFS !\kA P -2- LT. T...L .JIL Pj=~s, Project: M~ers' A.S. I I \V._ ._ j- 3050 North Hcrs2shoe Drive, Suit,: Z70 C:-!EG.'(i::D :3'i': EXHIBiT E NaDi~$. Florida 34104- DJ.Li-J. Phcm:: "i2391 045-1505 I <'C, ToNF; ?'''2 I Pi<OJECT 0 " 0 1 ;-- 1 0 1; SHEET i 1 IF:; ;:- ,-,,';-- ~ V ,.j F:..:x: (229) "~':;"7c-36 '-- 4BS ? 5F ! NU~~5S":: L ~ ;:). I NUMBS: OF NU;-:",o-:>.L 01 ;:) I /,,0 L] - --j . .'~~-"- I ._-~. --.--. .-- ~_.- --~ 4 AGREEMENT AUTHORIZING AFFORDABLE HOUSING BA DENSITY BONUS AND IMPOSING COVENANTS AND RESTRICTIONS ON REAL PROPERTY THIS AGREEMENT is made as of the day of , 2004, by and between Waterways Joint Venture IV. a Florida oeneral partnership (the "Developer") and the Collier County Board of County Commissioners (the "Commission"), collectively, the "Parties." RECITALS: A. The Developer owns a tract of real property described in Exhibit "A" attached hereto and incorporated herein (The "Property"), It is the Developer's intent to construct a maximum of one hundred fifty nine (159) residential units (the "Units") at a density of 6.98 units per gross acre on the Property, The gross acreage of Property is 22.77 acres. The number of affordable Units constructed by Developer shall be 16, representing 10.06 percent of the total number of residential Units in the development. B. In order to construct the Units, the Developer must obtain a density bonus from the Commission for the Property as provided for in the Collier County Affordable Housing Density Bonus Ordinance No. 90-89, now codified by Ordinance 93-89, S 3, as Land Development Code (LDC) S 2.7.7. et seq., which density bonus can only be granted by the Commission and utilized by the Developer in accordance with the strict limitations and applicability of said provisions. C. The Commission is willing to grant a density bonus to the Developer authorizing the construction of sixty eiaht (68) bonus Units on the Property, if the Developer agrees to construct affordable Units as specified in this Agreement. NOW, THEREFORE, in consideration of the approval and granting of the density bonus of three (3) units per acre requested by the Developer and the benefits conferred thereby on the Property, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Developer and the Commission hereby covenant and agree as follows: 1. Recitals. The above Recitals are true and correct and are incorporated herein by reference. 2. Developer AQreements. The Developer hereby agrees that it shall construct sixteen (16) affordable Units which Units shall be sold in accordance with the terms and conditions of this Agreement and as specified by the attached Appendices A & B, Exhibits A, B, & C, and Appendix C, which Appendices are incorporated by reference herein and which constitute a part of this Agreement. Page 1 of 20 _ _ ____._.. ____c__.___n ~. -~., ..-- i BA a. The following provisions shall be applicable to the affordable Units: (1) Defined terms: In the event of a conflict between terms as defined in the LDC or in Ordinance No. 90-89, Section 4, the definitions of the LDC will control when applying or interpreting this Agreement. In addition to these defined terms and the applicability of LDC ~ 2.7.7.4.5., "Phasing" shall mean (a) the phased construction of buildings or structures in separate and distinct stages as shown on a PUD master plan, subdivision master plan or site development plan; or (b) in developments where phased construction is not depicted on a PUD master plan, subdivision master plan or site development plan, the construction of buildings or structures in a clearly defined series of starts and finishes that are separate and distinct within the development. (2) Median Income. For the purposes of this Agreement, the median income of the area as defined by the U.S. Department of Housing and Urban Development (HUD) shall be the then current median income for the Naples Metropolitan Statistical Area, established periodically by HUD and published in the Federal Register, as adjusted for family size as shown on the tables attached hereto as Appendix A. Exhibit C, which Exhibit shall be adjusted from time to time in accordance with any adjustments that are authorized by HUD or any successor agency. In the event that HUD ceases to publish an established median income as aforesaid, the Parties hereto shall mutually agree to another reasonable and comparable method of computing adjustments in median income. (3) EliQibilitv and Qualification of Owner. Family income eligibility is a three-step process: 1) submittal of an application by a prospective Owner; 2) verification of family housing unit provided under the affordable housing density bonus program prior to being qualified at the appropriate level of income (moderate income) in accordance with this Section; 3) certification of eligible Owner by the Financial Administration and Housing Department. The Developer shall be responsible for qualifying Owners by accepting applications, verifying income and obtaining income certification for all affordable units in the subject development. All applications, forms and other documentation required by this Agreement shall be provided to the Financial Administration and Housing Department. Qualification by the Developer of any persons as an eligible Owner family shall be subject to review and approval in accordance with the monitoring and enforcement program created and adopted by Resolution of the Commission in LDC ~~ 2.7.7.5. and 2.7.7.6., respectively. (a) Application. A potential owner shall apply to the developer, owner, manager, or agent to qualify as a low income family for the purpose of owning and occupying an affordable housing unit pursuant to the affordable housing density bonus Page 2 of 20 -',--,--_._-<<^'-^ ...'.<-,- -- program. The Preliminary Application for Affordable Housing Unit shall be provided by 8A the Financial Administration and Housing Department as shown in Appendix 8, Exhibit A, attached to this Agreement and incorporated by reference herein. (b) Income Verification and Certification. No affordable housing Unit in the development shall be sold whose household income has not been verified and certified in accordance with this Agreement and LDC 9 2.7.7.5.2. (c) Income Verification. The Developer shall obtain written verification from the potential occupant (including the entire household) to verify all regular sources of income (including the entire household). The most recent year's federal income tax return for the potential occupants (including the entire household) may be used for the purpose of income verification, attached to the Affordable Housing Applicant Income Verification form, including a statement to release information, occupant verification of the return, and a signature block with the date of application. The verification shall be valid for up to one hundred eighty (180) days prior to occupancy. Upon expiration of the 180 day period, the information may be verbally updated from the original sources for an additional 30 days, provided it has been documented by the person preparing the original verification. After this time, a new verification form must be completed. The Affordable Housing Applicant Income Verification form shall be provided by the Financial Administration and Housing Department as shown in Appendix 8, Exhibit 8, attached to this Agreement and incorporated by reference herein. (d) Income Certification. Upon receipt of the Preliminary Application for Affordable Housing Unit and Affordable Housing Applicant Income Verification form, the Developer shall require than an income certification form be executed by the potential occupant (including the entire household) prior to occupancy of the affordable housing unit by the occupant. Income certification shall assure that the potential occupant has an appropriate household income which qualifies the potential occupant as an eligible family to occupy an affordable housing unit under the affordable housing density bonus program. The Affordable Housing Applicant Income Certification form shall be provided by the Financial Administration and Housing Department as shown in Appendix 8, Exhibit C, is attached to this Agreement and is incorporated by reference herein. Random inspection of files containing required documentation to verify occupancy in accordance with this Agreement and LDC 92.7.7., may be conducted by the Financial Administration and Housing Department upon reasonable notice. (4) Annual ProQress and Monitorina Report. The Developer shall provide the Financial Administration and Housing Department an annual progress and monitoring report regarding the delivery of affordable housing units throughout the period of their construction and occupancy. The annual progress and monitoring report shall, at a Page 3 of 20 .._~---- --~_.__._-~----_.'-,- ~--_.__.- minimum, provide any information reasonably required to insure compliance with LDC ~ 8/-i 2.7.7., or subsequent amendments thereto. The report shall be filed on or before September 30 of each year and the report shall be submitted by the Developer to the Financial Administration and Housing Department. Failure to complete and submit the monitoring report to the Financial Administration and Housing Department within sixty (60) days from the due date shall result in a penalty of up to fifty dollars ($50.00) per day unless a written extension not to exceed thirty (30) days is requested prior to expiration of the sixty (60) day submission deadline. No more than one such extension may be granted in a single year. (5) Occupancy Restrictions. No Affordable Unit in any building or structure on the Property shall be occupied by the Developer, any person related to or affiliated with the Developer, or by a resident manager. 3. Density Bonus. The Commission hereby acknowledges that the Developer has met all required conditions to qualify for a density bonus, in addition to the base residential density of four (4) units per acre, and is therefore granted a density bonus of three (3) density bonus units per acre, for a total density (total = density bonus units per acre X gross acreage) of seven (7) units/ac, pursuant to LDC ~ 2.7.7. The Commission further agrees that the Developer may construct thereon, in the aggregate a maximum number of one hundred fifty nine (159) units on the Property provided the Developer is able to secure building permit(s) from Collier County. 4. Commission Aqreement. During the term of this Agreement, the Commission acting through the Financial Administration and Housing Department or its successor(s) covenants and agrees to prepare and make available to the Developer any general information that it possesses regarding income limitations and restrictions which are applicable to the affordable Unit. 5. Violations and Enforcement a. Violations. It shall be a violation of this Agreement and LDC ~ 2.7.7. to sell or occupy, or attempt to sell or occupy, an affordable housing unit provided under the affordable housing density bonus program except as specifically permitted by the terms of this Agreement; or to knowingly give false or misleading information with respect to any information required or requested by the Financial Administration and Housing Department or by any other persons pursuant to the authority which is delegated to them by LDC ~ 2.7.7. Collier County or its designee shall have full power to enforce the terms of this Agreement. The method of enforcement for a breach or violation of this Agreement shall be at the option of the Commission by criminal enforcement pursuant to the provisions of Section 125.69, Florida Statutes, or by civil enforcement as allowed by law. Page 4 of 20 ~" ~H - "._-~ _.._-----~ t:) A b. Notice of Violation for Code Enforcement Board Proceedinos. () Whenever it is determined that there is a violation of this Agreement or of LDC S 2.7.7., J that should be enforced before the Code Enforcement Board, then a Notice of Violation shall be issued and sent by the appropriate department by certified return-receipt requested U.S. Mail, or hand-delivery to the person or developer in violation. The Notice of Violation shall comply with the requirements for such Notices. c. Certificate of Occupancy. In the event that the Developer fails to maintain the affordable units in accordance with this Agreement or LDC S 2.7.7., as amended, at the option of the Commission, building permits or certificates of occupancy, as applicable, may be withheld for any future planned or otherwise approved unit located or to be located upon the Property until the entire project is in full compliance with this Agreement and with LDC S 2.7.7., as amended. 6. Assionment by Commission. The Commission may assign all or part of its obligations under this Agreement to any other public agency having jurisdiction over the Property provided that it gives the Developer thirty (30) days advance written notice thereof. The Developer may not assign, delegate or otherwise transfer all or part of its duties, obligations, or promises under this Agreement to any successor in interest to the Property without the express written consent of the Commission, which consent may be withheld for any reason whatsoever. Any attempt to assign the duties, obligations, or promises under this Agreement to any successor in interest to the Property without the express written consent of the Commission as required by this Section shall be void ab initio. 7. Severability. If any section, phrase, sentence or portion of this Agreement is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision, and all other provisions shall remain effective and binding on the Parties. 8. Notice. Any notices desired or required to be given under this Agreement shall be in writing and shall either be personally delivered or shall be sent by mail, postage prepaid, to the Parties at the following addresses: To the Commission: Collier County Financial Administration and Housing Department 2800 North Horseshoe Drive Naples, Florida 34104 To the Developer: Waterways Joint Venture IV 914 Grand Rapids Boulevard Naples, Florida 34120 Attention: Richard Davenport Page 5 of 20 ..- u__, With copy to: Richard D. Yovanovich, Esquire BA Goodlette, Coleman & Johnson, P.A. 4001 North Tamiami Trail, Suite 300 Naples, Florida 34103 Any Party may change the address to which notices are to be sent by notifying the other Party of such new address in the manner set forth above. 9. Authority to Monitor. The Parties hereto acknowledge that the Collier County Financial Administration and Housing Department or its designee, shall have the authority to monitor and enforce the Developer's obligations hereunder. 10. Indemnify. The Developer hereby agrees to protect, defend, indemnify and hold Collier County and its officers, employees, and agents harmless from and against any and all claims, penalties, damages, losses and expenses, professional fees, including, without limitation, reasonable attorney's fees and all costs of litigation and judgments arising out of any claim, willful misconduct or negligent act, error or omission, or liability of any kind made by Developer, its agents or employees, arising out of or incidental to the performance of this Agreement. 11. Covenants. The Developer agrees that all of its obligations hereunder shall constitute covenants, restrictions, and conditions which shall run with the land and shall be binding upon the Property and against every person then having any ownership interest at any time and from time to time until this Agreement is terminated in accordance with Section 14 below. However, the Parties agree that if Developer transfers or conveys the Property to another person or entity, Developer shall have no further obligation hereunder and any person seeking to enforce the terms hereof shall look solely to Developer's successor in interest for the performance of said obligations. 12. Recordino. This Agreement shall be recorded at Developer's expense in the official records of Collier County, Florida. 13. Entire Aoreement. The Parties hereto agree that this Agreement constitutes the entire Agreement between the Parties hereto and shall inure to and be binding upon their respective heirs, successors, and assigns. 14. Termination. Each affordable housing unit shall be restricted to remain and be maintained as the required affordable housing as provided in the LDC 92.7.7.4.1.9. 15. Modification. This Agreement shall be modified or amended only by the written agreement of both Parties. 16. Discrimination. a. The Developer agrees that neither it nor its agents shall discriminate against any owner or potential owner because of said owners race, color, religion, sex, national origin, familial status, or handicap. Page 6 of 20 .-..-.-'" b. When the Developer advertises, sells or maintains the affordable BA housing unit, it must advertise sell, and maintain the same in a non-discriminatory . ',' manner and shall make available any relevant information to any person who is "" interested in purchasing such affordable housing unit. c. The Developer agrees to be responsible for payment of any real estate commissions and fees for which it is liable in the purchase and sale of affordable units. e. The affordable housing units shall be intermixed with, and not segregated from, the market rate dwelling units in the development. f. The square footage, construction and design of the affordable housing units shall be the same as market rate dwelling units in the development. All physical amenities in the dwelling units, as described in item number seven (7) of the Developer Application for Affordable Housing Density Bonus shall be the same for market rate units and affordable units. For developments where construction takes place in more than one phase, all physical amenities as described in item number seven (7) of the Developer Application for Affordable Housing Density Bonus shall be the same in both the market rate units and the affordable units in each phase. Units in a subsequent phase may contain different amenities than units in a previous phase so long as the amenities for market rate units and affordable units are the same within each phase and provided that in no event may a market rate unit or affordable unit in any phase contain physical amenities less than those described in the Developer Application. 17. Phasino. The percentage of affordable housing units to which the Developer has committed for the total development shall be maintained in each phase and shall be constructed as part of each phase of the development on the Property. Developer commits to 1Q percent affordable housing units for this project, with 10 percent of the units in each phase as built consisting of affordable units. 18. Disclosure. The developer shall not disclose to persons, other than the potential buyer or lender of the particular affordable housing unit or units, which units in the development are designated as affordable housing units. 19. Consistency. This Agreement and authorized development shall be consistent with the Growth Management Plan and land development regulations of Collier County that are in effect at the time of development. Subsequently adopted laws and policies shall apply to this Agreement and to the development to the extent that they are not in conflict with the number, type of affordable housing units and the amount of affordable housing density bonus approved for the development. Page 7 of 20 ~....-_.._.- - .._._~ 20. Affordable HousinQ Densitv Bonus Development Aqreement. This Agreement is a distinct and separate agreement from "development agreements" as 8A defined by Section 163.3220, Fla. Stat., as amended. 21. Preapplication. Developer has executed and submitted to the Development Services Department the Developer Application for Affordable Housing Density Bonus, a copy of which is attached to this Agreement as Appendix C and incorporated by reference herein. 22. GoverninQ Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. 23. Further Assurances. The Parties hereto shall execute and deliver, in recordable form if necessary, any and all documents, certificates, instruments, and agreements which may be reasonably required in order to effectuate the intent of the Agreement. Such documents shall include but not be limited to any document requested by the Developer to exhibit that this Agreement has terminated in accordance with the provisions of paragraph 14 above. IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed as of the day and year first above written. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Deputy Clerk By: Donna Fiala, Chairman Patrick G. ite Assistant County Attorney Page 8 of 20 ~-,---,_._-_._,._-,."------- .----_.. --..,...-.-.---....----.-.--,. -"-"-'--'--~~--- ~ BA DEVELOPER: WATERWAYS JOINT VENTURE IV, a Florida general partnership By: Waterways at Hibiscus, Ltd., a Florida limited partnership Witnesses: its general partner By: Waterways Development, Inc. Witness a Florida corporation Printed Name its General Partner By: Witness Richard Davenport, President Printed Name STATE OF FLORIDA ) COUNTY OF COLLIER ) The foregoing Agreement Authorizing Affordable Housing Density Bonus And Imposing Covenants And Restrictions On Real Property was acknowledged before me by Richard Davenport as President of Waterways Development, Inc. general partner of Waterways at Hibiscus, Ltd., general partner of Waterways Joint Venture IV, who is personally known to me or has produced as identification. WITNESS my hand and official seal this day of 2004. Notary Public My Commission Expires: Page 9 of 20 APPENDIX A. EXHIBIT A 8A NUMBER OF AFFORDABLE HOUSING UNITS/MONTHL Y BASE RENTS J~ NUMBER OF UNITS BASE RENT Single Multi Single Multi Family Family Family Family LOW INCOME (60% MI) Efficiency - - - I Bedroom - - - 2 Bedroom - - - 3 Bedroom - ~ - 4 Bedroom - - - TOTAL 16 - VERY LOW INCOME (50% MI) Efficiency - - - 1 Bedroom - - - 2 Bedroom - - - 3 Bedroom - - - 4 Bedroom - - - TOTAL - - VERY-VERY LOW INCOME (25%-50% MI) Efficiency - - - I Bedroom - - - 2 Bedroom - - - 3 Bedroom - - - 4 Bedroom - - - TOTAL - - (I) Base residential density allowed in this development 4 units/acre. (2) Gross acreage 22.77 (3) Maximum number of affordable housing density bonus units allowed in this development pursuant to Section 7 Ordinance 90-89. ~ units/acres. (4) Gross residential density of this development (including affordable housing density bonus units) 6.98 units/acre. (5) Percentage of affordable units pledged by the developer (as a percent of the total number units in the development) 10.06 %. (6) The initial sales price and any subsequent sales price within these fifteen (IS) years for any affordable housing unit may not exceed the maximum home sales price set by the Florida Housing Finance Corporation and adopted by the Collier County Board of County Commissioners in the Collier County Local Housing Assistance Plan. Page 10 of 20 APPENDIX A. EXHIBIT B AFFORDABLE HOUSING DENSITY BONUS RATING SYSTEM ~ 8Ch !j il LDC ~ 2.7.7.3., provides for calculation of a density bonus for developers pledging to construct affordable units within their development. Included in this Exhibit B are instructions for and the tables with which to calculate the density bonus for a particular project. Exhibit C contains the current median income and acceptable rents for low and very low income households in Collier County. The affordable housing density bonus rating system shall be used to determine the amount of the affordable housing density bonus which may be granted for a development based on household income level, number of bedrooms per affordable housing unit, type of affordable housing units (owner-occupied or rental, single-family or multi-family) and percentage of affordable housing units in the development. To use the affordable housing density bonus rating system, Tables A and B, below, shall be used. Tables A and B shall be reviewed and updated if necessary on an annual basis by the Board of County Commissioners or its designee. First, choose the household income level (moderate, low, or very low) of the affordable housing unites) proposed in the development, and the type of affordable housing units (owner-occupied or rental, single-family or multi-family, where applicable) to be provided, as shown in Table A. Then, referring again to Table A, choose the number of bedrooms proposed for the affordable housing unites). An affordable housing density bonus rating based on the household income level and the number of bedrooms is shown in Table A. After the affordable housing density bonus rating has been determined in Table A, locate it in Table B, and determine the percent of that type of affordable housing unit proposed in the development compared to the total number of dwelling units in the development. From this determination, Table B will indicate the maximum number of residential dwelling units per gross acre that may be added to the base density. These additional residential dwelling units per gross acre are the maximum affordable housing density bonus (AHDB) available to that development. Developments with percentages of affordable housing units which fall in between the percentages shown on Table B shall receive an affordable housing density bonus equal the lower of the two percentages it lies between plus 1/lOth of a residential dwelling unit per gross acre for each additional percentage of affordable housing rental units in the development. For example, a development which has 24% of its total residential dwelling units as affordable housing units, and which has an affordable housing density bonus rating of "four" will receive an affordable housing density bonus (AHDB) of 4.4 residential dwelling units per gross acre for the development. Where more than one type of affordable housing unit (based on level of income and number of bedrooms shown in Table A) is proposed for a development, the affordable housing density bonus for each type shall be calculated separately in Table B. After the affordable housing density bonus calculations for each type of affordable housing unit have been completed in Table B, the affordable housing density bonus for each type of unit shall be added to those for the other type(s) to determine the maximum affordable housing density bonus available for the development. In no event shall the affordable housing density bonus exceed eight (8) dwelling units per gross acre. Page 11 of 20 --.." , "-'-"--,," APPENDIX A. EXHIBIT B AFFORDABLE HOUSING DENSITY BONUS RATING SYSTEM Please calculate your density bonus in the space provided below. Attach additional pages if 8A :t necessary. TABLE A: AFFORDABLE HOUSING DENSITY BONUS RATING LEVEL NUMBER OF BEDROOMSIUNIT OF HOUSEHOLD INCOME EFFICIENCY 2 3 OR AND I - MORE MODERA TE (OWNER-OCCUPIED, 0 1* 1* SINGLE-F AMlL Y) LOW (OWNER-OCCUPIED OR RENTAL 2 3 4 SINGLE-FAMIL Y OR MULTI- F AMIL Y) VERY LOW (OWNER OCCUPIED OR RENTAL, SINGLE-FAMILY OR MUL TI-F AMIL Y) 3 4 5 *For cluster housing developments in the Urban Coastal Fringe, add 1 density bonus to obtain 2. TABLE B: AFFORDABLE HOUSING DENSITY BONUS (ADDITIONAL A V AILABLE DWELLING UNITS PER GROSS ACRE) AFFORDABLE HOUSING % OF AFFORDABLE HOUSING UNITS DENSITY BONUS RATING 10% 20% 30% 40% 1 0 0 1 2 2 0 1 2 3 3 2 3 4 5 4 3 4 5 7 5 4 5 7 8 Page 12 of 20 ,..._~.. ____no. -- ,-,_.._-'..,_.~' -- ,---.. APPENDIX A. EXHIBIT C 8A r": .' INCOME AND RENT LEVELS FOR THE LOW AND MODERATE INCOME. Pursuant to the Impact Fee Ordinances, adopted by the Board of County Commissioners, December 16, 1992, moderate income is 61 % to 80% of the median income, low income is 51 % to 60% of the median income and very low income is less than 50% of the median income. MEDIAN INCOME 2001 $65,000 Naples, MSA (Collier County) NUMBER OF MEMBERS IN F AMIL Y ! ~ J :! ~ ~ 1 l! 100% 45,500 52,000 58,500 65,000 70,200 75,400 80,600 85,800 80% 36,400 41,600 46,800 52,000 56,150 60,300 64,500 68,650 60% 27,300 31,200 35,100 39,000 42,100 45,200 48,400 51,500 50% 22,750 26,000 29,250 32,500 35,100 37,700 40,300 42,900 35% 15,925 18,200 20,475 22,750 24,570 26,390 28,210 30,030 25% 11,375 13,000 14,625 16,250 17,550 18,850 20,150 21,450 RECOMMENDED RENTAL RATES The Florida Housing Finance Corporation (FHFC) calculates rents to use in the State Apartment Incentive Loan (SAIL) and the Low-Income Rental Housing Tax Credit (LlHTC) programs. The rents given below are based on 2001 data from FHFC. Utility costs are provided from the County's Section 8 Rental Assistance Program which is administered by the Collier County Housing Authority. HOUSING COSTS BASED ON 30% FAMILY INCOME ONE BEDROOM TWO BEDROOMTHREE BEDROOMFOUR BEDROOM UNIT UNIT UNIT UNIT 100% 1,218 1 ,462 1,690 1,884 80% 975 1,170 1,351 1,507 60% 731 877 1,014 1,131 50% 609 731 845 942 35% 426 511 591 659 25% 304 365 422 471 UTILITY ALLOWANCES ONE BIR TWOBIR THREE BIR FOUR BIR LOCATION UNIT UNIT UNIT UNIT Naples and Coastal Collier County 71.00 91.00 128.00 156.00 Immoka1ee and East of Everglades Blvd. 67.00 106.00 148.00 173.00 Golden Gate 96.00 144.00 186.00 211.00 YOU MUST DEDUCT UTILITIES TO CALCULATE NET RENTS. f/densitybonus/inc&rent rev. 41 Page 13 of20 _"'c.,___ _ __,~_ APPENDIX B. EXHIBIT A PRELIMINARY APPLICA nON FOR AFFORDABLE HOUSING UNIT SA Date Occupancy Desired: Date of Application: Amt. Of Sec. Deposit:_ Your Name: RaceINational Origin: Handicap: Yes _ No_ Co-Tenant Name Race/National Origin: Handicap: Yes _ No_ Present Address: Street City State Zip Telephone No. Name of Landlord How Long at this Address: Landlord's Address: Street City State Zip Telephone No. If you have resided at your present address less than 3 years, please state previous address: Street City State Zip Telephone No. Name of Previous Landlord Street City State Zip Telephone No. APPLICANT: Present Employers Name Address and Telephone No. How long with Present Employer: Job Title Gross Salary: Hourly $_ Weekly $_ Every 2 Weeks $ Monthly $ Social Security Number Birth Date --- Previous Employers Name Address and Telephone No. How long with Previous Employer Job Title CO-TENANT: Present Employers Name Address and Telephone No. How long with Present Employer: Job Title Gross Salary: Hourly $_ Weekly $_ Every 2 Weeks $ Monthly $ Social Security Number Birth Date Previous Employers Name Address and Telephone No. How long with Previous Employer Job Title NAMES OF ALL WHO WILL OCCUpy APARTMENT BIRTH DATE SEX AGE SOCIAL SECURITY I. 2. -- 3. -- -- PERSONAL REFERENCES (Not Relatives) 1. Name: Address: How Long Known: 2. Name: Address: How Long Known: Page 14 of 20 ,---~., --------.- . " SA APPENDIX B. EXHIBIT B AFFORDABLE HOUSING APPLICANT INCOME VERIFICATION Date: Applicant's Name: Social Security Number Co-Tenant's Name: : Social Security Number Present Address: Street City State Zip Telephone No, I hereby make application for a single family unit at I hereby declare and reveal all of my sources of income. I am aware that to leave out, omit or fail to report my assets or forms of income from pensions, stocks, bonds, real property rent, sale or ownership is a fraudulent act punishable by law. Knowingly falsifying information on this form is cause for refusal of occupancy. I hereby certify that this will be my permanent residence and that I have no other assisted housing. I understand that this information is for the purpose of computing my annual income to determine my qualification to buy an affordable housing unit. I understand that I am not required to surrender my ownership or rights or claimed property, pensions or capital gains, etc. Applicant Co-Occupant Amount Frequency Amount Frequency Received of Pay Received of Pay Wages/Salary $ $ $ - $ Bonuses $ $ $ - $ Tips $ $ $ - $ Commissions $ $ $ - $ Interest Income $ $ $ - $ Trust Fund Income $ $ $ $ - Unemployment $ $ $ $ Workman's Compensation $ $ $ $ Welfare $ $ $ $ - Food Stamps $ $ - $ - $ Social Security $ $ $ - $ Social Security Disability $ $ $- $ Supplemental SSI $ $ $ $ Family Assistance $ $ $ - $ Child Support $ $ $ - $ Veterans Benefits $ $ $ $ - Widows Benefits $ $ $ $ - Union Pension $ $ $ $ Self-Employment Business, - Silent Partner, etc. $ $ - $ $ Private Insurance Pension - $ $ $ - $ TOTAL ANNUAL INCOME $ $ THE VERIFICATION HERE REQUESTED MAY TAKE THE FORM OF THE MOST RECENT YEAR'S INCOME TAX RETURN FOR EACH OCCUPANT WHO HAS FILED AND WILL OCCUpy THE AFFORDABLE UNIT. THE SAME MUST BE EXECUTED FOR EACH OCCUPANT OF THE HOUSEHOLD WHO CONTRIBUTED TO THE ANNUAL HOUSEHOLD INCOME. FAILURE TO REPORT ALL SOURCES OF HOUSEHOLD INCOME WILL RESULT IN DISQUALIFICATION FOR TENANCY IN AFFORDABLE HOUSING UNIT. Page 15 of 20 --,._---,._,~.. . APPENDIX B, EXHIBIT C "SA AFFORDABLE HOUSING APPLICANT INCOME CERTIFICATION APPLICANT: Present Employer: Job Title: Address: Street City State Zip I, , hereby authorize the release of information requested (Applicant) on this certification form. Signature of Applicant STATE OF FLORIDA ) ) ss COUNTY OF COLLIER) The foregoing was acknowledged before me by Who is personally known to me or has produced as identification. Witness my hand and official seal this day of ,2004. (notary seal) Notary Public My Commission Expires: EMPLOYER CERTIFICATION Applicant's Gross Annual Income or Rate or Pay: $ Number of Hours Worked (Weekly):_. Frequency of Pay: Amount of Bonuses, Tips, or other Compensation Received: $ $ Monthly Annually Supervisor STATE OF FLORIDA ) ) ss COUNTY OF COLLIER) The foregoing was acknowledged before me by Who is personally known to me or has produced as identification. Witness my hand and official seal this day of ,2004. (notary seal) Notary Public My Commission Expires: TilE CERTIFICATION HERE REQUESTED MAY TAKE THE FORM OF THE MOST RECENT YEAR'S INCOME TAX RETURN FOR EACH OCCUPANT WHO HAS FILED AND WILL OCCUpy THE AFFORDABLE UNIT. Page 16 of 20 -,..,_._"-- _.._-~ -,_.~---_...__._...', "..-..,...--. . APPENDIX C 8A DEVELOPER APPLICATION FOR AFFORDABLE HOUSING DENSITY BONUS Pursuant to LDC ~ 2.7.7.2.4., please complete this form and submit it with any accompanying documentation to the Community Development & Environmental Services Division, 2800 North Horseshoe Drive, Naples, Florida 34104. A copy must also be provided to the Housing and Urban Improvement Department. All items requested must be provided. 1. Please state what zoning districts are proposed by the applicant, if any, on the property and the acreage of each; The Developer has made application to rezone the 22.77 acre parcel to Planned Unit Development. 2. Has an application for rezoning been requested in conjunction with the affordable housing Density bonus? X Yes No If yes, state date of application December 20. 2002. and if the request has been approved, state the Ordinance number 3. Gross density of the proposed development. 6.98 units/acre. Gross acreage of the proposed development. 22.77 acres. 4. Are affordable housing density bonus units sought in conjunction with an application for a planned unit development (PUD)? ----L Yes No. If yes, please state name and location of the PUD and any other identifying information. - Bristol Pines PUD 5. Name of applicant Waterways Joint Venture IV Name of land developer if not the same as Applicant: 6. Please complete the following tables as they apply to the proposed development. TABLE I Total Number of Units in Development Type of Owner Unit Rental Occupied Efficiency One Bedroom Two Bedroom Three Bedroom 159 Other Bedroom TOTAL 159 Page 17 of 20 ,--_.,', ,.,,---- . TABLE II Number of Affordable Housing Units 8A Total Number of Proposed Use for Affordable Units Density Bonus Units in Development Owner Owner Rental Occupied Rental Occupied MODERATE INCOME 80% MI Efficiency 1 Bedroom 2 Bedroom 3 Bedroom - Other TOTAL - LOW INCOME 60% MI Efficiency 0 1 Bedroom 0 2 Bedroom -L 3 Bedroom 16 16 Other -L TOTAL ~ VERY LOW INCOME SO%MI Efficiency ~ 1 Bedroom ~ 2 Bedroom ~ 3 Bedroom ~ Other ~ TOTAL ~ Page 18 of 20 . . . 7. Please provide a physical description of the affordable units by type of unit (moderate, low, very low income) and by number of bedrooms. Include in your description, for example, the square 8A footage of each type of unit, floor coverings used throughout the unit (carpeting, tile, vinyl flooring); J.., window treatments; appliances provided such as washer/dryer, dishwasher, stove, refrigerator; I~ bathroom amenities, such as ceiling exhaust fans; and any other amenities as applicable. Attach additional pages as Exhibit "D" if needed. All homes in Bristol Pines, including the homes reserved for moderate income purchasers, will share many common features: * Solid concrete block construction. * Durable compressed concrete tile roofs. * Desirable concrete paver driveways, walks and entries. * R-19 fiberglass insulation in all attics; R4.2 in exterior walls. * Ceramic tile flooring in all kitchens, baths, and laundry areas. * Carpet over hypoallergenic pads in living and bedroom areas. * European style kitchen cabinets with fully adjustable shelves * Complete kitchen appliances, including a microwave oven, range, refrigerator and disposal * High efficiency air conditioning with strip heat. * Fully landscaped private yards. * Dual sinks in the master bath. * Enclosed toilet/tub in the master bath. * Walk in closet for the master bedroom. * Aluminum framed windows and sliding glass doors. * Metal clad entry door with dead bolt lock. * Strong steel hurricane shutters. * Pre-wiring for cable television, telephone and a digital perimeter security alarm system. The homes reserved for low income purchasers will all be three bedroom, two bath units in four unit buildings of one story. The interior units will offer 1,241 square feet of living area and the end units are just slightly larger at 1,253 square feet of air conditioned area. Each home will be owned in fee simple by the purchaser. All of the Bristol Pine town homes will have complete yard service and periodic exterior painting provided for by the Bristol Pines Community Association. The monthly homeowner's fee will also cover the cost of basic cable television service, alarm system monitoring, maintaining the gated entry, common areas and a community clubhouse where residents and guests may swim, play tennis, volleyball, or just relax. The monthly fee has not yet been finally determined, but is anticipated to be approximately $150 per month. 8. Please supply any other information which would reasonably be needed to address this request for an affordable housing density bonus for this development. Attach additional pages.- None. Page 19 of 20 ____.M~+.~._~._... ~..~- - , , .. EXHIBIT "A" 8A t'. BRISTOL PINES - LEGAL DESCRIPTION A PART OF THE NORTHWEST QUARTER OF SECTION 35, TOWNSHIP 48 SOUTH, RANGE 26 EAST, MORE P ARTICULARL Y DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SECTION 35, TOWNSHIP 48 SOUTH, RANGE 26 EAST; THENCE ALONG THE NORTH LINE OF SAID SECTION 35, PROCEED N 89056'57" E, FOR 100.08 FEET; THENCE LEAVING SAID NORTH LINE S 02016'29" E, FOR 30.02 FEET ALONG THE EASTERLY BOUNDARY OF A 100 FOOT ACCESS EASEMENT, ALSO BEING PARALLEL WITH THE WEST LINE OF SAID SECTION 35, TO A POINT ON THE SOUTH RIGHT OF WAY OF TREE FARM ROAD AND ALSO BEING THE POINT OF BEGINNING; THENCE ALONG SAID SOUTH RIGHT OF WAY, ALSO BEING PARALLEL WITH THE NORTH LINE OF SAID SECTION 35, N 89056'57" E FOR 1552.29 FEET; THENCE LEAVING SAID SOUTH RIGHT OF WAY S 02016'25" E FOR 639.48 FEET; THENCE SOUTH 89056'32" W FOR 1552.27 FEET TO A POINT ON THE EAST LINE OF A 100 FOOT CANAL EASEMENT; THENCE ALONG SAID EAST LINE OF CANAL EASEMENT, BEING PARALLEL WITH THE WEST LINE OF SAID SECTION 35, N 02016'29" W FOR 639.67 FEET TO THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED. CONTAINING 992050.3 SQUARE FEET OR 22.8 ACRES MORE OR LESS. SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORDS. BEARINGS ARE BASED ON THE NORTH LINE OF SECTION 35, TOWNSHIP 48 SOUTH, RANGE 26 EAST, AS BEING NORTH 89056'57" EAST. Page 20 of 20 -'.>.--- ->>"--'-+-' ,---.---- t: 8A t .."11; January 23, 2004 Attn: Georgia Naples Daily News 1075 Central Avenue Naples, Florida 34102 Re: PUDZ-2002-AR-3542, Bristol Pines PUD Dear Georgia: Please advertise the above referenced notice on Sunday, February 8, 2004 and kindly send the Affidavit of Publication, in duplicate, together with charges involved, to this office. Thank you. Sincerely, Linda A. Houtzer, Deputy Clerk P.G./Account # 113-138312-649110 .-.--- ~ SA NOTICE OF INTENT TO CONSIDER ORDINANCE Notice is hereby given that on TUESDAY, February 24, 2004 in the Boardroom, 3rd Floor, Administration Building, Collier . County Government Center, 3301 East Tamiami Trail, Naples, Florida, the Board of County Commissioners will consider the enactment of a County Ordinance. The meeting will commence at 9:00 A.M. The title of the proposed Ordinance is as follows: AN ORDINANCE AMENDING ORDINANCE 91-102, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH INCLUDES THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA BY AMENDING THE OFFICIAL ZONING ATLAS MAP NUMBERED 8635N, BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM "A" TO A RESIDENTIAL PLANNED UNIT DEVELOPMENT (RUPD) DISTRICT FOR A PROJECT TO BE KNOWN AS BRISTOL PINES RPUD TO ALLOW FOR A MAXIMUM OF 159 DWELLING UNITS, TO CONSIST OF ANY COMBINATION OF SINGLE-FAMILY ATTACHED, ZERO LOT LINE, OR SINGLE-FAMILY DETACHED UNIT TYPE CONSTRUCTION, THAT WILL BE DESIGNED TO PROVIDE SIXTEEN (16) AFFORDABLE HOUSING UNITS, APPROVING AN AFFORDABLE HOUSING DENSITY BONUS AGREEMENT AUTHORIZING THE DEVELOPER TO UTILIZE AFFORDABLE HOUSING BONUS DENSITY UNITS (IN THE AMOUNT OF 68 UNITS AT 2.98 BONUS DENSITY UNITS PER ACRE) IN THE DEVELOPMENT OF THIS PROJECT LOCATED ON THE EAST SIDE OF THE ROAD, APPROXIMATELY 1 MILE SOUTH OF IHMOICALEE ROAD, AND ~ MILE NORTH OF WOLFE ROAD, IN SECTION 35, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 22.77+/- ACRES, AND BY PROVIDING AN EFFECTIVE DATE. PUDZ-2002-AR-3542, Waterways Joint Venture IV, the applicant, represented by Dwight H. Nadeau of RWA, Inc. , and Richard D. Yovanovich of Goodlette, Coleman & Johnson, P.A. , requesting: 1) Rezoning from an "A" AgricUltural zoning district to a Residential Planned Unit Development (RPUD) district for a project to be known as the Bristol pines PUD. This project proposes a maximum of 159 dwelling units (an overall density of 6.98 units per acre) , to consist of any combination of single-family attached, zero lot line, or multi-family unit type construction; and 2) Consideration and approval of an Affordable Housing Density Bonus Agreement authorizing the developer to utilize Affordable Housing Bonus Density units (in the amount of 68 units at 2.98 bonus density units per acre) i~ the development of this project for low-income residents. The 22.77+/- acre subject site is located on the east side of Collier Boulevard, (C.R. 951) , approximately 1 mile south of Immokalee Road, ~.".. r SA at 14750 Collier Boulevard in Section 35, Township 48 South, Range 26 East, Collier County Florida. Copies of the proposed Ordinance are on file with the Clerk to the Board and are available for inspection. All interested parties are invited to attend and be heard. NOTE: All persons wishing to speak on any agenda item must register with the County administrator prior to presentation of the agenda item to be addressed. Individual speakers will be limited to 5 minutes on any item. The selection of an individual to speak on behalf of an organization or group is encouraged. If recognized by the Chairman, a spokesperson for a group or organization may be allotted 10 minutes to speak on an item. Persons wishing to have written or graphic materials included in the Board agenda packets m~st submit said material a minimum of 3 weeks prior to the respective public hearing. In any case, written materials intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of seven days prior to the public hearing. All material used in presentations before the Board will become a permanent part of the record. Any person who decides to appeal a decision of the Board will need a record of the proceedings pertaining thereto and therefore, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is based. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Donna Fiala, CHAIRMAN DWIGHT E. BROCK, CLERK By: Is/Linda A. Houtzer, Deputy Clerk (SEAL) ._"._-""-"--~.... '~8A January 23, 2004 Dwight H. Nadeau RWA, Inc. 3050 N. Horseshoe Dr. suite 270 Naples, Florida 34104 Re: Notice of Public Hearing to consider petition PUDZ-2002-AR-3542 (Bristol pines PUD) Dear Mr. Nadeau: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, February 24, 2004, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, February 8, 2004 You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK Linda A. Houtzer, Deputy Clerk Enclosure -'--- --....-- ~.' SA ~,...,~: January 26, 2004 Waterways Joint Venture IV 914 Grand Rapids Blvd. Naples, FL 34120 Re: Notice of Public Hearing to consider Petition PUDZ-2002-AR-3542 (Bristol pines PUD) Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, February 24, 2004, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, February 8, 2004 You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK Linda A. Houtzer, Deputy Clerk Enclosure ~-~--- ---- Linda..:4.. :JIOutzer ~8A TO: {ieo711ia (I-mail) Suo/eet: PlI2JZ-2002-..:4.:R:J54Z 2JristolPines PlI2J .Iff'ill} jl;lt:llJ1. :P1t;tlfe t1l/'i/f'rti..re flit> a/tacliedc}jl jllmt2lY, .'FefJ'nltZry ,s; 2004- IflfOllliave lmy l/lIe.rtimz.l;j:J/Ctlfe ({,1iF 774-;'-'411. ~ ~ PUDZ-2002-AR- 354 PUDZ -2003-AR- 354 2.doc 2.doc 7/iimi/,lfOll, [illlt.~l ,:JJllnllte.r andj'<e(,(JJdJ~ 1 ~~,._<.~- Linda ..:4.. YIOutzer SA from: fostmaster@cter.€.cotllerflus Sent: Monda}h January 2~ 2004 1/.'28 AM 70: Linda ..:4.. YIOutzer Suo/ect: Veflvery Status .NOtfllcation (Retay) ~ B 'w/ ATT22815.txt PUDZ-2002-AR-354 2, Bristol Pin... '.Tlii.r ir all tlUt{)IJlllticll/lf; IF'nenzled1)ellve;y .fttllur .WiJt!l?l-tzliml. j/tllll' mc.ouIle litLr fieen .\'lI{'a>_l:!lit/~i; retaved/a l/ii:?/{)/lowil'W rec(plenh; filii flie retltl(~rtedd('/ivelY ..rla tlLr 1l()I(/lt.iZt/tJ1L\- mtzV lwlfje l/t'IU'I'tl tedfi.i; tlie dd'Jlilltllkm. l~tlt7L('(ij);lt!f1li:jJ'IU'lI'J: {'{)IJl 1 -'"----...-..-.'. 8A .Linda A. .:J-IOutzer from: System Administrator fPostmaster@nqptesnews.com] Sent: Monda}h January 26; 2004.1.1.'3.1 A:M 70: .Linda A. .:J-IOutzer Suiject: :Delivered: PlI:DZ-2002-A:R-354Z :BristolPines PlI:D B "",/ PUDZ-2002-AR-354 2, Bristol Pin... <<,Pl/ZJZ-2002-..;1:R:1..,42, :..IIrlrt()/Plne.f :}"(/D/".> Y(}flr JJU'.H'l7f7e 7(J: (J"'emilfl:l (:Fmm!J c .fu/Jlf:'C!: :P1I2JZ-2002-jl:R::':,42. l:lri.rltJ/jYlleJ' 7Ft/D .Yell!;' jW()n 26..klll 2004 //:2)-;'/2 -(~)OO was de!lvere,[!() th"e /(J/lo]J'fJItl reclpkll!(yJ: ..- "'-- ~ If"WaL); (JJl j1/(J1l, 26Jllll 2004 //.:,1.'/.9 -(~'iOO 1 "---- PUDZ-2002-AR-3542, Bristol Pines PUD Page 1 of 1 f BA Linda A. Houtzer -<~- From: legals [Iegals@naplesnews.com] Sent: Monday, January 26, 2004 2:20 PM To: Linda A. Houtzer Subject: RE: PUDZ-2002-AR-3542, Bristol Pines PUD rcvd to run feb 8 thanks georgia -----Original Message----- From: Linda A. Houtzer [mailto:Linda.Houtzer@c1erk.collier.f1.us] Sent: Monday, January 26, 2004 11:27 AM To: Georgia (E-mail) Subject: PUDZ-2002-AR-3542, Bristol Pines PUD . Hi;' IlrJ .)'-!; mn, P/i;a.fe advert/J'e tlie atftlc/i"edrJ1l jllll("~lh _'Felji~utZrlf ,s; 2{)04 !l:lfol! lim'e llny fjtle.ft/{Jnj~ plCtb'e ca/!/-"74""4j'f. <<PU DZ -2002-AR-3542. doc>> < <PU DZ -2003-AR-3542. doc>> VianI!' .lfilll, [illdtl .:At/nt/ley lllUIR~?a}rdl: 1/26/2004 "--"- Search Results Page 1 of 1 ~. SA Description. Ordinances and petitions - PUDZ-2002-AR-3542 NOTICE OF INTENT TO CONSIDER ORDINANCE Notice is hereby given that on TUESDAY, February 24, 2004 in the Boardroom, 3rd Floor, Administration Building, Collier County Government Center, 3301 East Tamiami Trail, Naples, Florida, the Board of County Commissioners will consider the enactment of a County Ordinance. The meeting will commence at 9:00 A.M. The title of the proposed Ordinance is as follows: AN ORDINANCE AMENDING ORDINANCE 91-102, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH INCLUDES THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA BY AMENDING THE OFFICIAL ZONING ATLAS MAP NUMBERED 8635N; BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM A TO A RESIDENTIAL PLANNED UNIT DEVELOPMENT (RUPD) DISTRICT FOR A PROJECT TO BE KNOWN AS BRISTOL PINES RPUD TO ALLOW FOR A MAXIMUM OF 159 DWELLING UNITS, TO CONSIST OF ANY COMBINATION OF SINGLE-FAMILY ATTACHED, ZERO LOT LINE, OR SINGLE-FAMILY DETACHED UNIT TYPE CONSTRUCTION; THAT WILL BE DESIGNED TO PROVIDE SIXTEEN (16) AFFORDABLE HOUSING UNITS; APPROVING AN AFFORDABLE HOUSING DENSITY BONUS AGREEMENT AUTHORIZING THE DEVELOPER TO UTILIZE AFFORDABLE HOUSING BONUS DENSITY UNITS (IN THE AMOUNT OF 68 UNITS AT 2.98 BONUS DENSITY UNITS PER ACRE) IN THE DEVELOPMENT OF THIS PROJECT LOCATED ON THE EAST SIDE OF THE ROAD, APPROXIMATELY 1 MILE SOUTH OF IMMOKALEE ROAD, AND MILE NORTH OF WOLFE ROAD, IN SECTION 35, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 22.77+/- ACRES; AND BY PROVIDING AN EFFECTIVE DATE. PUDZ-2002-AR-3542, waterways Joint Venture IV, the applicant, represented by Dwight H. Nadeau of RWA, Inc. , and Richard D. Yovanovich of Goodlette, Coleman & Johnson, P.A., requesting: 1)Rezoning from an A Agricultural zoning district to a Residential Planned Unit Development (RPUD) district for a project to be known as the Bristol pines PUD. This project proposes a maximum of 159 dwelling units (an overall density of 6.98 units per acre), to consist of any combination of singlefami1y attached, zero lot line, or multi-family unit type construction; and 2) Consideration and approval of an Affordable Housing Density Bonus Agreement authorizing the developer to utilize Affordable Housing Bonus Density units (in the amount of 68 units at 2.98 bonus density units per acre) in the development of this project for lowincome residents. The 22.77+/- acre subject site is located on the east side of Collier Boulevard, (C.R. 951) , approximately 1 mile south of Irnrnokalee Road, at 14750 Collier Boulevard in Section 35, Township 48 South, Range 26 East, Collier County Florida. Copies of the proposed Ordinance are on file with the Clerk to the Board and are available for inspection. All interested parties are invited to attend and be heard. NOTE: All persons wishing to speak on any agenda item must register with the County administrator prior to presentation of the agenda item to be addressed. Individual speakers will be limited to 5 minutes on any item. The selection of an individual to speak on behalf of an organization or group is encouraged. If recognized by the Chairman, a spokesperson for a group or organization may be allotted 10 minutes to speak on an item. Persons wishing to have written or graphic materials included in the Board agenda packets must submit said material a minimum of 3 weeks prior to the respective public hearing. In any case, written materials intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of seven days prior to the public hearing. All material used in presentations before the Board will become a permanent part of the record. Any person who decides to appeal a decision of the Board will need a record of the proceedings pertaining thereto and therefore, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is based. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Donna Fiala, CHAIRMAN DWIGHT E. BROCK, CLERK By: Is/Linda A. Houtzer, Deputy Clerk (SEAL) Feb. 8 No. 472352 Location. FL Date. 2/8/2004 Source. Naples Daily News http://naplesnews.abracat.com! c2/pub licnotices/results/printer .xml? &se .category. sr=sunda... 2/1 012004 '-~-----' .--.........---".. - PUDZ-2002.AR.3542 NOTICE OF INTENT TO CONSIDER ORDINANCE fIlUDZ .2002.AR.354.2.Wa- . Naples Daily News Notice Is here~ ~Iven te,ways JONentur~ N 1 FL 34102 that on TUESOA. ebru. IV, the aplll . repre. 61ng to have . y ap es, sented ~ H. Na. rllPhlc ma. gry J4. 2004 In the dftau 0 . c.. and I dedln the Aff . d ' t f P bl' t . A~~nr=:tlo~r3ufl~,or. R cllard D. Yovanovlch Bo agenda packets l aVl o. u lca lon Collier Countl Gove~~: Of Gocittf<<te. C(lleman & must submit said ma. Naples Dally News ment Center, 3301 E..tJ~hnSon. P.A..requestln- terlal a minimum of 3 _ _ _ _ _ _ _ - _ - - - _ - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - J Tamlaml Trail. Naples,. g. weeks prior to the reo Florida. the oard of ORezonlntfrOm an spectlve public hearing. In an~ case. written me.' County cammlSSloners T . AJlrlcul ,.1 zonms terla 5 Intended to be will consl er the enact. d strl to a Resldentla considered b~ the Board ment of a c=rr Ordl. PlannYid .Unlt=~. shall be su mltted to BOARD OF COUNTY COMMISSIONERS nance. The no will ment J!PUD) d r the appropriate County CHERI LEFARA commenc,at 9.:00 A.M. a Project to be known staff a mli1lmum of sev. The title of the pro. .. the 8r'Iet9I PlnesPUD. en d~S prior to the PO BOX 413016 rcosed O,dlnance Is as This ~Ject ~ses a public earlng. All ma. NAPLES FL 34101-3016 ollows: . mQlmum of 15 dwell. terlal used In ~resenta. ~I.tt & overall tlons before t e Board AN ORDINANCE AMEND- .. unlt$ per will become a perma. ING ORDINANCE 91-102, lICl'e~ to f:'llst of anY nent part Of the reCord. THE COLLIER COUNTY = Inat." of single. Any person who decldes LAND DEVELOPMENT. Iy ~ero lot CODE, WHICH INCLUDES lIne. or mu Iy unit, to a=1 a decision of REFERENCE: 001230 113138312649 .i~~I~C?~~~ij~f~I~~~ ~oc:~=m:"~Sad the will need a re- cord of the ~roceedlngs 58794316 PUDZ-2002-AR-3542NOT FOR THE UNINCORPO. ~roVal of an Affor . flertalAlng ereto and RATED AREA OF ffWER b e HO'uslng Density herefore, may need to . COUNTY.. FLO,A BY lonus AlI,..ment au. ensure that a verbatim State of Florlda AMENlillNGTHOFFl. thOl'tzlng the cleveloper record. of the proceed. Ings Is mlllle. which reo County of Collier CIAl ZONING ATlAS to utilize Affordable cord Includes the testl- .. MAP NUMB1!RED 8635N; HOUSI~Io11US DensitY. mony and evidence Before the underslgned authorlty, personally BY CHANGING THE ZON. unl" f" t/Mlllmognt Of upon whIch the appeal appeared B. Lamb, who on oath says that she serves ING CLASSIFICATION OF f uMs -rtue onu~ Is based. A . t t C t S t f h N 1 THE HEREIN DESCRIIED ens un . sper acre as. SSlS an orJ?ora e ecre ary o. t e ap es REAL PROPERTY FROM! In the development of BOARD OF COUNTY Dally News, a dally newspaper publlshed at Naples, "A" TO A RESIDENTIAL: this project for low. COMMISSIONERS in Collier County, Florida: that the attached PLANNED UNtT DEVEL- Income residents. . ~g.i.iAER COUNTY. f d ,. bl' h d' . d OPMENT (AUPl>) DI!;. copy 0 a vertlslng was pu lS e In sal TRICT FOR A PRQJiCT The 22.1!lfl~edub; Donna Flela, CHAIRMAN newspaper on dates listed. TO BE KNOWN ASBRIS. ~ sltv ~ocate on . .. TOl P%!S RPUD TO AL. . east of Collier Aff~ant further says tl:at the sald Napl~s Da~ly LOWF R A MAXIMUM 10ul.vlll. (C:R. 95p, g~HT E. BROCK, News lS a newspaper publlshed at Naples / In sald OF 159 DWELliNG UN~ I llP;,roll:rtt1Y 1 ~Ie C 11' C t Fl . d d th t th . d TO COltSIST OF AN south 0 . ImsToka ee o ler oun y, orl a / an a. e sal COMBINATION OF SIN. I Road. at \47 Collier By: /s/lInda A. Houtzer, newspaper has heretofore been contlnuously GLE-FAMILYATTACHID Boulevard n Section 35. De~ Clerk published in said Collier County, Florida, each ZERO LOT lIN~ OR SIN:. Township 48 South. ~s L No. 4723521 day and has been entered as second class mail 3~~l~~~Y c~,ts\~~~~ Range 'East. Collier eb.8 matter at the post office in Naples, in said T10N;THATWILLBlDE., COunty orIda. C 11' C t Fl' d f . d f 1 SIGNED TO PROVIDE SIX-' COAles of the proposed o ler our: y, or~ a, or <;t pe~lo 0 year TEEN (1'2 AFFORDABLE or"/.".ltC!l are on file next precedlng the flrst publlcatlon of the HOUSIN UNITS6 AP' wit the Clerk to the attached copy of advertisement. and affiant PROVING AN AFF RDA. ao.r~are ava~ble ,/. BLE HOUSING DENSITY' for . on. All er- further says that she has nelther pald nor BONUS AGREEMENT AU. ~... Invited promised any person, firm or corporation any THORIZING THE DEVEL. to end be htllrd. d' t b t .. f d f th OPER TO UTILIZE AF- lscoun , re a e / commlSSlon or re un or e FORDABLE HOUSING NOTE: AU persons wish- purpose of securing this advertisement for BONUS DENSITY UNITS In~ :g:ak ot" ap bl . ,. . d (IN THE AMOUNT OF 68 au ITlilS reg s. pu lctlon In the sal newspaper. UNITS AT 2.98 BONUS, ~r w!tlfthe COUl1tY &d. DENSITY UNITS PER mlnlstratorrrlor to pre-I / ) :0 sentatlon 0 the agenda PUBLISHED ON: 02 08 ACRE IN THE DEVSL p. Item to be addressed. MENT OF. THIS PR JECT IndIVIdUal speakers will LOCATED ON THE EAST. be llm~o 5 minutes SIDE OF THE ROAD. AP. .. .'. ... se\ec-! PRO IMAT E: fron~ an lndW-kRlalto SO TH 0" IMMOKAlEE. speak on. behalf of an ROAP. AND V. MilE' organIZation or group Is NORTH OF WOLFE Ro.\D. encollf'aged. If recog. AD SPACE 213 000 INCH IN SEfIlON 35. TOWN. ItIZedi'bl the Chat~an : . .SHIP SOUTH; RANGE a spok sperson) ora ~:~~~ _ ~~~ _ _ _ _ _ ~~~~~~~~ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ ~~.~~R~:-;,IECoCNOs~~: ~:y~O~II=:rMfrr. ) TING OF U:l1+/- ACRES; utes to spea ..n an < .......-J AND BY PROVIDING AN Item. . Signature of Affiant ' ../ EFFECTIVE DATE. Sworn to and Subscribed before me this )C~ day of ,r::~ - i: 20m ~ -:;- {;1 Personally known by me ,/\/\ LiffY li'L-> :'7 ,....~~~~~:f~~;~',. Harriett Bushong ~~:A:~~ MY COMMISSIO~ # DD234689 EXPIRES '.~;'.;-cc..;.,.>~ ..... . . July 24, 2007 ~",9fll~';.'" 5C'NDL; fHPlj TR-OY. FA:N !NSURANCE, INC ~-_..- ORDINANCE NO. 04- 10 t8;A ~ AN ORDINANCE AMENDING ORDINANCE NUMBER 91-102, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH INCLUDES THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA BY AMENDING THE OFFICIAL ZONING ATLAS MAP NUMBERED 8635N; BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM "A" TO A RESIDENTIAL PLANNED UNIT DEVELOPMENT (RPUD) DISTRICT FOR A PROJECT TO BE KNOWN AS BRISTOL PINES RPUD TO ALLOW FOR A MAXIMUM OF 159 DWELLING UNITS, TO CONSIST OF ANY COMBINATION OF SINGLE-FAMIL Y ATTACHED, ZERO LOT LINE, OR SINGLE-FAMIL Y DETACHED UNIT TYPE CONSTRUCTION; THAT WILL BE DESIGNED TO PROVIDE SIXTEEN (16) AFFORDABLE HOUSING UNITS; APPROVING AN AFFORDABLE HOUSING DENSITY BONUS AGREEMENT AUTHORIZING THE DEVELOPER TO UTILIZE AFFORDABLE HOUSING BONUS DENSITY UNITS (IN THE AMOUNT OF 68 UNITS AT 2.98 BONUS DENSITY UNITS PER ACRE) IN THE DEVELOPMENT OF THIS PROJECT LOCATED ON THE EAST SIDE OF THE ROAD, APPROXIMA TEL Y 1 MILE SOUTH OF IMMOKALEE ROAD, AND Y4 MILE NORTH OF WOLFE ROAD, IN SECTION 35, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 22.77! ACRES; AND BY PROVIDING AN EFFECTIVE DATE. WHEREAS, Dwight H. Nadeau, of RWA, Inc., representing Waterways Joint Venture IV, petitioned the Board of County Commissioners, in Petition Number PUDZ-2003-AR- 3542, to change the zoning classification of the herein described real property and to approve the affordable housing density bonus agreement authorizing a density bonus of 2.98 units per acre for a total of no more than 68 density bonus units. NOW, THEREFORE BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, THAT: SECTION ONE: The zoning classification of the herein described real property located in Section 35, Township 48 South, Range 26 East, Collier County, Florida, is changed from "A" Agricultural zoning district to "RPUD" Residential Planned Unit Development in accordance with the "Bristol Pines" PUD Document, attached hereto as Exhibit "A" and incorporated by reference herein. The Official Zoning Atlas Map numbered 8635N, as described in Ordinance Number 91-102, the Collier County Land Development Code, is hereby amended accordingly. SECTION TWO: The Affordable Housing Density Bonus agreement, attached hereto as Exhibit "B," authorizing a density bonus of 2.98 units per acre for a total of no more than 68 density bonus units is hereby approved and adopted as if fully set forth herein. Page 1 of 2 - 'reA SECTION THREE: This Ordinance shall become effective upon filing with the Department of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this .J 'I'lL day of ::}~ ' 2004. ATTEST: BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA ", II \ 1111 "I f I! / BY (L ' I"" /". ',10 i P. 1IIIf d~ .,\ ,;'t~t',} ~ r~'_i'~( "1 ,;:-" ,.<;:\.. .....,........,......'11;. tf::i:~ '/". ~':.:l;?.':.:.~~.,,\ ~: ,f~'.lt~(':".. ,." '.'~..~. DONNA -IrALA, CHA~ I ffi~ ;gR;0C ",: I' ,~:: ll~a"~ .,. ,,'/ - .' : ,'--' ~ 11gA1tWt-.I.r' ~'::'\ .:,~ f . , -::., -' ...~\'! ." ;~~, ~ ~ I...... ,') _ It ,.' '.#l;(...'- ~ -;. $' .... ...,.:..... " Approved as, ~9igF.'-:'(C;;oI "" B ' :l\'."~ "" and Legal Su ~~y.\",\\, ~.~ I Patrick . White Assistant County Attorney G/ AdminJPUDZ-2002-AR-3542/sp Attachments: Exhibit A, PUD Document Exhibit B, Affordable Housing Density Bonus Agreement It,~=l P'J",,',(io, (~ '~;,~, -' L~ t.{ . tJ 'I ~ IJ '.. '." ---"'- :j !i Dr~t\~ a .( - oL{ ~ t~Gc!d ~-----... ~ ~--'- ~ ~ ~' ~J ." ~ ~erul)' C:"i'k ~ , ~.::.l.J__J,""::.o..iLOl1.""'''::'_.--.,...;:t Page 2 of 2 -,~- "- .- '~' 8 A'~ .~ BRISTOL PINES RPUD A RESIDENTIAL PLANNED UNIT DEVELOPMENT REGULATIONS AND SUPPORTING MASTER PLAN GOVERNING BRISTOL PINES RPUD, A PLANNED UNIT DEVELOPMENT PURSUANT TO PROVISIONS OF THE COLLIER COUNTY LAND DEVELOPMENT CODE PREPARED FOR: W A TERW A YS JOINT VENTURE IV 14627 COLLIER BLVD NAPLES, FLORIDA 34120 PREPARED BY: UWTANC C:ONSULTING ..L.... Y y..L ..... 3050 NORTH HORSESHOE DRIVE SUITE 270 NAPLES, FLORIDA 34104 And GOODLETTE COLEMAN & JOHNSON, P.A. 4001 T AMIAMI TRAIL NORTH SUITE 300 NAPLES, FLORIDA 34103 DATE REVIEWED BY CCPC DATE APPROVED BY BCC :/. f)L/.O 'f ORDINANCE NUMBER c2(){y-l - 10 AMENDMENTS AND REPEAL lJ/J1qJbS eN-tOl.. G:\Current\Deselem\PUD Rezones\Bristol Pines PUDZ-2002-AR-3542\PUD documents\PUD document final version 2-27-04.doc ---. _._-- .----. - -~".- 8 A ..- -, {~ TABLE OF CONTENTS List of Exhibits, Tables and Appendix 1 Statement of Compliance 11 Section I Property Ownership and Legal Description 1-1 Section II Project Development Requirements II-I Section III Residential Development Standards III -1 Section IV Recreation Area IV-l Section V Preserve Area V-I Section VI Development Commitments VI-l G:\Current\Deselem\PUD Rezones\Bristol Pines PUDZ-2002-AR-3542\PUD documents\PUD document final version 2-27-04.doc --------~--, ._-~,~~-,,_._--"._._....._- --..-. 8 A~'"' ;~%. ., LIST OF EXHIBITS. TABLES AND APPENDIX EXHIBIT "A" RPUD MASTER PLAN APPENDIX "A" TYPICAL CROSS SECTIONS EXHIBIT "B" BOUNDARY SURVEY EXHIB IT "C" VICINITY MAP EXHIBIT "D" PUBLIC FACILITIES MAP TABLE I PROJECT LAND USE TRACTS TABLE II DEVELOPMENT STANDARDS 1 G:\Current\Deselem\PUD Rezones\Bristol Pines PUDZ-2002-AR-3542\PUD documents\PUD document final version 2-27-04.doc _."._.__.~ ""'__~.~m'.___" ....~< ".-....- ------.--.--.- 8A STATEMENT OF COMPLIANCE The development of approximately 22.77 acres of property in Collier County, Florida as a Planned Unit Development to be known as Bristol Pines RPUD will be in compliance with the goals, objectives and policies of Collier County as set forth in the Growth Management Plan. The residential uses and recreational facilities of the Bristol Pines RPUD are consistent with the growth policies, land development regulations, and applicable comprehensive planning objectives of each of the elements of the Growth Management Plan for the following reasons: 1. The subject property for development is within the Urban Mixed Use District/Urban Residential Subdistrict as identified on the Future Land Use Map as provided for in Objective 1 of the Future Land Use Element (FLUE), and the uses contemplated are consistent therewith. 2. The project is proposed to be a residential planned unit development district located within the Urban-Mixed Use District, as identified on the Future Land Use Map from the Future Land Use Element (FLUE), of the Collier County Growth Management Plan. The Density Rating System of the FLUE provides for a density bonus when a proposed project intends to provide "affordable housing". The subject project is eligible to receive a density bonus of three (3) dwelling units per gross acre, as demonstrated in the companion Affordable Housing Density Bonus Agreement, added to the base density of four (4) dwelling units per gross acre to provide for a gross project density of seven (7) dwelling units per acre. The proposed density of the Bristol Pines RPUD is 6.98 units per gross acre, which is less than what is provided for by the FLUE Density Rating System, and is therefore consistent with the Future Land Use Element, Policy 5.1. of the Collier County Growth Management Plan. 3. The project will implement Objective 1 of the Housing Element by providing additional "affordable housing" dwelling units in Collier County, within the proposed master planned development. 4. The project will further the implementation of Policy 1.4 of the Housing Element by providing "affordable housing" in an area where planned infrastructure and services will be available; 5. The project will act to implement Policy 2.9 of the Housing Element by providing "affordable housing" dwelling units blended within the planned market rate development. 6. The development will be compatible with and complementary to existing and planned surrounding land uses. 7. The development of the Bristol Pines RPUD will result in an efficient and economical extension of community facilities and services as required in Policy 3.l.g. of the Future Land Use Element. 8. The Bristol Pines RPUD implements Policy 5.6 of the Future Land Use Element in that more than 60% of the project will provide useable open space, or lands reserved for conservation purposes. 11 G:\Current\Deselem\PUD Rezones\Bristol Pines PUDZ-2002-AR-3542\PUD documents\PUD document final version 2-27-04.doc _..""_,"____~"..,_'A,._,_,.~.__,_ ,Q A -- v' 9. The native vegetation provisions of the Bristol Pines RPUD implements Policy 6.1.1 of the Conservation Coastal Management Element in that "native preserves" will be incorporated into the project design. 10. The Master Development Plan, with its extensive natural area, lakes and open space areas, and with its moderate residential density, will insure that the developed project will be an attractive and enjoyable residential development. 11. By virtue that the project must comply with the provisions of Division 3.15. of the Land Development Code, it will implement, and further Objective 8 of the Transportation Element. 111 G:\Current\Deselem\PUD Rezones\Bristol Pines PUDZ-2002-AR-3542\PUD documents\PUD document final version 2-27-04.doc .~_._-~_..- ".~ _.M..__.. "------_..._._,---"'.._."-----~- 8A- SECTION I PROPERTY OWNERSHIP AND DESCRIPTION 1.1 PURPOSE The purpose of this Section is to set forth the location and ownership of the property, and to describe the existing conditions of the property proposed to be developed under the project name of the Bristol Pines RPUD. 1.2 LEGAL DESCRIPTION A PART OF THE NORTHWEST QUARTER OF SECTION 35, TOWNSHIP 48 SOUTH, RANGE 26 EAST, MORE PARTICULARLY DESCRffiED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SECTION 35, TOWNSHIP 48 SOUTH, RANGE 26 EAST; THENCE ALONG THE NORTH LINE OF SAID SECTION 35, PROCEED N 89056'57" E, FOR 100.08 FEET; THENCE LEAVING SAID NORTH LINE S 02016'29" E, FOR 30.02 FEET ALONG THE EASTERLY BOUNDARY OF A 100 FOOT ACCESS EASEMENT, ALSO BEING PARALLEL WITH THE WEST LINE OF SAID SECTION 35, TO A POINT ON THE SOUTH RIGHT OF WAY OF TREE FARM ROAD AND ALSO BEING THE POINT OF BEGINNING; THENCE ALONG SAID SOUTH RIGHT OF WAY, ALSO BEING PARALLEL WITH THE NORTH LINE OF SAID SECTION 35, N 89056'57" E FOR 1552.29 FEET; THENCE LEAVING SAID SOUTH RIGHT OF WAY S 02016'25" E FOR 639.48 FEET; THENCE SOUTH 89056'32" W FOR 1552.27 FEET TO A POINT ON THE EAST LINE OF A 100 FOOT CANAL EASEMENT; THENCE ALONG SAID EAST LINE OF CANAL EASEMENT, BEING PARALLEL WITH THE WEST LINE OF SAID SECTION 35, N 02016'29" W FOR 639.67 FEET TO THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRffiED. CONTAINING 992050.3 SQUARE FEET OR 22.8 ACRES MORE OR LESS. SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORDS. BEARINGS ARE BASED ON THE NORTH LINE OF SECTION 35, TOWNSHIP 48 SOUTH, RANGE 26 EAST, AS BEING NORTH 89056'57" EAST. 1.3 PROPERTY OWNERSHIP The subject property is owned by: Waterways Joint Venture IV (Folio: 00205560002,00205480001,00205520000) Waterways Joint Venture IV (Folio: 00205760006) 1-1 G:\Current\Deselem\PUD Rezones\Bristol Pines PUDZ-2002-AR-3542\PUD documents\PUD document final version 2-27-04.doc .-. """_~""U"'''_ ~-~~~,-,,-_._-_._-_.. .-- .._...._-"~.,._--_.- .--- ..,,".-._-_.~--~_.. .- ------ - .-_.~---,-- 8 A~ r1t' 1.4 DEVELOPER The Bristol Pines RPUD is intended to be developed by Waterways Joint Venture IV, all reference to the "Developer" as may be contained in this RPUD Document shall mean Waterways Joint Venture IV, unless, and until the subject property described and depicted in this RPUD Document is conveyed, or assigned. It is the responsibility of Waterways Joint Venture IV to notify Collier County, in writing, of the land conveyance, or assignment of the subject property described and depicted in this RPUD Document within six months from the actual conveyance, or assignment. 1.5 PHYSICAL DESCRIPTION The development property is located in the northwest half of Section 35, Township 48 South, Range 26 East. More than eighty percent of the proposed project site has been cleared, and utilized for agricultural purposes. The easterly 4.77 acres has an existing single-family home and associated improvement. Historically, timbering and cattle grazing have occurred on the property. The property is generally without topographic relief, with elevations ranging from 13.1' to 14.8' above mean sea level. The water management system consists of approximately 2.68 acres of water management areas that will receive runoff from structures and parking areas. Runoff is collected by catch basins and culvert systems for conveyance to the project's internal lake system. The project outfall will be at the project's western boundary. Discharge will be into the Collier Boulevard (C.R. 951) Canal Right-of-Way. Allowable discharge rates will be in accordance with Collier County Ordinance No. 90-10, as amended. 1.6 PROJECT DESCRIPTION The Bristol Pines RPUD shall be a residential development. The amenities proposed as developer commitments to be provided in the project include structures (clubhouse), and areas (interior within the clubhouse, swimming pool, children's playground, and tennis facilities), to provide social and recreational space, lakes, natural and landscaped open spaces, and a variety of passive (native preserves) and active recreational opportunities. Access to the property will be from Collier Boulevard (C.R. 951), approximately 330 feet south of Tree Farm Road. That segment of Collier Boulevard between Golden Gate Boulevard and Immokalee Road is planned to be improved with a six-lane divided roadway programmed to commence construction in 2005 (Capital Road Project #65061). Each residential unit will be served with centrally provided potable water, sanitary sewer, electric power, and telephone. Additional services will be provided as deemed appropriate. 1.7 SHORT TITLE This Ordinance shall be known and cited as the "Bristol Pines Residential Planned Unit Development Ordinance". 1-2 G:\Current\Deselem\PUD Rezones\Bristol Pines PUDZ-2002-AR-3542\PUD documents\PUD document final version 2-27-04.doc _._~. _m '... ".,._.,.".___ _ __.___".__"._______m___".__.~,_ 8A SECTION II PROJECT DEVELOPMENT REQUIREMENTS 2.1 PURPOSE The purpose of this Section is to delineate and generally describe the project plan of development, relationships to applicable County Ordinances, the respective land uses of the Bristol Pines RPUD development, as well as other project relationships. 2.2 GENERAL A. Regulations for development of the Bristol Pines RPUD shall be in accordance with the contents of this document, the RPUD-Planned Unit Development District and other applicable sections and parts of the Collier County Land Development Code and Growth Management Plan in effect at the time of building permit application. Where these RPUD regulations fail to provide developmental standards, then the provisions of the most similar district in the County Land Development Code shall apply. B. This RPUD Document and attendant RPUD Master Plan is generally tailored to provide specific development standards for the residential product proposed by the Developer. C. Unless otherwise noted, the definitions of all terms shall be the same as the definitions set forth in the Collier County Land Development Code in effect at the time of building permit application. D. All conditions imposed and all graphic material presented depicting restrictions for the development of the Bristol Pines RPUD shall become part of the regulations that govern the manner in which the RPUD site may be developed. E. Unless modified, waived or excepted through the approval of a deviation stated herein, the provisions of other sections of the Land Development Code, where applicable, remain in full force and effect with respect to the development of the land that comprises this RPUD. F. Development permitted by the approval of this petition will be subject to a concurrency review under the provisions of Division 3.15, Adequate Public Facilities, of the Land Development Code, at the earliest or next-to-occur of either Final Site Development Plan approval, or Final Plat approval, or building permit issuance applicable to this development. II-I G:\Current\Deselem\PUD Rezones\Bristol Pines PUDZ-2002-AR-3542\PUD documents\PUD document final version 2-27-04.doc -.-> --.-.- ".'~~----- ..-, -~'~'-"~ 8A ,'," 2.3 DESCRIPTION OF PROJECT PLAN AND LAND USE TRACTS A. The project Master Plan, including layout of streets and use of land is illustrated graphically by Exhibit "A", RPUD Master Plan. TABLE I PROJECT LAND USE TRACTS TYPE UNITSIFf. ACREAGE:t TRACT "R" RESIDENTIAL 159 19.8 TRACT "RA" RECREATION AREA 0 2.0 TRACT "P" PRESERVE 0 1.0 B. Areas illustrated as lakes by Exhibit "A" shall be constructed as lakes or, upon approval, parts thereof may be constructed as shallow, intermittent wet and dry depressions for water retention purposes. Such areas, lakes and intermittent wet and dry areas shall be in the same general configuration and contain the same general acreage as shown by Exhibit "A". Minor modification to all tracts, lakes or other boundaries may be permitted at the time of Final Plat or Site Development Plan approval, subject to the provisions of Sections 3.2.6.3.5. and 2.7.3.5. respectively, of the Collier County Land Development Code, or as otherwise permitted by this RPUD document. C. In addition to the various areas and specific items shown on Exhibit "A", such easements as necessary (utility, private, semi-private) shall be established within or along the various tracts as may be necessary. 2.4 MAXIMUM PROJECT DENSITY A maximum of 159 residential dwelling units may be constructed in the total project area. The gross project area is approximately 22.77 acres. The gross project density, therefore, will be a maximum of 6.98 dwelling units per acre. A density of more than 4.0 units per acre must be developed in accordance with an approved Affordable Housing Density Bonus Agreement (AHDB). 11-2 G:\Current\Deselem\PUD Rezones\Bristol Pines PUDZ-2002-AR-3542\PUD documents\PUD document final version 2-27-04.doc ...~_.- 8 A~ " ~ 2.5 PROJECT PLAN APPROVAL REQUIREMENTS <; A. Prior to Final Local Development Order issuance for all or part of the RPUD, final plans of all required improvements shall receive approval of the appropriate Collier County governmental agency to insure compliance with the RPUD Master Plan and the Collier County Land Development Code. B. Exhibit "A", RPUD Master Plan, constitutes the required RPUD Development Plan. Any division of property and the development of the land shall be in compliance with Division 3.2 of the Collier County Land Development Code, and the platting laws of the State of Florida. C. The provisions of Division 3.3 of the Collier County Land Development Code, when applicable, shall apply to the development of all platted tracts of land as provided in said Division prior to the issuance of a building permit or other development order. D. Appropriate instruments will be provided at the time of infrastructural improvements regarding any dedications and methods for providing perpetual maintenance of common facilities. E. Prior to the development of a zero lot line product, or single-family attached units following the development standards set forth in Table II of this document, in which each unit is on a separate platted lot, the Developer shall submit either a Preliminary Subdivision Plat, or plan as a part of the construction plan set showing the building envelope on all of the lots intended for zero lot line construction to the Department of Zoning and Land Development Review for purposes of indicating zero lot line relationships, provision for achieving the minimum space between buildings, and to ensure that no one lot is adversely impacted by failing to provide the required side-yard in a uniform manner. No side-yards are required between units where multiple units, intended for fee simple conveyance, are contained in a single principal structure. The Preliminary Subdivision Plat, or plan as a part of the construction plan set, shall also show typical lots, and the footprints of the proposed residences. 2.6 LAKE SETBACK AND EXCA V A TIONS Lakes shall conform with the requirements of Division 3.5. of the Land Development Code for a development excavation. Lakes may be excavated to the maximum development excavation depths set forth in Section 3.5.7.3.1. of the Land Development Code. Removal of fill from the Bristol Pines RPUD shall be limited to an amount up to ten percent (10%) (to a maximum 20,000 cubic yards), of the total volume. 11-3 G:\Current\Deselem\PUD Rezones\Bristol Pines PUDZ-2002-AR-3542\PUD documents\PUD document final version 2-27-04,doc '--"-'_.~-,- -"'._"'"'_--,...~.-"~> ~~~-,.,_.'. SA , ,'I. 2.7 RIGHTS-OF - WAY All platted project streets shall have a minimum 50-foot right-of-way, a deviation from Appendix B, Typical Street Section, B-4 and B-5 which requires 60 feet, to allow 50 feet. (See Appendix "A", Typical Cross Sections, and Exhibit A, RPUD Master Plan), and shall be private, and shall be classified as local streets. Utilization of lands within all project rights-of-way for landscaping, decorative entranceways, and signage may be allowed subject to review and administrative approval by the Collier County Community Development and Environmental Services Administrator, or his designee, for engineering and safety considerations prior to installation. 2.8 AMENDMENTS TO RPUD DOCUMENT OR RPUD MASTER PLAN Changes and amendments may be made to this RPUD Ordinance or RPUD Master Development Plan, Exhibit "A", as provided for in Section 2.7.3.5. of the Collier County Land Development Code. Minor changes and refinements as described in Section 6.3.C. of this RPUD document may be made in connection with any type of development or permit application required by the Collier County Land Development Code. 2.9 DEDICATION AND MAINTENANCE OF COMMON AREAS & FACILITIES Easements shall be provided for water management areas, rights-of-way, utilities and other purposes as required. All necessary easements, dedications, or other instruments shall be granted to insure the continued operation and maintenance of all service utilities in compliance with applicable regulations in effect at the time of adoption of this Ordinance establishing the Bristol Pines RPUD. Whenever the Developer elects to create land area and/or recreation amenities whose ownership and maintenance responsibility is a common interest to all of the subsequent purchasers of residential units or real property within the Bristol Pines RPUD, the Developer shall provide appropriate legal instruments for the establishment of a Property Owners' Association, or Master Condominium Association, whose function shall include provision for the perpetual care and maintenance of all common facilities and open space, subject further to the provisions of Section 2.2.20.3.8. of the Collier County Land Development Code. 2.10 MODEL, SALES, AND CONSTRUCTION OPERATION FACILITIES A. Models, sales/rental centers and other uses and structures related to the promotion and sale and/or rental of real estate such as, but not limited to, pavilions, viewing platforms, gazebos, parking areas, and signs, shall be permitted principal uses throughout the Bristol Pines RPUD subject to the requirements of Division 2.3, Division 2.4, Division 2.5, and Section 2.6.33.4. of the Collier County Land Development Code. II-4 G:\Current\Deselem\PUD Rezones\Bristol Pines PUDZ-2002-AR-3542\PUD documents\PUD document final version 2-27-04.doc .. --,<"._~-_. "....----,-..... 8A '<"1 B. Temporary Use Permits for sales centers, and model homes may be approved subsequent to zoning approval. Temporary Use Permit applications, and associated Site Development Plan (SDP) application(s) for residential models, may be submitted, and approved pursuant to Section 2.6.33.4.1.5. of the LDC, with applications for improvement plans and final subdivision plat, to depict the location of the model units within a future platted lot. All model units shall be located on lots that will be platted through subsequent development order approvals. C. The existing single-family principal structures may be used for temporary sales centers, and construction operation/management offices, and may be served by the existing well and septic systems. Such use of the existing single-family structure must be in compliance with all applicable federal, state and local codes and permitting procedures. D. Temporary uses for sales centers may be serviced by temporary well and septic systems. E. A portion (no more than 1/3 of the gross floor area), of the clubhouse facilities may be used as a temporary sales facility to be utilized to market residential products, including the re-sale of residences within the boundaries of the Bristol Pines RPUD. The temporary sales facility use must cease when the project is released to the control of the homeowners' association. 2.11 CLUBHOUSE Construction approvals for the clubhouse and related common recreational facilities may be approved subsequent to zoning approval. The clubhouse and related facilities shall be located on a tract that will be platted through subsequent development order approvals. 2.12 EXISTING STRUCTURES The existing principal structures within the RPUD boundaries may be retained, and utilized for temporary uses as set forth in Section 2.10 of this RPUD Document. Those existing structures may be retained through the construction and platting phases of the development, but not to exceed the project buildout date of December 31, 2006. 2.13 FILL STORAGE Fill material generated may be stockpiled within areas designated for residential development. Prior to stockpiling in these locations, a Vegetation Removal and Site Filling Permit, along with plans showing the locations and cross-sections shall be submitted to Collier County Planning Services Staff for review and approval. The following standards shall apply: II-5 G:\Current\Deselem\PUD Rezones\Bristol Pines PUDZ-2002-AR-3542\PUD documents\PUD document final version 2-27-Q4.doc -'.-- -,..--. .---".--....- 8 A- ,{;j~ "f{ A. Stockpile maximum side slope: 3: 1 B. Stockpile maximum height: thirty-five (35) feet C. Fill storage shall not be permitted in Preserve Areas. 2.14 REQUIRED ENVIRONMENTAL PERMITTING Where the development of land within the Bristol Pines RPUD requires a permit from a local, State, or Federal agency with jurisdiction over the property proposed for development, the Developer shall obtain such permits prior to final development order approval. 2.15 NA TIVE VEGETATION RETENTION REQUIREMENTS Pursuant to Policy 6.1.1 of the Conservation and Coastal Management Element of the Collier County Growth Management Plan, and Section 3.9.5.5.3 of the Collier County Land Development Code; a minimum of 0.94 acres (25% of the viable, naturally functioning native vegetation on site) is required to be retained or replanted. Viable, naturally functioning native vegetation areas do not include those areas of vegetation that have greater than seventy-five percent (75%) canopy coverage of exotic speCIes. The RPUD Master Plan depicts one Preserve that will be platted as a Native Preserve tract. The one-acre Preserve depicted will be retained native vegetation. This is due to the fact that of the 22.77-acre project site, only 3.78 acres of the site is "native", by definition. Native Preserves shall have an average fifty-foot (50') width, but be no less than twenty feet (20'). The design, area, and configuration of the Native Preserves may be modified. However, the remaining Native Preserves shall not go below 0.94 acres in total area. Please refer to Appendix "A", Typical Cross Sections, for details related to separation of structures from Tract "P", and the Native Preserves. 2.16 LINKAGE TO COLLIER COUNTY LAND DEVELOPMENT CODE Pursuant to Subsection 2.7.3.3. of the Land Development Code, upon adoption of the RPUD Ordinance and attendant RPUD Master Plan, the provisions of the RPUD document become a part of the Land Development Code and shall be the standards of development for the RPUD. Thenceforth, development in the area delineated as the BRISTOL PINES RPUD District on the Official Zoning Atlas shall be governed by the adopted development regulations set forth in this RPUD Document, RPUD Master Plan, and applicable provisions of the Land Development Code. II-6 G:\Current\Deselem\PUD Rezones\Bristol Pines PUDZ-2002-AR-3542\PUD documents\PUD document final version 2-27-04.doc .~_._---,_.- . --".-..'.-.-.------. -- -,._'-._-_.~..._~~._._._--. -._.---,._----,,_.,,---- 8A . SECTION III RESIDENTIAL DEVELOPMENT STANDARDS 3.1 PURPOSE The purpose of this Section is to identify specific development standards for areas designated as Tract "R" on the RPUD Master Plan, Exhibit "A". Infrastructure, perimeter land use buffers, signage, as well as project recreational/social facilities will occur within this Tract "R". 3.2 MAXIMUM DWELLING UNITS The maximum number of residential dwelling units allowed within the RPUD shall be established at the time of development plan review, but shall not exceed 159 dwelling units and be developed consistent with the project's AHDB agreement. 3.3 USES PERMITTED No building or structure, or part thereof, shall be erected, altered or used, or land used, in whole or in part, for other than the following uses derived from RMF-6: A. Principal Uses: 1) Single-family attached dwellings (including townhouses intended for fee simple conveyance) 2) zero lot line dwellings 3) single-family detached dwellings B. Accessory Uses: Customary accessory uses and structures including, but not limited to private garages, swimming pools with, or without screened enclosures, and other outdoor recreation facilities along with the following: Model Homes (See Section 2.10 of this RPUD Document). 3.4 DEVELOPMENT STANDARDS A. GENERAL: Except as provided for herein, all criteria set forth below shall be understood to be in relation to individual parcel or lot boundary lines, or between structures, as applicable. Condominium, and/or homeowners' association boundaries shall not be utilized for determining development standards. B. OFF-STREET PARKING AND LOADING REQUIREMENTS: As required by Division 2.3 of the Collier County Land Development Code in effect at the time of building permit application. III -1 G:\Current\Deselem\PUD Rezones\Bristol Pines PUDZ-2002-AR-3542\PUD documents\PUD document final version 2-27-04.doc '-'-~~--_.>-_. -- ~.." -~ ~"'------""--"-"-'---~-'-- TABLE II 8A RESIDENTIAL DEVELOPMENT STANDARDS t;;f DEVELOPMENT SINGLE- SINGLE- CLUBHOUSE! STANDARDS FAMILY FAMILY RECREATION DETACHED ATTACHED BUILDINGS ZERO-LOT LINE PRINCIPAL STRUCTURES MINIMUM LOT AREA 2,250 S.F. 2,250 S.F. 10,000 S.F. MINIMUM LOT WIDTH 40 FEET 25 FEET N/A MINIMUM FLOOR AREA 1,000 S.F. 1,000 S.F. N/A MIN FRONT YARD 23 FEET 23 FEET N/A From sidewalk from sidewalk MIN SIDE YARD 7.5 FEET o FEET or N/A 6 FEET MIN REAR YARD 15 FEET 15 FEET N/A MIN PRESERVE SETBACK 25 FEET 25 FEET 25 FEET MIN. DIST. BETWEEN STRUCTURES 15 FEET 15 FEET or N/A Y2 BH whichever is greater MAX. BLDG. HT. 2 STORIES 2 STORIES 2 STORIES NOT TO EXCEED 35 FEET 35 FEET 35 FEET ACCESSORY STRUCTURES FRONT S.P.S. S.P.S. 20 FEET SIDE S.P.S. S.P.S 1;2 BH REAR (ATTACHED) 5 FEET 5 FEET 10 FEET (DETACHED) 5 FEET 5 FEET 20 FEET PRESERVE SETBACK 10 FEET 10 FEET 10 FEET MIN. DIST. BETWEEN STRUCTURES 15 FEET 10 FEET greater of 15 feet or Y2 BH whichever is greater MAX. BLDG. HT. 2 STORIES 2 STORIES 2 STORIES NOT TO EXCEED 35 FEET 35 FEET 35 FEET S.P.S.: Same as Principal Structures. BH: Building Height Notes: 1) The location of structures proposed adjacent to a lake may have no setback from the lake maintenance easement. 2) No structures are permitted in the required, 20 foot lake maintenance easement. 3) To ensure compatibility with the existing single-family residence lying south of the Bristol Pines property, only a single-story residential structure may be located adjacent to that residence. 4) A 15-foot wide setback must be maintained from any structure to any project perimeter property line. III - 2 G:\Current\Deselem\PUD Rezones\Bristol Pines PUDZ-2002-AR-3542\PUD documents\PUD document final version 2-27-04.doc '"-~ ~..._-_._. .n.______....._.._ 8A '" ''- SECTION IV RECREA TION AREA 4.1 PURPOSE The purpose of this Section is to set forth the development plan for areas designated as Tract "RA," Recreation Area on Exhibit "A", RPUD Master Plan. The primary function and purpose of this Tract is to provide for social and recreational areas/spaces as an amenity for the residents of the project. 4.2 USES PERMITTED No building or structure or part thereof, shall be erected altered or used, or land used, in whole or in part, for other than the following, subject to the issuance of regional, State and Federal permits, when required: Principal Uses: 1) Structures intended to provide social and recreational space; 2) Outdoor recreation facilities, such as a community swimming pool, tennis and basketball courts, playground improvements/facilities, and passive and/or active water features; 3) Any other principal use which is comparable in nature with the foregoing uses and is approved through the process set forth in the LDC at the time of the request for such use. Accessory Uses: Customary accessory uses or structures incidental to recreation areas and, or facilities, including structures constructed for purposes of maintenance, storage or shelter with appropriate screening and landscaping, 4.4 DEVELOPMENT STANDARDS A. GENERAL: Except as provided for herein, all criteria set forth below shall be understood to be in relation to individual parcel or lot boundary lines, or between structures. Condominium, and/or homeowners' association boundaries shall not be utilized for determining development standards. Development standards for Tract RA are contained in Table II in this document. There shall be a minimum of 20 feet separation of recreational building(s) from all residential units, B. OFF-STREET PARKING AND LOADING REQUIREMENTS: As required by Division 2.3 of the Collier County Land Development Code in effect at the time of building permit application. IV-l G:\Current\Deselem\PUD Rezones\Bristol Pines PUDZ-2002-AR-3542\PUD documents\PUD document final version 2-27-04.doc ._--~ -- 8A ~ SECTION V PRESERVE AREA 5.1 PURPOSE The purpose of this Section is to set forth the development plan for areas designated as Tract "P", Preserve Area on Exhibit "A", RPUD Master Plan. The primary function and purpose of this Tract is to preserve and protect vegetation and naturally functioning habitats, such as wetlands, including upland buffers, in their natural, and/or enhanced state. 5.2 USES PERMITTED No building or structure or part thereof, shall be erected altered or used, or land used, in whole or in part, for other than the following, subject to the issuance of regional, State and Federal permits, when required: Principal Uses: Open spaces/Nature preserves, Accessory Uses: 1) Water management structures. 2) Mitigation areas, 3) Hiking trails, boardwalks, shelters, or other such facilities constructed for the purposes of passage through or enjoyment of the site's natural attributes, subject to approval by permitting agencies. V-I G:\Current\Deselem\PUD Rezones\Bristol Pines PUDZ-2002-AR-3542\PUD documents\PUD document final version 2-27-04.doc --.----... _. ~o_ SECTION VI 8A ",' DEVELOPMENT COMMITMENTS 6.1 PURPOSE The purpose of this Section is to set forth the development commitments for the development of the project. 6.2 GENERAL All facilities shall be constructed in strict accordance with Final Site Development Plans, Final Subdivision Plans (if required), and all applicable State and local laws, codes, and regulations applicable to this RPUD, Except where specifically noted or stated otherwise, the standards and specifications of Division 3.2 of the Collier County Land Development Code shall apply to this project, even if the land within the RPUD is not to be platted, The Developer, its successors and assigns, shall be responsible for the commitments outlined in this document. These commitments will be enforced through provisions agreed to be included in the declaration of covenants and restrictions, or similar recorded instrument. Such provisions must be enforceable by lot owners against the developer, its successors, and assigns, prior to the development's last final subdivision acceptance, The Developer, its successors or assignee, shall follow the Master Development Plan and the regulations of the RPUD, as adopted, and any other conditions or modifications as may be agreed to in the rezoning of the property. In addition, any successors or assignee in title to the Developer is bound by any commitments within this agreement. These commitments may be assigned or delegated to a condominium! homeowners' association to be created by the Developer. Upon assignment or delegation, the Developer shall be released from responsibility for the commitments, 6.3 RPUD MASTER DEVELOPMENT PLAN A. Exhibit "A", RPUD Master Plan illustrates the proposed development and is conceptual in nature. Proposed tract, parcel, or land use boundaries, or special land use boundaries shall not be construed to be final, and may be varied at any time at any subsequent approval phase such as final platting or site development plan application. Subject to the provisions of Section 2.7.3.5 of the Land Development Code, amendments may be made from time to time. B. All necessary easements, dedications, or other instruments shall be granted to insure the continued operation and maintenance of all services and all common areas in the project. C. The Community Development and Environmental Services Administrator, or his designee, shall be authorized to approve minor changes and refinements to the Bristol Pines RPUD Master Plan upon written request of the Developer. 1) The following limitations shall apply to such requests: a, The minor change or refinement shall be consistent with the Collier County Growth Management Plan (GMP), and the Bristol Pines RPUD document. VI-l G:\Current\Deselem\PUD Rezones\Bristol Pines PUDZ-2002-AR-3542\PUD documents\PUD document final version 2-27-04.doc ~--- -.- -----~ .---.-..--.-- _._~---_._.._---_. BA - ~~f; b, The minor change or refinement shall not constitute a substantial change pursuant to Subsection 2,7,3,5,1. of the Collier County Land Development Code, c, The minor change or refinement shall be compatible with adjacent land uses, and shall not create detrimental impacts to abutting land uses, water management facilities, and Preserve Areas within, or external to the RPUD boundaries, 2) The following shall be considered minor changes or refinements, subject to the limitations of Subsection 6.3,C.l) of this document: a. Reconfiguration of Preserve Areas, jurisdictional wetland limits, and mitigation features as a result of regulatory agency review and permitting. There may be no overall decrease in Preserve Area. b. Reconfiguration of lakes or other water management facilities where such changes are consistent with the criteria of the South Florida Water Management District and Collier County, c. Internal realignment of roadways and interconnection to off-site lands, other than a relocation of access points from publicly maintained roadways (i.e.: State or County roadways), to the RPUD itself, where no water conservation/preservation areas are affected, or otherwise provided for. d, Reconfiguration of residential parcels when there IS no proposed encroachment into Preserve Area, except as provided for in "a." above, 3) Minor changes and refinements, as described above, shall be reviewed by appropriate County staff to ensure compliance with all applicable County Ordinances and regulations prior to the Administrator's consideration for approval. 4) Approval by the Administrator of a minor change or refinement may occur independently from, and prior to any application for Subdivision (if required), or Site Development Plan approval, however, the Administrator, or his designee's approval shall not constitute an authorization for development or implementation of the minor change or refinement without first obtaining all applicable County permits and approvals, VI-2 G:\Current\Deselem\PUD Rezones\Bristol Pines PUDZ-2002-AR-3542\PUD documents\PUD document final version 2-27-04.doc '..-.-..-......,-- .'.---- lBA .~ 6.4 SCHEDULE OF DEVELOPMENTIMONITORING REPORT AND SUNSET PROVISION A. This RPUD is subject to the Sunset Provisions of Section 2,7.3.4 of the Land Development Code. B. An annual RPUD monitoring report shall be submitted pursuant to Section 2.7.3,6 of the Land Development Code and be in the form of an affidavit by the property owner or designated agent. C. The project will be developed in one phase, and is anticipated to impact public facilities with permanent occupancy dwellings in late Fall of 2004. Recreation, including playground facilities, and clubhouse facilities will be constructed simultaneously with the development of the residential product. A proportionate amount of recreation facilities must be open and available to residents prior to the issuance of the first residential dwelling unit permanent certificate of occupancy, 6.5 TRANSPORTATION The development of this RPUD Master Development Plan shall be subject to and governed by the following conditions: A. All traffic control devices, signs, pavement markings and design criteria must be in accordance with Florida Department of Transportation (FDOT) Manual of Uniform Minimum Standards (MUMS), current edition, FDOT Design Standards, current edition, and the Manual On Uniform Traffic Control Devices (MUTCD), current edition, All other improvements must be consistent with and as required by the Collier county Land Development code (LDC) B. Arterial level street lighting must be provided at all development access points. Access lighting must be in place prior to the issuance of the first Certificate of Occupancy (CO), C. Site-related improvements necessary for safe ingress and egress to this project, as determined by Collier County, shall not be eligible for impact fee credits. All required improvements must be in place and available to the public prior to the issuance of the first CO, D. Road impact fees must be paid in accordance with Code of Laws, Chapter 74, as amended, and Division 3.15. LDC, as it may be amended. E. All work within Collier County rights-of-way or public ingress or egress easements shall require a Right-of-way Permit. F. All proposed median opening locations must be in accordance with the Collier County Access Management Policy (Resolution 01-247), as it may be amended, and the LDC, as it may be amended. Collier County reserves the right to modify or close any median opening existing at the time of approval of this RPUD which is found to be adverse to the health, safety and welfare of the public. Any such modifications must be based on, but are not limited to, safety, operational circulation, and roadway capacity. VI-3 G:\Current\Deselem\PUD Rezones\Bristol Pines PUDZ-2002-AR-3542\PUD documents\PUD document final version 2-27-04.doc --~.'" 8 A- If' G, Nothing in any development order shall vest a right of access in excess of a right in/right out condition at any access point. Neither will the existence of a point of ingress, a point of egress or a median opening, nor the lack thereof, shall be the basis for any future cause of action for damages against the County by the developer, its successor in title, or assignee, H. All internal roads, driveways, alleys, pathways, sidewalks and interconnections to adjacent developments must be operated and maintained by an entity created by the developer and Collier Country shall have no responsibility for maintenance of any such facilities. I, If any required turn lane improvement requires the use of existing County right-of- way or easement, compensating right-of-way must be provided without cost to Collier County as a consequence of such improvement. J. If, in the sole opinion of Collier County, a traffic signal, or other traffic control device, sign or pavement marking improvement within a public right-of-way or easement is determined to be necessary, the cost of such improvement shall be borne by the developer and shall be paid to Collier County before the issuance of the first CO, K. This project and all adjacent developments will be encouraged to provide shared access or interconnections, Specifically, but not limited to, this project must be designed to provide interconnection to the property located to the southeast of this site because it is controlled by the same property owner. The developer, or assigns of this project, must assure that any such shared access or interconnection will be utilized and accommodate the perpetual use of such access by incorporating appropriate language into the development covenants or plats, L. The developer shall provide a lO-foot wide shared use path along either the east, or west side of the westerly property line of the development in accordance with recognized standards and safe practices, as determined by the Collier County Transportation Staff. M, This project must, within the time frame set forth below, utilize a local street commonly referred to as Tree Farm Road for its sole access point, when: 1) the developer acquires legal ownership or access to the right-of-way of Tree Farm Road, and the County acquires the 40 feet the ROW acquisition for Tree Farm Road required by the Nicaea Academy PUD, and then the developer alone or with others thereafter immediately constructs Tree Farm Road,; or 2) Tree Farm Road is constructed to the project' s/development' s proposed access point as set forth on the PUD Master Plan on Tree Farm Road, and is lawfully available for use by the project/development. Within six months of the Tree Farm Road access opening, the developer must commence removal of any access or bridge connection to CR 951 at no cost to Collier County, and any access onto Collier Boulevard other than Tree Farm Road must be closed and abandoned. VI-4 G:\Current\Deselem\PUD Rezones\Bristol Pines PUDZ-2002-AR-3542\PUD documents\PUD document final version 2-27-04.doc .-....-.- .._..__._~-_.- 8 A This project's access is subject to additional limitations for any direct access to Collier Boulevard as part of site plan approval. Access along Tree Farm Road will not require compensating right-of-way for an eastbound right turn lane at the future access point. Furthermore, Transportation Staff will support a full median opening at the intersection of CR 951 and Tree Farm Road, or nearby alternate location provided the adjoining property owners agree to dedicate the necessary right-of-way and construct Tree Farm Road in accordance with County standards. This access requirement is consistent with the 40-foot dedication from the Nicaea Academy PUD project that will be dedicated by that project for the entire length of the southern line of the Nicaea Academy PUD property, 6.7 WATER MANAGEMENT The development of this RPUD Master Development Plan shall be subject to and governed by the following conditions: A. Detailed paving, grading and site drainage plans shall be submitted to Engineering Review Services for review and approval. No construction permits shall be issued unless and until Planning Services Staff grants approval of the proposed construction in accordance with the approved plans, B. An excavation permit will be required for the proposed lakes in accordance with the Collier County Land Development Code and South Florida Water Management District Rules. C. The project must obtain a Surface Water Management Permit from the South Florida Water Management District prior to any site development plan approval. 6.8 UTILITIES The development of this RPUD Master Development Plan shall be subject to and governed by the following conditions: A. Water distribution and sewage collection and transmission facilities to serve the project are to be designed, constructed, conveyed, owned, and maintained in accordance with Collier County Ordinance No, 97-17, as amended, and other applicable County rules and regulations. B. All customers connecting to the water distribution and sewage collection facilities will be considered to be customers of the County, and will be billed by the County in accordance with the County's established rates, C, The development will be subject to application for and conditions associated with a water and sewer availability letter from Collier County Utilities Division, D. Sewer availability is subject to construction and placement into service of a proposed 16" force main along Collier Boulevard, VI-5 G:\Current\Deselem\PUD Rezones\Bristol Pines PUDZ-2002-AR-3542\PUD documents\PUD document final version 2-27-04.doc ~'-----'"-- ._--,~- .._.._-......-.._--_._--.~-.-,~. 8 A~ ~. (II 6.9 ENVIRONMENTAL 'j The development of this RPUD Master Development Plan shall be subject to and governed by the following conditions: A. Environmental permitting shall be in accordance with the State of Florida Environmental Resource Permit Rules, and be subject to review and approval by Environmental Services Staff. Removal of exotic vegetation shall not be counted toward mitigation for impacts to Collier County jurisdictional wetlands, B, All conservation areas shall be designated as conservation/preservation tracts or easements on all construction plans, and shall be recorded on the plat with protective covenants per, or similar to, those found in Section 704,06, of the Florida Statutes, Conservation areas shall be dedicated on the plat to the project's homeowner's association or like entity for ownership and maintenance responsibility and to Collier County with no responsibility for maintenance, C. Where possible, natural buffers shall be provided around wetlands, extending at least fifteen (15) feet landward from the edge of the wetland preserves in all places, and average twenty-five (25) feet from the landward edge of wetlands, Where natural buffers are not possible, structural buffers shall be provided in accordance with the State of Florida Environmental Resource Permit Rules, D, Development must comply with the guidelines and recommendations of the U.S, Fish and Wildlife Service (USF&WS) and the Florida Fish and Wildlife Conservation Commission (FFWCC) regarding potential impacts to "listed species". Where protected species are observed on site, a Habitat Management Plan for those protected species, or their habitats shall be submitted to Environmental Services Staff for review and approval prior to final site plan/construction plan approval. E, An exotic vegetation removal, monitoring, and maintenance (exotic-free) plan for the site, with emphasis on the conservation/preservation areas, shall be submitted to En vironmental Services Staff for reVIew and approval pnor to final site plan/construction plan approval. This plan shall be implemented on a yearly basis at minimum, or more frequently when required to effectively control exotics, and shall include methods and a time schedule for removal of exotic vegetation from within conservation/preservation areas. F. The RPUD shall be consistent with the environmental sections of the Collier County Growth Management Plan, Conservation and Coastal Management Element and the Collier County Land Development Code in effect at the time of final development order approval. G. All approved Agency (SFWMD, ACOE, FFWCC) permits shall be submitted prior to final Plat/Construction Plan approval. 6.10 ACCESSORY STRUCTURES Accessory structures may be constructed simultaneously with, or following the construction of the principal structure, except for the clubhouse facilities, a construction operation/management office, and model center, which may be constructed after zoning approval. VI-6 G:\Currem\Deselem\PUD Rezones\Bristol Pines PUDZ-2002-AR-3542\PUD documents\PUD document final version 2-27-04.doc ._---~. -----.-'".,'-...- 8 A-- ',,;. i~ 6.11 SIGNS All signs shall be in accordance with Division 2,5 of Collier County's Land Development Code in effect at the time of Site Development Plan approval. 6.12 LANDSCAPE BUFFERS, BERMS, FENCES AND WALLS Landscape buffers, berms, fences and walls are generally permitted throughout the Bristol Pines RPUD. The following standards shall apply: A. Landscape berms may have the following maximum side slopes: 1) Grassed berms 4: 1 2) Ground covered berms 3: 1 B, Retaining wall and buffer wall maximum height: The retaining wall must not exceed 24 inches, and the total of retaining wall and fence cannot exceed 8 feet in height as measured from the finished grade, a deviation from LDC Section 2.6.11.6" to allow wall height to be measured from finished grade rather than existing grade, of the ground at the base of the wall. For the purpose of this provision, finished grade shall be considered no greater than 18 inches above the crown elevation of the nearest existing road, unless the wall is constructed on a perimeter landscape berm C. Landscape buffer plantings must be placed outside of the wall locations, a deviation from LDC Sections 2,6.11.4,2. and 2,6,11.5. that require fences in all zoning districts to be screened from view, Chain link fencing is prohibited; the developer must provide perimeter walls. D, Pedestrian sidewalks, bike paths, water management facilities and structures may be allowed in landscape buffer areas, provided that the landscape buffer area is increased by an equivalent width. 6.13 LANDSCAPING FOR OFF-STREET PARKING AREAS All landscaping for off-street parking areas shall be in accordance with Division 2.4 of the Collier County Land Development Code in effect at the time of building permit application. 6.14 POLLING PLACES Pursuant to Section 2.6.30 of the Land Development Code, provision shall be made for the future use of building space within common areas for the purposes of accommodating the function of an electoral polling place, only if requested by the Supervisor of Elections. An Agreement between the Developer and the Supervisor of Elections for the provision of polling places shall be recorded in the official records of the Clerk of the Circuit Court of Collier County, which shall be binding upon any and all successors in interest that acquire ownership of such common areas including homeowners' associations. VI-7 G:\Current\Deselem\PUD Rezones\Bristol Pines PUDZ-2002-AR-3542\PUD documents\PUD document final version 2-27-04.doc --.--.--- -,..,_... .-. -._--_._._.~,. ~8A --'_1""'__----- ~'_r_l'__.., ~lW - . . . ~~Iir\~"''''.. ...... I'N"W aalS;WV altJM - -- .,., - -~VJml - - - g.J/d TJ).~/fJf] .-... ...... _ 111 :rIUN:VI.JItJ1Or ~V~ _ _ :- -- ....- - --..,..,..,-.-..-.............-----... -....... uVu ~ISIHX3 II A, AllRlCILlIlRf; (\IIIDEIonOl'ED} 18 H II I . . . . . . . . .. ~...... . , . . . J . .. , . .. I 2.\,' , . .. , ~ I ,'..... ',....' I" ,....'....,. I Ii" Ii I I ,.. .., ....,.., II !f! Ii r.l- ~ ~i~!;} ~~~ w If lI!lI! 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II I '.11' , I~ il.i........~.~9.. ! I 0; , , !,.<...... i III!I , , " ! II ! I' ! I \: I" I I ~ . I II . :.. . , . . " . " Bi~ ,i 'I ' I ~ !U ! I --'-_ '" ! , " I ' , _,_._" - '~~:,~ --'-. ., - - CflUNrr 1IIIU _ _ '~:m J ~ ___ I-;:r. / ..t"l.. 8 A ~~ !;' R 26 E HERITAGE BAY T::RAFlNA MIRASOl 16 1S 14- 13 OA VINCI ESTA'ltS IN ~E C't1'RESS MIRASOL en HERITAGE BAY en 21 22 23 24- OLDE C't1'RESS ex) ex) -.::t -.::t 8 ~ ~ RICHlAND 0 u a: VI ::> I- !!i 5 I- 2S ISLANDWAU< DRI 33 36 VANDERBILT BEACH ROAD PRCdcM 0 0 ~ ~ en ~ en a a m m 4- 3 2 1 :( GOLDEN GA'It ESTA'ltS II: GOLDEN GATE EST A TES GOLDEN GATE ESTATES GOLDEN GATE ~ 8 ESTATES UNIT 2 UNIT 3 UNIT 6 0') ...J UNIT 95 0') -.::t -.::t GOLDEN G"TE BOULEV"RD l- I- R 26 E DATE: CLIENT: nWT1\Nc. . JUL Y, 2002 WATERWAYS AT HIBISCUS, LTD. SCA!..E: Engineers, N.T.S. CONSULTING Surveyors & Mappers, ORAWN BY: TITLE: BRISTOL PINES PUD ..a. ... YY..L .... Planners, Project Managers D.H.N. 3050 North Horseshoe Drive, Suite 270 CHECKED BY: VICINTY MAP Naples, Rorida 34 104 Phone: (239) 649-1509 s~c: TWP, ROE: PROJECT 02-0151.01 I SHEET 1 1 "IL" FAX: (239) 649-7056 35 48S 26E NUMBER: NUMBER: OF NU ~BER:20151 X01-VlON-MAP 8 A ......., .~ 0 < 0 c: z ~ Vl to z C,R. 846) ~ N~PLES IMMOK~LEE ROAD C.R. 846 :;;: LAUREL O~K GULF COAST @) ELEMENT~RY SCHOOL HIGH SCHOOL vi NORTH COUNTY REGIONAL/ @) @ , ~~r~'~ ,~= , OAK RIDGE 0 c: c: S MIDDLE SCHOOL ~ to Z ~ < z~ Cl ~ 3n V> -< ~ K~ 0 z ~ ?~ '" ~ c: 0 < 0 ~ @ DISTRICT ". ~ NORTH NAPLES 0 SUBSTATION VANDERBILT BEAC c: VANDERBI T BEACH ROAO EXT. < > w --' Vi is ., III Ii '" c: ~ c: w GOLDEN GATE FIRE < ~ > CONTROL 01< RESCUE w '" --' u DISTRICT SlATION 71 c: => ~ 0 0 GOLDEN GATE BOULEVARD @ w < III ~ 0 z ;;; c: < '" to OJ Z g ri '" ~ z Vl 0 '" " c: z ... s: OJ PINE RIDGE ROAD C.R. 896) PINE RIDGE ROAD EXT.(C.R. B96) WHITE BOULEVARD 9 OJ on t ... ~ GR EEN BOULEVARD ~ ~ :0: 0 Vl '" c: < w c: vi 0 >- < c: ;;; > 2- '" z --' => --' ~ 0 ;;' Vl III f" " ;; z s: ,. ri OJ < '" ~ ~ '" < 0 a: 0 " < 0 @ COLLIER COUNT't' WATER-SEWER DISTRICT z c: :3 z SOUTH WATER TREATMENT FACILlT't' => ~ "- ..!. V> " c: z COLLIER COUNTY 0 s: "- OJ LANDFILL @ c: < RADIO ROAO (C.R. 856 Feb 05. 2003 - 09:30:18 P:\20C2 Projects\02-0151.01 Bristol Pines PUD\ 0003 Rezoning Application Support\ Public Facilities\20 151 X02,dwg OAT", CLIENT: BRISTOL PINES PUD nw T Ame En~eers, FEB., 2003 seAl.L N.T.S. CONSULTING Surve)'ors & Mappers, DRAWN BY: TITLE: PUBLIC FACILITIES MAP --- '" y 'f..L ..IL Planners, Project Managers AS 3050 NOIth Horseshoe Drive, Suite 270 CHECKED BY: EXHIBIT E Naples. Florida 34104 D.H.N. Phone: (239) 649-1509 SEe: lWP: RGE: PROJECTO 2 01 51 01 SHEET 1 1 ~1.j~8ER: 20151 XO FAX: (239) 649-7056 35 485 26:: NUM8::R: - . NUM8::R: OF --""'-'- -- . 8 A'~; y ,~ AGREEMENT AUTHORIZING AFFORDABLE HOUSING - DENSITY BONUS AND IMPOSING COVENANTS AND RESTRICTIONS ON REAL PROPERTY THIS AGREEMENT is made as of the day of , 2004, by and between Waterways Joint Venture IV. a Florida qeneral partnership (the "Developer") and the Collier County Board of County Commissioners (the "Commission"), collectively, the "Parties." RECITALS: A. The Developer owns a tract of real property described in Exhibit "A" attached hereto and incorporated herein (The "Property"). It is the Developers intent to construct a maximum of one hundred fifty nine (159) residential units (the "Units") at a density of 6.98 units per gross acre on the Property. The gross acreage of Property is 22.77 acres. The number of affordable Units constructed by Developer shall be .1Q, representing 10.06 percent of the total number of residential Units in the development. B. In order to construct the Units, the Developer must obtain a density bonus from the Commission for the Property as provided for in the Collier County Affordable Housing Density Bonus Ordinance No. 90-89, now codified by Ordinance 93-89, 9 3, as Land Development Code (LDC) 9 2.7.7. et seq., which density bonus can only be granted by the Commission and utilized by the Developer in accordance with the strict limitations and applicability of said provisions. C. The Commission is willing to grant a density bonus to the Developer authorizing the construction of sixty eiqht (68) bonus Units on the Property, if the Developer agrees to construct affordable Units as specified in this Agreement. NOW, THEREFORE, in consideration of the approval and granting of the density bonus of three (3) units per acre requested by the Developer and the benefits conferred thereby on the Property, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Developer and the Commission hereby covenant and agree as follows: 1. Recitals. The above Recitals are true and correct and are incorporated herein by reference. 2. Developer Aqreements. The Developer hereby agrees that it shall construct sixteen (16) affordable Units which Units shall be sold in accordance with the terms and conditions of this Agreement and as specified by the attached Appendices A & B, Exhibits A, B, & C, and Appendix C, which Appendices are incorporated by reference herein and which constitute a part of this Agreement. Page 1 of 20 __.~'__._'m_..'_ H_;,...._~_._._ _..~___m_"__....~____~~.,__ '__"'__._m___ 8 A ...., .~ - a. The following provisions shall be applicable to the affordable Units: (1 ) Defined terms: In the event of a conflict between terms as defined in the LDC or in Ordinance No. 90-89, Section 4, the definitions of the LDC will control when applying or interpreting this Agreement. In addition to these defined terms and the applicability of LDC 9 2.7.7.4.5., "Phasing" shall mean (a) the phased construction of buildings or structures in separate and distinct stages as shown on a PUD master plan, subdivision master plan or site development plan; or (b) in developments where phased construction is not depicted on a PUD master plan, subdivision master plan or site development plan, the construction of buildings or structures in a clearly defined series of starts and finishes that are separate and distinct within the development. (2) Median Income. For the purposes of this Agreement, the median income of the area as defined by the U.S. Department of Housing and Urban Development (HUD) shall be the then current median income for the Naples Metropolitan Statistical Area, established periodically by HUD and published in the Federal Register, as adjusted for family size as shown on the tables attached hereto as Appendix A, Exhibit C, which Exhibit shall be adjusted from time to time in accordance with any adjustments that are authorized by HUD or any successor agency. In the event that HUD ceases to publish an established median income as aforesaid, the Parties hereto shall mutually agree to another reasonable and comparable method of computing adjustments in median income. (3) EIiQibilitv and Qualification of Owner. Family income eligibility is a three-step process: 1) submittal of an application by a prospective Owner; 2) verification of family housing unit provided under the affordable housing density bonus program prior to being qualified at the appropriate level of income (moderate income) in accordance with this Section; 3) certification of eligible Owner by the Financial Administration and Housing Department. The Developer shall be responsible for qualifying Owners by accepting applications, verifying income and obtaining income certification for all affordable units in the subject development. All applications, forms and other documentation required by this Agreement shall be provided to the Financial Administration and Housing Department. Qualification by the Developer of any persons as an eligible Owner family shall be subject to review and approval in accordance with the monitoring and enforcement program created and adopted by Resolution of the Commission in LDC 99 2.7.7.5. and 2.7.7.6., respectively. (a) Application. A potential owner shall apply to the developer, owner, manager, or agent to qualify as a low income family for the purpose of owning and occupying an affordable housing unit pursuant to the affordable housing density bonus Page 2 of 20 .._...-",-.- "~--''''~.__.."- 8A f'" - program. The Preliminary Application for Affordable Housing Unit shall be provided by the Financial Administration and Housing Department as shown in Appendix 8, Exhibit A, attached to this Agreement and incorporated by reference herein. (b) Income Verification and Certification. No affordable housing Unit in the development shall be sold whose household income has not been verified and certified in accordance with this Agreement and LDC ~ 2.7.7.5.2. (c) Income Verification. The Developer shall obtain written verification from the potential occupant (including the entire household) to verify all regular sources of income (including the entire household). The most recent year's federal income tax return for the potential occupants (including the entire household) may be used for the purpose of income verification, attached to the Affordable Housing Applicant Income Verification form, including a statement to release information, occupant verification of the return, and a signature block with the date of application. The verification shall be valid for up to one hundred eighty (180) days prior to occupancy. Upon expiration of the 180 day period, the information may be verbally updated from the original sources for an additional 30 days, provided it has been documented by the person preparing the original verification. After this time, a new verification form must be completed. The Affordable Housing Applicant Income Verification form shall be provided by the Financial Administration and Housing Department as shown in Appendix 8, Exhibit 8, attached to this Agreement and incorporated by reference herein. (d) Income Certification. Upon receipt of the Preliminary Application for Affordable Housing Unit and Affordable Housing Applicant Income Verification form, the Developer shall require than an income certification form be executed by the potential occupant (including the entire household) prior to occupancy of the affordable housing unit by the occupant. Income certification shall assure that the potential occupant has an appropriate household income which qualifies the potential occupant as an eligible family to occupy an affordable housing unit under the affordable housing density bonus program. The Affordable Housing Applicant Income Certification form shall be provided by the Financial Administration and Housing Department as shown in Appendix 8, Exhibit C, is attached to this Agreement and is incorporated by reference herein. Random inspection of files containing required documentation to verify occupancy in accordance with this Agreement and LDC ~ 2.7.7., may be conducted by the Financial Administration and Housing Department upon reasonable notice. (4) Annual Proqress and Monitorinq Report. The Developer shall provide the Financial Administration and Housing Department an annual progress and monitoring report regarding the delivery of affordable housing units throughout the period of their construction and occupancy. The annual progress and monitoring report shall, at a Page 3 of 20 -- ..__. 8 A~ it ,'\tft -~ '\~ ~ minimum, provide any information reasonably required to insure compliance with LDC S 2.7.7., or subsequent amendments thereto. The report shall be filed on or before September 30 of each year and the report shall be submitted by the Developer to the Financial Administration and Housing Department. Failure to complete and submit the monitoring report to the Financial Administration and Housing Department within sixty (60) days from the due date shall result in a penalty of up to fifty dollars ($50.00) per day unless a written extension not to exceed thirty (30) days is requested prior to expiration of the sixty (60) day submission deadline. No more than one such extension may be granted in a single year. (5) Occupancy Restrictions. No Affordable Unit in any building or structure on the Property shall be occupied by the Developer, any person related to or affiliated with the Developer, or by a resident manager. 3. Density Bonus. The Commission hereby acknowledges that the Developer has met all required conditions to qualify for a density bonus, in addition to the base residential density of four (4) units per acre, and is therefore granted a density bonus of three (3) density bonus units per acre, for a total density (total = density bonus units per acre X gross acreage) of seven (7) units/ac, pursuant to LDC S 2.7.7. The Commission further agrees that the Developer may construct thereon, in the aggregate a maximum number of one hundred fifty nine (159) units on the Property provided the Developer is able to secure building permit(s) from Collier County. 4. Commission AQreement. During the term of this Agreement, the Commission acting through the Financial Administration and Housing Department or its successor(s) covenants and agrees to prepare and make available to the Developer any general information that it possesses regarding income limitations and restrictions which are applicable to the affordable Unit. 5. Violations and Enforcement a. Violations. It shall be a violation of this Agreement and LDC S 2.7.7. to sell or occupy, or attempt to sell or occupy, an affordable housing unit provided under the affordable housing density bonus program except as specifically permitted by the terms of this Agreement; or to knowingly give false or misleading information with respect to any information required or requested by the Financial Administration and Housing Department or by any other persons pursuant to the authority which is delegated to them by LDC S 2.7.7. Collier County or its designee shall have full power to enforce the terms of this Agreement. The method of enforcement for a breach or violation of this Agreement shall be at the option of the Commission by criminal enforcement pursuant to the provisions of Section 125.69, Florida Statutes, or by civil enforcement as allowed by law. Page 4 of 20 _._.____~~_m_._ 8 A-'~ ,,. b. Notice of Violation for Code Enforcement Board ProceedinQs. Whenever it is determined that there is a violation of this Agreement or of LDC S 2.7.7., that should be enforced before the Code Enforcement Board, then a Notice of Violation shall be issued and sent by the appropriate department by certified return-receipt requested U.S. Mail, or hand-delivery to the person or developer in violation. The Notice of Violation shall comply with the requirements for such Notices. c. Certificate of Occupancy. In the event that the Developer fails to maintain the affordable units in accordance with this Agreement or LDC S 2.7.7., as amended, at the option of the Commission, building permits or certificates of occupancy, as applicable, may be withheld for any future planned or otherwise approved unit located or to be located upon the Property until the entire project is in full compliance with this Agreement and with LDC S 2.7.7., as amended. 6. AssiQnment by Commission. The Commission may assign all or part of its obligations under this Agreement to any other public agency having jurisdiction over the Property provided that it gives the Developer thirty (30) days advance written notice thereof. The Developer may not assign, delegate or otherwise transfer all or part of its duties, obligations, or promises under this Agreement to any successor in interest to the Property without the express written consent of the Commission, which consent may be withheld for any reason whatsoever. Any attempt to assign the duties, obligations, or promises under this Agreement to any successor in interest to the Property without the express written consent of the Commission as required by this Section shall be void ab initio. 7. Severability. If any section, phrase, sentence or portion of this Agreement is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision, and all other provisions shall remain effective and binding on the Parties. 8. Notice. Any notices desired or required to be given under this Agreement shall be in writing and shall either be personally delivered or shall be sent by mail, postage prepaid, to the Parties at the following addresses: To the Commission: Collier County Financial Administration and Housing Department 2800 North Horseshoe Drive Naples, Florida 34104 To the Developer: Waterways Joint Venture IV 914 Grand Rapids Boulevard Naples, Florida 34120 Attention: Richard Davenport Page 5 of 20 .-,- - --"~.".._.._... .----.-- ._--~--".- 8A .11 With copy to: Richard D. Yovanovich, Esquire Goodlette, Coleman & Johnson, P.A. 4001 North Tamiami Trail, Suite 300 Naples, Florida 34103 Any Party may change the address to which notices are to be sent by notifying the other Party of such new address in the manner set forth above. 9. Authoritv to Monitor. The Parties hereto acknowledge that the Collier County Financial Administration and Housing Department or its designee, shall have the authority to monitor and enforce the Developer's obligations hereunder. 10. Indemnify. The Developer hereby agrees to protect, defend, indemnify and hold Collier County and its officers, employees, and agents harmless from and against any and all claims, penalties, damages, losses and expenses, professional fees, including, without limitation, reasonable attorney's fees and all costs of litigation and judgments arising out of any claim, willful misconduct or negligent act, error or omission, or liability of any kind made by Developer, its agents or employees, arising out of or incidental to the performance of this Agreement. 11. Covenants. The Developer agrees that all of its obligations hereunder shall constitute covenants, restrictions, and conditions which shall run with the land and shall be binding upon the Property and against every person then having any ownership interest at any time and from time to time until this Agreement is terminated in accordance with Section 14 below. However, the Parties agree that if Developer transfers or conveys the Property to another person or entity, Developer shall have no further obligation hereunder and any person seeking to enforce the terms hereof shall look solely to Developer's successor in interest for the performance of said obligations. 12. RecordinQ. This Agreement shall be recorded at Developer's expense in the official records of Collier County, Florida. 13. Entire AQreement. The Parties hereto agree that this Agreement constitutes the entire Agreement between the Parties hereto and shall inure to and be binding upon their respective heirs, successors, and assigns. 14. Termination. Each affordable housing unit shall be restricted to remain and be maintained as the required affordable housing as provided in the LDC 92.7.7.4.1.9. 15. Modification, This Agreement shall be modified or amended only by the written agreement of both Parties. 16. Discrimination. a. The Developer agrees that neither it nor its agents shall discriminate against any owner or potential owner because of said owners race, color, religion, sex, national origin, familial status, or handicap. Page 6 of 20 ,--,-, ~-._-~......""-_._, ---.....- ; 8 A --_ b. When the Developer advertises, sells or maintains the affordable housing unit, it must advertise sell, and maintain the same in a non-discriminatory manner and shall make available any relevant information to any person who is interested in purchasing such affordable housing unit. c. The Developer agrees to be responsible for payment of any real estate commissions and fees for which it is liable in the purchase and sale of affordable units. e. The affordable housing units shall be intermixed with, and not segregated from, the market rate dwelling units in the development. f. The square footage, construction and design of the affordable housing units shall be the same as market rate dwelling units in the development. All physical amenities in the dwelling units, as described in item number seven (7) of the Developer Application for Affordable Housing Density Bonus shall be the same for market rate units and affordable units. For developments where construction takes place in more than one phase, all physical amenities as described in item number seven (7) of the Developer Application for Affordable Housing Density Bonus shall be the same in both the market rate units and the affordable units in each phase. Units in a subsequent phase may contain different amenities than units in a previous phase so long as the amenities for market rate units and affordable units are the same within each phase and provided that in no event may a market rate unit or affordable unit in any phase contain physical amenities less than those described in the Developer Application. 17. Phasinq. The percentage of affordable housing units to which the Developer has committed for the total development shall be maintained in each phase and shall be constructed as part of each phase of the development on the Property. Developer commits to 1Q percent affordable housing units for this project, with 1Q percent of the units in each phase as built consisting of affordable units. 18. Disclosure. The developer shall not disclose to persons, other than the potential buyer or lender of the particular affordable housing unit or units, which units in the development are designated as affordable housing units. 19. Consistency. This Agreement and authorized development shall be consistent with the Growth Management Plan and land development regulations of Collier County that are in effect at the time of development. Subsequently adopted laws and policies shall apply to this Agreement and to the development to the extent that they are not in conflict with the number, type of affordable housing units and the amount of affordable housing density bonus approved for the development. Page 7 of 20 _.__..--- __'___0'''_ 8 A~ A .~ . ,". , - ':~ ~~ft ,\~~ "-.,1 20. Affordable Housinq Densitv Bonus Development Aqreement. This Agreement is a distinct and separate agreement from "development agreements" as defined by Section 163.3220, Fla. Stat., as amended. 21. Preapplication. Developer has executed and submitted to the Development Services Department the Developer Application for Affordable Housing Density Bonus, a copy of which is attached to this Agreement as Appendix C and incorporated by reference herein. 22. Governinq Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. 23. Further Assurances. The Parties hereto shall execute and deliver, in recordable form if necessary, any and all documents, certificates, instruments, and agreements which may be reasonably required in order to effectuate the intent of the Ag reement. Such documents shall include but not be limited to any document requested by the Developer to exhibit that this Agreement has terminated in accordance with the provisions of paragraph 14 above. IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed as of the day and year first above written. ATTEST: """""," " - 'I DWIG~\~;~'.~~~~,\,Clerk BOARD OF COUNTY COMMISSIONERS , ,",. /" ..;~".. :_, . "'P, " -j; "? ~-~ _ ...., . ~''::'''->''''::\~\'n ~ ~~ ..;. ~', ,/ I:->\\'l'/:;,'''--<:'' ." -'''!.~ COLLIER UNTY, FLORI A ' ~",,:" 10 ",' 'p -,' I ...."".~ "" , .. ._ ~tt - If', - "i. ,', ,,/1 .. :2" \.'..1, \''','a' .' ~ ~ c... ::!... ... -'- ~,. ~::.. . .. Dep~'G~J ':>~'. ; ~ E __~ _",-. _ ~ '.! I ? "'. ''''~ _,.r. "'~"'!:) .,~ Attrit" .;.\0 Oili ..' }~/ By: s t gn'fol"'iii'~'~ s , ,~ilt-";' ... \\\" $Jt;fJrtt.Ht:'\\!, ' Patrick G. hite Assistant County Attorney r'~-- I "'"' .-~8~=~~'-1 ~ r. I t9..:~':i:..o.H!! I G"" ! ~"",~,,' --l ~ - ? '"" ~ LQ~I ~~"i ,-...,) ......' :'- ,1 'I Page 8 of 20 - '~""'''-" ~",~"..~ -" ~ ^-------.-- <>~"._..- -,- 8 A~; :,.:t~1 DEVELOPER: WATERWAYS JOINT VENTURE IV, a Florida general partnership By: Waterways at Hibiscus, Ltd., a Florida limited partnership Witnesses: its general partner By: Waterways Development, Inc. Witness a Florida corporation Printed Name its General Partner By: Witness Richard Davenport, President Printed Name STATE OF FLORIDA ) COUNTY OF COLLIER ) The foregoing Agreement Authorizing Affordable Housing Density Bonus And Imposing Covenants And Restrictions On Real Property was acknowledged before me by Richard Davenport as President of Waterways Development, Inc. general partner of Waterways at Hibiscus, Ltd., general partner of Waterways Joint Venture IV, who is personally known to me or has prod uced as identification. WITNESS my hand and official seal this day of , 2004. Notary Public My Commission Expires: Page 9 of 20 ---~- ...-.-..---------. SA' APPENDIX A. EXHIBIT A NUMBER OF AFFORDABLE HOUSING UNITS/MONTHLY BASE RENTS NUMBER OF UNITS BASE RENT Single Multi Single Multi F amil y Family Family Family LOW INCOME (60% MI) Efficiency 1 Bedroom 2 Bedroom 3 Bedroom 16 4 Bedroom TOTAL 16 VERY LOW INCOME (50% MI) Efficiency 1 Bedroom 2 Bedroom 3 Bedroom 4 Bedroom TOTAL VERY-VERY LOW INCOME (25%-50% MI) Efficiency 1 Bedroom 2 Bedroom 3 Bedroom 4 Bedroom TOTAL (1) Base residential density allowed in this development 4 units/acre. (2) Gross acreage 22.77 (3) Maximum number of affordable housing density bonus units allowed in this development pursuant to Section 7 Ordinance 90-89. 3 units/acres. (4) Gross residential density of this development (including affordable housing density bonus units) 6.98 units/acre. (5) Percentage of affordable units pledged by the developer (as a percent of the total number units in the development) 10.06 %. (6) The initial sales price and any subsequent sales price within these fifteen (15) years for any affordable housing unit may not exceed the maximum home sales price set by the Florida Housing Finance Corporation and adopted by the Collier County Board of County Commissioners in the Collier County Local Housing Assistance Plan. Page 10 of 20 8 A'~ ;1. APPENDIX A. EXHIBIT B AFFORDABLE HOUSING DENSITY BONUS RATING SYSTEM LDC S 2,7,7,3., provides for calculation of a density bonus for developers pledging to construct affordable units within their development. Included in this Exhibit B are instructions for and the tables with which to calculate the density bonus for a particular project. Exhibit C contains the current median income and acceptable rents for low and very low income households in Collier County. The affordable housing density bonus rating system shall be used to determine the amount of the affordable housing density bonus which may be granted for a development based on household income level, number of bedrooms per affordable housing unit, type of affordable housing units (owner-occupied or rental, single-family or multi-family) and percentage of affordable housing units in the development. To use the affordable housing density bonus rating system, Tables A and B, below, shall be used. Tables A and B shall be reviewed and updated if necessary on an annual basis by the Board of County Commissioners or its designee. First, choose the household income level (moderate, low, or very low) of the affordable housing unites) proposed in the development, and the type of affordable housing units (owner-occupied or rental, single-family or multi-family, where applicable) to be provided, as shown in Table A. Then, referring again to Table A, choose the number of bedrooms proposed for the affordable housing unites). An affordable housing density bonus rating based on the household income level and the number of bedrooms is shown in Table A. After the affordable housing density bonus rating has been determined in Table A, locate it in Table B, and determine the percent of that type of affordable housing unit proposed in the development compared to the total number of dwelling units in the development. From this determination, Table B will indicate the maximum number of residential dwelling units per gross acre that may be added to the base density. These additional residential dwelling units per gross acre are the maximum affordable housing density bonus (AHDB) available to that development. Developments with percentages of affordable housing units which fall in between the percentages shown on Table B shall receive an affordable housing density bonus equal the lower of the two percentages it lies between plus 1/10th of a residential dwelling unit per gross acre for each additional percentage of affordable housing rental units in the development. For example, a development which has 24% of its total residential dwelling units as affordable housing units, and which has an affordable housing density bonus rating of "four" will receive an affordable housing density bonus (AHDB) of 4.4 residential dwelling units per gross acre for the development. Where more than one type of affordable housing unit (based on level of income and number of bedrooms shown in Table A) is proposed for a development, the affordable housing density bonus for each type shall be calculated separately in Table B. After the affordable housing density bonus calculations for each type of affordable housing unit have been completed in Table B, the affordable housing density bonus for each type of unit shall be added to those for the other type( s) to determine the maximum affordable housing density bonus available for the development. In no event shall the affordable housing density bonus exceed eight (8) dwelling units per gross acre. Page 11 of 20 __'..u. "'_._'~-_.,,--~- 8 A.~. ',Ii. , r1) APPENDIX A. EXHIBIT B AFFORDABLE HOUSING DENSITY BONUS RATING SYSTEM Please calculate your density bonus in the space provided below. Attach additional pages if necessary. T ABLE A: AFFORDABLE HOUSING DENSITY BONUS RATING LEVEL NUMBER OF BEDROOMSIUNIT OF HOUSEHOLD INCOME EFFICIENCY 2 3 OR AND 1 MORE - MODERA TE (OWNER-OCCUPIED, 0 1* 1 * SINGLE-FAMIL Y) LOW (OWNER-OCCUPIED OR RENTAL 2 3 4 SINGLE-F AMIL Y OR MUL TI- FAMIL Y) VERY LOW (OWNER OCCUPIED OR RENTAL, SINGLE-FAMILY OR MULTI-FAMIL Y) 3 4 5 *For cluster housing developments in the Urban Coastal Fringe, add 1 density bonus to obtain 2. TABLE B: AFFORDABLE HOUSING DENSITY BONUS (ADDITIONAL A V AILABLE DWELLING UNITS PER GROSS ACRE) AFFORDABLE HOUSING % OF AFFORDABLE HOUSING UNITS DENSITY BONUS RATING 10% 20% 30% 40% 1 0 0 1 2 2 0 1 2 3 3 2 3 4 5 4 3 4 5 7 5 4 5 7 8 Page 12 of 20 ~'.._---.._-- _.,.".._,,,,..,,_~__w_,,._._'. 8 A~ , "- APPENDIX A. EXHIBIT C INCOME AND RENT LEVELS FOR THE LOW AND MODERATE INCOME. Pursuant to the Impact Fee Ordinances, adopted by the Board of County Commissioners, December 16, 1992, moderate income is 61 % to 80% of the median income, low income is 51 % to 60% of the median income and very low income is less than 50% of the median income. MEDIAN INCOME 2001 $65,000 Naples, MSA (Collier County) NUMBER OF MEMBERS IN F AMIL Y 1 ~ J. ~ ~ 6 7 ~ 100% 45,500 52,000 58,500 65,000 70,200 75,400 80,600 85,800 80% 36,400 41,600 46,800 52,000 56,150 60,300 64,500 68,650 60% 27,300 31,200 35,100 39,000 42,100 45,200 48,400 51,500 50% 22,750 26,000 29,250 32,500 35,100 37,700 40,300 42,900 35% 15,925 18,200 20,475 22,750 24,570 26,390 28,210 30,030 25% 11,375 13,000 14,625 16,250 17,550 18,850 20,150 21,450 RECOMMENDED RENTAL RATES The Florida Housing Finance Corporation (FHFC) calculates rents to use in the State Apartment Incentive Loan (SAIL) and the Low-Income Rental Housing Tax Credit (LIHTC) programs. The rents given below are based on 2001 data from FHFC. Utility costs are provided from the County's Section 8 Rental Assistance Program which is administered by the Collier County Housing Authority. HOUSING COSTS BASED ON 30% F AMIL Y INCOME ONE BEDROOM TWO BEDROOMTHREE BEDROOMFOUR BEDROOM UNIT UNIT UNIT UNIT 100% 1,218 1,462 1,690 1,884 80% 975 1,170 1,351 1,507 60% 731 877 1,014 1,131 50% 609 731 845 942 35% 426 511 591 659 25% 304 365 422 471 UTILITY ALLOWANCES ONE BfR TWOBfR THREE BfR FOURBfR LOCA TION UNIT UNIT UNIT UNIT Naples and Coastal Collier County 71.00 91.00 128.00 156.00 Immokalee and East of Everglades Blvd. 67.00 106.00 148.00 173.00 Golden Gate 96.00 144.00 186.00 211.00 YOU MUST DEDUCT UTILITIES TO CALCULATE NET RENTS. f/densitybonus/inc&rent rev. 4/ Page 13 of 20 -,- 8A APPENDIX B. EXHIBIT A PRELIMINARY APPLICATION FOR AFFORDABLE HOUSING UNIT Date Occupancy Desired: Date of Application: Amt. Of Sec. Deposit:_ Your Name: RacelNational Origin: Handicap: Yes _ No_ Co- Tenant Name RacelNational Origin: Handicap: Yes _ No_ Present Address: Street City State Zip Telephone No. Name of Landlord How Long at this Address: Landlord's Address: Street City State Zip Telephone No. If you have resided at your present address less than 3 years, please state previous address: Street City State Zip Telephone No. Name of Previous Landlord Street City State Zip Telephone No, APPLICANT: Present Employers Name Address and Telephone No, How long with Present Employer: Job Title Gross Salary: Hourly $_ Weekly $_ Every 2 Weeks $ Monthly $ Social Security Number Birth Date --- Previous Employers Name Address and Telephone No. How long with Previous Employer Job Title CO- TENANT: Present Employers Name Address and Telephone No. How long with Present Employer: Job Title Gross Salary: Hourly $_ Weekly $ Every 2 Weeks $ Monthly $ Social Security Number Birth Date Previous Employers Name Address and Telephone No. How long with Previous Employer Job Title NAMES OF ALL WHO WILL OCCUPY APARTMENT BIRTH DATE SEX AGE SOCIAL SECURITY 1. -- 2. -- 3. -- PERSONAL REFERENCES (Not Relatives) 1. Name: Address: How Long Known: 2. Name: Address: How Long Known: Page 14 of 20 .__._--~._._-, , 8 A -~ .<, '::if ~. APPENDIX B. EXHIBIT B '~ AFFORDABLE HOUSING APPLICANT INCOME VERIFICATION Date: Applicant's Name: Social Security Number Co-Tenant's Name: : Social Security Number Present Address: Street City State Zip Telephone No. I hereby make application for a single family unit at I hereby declare and reveal all of my sources of income. I am aware that to leave out, omit or fail to report my assets or forms of income from pensions, stocks, bonds, real property rent, sale or ownership is a fraudulent act punishable by law. Knowingly falsifying information on this form is cause for refusal of occupancy. I hereby certify that this will be my permanent residence and that I have no other assisted housing. I understand that this information is for the purpose of computing my annual income to determine my qualification to buy an affordable housing unit. I understand that I am not required to surrender my ownership or rights or claimed property, pensions or capital gains, etc. Applicant Co-Occupant Amount Frequency Amount Frequency Received of Pay Received of Pay Wages/Salary $ $ $ $ Bonuses $ $ $ $ Tips $ $ $ $ Commissions $ $ $ $ Interest Income $ $ $ $ Trust Fund Income $ $ $ $ Unemployment $ $ $ $ Workman's Compensation $ $ $ $ Welfare $ $ $ $ Food Stamps $ $ $ $ Social Security $ $ $ $ Social Security Disability $ $ $ $ Supplemental SSI $ $ $ $ Family Assistance $ $ $ $ Child Support $ $ $ $ Veterans Benefits $ $ $ $ - Widows Benefits $ $ $ $ - Union Pension $ $ $ $ - Self-Employment Business, Silent Partner, etc. $ $ - $ - $ Private Insurance Pension $ $ $ $ TOTAL ANNUAL INCOME $ $ THE VERIFICATION HERE REQUESTED MAY TAKE THE FORM OF THE MOST RECENT YEAR'S INCOME TAX RETURN FOR EACH OCCUPANT WHO HAS FILED AND WILL OCCUpy THE AFFORDABLE UNIT. THE SAME MUST BE EXECUTED FOR EACH OCCUPANT OF THE HOUSEHOLD WHO CONTRIBUTED TO THE ANNUAL HOUSEHOLD INCOME. FAILURE TO REPORT ALL SOURCES OF HOUSEHOLD INCOME WILL RESULT IN DISQUALIFICA nON FOR TENANCY IN AFFORDABLE HOUSING UNIT. Page 15 of 20 -.-._._~ . 8A "- APPENDIX B. EXHIBIT C AFFORDABLE HOUSING APPLICANT INCOME CERTIFICATION APPLICANT: Present Employer: Job Title: Address: Street City State Zip I, , hereby authorize the release of information requested (Applicant) on this certification form. Signature of Applicant STATE OF FLORIDA ) ) ss COUNTY OF COLLIER) The foregoing was acknowledged before me by Who is personally known to me or has produced as identification. Witness my hand and official seal this day of ,2004. (notary seal) Notary Public My Commission Expires: EMPLOYER CERTIFICATION Applicant's Gross Annual Income or Rate or Pay: $ Number of Hours Worked (Weekly):_. Frequency of Pay: Amount of Bonuses, Tips, or other Compensation Received: $ $ Monthly Annually Supervisor STATE OF FLORIDA ) ) ss COUNTY OF COLLIER) The foregoing was acknowledged before me by Who is personally known to me or has produced as identification. Witness my hand and official seal this day of ,2004. (notary seal) Notary Public My Commission Expires: THE CERTIFICATION HERE REQUESTED MAY TAKE THE FORM OF THE MOST RECENT YEAR'S INCOME TAX RETURN FOR EACH OCCUPANT WHO HAS FILED AND WILL OCCUpy THE AFFORDABLE UNIT. Page 16 of20 >~._-"-----_._-_.._-..~_._._--- .~-~,.- _~'_"_"""_'~_'____"'_'_~"_'_'".w,___-.....___~,_,m'_' 8 A"~ & APPENDIX C DEVELOPER APPLICATION FOR AFFORDABLE HOUSING DENSITY BONUS Pursuant to LDC S 2.7.7.2.4., please complete this form and submit it with any accompanying documentation to the Community Development & Environmental Services Division, 2800 North Horseshoe Drive, Naples, Florida 34104. A copy must also be provided to the Housing and Urban Improvement Department. All items requested must be provided. 1. Please state what zoning districts are proposed by the applicant, if any, on the property and the acreage of each; The Developer has made application to rezone the 22.77 acre parcel to Planned Unit Development. 2. Has an application for rezoning been requested in conjunction with the affordable housing Density bonus? X Yes No If yes, state date of application December 20, 2002, and if the request has been approved, state the Ordinance number 3. Gross density of the proposed development. 6.98 units/acre. Gross acreage of the proposed development. 22.77 acres. 4. Are affordable housing density bonus units sought in conjunction with an application for a planned unit development (PUD)? X Yes No. If yes, please state name and location of the PUD and any other identifying information. - Bristol Pines PUD 5. Name of applicant Waterways Joint Venture IV Name of land developer if not the same as Applicant: 6. Please complete the following tables as they apply to the proposed development. TABLE I Total Number of Units in Development Type of Owner Unit Rental Occupied Efficiency One Bedroom Two Bedroom Three Bedroom 159 Other Bedroom TOTAL 159 Page 17 of 20 ,_..~.- ._~~.,.__.".. . 8A .. T ABLE II Number of Affordable Housing Units Total Number of Proposed Use for Affordable Units Density Bonus Units in Development Owner Owner Rental Occupied Rental Occupied MODERATE INCOME 80% MI Efficiency 1 Bedroom 2 Bedroom 3 Bedroom Other TOTAL LOW INCOME 60% MI Efficiency 0 1 Bedroom 0 2 Bedroom 0 3 Bedroom 16 16 Other 0 TOTAL 0 VERY LOW INCOME 50%MI Efficiency 0 1 Bedroom 0 2 Bedroom 0 3 Bedroom 0 Other 0 TOTAL 0 Page 18 of 20 ._'M__ ....-..,.-- ,,--~ 8A T Please provide a physical description of the affordable units by type of unit (moderate, low, very low income) and by number of bedrooms. Include in your description, for example, the square footage of each type of unit, floor coverings used throughout the unit (carpeting, tile, vinyl flooring); window treatments; appliances provided such as washer/dryer, dishwasher, stove, refrigerator; bathroom amenities, such as ceiling exhaust fans; and any other amenities as applicable. Attach additional pages as Exhibit "D" if needed. All homes in Bristol Pines, including the homes reserved for moderate income purchasers, will share many common features: * Solid concrete block construction. * Durable compressed concrete tile roofs. * Desirable concrete paver driveways, walks and entries. * R-19 fiberglass insulation in all attics; R4.2 in exterior walls. * Ceramic tile flooring in all kitchens, baths, and laundry areas. * Carpet over hypoallergenic pads in living and bedroom areas. * European style kitchen cabinets with fully adjustable shelves * Complete kitchen appliances, including a microwave oven, range, refrigerator and disposal * High efficiency air conditioning with strip heat. * Fully landscaped private yards. * Dual sinks in the master bath. * Enclosed toilet/tub in the master bath. * Walk in closet for the master bedroom. * Aluminum framed windows and sliding glass doors. * Metal clad entry door with dead bolt lock. * Strong steel hurricane shutters. * Pre-wiring for cable television, telephone and a digital perimeter security alarm system. The homes reserved for low income purchasers will all be three bedroom, two bath units in four unit buildings of one story. The interior units will offer 1,241 square feet of living area and the end units are just slightly larger at 1,253 square feet of air conditioned area, Each home will be owned in fee simple by the purchaser. All of the Bristol Pine town homes will have complete yard service and periodic exterior painting provided for by the Bristol Pines Community Association. The monthly homeowner's fee will also cover the cost of basic cable television service, alarm system monitoring, maintaining the gated entry, common areas and a community clubhouse where residents and guests may swim, play tennis, volleyball, or just relax, The monthly fee has not yet been finally determined, but is anticipated to be approximately $150 per month. 8. Please supply any other information which would reasonably be needed to address this request for an affordable housing density bonus for this development. Attach additional pages.- None. Page 19 of 20 -- --- . 'SA EXHIBIT "A" BRISTOL PINES LEGAL DESCRIPTION A PART OF THE NORTHWEST QUARTER OF SECTION 35, TOWNSHIP 48 SOUTH, RANGE 26 EAST, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SECTION 35, TOWNSHIP 48 SOUTH, RANGE 26 EAST; THENCE ALONG THE NORTH LINE OF SAID SECTION 35, PROCEED N 89056' 57" E, FOR 100.08 FEET; THENCE LEAVING SAID NORTH LINE S 02016'29" E, FOR 30.02 FEET ALONG THE EASTERLY BOUNDARY OF A 100 FOOT ACCESS EASEMENT, ALSO BEING PARALLEL WITH THE WEST LINE OF SAID SECTION 35, TO A POINT ON THE SOUTH RIGHT OF WAY OF TREE FARM ROAD AND ALSO BEING THE POINT OF BEGINNING; THENCE ALONG SAID SOUTH RIGHT OF WAY, ALSO BEING PARALLEL WITH THE NORTH LINE OF SAID SECTION 35, N 89056'57" E FOR 1552.29 FEET; THENCE LEAVING SAID SOUTH RIGHT OF WAYS 02016'25" E FOR 639.48 FEET; THENCE SOUTH 89056'32" W FOR 1552.27 FEET TO A POINT ON THE EAST LINE OF A 100 FOOT CANAL EASEMENT; THENCE ALONG SAID EAST LINE OF CANAL EASEMENT, BEING PARALLEL WITH THE WEST LINE OF SAID SECTION 35, N 02016'29" W FOR 639.67 FEET TO THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED. CONT AINING 992050.3 SQUARE FEET OR 22.8 ACRES MORE OR LESS. SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORDS. BEARINGS ARE BASED ON THE NORTH LINE OF SECTION 35, TOWNSHIP 48 SOUTH, RANGE 26 EAST, AS BEING NORTH 89056'57" EAST. Page 20 of 20 ..~,--" __..n._.______ -- -------.-.-.- -. -..-.- -~-----------_.. .-.. ..__.._--_._----~--- ..----.-- ----.-------.....-- PAGE 02 ---.". NAI REALTY _ 'T1IlV2ElEl3 17:35 123'35957478 rr 8 A - '1 Thursday, November 13,2003 Dear Sir an.d Madam; I am writing this letter as an offer ofa solution to the access problem for the projects on County Road 951 (Collier Blvd) at Tree Fann Road. First I would like aJI involved to know that 1 am trying to create an agreement that is a win-win-win fo~ all property owners while still meeti.ng the needs ofeollier County, . . To date~ I have met with The Posch family (the O'WIlers of Tree Farm Road), Jacob Nagar (the prospective buyer of the Nica.ea property), as well as Re:verend Barton McIntyre (th.e current owner of the Nicaea property) trying to strike a deal to move the Nicaea access to Tree Farm Road. My findings were as follows: Mr. Nagar would rather have his already planned 951 access as an exclusive access to his project. However, he is willing, in the interest of serving the County's concerns to move his sites' access to Tree Farm Rd. :Mr. Nagar is concerned tha.t he will b(l made to bear all the costs of doing so while all others reap the benefit of his investment into the cost of the land and building of the road, Quit clearly the county is not willing to beax any of the costs of creating this road, which will becom.e a public road serving two major developments and built to county standards, After much negotiation the following solution is offered for all to consider; Mr. Nagar will acquirE: Tree Fann Rd, from Mr. Posch at a land coast of about five hundred thousand dollars, (To be verified by contract). The Bristol Pines Developers must contribute half of this acquisition C05t,( the Bristo 1 Pines estimated share to be two hundred and fifty thousand dollars for land acquisition of the Posch land). Tree Farm Rd. shall then be donated to Collier County. Further the Nicaea property shall donate an additional twenty feet of land running parallel with Tree Farm Road for approximately three quarters of a mile and then increasing to forty feet for the next quarter of a mile. The Bristol Pines Developer shall donate a twenty-foot strip running parallel with Tree Fann road for the .length of their abutting site. Should one party not be able to contribute land they shall reimburse the other party on an actual cost basis for the excess land the .. other party must contribute.. The cost of building this road and the additional bridge shall be split between the two developments on a net Use basis. That is to say should. one project pull permits for one hundred and fifty units and the other project pull permits all cost including adjusting acquisition costs on a one third two thirds basis. ~---_.~----- We-request"thatthe13rtstOI Pmes Development Company reviews this potential deal and respond with their approval and suggestions, Should all parties be agreeable to the plan appropriate action shall be taken immediately to aff(lct the drawing of contracts, We request that all parties respond by twelve noon on November 15,2003 If there are any questions or concerns please feel free to contact Tony Mansolillo both day and evening. (239) 269-8000 Cell .. EXHIBIT . l'l<L i5 A 1U.. ,?j:;J4/0t..iJ , ,~-- ,--'- --,-".~_.~_._---' 12395957478 NAI REAL T'r' PAGE Ell 2BEl3 17:35 ~ 8 ,- ~<r;)]ilw)}:JID ._m~ NOV 1 4 2003 Thank you, COLLIER COUNTY TRANSPORTATION OPERATIONS Anthony "'Tony" MansoHUo Faxed To: A.E. Mansoli1lo, Broker NAl Realty 720 Goodlette Road North, Suite 304 Naples, FL 341 02 Fax-(239)596-7478 Dennis Cronin Bond, Schoeneck & King, P ,A. 4001 Tami.ami Trail North. Suite 404 Naples, FL 34103 Fax-(239)649-3410 ~Nadeau, AJ(~V RWA, Inc. 3050 North Horseshoe Drive Naple5< FL 34104 Fax-(239)649-7056 ~ Yovanovi~ Goodlette, Coleman and Johnson, P,A. 400] North Horseshoe Drive Naples, FL 34103 Fax-(239)435-1218 Mr. and Mrs. Charles Posch 3500 Tree Farm. Road Naples, FL 34120 By email Mr, Barton McIntyre 6071 Copper Leaf Lane ~ Naples, FL 34116 Fax-(239)348-0499 Jacob Nagar P.O. Box 12228 Naples, FL 34101 Fax-(23 9)597-7318 Alan S, El-Urfall Collier County Transportation Fax (239) 659-5787 -_._~.- "- "--- COLLIER COUNTY FLORIDA (i) 88 REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS To: Clerk to the Board: Please place the following as a: ~ Normal legal Advertisement X Other: Public Notice (Display Adv., location, etc.) ********************************************************************************************************** Originating Deptl Div: Public Services / University Extension Person: Doug L. Caldwell, PhD. Date: 2/09/2004 Petition No. (If none, give brief description): Advertise to public notice of authorized personnel coming onto property to abate Palm Lethal Yellow Disease in Collier County. Petitioner: (Name & Address): Doug Caldwell- 14700 lmmokalee Road - Naples, FL 34120-1469 Name & Address of any person(s) to be notified by Clerk's Office: (If more space is needed, attach separate sheet) Hearing before X BCC BZA Other Requested Hearing date: (Based on advertisement appearing 10 days before hearing. .fl/ J 'i /0 Lf Newspaper(s) to be used: (Complete only if important): X Naples Daily News o Other o Legally Required Proposed Text: (Include legal description & common location & Size: Companion petition(s), if any & proposed hearing date: Does Petition Fee include advertising cost? X Yes o No If Yes, what account should be charged for advertising costs: 001- 157110 2.-L.lo~ Date List Attachments: DISTRIBUTION INSTRUCTIONS A. For hearings before BCC or BZA: Initiating person to complete one copy and obtain Division Head approval before submitting to County Manager. Note: H legal document is involved, be sure that any necessary legal review, or request for same, is submitted to County Attorney before submitting to County Manager. The Manager's office will distribute copies: o County Manager agenda file: to o Requesting Division o Original Clerk's Office B. Other hearings: Initiating Division head to approve and submit original to Clerk's Office, retaining a copy for file. *********************************************************************************************************** FOR CLERK'S OFFICE USE ~LYj q. Date of Public hearing: 2(2'-4 K>4_ Date Advertised: Zll3 fQq. Date Received: 10 0 . ^<.-..-.'--- ~---'.'~' ORDINANCE NO. 2004- 8.8 AN ORDINANCE OF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NO, 89-69, AS AMENDED, REGARDING INOCULATON OF COCONUT PALM TREES AGAINST LETHAL YELLOWING DISEASE; EXPANDING THE SCOPE OF THE ORDINANCE TO APPL Y TO THE MALA Y AN AND MA YP AN PALM COCONUT PALM TREES AND TO THE PHOENIX DATE PALM GROUP (DATE PALM AND CANARY ISLAND PALM) AND CHRISTMAS PALM; DELEGATING RESPONSIBILITIES TO CODE ENFORCEMENT; AUTHORIZING THE COUNTY TO TAKE REMEDIAL ACTIONS WITHOUT FIRST INSTRUCTING THE LAND OWNER TO TAKE SUCH ACTIONS; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING AN EFFECTIVE DATE, " WHEREAS, Ordinance No, 89-69, as amended, established the Collier County Lethal Yellowing Disease Ordinance; and WHEREAS, the plant disease know as lethal yellowing affects over thirty (30) palm species and specifically attacks the coconut palm (Cocos nucifera) and the Phoenix date palm group (date and Canary Island) and the Christmas palm (Adonidia merrillii) thereby posing a continuous and dangerous threat to the existence of the coconut palm as a viable plant species; and WHEREAS, Lethal yellowing poses a threat of substantial damage to and loss of property, and as such, the threat thereof is considered an "emergency" as defined in Chapter 252, Florida Statutes; and WHEREAS, the loss and destruction of the coconut palm would constitute an ecological disaster as well as an aesthetic and economic loss to the citizens and residents of Collier County; and WHEREAS, preventive injection of Coconut palms with antibiotics is the only known and recognized method of suppressing the Lethal Yellowing disease, and results in the remission or stopping of the Lethal Yellowing symptoms; and WHEREAS, the continued health of existing Coconut palms promotes the economic welfare and general prosperity of Collier County, and the welfare of the public would be best served by a mandatory injection and preservation program to treat and protect the Coconut palms currently existing within Collier County; and WHEREAS, Collier County has plenary power to abate public nuisances that affect the residents and citizens of Collier County, including abate the nuisance lethal yellowing disease, NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that Collier County Ordinance No, 89-69, as amended, is hereby further amended to read as follows: 1 -""",,,. -"'" SECTION ONE: Title and Citation. 8a This Ordinance shall be known and may be cited as the "Collier County Lethal . Yellowing Disease Ordinance". SECTION TWO: Applicability. This Ordinance shall apply to and be enforced in all areas of Collier County except in each municipal corporation that has then adopted an Ordinance to control the Lethal Yellowing Disease by removal of trees and/other similar remedial measures, SECTION THREE: Definitions, The following words, phrases or terms as used in this Ordinance shall have the following meanings unless the context clearly indicates otherwise: A. PUBLIC NUISANCE: The treat of infection of Coconut covered palm trees (Cocas nucifera) with a plant disease known as the Lethal Yellowing disease is hereby declared to be a public nuisance, All species of Coconut covered palm trees infected with the Lethal Yellowing disease or any carrier of said disease are also hereby declared to be a public nuisance. B. COCONUT COVERED PALMS: Means all coconut palms trees of the species Cocos nucifera except for those trees known as Malayan or Maypan Coconut Palms and the Phoenix date palm group (namely the date palm and the Canary Island palm and the Christmas palm (Adonidia merrillii). C, EMERGENCY: Any occurrence or imminent threat thereof, whether natural or caused by man, which results in or may result in substantial damage to and/or loss of property, SECTION FOUR: Declaration of Lethal Yellowing Emergency. Pursuant to Chapter 252, Florida Statutes, which authorizes the waiver of procedures and formalities otherwise required of political subdivisions in order to take whatever prudent action is necessary to ensure the health, safety and welfare of the community in the event of a state of emergency, the Chairman of the Board of County Commissioners, or Vice-chairman in his absence, or the County Manager in the absence of the Chairman and Vice-chairman is hereby designated and empowered to declare a local state of emergency in the event the threat of the Lethal Yellowing disease is imminent and a quorum of the Board of County Commissioners is unable to meet. The determination that such an emergency exists in the case of Lethal Yellowing shall be made upon the recommendation of the Public Services Administrator or designee. 2 111...........-1..... .............t.-.._I:......;..,.t ""_..... ..........,J:....:__.....~ __._....J_ _oI...u_1._.1.1 1 1 1 ," _~~n"'_ ,-. ~ . ,"._--~._.__._. ... -~._... SECTION FIVE: Extent of State Of Emergency. 88 Upon declaration, the state of emergency from the Lethal Yellowing disease shall continue until a determination by the Public Services Administrator or designee (anticipated to be the Collier County University Extension) that the threat or danger no longer exists, a recommendation is made to terminate the state of emergency, and such termination is approved by the Board, The State of Emergency shall initially considered to be county-wide. The areas in which mandatory inoculation is required shall be designated on the basis of the presence of trees infected by the Lethal Yellowing disease or the imminent threat of infection from Lethal Yellowing as determined by the Public Services Administrator or designee. The boundaries for the areas requiring mandatory inoculation shall be set by the Public Services Administrator or designee, The Public Services Administrator or designee shall remove geographic areas from the area of the State of Emergency ("suppression zone") upon determining that each such exempted geographic area is not then threatened by the Lethal Yellowing Disease and, if previously infected tree existed in that area, no new case of Lethal Yellowing Disease has occurred within that geographic area at any time for at least (2) years of treatment. SECTION SIX: Authorized Emergency Measures, In addition to any other powers conferred by law, by the Public Services Administrator or designee, the Chairman of the Board of County Commissioners or Vice-chairman in his absence, may order and promulgate all or any of the following emergency measures to be effective during the period of such declared emergency, and with such limitations and conditions as th~y may deem appropriate to protect against damage or loss of property by Lethal Yellowing: (1) Require the mandatory inoculation of all coconut covered palm trees in all areas designated by the Public Services Administrator or designee for inoculation, (2) Require the removal of all trees infected by Lethal Yellowing, as determined by the Public Services Administrator or designee. (3) Utilize all available resources of the County government as reasonably necessary to cope with the emergency, including expenditures not to exceed Twenty Thousand Dollars ($20,000,00) in any fiscal year, for the survey of the existing coconut and susceptible covered palm tree population~, the inoculation of threatened County-owned. Coconut covered palms, the inoculation of threatened privately-owned coconut covered palms in non-compliance with this Ordinance, and the removal of infected trees.:. on County owned property and on private property.:. v/hen the owner has failed to comply with ovmer mandated innoculation, removal, or other obligations mandated under this Ordinanee, and other reasonable costs pursuant to the 3 'IT.....'1.~lr '1,.....-1,......1:...,.....;1 ...._..... .......!...:...:....__ ..._....1_ _-<-__00_ _, .1 . , . ," ..--.--"------ implementation of this Ordinance, 8B (4) Collier County Code Enforcement shall be responsible for making property surveys to determine the location and number of Covered Palm Trees that exist within the required inoculation zone area (a 100 yard radius from the base of each infected covered palm tree). Not later than fifteen (15) days after being informed of a Lethal Yellowing Disease outbreak, Code Enforcement shall provide the survey list to the inoculator and to the designee. (5) While in the field and on private property, the inoculator shall wear a shirt with safety vest with the words "Palm Inoculator" clearly displayed thereon and shall carry a letter written by the designee that explains the then current Lethal Yellowing Program. The inoculator shall promptly and in writing provide to Collier County Code Enforcement the street address of each lot or parcel of land inspected by that inoculator and the number and species of covered palms located in each such covered palm tree surveyed land area, (1) Notwithstanding any other prOVISiOn of this Ordinance, The Public Services Administrator, based on in house cost benefits analysis, may have suspected trees inoculated (or have such trees removed) in lieu of mandating such inoculation and/or removal by the landowner, ~iQ} Curtail the transportation of coconut covered palms into or out of Collier County. SECTION SEVEN: Designation of .^...reas of Mandatory Inoculation. The areas in 'Nhich mandatory inoculation is required shall be designated on the basis of the presence of trees infected by the Lethal Yello'.ving disease or the imminent threat of infection from Lethal Yellowing as determined by the Public Services Administrator or designee. The boundaries for the areas requiring mandatory inoculation shall be set by the Public Services Administrator or designee. SECTION SEVEN EIGHT: Unlawful Activities and Mandatory Inoculations. (a) Upon declaration of an emergency, it shall be unlawful for any owner of any parcel of land within Collier County and within an area designated for mandatory inoculation to keep or maintain any Coconut threatened covered palm without proyiding that is not inoculated inoculation and treatment for of same as appro','ed required by the Public Services Administrator or designee pursuant to this Ordinance. (b) If inoculation by the owner is mandated, it shall be the duty and the responsibility of the owner of any such property or parcel of land to have inoculated any and all such trees with an antibiotic approved by the Public Services .^...dministrator or designee, (c) Such inoculations shall be performed three (3) times a year, e','ery one hundred to one 4 -,;t7~_..J_ ..~_ ..J_ul~~_ _ _I _n_ _ _1..",' , ., ,. . ,_. .~" . . be in withiR fifteen (15) da~oijublie 100 120) d.ys, with moeulatlons Ie g . hundred and twenty ( . d ....Ih.n ninely (90) days pnor . T "'hich were moculate .,1 I El ' inoculatIOn. rees., nolifiention of "'au--atel') '. . oeulations at mlerv.ls ef one ' state of the emergency may contmue m 10 public notific.IIOn ef the . I f n pro"ided I'l'Oef of Ihat li I st mocu a 10, . ' 100 120) days from tea hundred 10 one hundred l\venI} ( . ..,thin thirty (30) d.ys efter ' ^ dministrator or desIgnee .. . I f is gi"en to the Public SerVIces... mocu a IOn . public notification, SECTION NINE: Publie N<ltice. . I f n I'eriods the Ceunly a ocu a 10 , . the owner mandate m Wi) ~'s I'nor Ie . l' Fifteen . f general ..reu aIIon ' .. a paper 0 I a publIc notIce m . h . thomed Ie I' .ee . d · daiinislrator .s heren) au rt ' o'....ers of their dulle. an a . 00 the prol'e) .. n . County in order to mfo blished within Coll.er, ., all 'the following woo: I'u h r shall be In subslnnlt l . . . . del' this Ordinance, Suc no Ice ".I'OBslblhaes Uft CUL A TlON NOTICE OF REQUIRED INO . .. OF COCONUT P f..LMS d d of Collier County, 89 69 as amen e . P ant to Ordinance No, , 1 f land "'ithin the followmg ursu 'I t I' parce 0 n I . d all o"'ners of an) 0 0 F on a, n. , s' designated geograplue boundarle . . fi ) t aIm trccs (Cocos nUCI era are required to inoculate all C~co~u ~is inoculation may be d.one I ated on their lot or pareel of an. "ed by the Public ServIces oc . I d ef apflro. . n b ' any contractor desIgna e , roperty o\\ner and usmg at A) daiicislntlor ootiog on be:alf;f b'::'.; ~e"'ices Administmtor, or a d h;' II e u 'I th msehlS antibiotic approve . . "'li do not wish to avm e . designee. These indlVlduals .. ~ ma)' inoud.te their Irees the~ f rtified inoculatIOn contruc or h" h haHe been approved b) o a ce H' es '" lC . ",'th material and tec HUqu n d ' ee Every Coconut selves ..I . . If ler or eSlgn , d he Public Services AdmlIDs, a aries shall be inoculated an ~alm tree within the geogr~e :"::'~vithiB fifteen (15) d.ys fro: the iBoeul.Iions ere 10 he I'ero~ this notiee in . paper of gen~r the date of the pu~lIcatIOn 'Florida. Those Coconut pa ms . lation in CollIer Count), and "'hose most recent CHOU 'I' rogram n .. tly on an mocu atIOn p d f this public notIficatIon curren , , t, (90) ays 0 . . latisn "'as 'Nithm lllne ) . hed\:lle as long as wntten mocu .. 'latIon sc may maintain their curre~ I~~:uServices Administrator of the last f is pro Hided to the u proo . inoculation. , T f g"'fler for Costs, SECTION TEN: Lmh"Iy 0- - _..n . N' for ewner mandated icoenlation of ' . a referred to in SectIOn me W Within the _e l'enOn . e loeated musl himself f land on whioh smd trees ar h "'lIef of the I'areel 0 , d Coeonut l'allHS, I eo.. I whe heve been app"" en . I' of his trees by contrac ors n ' , n for mocu atIOn icoculate or mllke 1"0'11310 . d th lrentmenl necessary 10 abate the . t prOHI e c ' ^ dministrator or deSIgnee 0 . by the Public SerVICes. .. Lethal Yellowing disease. f 'I'areel of land lIjlon wIIich ' the O"'fler 0 an) . 1'0' 'ide for inoculatIOn, n ill If the owner fatls 10 I' · , d h ' Collier Counly, its agents or 1 ted shall be liable for the expenses mcurre ) palm trees are oca I tfee sr trees. ' 'the affected Coconut pa m contractors, m treatmg 5 ... . ___.,__ _u.~__ .. n. . -~.. SECTION ELEVEN: Inoculation By Owner. , 88 - {ill f..ny property owner may at any time inoculate his/her own trees; provided, ho\vever, if any such inoculation is made after the Public Service f..dministrator has decided that such inoculations is required, the antibiotic and treatment procedures used must be approyed by the Public Services f..dministrator or designee. (b) All property o....mers 'Nho inoculate any tree(s) after the Public Service :\dministration has determined such inoculation is required must, within ten (10) days of having the treatment performed, submit to the Publio Services .^..dministrator or designee written proof of purchase for materials and equipment used in this treatment, and an .'\.ffidavit of Compliance in substantially the following form: ..'\.ffidavit of Compliance STATE OF FLORID.^.. COUNTY OF COLLIER F\Ve , the record mvner( s) of I .. , property situated at (legal description or street address) hereby attest that on , (date of injection). I/\Ve injected or had injected (No. of trees) Coconut palm trees (Cocos nucifera) located on the aforesaid property, in accordance with the procedures approved by the Public Services Administrator or designee. I further attest that the receipts attached hereto are offered as proof of purchase of the materials and equipment used In treatment of all Coconut palm trees. FURTHER, AFFIANT SA YETH NOT. SWORN TO ..^..ND SUBSCRIBED BEFORE ME this day of ,20_ Notary Public My Commission Expires: SECTION T'NEL VE: Determination Of Compliance \Vith Ovmer Mandated Inoculation, ill All contractors approved by the Public Services Administrator or designee to inoculate Coconut palms (Cocos nucifera) and participating in inoculation must submit a list of inoculated trees within fi';e (5) days of inoculation to the Public Services .'\.dministrator or designee, These lists should include name of property owner, address, nwuber of Coconut palms located on the property, and the number of Coconut palms inoculated, Failure to notify the Public Services Administrator or designee of all inoculations may result in loss of inoculation certification by that contractor. (b) After the fifteen (15) day time period described in Section Ten for compliance with provisions of Section TV/elve and Thirteen, the Public Services f..dministrator of designee shall 6 11 r _ u .t _. _ .1 I' I t I..' . . ., ,. . ---- -~_...,-_._--,-,~-_._- ->'_...._~-~--- make a aet . . ermIllatlOn of d ' , un compIle a list of those' ,. 8 L property within Collier C ,1Ildtvulual. owning land ouoty "I'nn "'hich C or parc · .. oconut pal who hava n t . m traes (CoeDs 'jj o aomphed with th n. oocI.era) are locat d e o..nor maodatod . e and .ubmined an Affid ... r.ljUlfomeots of this 0 d' a .It of Complian.e as roq' d r I_e. or havo nol eom I .. mre herein U I' ) lIlg prop.rty ownCfS, the Publ' S . . pon eompiling the li.1 of n Ie emeos ^ d . . on '1 a mllllGlI' I mal cd by certified Blllil, return r..c.ip! r a or or designee, shall then eause to ba . equested, or by B . . pubheation a ROt' aoslRule, or by · m '1 , Ie. te tit al Of b . as. prepM' ... ' ) nowspa ) o..nCfS mh h per action(s) r . W'O ..avo failed 10 eo I ' aqmr.d by the Publ' S . mp.y With owner d I. emee ^ d . . man ated , b . " mlmoontor eu _Ially the foil n" ' or other provisions of tho . o..mg form' "O"llIlanc ' . em NOTICE TO: ADDRESS: PROPERTY: You, as the O"'fl:er f 1 .. 0 recora f th pa n: trees are located 0 e property above desc . OmlRBRee No. 89 69 ,'" ha~y notifiod th t nbed, upon whieh Coe . on tlte do) f as amendod, the Publie S a. pursUllllt 10 Calliar C onut . 0 omca' . d . , oURty property .xists upon such · 2000 han d~; RUmstralor or dosignee in numbor p~operty eaused by 'the . effilHlod Ihat a threat I ' disoa,e ' 'lISeapublo to b" eXiSteoee of C 0 . .mg ",fueled ....Ih oeoRUt palms ..I the L th 1 ' Y "..U Yellowing OU ,^..RE HEREBY property 'Nithin ten E1 0 NOTIFIED that you must ' ~~ antihiotic upprov~d ~ :7~s by having soid coeaoolabale this threat to publie .Joell Iho Board of C) e Pubhe Sorviees ^ dmi . talm or pallRtJ treated ...it! d h OImly Go " .. msratef d' p .. an I . eosl thaf.ofwill be'le:.:.mrmsSlonOfS of Collier C~ or , .Slgnee, foiling in (e) If tit · led as an as.assmont against:3. Will I!!tvo it done e proporty o......r property H or sam ' . . eone III his behalf has descnhod in soid Nt'. ROt abated the threat I o Ice w,thin ten (10) d ' 0 property a) s from the dat the County shall forthwith abate th e of the giving of Notiee 8B aforesaid e same and ente ' roaso hi r upon the prop fI na y required to effeet h 0 Y and take SlIGh "'ap a atemeat. s as are SECTION THIRTE ' . EN, DIsposal of Lethal Yellomi (a) It shall h ' I n ng Infecled troes. e un amful ~ H or any O"'fl: f H er 0 any 1 to rema' . pareo onand "1th. . 18 on said proporty any troe infeetod m.tIt L p' 18 Colher County to permit , HI ethal Y II . lIlfected with Lethal Yellowing b . th' e ownlg. Trees determined 10 he ) e PublIc Services ^ am' . removed and d' ,. Imstrator or d . "posed of by hurial t tit emgne. Illust be a e County Landfill . . tho owner. If the C no. wHlun ten (10) days f ' ounty does not daeid t 0 notification to e 0 remo"e h notification to propert. " . SllC.. !reefs) at the Co_y's ) o.....ers ,hall b '1 eo.Is, , . e mal ed by certified ' fuC5lIll.I., or by. moil, or by n....spa... mall, retum receipt r.quested or by .. par pubhcction . ' TO: ' IR ,ubstantially the full .". 0.. Illg form. __'__-- ~ .., 7 __" 'I ,. _~.--- ~t.. --88 . ^ DDRESS: .t.. .... n mhich Coconut PROPERTY: 'ahove described, upo C~llier CoUBty "'Her of reeord of the ~PH::;fied lhat Pur~U"":ml:tralor or d.,ignee You, as the 0" located, are hefeb) Public Services , .<Im 'Hed that a threat to palm trees ar.89 69, as amaHdad, the 20QO, has detenm of Coconut palms OrdiHance No, f , d by the eXISteHce day 0 arty o,",se 'liise..a, blic on the , Is upon suoh prep h h Letbal Yellowmg this thr.at to pu d reperty OXIS , 'fected Wit t e must abate remov.d an ;us~~ptibl. to be::~';{, NOTIFIED, - r:~oconut palm or P~"::d of COURly YOU ARE HE .. (l0) days hy havmg ~~Iing i.. wmch, the stO thereof will be reperty Witllln te C UBty Landfill, 't done and the co p the 0 'II Ra"e i d' osed of at 11' County WI . ISp f (;0 lOr efty , the Commissio..ers 0, - elll agaillSt such prop' ---, 10) dars of ..otificatiO", _ .. assesSlft '!h'n Ie.. ( le"ied as BI. db, O"'Bt1r Wi...i ' He ) .... ellls or Ra". 001 b.... remo · 10 '..s servouts. ag (b) If infeeled trees. , and shall, through its emp), 'aired to the _sanc. reasoHabl) req , hall forthwith abate , ..d take steps as arc Count) s the prepert) a authorized to enter upon contractors, be .ffecl abatemelll, t For Abating Nuisanc.~ ty as to eash SECTION FOURTEEN: AssaSSHieH ,th. County, !he cost thereof to the Cmm OH the f the ..uiGance b) , 'Hers, Th.reup , ) All.r shatemelll 0 B ard of CoUHty Co..umssiO , h (a d reported to the 0 , t sush parc.1. S.c shall b. cal.ulated an 'I asGess the oost agams pareel ., by resolutiO", shal , d im'trative costs t 'ComnussiOners, ent ineludi..g a 10 Board of COlHl-) d ho'" the eosl of shatern , I I "alid and ' h land an s ,,' h II be ega, , , , shall desenbe t..e - Such ..s.ssmellls s a esoluuo.. t thefelo, h II r ..,,'th recp.c.... ment s..a., 'the COUBt) "i , aid The ass.ss lly i..curred b) h' h mede, until p , f eetua the proporty against w iO 'f, rm of actool ..otio. 0 bl' ations upo.. f . "'flu... 0 bi..di..g 0 -ig 0) days aller receipt 0 aft) " at the rote of h'fly (3 h II ae<rue d payshl. t i "'h' ch inter.sl s a b.oome due an ",perty, aller.. i osting sach ..otic. 0.. the p , eof. ""s."m.m, or p any ""Paid port.... ther 'd parc.ls of land Ufll 0.. h ef SBl t (12%) per ann owners of eac I 'e p.rc... d e"'Ber or , Iwe , , t the recor " '''mch notiCe il a !lOllc. 0 or nWflCrs, .. ) The clerk shall ma 'ddr"sG for saoh owner (b h I st avaIlable a . at tea . d' the resolutIOn, d.senb. m , f, rm: . 11 ' the followmg e b . n substantm ) may · i NOTICE TO: ADDRESS: b ' advised that PROPERTY: , bov. d.scrib.d are ~.;e2600, order the f h prep.rt) a.. f , _ d' you d O"'Ber 0 t e day 0 fl' se.. 109 Y oa, as the reoor arida did, 0.. the" 0.. the above pmpe'i;;;'g ioocalation Colli.r County, Fl rt i..' nai.ance e"ISting 't palm tre.(s) fCqa b en her.tofore f a ee a 'Gooo... , has e , abatemeftt 0 h ""isaace bemg , opy of .aeh notiee bated by Colher h of .ac 'e e 't "'as a d f ..otioe I erei'ilial yellowi..g dise~ ' ;s:moe; whereupon, i; tio.. of the Boar.. ~ ogaill!ll theye fail.d to shale suc "" Sach cost, by re~o a a"ess.d agaillSt t ~ sent yoa, OR of $ " Florida, RaS ee.., on the prop.rt) C Illy at a cost, f Collier Count), h II b..ome a heH 0111 'Commis"o..ers 0 2000, and s a Count) , Rj' on above prop.... 8 __ --- " ~-"" -,-_.. ~~~~~~~~e~;i:o~;~~~~~~:~e~t~~ ~:~a~;~~:~s~~:~~~~;:~~~:c~~! 88 by the County under this Ordinance are excessive or unwarranted, or why such expenses should not constitute a lien against the property. Said request for hearing shall be made to the Clerk of the Board of County Commissioners, in writing, within thirty (30) days from the date of assessment. (c) If the ovmer fails to pay such assessment 'Nithin thirty (30) days after said assessment has been made, the Board of County Commissioners shall cause a certified copy of the assessment resolution to be filed in the office of the Clerk of Courts in and for Collier County, Florida; and the assessment shall constitute a lien against the property as of the date of filing such copy with the Clerk of Courts and shall be collectible in the same manner as liens for non payment of property taxes, (d) Collection of such assessments, with interest and a reasonable attorney's fee, may also be made by the Board of County Commissioners by proceedings in a court of equity to foreclose the lien on the assessment in the manner in which a lien for mortgages is foreclosed under the laws of Florida; and it shall be lawful to join in any complaint for foreclosure of one or more lots or parcels of land, by whomever o'.Yned, if assessed under the provisions of this Section. The property subject to lien may be redeemed at any time prior to sale by the owner by paying the total amount due under said lien, including interest, court costs, advertising costs and reasonable attorney's fees. SECTION FIFTEEN: Right to Hearing on .^..ssessment. (a) \Vithin thirty (30) days of the date of assessment, any o\vner shall ha';e the right to request a hearing before a Code Enforcement Board to show cause, if any, why the expenses and charges incurred by Collier County under this Ordinance are excessive or unwarranted or v/hy such expenses should not constitute a lien against said property; hO'.vever, nothing contained in this Section is to be construed to disturb or permit a revie'.'l of the determination by the Board of the existence of the public nuisance under this Ordinance, (b) Public hearings under this Ordinance shall be held by the Code Enforcement Board upon '.vritten application for hearing made to the Code Enforcement Department within thirty (30) days after date of assessment described above; and an application for hearing, properly filed, shall stay the recording of the assessment until a hearing hus been held and a decision rendered by that Board. (c) If after said hearing that Board determines that the assessment is fair, reasonable and warranted, the assessment resolution will be recorded forthwith. If the Board determines that the charges are excessive or unwarranted, it shall direct that the charges be recomputed or eliminate them altogether, us the e'lidence warrants. 9 -~--".-,._,,_. > --"-,,~.- . 88 SECTION SIXTEEN: Ser/ice of Notice, . ..,,1 (a) The requirement of notice under the provisions of this Ordinance shall be met if such notice is mailed by registered or certified mail, return receipt requested, to the ovmer at the address indicated on the records of the Collier County Property .^..ppraiser of such lot or parcel of land for ad valorem taxation purposes, or by facsimile, by e mail, or by newspaper publication, and shall be deemed served when sent. Hov/c'ier, if the mailed notice is returned to the postal authorities, then the subject notice shall be adequately given if any form of '.witten notice is actually received by the ovmer, or if published once a v/eelc fDr two consecutive 'Necks in a ne'.vspaper of general circulation in Collier County and a copy thereof is posted on the property in question. Failure of such owner to recei';e such newspaper notice or posted notice shall not be deemed to be a defense to any legal proceedings implemented under this Ordinance, In addition to the foregoing, if there is un occupied dwelling on such lot or parcel, a copy of the notice required by this Ordinance shall be served upon the occupant of said building by mail, or personal service, or by posting a copy of the notice in a conspicuous place upon the property. (b) If the mailing address of the ovmer is not known, then service of notice on any occupant in possession shall be sufficient. If the mailing address of the owner is not knO\.vn and the property is unoccupied, the requirement of uny such notice shall be met if such notice is posted on such lot or parcel. SECTION NINE SEVENTEEl'-I: Penalties, (a) If any person fails or refuses to obey or comply with, or violate any of the provisions of this Ordinance, such person, upon a finding of such violation, shall be punished by a fine not to exceed Five Hundred Dollars ($500.00) for each violation. Each violation or non-compliance may be considered a separate and distinct offense. Further, each day of continued violation or non-compliance may be considered as a separate offense. (b) Nothing herein contained shall prevent or restrict the County from taking such other lawful action in any court of competent jurisdiction as is necessary to prevent or remedy any violation or non-compliance. Such other lawful actions shall include, but shall not be limited to, an equitable action for injunctive relief or an action at law for damages, (c) Further, nothing in this Ordinance shall be construed to prohibit the County from prosecuting any violation of this Ordinance by means of a Code Enforcement Board established pursuant to the authority of Chapter 162, Florida Statutes, (d) All remedies and penalties provided for in this Section shall be cumulative and independently available to the County and the County shall be authorized to pursue any and all 10 --- . -- . .~..."_..,._..__._~_.m~._.__._- ---~-^-"" ._._--,-~ -----..-, remedies set forth in this Section to the full extent then allowed by law. ( Sa SECTION TEN. INCLUSION IN THE CODE OF LAWS AND ORDINANCES. The provisions of this Ordinance shall become and be made a part of the Code of Laws and Ordinance of Collier County, Florida. The sections of the Ordinance may be renumbered or re-Iettered to accomplish such, and the word "ordinance" may be changed to "section," "article," or any other appropriate word. SECTION ELEVEN: CONFLICT AND SEVERABILITY. In the event this Ordinance conflicts with any other ordinance of Collier County or other applicable law, the more restrictive shall apply, If any phrase or portion of this Ordinance is held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not effect the validity of the remaining portion, SECTION TWELVE, EFFECTIVE DATE, This Ordinance shall become effective upon receipts of notice from the Secretary of State that this Ordinance has been filed with the Secretary of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this day of ,2004. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E BROCK, Clerk OF COLLIER COUNTY, FLORIDA By: By: Deputy Clerk DONNA FIALA, Chairman Approved as to form and legal sufficiency: ~~ Thomas C. Palmer Assistant County Attorney 11 _..._..m_._..'~~,,'_ -"..~..-.,_.,~._-~".-.---~_..._,_..~--,_.-..,._-~- ~ 8B February 10, 2004 Attn: Georgia Naples Daily News 1075 Central Avenue Naples, Florida 34102 Re: Notice of intent to consider: An Ordinance Amending Ordinance No. 89-69 Dear Georgia: Please advertise the above referenced notice on Friday, February 13,2004 and kindly send the Affidavit of Publication, in duplicate, together with charges involved to this office. Thank you. Sincerely, ~~ Trish Morgan, Deputy Clerk P.O,jAccount # 001-157110 "___M.. NOTICE OF INTENT TO CONSIDER ORDINANCE Notice is hereby given that on February 24, 2004 in the BoardrooJ, 88 3rd Floor, Administration Building, Collier County Government Center, 3301 East Tamiami Trail, Naples, Florida, the Board of County Commissioners will consider the enactment of a County Ordinance. The meeting will commence at 9:00 A.M, The title of the proposed Ordinance is as follows: AN ORDINANCE OF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NO. 89-69, AS AMENDED, REGARDING INOCULATION OF COCONUT PALM TREES AGAINST LETHAL YELLOWING DISEASE, EXPANDING THE SCOPE OF THE ORDINANCE TO APPLY TO THE MALAYAN AND MAYPAN PALM COCONUT PALM TREES AND TO THE PHOENIX DATE PALM GROUP (DATE PALM AND CANARY ISLAND PALM) AND CHRISTMAS PALM, DELEGATING RESPONSIBILITIES TO CODE ENFORCEMENT, AUTHORIZING THE COUNTY TO TAKE REMEDIAL ACTIONS WITHOUT FIRST INSTRUCTING THE LAND OWNER TO TAKE SUCH ACTIONS, PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES, PROVIDING FOR CONFLICT AND SEVERABILITY, PROVIDING AN EFFECTIVE DATE. Copies of the proposed Ordinance are on file with the Clerk to the Board and are available for inspection, All interested parties are invited to attend and be heard. NOTE: All persons wishing to speak on any agenda item must register with the County administrator prior to presentation of the agenda item to be addressed. Individual speakers will be limited to 5 minutes on any item. The selection of an individual to speak on behalf of an organization or group is encouraged. If recognized by the Chairman, a spokesperson for a group or organization may be allotted 10 minutes to speak on an item. Persons wishing to have written or graphic materials included in the Board agenda packets must submit said material a minimum of 3 weeks prior to the respective public hearing. In any case, written materials intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of seven days prior to the public hearing, All material used in presentations before the Board will become a permanent part of the record. Any person who decides to appeal a decision of the Board will need a record of the proceedings pertaining thereto and therefore, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is based. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA DONNA FIALA, CHAIRMAN DWIGHT E. BROCK, CLERK By: Is/patricia L. Morgan, Deputy Clerk (SEAL) ----~- GQi!pty~fCoUier p.: 88 CLERK OF THE ClRCUIT COURT Dwight E. Brock COLLIER COUNTY CoURTij,OUSE Clerk of Courts I ,'''' 3301 TAM lAM I TRAIL EA'ST Clerk of Courts P.O. BOX 4~~044 ' Accountant NAPLES, FLORIDA;~,4101-3d44 Auditor ,,' Custodian of County Funds ~,( February 10, 2004 ," ATTN: Doug L. Caldwell, PhD 14700 Immokalee Road Naples, FL 34120-1469 Re: Notice of Public Hearing to Consider Amending Collier County Ordinance No. 89-69 Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, February 24, 2004, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Friday, February 13, 2004. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK ~~~.k Patricia L. Morgan, Deputy Clerk Enclosure Phone - (239) 732-2646 Fax - (239) 775-2755 Website: www.clerk.colIier.tl.us Email: colIierclerk@clerk.colIier.tl.us -. ...._-"....""~""'~--.,--~..-->~,., _.__,.____~_e~ 88 Patricia L. Morgan To: Georgia (E-mail) Subject: Advertising - Ordinance Amend. 89-69 J{i georgia, PCease run the attached ad on Priday, peGruary 13, 2004, PCease confirm its pCacement. 'llianttyou) 7'rish :Minutes e:l ~cords ~ ~ ORD.AMEND.89-69 ORD.AMEND.ORD. .doc 89-69.doc -~-~-~.._~ 8s otto- I Patricia L. Morgan From: postmaster@clerk.collier.f1.us Sent: Tuesday, February 10, 2004 11:41 AM To: Patricia L. Morgan Subject: Delivery Status Notification (Relay) r~ B ": ',m: ATT481522.txt Advertising - )rdinance Amend....'11i . CF d' 6 ifi . is is an automatlca ry generate CDe Ivery Status Wotl catlOn. 'Your message lias 6een successfu[(y refayed'to tlie forrowing recipients, 6ut tfie requested'd'eCivery status notifications may not 6e generated' 6y tfie d'estination. fegaCs@napfesnews. com --- U t;i " U Patricia L. Morgan From: System Administrator [postmaster@naplesnews.com] Sent: Tuesday, February 10, 2004 11 :44 AM To: Patricia L. Morgan Subject: Delivered: Advertising - Ordinance Amend. 89-69 [2] / Advertising - Jrdinance Amend.." <<)ldvertising - Ordinance JImena. 89-69>> 'Your message 'fa: qeorgia (CE-mail) Su6ject: JIdvertising - Ordinance JImend'. 89-69 Sent: 'fue, 10 Pe6 200411:40:40 -0500 was defivered to the fo{[awing recipient(s): Cegafs on crue, 10 Pe6 200411:44:01 -0500 .-...,..,----- Advertising - Ordinance Amend. 89-69 Page 1 of 1 88 Patricia L. Morgan __'~A~~,_,.____~~~~~___~~_'~__~A"'A__'~~_.^"_~__~_~_"'_'~'~~~_~__~~__~~__"_~~~_~~_~_~~~ From: legals [Iegals@naplesnews.com] Sent: Tuesday, February 10, 2004 1 :50 PM To: Patricia L. Morgan Subject: RE: Advertising - Ordinance Amend. 89-69 rcvd torunfeb13 thanks georgia -----Original Messagem-- From: Patricia L. Morgan [mailto:Patricia,Morgan@c1erk,collierJI,us] Sent: Tuesday, February 10, 2004 11:41 AM To: Georgia (E-mail) Subject: Advertising - Ordinance Amend. 89-69 Jri georgia, rpCease run the attacfied ad on Priday, pe6ruary 13, 2004, rpCease confirm its pCacement, 77ianl(you, rrrisfi :Minutes rtl ~cords <<ORD.AMEND.89-69.doc>> <<ORD.AMEND.ORD.89-69.doc>> 2/1 012004 .."_._,-". __._m.....".~,__._ Search Results Page 1 of 1 Description I Ordinances and petitions - 89-69 NOTICE OF INTENT TO CONSIDER ~ f) ORDINANCE Notice is hereby given that on February 24, 2004 in the Boardroom, 3rd Floor, Administration Building, Collier County Government Center, 3301 East Tamiami Trail, Naples, Florida, the Board of County Commissioners will consider the enactment of a County Ordinance. The meeting will commence at 9:00 A.M. The title of the proposed Ordinance is as follows: AN ORDINANCE OF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NO. 89-69, AS AMENDED, REGARDING INOCULATION OF COCONUT PALM TREES AGAINST LETHAL YELLOWING DISEASE; EXPANDING THE SCOPE OF THE ORDINANCE TO APPLY TO THE MALAYAN AND MAYPAN PALM COCONUT PALM TREES AND TO THE PHOENIX DATE PALM GROUP (DATE PALM AND CANARY ISLAND PALM) AND CHRISTMAS PALM; DELEGATING RESPONSIBILITIES TO CODE ENFORCEMENT; AUTHORIZING THE COUNTY TO TAKE REMEDIAL ACTIONS WITHOUT FIRST INSTRUCTING THE LAND OWNER TO TAKE SUCH ACTIONS; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING AN EFFECTIVE DATE. copies of the proposed Ordinance are on file with the Clerk to the Board and are available for inspection. All interested parties are invited to attend and be heard. NOTE: All persons wishing to speak on any agenda item must register with the County administrator prior to presentation of the agenda item to be addressed, Individual speakers will be limited to 5 minutes on any item. The selection of an individual to speak on behalf of an organization or group is encouraged. If recognized by the Chairman, a spokesperson for a group or organization may be allotted 10 minutes to speak on an item. Persons wishing to have written or graphic materials included in the Board agenda packets must submit said material a minimum of 3 weeks prior to the respective public hearing. In any case, written materials intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of seven days prior to the public hearing, All material used in presentations before the Board will become a permanent part of the record. Any person who decides to appeal a decision of the Board will need a record of the proceedings pertaining thereto and therefore, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is based. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA DONNA FIALA, CHAIRMAN DWIGHT E. BROCK, CLERK By: Is/patricia L. Morgan, Deputy Clerk (SEAL) Feb. 13 No. 494875 Locationl FL Datel 2/13/2004 Source I Naples Daily News http://naplesnews.abracat.coml c2/ announcements/results/printer .xml? &search=Search&ali... 2/13/2004 -~-_.,..,.. ----.'-.-.- Naples &,lly News 88 I .:,t!~ Naples, FL 34102 Affidavit of Publication Naples Daily News --------------------------------------------------+------------------------ INTlNrW1k ORDlNANClIOER Notice .Ia hif:tven BOARD OF COUNTY COMMISSIONERS ~~ :."J.e ruary 24. CHERI LEFARA 3tdFIf'tM. . Adm n :ff':: PO BOX 413016 gon..ulll.... Coller NAPLES FL 34101-3016 ou.nt~ overnment ~ lllUt Tamla. . I, I FlotId I ~~crrunt~ WI I con- sIder enam:nt of 'h coun:?j Ord nanee. REFERENCE: 001230 001-157110 e "'";:j,wfll com. m at AM, The 58804858 89-69NOTICE OF INTEN d~~ed.or. Is ows: State of Florida AN ORDINANCE OF COL-I L1ER COUNTY. FLORIDA County of Collier ~MENl)ING OR=NCE 0, .. AS A OED ' Before the undersigned authority, personally rr:g~N~;G C W~CUJ,A: appeared B. Lamb, who on oath says that she serves l~'1l.Tmt.Uf as Assistant Corporate Secretary of the Naples Daily News, a daily newspaper published at Naples, ln~EEXPANI)fNG THEI OF THE ORDI- in Collier County, Florida: that the attached ~~ECl.lO APPLY TO copy of advertising was published in said . .I.A'I.ut ~ D &'MPAN- PALM Co 0- newspaper on dates listed. if'-'- .. .. PAI.M TREES AND Affiant further says that the said Naples Daily ~EQ':r~~I~i:nl News is a newspaper published at Naples, in said 18V- L AN D A~DA CANA V IS. Collier County, Florida, and that the said et! daT:J or to the CHRISTMir~A1.t~ newspaper has heretofore been continuously public Ing. All ma. terlal u:?: In ~Ienta- DEI.EGATlNG UPONS': published in said Collier County, Florida, each tlonl be ore t Board BILlTIES TO COVaEN- will become a perma- FORCEMEHT' AUT RIZ. day and has been entered as second class mail nent pitt of the record, ING THE COUNTY TO matter at the post office in Naples, in said TAKE RErlDMl AC. Any person whodeeld- TlONS WI 0 IRST Collier County, Florida, for a period of 1 year ~ to =' a deelalon INSTRUCTING THE I.AND next preceding the first publication of the the. win need a OWNER TO TAKE' SUCH I record of the p,&ceed. ACTIONS: PROVIDING attached copy of advertisement; and affiant ln~ Ily::alnlnlil ereto FOR INCI.US10N IN THE further says that she has neither paid nor an t er. or.. . may coo! OF I.AWS AND OR. need to eMW'll that a DINANCESi PR.&'ffDING promised any person, firm or corporation any verbatIm record of the FOR CONFL CT SEV- discount, rebate, commission or refund for the proceedlnlilS a made, ERABII.ITY: PROVIDING purpose of securing this advertisement for ~hlCh . r.ord. '":JUdes AN EFFECTIVE DATE. et.ltlmony a evl. Copies of the proPofed. publiction in the said newspaper. =~a:.r'Ch the O~d~ntWc. are on lie w t t e Clerk t.o the PUBLISHED ON: 02/13 ~;wriRiOU N TV Board and are avll1lable for Inspection, All Inter. CO 1.1.1 COUNTY. ested p~ are invited FI.ORIDA to attend be helll'd. DONNA FIAI.A. CHAIR. NOT!: All ~ns wish- In~ apeak on any MAN aa Itcim must 1'8liI1S- AD SPACE: 136.000 INCHffHT E, nOCK. ter the qoui)ty lid. mlnlmator r'or to ~ sentatlon 0 the ~nda FILED ON: 02/13/04 . I tf..::L. Mor. Item to be addressed, Indlvlclual a~ers will --------------------------------------------------+--- ,,----- be IImlt'd to minutes Signature of Affiant ~.~7 ~ No, ... on llIlY. 1ter'Jj The alee. tlon of an ndlvlclllal to speak on behalf of an , ~? organization orlilroup Is Sworn to and Subscribed before me this ~day of 2001 --e..J.- encouraliled. ~ recogF Personally known by me ;;;;<.A-\U,er t?-rA4JL"d ni%e(t ~'1tle e .al~ a sPokeIP.rso~, or a grouCeor :Ai zetlon may all .10 min. utes to spea on an Item. ' ,.,.;~~y..tf~.;;-. Harriett Bushong Persona WiShing to have written gf: fe'fhlc ;,*~"A "~:% MY COMMISSION # DD234689 EXPIRES materials lnc u e Ln the Board atil8l'ida pac . \ki~>:.;.4 July 24, 2007 etl must- suSmlt said '.';,;if:,~~~"~ BONDED iHRU TROY FAIN INSURANCE, INC material a ml'rornw:: (If 3 weeks p~ ,t ti reo spectlve hearing, In an~ CUe, written ma. terla s Intended to be "', ". ....J. ----,.---..- 88 MEMORANDUM Date: March 5, 2004 To: Doug Caldwell University Extension Service From: Linda A. Houtzer, Deputy Clerk Minutes & Records Department Re: Ordinance 2004-11 Enclosed please find one copy of the validated document as referenced above, approved by the Board of County Commissioners on Tuesday, February 24, 2004, (Agenda Item #8BI). If you should have any questions, please feel free to contact me at 774-8406. Thank you. Enclosure (1) -.,.-. --- , ORDINANCE NO. 2004- 11 , 88 ~ .~ : ' AN ORDINANCE OF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NO. 89-69, AS AMENDED, REGARDING INOCULATON OF COCONUT PALM TREES AGAINST LETHAL YELLOWING DISEASE; EXP ANDING THE SCOPE OF THE ORDINANCE TO APPLY TO THE MALA Y AN AND MA YP AN PALM COCONUT PALM TREES AND TO THE PHOENIX DATE PALM GROUP (DATE PALM AND CANARY ISLAND PALM) AND TO THE CHRISTMAS PALM; DELEGATING RESPONSIBILITIES TO CODE ENFORCEMENT; AUTHORIZING THE COUNTY TO TAKE REMEDIAL ACTIONS WITHOUT FIRST INSTRUCTING THE LAND OWNER TO TAKE SUCH ACTIONS; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING AN EFFECTIVE DATE. WHEREAS, Ordinance No. 89-69, as amended, established the Collier County Lethal Yellowing Disease Ordinance; and WHEREAS, the plant disease know as lethal yellowing affects over thirty (30) palm species and specifically attacks the coconut palm (Cocos nucifera) and the Phoenix date palm group (Date Palm and Canary Island) and to the Christmas Palm, thereby posing a continuous and dangerous threat to the existence of the coconut palm as a viable plant species; and WHEREAS, Lethal yellowing poses a threat of substantial damage to and loss of property, and as such, the threat thereof is considered an "emergency" as defined in Chapter 252, Florida Statutes; and WHEREAS, the loss and destruction of the coconut palm would constitute an ecological disaster as well as an aesthetic and economic loss to the citizens and residents of Collier County; and WHEREAS, preventive injection of Coconut palms with antibiotics is the only known and recognized method of suppressing the Lethal Yellowing disease, and results in the remission or stopping of the Lethal Yellowing symptoms; and WHEREAS, the continues health of existing Coconut palms promotes the economic welfare and general prosperity of Collier County, and the welfare of the public would be best served by a mandatory injection and preservation program to treat and protect the Coconut palms currently existing within Collier County; and WHEREAS, Collier County has plenary power to abate public nuisances that affect the residents and citizens of Collier County, including abate the nuisance of lethal yellowing disease. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that Collier County Ordinance No. 89-69, as amended, is hereby further amended to read as follows: --~_..__.._---_...._.._--_._-_.._...._--_._-----_.._.-------...------ SECTION ONE: Title and Citation. 88 , This Ordinance shall be known and may be cited as the "Collier County Lethal Yellowing Disease Ordinance". SECTION TWO: Applicability. This Ordinance shall apply to and be enforced in all areas of Collier County except in each municipal corporation that has then adopted an Ordinance to control the Lethal Yellowing Disease by removal of trees and/other similar remedial measures. SECTION THREE: Definitions. The following words, phrases or terms as used in this Ordinance shall have the following meanings unless the context clearly indicates otherwise: A. PUBLIC NUISANCE: The treat of infection of Coconut covered palm trees (Cocas nucifera) with a plant disease known as the Lethal Yellowing disease, is hereby declared to be a public nuisance. All species of Coconut covered palm trees infected with the Lethal Yellowing disease or any carrier of said disease are also hereby declared to be a public nuisance. B. COCONUT COVERED PALMS: Means all coconut palms trees of the species Cocos nucifera except for those trees known as Malayan or Maypan Coconut Palms and the Phoenix Date Palm Group (namely the Date Palm and the Canary Island Palm, and the Christmas Palm. C. EMERGENCY: Any occurrence or imminent threat thereof, whether natural or caused by man, which results in or may result in substantial damage to and/or loss of property. SECTION FOUR: Declaration of Lethal Yellowing Emergency. Pursuant to Chapter 252, Florida Statutes, which authorizes the waiver of procedures and formalities otherwise required of political subdivisions in order to take whatever prudent action is necessary to ensure the health, safety and welfare of the community in the event of a state of emergency, the Chairman of the Board of County Commissioners, or Vice-chairman in his absence, or the County Manager in the absence of the Chairman and Vice-chairman is hereby designated and empowered to declare a local state of emergency in the event the threat of the Lethal Yellowing disease is imminent and a quorum of the Board of County Commissioners is unable to meet. The determination that such an emergency exists in the case of Lethal Yellowing shall be made upon the recommendation of the Public Services Administrator or designee. 2 Words underlined are additions, words struck through are deletions. SECTION FIVE: Extent of State Of Emergency, j Q '-~\ uti Upon declaration, the state of emergency from the Lethal Yellowing disease shall continue until a determination by the Public Services Administrator or designee (anticipated to be the Collier County University Extension) that the threat or danger no longer exists, a recommendation is made to terminate the state of emergency, and such termination is approved by the Board. The State of Emergency shall initially considered to be countywide. The areas in which mandatory inoculation is required shall be designated on the basis of the presence of trees infected by the Lethal Yellowing disease or the imminent threat of infection from Lethal Yellowing as determined by the Public Services Administrator or designee. The boundaries for the areas requiring mandatory inoculation shall be set by the Public Services Administrator or designee. The Public Services Administrator or designee shall remove geographic areas from the area of the State of Emergency ("suppression zone") upon determining that each such exempted geographic area is not then threatened by the Lethal Yellowing Disease and, if previously infected tree( s) existed in that area, no new case of Lethal Yellowing Disease had occurred within that geographic area at any time during the preceding two (2) years. SECTION SIX: Authorized Emergency Measures. In addition to any other powers conferred by law, by the Public Services Administrator or designee, the Chairman of the Board of County Commissioners or Vice-chairman in his absence, may order and promulgate all or any of the following emergency measures to be effective during the period of such declared emergency, and with such limitations and conditions as th~y may deem appropriate to protect against damage or loss of property by Lethal Yellowing: (1) Require the mandatory inoculation of all coconut covered palm trees in all areas designated by the Public Services Administrator or designee for inoculation, (2) Require the removal of all trees infected by Lethal Yellowing, as determined by the Public Services Administrator or designee. (3) Utilize all available resources of the County government as reasonably necessary to cope with the emergency, including expenditures not to exceed Twenty Thousand Dollars ($20,000.00) in any fiscal year, for the survey of the existing coconut and susceptible covered palm tree population~, the inoculation of threatened County-owned Coconut covered palms, the inoculation of threatened privately-owned coconut covered palms in non-compliance with this Ordinance, and the removal of infected trees~ on County owned property and on private property~ when the mvncr has failed to comply with owner mandated innoculation, removal, or 3 Words underlined are additions, words stmck through are deletions. ___'n..'__._ other obligations mandated under this Ordinance, and other reasonable costs plH'suant to the implementation of this Ordinance. ~ F' . ^~ ( " . '::"'/ I (4) Collier County Code Enforcement shall be responsible for making property surveys to determine the location and number of covered palm trees that exist within the required inoculation zone area (a 100 yard radius from the base of each infected covered palm tree ). Not later than thirty (30) days after being informed of a Lethal Yellowing Disease outbreak. Code Enforcement shall provide the survey list to the inoculator and to the Administrator or designee. (5) While in the field and on private property. the inoculator shall wear a shirt with safety vest with the words "Palm Inoculator" clearly displayed thereon and shall carry a letter written by the designee that explains the then current Lethal Yellowing Program. The inoculator shall promptly and in writing provide to Collier County Code Enforcement the street address of each lot or parcel of land inspected by that inoculator and the number and species of covered palms located in each such covered palm tree surveyed land area. (1) Notwithstanding any other prOVISIOn of this Ordinance, Ihe Public Services Administrator, based on in house cost benefits analysis, may have suspected trees inoculated (or have such trees remo'led) in lieu of mandating such inoculation and/or remo':al by the landowner. ~ Curtail the transportation of coconut palms into or out of Collier County. SECTION SEVEN: Designation of ,^..reas of Mandatory Inoculation. The areas in which mandatory inoculation is required shall be designated on the basis of the presence of trees infected by the Lethal Yellowing disease or the imminent threat of infection from Lethal Yellowing as determined by the Public Services ,^..dministrator or designee. The boundaries for the areas requiring mandatory inoculation shall be set by the Public Services Administrator or designee. SECTION SEVEN EIGHT: Unlawful Activities and Mandatory Inoculations. (a) Upon declaration of an emergency, it shall be unlawful for any owner of any parcel of land within Collier County and within an area designated for mandatory inoculation to keep or maintain any Coconut threatened covered palm without providing that is not inoculated inoculation and treatment for of some as approved required by the Public Services Administrator or designee pursuant to this Ordinance. 4 Words underlined are additions, words struck through are deletions. -...._-'-- (b) If inoculation by the owner is mandated, it shall be the duty and the responsibility of the owner of any such property or parcel of land to have inoculated any and all such trees '....ith an antibiotic appro':ed by the Public Services Administrator or designee. 8a (c) Such inoculutions shall be performed three (3) times a year, e'/ery one hundred to one hundred and t\venty (100 120) days, '.'lith inoculations to begin 'Nithin fifteen (15) days of public notification of mandatory inoculation. Trees which v/ere inoculated v/ithin ninety (90) days prior to public notification of the state of the emergency may continue inoculutions at intervals of one hundred to one hundred twenty (100 120) days from the last inoculation, provided proof of that inoculation is given to the Public Services 1\dministrator or designee within thirty (30) days after public notificution. SECTION Nll'1E: Public Notice. Fifteen (15) days prior to the owner mandated inoculation periods, the County Administrator is hereby authorized to place a public notice in a paper of general circulution published ';/ithin Collier County, in order to inform the property O\vners of their duties and responsibilities under this Ordinance. Such notice shall be in substantially the follov/ing form: NOTICE OF REQUIRED INOCUL:\TION OF COCONUT PALMS Pursuant to Ordinance No. 89 69, as amended of Collier County, Florida, all owners of any lot or parcel of land within the follm,ving designated geographic boundaries: are required to inoculate all Coconut palm trees (Cocos nucifera) located on their lot or parcel of land. This inoculation may be done by any contractor designated or approved by the Public Seryices Administrator acting on behalf of any property owner and using an antibiotic approyed by the Public Services Administrator, or designee. Those individuals who do not 'Nish to avail themselves of a certified inoculation contractor may inouclate their trees them selves v/ith material and techniques which ha':e been approyed by the Public Services Administrator or designee. Every Coconut palm tree within the geographic boundaries shall be inoculated and the inoculutions are to be performed v.rithin fifteen (15) days from the date of the publication of this notice in a paper of general circulation in Collier County, Florida. Those Coconut palms currently on an inoculation program and whose most recent inoculation vms within ninety (90) da)'s of this public notification may maintain their current inoculation schedule as long as vlfitten proof is provided to the Public Services 1^.dministrator of the last inoculation. SECTION TEN: Liability of Owner for Costs. @} 'Within the time period ref-erred to in Section Nine for owner mandated inoculation of Coconut palms, the ovmer of the parcel of land on v/hich said trees are located must himself inoculate or make provision for inoculation of his trees by contractors '.vho ha'.'e been approyed 5 Words underlined are additions, words struck through are deletions. by the Public Ser.-ices ,,^..dministrator or designee to provide the treatment necessary to abate the Lethal Yellowing disease. 88 -'~ ru If the owner fails to pro'/ide for inoculation, the O\Yller of any parcel of land upon ':m.ich palm trees are located shall be liable for the expenses incurred by Collier County, its agents or contractors, in treating the affected Coconut palm tree or trees. SECTION ELEVEN: Inoculation By Ovmer. fill l\ny property o'.vner may at any time inoculate his/her ovm trees; provided, howeyer, if any such inoculation is made after the Public Service Administrator has decided that such inoculations is required, the antibiotic and treatment procedures used must be approved by the Public Services l\dministrator or designee. (b) ,,^JI property owners '.'tho inoculate any tree(s) after the Public Service L^..dministration has determined such inoculation is required must, v;ithin ten (10) days of having the treatment performed, submit to the Public Ser/ices ,,^..dministrator or designee written proof of purchase for materials and equipment used in this treatment, and an ,,^..ffidavit of Compliance in substantially the following form: Affidavit of Compliance STATE OF FLORID!'.. COUNTY OF COLLIER F\Ve , the record owner(s) of I .. , property situated at (legal description or street address) hereby attest that on , (date of injection), I/Vle injected or had inj ected (No, of trees) Coconut palm trees (Cocos nucifera) located on the aforesaid property, in accordance '.'lith the procedures appro'led by the Public Services L^..dministrator or designee, I further attest that the receipts attached hereto are offered as proof of purchase of the materials and equipment used In treatment of all Coconut palm trees. FURTHER, AFFL\NT S,,\ YETH NOT. SVlORN TO ,,^..ND SUBSCRIBED BEFORE ME this day of ,20_. Notary Public My Commission Expires: SECTION TWELVE: Determination Of Compliance ')lith Owner Mandated Inoculation. fill .'\11 contractors approved by the Public Services Administrator or designee to inoculate Coconut palms (Cocos nucifcra) and participating in inoculation must submit a list of inoculated trees 'Nithin five (5) days of inoculation to the Public Ser/ices ,,\dministrator or designee. These 6 Words underlined are additions, words struck thrOl;\gh are deletions. lfsts should include name of property owner, address, number of Coconut palms located on the property, and the number of Coconut palms inoculated. Faih..H'e to notify the Public serviceS B Administrator or designee of all inoculations may result in loss of inoculation certification by that contractor. (b) L^..fter the fifteen (15) day time period described in Section Ten for compliance with pro':isions of Section T\vebe and Thirteen, the Public Services Administrator of designee shall make a determination of, and compile a list of, those indi':iduals ovming land or parcels of property within Collier County upon which Coconut palm trees (Cocos nucifera) are located and who have not complied with the owner mandated requirements of this Ordinance or have not submitted an L^..ffida'/it of Compliance as required herein. Upon compiling the list of non complying property ovmers, the Public Services L^..dministrator or designee, shall then cause to be mailed by certified mail, return receipt requested, or by facsimile, or by e mail, or by nev/spaper publication, a notice to those property ovmers who have failed to comply 'Nith owner mandated action(s) required by the Public Service L^..dministrator, or other pro','isions of this Ordinance in substantially the follov,'ing form: NOTICE TO: ADDRESS: PROPERTY: You, as the ovtTIer of record of the property above described, upon which Coconut palm trees are located, are hereby notified that pursuant to Collier County Ordinance No. 89 69, as amended, the Public Services L^..dministrator or designee, on the day of , 2000, has determined that a threat to property exists upon such property caused by the existence of Coconut palms, in oomber, susceptible to being infected with the Lethal Yello'.'Iing disease. YOU L^..RE HEREBY NOTIFIED that you must abate this threat to public property '.vithin ten (10) days by ha':ing said Coconut palm or palms treated v,'ith an antibiotic approved by the Public Services L\dministrator or designee, failing in which the Board of County Commissioners of Collier Count)' ",,,ill have it done and the cost thereof will be levied as an assessment against such property. (c) If the property owner or someone in his behalf has not abated the threat to property described in said Notice within ten (10) days from the date of the giving of Notice as aforesaid, the County shall forth'Nith abate the same and enter upon the property and take such steps as are reasonably required to effect abatement. SECTION THIRTEEN: Disposal of Lethal Yellowing Infected trees. 7 Words underlined are additions, words struek thrOl:lgh are deletions. --_..,-- ------------- (n) It shall be unlawful for any owner of any parcel of land within Collier County to permit to remain on said property any tree infected v/ith Lethal Yellowing. Trees determined to be 88 infected with Lethal Yellmving by the Public Services ,^~dministrator or designee must be remo'led and disposed of by burial at the County Landfill within ten (10) days of notification to the o':mer. If the County does not decide to remove such tree(s) at the County's costs, notification to property ovmers shall be mailed by certified mail, return receipt requested, or by facsimile, or by e mail, or by ne',vspaper publication, in substantially the following form. TO: ,\DDRESS: PROPERTY: You, as the o':mer of record of the property above described, upon which Coconut palm trees are located, are hereby notified that pursuant to Collier County Ordinance No, 89 69, as amended, the Public Services L^~dministrator or designee on the day of , 2000, has determined that a threat to property exists upon such property caused by the existence of Coconut palms susceptible to being infected ','lith the Lethal Yello\ving disease, YOU ,^..RE HEREBY NOTIFIED that you must abate this threat to public property ',vithin ten (10) days by having said Coconut palm or palms remoyed and disposed of at the County Landfill. Failing in which, the Board of County Commissioners of Collier County will ha','e it done and the cost thereof will be levied as an assessment against such property. (b) If infected trees have not been removed by ovmer within ten (10) days of notification, the County shall forth',vith abate the nuisance and shall, through its employees, servants, agents or contractors, be authorized to enter upon the property and take steps as are reasonably required to effect abatement. SECTION FOURTEEN: Assessment For }..bating Nuisance~ (a) ,^..fter abatement of the nuisance by the County, the cost thereof to the County as to each parcel shall be calculated and reported to the Board of COlHlty Commissioners. Thereupon, the Board of County Commissioners, by resolution, shall assess the cost against such parcel. Such resolution shall describe the land and show the cost of abatement, including administrative costs actually incurred by the County ':/ith respect thereto. Such assessments shall be legal, valid, and binding obligations upon the property against ':A1ich made, until paid. The assessment shall become due and payable thirty (30) days after receipt of any ',vritten form of actual notice of assessment, or posting such notice on the property, after which interest shall accrue at the rate of tv.'elve pereent (12%) per annum on any unpaid portion thereof. 8 Words underlined are additions, words struek throl;Jgh are deletions. (b) The clerk shall mail a notice to the record owner or owners of each of said parcels of land described in the resolation, at the last aTlailable address for such ovmer or ovmers, which notice ~' 88 may be in substantially the following form: NOTICE TO: ADDRESS: PROPERTY: You, as the record O'lmer of the property aboTle described are hereby advised that Collier County, Florida, did, on the _ day of , 19 2000, order the abatement of a certain nuisance existing on the above property, sending you notice thereof, such nuisance being Coconut palm tree(s) requiring inoculation against the lethal yellowing disease. A copy of such notice has been heretofore sent you. You failed to abate such nuisance; ",..hereupon, it was abated by Collier Cormty at a cost of $ Such cost, by resolution of the Board of County Commissioners of Collier County, Florida, has been assessed against the above property on , 2000, and shall become a lien on the property thirty (30) days after such assessment. You may request a hearing before a Code Enforcement Board to sho"'l cause, if any, why the expenses and charges incurred by the County under this Ordinance are excessive or unwarranted, or why such expenses should not constitute a lien against the property. Said request for hearing shall be made to the Clerk of the Board of County Commissioners, in writing, \vithin thirty (30) days from the date of assessment. (c) If the owner fails to pay such assessment '.vithin thirty (30) days after said assessment has been made, the Board of County Commissioners shall cause a certified copy of the assessment resolution to be filed in the office of the Clerk of Courts in and for Collier County, Florida; and the assessment shall constitute a lien against the property as of the date of filing such copy with the Clerk of Courts and shall be collectible in the same manner as liens for non payment of property taxes. (d) Collection of such assessments, with interest and a reasonable attorney's fee, may also be made by the BOlli'd of County Commissioners by proceedings in a court of equity to foreclose the lien on the assessment in the manner in which a lien for mortgages is foreclosed under the laws of Florida; and it shall be lawful to join in any complaint for foreclosure of one or more lots or parcels of land, by wnomeT,er owned, if assessed under the provisions of this Section. The property subject to lien may be redeemed at any time prior to sale by the owner by paying the total amount due under said lien, including interest, court costs, advertising costs and reasonable attorney's fees. SECTION FIFTEEN: Right to Heuring on .^..ssessment. (a) 'Nithin thirty (30) days of the date of assessment, any owner shall haTle the right to request a hearing bef-ore a Code Enforcement Board to shovl cause, if any, 'llhy the expenses and 9 Words underlined are additions, words struck through are deletions. -- ._---- charges incurred by Collier County under this Ordinance are excessive or umvarranted or v/hy sucR e"pense, """HId not canstit1ile a lien against said property; Roweyer, nothing contained in 8 B this Section is to be construed to disturb or permit a revie'w of the determination by the Board of the existence of the public nuisance under this Ordinance. (b) Public hearings under this Ordinance shall be held by the Code Enforcement Board upon written application for hearing made to the Code Enforcement Department within thirty (30) days after date of assessment described OOo','e; and an application for hearing, properly filed, shall stay the recording of the assessment until a hearing has been held and a decision rendered by that Board. (c) If after said hearing that Board determines that the assessment is fair, reasonable and ',varranted, the assessment resolution will be recorded forthwith. If the Board determines that the charges are excessive or umvarranted, it shall direct that the charges be recomputed or eliminate them altogether, as the evidence ',varrants. SECTION SIXTEEN: Service of Notice. (a) The requirement of notice under the provisions of this Ordinance shall be met if such notice is mailed by registered or certified mail, return receipt requested, to the ovmer at the address indicated on the records of the Collier County Property .^..ppraiser of such lot or purccl of land for ad ';alorem taxation purposes, or by facsimile, by e mail, or by newspaper publication, and shall be deemed served when sent. HO'Never, if the mailed notice is returned to the postal authorities, then the subject notice shall be adequately given if any form of written notice is actually received by the owner, or if published once a '?leek for two conseoutive weeks in a newspaper of general circulation in Collier County and a copy thereof is posted on the property in question. Failure of such owner to recei','e such nev/spaper notice or posted notice shall not be deemed to be a defense to any legal proceedings implemented under this Ordinance. In addition to the foregoing, if there is an occupied dwelling on such lot or parcel, a copy of the notice required by this Ordinance shall be served upon the occupant of said building by mail, or personal service, or by posting a copy of the notice in a conspicuous place upon the property. (b) Ifthe mailing address of the owner is not known, then service of notice on any occupant in possession shall be sufficient. If the mailing address of the ovmer is not known and the property is unoccupied, the requirement of any such notice shall be met if such notice is posted on such lot or parcel. SECTION NINE SEVENTEEN: Penalties. 10 Words underlined are additions, words struck through are deletions. ~<---~----~.' ~ - _.__."~._,, . (a) If any person fails or refuses to obey or comply with, or violate any of the provisions of this Ordinance, such person, upon a finding of such violation, shall be punished by a fine not to exceed Five Hundred Dollars ($500.00) for each violation. Each violation or non-compliance 8 B may be considered a separate and distinct offense. Further, each day of continued violation or non-compliance may be considered as a separate offense. (b) Nothing herein contained shall prevent or restrict the County from taking such other lawful action in any court of competent jurisdiction as is necessary to prevent or remedy any violation or non-compliance. Such other lawful actions shall include, but shall not be limited to, an equitable action for injunctive relief or an action at law for damages. (c) Further, nothing in this Ordinance shall be construed to prohibit the County from prosecuting any violation of this Ordinance by means of a Code Enforcement Board established pursuant to the authority of Chapter 162, Florida Statutes. (d) All remedies and penalties provided for in this Section shall be cumulative and independently available to the County and the County shall be authorized to pursue any and all remedies set forth in this Section to the full extent then allowed by law. SECTION TEN. INCLUSION IN THE CODE OF LAWS AND ORDINANCES. The provisions of this Ordinance shall become and be made a part of the Code of Laws and Ordinance of Collier County, Florida. The sections of the Ordinance may be renumbered or re-Iettered to accomplish such, and the word "ordinance" may be changed to "section," "article," or any other appropriate word. SECTION ELEVEN: CONFLICT AND SEVERABILITY. In the event this Ordinance conflicts with any other ordinance of Collier County or other applicable law, the more restrictive shall apply. If any phrase or portion of this Ordinance is held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not effect the validity of the remaining portion. SECTION TWELVE. EFFECTIVE DATE. This Ordinance shall become effective upon receipts of notice from the Secretary of State that this Ordinance has been filed with the Secretary of State. II Words underlined are additions, words struck through are deletions. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this day of ,2004. 88 I-r.'. i'" ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E BROCK, Clerk OF COLLIER COUNTY, FLORIDA By: e.- By: ~~ d&. " . .9" 'i ~ < DONN~ FIALA, ChaIrman - 'I. '--'" ' "::i" Atte$~D\to~~{~~ itft ! s 1 gnittl\~(Q 1 J.. itk~) ~...:/.~~ l~ . .' . ': C"'a'. . ..- :t..;~l' i:' ~.~ ~1,,~ ~ ...#".....~';o" ..~ ." A . !d;~' ~ ~~l~ ,) \~' . ;. pprove' .~ . )\\,. ", ,,<;,~,""mH..tI. ,'~' legal sufficIene,Yl;.....;.;,;.. . ~ 8L--- lOw\. Thomas C. Palmer Assistant County Attorney 12 Words underlined are additions, words stnlck through are deletions. ---,-~.--,.~ . --_-.. --..-------""'--.-.-...-- STATE OF FLORIDA) 88 I~ COUNTY OF COLLIER) I, DWIGHT E. BROCK, Clerk of Courts in and for the Twentieth Judicial Circuit, Collier County, Florida, do hereby certify that the foregoing is a true and correct copy of: ORDINANCE 2004-11 Which was adopted by the Board of County Commissioners on the 24th day of February, 2004, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 25th day of February, 2004. DWIGHT E. BROCK Clerk of court~tJ.'e,1;Jc Ex-officio to ," .:, ~r~~"'~ "lf~"". ",i';"'"o~, ~ County commis~~~B":;'~~~"~~~, ~ r....i.. '- '\\.Hj'.~~ '11 ,. ,,~ ~,~. ......~,..'. ""'.,'~: \ '::"" ~ ~ It - ,. '.,'. - , ,,,.- -: :. '~'I',: S'(} · L; ~ . -; -. : ,', ," ft!:J:: :; '. " "II!; ,) ~~ :; ~ :J ~' ~ ~ '.,- ::,'i:!'::( , .. ..~ :;.:' ~ \. -"-I~I/<~;...~~l ~t' !:.~ ~,~ I ..,.. ,".'~ ....' By: L~nda A..-,,, ~zer .1" <,:,.:.." .0:.. ~.. ".....i ~;,.' .....,.... Deputy CI&~f'~_,,~.,~ .,)1.' ]11 '-1"" '\\. , ""'UIUIl\l\\ .-...--. ---,- 02/02/04 16:56 FAX 9416436968 COLLIER CO COMMUNITY DEV III 0011005 (i) Be . . _;). ,0" Department of ZonIlg and Lind Development Revillw 2800 North Horseshoe Drive Naples, Florida 34104 (239) 403-2400 (239) 643-6968 or (239) 21 :i-2916 FAX Fax - V Too ~ ~V'^ ~~~(i''O---+l~ Fax: II L-t- CO tf<::J S Data: ~/~/O'i Phone: P..-= Re: CC: au...... o For Review a P1eeee CoInment o PI.... Reply o PI... Recycle eComments: -- CbLLIER COUNTY FLORlIJA REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS .. Q f" To:" Clerk to the Board: Please place the following as a: CJ ~ :' Normal legal Advertisement Other: (Display Adv" location, etc.) n" '..~' ********************************************************...*.....*....*..*.............*...**....**.***** Originating Dept/ Div: Comm.Dev.Serv,/Planning Person: Russell Webb Date: 2/2/04 Petition No, (If none, give brief description): LDC- 2003- Cycle (III) Petitioner: (Name & Address): Russell Webb, Department of Zoning and Land Development Review, 2800 North Horseshoe Drive Name & Address of any person(s) to be notified by Clerk's Office: (If more space is needed, attach separate sheet) Hearing before BCC XX BZA Other Requested Hearing date: 2/24/04 Based on advertisement appearing 10 days before hearing. Newspaper(s) to be used: (Complete only if important): XXX Naples Daily News Other o Legally Required Proposed Text: (Include legal description & common location & Size: See attached ad - Amend Sec. 3.13 Does Petition Fee include advertising cost? XX Yes 0 No If Yes, what account should be charged for advertising costs: 113-138312-649110 Reviewed by: Approved by: -~~ ~/z /0 ~ /Division Head Date County Manager Date DISTRIBUTION INSTRUCTIONS A. For hearings before BCC or BZA: Initiating person to complete one coy and obtain Division Head approval before submitting to County Manager. Note: If legal document is involved, be sure that any necessary legal review, or request for same, is submitted to County Attorney before submitting to County Manager. The Manager's office will distribute copies: o County Manager agenda file: to o Requesting Division o Original Clerk's Office B. Other hearings: Initiating Division head to approve and submit original to Clerk's Office, retaining a copy for file. ************************.*******************************.*....***.****.**.***.**.****.*****.************* FOR CLERK'S OFFICE USE ONLY: Date Received: Date of Public hearing: Date Advertised: ._~.." .' , " ""...---..-..... COLLIER COUNTY GOVERNMENT 8e '~r Community Development and Environmental Services Division Planninl5 Services DMErtment. 2800 North Horscshoc Drive · Naples, Florida 34104 ZONING AND LAND EVELOP NT REVIEW February 2, 2004 Naples Daily News 1075 Central Avenue Naples, Florida 33940 ATTENTION: LEGAL ADVERTISING Dear Ms, Perrell: Please publish the following public notice as a separate advertisement for a Display, Y4 page, with map attached, Legal Notice in your edition of February 13 ,2004, and furnish proof of publication of the advertisement to the Collier County Development Services Building, Zoning and Land Development Review, 2800 North Horseshoe Drive, Naples, Florida 34104, Attention: Cecilia Martin. PLEASE SEND DUPICATE ORIGINAL to Patrick G. White, Esquire, ACA, Collier County Attorney's Office, 2800 North Horseshoe Drive, Suite 300, Naples, Florida 34104. February 24, 2004 BCC PUBLIC HEARING NOTICE OF LAND DEVELOPMENT CODE CHANGE AND INTENT TO ADOPT PROPOSED ORDINANCE Notice is hereby given that on February 24, 2004, at 1 :00 P,M., in the Board of County Commissioners Meeting Room, 3rd Floor, Harmon Turner Building "F," Collier County Go'.'ernment Center, 3301 East Tamiami Trail, Naples, Florida, the Board of County Commissioners, proposes to take under advisement amendments to the Collier County Land Development Code leading to passage of an Ordinance, the title of which is as follows: AN ORDINANCE AMENDING ORDINANCE NUMBER 91-102, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH INCLUDES THE COMPREHENSIVE REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY PROVIDING FOR: SECTION ONE, RECITALS; SECTION TWO, FINDINGS OF FACT; SECTION THREE, ADOPTION OF AMENDMENTS TO THE LAND DEVELOPMENT CODE, MORE SPECIFICALLY AMENDING THE FOLLOWING: ARTICLE 3, DEVELOPMENT REQUIREMENTS, DIVISION 3,13, ~NCL~DI~1~R~EV~SI~NS :0 COASTAL CONSTRUCTION <> ... ... t. .v Phone (239)403-2400 Fax (239) 64~-696h www.collicrgov.net _..,---- -. . rc .,~ '.~ SETBACK LINE VARIANCE; SECTION FOUR, CONFLICT AND SEVERABILI-tJ 'I .' SECTION FIVE, INCLUSION IN THE COLLIER COUNTY LAND DEVELOPMENT CODE; AND SECTION SIX, EFFECTIVE DATE. All interested parties are invited to appear and be heard. Copies of the proposed ordinance are available for public inspection in the Department of Zoning and Land Development Review, Community Development Services Center, 2800 N, Horseshoe Drive, Naples, Florida, between the hours of 8:00 A.M, and 5:00 P.M" Monday through Friday, Final adoption of the ordinance will be considered at this public hearing. If a person decides to appeal any decision made by the Collier County Board of County Commissioners with respect to any matter considered at such meeting or hearing, he will need a record of the proceedings, and for such purpose he may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA DONNA FIALA, CHAIRMAN DWIGHT E. BROCK, CLERK By: Patricia Morgan, Deputy Clerk BCC Ad (10 day) -2- . . 8e '; . - .. . - . ~_ CXUITf 0&IlC CXIUIItT <{ 0 CIlWI:Il _n c:::ua CCUII1T 'X (Y 0 ... 0 -.J l1.. >- r- : .,- .. Z ...: It: :J .,; 0 ::i U ~ :i < 0 u - II) n::: w . -.J .. . -.J .. 0 Cl U ri . . iii 1; 1; I ) .. z . ~ , 0 i I .. a . - 1; !: a ~ 6Z "-S .. .. ~ 5 ~ ~ = .. .. ... .. ri tS - D ri iii ~ Cl rr! U ~ 8 ; 8 b 15 ~ a . b I ~ .. ;. . I,. _n _."......,__.~~......,_ _ ,.,.,....._. . - :L _.__.._.,,-~-,,- ..~-'~..<---~-,--""-_.~--_.__.._,..~~--,--,._..- 02/02/04 16:56 FAX 9416436968 .. ___ COLLIER CO COMMUNITY DEV III 002/005 COLLIEa COUNTY FLORIDA REQUEST FOR LEGAL ADVERTISING OF PVBllC HEARINGS To: Clerk to tbe Board: Please place the following as a: 8 C ',' ,'. Normallegal Advertisement Other: (Display Adv., location, etc.) . . . "':~ ***********..******.***..**...***..**.*..*****.*.*.***..****.*..***........**.*.**.**....**..........**** Originating Deptl Div: Comm.Dev.Serv./Plannin& Person: Russell Webb Date: 2/2/04 Petition No. (If none, give brief description): LDC- 2003- Cycle (IIl) Petitioner: (Name & Address): Russell Webb, Department of Zoning and Land Development Review, 2800 North Horseshoe Drive Name & Address ofany person(s) to be notified by Clerk's Office: (lfriJOre space is needed, attach separate sheet) Hearing before BCC XX aZA Other . Requested Hearing date: 2/24104 Based on advertisement appearing .-!!L- days before hearing. Newspaper(s) to be used: (Complete only ifimportartt): XXX Naples Daily News Other 0 Legany Required Proposed Text: (Include legal description & common location & Size: See attached ad - Amend Se~3.13 Does Petition Fee include advertising cost? XX Yes 0 No lfYes, what account should be charged for advertising costs: 113-138312-649110 Reviewed by: Approved by: ~~ 1-/1/o~ /Division Head Date County Manager Date DlSTRIlJUTlON INSTRUCTIONS A. For hearings before BCC or.BZA: Inidating person to complete one coy and obtaio.Dlvision Head approval before submitting to County Manager. Note: If legal document is involved, be sure that any necessary legal review, or reqnest for same, is submitted to County Attorney before submitting to County Muager. Tbe Muager's office will distribute copies: o County Manager agenda file: to 0 Requesting Division 0 Orieinal Clerk's Office B, Other hearings: Initiating Division head to approve and submit original to Clerk's Office, retaining a copy for file. .***.*******.**.**************.**.***...***.****.**.*.****.**..****..****.*****.***.********.****.*..**** FOR CLERK'S OFFICE USE ONLY: Date Received: ~ Date of Public bearing: ~ Date Advertised: ~o4 ORDINANCE NO. 04- Be AN ORDINANCE AMENDING ORDINANCE NUMBER 91-102, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH INCLUDES THE COMPREHENSIVE REGULA TIONS FOR THE UNINCORPORA TED AREA OF COLLIER COUNTY, FLORIDA, BY PROVIDING FOR: SECTION ONE, RECIT ALS; SECTION TWO, FINDINGS OF F ACT; SECTION THREE, ADOPTION OF AMENDMENTS TO THE LAND DEVELOPMENT CODE, MORE SPECIFICALL Y AMENDING THE FOLLOWING: ARTICLE 3, DIVISION 3.13, INCLUDING REVISIONS TO COASTAL CONSTRUCTION SETBACK LINE VARIANCE; SECTION FOUR, CONFLICT AND SEVERABILITY; SECTION FIVE, INCLUSION IN THE COLLIER COUNTY LAND DEVELOPMENT CODE; AND SECTION SIX, EFFECTIVE DATE. WHEREAS, on October 30, 1991, the Collier County Board of County Commissioners adopted Ordinance No. 91-102, the Collier County Land Development Code (hereinafter LDC), which has been subsequently amended; and WHEREAS, the LDC may not be amended more than two times in each calendar year unless additional amendment cycles are approved by the Collier County Board of County Commissioners pursuant to Section 1.19.1., LDC; and WHEREAS, this is the third amendment to the LDC, Ordinance 91-102, for the calendar year 2003; and WHEREAS, on March 18, 1997, the Board of County Commissioners adopted Resolution 97-177 establishing local requirements and procedures for amending the LDC; and WHEREAS, all requirements of Resolution 97-177 have been met; and WHEREAS, the Board of County Commissioners, in a manner prescribed by law, did hold advertised public hearings on February 11, 2004 and February 24, 2004, and did take action concerning this amendment to the LDC; and WHEREAS, the subject amendments to the LDC are hereby determined by this Board to be consistent with and to implement the Collier County Growth Management Plan as required by Subsections 163.3194 (1) and 163.3202 (1), Florida Statutes; and WHEREAS, all applicable substantive and procedural requirements of the law have been met. NOW, THEREFORE BE IT ORDAINED by the Board of County Commissioners of Collier County, Florida, that: Page 1 of 5 Words stmok through are deleted, words underlined are added --------,_._-- --_.""~~-.__.- ""----- SECTION ONE: RECIT ALS 8e The foregoing recitals are true and correct and incorporated by reference herein as if fully set forth. SECTION TWO: FINDINGS OF FACT The Board of County Commissioners of Collier County, Florida, hereby makes the following findings of fact: 1. Collier County, pursuant to Sec. 163.3161, et seq., Fla. Stat., the Florida Local Government Comprehensive Planning and Land Development Regulations Act (hereinafter the "Act"), is required to prepare and adopt a Comprehensive Plan. 2. After adoption of the Comprehensive Plan, the Act and in particular Sec. 163-3202(1). Fla. Stat., mandates that Collier County adopt land development regulations that are consistent with and implement the adopted comprehensive plan. 3. Sec, 163.3201, Fla. Stat., provides that it is the intent of the Act that the adoption and enforcement by Collier County of land development regulations for the total unincorporated area shall be based on; be related to, and be a means of implementation for, the adopted Comprehensive Plan as required by the Act. 4, Sec. 163,3194(1)(b), Fla. Stat., requires that all land development regulations enacted or amended by Collier County be consistent with the adopted Comprehensive Plan, or element or portion thereof, and any land development regulations existing at the time of adoption which are not consistent with the adopted Comprehensive Plan, or element or portion thereof, shall be amended so as to be consistent. 5. Sec. 163.3202(3), Fla. Stat., states that the Act shall be construed to encourage the use of innovative land development regulations. 6. On January 10, 1989, Collier County adopted the Collier County Growth Management Plan (hereinafter the "Growth Management Plan" or "GMP") as its Comprehensive Plan pursuant to the requirements of Sec, 1634.3161 et seq. Fla. Stat., and Rule 9J-5, F.A.C. 7. Sec. 163.3194(1 )(a), Fla. Stat., mandates that after a Comprehensive Plan, or element or portion thereof, has been adopted in conformity with the Act, all development undertaken by, and all actions taken in regard to development orders by, governmental agenCIes III regard to land covered by such Comprehensive Plan or element or portion thereof shall be consistent with such Comprehensive Plan or element or portion thereof. 8. Pursuant to Sec. 163.3194(3)(a), Fla. Stat., a development order or land development regulation shall be consistent with the Comprehensive Plan if the land uses, densities or intensities, in the Comprehensive Plan and if it meets all other criteria enumerated by the local government. 9. Section 163,3194(3)(b). Fla. Stat., requires that a development approved or undertaken by a local government shall be consistent with the Comprehensive Plan if the land uses, densities or intensities, capacity or size, timing, and other aspects of development are compatible with, and further the objectives, policies, land uses, densities or intensities in the Comprehensive Plan and if it meets all other criteria enumerated by the local government. Page 2 of 5 Words struck tRTOl:Igh are deleted, words underlined are added --- --".--.-..-- -'-'-.---'..-..----.-.- ..--- 10, On October 30, 1991, Collier County adopted the Collier County 8e Land Development Code, which became effective on November 13, 1991 and may be amended twice annually. 11. Collier County finds that the Land Development Code is intended and necessary to preserve and enhance the present advantages that exist in Collier County; encourage the most appropriate use of land, water and resources, consistent with the public interest; overcome present handicaps; and deal effectively with future problems that may result from the use and development of land within the total unincorporated are of Collier County and it is intended that this Land Development Code preserve, promote, protect, and improve the public health, safety, comfort, good order, appearance, convenience, and general welfare of Collier County; prevent the overcrowding of land and avoid the undue concentration of population; facilitate the adequate and efficient provision of transportation, water, sewerage, schools, parks, recreational facilities, housing, and other requirements and services, conserve, develop, utilize, and protect natural resources within the jurisdiction of Collier County; and protect human, environmental, social, and economic resources; and maintain through orderly growth and development, the character and stability of present and future land uses and development in Collier County. 12. It is the intent of the Board of County Commissioners of Collier County to implement the Land Development Code in accordance with the provisions of the Collier County Comprehensive Plan, Chapter 125, Fla. Stat., and Chapter 163, Fla. Stat., and through these amendments to the Code. SECTION THREE: ADOPTION OF AMENDMENTS TO DIVISION 3.13. COASTAL CONSTRUCTION SETBACK LINE V ARIANCE OF THE LAND DEVELOPMENT CODE Division 3.13., Coastal Construction Setback Line Variance, of Ordinance 91-102, as amended, the Collier County Land Development Code, is hereby amended to read as follows: * * * * * * Sec, 3,13.8. Perm its, The following activities seaward of the coastal construction setback line shall not require a hearing by the board of county commissioners, but shall require a coastal construction setback line permit. Such permit shall be reviewed and approved administratively by site development review environmental staff. The appropriate fee as set by county resolution shall be submitted with permit application. * * * * * * 3.13.8.3. Beach Nourishment or maintenance dredging:, Certain activities that may temporarily alter ground elevations such as artificial beach nourishment projects. excavation or maintenance dredging of inlet channels may be permitted seaward of the coastal construction setback line if said activity is in compliance with the Collier County Growth Management Plan and receives Federal and State agency approvals. Until such time as the fee schedule can be amended, the fee shall be $400.00 for these Beach Nourishment permits. * * * * * * Sec, 3,13.9, Penalty and civil remedies, * * * * * * Page 3 of 5 Words stmek throl:lgh are deleted, words underlined are added ".--". . 8e IIIll1! 3.13.9.3.-l-c Penalty for a violation of subsection 3.13.7. 3. Notwithstanding the penalties set forth elsewhere in this Code, the following violations of subsection 3.13.7.3, which occur during sea turtle nesting season: * * * * * * B) Beach front property owners who leave beach furniture unattended on the beach between 9:30 pm and the time of the next day's sea turtle monitoring, are subject to the following penalties: First violation: Written notice of ordinance violation. Second violation: Up to $1,000.00 fine. Third or more violation: $2,500.00 fine. More than three violations: $5,000.00 fine. * * * * * * SECTION FOUR: CONFLICT AND SEVERABILITY In the event this Ordinance conflicts with any other Ordinance of Collier County or other applicable law, the more restrictive shall apply. If any phrase or portion of this Ordinance is held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion. SECTION FIVE: INCLUSION IN THE COLLIER COUNTY LAND DEVELOPMENT CODE The provisions of this Ordinance shall become and be made a part of the Land Development Code of Collier County, Florida. The sections of the Ordinance may be renumbered or relettered to accomplish such, and the word "ordinance" may be changed to "section", "article", or any other appropriate word, SECTION SIX: EFFECTIVE DATES This Ordinance shall become effective upon filing with the Department of State. Page 4 of 5 Words struck throl:lgh are deleted, words underlined are added PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier 8C County, Florida, this day of ,2004. ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: Deputy Clerk By: DONNA FIALA, CHAIRMAN Approved as to form and ~ncY: . .\~ atrick G. WhIte Assistant County Attorney Page 5 of5 Words struek througH are deleted, words underlined are added -...-..... -~_._._-_._-~---"-_., 8e !-h~ February 2, 2004 Attn: Pam Perrell Naples Daily News 1075 Central Avenue Naples, Florida 34102 Re: BCC/LDC Amendment Hearing 2/24/2004 Dear Pam: Please advertise the above referenced notice and map (which I have faxed to you) on Friday, February 13, 2004. This advertisement should be no less than one-quarter page and the headline in the advertisement should be in a type no smaller than 18 point, The advertisement should not be placed in that portion of the newspaper where legal notices and classified advertisements appear. Kindly send the Affidavit of Publication, in duplicate, together with charges involved, to this office, Thank you. Sincerely, Ann Jennejohn, Deputy Clerk P.O./Account # 113-138312-649110 8e .11 . '\.j -, ZONING AND LAND DEVELOPMENT REVIEW February 2, 2004 Naples Daily News 1075 Central Avenue Naples, Florida 33940 ATTENTION: LEGAL ADVERTISING Dear Ms. Perrell: Please publish the following public notice as a separate advertisement for a Display, % page, with map attached, Legal Notice in your edition of February 13 ,2004, and furnish proof of publication of the advertisement to the Collier County Development Services Building, Zoning and Land Development Review, 2800 North Horseshoe Drive, Naples, Florida 34104, Attention: Cecilia Martin. PLEASE SEND DUPICATE ORIGINAL to Patrick G. White, Esquire, ACA, Collier County Attorney's Office, 2800 North Horseshoe Drive, Suite 300, Naples, Florida 34104. February 24, 2004 BCC PUBLIC HEARING NOTICE OF LAND DEVELOPMENT CODE CHANGE AND INTENT TO ADOPT PROPOSED ORDINANCE Notice is hereby given that on February 24, 2004, at 1 :00 P.M., in the Board of County Commissioners Meeting Room, 3rd Floor, Harmon Turner Building "F," Collier County Government Center, 3301 East Tamiami Trail, Naples, Florida, the Board of County Commissioners, proposes to take under advisement amendments to the Collier County Land Development Code leading to passage of an Ordinance, the title of which is as follows: AN ORDINANCE AMENDING ORDINANCE NUMBER 91-102, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH INCLUDES THE COMPREHENSIVE REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY PROVIDING FOR: SECTION ONE, RECITALS; SECTION TWO, FINDINGS OF FACT; SECTION THREE, ADOPTION OF AMENDMENTS TO THE LAND DEVELOPMENT CODE, MORE SPECIFICALLY AMENDING THE FOLLOWING: ARTICLE 3, DEVELOPMENT REQUIREMENTS, DIVISION 3.13, INCLUDING REVISIONS TO COASTAL CONSTRUCTION -1- ----~-,._-,~....-~-,._--,,,.,-_.__.._.,._..._-~.__.-- ,-".---_. - .... --_._~"'-_._-- ~.. 8e ..~ SETBACK LINE VARIANCE; SECTION FOUR, CONFLICT AND SEVERABILITY; SECTION FIVE, INCLUSION IN THE COLLIER COUNTY LAND DEVELOPMENT CODE; AND SECTION SIX, EFFECTIVE DATE. All interested parties are invited to appear and be heard. Copies of the proposed ordinance are available for public inspection in the Department of Zoning and Land Development Review, Community Development Services Center, 2800 N, Horseshoe Drive, Naples, Florida, between the hours of 8:00 A.M, and 5:00 P.M., Monday through Friday. Final adoption of the ordinance will be considered at this public hearing. If a person decides to appeal any decision made by the Collier County Board of County Commissioners with respect to any matter considered at such meeting or hearing, he will need a record of the proceedings, and for such purpose he may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA DONNA FIALA, CHAIRMAN DWIGHT E. BROCK, CLERK By: Patricia Morgan, Deputy Clerk BCC Ad (10 day) -2- U"__~".___ .-._~._." 02102104 16~5 7XUJ~416 4 3696 B COLLIER CO COMMUNITY DEV . ' -- . . c... _-"",j~, COLLffiRCOUNTYGOVERNMENT 8e .. Community Development and Environmental Services DivisioD Pl~nOg~Et8 D~~:r-rrU.:. 2~~North Horseshoe Drive · Naples, Florida 34104 ZONING AND LA D P T VI February 2, 2004 Naples Daily News 1075 Central Avenue Naples, Florida 33940 ATTENTION: LEGAL ADVERTISING Dear Ms. Perrell: Please publish the following public notice as a separate advertisement for a Display, 'I. page, with map attached, Legal Notice in your edition of February 13 , 2004, and furnish proof of publication of the advertisement to the Collier County Development Services Building, Zoning and Land Development Review, 2800 North Horseshoe Drive, Naples, Florida 34104, Attention: Cecilia Martin. PLEASE SEND DUPICATE ORIGINAL to Patrick G. White, Esquire, ACA, Collier County Attorney's Office, 2800 North Horseshoe Drive, Suite 300, Naples, Florida 34104. February 24, 2004 BCe PUBLIC HEARING NOTICE OF LAND DEVELOPMENT CODE CHANGE AND INTENT TO ADOPT PROPOSED ORDINANCE Notice is hereby given that on February 24, 2004, at 1:00 P,M., in the Board of County Commissioners Meeting Room, 3,d Floor, Harmon Turner Building "F," Collier County Government Center, 3301 East Tamiami Trail, Naples, Florida, the Board of County Commissioners, proposes to take under advisement amendments to the Collier County Land Development Code leading to passage of an Ordinance, the title of which is as follows: AN ORDINANCE AMENDING ORDINANCE NUMBER 91-102, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH INCLUDES THE COMPREHENSIVE REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY PROVIDING FOR: SECTION ONE, RECITALS; SECTION TWO, FINDINGS OF FACT~ SECTION THREE, ADOPTION OF AMENDMENTS TO THE LAND DEVELOPMENT CODE, MORE SPECIFICALLY AMENDING THE FOLLOWING: ARTICLE 3, DEVELOPMENT REQUIREMENTS, DIVISION 3,13, ~NCL~DI~fV~SI~NS ~O COASTAL CONSTRUCTION ., .. " c y Phone (239) 403-2400 Fax (239) 643-696& www.colliergov.nel ._-- 02/02104 16:57 FAX 9416436~68 COLLIER CO COMMUNITY DEV ~O04l005 Be SETBACK LINE VARIANCE; SECTION FOUR, CONFLICT AND SEVERABILITY; SECTION FIVE, INCLUSION IN THE COLLIER COUNTY LAND DEVELOPMENT CODE; AND SECTION SIX, EFFECTIVE DATE. All interested parties are invited to appear and be heard. Copies of the proposed ordinance are available for public inspection in the Department of Zoning and Land Development Review, Community Development Services Center, 2800 N. Horseshoe Drive, Naples, Florida, between the hours of 8:00 A.M. and 5:00 P.M., Monday through Friday. Final adoption of the ordinance will be considered at this public hearIng. If a person decides to appeal any decision made by the Collier County Board of County Commissioners with respect to any matter considered at such meeting or hearing, he will need a record of the proceedings, and for such purpose he may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA DONNA FIALA, CHAIRMAN DWIGHT E. BROCK, CLERK By: Patricia Morgan, Deputy Clerk BCC Ad (10 day) -2- <-^------- - ----~ "- _._-_._-~ - 8e .. <c' t . ,. , ~ . , @ & ~ a ~ a - ~ . l ... :- 1il - ~ . - ... .. - . .. J: - .. - II I i SJI. 1. :r :r - . II 0 : :I: .. I i . ~ n :t :t - 0 . . . . . r- .. . .. c. ", - ::0 ... - ~ (') ~ ... 0 != C !'" - Z :II -I Z'< -< . ~ : ." r 0 w :::0 l - 0 _ G1'IlII ~ lIIR'GO )> . . ,wnIIJ ,... ~ ..... . - . . ' .. . . . soo/!;oo~ AHa XLlNilWWO~ O~ MHI~~O~ 8969tt9Tt6 YVd lS:91 tonono ~ -~_.,_..,._..._- UP Fax 1230 Log for Minutes & Records 8e 2397748408 Peb 02 2004 4:44PM Last Transaction ~ ~ ~ Identification Duration ~ Result Peb 2 4:43PM Pax Sent 92634703 0:57 4 OK -- _...._..w _._-- it 8e ". Ann P. Jennejohn To: Pam Perrell (E-mail) Subject: BCC/LDC: 2/24/04 Hearing (10 day Ad) Hello Pam, Please advertise the attached on Friday, February 13th, 2004. I will fax over another copy of the notice with the display map to be advertised. Thanks Pam! Ann ~~daY ~ LDC 2-24-04 Minutes & Records .doc hearing.doc 1 Ann P. Jennejohn 8e From: postmaster@c1erk.collier.fl.us Sent: Monday, February 02, 20044:45 PM To: Ann P. Jennejohn Subject: Delivery Status Notification (Relay) r~ B \..~" ATT38247.txt BCC/LDC: 2/24/04 Hearing (10 d... This is an automatically generated Delivery Status Notification. Your message has been successfully relayed to the following recipients, but the requested delivery status notifications may not be generated by the destination. paperrell@naplesnews.com 1 8 fQ Ann P. Jennejohn .IV From: System Administrator [postmaster@naplesnews.com] Sent: Monday, February 02, 2004 4:48 PM To: Ann P. Jennejohn Subject: Delivered: BGG/LDG: 2/24/04 Hearing (10 day Ad) [2] ">;.,./ BCC/LDC: 2/24/04 Hearing (10 d... <<BCC/LDC: 2/24/04 Hearing (10 day Ad)>> Your message To: Pam Perrell (E-mail) Subject: BCC/LDC: 2/24/04 Hearing (10 day Ad) Sent: Man, 2 Feb 2004 16:44:17 -0500 was delivered to the following recipient(s): Perrell, Pamela on Man, 2 Feb 2004 16:47:56 -0500 ( 1 ---~._.~..."~ -- -~._-^-- -.., ~--,._"-,-- 8e P4f ..~ NAPLES DAILY NEWS Published Daily Naples, FL 34102 ---- Affidavit of Publication State of Florida County of Collier ....Wg1 Before the undersigned they serve as the authority, personally appeared B. Lamb, who on oath says that they 'Give light and the people wUl find their I serve as the Assistant Corporate Secretary of the Naples Daily, I a daily newspaper published at Naples, in Collier County, .'. Robert W. Burdidt PhIUp P. Lewts W1UIam H. BIInt Florida; distributed in Collier and Lee counties of Florida; that ~_.- - '-- the attached copy of the advertising, being a ..~ 1075 Central Avenue, Naples. Florida 34102 2 PUBLIC NOTICE I ,t(l JUSTICE SYSTEM ,<:.'g in the matter of Public Notice -I ~i as published in said newspaper 1 ~:EiiJudge stands up fOJ time in the issue on February 13th , 2004 ~l:,by turning down p l ttnd.. Affiant further says that the said Naples Daily News is a newspaper 1.18 pt Citizens looking for a hero amid a' crimi published at Naples, in said Collier County, Florida, and that the said IJIPO.1 have found one - Southwest Florida Cire newspaper has heretofore been continuously published in said Collier Reese. County, Florida; distributed in Collier and Lee counties of Florida, ~)(Wt t The Fort Myers-based judge looked dov each day and has been entered as second class mail matter at the post office in Naples, in said Collier County, Florida, for a period of I ,::.on Wednesday, tQok note of the plea b: year next preceding the first publication of the attached copy of O.r.mq · have removed a felony count from a dOl advertisement; and affiant further says that he has neither paid nor ,I uo sexually assaulting a hypnotized womar promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for l:d U and halted the downgrade to three m.i publication in the said new.spaper. t latter would have brought probation all ;i,A doctor's license; a felony conviction coull to IS years in prison. ( Signature of affiant) . In language that even non-lawyers ( Reese said the diluted deal for Dr. p., Sworn to and subscribed before me "trivializes the complaints of witnesses." np "Given what I know about this case, This 18th day of February ,2004 :w.; 'accept this plea," Reese said. , The defendant, who promptly laid doWI e tZ,.~/f! as if in disbelief, was not the only one ca -"":-:'wer,e ~cma..who hav:e.hecome accustnDl (Signature of notary public) .-..---.>--.--- .---- , it il ! 8e..' I' [I __~ Ii PUBLIC NOTICE PUBLIC NOTICE PUBLIC NO Ii il NAP.LES D~L Y NEWS FEBRUARY 24, 2004 Ij Pubhshed Dally BCC PUBLIC HEARING :1 Naples, FL 34102 I Affidavit of Publication IOTICE .OF LAID DEVELOPMENT CODE CHAII I State of Florida AID IITENT ~ ADOPT PROPOSED ORDllAlt ~ County of CollIer Notice Is hereby given that on TUESDAY, FEBRUARY 24, 2004, at 1 :00 P.M. , .' all Board of CQunty Commissioners Meeting Room, 3rd Floqr, Harmon Turner Bu Before the underSIgned they serve as the authonty, person y .F", CoIUerCourtty Government Center, 3301 East Tarnlaml Trail, Naples, Florid appeared B. Lamb, who on oath says that they . , Board 01 ~nty Commissioners. proposes to take under advisement amend I serve as the Assistant Corporate Secretary. ofth~ Naples Dally, to the CQIlIer County Land Development Code leading to passage of one or a daily newspaper published at Naples, I~ CollIer C?~ty, . OrdInanc:8$, the title of which follows: Florida; distributed in Collier and Lee countles ofFlonda, that the attached copy of the advertising, being a AN ORDINANCE AMENDING ORDINANCE NUMBER 91-102, , AMENDED, . THE COLLIeR COUNTY... LAND DEVELOPMENT CODI PUBLIC NOTICE WHlpH INCWDes THe COMPREHENSIVE REGULATIONS FO THE UNINCORPORATED ~EA OF .COLLIER COUNTY, FLORIDA, E , in the matter of Public Notice PROVIDING FOR: SeCTION ONE. RECITALS; SECTION'TWO, FINDING . OF FAC'r,8ECTION THREE. ADOPTION OF AMENDMENTS TO TH s published in said newspaper 1 LAND DEVeLOPMENT CODE, MORE SPECIFICALLY AMENDING TH a FOLLOWt~G: ARTICLE 3. DEVELOPMENT REQUIREMENTS, DIVlSIO . 'th' sue 3.13,.INCWPING REVISIONS. TO COASTAL CONSTRUCTION SETBAC tlme ill e IS UNE VARIANCE; SECTION' FOUR, CONFUCT AND SEVEAABILIT on February 11th, 2004 SECTION FIVE. INCLUilON IN THE COLLIER COUNTY LAN DEVELOPMENT CODE; AND SECTION SIX, EFFECTIVE DATE. Affiant further says. that .the sai? Naples Daily ~ews is a newspap~r t:taIE: All Interested parties are Invited to. appear and be heard. Copies ( ublished at Naples, In said Collier County, Flonda, an~ tha~ the sa.ld . .. .. ~ewspaper has heretofore been continuously publish~d In said ~olller proposed ordinance are available for public Inspection In the D~partment of Zl County Florida' distributed in ColIier and Lee counties ofFlonda, and Land Development Review, Community Development Services Center, 28 each d~y and h;s been entered as second class.mail matter ~t the post Horseshoe Drive, Naples, Florida, between the hours of 8:00 A.M. and 5:00 office in Naples, in said Collier County, Flonda, for a penod of i Monday through Friday. Final Adoption of the ordinance will be considered Ii year next preceding the first publication of the attached co~y 0 publiC meeting advertisement. and affiant further says that he has neither paid nor . romised an; person, firm or corporation any discount, rebate. . . . ~omrnission or refund for the purpose of securing this advertisement for If a person decides to appeal a deciSion made by the Collier County B~ard of Cl publication in the said newspaper. Commissioners with respect to any matter considered at such meeting or hel ,.? ~ he will need a record of the proceedings, and for such purpose he maynel /J . ensure that a verbatim record of the proceedings is made, which record Include ( Signature of affiant) testimony and evidence upon which the appeal is to be based. . BOARD OF COUNTY COMMISSIONERS Sw.om to and subscribed before me COLLIER CO U NTY..... · FlOAJD~ 0... ... T1us 17th day of February ,2004 DONNA FIAlA, CHAIRMAN .. ... DWIGHT E. BROCK, CLERK ~. By: Patricia Morgan, DeputY Clerk . "'"~'~''''' Harriett Bushong COWER COUNTY FlORIDA If.:,.,.>l'b. ...i'....r.f~~ MY COMMISSION # DD234689 EXPIRES 0..: ~_ .:~= July 24, 2007 :~,~)~;,-.~:~-~~\~.: ~,(',N()fD :HP!J T~GY l~.\li\j :~!suDP.~CF, INC ",;.,' , - ...- .I <r,~, ....... ' \ No. 1191 JIIAA.~ Febnwy 1: -~ _. ~,- , 8C MEMORANDUM Date: March 5, 2004 To: Russell Webb, Principal Planner Planning Department From: Linda A. Houtzer, Deputy Clerk .~ Minutes & Records Department Re: Ordinance 2004-13 ~( Enclosed please find a copy of the above validated document, Item #8C, as approved by the Board of County Commissioners on February 24, 2004, If you should have any questions, please contact me at 774-8411 Thank you. Enclosure ^."-~.._.,~,."- ---"--- ORDINANCE NO. 04- 13 O~C ~ I . AN ORDINANCE AMENDING ORDINANCE ~oY NUMBER 91-102, AS AMENJ)EJ), THE COLLIER COUNTY LAND DEVELOI)MENT CODE, WHICH INCLUDES THE COMPREHENSIVE REGULA TIONS FOR THE UNINCORPORA TED AREA OF COLLIER COUNTY, FLORIDA, BY PROVIDING FOR: SECTION ONE, RECITALS; SECTION TWO, FINDINGS OF FACT; SECTION THREE, ADOPTION OF AMENDMENTS TO TIlE LAND DEVELOPMENT CODE, MORE SPECIFICALL Y AMENDING THE FOLLOWING: ARTICLE 3, DIVISION 3.13, INCLUDING REVISIONS TO COASTAL CONSTRUCTION SETBACK LINE VARIANCE; SECTION FOUR, CONFLICT AND SEVERABILITY; SECTION FIVE, INCLUSION IN THE COLLIER COUNTY LAND DEVELOPMENT CODE; ANll SECTION SIX, EFFECTIVE llA TE. WHEREAS, on October 30, 1991, the Collier County Board of County Commissioners adopted Ordinance No. 91-102, the Collier County Land Development Code (hereinafter LDC), which has been subsequently amended; and WHEREAS, the LOC may not be amended more than two times in each calendar year unless additional amendment cycles are approved by the Collier County Board of County Commissioners pursuant to Section 1.19.1" LOC; and WHEREAS, this is the third amendment to the LDC, Ordinance 91-102, for the calendar year 2003; and WHEREAS, on March 18, 1997, the Board of County Commissioners adopted Resolution 97-177 establishing local requirements and procedures for amending the LOC; and WHEREAS, all requirements of Resolution 97-177 have been met; and WHEREAS, the Board of County Commissioners, in a manner prescribed by law, did hold advertised public hearings on February 11, 2004 and February 24, 2004, and did take action concerning this amendment to the LDC; and WIIEREAS, the subject amendments to the LDC are hcreby dctermined by this Board to be consistent with and to implement the Collier County Growth Managcment Plan as required by Subsections 163,3194 (I) and 163.3202 (1), Florida Statutes; and WIIEREAS, all applicable substantive and procedural requirements of the law have been met. NOW, THEREFORE BE IT ORDAINED by the Board of County Commissioners of Collier County, Florida, that: Page I of 5 Words struck through are deleted, words underlined are added SECTION ONE: REClTALS ..8 C The foregoing recitals are true and correct and incorporated by reference herein as iffully set forth. SECTION TWO: FINDINGS OF FACT The Board of County Commissioners of Collier County, Florida, hereby makes the following tindings offact: 1. Collier County, pursuant to Sec, 163,3161, ~ g;g., Fla, Stat., the Florida Local 'Government Comprehensive Planning and Land Development Regulations Act (hereinafter the "Act"), is required to prepare and adopt a Comprehensive Plan, 2, After adoption of the Comprehensive Plan, the Act and in particular Sec. 163-3202(1), Fla, Stat., mandates that Collier County adopt land development regulations that are consistent with and implement the adopted comprehensive plan, 3. Sec. 163.3201, Fla. Stat., provides that it is the intent ofthe Act that the adoption and enforcement by Collier County of land development regulations for the total unincorporated area shall be based on; be related to, and be a means of implementation for, the adopted Comprehensive Plan as required by the Act. 4. Sec. 163.3194(1 )(b), Fla, Stat., requires that all land development regulations enacted or amended by Collier County be consistent with the adopted Comprehensive Plan, or element or portion thereof, and any land development regulations existing at the time of adoption which arc not consistent with the adopted Comprehensive Plan, or element or portion thereof, shall be amended so as to be consistent. 5. Sec. 163,3202(3), Fla, Stat., states that the Act shall be construed to encourage the use of innovative land development regulations, 6. On January 10, 1989, Collier County adopted the Collier County Growth Management Plan (hereinafter the "Growth Management Plan" or "GMP") as its Comprehensive Plan pursuant to the requirements of See, 1634,3161 Ci1~. Fla, Stat., and Rule 9J-5, F.A,C, 7. See, 163.3194(1 )(a), Fla, Stat., mandates that aft~r a Comprehensive Plan, or element or portion thereot: has been adopted in conformity with the Act, all development undertaken by, and all actions taken in regard to development orders by, governmental agencies in regard to land covered by such Comprehensive Plan or element or portion thereof shall be consistent with such Cumprchensive Plan or element or portion thereof 8, I'ursuant to Sec. 163.3 I 94(3)(a), Fla. Stat., a development order or land development regulation shall be consistent with the Comprehensive Plan if the land uses, densities or intensities, in the Comprehensive Plan and if it meets all other criteria enumerated by the local government. 9. Section \ 63.3194(3)(b). Fla. Stat. requires that a developmcnt approved or undertakcn by a local government shall be consistent with the Comprehensivc Plan if the land uses. densities or intcnsities. capacity or size, timing. and uther dspects of developmcnt arc compatible with, and further the w.t1- p objecllves, policies. land uses. densities or intensities in the Comprehensi\ e Plan '-,--L and if it meets all other criteria enumerated by the local government.,____ ENDAITE]~ "-~~.," \ AG R~ No. Page 2 of 5 FEB 2 ~ 200& Woed; _......'1.." '''''''''. wonlm""'"" ""dd,' ~ \ Pg. - -. --. ~.<~. Be :p r- ID. On October 30, 199], Collier County adopted the Collier County Land Development Code, which became effective on November 13, 1991 and may be amended twice annually. 11. Collier County finds that the Land Development Code is intended and necessary to preserve and enhance the present advantages that exist in Collier County; encourage the most appropriate use of land, water and resources, consistent with the public in terest; overcome present handicaps; and deal effectively with future problems that may result from the use and development of land within the total unincorporated are of Collier County and it is intended that this Land Development Code preserve, promote, protect, and improve the public health, safety, comfort, good order, appearance, convenience, and general welfare of Collier County; prevent the overcrowding of land and avoid the undue concentration of population; facilitate the adequate and efficient provision of transportation, water, sewerage, schools, parks, recreational facilities, housing, and other requirements and services, conserve, develop, utilize, and protect natural resources within the jurisdiction of Collier County; and protect human, environmental, social, and economic resources; and maintain through orderly growth and development, the character and stability of present and future land uses and development in Collier County. 12, It is the intent of the Board of County Commissioners of Collier County to implement the Land Development Code in accordance with the provisions of the Collier County Comprehensive Plan, Chapter 125, Fla, Stat., and Chapter 163, Fla. Stat., and through these amendments to the Code. SECTION THREE: ADOPTION OF AMENDMENTS TO DIVrSION 3.13, COASTAL CONSTRUCTION SETBACK LINE VARIANCE OF THE LAND DEVELOPMENT CODE Division 3.13., Coastal Construction Setback Line Variance, of Ordinance 91-102, as amended, the Collier County Land Development Code, is hereby amended to read as follows: * * * * * * See, 3. t3,8, Permits. The following activities seaward of the coastal construction setback line shall not require a hearing by the board of county commissioners, but shall require a coastal construction setback line permit. Such permit shall be reviewed and approved ~dministratively by site development review cnvironmental staff. The appropriate fee as set by county resolution shall be submitted with permit application. * * * * * * 3.13.8.3. Beach Nonrishment or nlllintenance drcdl!inl!, Cer1ain activities that may temporarily alter i).round elevations such as artificial beach nourishment projects, excavation or maintenance dredging of inlet channels may be permitted seaward of the coastal construction setback line if said activity is in compliance with the Collier County Growth Management Plan and receives Federal and State~ncy approvals. !)ntil such time as the fee schedule can be amended, the fee shall be $400.00 for these Beach Nourishment permits, * * * * * * Scc.3.13,9. Pcnalty and ch'il rcmcdies, * * F * * ~~r -- AGEND~ll 1:;;11'" \ No. (,- \ Page 3 ofS FEB ~ ~ Words ,tmol, thro\IgR are deleted, words underlined are add d ~ Pg.. = - -"'.-.--- --"_,_,",,~~"~--~,~,--~-""'*'-""...~..^,-~~-~---~-.'~_.---'~".. --- It; Be 3.13.9.3..1-, Penalty for a viola/ion of subsection 3./3.7. 3. Notwithstanding the penalties set forth elsewhere in this Code, the following violations of subsection 3.13.7.3, which occur during sea turtle nesting season: .. .. .. .. .. .. B) Beach front property owners who leave beach furniture unattended on the beach between 9:30 pm and the time of the next day's sea turtle monitoring, are subject to the following penalties: Firs/ viola/ion: Written notice of ordinance violation, Second via/a/ion' Up to $1,000.00 fine. Third 8r-mtH'e viola/ion: $2,500.00 tine, /I-tore Ihan/hree viola/ions: $5,000.00 fine, * * .. * * * SECTION FOUR: CONFLICT AND SEVERABILITY In the event this Ordinance cont1icts with any other Ordinance of Collier County or other applicable law, the more restrictive shall 1pply, If any phrase or portion of this Ordinance is held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion. SECTION FIVE: INCLUSION IN THE COLLIER COUNTY LAND DEVELOPMENT CODE The provisions of this Ordinance shall become and be made a part of the Land Development Code of Collier County, Florida, The sections of the Ordinance may be renumbered or relettered to accomplish such, and the word "ordinance" may be changed to "section", "article", or any other appropriate word. SECTION SIX: EFFECTIVE DATES This Ordinance shall become effective upon filing with the Department of State, _hlcll:.~v! AGE~'l:.., \ \ No. - .... FEB L . - Page 4 01'5 Y Pg. ~ - Words struck throllgh are deleted, words underlined an; added.- ..,-.-- ----~~ -.--.- PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier Ctf B .....~. ... County, Flm'd" thi' doyof ,Z004. C .. if ;1~1t f ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMtvllSSIONERS OF COLLIER COUNTI, FLORIDA By: Deputy Clerk By: DONNA FIALA, CHAIRMAN atrick G. White Assistant County Attorney IDtM-~c~ \ AGE"~C'u \ No. . -~ Fj:'" , Page 5 of 5 -""' - Words sU'Uck tl1rougll are deletcu, words underlined are added Pg, S \ I - ._.._.-._.._~.- .._" - _.-,-'-~"-'.._-- ..-._------ __._R__~__._ - STATE OF FLORIDA) .' --". ,.. bw COUNTY OF COLLIER) . , I, DWIGHT E. BROCK, Clerk of Courts in and for the Twentieth Judicial Circuit, Collier County, Florida, do hereby certify that the foregoing is a true and correct copy of: ORDINANCE 2004-13 Which was adopted by the Board of County Commissioners on the 24th day of February, 2004, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 25th day of February, 2004. "...,....t'll DWIGHT E. BROCK' ",_\-:'''/'1 """ Clerk of cour~~.;:~(~i'::G:(Gi~/:~ Ex-officio t.o.~.$q~~" ~f .~~~ % County commf~i;f~~~r.,s'.."~, )~~ ~-'_"""t:...-- ~ p'" '1:) ~'"r- a . .. .. I" " e" 4;: "JI . I ~.... '" .~~'~"..~e / """ ~.~~ . ~............#,. 'i;."$ ,........ . ,', ...... ,,.. . , ~ ~, By: Ll.nda A. Rqjilt.ll8r,;- \\\\\" Deputy Clerk/;/tIll\l\"\ "_..._-_.,,_._---~ .-- ..-- _._-~.__._.__._~-----".>~-.-- ..8 C SECTION ONE: REClTALS The foregoing recitals are true and correct and incorporated by reference herein as if full y set forth. SECTION TWO: FINDINGS OF FACT The Board of County Commissioners of Collier County, Florida, hereby makes the following findings of fact; 1. Collier County, pursuant to Sec, 163.3161, ~ ~., Fla. Stat., the Florida Local Government Comprehensive Planning and Land Development Regulations Aci (hereinafter the "Act"), is required to prepare and adopt a Comprehensive Plan. 2. After adoption of the Comprehensive Plan, the Act and in particular Sec. 163-3202(1). Fla, StaL mandates that Collier County adopt land development regulations that are consistent with and implement the adopted comprehensive plan. 3, Sec. 163.3201, Fla. Stat., provides that it is the intent of the Act that the adoption and enforcement by Collier County of land development regulations for the total unincorporated area shall be based on; be related to, and be a means of implementation for, the adopted Comprehensive Plan as required by the Act. 4. Sec. 163.3 194( I )(b), Fla. Stat., requires that all land development regulations enacted or amended by Collier County be consistent with the adopted Comprehensive Plan, or element or portion thereof, and any land development regulations existing at the time of adoption which are not consistent with the adopted Comprehensive Plan, or clement or portion thereof, shall be amended so as to be consistent. 5, Sec. 163,3202(3), Fla, Stat., states that the ,\ct shall be construed to encourage the use of innovative land development regulations, 6. On January 10, 1989, Collier County adopted the Collier County Cirowth Management Plan (hereinafter the "Growth :vtanagement Plan" or "(iMP") as its Comprehensive Plan pursuant to the requirements of Sec, 1634,3161 'i.1~. Fla, Stat., and Rule 9J-5, F.A.C. 7. Sec, 163.3 194(I)(a), Fla. Stat., mandates that after a Comprehensive Plan, or element or portion thereof, has been adopted in conformity with the Act, all development undertaken by, and all actions taken in regard to development orders by, governmental agencIes 111 regard to land covered by such Comprehensive Plan or element or portion thereof shall be consistent with such Comprehensive Plan or element or portion thereof. 8. Pursuant to Sec. 163.3194(3)(a), Fla. Stal., a development order or land development regulation shall be consistent with the Comprehensive Plan if the land uses, densities or intensities, in the Comprehensive Plan and if it meets all other criteria enumerated by the local government. 9. Section 163.3l94(3)(b). Fla. Stat., requires that a developmcnt approved or um!l:rtakcn hy a local government shall he eonsisli:nt with the COll1pn.:hcnsivc Plan if thc land uscs. densities or intcnsities. capacity or size. timing, and other dspecls of development are compatible with, and further lhe W\. .. 1/ If objectives, policies. land uses, densities or intensities in the Comprehensive Plan (.~Ci'- -"'Z-r and 11 it meets all other criteria enumerated by the local government..__ GENOiiTEM .~_.' \ A ~G No. Page 2 of 5 ') -no' FES f.. ~ "!JJ r~ W"d, ,~,k"_ '" d,!ct,d. won" "',,",,d '" .dd,' -, \ Pg. c;I-..., _ = __,_~_"'_<'_"__.M"_"___ "" .-...... ~...~-,-,~_.".__._. Be .~. " 10. On October 30, 1991, Collier County adopted the Collier County Land Development Code, which became effective on November 13, 1991 and may be amended twice annually. II. Collier County finds that the Land Development Code is intended and necessary to preserve and enhance the present advantages that exist in Collier County; encourage the most appropriate use of land, water and resources, consistent with the public interest; overcome present handicaps; and deal effectively with future problems that may result from the use and developmcnt of land within the total unincorporated are of Collier County and it is intcnded that this Land Development Code preserve, promote, protect, and improve the public health, safety, comfort, good order, appearance, convenience, and general welfare of Collier County; prevent the overcrowding of land and avoid the undue concentration of population; facilitate the adequate and efficient provision of transportation, water, sewerage, schools, parks, recreational facilities, housing, and other requirements and services, conserve, develop, utilize, and protect natural reso urces within the jurisdiction of Collier County; and protect human, environmental, social, and economic resources; and maintain through orderly growth and development the character and stability of present and future land uses and development in Collier County, 12, It is the intent of the Board of County Commissioners of Collier County to implement the Land Development Code in accordance with the provisions of the Collier County Comprehensive Plan, Chapter 125, Fla. Stat., and Chapter 163, Fla. Stat., and through these amendments to the Code. SECTION THREE: ADOPTION OF AMENDMENTS TO DIVISION 3,13, COASTAL CONSTRUCTION SETBACK LINE VARIANCE OF THE LAND DEVELOPMENT CODE Division 3. ! 3" Coastal Construction Setback Line Variance, of Ordinance 91-102, as amended, the Collier County Land Development Code, is hereby amended to read as follows: * * * * * * Scc, 3.13.8. Perm its. The following activities seaward of the coastal construction setback line shall not rcquirea hearing by the board of county commissioners. but shall require a coastal construction setback line permit. Such permit shall be reviewed and approved administratively by site development review environmental staff. The appropriate fee as set by county resolution shall be submitted with permit application. * * * * * * 3.13.8.3. Beach Nourishmeut or maintenaucc dred2inl!, Certain activities that may tcmporarilv alter ~round elevations such as artificial beach nourishment proiects, excavation or maintenance dredging of inlet channels may be permitted se_award of the coastal construction setback line if said activity is in compliance with the Collier County Growth Management Plan and receivesFederal and State_ agency approvajs. Until such timc as theJee schedule can be amended, the fee shall be $400.00 for these Beach Nourishment permits, * * * * * * Sec. 3.13,9, Peu"lty a1IlJ civil remedies, * * ,. * * ~~e ,_. AGENDI~lt\:::.I,j, \ N~ ( , . \ Page 301'5 FEB 2 ~ Words slmal, througfl are deleted, words underlineq are add d ~ Pg.' - = ~-" --- ----~-, ~ Be 3.13.9.3.h Penalty/or a violalion ofsubsecllon 3./3.7.3. Notwithstanding the penalties set forth elsewhere in this Code, the following violations of subsection 3.13.7.3, which occur during sea turtle nesting season: * ,. ,. * ,. ,. B) Beach tront property owners who leave beach furniture unattended on the beach between 9:30 pm and the time ot the next day's sea turtle monitoring, are subject to the following penalties: First violalion: Written notice of ordinance violation. Second violatioll: Up to $1,000.00 tine. Third el'--/Hf:H'8 violalion: $2,500,00 tine. ,""fore thallthree violaliol1s: $5,000.00 tine. ,. ,. ,. ,. ,. ,. SECTION FOUR: CONFLICT AND SEVERABILITY In the event this Ordinance contlicts with any other Ordinance of Collier County or other applicable law, the more restrictive shall 1pply. If any phrase or portion of this Ordinance is held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion, SECTION FIVE: INCLUSION IN THE COLLIER COUNTY LAND DEVELOPMENT CODE The provisions of this Ordinance shall become and be made a part of the Land Development Code of Collier County, Florida. The sections of the Ordinance may be renumbered or relettered to accomplish such, and the word "ordinance" may be changed to "section", "article", or any other appropriate word. SECTION SIX: EFFECTIVE DATES This Ordinance shall become etJective upon filing with the Department of State, ~)l- ~~f N:GE~I. ~... _._ \ \ FEa, Page 4 of 5 l.{ Pg. - - Words ~fffiIgfl are deleted, words underlined are added ~ -,-"...._," ..-._._~-_._--".- '. PASSED AND DUL Y ADOPTED by the Board of County Commissioners of Collier ~~r. 8 ..... ... ", . Couu'y, Floddo. ,hi, d'yof ,2004. C ':1 . ~~.t ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMlv!ISSIONERS OF COLLIER COUNTY, FLORIDA By: Deputy Clerk By: DONNA FIALA, CHAIRMAN atrick G, White Assistant County Attorney ~tll-~c~ , AGEN~C'." \ No. ,~ \ Page 5 of 5 FE':; ~ <:) I Words ;ffi.lck lkrollgil are deletcJ, words underlined are added Pg. =-~ - ~"",-'- _._-_..,,-.. . . ',;{ ORIGIN: Community Development and Environmental Services DiviSionif!; B C .~ ,c AUTHOR: Barbara Burgeson DEPARTMENT: Environmental Services AMENDMENT CYCLE # OR DATE: Cycle 3, 2003 LDC PAGE: LDC3:156-158.2 LDC SECTION: Division 3.13 Coastal Construction Setback Line Variance LDC SUPPLEMENT #: Supplement 1, Supplement 15 CHANGE: Staff, based on earlier guidance of the Board, prepared an amendment to prohibit construction seaward of the Coastal Construction Control Line, with listed minor exceptions. The Board, after hearing mounting opposition to the proposed amendment from the hotel industry and beach front property owners at the January 7,2004 LDC Hearing, directed staff to withdraw the amendment from this LDC amendment cycle. The original amendment included needed administrative changes to streamline the approval process for county funded beach re-nourishment projects by allowing by permit instead of by variance (section 3.13.8.3). REASON: Rather than waiting for a future amendment cycle, staff is seeking to re- introduce the proposed improvements to the CCSL variance process to facilitate the permitting and approval process for the scheduled and funded major beach re- nourishment project later this year. FISCAL & OPERATIONAL IMPACTS: The proposed amendment will eliminate the requirement for the county to apply for a CCSL variance for beach nourishment or maintenance dredging by authorizing such projects through a permitting process. This ordinance creates a fee for Beach Nourishment or maintenance dredging, 3.13.8.3. Until such time that the fee schedule can be amended, the fees shall be $400.00 for this permit. Since the current variance fee is $1000, this is a reduction in fee of $600 and additional savings from the reduction in costs associated with the less complex submittal requirements for permits. The time for issuing a permit will be approximately 60-90 days less than for issuing a variance thus additional associated time/savings. RELATED CODES OR REGULATIONS: LDC 2.2.38, GMP CCME Policy 10.4.7 GROWTH MANAGEMENT PLAN IMPACT: None. Supports CCME Policy 10.4.7 and CCME 10.4.8 which states that: "Construction seaward of the Coastal Construction Control Line will be allowed for public access and protection and restoration of beach resources. " ..; EXHIBIT .. Page 10[8 If!{, Ac 1L- BY Sl'-lP-( ---". --- .. .~."---'_.__._- _... .--...."..-.-. --"-'"-'-'"~'-"'----~----"- . 'sc- Amend the LDC as follows: Sec.3.13.1. Title and citation. This division shall be known and may be cited as the "Collier County Coastal Construction Setback Line Variance Regulations. " Sec. 3.13.2. Establishment of setback lines. The coastal construction setback line shall be that coastal construction setback line established by the department of natural resources of the State of Florida pursuant to F.S. ~ 161.053 and recorded in Coastal Setback Line Book 1, pages 1 through 12 inclusive, recorded October 31, 1974, as Clerk's Instrument No. 365665 of the public records of Collier County, Florida. Sec. 3.13.3. Review and change of setback lines. Setback lines established under this Code shall be reviewed upon petition of affected riparian upland owners. The board of county commissioners of Collier County shall decide, after due public notice and hearing, whether a change in the setback line is justified, and shall notify the petitioner in writing. The present setback lines are presumed to be correct, and no change in setback lines are presumed to be correct, and no change in setback lines shall be made except upon an affirmative showing by petitioner that any construction line established hereunder is a minimum of 150 feet landward of the mean high-water line or 75 feet landward ofthe vegetation line whichever is greater; and that considering ground elevations in relation to historical storm and hurricane tides, predicted maximum wave uprush, beach and offshore ground contours, the vegetation line, erosion trends, the dune or bluff line, if any exist, and existing upland development, that the general public health and welfare are preserved, upland properties protected, and beach and sand dune erosion controlled. Sec. 3.13.4. Prohibited activities seaward of setback lines. It shall be unlawful for any person, firm, corporation, or agency, public or private, to construct, reconstruct, or change existing structures, make any excavation, remove any beach material or otherwise alter existing ground elevations, drive any vehicle on, over or across any sand dune, or damage or cause to be damaged any sand dune, or the vegetation growing thereon and/or seaward of said dune, seaward of the coastal construction setback line, except as hereinafter provided. Sec. 3.13.5. Variances. 3.13.5.1. If in the immediate contiguous or adjacent area a "number of existing structures" have established a reasonably continuous and uniform construction Page 2 0[8 ."""-- . "~..."_._-.-_._~.'---""--"-'- ----.- . . 'a .". . '.:'-~' line closer to the line of mean high water than the line as herein es Heed, and if said existing structures have not been unduly affected by erosion, a proposed structure may be permitted along such line if such proposed structure is also approved by the board of county commissioners. 3.13.5.2. The board of county commissioners may authorize the construction of pipelines or piers extending outward from the shoreline, unless it determines that the construction of such projects would cause erosion of the beach in the area of such structures. 3.13.5.3. Certain activities that may temporarily alter ground elevations such as artificial beach nourishment projects, excavation or maintenance dredging of inlet channels may be permitted seaward of the coastal construction setback line if said activity is in compliance with the Collier County growth management plan, conservation and coastal management element, and also approved by the board of county commissioners. Sec. 3.13.6. Procedures for obtaining variance. 3.13.6.1. A written petition requesting a variance from the established setback line shall be filed with the board of county commissioners or their designee. The petition shall set forth: 1. A description of petitioner's property to include the information requested on a current Collier County request for a coastal construction setback line variance form; 2. A description of the established setback line and the line which petitioner wishes to be varied; and 3. The justification upon which the petitioner relies for the granting ofthe variance, to include compliance with the Collier County growth management plan, conservation and coastal management element. 3.13.6.2. Notice and public hearingfor coastal construction setback line variances. An application for coastal construction setback line (CCSL) variance shall be considered by the board of county commissioners pursuant to the following public notice and hearing requirements. 1. The applicant shall post a sign at least 45 days prior to the date of the public hearing by the board of county commissioners. The sign shall contain substantially the following language and the sign copy shall utilize the total area of the sign: PUBLIC HEARING REQUESTING CCSL VARIANCE APPROV AL (both to contain the following Page 3 018 ---"._--_.~~ . . li"'8C"" ",) ..~;I; information: ) TO PERMIT: (Sufficiently clear to describe the type of variance requested). DATE: TIME: TO BE HELD IN BOARD OF COUNTY COMMISSIONERS MEETING ROOM, COLLIER COUNTY GOVERNMENT CENTER. 2. The area of a property sign shall be as follows: a. For a property less than one acre in size, the sign shall measure at least one and one-half square feet in area. b. For a property one acre or more in size, the sign shall measure at least 32 square feet in area. 3. In the case of a sign located on a property less than one acre in size, such sign shall be erected by the development services director in full view of the public on each street side of the subject property and on the side ofthe property visible from the beach. Where the property for which approval is sought is landlocked or for some other reason a sign cannot be posted directly on the subject property, then the sign shall be erected along the nearest street right-of-way, with an attached notation indicating generally the distance and direction to the subject property. 4. In the case of sign(s) located on a property one acre or more in size, the applicant shall be responsible for erecting the required sign(s). The sign(s) shall be erected in full view of the public on each street upon which the subject property has frontage and on the side of the property visible from the beach. Where the subject property is landlocked, or for some other reason the sign(s) cannot be posted directly on the property, then the sign(s) shall be erected along the nearest street right-of-way, with an attached notation indicating generally the distance and direction to the subject property. There shall be at least one sign on each external boundary which fronts upon a street, however, in the case of external boundaries along a street with greater frontages than 1,320 linear feet, signs shall be placed equidistant from one another with a maximum spacing of 1,000 linear feet, except that in no case shall the number of signs along an exterior boundary fronting on a street exceed four signs. The applicant shall provide evidence to the planning services department that the sign(s) were erected by furnishing photographs of the sign(s) Page 40f8 '._"'.,.",-~,.,,-- ____om. . ~ Be showing the date of their erection at least ten days prior to the scheduled public hearing by the board of county commissioners. The.sign(s) shall remain in place until the date of either of the following occurrences: 1. Final action is taken by the board of county commissioners or 2. The receipt of a written request by the planning services department director from the applicant to either withdraw or continue the petition indefinitely. 5. Notice of the time and place of the public hearing by the board of county commissioners shall be advertised in a newspaper of general circulation in the county at least one time and at least 15 days prior to the public hearing. Where applicable, the notice shall clearly describe the proposed variance. The advertisement shall also include a location map that identifies the approximate geographic location of the subject property. 6. The board of county commissioners shall hold one advertised public hearing on the proposed variance and may, upon the conclusion of the hearing, immediately adopt the resolution approving the variance. 3.13.6.3. The board of county commissioners shall notify petitioner in writing of its decision within 15 days of the public hearing. 3.13.6.4. Any person aggrieved by a decision of the board of county commissioners granting or denying a variance may apply to the circuit court of the circuit in which the property is located for judicial relief within 30 days after rendition of the decision by the board of county commissioners. Review in the circuit court shall be by petition for a writ of certiorari and shall be governed by the Florida Appellate Rules. (Ord. No. 03-01, ~ 3.1.) Sec. 3.13.7. Exemptions. Exemptions shall be reviewed administratively for compliance with applicable county codes, and shall not be heard by the board of county commissioners. Exemptions to section 3.13.4 shall include: 3.13.7.1. The removal of any plant defined as exotic vegetation by county code. 3.13.7.2. Any modification, maintenance, or repair, to any existing structure within limits of the existing foundation or footprint, which does not require, involve, or include any additions to, or repair or modifications of, the existing foundation of that structure, except those modifications required by code, excluding additions or enclosure added, constructed, or installed below the first dwelling floor or lowest deck of the existing structure. 3.13.7.3. Any structures, that: 1) do not constitute fixed structure( s), 2) do not require a Page 50J8 -'.~..p... - .~---,--~._-_.,._---,-,~ . building permit, 3) weigh less than 100 pounds, and 4) upon review b~thC - ., planning services director or his designees, is determined to not present an actual or potential threat to the beach and the dune system and adjacent properties are exempt from the variance requirements of this division. This exemption shall not be effective during sea turtle nesting season (May 1-- October 31) unless the structures are removed daily from the beach prior to 9:30 p.m. and are not moved onto, or placed on, the beach before completion of monitoring conducted by personnel with prior experience and training in nest surveys procedures' and possessing a valid Fish and Wildlife Conservation Commission Marine Turtle Permit (daily sea turtle monitoring), or unless the beach furniture is being actively used or attended during the period of time from 9:30 pm until the next day's monitoring. Exemptions allowed under this provision are not intended to authorize any violation of F.S. ~ 370.12, or any of the provisions ofthe Endangered Species Act of 1973, as it may be amended. (Ord. No. 92-73, ~ 2; Ord. No. 93-89, 93; Ord. No. 94-27, ~ 3; Ord. No. 01- 34, ~ 3.J.) Sec. 3.13.8. Permits. The following activities seaward of the coastal construction setback line shall not require a hearing by the board of county commissioners, but shall require a coastal construction setback line permit. Such permit shall be reviewed and approved administratively by site development review environmental staff. The appropriate fee as set by county resolution shall be submitted with permit application. 3.13.8.1. Construction ofa dune walkover when a Florida Department of Environmental Protection (FDEP) permit has been obtained and the following criteria have been met. 3.13.8.1.1. A maximum width of six feet. 3.13.8.1.2. A minimum separation of 200 feet between walkovers when two or more walkovers are proposed on a single parcel. 3.13.8.2. Creation, restoration, re-vegetation or repair of the dune or other natural area seaward of the CCSL on an individual parcel of land, when a Florida Department of Environmental Protection (FDEP) permit has been obtained and the following criteria have been met. 3.13.8.2.1. Sand used must be compatible in color and grain size to existing sand subject to FDEP requirements. 3.13.8.2.2. Plants utilized shall be 100 percent native coastal species. Page 60f8 -.--- -.-- .'----.---,.. . /. a c- ., 3.13.8.2.3. Restoration plans shall be designed by an individual with expertise in the area of environmental sciences, natural resource management or landscape architecture. Academic credentials shall be a bachelors or higher degree. Professional experience may be substituted for academic credentials on a year for year basis, provided at least two years professional experience are in the State of Florida. (Ord. No. 94-58, ~ 3; Ord. No. 02-31, ~ 3.1.) 3.13.8.3. Beach Nourishment or maintenance drede:ine:. Certain activities that mav temporarilv alter ground elevations such as artificial beach nourishment proi ects. excavation or maintenance dredging of inlet channels may be permitted seaward of the coastal construction setback line if said activity is in compliance with the Collier County Growth Management Plan and receives Federal and State agency approvals. Until such time as the fee schedule can be amended. the fee shall be $400.00 for these Beach Nourishment permits. Sec. 3.13.9. Penalty and civil remedies. 3.13.9.1. Penalty. A violation of any provision of this Code is a misdemeanor and shall be prosecuted in the name of the state in the county court by the prosecuting attorney, and upon conviction shall be punished by a fine not to exceed $500.00 or imprisonment in the county jail not to exceed 60 days, or by both such fine and imprisonment. Each violation and each day a violation continues shall constitute a separate offense. The board of county commissioners shall have the power to collaterally enforce the provisions ofthis Code by appropriate judicial writ or proceeding notwithstanding any prosecution as misdemeanor. 3.13.9.2. Civil remedies. In addition to or in lieu of the penalties provided by general law for the violation of ordinances, the board of county commissioners may bring injunctive action to enjoin the construction or compel the removal of structures constructed in violation of this Code. 3.13.9.3.-1-: Penalty for a violation of subsection 3.13. 7.3. Notwithstanding the penalties set forth elsewhere in this Code, the following violations of subsection 3.13.7.3, which occur during sea turtle nesting season: A) 1) Setting up of any structures as defined in 3.13.7.3, prior to daily sea turtle monitoring, 2) failing to remove all structures from the beach by 9:30 p.m., or 3) failing to have lights, so required, turned off by 9:00 pm., are subject to the following penalties: First violation: Up to $1,000.00 fine. Page 70f8 -"'''--''"-''-~._- --~-_.._-_......".._- ""-"'-"--.- . ' . . ii~;\ 8 C '..;" Second violation: $2,500.00 fine. Third or more violation: $5,000.00 fine. B) Beach front property owners who leave beach furniture unattended on the beach between 9:30 pm and the time of the next day's sea turtle monitoring, are subject to the following penalties: First violation: Written notice of ordinance violation. Second violation: Up to $1,000.00 fine. Third fJY mfJro violation: $2,500.00 fine. More than three violations: $5,000.00 fine. (Ord. No. 94-58, ~ 3; Ord. No. 01-34, ~ 3.J. Sec. 3.13.10. Severance. 3.13.10.1. Severance. If any phrase or portion of this division is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion. (Ord. No. 94-58, ~ 3) Page 80f8 --"~'_.._'-" -.--.-.....- .--...,,- .-- ..._....,,--_.,..._-,-"",.,..,..~ '-"'- Be MEMORANDUM Date: March 5, 2004 To: Russell Webb, principal Planner Planning Department , . From: Linda A. Houtzer, Deputy Clerk .~ Minutes & Records Department Re: Ordinance 2004-13 ~( Enclosed please find a copy of the above validated document, Item #8C, as approved by the Board of County Commissioners on February 24, 2004. If you should have any questions, please contact me at 774-8411 Thank you. Enclosure -~~_. ...._<,-~ ORDINANCE NO. 04- 13 0, f' 'f.I Ii.,) \J AN ORDINANCE AMENDING ORDINANCE '-' NUMBER 91-102, AS AMENI>ED, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH INCLUDES THE COMPREHENSIVE REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY PROVIDING FOR: SECTION ONE, RECITALS; SECTION TWO, FINDINGS OF FACT; SECTION THREE~ ADOPTION OF AMENDMENTS TO THE LAND DEVELOPMENT CODE, MORE SPECIFICALLY AMENDING THE FOLLOWING: ARTICLE 3, DIVISION 3.13, INCLUDING REVISIONS TO COASTAL CONSTRUCTION SETBACK LINE VARIANCE; SECTION FOUR, CONFLICT AND SEVERABILITY; SECTION FIVE, INCLUSION IN THE COLLIER COUNTY LAND DEVELOPMENT CODE; AND SECTION SIX, EFFECTIVE DATE. WHEREAS, on October 30, 1991, the Collier County Board of County Commissioners adopted Ordinance No. 91-102, the Collier County Land Development Code (hereinafter LDC), which has been subsequently amended; and WHEREAS, the LDC may not be amended more than two times in each calendar year unless additional amendment cycles are approved by the Collier County Board of County Commissioners pursuant to Section 1,19.1., LDC; and WHEREAS, this is the third amendment to the LDC, Ordinance 91-102, for the calendar year 2003; and WHEREAS, on March 18, 1997, the Board of County Commissioners adopted Resolution 97-177 establishing local requirements and procedures for amending the LDC; and WHEREAS, all requirements of Resolution 97-177 have been met; and WHEREAS, the Board of County Commissioners, in a manner prescribed by law, did hold advertised public hearings on February II, 2004 and February 24, 2004, and did take action concerning this amendment to the LDC; and WIIEREAS, the subject amendments to the LDC are hereby determim:d by this Board to be consistent with and to implement the Collier County Growth Management Plan as required by Subsections 163,3194 (I) and 163.3202 (I), Florida Statutes; and WIIEREAS, all applicable substantive and procedural requirements of the law have been mct. NOW, THEREFORE BE IT ORDAINED by thc Board of County Commissioners of Collier County, Florida, that: Page 1 of'S Words struck through are deleted, words underlined are added _._-~_...~,,-- - ~-_.. .. SECTION ONE: RECIT ALS 8C The foregoing recitals are true and correct and incorporated by reference l herein as if fully set forth. SECTION TWO: FINDINGS OF FACT The Board of County Commissioners of Collier County, Florida, hereby makes the following findings of fact: 1. Collier County, pursuant to Sec. 163.3161, et seq., Fla, Stat., the Florida Local Government Comprehensive Planning and Land Development Regulations Act (hereinafter the "Act"), is required to prepare and adopt a Comprehensive Plan, 2. After adoption of the Comprehensive Plan, the Act and in particular Sec, 163-3202(1). Fla. Stat., mandates that Collier County adopt land development regulations that are consistent with and implement the adopted comprehensive plan. 3. Sec, 163.3201. Fla. Stat., provides that it is the intent of the Act that the adoption and enforcement by Collier County of land development regulations for the total unincorporated area shall be based on; be related to, and be a means of implementation for, the adopted Comprehensive Plan as required by the Act. 4, Sec. 163,3194(1 )(b), Fla. Stat., requires that all land development regulations enacted or amended by Collier County be consistent with the adopted Comprehensive Plan, or element or portion thereof, and any land development regulations existing at the time of adoption which are not consistent with the adopted Comprehensive Plan, or clement or portion thereof: shall bc amended so as to be consistent. 5, Sec. 163.3202(3), rIa, Stat., states that the Act shall be construed to encourage the use of innovative land development regulations. 6, On January 10. 1989. Collier County adopted the Collier County Growth Management Plan (hereinafter the "Growth Management Plan" or "GMP") as its Comprehensive Plan pursuant to the requirements of Sec. 1634,3161 el seCt, Fla. Stat., and Rule 9J-5, F,A.C. 7. Sec. 163.3194(1 )(a), Fla. Stat., mandates that after a Comprehensive Plan. or element or portion thereof: has been adopted in conformity with the Act, all development undertaken by, and all actions taken in regard to development orders by. governmental agencIes 111 regard to land covered by such Comprehensive Plan or clement or portion thereof shall be consistent with such Comprehensive Plan or element or portion thereof. 8. Pursuant to Sec. 163.3194(3)(a), Fla, Stat., a development order or land development regulation shall be consistent with the Comprehensive Plan if the land uses, densities or intensities, in the Comprehensive Plan and if it meets all other criteria enumerated by the local government. 9, Section 163.3194(3)(b). Fla. Stat.. requires that a development approved or undertaken by a local governnwnt shall be consistent with the Comprehcnsive Plan ir the land L1ses. dcnsities or intensities. capacity or size. timing. and other aspects or development are compatible with. and further the objectives. policies. land uses. densities or intensities in the Comprehensive Plan and if it meets all other criteria enumerated by the local government. Page 2 of5 Words struck through are deleted, words underlined are added .__.,--_._~.... -~-_._;-....,.,.---,,_...'...-. 10. On October 30, 1991, Collier County adopted the Collier County Land Development Code, which became effective on November 13, 1991 and may be amended twice annually. 8C II. Collier County finds that the Land Development Code is intended and necessary to preserve and enhance the present advantages that exist in Collier County; encourage the most appropriate use of land, water and resources, consistent with the public interest; overcome present handicaps; and deal effectively with future problcms that may result from the use and development of land within the total unincorporated are of Collier County and it is intended that this Land Development Code preserve, promote, protect, and improve the public health, safety, comfort, good order, appearance, convenience, and general welfare of Collier County; prevent the overcrowding of land and avoid the undue concentration of population; facilitate the adequate and efficient provision of transportation, water, sewerage, schools, parks, recreational facilities, housing, and other requirements and services, conserve, develop, utilize, and protect natural resources within the jurisdiction of Collier County; and protect human, environmental, social, and economic resources; and maintain through orderly growth and developmcnt, the character and stability of present and future land uses and devclopment in Collier County. 12. It is the intent of the Board of County Commissioners of Collier County to implement the Land Development Code 111 accordance with the provisions of the Collier County Comprehensive Plan, Chapter 125, Fla. Stat., and Chapter 163, Fla, Stat., and through these amendments to the Code. SECTION THREE: ADOPTION OF AMENDMENTS TO DIVISION 3.13. COASTAL CONSTRUCTION SETBACK LINE VARIANCE OF THE LAND DEVELOPMENT CODE Division 3.13., Coastal Construction Setback Line Variance, of Ordinance 91-102, as amended, the Collier County Land Development Code, is hereby amended to read as follows: * * * * * * Sec. 3.13,8. Permits. The following activities seaward of the coastal construction setback line shall not require a hearing by the board of county commissioners. but shall require a coastal construction setback line permit. Such perm it shall be reviewed and approved adm inistratively by site development review environmental staff. The appropriate fee as set by county resolution shall be submitted with permit application, * * * * * * 3.13,8,3, Beach Nourishmcnt or maintenance dredginl!. Certain activities that may temporarily alter ground elevations such as artificial beach nourishment proiects. excavation or maintenance dredging of inlet channels may be permitted seaward of the coastal construction setback line if said activity is in compliance with the Collier County Growth Management Plan and receives Federal and State agency approvals, Until such time as the fee schedule can be amended. the fee shall be $400.00 for these Beach Nourishment permits. * * * * * * Scc.3,13.9. Pcnalty and civil rcmcdics. * * * * * * Page 301'5 Words struck through are deleted. words underlined are added ,_..._"...__.____,'M .".......".._~___"h ac 3.13.9,3.-h Penalty for a violation of subsection 3.13,7,3. Notwithstanding the penalties set forth e!sewhere in this Code, the following violations of subsection 3,13.7.3, which occur during sea turtle nesting season: * * * * * * B) Beach front property owners who leave beach furniture unattended on the beach between 9:30 pm and the time of the next day's sea turtle monitoring, are subject to the following penalties: First violation: Written notice of ordinance violation. Second violation: Up to $1,000.00 fine, Third er more violation: $2,500.00 fine. More than three violations: $5,000,00 fine, * * * * * * SECTION FOUR: CONFLICT AND SEVERABILITY In the event this Ordinance conflicts with any other Ordinance of Collier County or other applicable law, the more restrictive shall apply. If any phrase or portion of this Ordinance is held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion. SECTION FIVE: INCLUSION IN THE COLLIER COUNTY LAND DEVELOPMENT CODE The provisions of this Ordinance shall become and be made a part of the Land Development Code of Collier County, Florida. The sections of the Ordinance may be renumbered or relettered to accomplish such, and the word "ordinance" may be changed to "section", "article", or any other appropriate word, SECTION SIX: EFFECTIVE DATES This Ordinance shall become effective upon filing with the Department of State. Page 4 of 5 Words struck through are deleted, words underlined are added ...^_.~,- _..~_._... -., ..._-- "_,'.._".._~._..'."._~-..._---- ~m~___.~_." _ PASSED AND DUL Y ADOPTED by the Board of County Commissioners of Collier <oC ~1' County, Florida, this 6t"l day of F-ehrua.rtt ,2004, ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS .'. \\l\IIIIl!I/f'J", OF COLLIER COUNTY, FLORIDA .t. ,\\\ ~tfi.~', , ,. ,'....If.; . fC ." ,l,.,-'~, 'i" rg~ d4 :j~'!c~' ~\:....(~~~':.~~....:::.~J.~) :/J'~'., '~"'J" ~~ .....~'lI ..".f -I('. '" if ::::~ ". JJu y .. . - . Atd,,: '.~. ",~ Jerk By: · '1io" . ' :":.~ .i~:~.~,.;. .\),', ":'t, Si~!~t.~.,;...." .: . D NNA FIALA, CHAIRMAN -:;.. I.i '-lI',~*C' :., '. ; ... .~\:-;.'..-,:...... '~,'" App~o~t;d;~s-to.yo~fn ~nd ~ncY , \~ atrick G, White Assistant County Attorney Page 5 of5 Words struok through are deleted, words underlined are added ... -,,"_.__.",--~,-_.._~".._...- . .u"L__ ..- .0.'>-' STATE OF FLORIDA) 8w l COUNTY OF COLLIER) . , I, DWIGHT E. BROCK, Clerk of Courts in and for the Twentieth JUdicial Circuit, Collier County I Floridal do hereby certify that the foregoing is a true and correct copy of: ORDINANCE 2004-13 Which was adopted by the Board of County Commissioners on the 24th day of FebruarYI 2004, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 25th day of FebruarYI 2004. "'''''',,,, DWIGHT E. BROCK~'\':''''/t ""," Clerk of cour~s;~a~~G~?~~~ Ex-officio tQ;.B6a~, of .\.~ ~ ......&...J.",.\ \(...,~.. ....~ County commt~t:;ff~.~r.,s..'.;. in ~ ~ ~.,~',.. :.~.t...;.. a ',. '" ':;'.tS'.ei 1~4:~ , <~.,~.. ~ e- ~ . . ...~~' I". -..J1J _.. ,. ... ..... "1 ~c ..............."~". \,' By: Linda A. 'tlQ,~'!8r~,\\\," Deputy Clerk"'lIlUlll ..-. .--....-.. --..""., COLLIER COUNTY FLORIDA (i) REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS "'BE To: Clerk to the Board: Please place the following as a: 181 Normal legal Advertisement D Other: (Display Adv., location, etc,) ********************************************************************************************************** Originating Dept/ Div: EMS Person: Jeff Page Date: 2/1 0/04 Petition No. (If none, give brief description): Petitioner: (Name & Address): Name & Address of any person(s) to be notified by Clerk's Office: (Ifmore space is needed, attach separate sheet) Hearing before X BCC BZA Other Requested Hearing date: (Based on advertisement appearing 10 days before hearing. 2/24/04 Newspaper(s) to be used: (Complete only if important): 181 Naples Daily News D Other D Legally Required Proposed Text: (Include legal description & common location & Size: AN ORDINANCE AMENDING ORDINANCE 81-75 BY ADDING SECTION TWELVE ENTITLED: CLASSIFICATIONS AND CERTIFICATES; PROVIDING FOR INCLUSION IN CODE OF LAWS AND ORDINANCES; PROVIDING FOR CONFLICT AND SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE Companion petition(s), if any & proposed hearing date: N/A Does Petition Fee include advertising cost? DYes D No If Yes, what account should be charged for advertising costs: 490- 144610-648110. I ~o j()( Date List Attachments: DISTRIBUTION INSTRUCTIONS A. For hearings before BCC or BZA: Initiating person to complete one coy and obtain Division Head approval before submitting to County Manager. Note: If legal document is involved, be sure that any necessary legal review, or request for same, is submitted to County Attorney before submitting to County Manager. The Manager's office will distribute copies: D County Manager agenda file: to D Requesting Division D Original Clerk's Office B. Other hearings: Initiating Division head to approve and submit original to Clerk's Office, retaining a copy for file. *********************************************************************************************************** FOR CLERK'S OFFICE USE ONLY: 2.(2.~ /0 c.J 2/13{04 Date Received: 'z)IO (04_ Date of Public hearing: Date Advertised: ORDINANCE NO. 2004 - * BEA - AN ORDINANCE AMENDING ORDINANCE 81-75 BY ADDING SECTION TWELVE ENTITLED: CLASSIFICATIONS AND CERTIFICATES; PROVIDING FOR INCLUSION IN CODE OF LAWS AND ORDINANCES; PROVIDING FOR CONFLICT AND SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Collier County desires to make available to its citizens safe, professional emergency health care transportation services for the transfer of patients between and among local hospital facilities; and WHEREAS, Collier County desires to facilitate the provision of such services and has the necessary equipment, training, expertise, professional certifications and licenses to do so; and WHEREAS, the amendment to Ordinance Number 81- 75 results in a benefit to Collier County by reducing response times for certain transports and providing for the availability of more transport vehicles. NOW THEREFORE: BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA: Section 1: Purpose This ordinance is adopted pursuant to Chapter 125, Florida Statutes and Section 401.25 (8) Florida Statutes. The purpose of this ordinance is to provide better protection for the health, safety and welfare of the residents of Collier County, in ambulance and ALS matters, by establishing uniform county-wide standards for certification of ambulance or advanced life support or services, or operations by promulgating complete and clear rules and regulations for operation of all ambulance or rescue companies or services in Collier County. Section 2: Definitions A, Advanced Life Support (ALS) shall mean procedures conducted as defined in applicable Florida Statues and Florida Administrative Code, CH. 10D-66. B. Administrator shall mean the County Manager or his designee. C. Ambulance means any privately or publicly owned land, air, or water vehicle that is designed, constructed, reconstructed, maintained, equipped or operated, and is used for or intended to be used for air, land, or water transportation of persons, who are sick, injured, or otherwise helpless. D. Board shall mean the Collier County Board of County Commissioners. E. Certificate means a certificate of convenience and necessity as authorized in Section 401.25 (3) d, Florida Statutes. "-..- ..._- -_.- F. Emergency Call shall mean the transit of an ambulance under conditions which warrants BE travel with flashing lights and siren operating. G. Operator shall mean any person, organization or governmental entity providing ambulance or ALS services. H. Patient shall mean an individual who is ill, sick, injured, wounded, or otherwise incapacitated or helpless. I. Routine Call or Routine Transfer shall mean the transportation of a patient under non- emergency call conditions. J. Rescue Service shall mean first response treatment of patients but does not include Advanced Life Support (ALS) or transport. Section 3: Requirement For Certificate It shall be unlawful for any person, firm, agency, or any other entity, including governmental units, to provide an ambulance service or provide advanced life support without first obtaining a certificate therefore from the Board of County Commissioners of Collier County. Section 4: Exemptions and Exclusions From Certificate Requirement Certificates shall not be required for: A. Rescue Services B. The use of a non-ambulance for any transport of a patient pursuant to the Good Samaritan Act, Section 768.13, Florida Statues. C. Vehicles rendering ambulance-type services when requested to do so by the Board of County Commissioners or County Manager in the event of a major catastrophe or other such emergency which requires more ambulances that are available in the county. D. Ambulances based outside the county which pick up a patient in the county and transport him out of the county, or which pick up a patient out of the county and transport him into the county. E. Vehicles used to transport persons for routine scheduled medical treatments. Vehicles transporting persons who require services en route or who must be carried on a stretcher are not covered by this exemption. Section 5: Procedure For Obtaining Certificate Words underlined added and words stmek through are deleted. 2 - - -- ------- _~._ ._._."H..~" --- .: BE An applicant for a certificate shall obtain fonns from the department to be completed and returned to the Division Administrator. Each application shall contain: A. The name, age, and address of the owner of the ambulance or ALS provider, or if the owner is a corporation, then of the directors of the corporation and of all the stockholders holding more that 25% of the outstanding shares. For governmental units, this infonnation shall be supplied for members of the governing body. B. The boundaries of the territory desired to be served. C. The number and brief description of the ambulances or other vehicles the applicant will have available. D. The address of the intended headquarters and any sub-stations. E. The training and experience of the applicant. F. The names and addresses of three (3) Collier County residents who will act as references for the applicant. G. A schedule of rates which the service intends to charge. H. Such other pertinent infonnation as the administrator may require. r. An application or renewal fee of two hundred fifty dollars ($250.00). J. Financial data including assets and liabilities of the operator. A schedule of all debts encumbering any equipment shall be included. Section 6: Review of Application The Administrator shall review each application and shall investigate the applicant's reputation, competence, financial responsibility, and any other relevant factors. The Administrator shall also make an investigation as to the public necessity for an ambulance or ALS operation in the territory requested, and shall then make a report to the Board containing his recommendation whether to grant a certificate to the applicant within sixty (60) days ofthe time the Administrator detennines the application is complete. Section 7: Requirement For Board Approval In Granting Certificate The Board of County Commissioners shall not grant a certificate unless it shall find, after public hearing and based on competent evidence that each of the following standards has been satisfied: A. That there is a public necessity for the service. In making such detennination, the Board of County Commission shall consider, as a minimum, the following factors: Words underlined added and words stmek through are deleted. 3 .~~--- (1) The extent to which the proposed service is needed to improve the overall BE Emergency Medical Services (EMS) capabilities ofthe County. (2) The effect of the proposed service on existing services with respect to quality of service and cost of service. (3) The effect of the proposed service on the overall cost of EMS service in the County. (4) The effect of the proposed service on existing hospitals and other health care facilities. (5) The effect of the proposed service on personnel of existing services and the availability of sufficient qualified personnel in the local area to adequately staff all existing services. B. That the applicant has sufficient knowledge and experience to properly operate the proposed service. C. That, if applicable, there is an adequate revenue base for the proposed service. D. That the proposed service will have sufficient personnel and equipment to adequately cover the proposed service area. Section 8: Appointment of Hearing Officer In making the determinations provided for in Section 7 above, the Board may, in its sole discretion, appoint a Hearing Officer to hold a public hearing and to make factual findings and conclusions as a result of the hearing. Should a Hearing Officer be appointed, said Hearing Officer shall render a written report to the Board within 30 days of the hearing, which report shall contain the officer's findings and conclusions of fact, and a recommended order. The findings and conclusions of fact shall be binding upon the Board, but the recommended order shall be advisory only. Section 9: Rights and Duties Granted By Certificate The certificate granted by the Board shall be valid for one calendar year and shall be personal to the applicant and not transferable. In the case of a corporation, if there occurs such a transfer of stock or other incidents of ownership as to change the majority or largest stockholder, a new certificate must be applied for. Changes in the officers of the corporation will not require a new certificate. Acceptance of the certificate by the applicant shall obligate the applicant to: Words underlined added and words struek thr-EH:lgh are deleted. 4 A. Service the entire zone granted to the applicant. BE , B. Provide coverage to adjoining zones, when requested to do so by Emergency Control for emergency calls when the certificate holder for that zone is unable to respond. e. Keep posted at his place of business a copy of the fee schedule, which must be filed with the Administrator (If applicable). D. Operate in accordance with the rules and regulations adopted pursuant to this Ordinance and any applicable County Ordinances, and Chapter 40 I Florida Statutes, and any administrative regulations adopted pursuant thereto. E. Employ at all times sufficient personnel experienced in operation and management of emergency medical services to ensure proper and efficient operation. Section 10: Renewal of Certificate Each certificate holder shall file within ninety (90) days of expiration, an application for renewal of his certificate. Renewals shall be based upon the same standards, as the granting of the original certificate along with such other factors as may be relevant. The renewal application shall be accompanied by a two hundred and fifty dollar ($250.00) renewal fee. The renewal certificate may be approved routinely by the Board, upon advice of the Administrator, or the Board may hold a hearing on same, Section 11: Emergency Provisions The Board may modify, suspend or revoke a certificate in the interest of the public health, safety and welfare, only at public hearing and after reasonable notice has been given to the certificate holder affected. However, if a situation exists which poses a serious threat that ambulance or rescue service will not be available to any certain area of Collier County, the Administrator shall have such temporary emergency powers as are necessary to provide that service. These temporary powers are intended to provide interim protection until such time as the Board meets to resolve the emergency. Section 12: Classifications of Certificates There shall be two (2) classifications of service in Collier County. as follows: Class 1: ALS Rescue: An EMS provider with the capability of renderine: on the scene prehospital ALS services and who mav or mav not elect to transport patients. An EMS provider renderine: this level of service for a e:overnmental entity shall be deemed to be operatine: under the Class 1 - ALS rescue certificate of public convenience and necessity Words underlined added and words struek threugh are deleted. 5 -.---.- __..__....n..__._ .---. . ,..~,.~..~_.... BE held by the I!overnmental entity. An EMS provider holdinl! a Class 1 - ALS rescue certificate shall be deemed to be the holder of all additional certificates listed below. and entitled to provide the services therewith. A certificate of public convenience and necessity must be obtained from the County before enl!al!inl! in this level of medical service. Class 2: ALS Transfer: An EMS provider who renders ALS interfacilitv medical transfer services. An EMS provider who is awarded a Class 2 - ALS transfer certificate and does not possess a Class 1 - ALS rescue certificate shall not respond to an emerl!encv call and provide ALS rescue services unless called upon by the appropriate Class 1 - ALS rescue provider to provide emerl!ency backup service. In these instances. if the EMS provider is a nonl!overnmental entity. it shall be deemed to be operatinl! under the Class 1 - ALS rescue certificate of the I!overnmental entity reauestinl! such emerl!ency backup service. Only Class 2 - ALS transfer certificate holders may provide interfacilitv medical transfer services and routine ALS and BLS calls within the County. Unless an EMS provider possesses a Class 1 - ALS Rescue certificate. a certificate of public convenience and necessity must be obtained from the County before enl!al!inl! in this level of medical service. Section ~ 13: Transfer Or Assignment of Certificates No certificate issued under this Ordinance shall be assignable or transferable by the person to whom issued except unless approval is obtained from the Board in the same manner and subject to the same application, investigation, fees and public hearing as original applications for certificates. Any majority transfer of shares or stock or interest of any person or operator so as to cause a change in the directors, officers, majority stockholders or managers of such person or operator shall be deemed a transfer or assignment as contemplated in this Ordinance and subject to the same rules and regulations as any other transfer or assignment. Section ~ 14: Revocation, Alteration Or Suspension Grounds A. Every certificate issued under this Ordinance shall be subject to revocation, alteration and/or suspension of operation, buy the Board, for a period of up to one year, where it shall appear that: 1. The operator has failed or neglected for a period of thirty (30) days during any calendar year to render all services authorized by his certificate. Words underlined added and words struek thrm:lgh are deleted. 6 ~H_'" 2. The operator has been convicted of a felony or any criminal offense involving BE moral turpitude. 3. The certificate was obtained by an application in which any material fact was omitted or falsely stated. 4. The operator has knowingly permitted any of its motor vehicles to be operated in violation the laws which result in conviction of the driver or operator of a misdemeanor in the second degree or greater, or has knowingly permitted a driver with more than two previous convictions to operate emergency vehicles. 5. The operator has failed to comply with any of the provisions of this Ordinance. 6. The public interest will best be served by revocation, alteration, or suspension of any certificate upon good cause shown. 7. The operator or his agent has demanded money or compensation other that that established and prescribed under this ordinance. (If applicable). 8. The operator has without sufficient justification failed or refused to furnish emergency care and/or transportation promptly for a sick or injured person. 9. The operator or his agent has been found guilty of malpractice or willful and wanton misconduct in the operation of its service. B. All complaints shall be investigated and a report thereon made to the Board, together with findings and recommendations, within fifteen (15) days. If revocation, suspension or alteration of any certificate appears warranted, the Board shall give notice to the operator holding the certificate that the same will be considered at a specific commission meeting, provided the date of such meeting shall not be less than five (5) days from the date of the notice. The Board shall thereupon consider the complaint and either revoke, suspend or alter the certificate or dismiss the complaint. Section 14 !2.: General Operating Regulations All certificate holders, operators, and drivers shall comply with all state statutes and administrative regulations as following regulations: A. Twenty- four Hour Service. Every certificate holder shall be required to operate sufficient ambulances, as stated on the certificate of operation and determined by the Board, on immediate call at all times. Words underlined added and words stmek through are deleted. 7 "-- B. Prompt Service Required._Every call for ambulance service shall be answered promptly. BE Patients shall be loaded and transported without being subject to unreasonable delays. All calls for emergency assistance requiring over twenty (20) minutes from time of notification to arrival on scene shall be reported to the Administrator with complete documentation of the circumstances, which delayed the response. Those instances where more that three (3) minutes elapse between receipt of an emergency call and dispatch of an ambulance shall also be reported to the Administrator with documentation of circumstances. C, Bed Linens. Clean and sanitary bed linens shall be provided for each patient carried and shall be changed as soon as practicable after the discharge of the patient. D, Daily Log. Every operator shall maintain in a daily log upon which shall be recorded the place or origin, time of call, time of dispatch, time of arrival at scene, time left for hospital, time of arrival at hospital, and charges for each trip made and such other operating and patient information as may be required by Ordinance. Every operator shall retain and preserve all daily logs for at least two (2) years, and such logs shall be available for inspection by the Administrator, E. Communications. Each ambulance shall maintain two-way radio communication with the location of primary dispatch from which it operates, as well as any additional communication capabilities required by Ordinance or state law. F. Vehicles and Equipment Each vehicle shall be equipped with the proper medical and emergency equipment as required by the laws of the State of Florida and shall be subjected to inspection from time to time to insure compliance with the laws of Florida and this Ordinance. G. Certification In addition to the State of Florida Department of Health and Rehabilitative Services requirements for certification, each paramedic must be certified by the County Medical Director. Each paramedic must work with a Collier County EMS ambulance for a sufficient length of time for the ambulance service medical director to properly judge his capability. At minimum, the paramedic must work in that capacity not less than one full month's work shift annually. Salaries of other than Collier County EMS paramedics will be paid by the agency seeking the Medical Director Certification. Words underlined added and words stmek threl:lgh are deleted. 8 ,..~._"..._._,-" H. Each ambulance or ALS service shall be subject to those rules and regulation as BE promulgated by Ordinances ofthe Board for the purpose of carrying out this ordinance. Section !S-16: Central Place of Business Each operator shall maintain a central place of business which shall be entirely within his designated operating zone, at which place he shall provide two-way radio communication with his vehicles, the county emergency control communications center, and his place of business, a properly listed telephone for receiving all calls for service and at which central place of business he shall keep such business records and daily logs available for inspection or audit by the Administrator. Every operator shall keep on file with the Administrator and the County Emergency Control Communications Center a business address and telephone number at which the operator may be reached at all times. This information will be maintained at the Emergency Control Center. Section M 17: Records To Be Kept Every operator shall keep accurate records of receipts from operations, operating and other expenses, capital expenditure and such other operating and patient information as may be required by the Board. Section t-+ 18: Rates Every operator shall file with the Board a schedule of the rates. Such rates shall be filed as a part of each new or renewal application, and a rate schedule shall also be filed when changes in rates are proposed. All such rates shall be subject to review and approval by the Board. Section -1-819: Operator's Insurance Every ambulance operator shall carry bodily injury and property damage insurance with solvent and responsible insurers authorized to transact business in the State of Florida to secure payment for any loss or damage resulting from any occurrence arising out of or caused by the operation or use of any of the operator's motor vehicles. Each vehicle shall be insured for the sum of at least one hundred thousand dollars ($100,000.00) for injuries to or death of anyone person arising out of anyone accident and the sum of at least three hundred thousand dollars ($300,000.00) for injuries to or death or more than one person in anyone accident and for the sum of at least fifty thousand dollars ($50,000.00) for damage to property arising from anyone accident. They shall also have malpractice insurance. Every insurance policy or contract for such insurance shall provide for the payment and satisfaction of any financial judgment entered Words underlined added and words struek through are deleted. 9 -.-., against the operator and present insured or any person driving the insured vehicle. Suete E insurance shall be obtained and certificates or certified copies of such policies shall be filed with the Board. All such insurance policies, certificates thereof or certified copies of such insurance policies shall provide for a thirty (30) day cancellation notice to the Board. Section .J.9.1Q: Conduct of Drivers And Attendants All drivers, EMT's and paramedics shall comply with the laws of the State of Florida, in order to meet the requirements set out in this Ordinance and no driver, EMT or paramedic registered hereunder shall: A. Failor refuse to promptly transport, if applicable, or attend any sick or injured person after responding to a call, B. Demand or receive compensation other that that established and approved in accordance with this ordinance or fail to give a receipt for moneys received. (If applicable). C. Give or allow rebate, commission, discount or any reduced rate not provided in the established rate. (If applicable.) D. At any time induce or seek to induce any person engaging an ambulance or ALS service to patronize or retain the services of any hospital, convalescent home, mortuary, cemetery, attorney, accident investigator, nurse, medical doctor or other service occupation or profession. E. At any time release his patient from his care until he is assured that some responsible person is available to receive such patient. F. At any time use a siren or flashing red light unless on an emergency call. G. Disobey the lawful orders of the law enforcement officer at the scene of an accident, or other similar such emergency or at a fire scene, the fire officer in charge. H. Smoke while within the confines of an ambulance. 1. Operate or ride in an ambulance without using seatbelts. (Personnel attending patients are exempt). Section ~ 21: Passengers No person shall be aboard ambulances when engaged in emergency or routine medical calls except the following: A. Driver, attendants and fire or law enforcement personnel; Words underlined added and words strnek thrOl:lgR are deleted. 10 ]7 f B. Patients; 8E C. Not more that one relative or close friend of the patient, or if the situation warrants, the paramedic in charge may authorize more than one passenger. D. Physicians and nurses; E. Personnel in an observing capacity that are being trained for ambulance or ALS service. F. Operator's supervisory personnel. Section U ll: Obedience to Traffic Laws, Ordinances or Regulations. A. The driver of an ambulance or ALS vehicle when responding to an emergency call or while transporting a patient may exercise the following privileges when such driver has reasonable grounds to believe that an emergency in fact exists requiring the exercise of such privileges: 1. Park or stand, irrespective of the otherwise applicable provisions of law, ordinance or regulations. 2. Proceed past a red light or stop signal or stop sign, but only after slowing down as may be necessary for safe operations. 3. Exceed the maximum speed limits permitted by law so long as he does not endanger life or property. 4. Disregard laws, ordinances or regulations governing direction or movement or turning in specified directions so long as he does not endanger life or property. B. The exemptions herein granted shall apply only when such vehicle is making use of audible and/or visible signals meeting the requirements of this Ordinance. C. The foregoing provisions shall not relieve the driver of a vehicle from the duty to drive with due regard for the safety of all persons, nor shall such provisions protect the driver from the consequences of his reckless disregard for the safety of others. Section ~ 23: Violations In addition to the remedies provided herein, a violation of any provision of this ordinance shall be punishable as provided by law for the violation of County ordinances. Section ~ 24: Uniformity of Application The Ordinance shall constitute a uniform law applicable in all of Collier County. Section U 25: Authority To Enforce Words underlined added and words strnek thrOHgh are deleted. 11 -.-, ..,..-~~ It is hereby declared to be the duty of the Board of County Commissioners of Collier BE County, its officers, agents, employees and other governmental agencies, the sheriffs department of Collier County, its deputies and agents, fire departments, as well as the police departments of the various municipalities falling under the provisions of this Ordinance to strictly enforce the provisions ofthis Ordinance. Section ~26: Repeal and Codification Ordinance 75-50 is hereby repealed. This Ordinance shall be codified in the Collier County Code as Chapter 4 of said Code, and said Code is hereby amended accordingly. Section ~ 27: Conflict and Severability In any seetioa, sabseetioa, senteaee, elaase e1' p1'evisioB ef this Ol'diaanee is held iHvalid, the remaiader of this Onliaanee saall net Be affested thereby. In the event this Ordinance should ever conflict with any other ordinance of Collier County, or applicable ordinance of any municipality, or other applicable law. rule or regulation. the more restrictive shall apply. If any section, sub-section. sentence. clause. phrase or portion of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction. such portion shall be deemed a separate. distinct and independent provision and such holding shall not affect the validity of the remainder of the Ordinance. Section ~ 28: Effective Date This Ordinance shall become effective upon receipt of notice that it has been filed with the Secretary of State. PASSED AND DUL Y ADOPTED by the Board of County Commissioners of Collier County, Florida, this day of ,2003. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA By: By: TOM HENNING, Chairman Approved as to form and legal sufficiency: Jacqueline Hubbard Robinson Assistant County Attorney H: Ordinance/Revision ofOrd 81-75 Words underlined added and words struek threagfl are deleted. 12 8E . ;".' NOTICE OF INTENT TO CONSIDER ORDINANCE Notice is hereby given that on February 24, 2004 in the Boardroom, 3rd Floor, Administration Building, Collier County Government Center, 3301 East Tamiami Trail, Naples, Florida, the Board of County Commissioners will consider the enactment of a County Ordinance. The meeting will commence at 9:00 A.M. The title of the proposed Ordinance is as follows: AN ORDINANCE AMENDING ORDINANCE 81-75 BY ADDING SECTION TWELVE ENTITLED: CLASSIFICATIONS AND CERTIFICATES, PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES, PROVIDING FOR CONFLICT AND SEVERABILITY, PROVIDING AN EFFECTIVE DATE. Copies of the proposed Ordinance are on file with the Clerk to the Board and are available for inspection. All interested parties are invited to attend and be heard. NOTE: All persons wishing to speak on any agenda item must register with the County administrator prior to presentation of the agenda item to be addressed. Individual speakers will be limited to 5 minutes on any item. The selection of an individual to speak on behalf of an organization or group is encouraged. If recognized by the Chairman, a spokesperson for a group or organization may be allotted 10 minutes to speak on an item. Persons wishing to have written or graphic materials included in the Board agenda packets must submit said material a minimum of 3 weeks prior to the respective public hearing. In any case, written materials intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of seven days prior to the public hearing. All material used in presentations before the Board will become a permanent part of the record. Any person who decides to appeal a decision of the Board will need a record of the proceedings pertaining thereto and therefore, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is based. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA DONNA FIALA, CHAIRMAN DWIGHT E. BROCK, CLERK By: Is/patricia L. Morgan, Deputy Clerk ( SEAL) -------.'.-<-.-."- --."- 8E .. February 10, 2004 Attn: Georgia Naples Daily News 1075 Central Avenue Naples, Florida 34102 Re: Notice of intent to consider: An Ordinance Amending Ordinance No. 81-75 Dear Georgia: Please advertise the above referenced notice on Friday, February 13,2004 and kindly send the Affidavit of Publication, in duplicate, together with charges involved to this office. Thank you. Sincerely, ~~ Trish Morgan, Deputy Clerk P.O./Account # 490-144610-648110 ~_._,. ~"-"- Patricia L. Morgan 8E To: Georgia (E-mail) Subject: Advertising - Ordinance Amending Ordinance 81-75 Hi georgia} PCease run t/ie attac/iea aa on Prid'ay} peGruary 13} 2004. PCease confinn its pfacement. rrlianftyou} CJ'ris/i :M.inutes d 1?,fcorcfs '-J '-J ORD.AMEND.81-75 ORD.AMEND.ORD, ,doc 81-75,doc ---'--'- -- Patricia L. Morgan 8E From: postmaster@clerk,collier.fl.us Sent: Tuesday, February 10, 2004 2:24 PM To: Patricia L, Morgan Subject: Delivery Status Notification (Relay) I~ [2] ". ATT484234.txt Advertising - Jrdinance Amendi.,,'1!i ' r[. d' fi % ifi ' is lS an automatica ry generate ([)e wery Status ott catton. 'Your message lias 6een successfurly relayed'to tlie forlowing recipients, 6ut tlie requested'd'efivery status notifications may not 6e generated' 6y tlie d'estination. fegafs@napfesnews, com --...- 8E Patricia L. Morgan From: System Administrator [postmaster@naplesnews,com] Sent: Tuesday, February 10, 2004 2:27 PM To: Patricia L. Morgan Subject: Delivered: Advertising - Ordinance Amending Ordinance 81-75 [2] om Advertising - Jrdinance Amendi... <<Jlavertising - OrdinanceJ'lmending Ordinance 81-75>> rtourmessage To: qeorgia (P.-maiO Su6ject: J'lavertising - Ordinance J'lmending Ordinance 81-75 Sent: 'fue, 10 Pe6 200414:23:37 -0500 was aeCiverea to tlie foCCowing recipient(s): Cegafs on 'fue, 10 Pe6 200414:26:56 -0500 _"'-~'-'.^'..._,,._-,,- -~.._- Advertising - Ordinance Amending Ordinance 81-75 Page 1 of 1 BE f' Patricia L. Morgan _,._,.v____.<_..~..~~,~u_~~~~.'___._~_~~~.~_~_____~~~_~_~'_._~~~~'~~~_u_~~~...,'...~_~_,.,__....y~_"_..,'_____~>_~_~__.~~'^~~_~"_~__~_~_<_~'~~~~ From: legals [Iegals@naplesnews.com] Sent: Tuesday, February 10,20042:41 PM To: Patricia L. Morgan Subject: RE: Advertising - Ordinance Amending Ordinance 81-75 rcvd to run feb. 13 thanks georgia -----Original Message----- From: Patricia L. Morgan [mailto:Patricia.Morgan@c1erk.collierJl.us] Sent: Tuesday, February 10, 20042:24 PM To: Georgia (E-mail) Subject: Advertising - Ordinance Amending Ordinance 81-75 Jri yeorgia, cpfease run the attached ad on Priday, pe6ruary 13, 2004. cpfease confinn its pCacement. rrlianftyou, rrrish :Jvtinutes d CR,gcords <<ORD.AMEND.81-75,doc>> <<ORD.AMEND,ORD.81-75.doc>> 2/10/2004 -~~"~-'-"'~>"-- .-.". Search Results Page 1 of 1 BE ,111I1 . """-",,",,'><,,",'. m~~<<_~'~= ",__,,__.v__., Description: Ordinances and petitions - 81-75 NOTICE OF INTENT TO CONSIDER ORDINANCE Notice is hereby given that on February 24, 2004 in the Boardroom, 3rd Floor, Administration Building, Collier County Government Center, 3301 East Tamiami Trail, Naples, Florida, the Board of County Commissioners will consider the enactment of a County Ordinance, The meeting will commence at 9:00 A,M, The title of the proposed Ordinance is as follows: AN ORDINANCE AMENDING ORDINANCE 81-75 BY ADDING SECTION TWELVE ENTITLED: CLASSIFICATIONS AND CERTIFICATES; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING AN EFFECTIVE DATE. Copies of the proposed Ordinance are on file with the Clerk to the Board and are available for inspection. All interested parties are invited to attend and be heard. NOTE: All persons wishing to speak on any agenda item must register with the County administrator prior to presentation of the agenda item to be addressed. Individual speakers will be limited to 5 minutes on any item. The selection of an individual to speak on behalf of an organization or group is encouraged. If recognized by the Chairman, a spokesperson for a group or organization may be allotted 10 minutes to speak on an item. Persons wishing to have written or graphic materials included in the Board agenda packets must submit said material a minimum of 3 weeks prior to the respective public hearing, In any case, written materials intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of seven days prior to the public hearing, All material used in presentations before the Board will become a permanent part of the record, Any person who decides to appeal a decision of the Board will need a record of the proceedings pertaining thereto and therefore, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is based, BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA DONNA FIALA, CHAIRMAN DWIGHT E, BROCK, CLERK By: Is/patricia L. Morgan, Deputy Clerk (SEAL) Feb. 13 No, 495014 Location: FL Date: 2/13/2004 Source: Naples Daily News http://naplesnews,abracat.coml c21 announcements/results/printer ,xml? &search=Search&ali,.. 2/1312004 ~_.._~.___".._m"'_"_""~'___"'__'_"'~_H"',_ _ ,,-,',- E ~ Naples Daily News . 81-75 . Naples, FL 34102 NOTIC INTENTTO ORDtNANCE Affidavit of Publication Notice Is hereby given Naples Daily News that on Febr~,k 24. --------------------------------------------------+----------------------- 2004 In the 80 om. ' 3rd Floor. AdmJ stra. tlon BulldhUl, CollI.er COLlnty .lov,rnment center. 330 I!Ut Tamil. BOARD OF COUNTY COMMISSIONERS ml Trail. NINIIeJ. florida. the Board of. County CHERI LEFARA comm~oners will con. sider t e enactment of PO BOX 413016 a countli Ordinance. NAPLES FL 34101-3016 The mil Ing will com. ~ at 9:00 A.M. The t Ie of the ~ Or. dlnance Is as ows: AN ORDINANCE AMEND. ING ORPINANCE 81.75 REFERENCE: 001230 490-14461064 BY ADDING SECTION TWELVE ENTITLED: 58804905 81-75NOTICE OF INTEN CLASSIFICriJONS AND I CERT/F1~AT ;. PROVID. State of Florida ING FO INCLUSION IN THE CODE OF LAWS AND County of Collier ' ORO/NANCES~ PROVID. IN~ FOR CON LlCT AND Before the undersigned authority, personally F,E ERABILlTYit/ROVID. appeared B, Lamb. who on oath says that she serves NG AN EFFECT! DATE. as Assistant Corporate Secretary of the Naples Copies of the proposed Daily News, a daily newspaper published at Naples, Ordinance are on file in Collier County, Florida: that the attached with t~ Clerk to the copy of advertising was published in said Board IJ'ellVllllable ~on. All Inter. newspaper on dates listed, ' :: are invited Affiant further says that the said Naples Daily to attei14 be heard. News is a newspaper published at Naples, in said NOTE: All peI'JOns wish. Collier County, Florida, and that the said Ing to speak on any, agenda Itlim must regls. newspaper has heretofore been continuously ter with the County ad. published in said Collier County, Florida, each mlnlstrator nlor to pre. sentatlon 0 the agenda day and has been entered as second class mail It~ to be addressed. matter at the post office in Naples, in said In Ivldual speakers will be limited to 5 minutes Collier County, Florida, for a period of 1 year on any Item. The selec. next preceding the first publication of the tlon of an Individual to speak on. behalf of an attached copy of advertisement; and affiant organization or !roup Is further says that she has neither paid nor eGcou~aged. I recog. n zed y the Chairman. promised any person, firm or corporation any a spokesperson for a discount, rebate, commission or refund for the grou~ or organization may. allotted 10 min. purpose of securing this advertisement for utes to speak on an publiction in the said newspaper, Item. Persons wishing to PUBLISHED ON: 02/13 have written or feashlC materials Inclu e In the Board IlIl!nda pack. ets m~st submit said materl a m'nlmu~ of 3 weeks prior to t ere., specllve public hearing. In any. cue. written ma. terla s Intended to be AD SPACE: 113,000 INCH conslclered bl the Board shall be su mltted to FILED ON: 02/13/04 the appr~rlate County --------------------------------------------------+---------------------- staff a m lmum of sav. ,) en datS prior to the Signature of Affiant ,/?_----t ftUbllC earlng. All ma. erlal used In ~relenta' tlons before t e Board Sworn to and Subscribed before me this It~ day of r:efl- wlH become a perma. 200Y nent partoflhe rei;ord; , U :fir ;J-:;;l Any person who decld. es to =1 a decision Personally known by me . C0'\....\,.Le / B.o. .~.~ of the will nHd a t7 record of the P'ttCeed. In~ ~Inlng t ereto ani:! ... fore. may need ._4i-~tf!~:-.. Harriett Bushong to ensure Jhat a verba. tim r.cor of theJAro. d'" !i -r:~ MY COMMISSION # DD234689 EXPIRES c:eedk1os Is M Ich record Includes tes. ',""<''"'" July 24, 2007 tlmony and ev dence '<;:);;:,\~,{~,,'L Bor'iDtD THRU TROV I=A.:N INSURANCE, INC uRon which the appeal Is based. BO~~ COUNTY COM EftS COLLI R COUNTY, FLORIOA DONNA FIALA. CHAIR. MAN - DWIGHT E, BROCK. CLERK By: ./S/Patrlcla I.. MQr. m~Clerk Feb, 13 No, 495014 ~> 8 E OFFICE OF THE COUNTY ATTORNEY INTEROFFICE MEMORANDUM TO: Sue Filson, Executive Manager-BCC FROM: Rosa E. Martinez- Legal Secretary for \L~~ Jacqueline W. Hubbard, Assistant County Attorney DATE: March 1, 2004 RE: Bee Agenda February 24, 2004- Item 8E Amending Ordinance 81-75 Pursuant to the Board of County Commissioners meeting of February 24th, please find attached the original ordinance that reflects the changes requested by the Board. cc: David C. Weigel, County Attorney Jeff Page, Director-EMS H: JH/EMS RLSlMemo to Sue trans amended ordinance 30104 8r-- (~: ~~ '!~ "'~ ORDINANCE NO. 2004 - .lL AN ORDINANCE AMENDING ORDINANCE 81-75 BY ADDING SECTION TWELVE ENTITLED: CLASSIFICATIONS AND CERTIFICATES; PROVIDING FOR INCLUSION IN CODE OF LAWS AND ORDINANCES; PROVIDING FOR CONFLICT AND SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE, WHEREAS, Collier County desires to make available to its citizens safe, professional emergency health care transportation services for the transfer of patients between and among local hospital facilities; and WHEREAS, Collier County desires to facilitate the provision of such services and has the necessary equipment, training, expertise, professional certifications and licenses to do so; and WHEREAS, the amendment to Ordinance Number 81- 75 results in a benefit to Collier County by reducing response times for certain transports and providing for the availability of more transport vehicles. NOW THEREFORE: BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA: Section 1: Purpose This ordinance is adopted pursuant to Chapters 125 and 401, Florida Statutes. The purpose of this ordinance is to provide better protection for the health, safety and welfare of the residents of Collier County, in ambulance and ALS matters, by establishing uniform county-wide standards for certification of ambulance or advanced life support or services, or operations by promulgating complete and clear rules and regulations for operation of all ambulance or rescue companies or services in Collier County. Section 2: Definitions A. Advanced Life Support (ALS) shall mean procedures conducted as defined in applicable Florida Statutes and Florida Administrative Code, Section 64E, B. Administrator shall mean the County Manager or his designee, C. Ambulance means any privately or publicly owned land, air, or water vehicle that is designed, constructed, reconstructed, maintained, equipped or operated, and is used for or intended to be used for air, land, or water transportation of persons, who are sick, injured, or otherwise helpless. D. Board shall mean the Collier County Board of County Commissioners, E, Certificate means a certificate of convenience and necessity as authorized in Section 401.25 (2)( d), Florida Statutes, -------..--. _ .-.-..-........----.---. I BE-II F. Emergency Call shall mean the transit of an ambulance under conditions which warrants travel with flashing lights and siren operating. G. Operator shall mean any person, organization or governmental entity providing ambulance or ALS services. H. Patient shall mean an individual who is ill, sick, injured, wounded, or otherwise incapacitated or helpless. 1. Routine Call or Routine Transfer shall mean the transportation of a patient under non- emergency call conditions. ], Rescue Service shall mean first response treatment of patients but does not include Advanced Life Support (ALS) or transport. Section 3: Requirements For Certificate It shall be unlawful for any person, firm, agency, or any other entity, including governmental units, to provide an ambulance service or provide advanced life support without first obtaining a certificate therefore from the Board of County Commissioners of Collier County. Section 4: Exemptions and Exclusions From Certificate Requirement Certificates shall not be required for: A. Rescue Services B, The use of a non-ambulance for any transport of a patient pursuant to the Good Samaritan Act, Section 768.13, Florida Statues. C. Vehicles rendering ambulance-type services when requested to do so by the Board of County Commissioners or County Manager in the event of a major catastrophe or other such emergency which requires more ambulances that are available in the county. 0, Ambulances based outside the county which pick up a patient in the county and transport him out of the county, or which pick up a patient out of the county and transport him into the county. E. Vehicles used to transport persons for routine scheduled medical treatments. Vehicles transporting persons who require services en route or who must be carried on a stretcher are not covered by this exemption, Words underlined added and words struck through are deleted. 2 -----., ....~._--"_.._"~ --. --. I BE ,~ ,It- \! Section 5: Procedure For Obtaining Certificate An applicant for a certificate shall obtain forms from the department to be completed and returned to the Division Administrator. Each application shall contain: A. The name, age, and address of the owner of the ambulance or ALS provider, or if the owner is a corporation, then of the directors of the corporation and of all the stockholders holding more that 25% of the outstanding shares. For governmental units, this information shall be supplied for members of the governing body. B. The boundaries of the territory desired to be served. C. The number and brief description of the ambulances or other vehicles the applicant will have available, D. The address of the intended headquarters and any sub-stations. E, The training and experience of the applicant. F. The names and addresses of three (3) Collier County residents who will act as references for the applicant. G. A schedule of rates which the service intends to charge. H, Such other pertinent information as the administrator may require. I. An application or renewal fee of two hundred fifty dollars ($250.00), (Exception Collier county EMS J. Financial data including assets and liabilities of the operator. A schedule of all debts encumbering any equipment shall be included. Section 6: Review of Application The Administrator shall review each application and shall investigate the applicant's reputation, competence, financial responsibility, and any other relevant factors. The Administrator shall also make an investigation as to the public necessity for an ambulance or ALS operation in the territory requested, and shall then make a report to the Board containing his recommendation whether to grant a certificate to the applicant within sixty (60) days of the time the Administrator determines the application is complete, Section 7: Requirement For Board Approval In Granting Certificate The Board of County Commissioners shall not grant a certificate unless it shall find, after public hearing and based on competent evidence that each of the following standards has been satisfied: Words underlined added and words struck through are deleted, 3 ...._____m.. - ~.._-~._---_._-,---_.._. I 8E- -ii'. A. That there is a public necessity for the service, In making such determination, the Board of County Commission shall consider, as a minimum, the following factors: (1) The extent to which the proposed service is needed to improve the overall Emergency Medical Services (EMS) capabilities of the County, (2) The effect of the proposed service on existing services with respect to quality of service and cost of service. (3) The effect of the proposed service on the overall cost of EMS service in the County. (4) The effect of the proposed service on existing hospitals and other health care facilities. (5) The effect of the proposed service on personnel of existing services and the availability of sufficient qualified personnel in the local area to adequately staff all existing services. B. That the applicant has sufficient knowledge and experience to properly operate the proposed service. C. That, if applicable, there is an adequate revenue base for the proposed service. D. That the proposed service will have sufficient personnel and equipment to adequately cover the proposed service area. Section 8: Appointment of Hearing Officer In making the determinations provided for in Section 7 above, the Board may, in its sole discretion, appoint a Hearing Officer to hold a public hearing and to make factual findings and conclusions as a result of the hearing, Should a Hearing Officer be appointed, said Hearing Officer shall render a written report to the Board within 30 days of the hearing, which report shall contain the officer's findings and conclusions of fact, and a recommended order. The findings and conclusions of fact shall be binding upon the Board, but the recommended order shall be advisory only, Section 9: Rights and Duties Granted By Certificate The certificate granted by the Board shall be valid for one calendar year and shall be personal to the applicant and not transferable. In the case of a corporation, if there occurs such a transfer of stock or other incidents of ownership as to change the majority or largest stockholder, Words underlined added and words struck through are deleted. 4 --------.. I 8 ~ ItllI t 'd a new certificate must be applied for. Changes in the officers of the corporation will not require a new certificate, Acceptance of the certificate by the applicant shall obligate the applicant to: A. Service the entire zone granted to the applicant. B. Provide coverage to adjoining zones, when requested to do so by Emergency Control for emergency calls when the certificate holder for that zone is unable to respond. e. Keep posted at his place of business a copy of the fee schedule, which must be filed with the Administrator (If applicable). D. Operate in accordance with the rules and regulations adopted pursuant to this Ordinance and any applicable County Ordinances, and Chapter 40 I Florida Statutes, and any administrative regulations adopted pursuant thereto. E. Employ at all times sufficient personnel experienced in operation and management of emergency medical services to ensure proper and efficient operation, Section 10: Renewal of Certificate Each certificate holder shall file within ninety (90) days of expiration, an application for renewal of his certificate. Renewals shall be based upon the same standards, as the granting of the original certificate along with such other factors as may be relevant. The renewal application shall be accompanied by a two hundred and fifty dollar ($250.00) renewal fee. The renewal certificate may be approved routinely by the Board, upon advice of the Administrator, or the Board may hold a hearing on same, Section 11: Emergency Provisions The Board may modify, suspend or revoke a certificate in the interest of the public health, safety and welfare, only at public hearing and after reasonable notice has been given to the certificate holder affected, However, if a situation exists which poses a serious threat that ambulance or rescue service will not be available to any certain area of Collier County, the Administrator shall have such temporary emergency powers as are necessary to provide that service, These temporary powers are intended to provide interim protection until such time as the Board meets to resolve the emergency. Section 12: Classifications of Certificates There shall be two (2) classifications of service in Collier County. as follows: A. Class 1: Collier County EMS: Words underlined added and words struck through are deleted, 5 ._~-_.- I BE- ALS Rescue: An EMS provider with the capabilitv of renderine: on the scene prehospital ALS services and who may or may not elect to transport patients. An EMS provider renderine: this level of service for a 20vernmental entity shall be deemed to be operatine: under the Class 1 - ALS rescue certificate of public convenience and necessity held bv the e:overnmental entity. An EMS provider holdine: a Class 1 - ALS rescue certificate may provide post- hospital interfacilitv medical transfer services and routine ALS and BLS calls within the County. A certificate of public convenience and necessity must be obtained from the County before en2a2ine: in this level of medical service. B. Class 2: Collier County Hospitals: 1. ALS Transfer: An EMS provider who renders ALS interfacilitv medical transfer services. An EMS provider who is awarded a Class 2 - ALS transfer certificate and does not possess a Class 1 - ALS rescue certificate shall not respond to an emer2encv call and provide ALS rescue services unless called upon bv the appropriate Class 1 - ALS rescue provider to provide emere:encv backup service. In these instances. it shall be deemed to be operatine: under the Class 1 - ALS rescue certificate of the 20vernmental entity reQuestine: such emere:encv backup service. 2. Class 2 - ALS transfer certificate holders may provide post-hospital interfacilitv medical transfer services and routine ALS and BLS calls within the County but onlv to hospitals owned bv the certificate holder. however. the Class 2 certificate holder may provide out-of-Countv transports. Unless an EMS provider possesses a Class 1 - ALS Rescue certificate issued bv the County. a certificate of public convenience and necessity must be obtained from the County before ene:a2ine: in this level of medical service. 3. Class-2 transfer certificate holders shall contract with the Class - 1 rescue certificate holder's Medical Director for the performance of services set forth in FLorida Statutes. Section 401.265 and as specificallv set forth herein as follows: Words underlined added and words struck through are deleted, 6 - ----.^.,-.-.. I BE -.:. .. "- a. He shall supervise and accept direct responsibility for the medical performance of the paramedics and Emere:encv Medical Technicians (hereinafter EMTs). b. He shall develop medicallv correct stan dine: orders or protocols relatine: to life support system procedures when communication cannot be established with a supervisine: physician or when any delay in patient care would potentiallv threaten the life or health of the patient. c. He shall issue standine: orders and protocols to ensure that the Class-2 transfer certificate holder transports each of its patients to facilities that offer a tvpe and level of care appropriate to the patient's medical condition. d. He or his appointee shall provide continuous 24-hour-per-dav. 7-dav-per-week medical direction which shall include. in addition to the development of protocols and standine: orders. direction to the Class-2 transfer certificate holder's personnel as to the availability of "off-line" service to resolve problems. system conflicts. and provide services in an emere:encv as that term is defined bv section 252.34(3). Florida Statutes. e. He shall establish a Qualitv assurance committee to provide for Qualitv assurance review of all EMTs and paramedics operatine: under his supervision. f. He shall audit the performance of system personnel bv use of a Qualitv assurance proe:ram that includes but is not limited to a prompt review of patient care records. direct observation. and comparison of performance standards for drue:s. equipment. system protocols and procedures. He shall be responsible for participatine: in Qualitv assurance proe:rams developed bv the Class-2 transfer certificate holder. e:. He shall ensure and certify that security procedures of the Class-2 transfer certificate holder for medications. fluids and Words underlined added and words struck through are deleted. 7 --.- ._-'--~.'-_.__...---,. I BE controlled substances are in compliance with chapters 401. 499 and 893. Florida Statutes. and chapter 10D-45 of the Florida Administrative Code. h. He shall create. authorize and ensure adherence to. detailed written operatine procedures reeardine all aspects of the handline of medications. fluids and controlled substances by the EMS personnel and comply with all reauirements of chapters 401. 499 and 893. Florida Statutes. i. He shall notify the Florida Department of Health. (hereinafter the "Department") in writine when the use of telemetry is not necessary. i. He shall notify the department in writine of each substitution of eauipment or medication. k. He shall assume direct responsibility for the use by an EMT of an automatic or semi-automatic defibrillator; the performance of esophaeeal intubation by an EMT; and on routine interfacility transports. the monitorine and maintenance of non-medicated LV.s by an EMT. He shall ensure that the EMT is trained to perform these procedures; shall establish written protocols for the performance of these procedures; and shall provide written evidence to the Florida Department of Health documentine compliance with the provisions of this paraeraph. l. He shall ensure that all EMTs and paramedics are trained in the use of the trauma scorecard methodoloeies as provided in sections 64E-2.017 of the F.A.C.. for adult trauma patients and 64E-2.0175. F.A.C.. for pediatric trauma patients. m. He shall participate as a crew member on an EMS vehicle for a minimum of 10 hours per year and complete a minimum of 10 hours per year of continuine medical education related to pre-hospital care or teachine or a combination of both. Words underlined added and words struck through are deleted. 8 _"_e.~._._.~ I 8f- .'if ,I:.~' n. He shall ensure that all of the Class-2 transfer certificate holder's EMTs and paramedics have all proper certifications and receive all trainine: necessary to maintain their certification. Section Y 13: Transfer Or Assignment of Certificates No certificate issued under this Ordinance shall be assignable or transferable by the person to whom issued except unless approval is obtained from the Board in the same manner and subject to the same application, investigation, fees and public hearing as original applications for certificates. Any majority transfer of shares or stock or interest of any person or operator so as to cause a change in the directors, officers, majority stockholders or managers of such person or operator shall be deemed a transfer or assignment as contemplated in this Ordinance and subject to the same rules and regulations as any other transfer or assignment. Section H 14: Revocation, Alteration Or Suspension Grounds A. Every certificate issued under this Ordinance shall be subject to revocation, alteration and/or suspension of operation, buy the Board, for a period of up to one year, where it shall appear that: 1. The operator has failed or neglected for a period of thirty (30) days during any calendar year to render all services authorized by his certificate. 2, The operator has been convicted of a felony or any criminal offense involving moral turpitude, 3, The certificate was obtained by an application in which any material fact was omitted or falsely stated, 4. The operator has knowingly permitted any of its motor vehicles to be operated in violation the laws which result in conviction of the driver or operator of a misdemeanor in the second degree or greater, or has knowingly permitted a driver with more than two previous convictions to operate emergency vehicles. 5, The operator has failed to comply with any of the provisions of this Ordinance, 6. The public interest will best be served by revocation, alteration, or suspension of any certificate upon good cause shown, 7. The operator or his agent has demanded money or compensation other that that established and prescribed under this ordinance. (If applicable). Words underlined added and words struck through are deleted, 9 - _.~~ ~-"-~"'_... I BE---'. 8, The operator has without sufficient justification failed or refused to furnish emergency care and/or transportation promptly for a sick or injured person. 9. The operator or his agent has been found guilty of malpractice or willful and wanton misconduct in the operation of its service. B. All complaints shall be investigated and a report thereon made to the Board, together with findings and recommendations, within fifteen (15) days. If revocation, suspension or alteration of any certificate appears warranted, the Board shall give notice to the operator holding the certificate that the same will be considered at a specific commission meeting, provided the date of such meeting shall not be less than five (5) days from the date of the notice. The Board shall thereupon consider the complaint and either revoke, suspend or alter the certificate or dismiss the complaint. Section 14 15: General Operating Regulations All certificate holders, operators, and drivers shall comply with all state statutes and administrative regulations as following regulations: A. Twenty-four Hour Service. Every certificate holder shall be required to operate sufficient ambulances, as stated on the certificate of operation and determined by the Board, on immediate call at all times. B. Prompt Service Required. Every call for ambulance service shall be answered promptly, Patients shall be loaded and transported without being subject to unreasonable delays. All calls for emergency assistance requiring over twenty (20) minutes from time of notification to arrival on scene shall be reported to the Administrator with complete documentation of the circumstances, which delayed the response, Those instances where more that three (3) minutes elapse between receipt of an emergency call and dispatch of an ambulance shall also be reported to the Administrator with documentation of circumstances, C. Bed Linens. Clean and sanitary bed linens shall be provided for each patient carried and shall be changed as soon as practicable after the discharge of the patient. D. Daily Log, Every operator shall maintain in a daily log upon which shall be recorded the place or origin, time of call, time of dispatch, time of arrival at scene, time left for hospital, time of arrival at hospital, and charges for each trip made and such other operating and patient information as may be required by Ordinance, Every operator shall Words underlined added and words struck through are deleted. 10 -..--.---. I 8E- t I retain and preserve all daily logs for at least two (2) years, and such logs shall be available for inspection by the Administrator. E. Communications. Each ambulance shall maintain two-way radio communication with the location of primary dispatch from which it operates, as well as any additional communication capabilities required by Ordinance or state law. F. Vehicles and Equipment. Each vehicle shall be equipped with the proper medical and emergency equipment as required by the laws of the State of Florida and shall be subjected to inspection from time to time to insure compliance with the laws of Florida and this Ordinance, G. Certification. In addition to the State of Florida Department of Health, Bureau of Emergency Medical Services requirements for certification, each paramedic must be certified by the County Medical Director. Each paramedic must work with a Collier County EMS ambulance for a sufficient length of time for the ambulance service medical director to properly judge his capability. At minimum, the paramedic must work in that capacity not less than one full month's work shift annually. Salaries of other than Collier County EMS paramedics will be paid by the agency seeking the Medical Director Certification. H. Application. Each ambulance or ALS service shall be subject to those rules and regulation as promulgated by Ordinances of the Board for the purpose of carrying out this ordinance. Section lS-16: Central Place of Business Each operator shall maintain a central place of business which shall be entirely within his designated operating zone, at which place he shall provide two-way radio communication with his vehicles, the county emergency control communications center, and his place of business, a properly listed telephone for receiving all calls for service and at which central place of business he shall keep such business records and daily logs available for inspection or audit by the Administrator. Every operator shall keep on file with the Administrator and the County Emergency Control Communications Center a business address and telephone number at which the operator may be reached at all times. This information will be maintained at the Emergency Control Center. Words underlined added and words struck through are deleted, 11 ....- __w_ I 18E ~ '"' Section M 17: Records To Be Kept Every operator shall keep accurate records of receipts from operations, operating and other expenses, capital expenditure and such other operating and patient information as may be required by the Board. Section l+ 18: Rates Every operator shall file with the Board a schedule of the rates. Such rates shall be filed as a part of each new or renewal application, and a rate schedule shall also be filed when changes in rates are proposed. All such rates shall be subject to review and approval by the Board. Section l8 19: Operator's Insurance Every ambulance operator shall carry bodily injury and property damage insurance with solvent and responsible insurers authorized to transact business in the State of Florida to secure payment for any loss or damage resulting from any occurrence arising out of or caused by the operation or use of any of the operator's motor vehicles. Each vehicle shall be insured for the sum of at least one hundred thousand dollars ($100,000,00) for injuries to or death of anyone person arising out of anyone accident and the sum of at least three hundred thousand dollars ($300,000,00) for injuries to or death or more than one person in anyone accident and for the sum of at least fifty thousand dollars ($50,000.00) for damage to property arising from anyone accident. They shall also have malpractice insurance. Every insurance policy or contract for such insurance shall provide for the payment and satisfaction of any financial judgment entered against the operator and present insured or any person driving the insured vehicle, Such insurance shall be obtained and certificates or certified copies of such policies shall be filed with the Board. All such insurance policies, certificates thereof or certified copies of such insurance policies shall provide for a thirty (30) day cancellation notice to the Board, Section 19 20: Conduct of Drivers And Attendants All drivers, EMT's and paramedics shall comply with the laws of the State of Florida, in order to meet the requirements set out in this Ordinance and no driver, EMT or paramedic registered hereunder shall: A. Failor refuse to promptly transport, if applicable, or attend any sick or injured person after responding to a call. Words underlined added and words struck through are deleted. 12 -".- I 8E~ f ~,~ I B. Demand or receive compensation other that that established and approved in accordance with this ordinance or fail to give a receipt for moneys received. (If applicable ), C, Give or allow rebate, commission, discount or any reduced rate not provided in the established rate. (If applicable.) D. At any time induce or seek to induce any person engaging an ambulance or ALS service to patronize or retain the services of any hospital, convalescent home, mortuary, cemetery, attorney, accident investigator, nurse, medical doctor or other service occupation or profession. E. At any time release his patient from his care until he is assured that some responsible person is available to receive such patient. F. At any time use a siren or flashing red light unless on an emergency call. G, Disobey the lawful orders of the law enforcement officer at the scene of an accident, or other similar such emergency or at a fire scene, the fire officer in charge. H. Smoke while within the confines of an ambulance, I. Operate or ride in an ambulance without using seatbelts, (Personnel attending patients are exempt). Section ~ 21: Passengers No person shall be aboard ambulances when engaged in emergency or routine medical calls except the following: A. Driver, attendants and fire or law enforcement personnel; B. Patients; C, Not more that one relative or close friend of the patient, or if the situation warrants, the paramedic in charge may authorize more than one passenger. D. Physicians and nurses; E. Personnel in an observing capacity that are being trained for ambulance or ALS service, F. Operator's supervisory personnel. Section U 22: Obedience to Traffic Laws, Ordinances or Regulations, A. The driver of an ambulance or ALS vehicle when responding to an emergency call or while transporting a patient may exercise the following privileges when such driver has Words underlined added and words struck through are deleted. 13 ---_.~--- - .--.- "-",-.-.-.,,.'.- 8E- .if :1, reasonable grounds to believe that an emergency in fact exists requiring the exercise of such privileges: 1. Park or stand, irrespective of the otherwise applicable provisions of law, ordinance or regulations, 2, Proceed past a red light or stop signal or stop sign, but only after slowing down as may be necessary for safe operations. 3, Exceed the maximum speed limits permitted by law so long as he does not endanger life or property, 4. Disregard laws, ordinances or regulations governing direction or movement or turning in specified directions so long as he does not endanger life or property. B. The exemptions herein granted shall apply only when such vehicle is making use of audible and/or visible signals meeting the requirements of this Ordinance. C. The foregoing provisions shall not relieve the driver of a vehicle from the duty to drive with due regard for the safety of all persons, nor shall such provisions protect the driver from the consequences of his reckless disregard for the safety of others, Section n 23: Violations In addition to the remedies provided herein, a violation of any provision of this ordinance shall be punishable as provided by law for the violation of County ordinances, Section ~ 24: Uniformity of Application The Ordinance shall constitute a uniform law applicable in all of Collier County. Section ~ 25: Authority To Enforce It is hereby declared to be the duty of the Board of County Commissioners of Collier County, its officers, agents, employees and other governmental agencies, the sheriff s department of Collier County, its deputies and agents, fire departments, as well as the police departments of the various municipalities falling under the provisions of this Ordinance to strictly enforce the provisions of this Ordinance, Section U-26: Repeal and Codification Ordinance 75-50 is hereby repealed. This Ordinance shall be codified in the Collier County Code as Chapter 4 of said Code, and said Code is hereby amended accordingly. Words underlined added and words struck through are deleted, 14 --_..~~,"" . 8(- Section U 27: Conflict and Severability In any section, subsection, sentence, clause or provision of this Ordinance is held in';alid, the remainder of this Ordinance shall not be aff{Jcted thereby. In the event this Ordinance should ever conflict with any other ordinance of Collier County, or applicable ordinance of any municipality, or other applicable law, rule or regulation, the more restrictive shall apply. If any section, sub-section, sentence, clause, phrase or portion of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remainder of the Ordinance, Section 1:+ 28: Effective Date This Ordinance shall become effective upon receipt of notice that it has been filed with the Secretary of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this ~ day of ~_, 2004. "\\\\1\ ""''''11/ \\\\ Allb I" A TTES~t::~.:u.::~1 . "';"~ BOARD OF COUNTY COMMISSIONERS DW~~Ol : ~'~.gg,~~.~~~ COLLIER C TY, FLORIDA .-,~ .~: \5\i",.',,',\'!J ":".~,i> It &,:... ~ fI;j: ,~~., '\;' ~,'"..>,::l~ t"~ ~ \:;.,:, 'I' '~"I.;' w ...f -," By: DO J que line Williams Hubbard Assistant County Attorney H: Ordinance/Revision ofOrd 81-75 Item # .B~ Agenda Date c51' J.I-J . 04/ -- Date ~.I-O!:! Rec'd Words underlined added and words struck through are deleted. 15 .-.-- 9A !! . . MEMORANDUM Date: March 1, 2004 To: Sue Filson BCC Executive Manager From: Linda Houtzer, Deputy Clerk Minutes & Records Department Re: Resolution 2004-63 Enclosed please find a copy of the above reference document, Agenda Item #9A, approved by the Board of County Commissioners on Tuesday, February 24, 2004. If you should have any questions, please contact me at 774-8411 Thank you. Enclosure , -..--.".,. ~._- \. q~, MEMORANDUM Date: March 1, 2004 To: David C. Weigel, County Attorney Office of the County Attorney From: Linda A. Houtzer, Deputy Clerk Minutes & Records Department Re: Resolution 2004-63 Enclosed please find a copy of the above referenced document, Item #9A, as approved by the Board of County Commissioners on February 24, 2004. If you should have any questions, please contact me at 774-8411 Thank you. Enclosure -'_..-~"~ -. "~,-. RESOLUTION NO. 2004-63q ~ A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, TO REAPPOINT MORRIS JAMES LOUIS TO THE ISLES OF CAPRI FIRE CONTROL DISTRICT ADVISORY COMMITTEE. WHEREAS, Collier County Ordinance No. 78-49 created an advisory committee for the Isles of Capri Fire Services Tax District; and WHEREAS, Ordinance No. 78-49 provides that the advisory committee shall consist of three to five members; and WHEREAS, there is currently a vacancy on this Committee; and WHEREAS, the Board of County Commissioners previously provided public notice soliciting applications from interested parties. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that Morris James Louis meets the prerequisites for appointment and is hereby appointed to the Isles of Capri Fire Control District Advisory Committee for a 2 year term, said term to expire on December 31, 2005. BE IT FURTHER RESOLVED that the Board of County Commissioners of Collier County hereby waives the provisions of Section Seven B. of Ordinance No. 2001-55, relating to a limitation of two consecutive terms of office, for the purpose of reappointment of Morris James Louis to this Committee. This Resolution adopted after motion, second and majority vote. DATED: February 24, 2004 ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA , . J)(; ::; ... > NQr"\l.' '. h. ;;;...'. .. . I..t ..'-' ;: - "'r' p. u4t-',~~y" ,- , N ~lf ~,' Att.ft~\\ . ~. '''.''.' ~ ,f;: i' t ~~".;; lll.t: " '\;,"!!\; \" . ~'~"..JI'.::- I gn..~~,~~lJ~'~}).>"~'~?...,}~ .., , ." ~:lt:l "?~...v"'''': ..ui'J'\. '::- ~:',,";~ " ,t;j;i,,{1~~O) \,.."... ApproveCtI2i~ltt(Yft>'l-'m and legal sufficiency: d~~~/1:I- David C. Weigel - County Attorney Dew /kn: h; public; kay;advisoryboards Itsm :# __9..L. /,.jf1d::i f ,...' ,", . . [,,,,, Cl-:d..-Jj.:{) " ~ r-'.... d i :....', -'0 j :<. " 3._L,__ " ! ~~ ~~AA~n..~ ~.~ t: ~-""''"''''''''''''''''''''<Qr,l~." .... -.,. -"-_..._- "._-,._---_..,,_. 98 t~ ;11 "'I . ~ 1 of, MEMORANDUM Date: March 1, 2004 To: Sue Filson BCC Executive Manager From: Linda Houtzer, Deputy Clerk Minutes & Records Department Re: Resolution 2004-62 Enclosed please find a copy of the above reference document, Agenda Item #9B, approved by the Board of County Commissioners on Tuesday, February 24, 2004. If you should have any questions, please contact me at 774-8411 Thank you. Enclosure tqQ MEMORANDUM Date: March 1, 2004 To: David C. Weigel, County Attorney Office of the County Attorney From: Linda A. Houtzer, Deputy Clerk Minutes & Records Department Re: Resolution 2004-62 Enclosed please find a copy of the above referenced document, Item #9B, as approved by the Board of County Commissioners on February 24, 2004. If you should have any questions, please contact me at 774-8411 Thank you. Enclosure "---.-'.. gB ~ MEMORANDUM Date: March 1, 2004 To: Joseph K. Schmitt, Administrator Community Development & Environmental Services From: Linda A. Houtzer, Deputy Clerk Minutes & Records Department Re: Resolution 2004-62 Enclosed please find a copy of the document referenced above, Agenda Item #9B, approved by the Board of County Commissioners on Tuesday, February 24, 2004. If you should have any questions, please contact me at 774-8411. Thank you. Enclosure _._~.-~ .. 9B~J RESOLUTION NO. 2004-62 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, TO DISSOLVE THE COLLIER COUNTY REVENUE COMMISSION. WHEREAS, on March 11, 2003, the Board of County Commissioners of Collier County adopted Resolution No. 2003-118, creating the Collier County Revenue Commission; and WHEREAS, the purpose of the Collier County Revenue Commission is to identify infrastructure requirements, governmental service and community needs of Collier County, and to report to the Board on available private and public revenue sources to meet these needs; and WHEREAS, the Resolution No. 2003-118, provides that the term of the Commission will expire eighteen (18) months after its first meeting unless terminated earlier by the Board of County Commissioners; and WHEREAS, the Collier County Revenue Commission has accomplished its goal of evaluating sources of revenue for various capital improvement programs and has submitted its final report to the Board of County Commissioners. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the Collier County Revenue Commission is hereby dissolved. This Resolution adopted after motion, second and majority vote. DATED: February 24, 2004 AlTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA At',." ,A..h_'...... ~ ...... ~ I. f...$ ~. '-'HI .......! ~'" s l!lIlatur'~1,;.".. :,<. d &t: ~q...~, l>CJ By: ~ A~ ~ .Qej:pUty GI~.~ ;: .,:. DONN FIALA, Chairman \.' ~~ \, ,,'<'YJ';~~;.:~;~~~)! '/'i~'l r..f ~i"..;' "~",;; ~.'~'" ..~' "'f~ ""'''''''i "#'-h ,,'-.....1''' ~:~:" Approved ~,~ _rr{~6e'" legal sufficiency~iIlH"'l" AkL~4 david C. Weigel County Attorney It~nli* ~L DCW/kn:h;public;kay;advisoryboards !q~"ida ~.:J..~' 04 , ',;:,:.; ....----.- ~ I"".....) LJ f~ I ~;.,.\J ~~L=-9_"'T ~ f".'~ J, I ,_ . ,_' '..-' - ~i.. " ~~~~;~..,...........~ t 90 " COUNTY BOARD OF COUNTY COMMISSIONERS Writer's Direct Dial Number: 479-8580 Bob Janes District One " ~, ., $ ."'..; ~ "~ ~. ,. -; ~ f .. Douglas R. SI. Cerny 0_ District Two March 2, 2004 . . -1 Ray Judah District Three Andrew W. Coy ~. .. District Four John E. Albion Mr, Don Scott District Five Principal Planner Donald D. Stilwell Collier County Transportation Department County Manager 3301 E. Tamiami Trail James G. Yaeger Naples, FL 34112 County Attorney Diana Mo Parker RE: EXECUTION OF JOINT RESOLUTION OF SUPPORT FOR County Hearing Examiner SOUTHWEST FLORIDA EXPRESSWAY AUTHORITY BILL Dear ~i~eott: Enclosed please find two copies of the joint resolution of support for the Southwest Florida Expressway Authority bill, as approved by both the Lee and Collier County Commissions on February 24,2004. The copies have been executed by Lee County. Please have them both executed by the appropriate Collier County representatives, keep one original for your records, and return one original to me. Also attached to each resolution is a copy of the bill language approved by each Commission, and forwarded to Representative Davis. Please call me at (239) 479-8509 if you have any questions, Sincerely, DEP~~MJTOF ~~:ATION M~' ~~ ~~ :(. . David M. Loveland' Manager, Transportation Planning DML/mlb C." ,:~~": (--. <' .'..,. ;,'> -~:.; , I <:::.- ...: v,,:; ....-.> -::.,' ~ ......- ( -. ~ :J:.:",'r'i'-' --..., ~ ....4>;.. -::::--r ~:-:" -:- r--... J '/ '---, . ::r - --I ::r-, - lr:f::;. 0-::; -, ",,_' S:\DOCUMENT\LOVELAND\Xway Authority\Transmittal of Support Resolution for Execution.doc P.O, Box 398, Fort Myers, Florida 33902-0398 (239) 335-2111 @ Recycled Paper Internet address http://www.lee-county.com AN EQUAL OPPORTUNITY AFFIRMATIVE AcnON EMPLOYER _._--~_.- r9n """ MEMORANDUM Date: March 12, 2004 To: Mr. Don Scott Principal Planner Transportation Department From: Ann Jennejohn, Deputy Clerk Minutes & Records Department Re: Joint Resolution with Lee County supporting the Southwest Florida Expressway Authority Bill Please find enclosed a copy of the document as referenced above, approved by the Board on Tuesday, February 24, 2004 (Agenda Item #9D) . An original attested document was also sent to Mr, David M. Loveland, with the Transportation Planning Department of Lee County. If you should have any questions, please call me at 732-2646, ext. 7240. Thank you. Enclosure ---- .--.------ '~9D ''''"'W 4 MEMORANDUM Date: March 12, 2004 To: Mr. David M. Loveland Transportation Planning P.O. Box 398 Ft. Myers, FI 33902 From: Ann Jennejohn, Deputy Clerk Minutes & Records Department Collier County, Naples, FI 34112 Re: Joint Resolution with Lee County supporting the Southwest Florida Expressway Authority Bill Please find enclosed an original executed document as referenced above, approved by the Collier County Board of Commissioners on Tuesday, February 24, 2004. We have kept an original executed document, and a copy was also sent to Mr. Don Scott of the Collier County Transportation Department. If you should have any questions, please call me at 732-2646, ext. 7240. Thank you. Enclosure .~-.",""".,"-..".,-_. " Collier County Resolution 2004-64 "'90 '! Lee County RESOLUTION 04-02-73 JOINT RESOLUTION OF THE LEE COUNTY AND COLLIER COUNTY BOARDS OF COUNTY COMMISSIONERS IN SUPPORT OF THE SOUTHWEST FLORIDA EXPRESSWAY AUTHORITY BILL WHEREAS, Lee and Collier County ("the Counties") are concerned that the six-Ianing of Interstate 75 within the two Counties as currently programmed by the Florida Department of Transportation in the next four to six years will not be adequate to address expected travel demands on the corridor; and, WHEREAS, the Counties are interested in working together towards establishing additional lanes on Interstate 75 beyond the six-laning, progressing toward the ultimate improvements as identified in the 2003 Interstate 75 Project Development & Environmental Study; and, WHEREAS, the Counties would like to have the additional lanes move forward in conjunction with the six-Ianing effort if possible; and, WHEREAS, the Counties feel that the establishment of a Southwest Florida Expressway Authority, as outlined in draft legislation prepared by Representative Mike Davis, would be a viable means to pursue the additional lanes on Interstate 75 in a timely fashion; and, WHEREAS, the Counties recognize that changes and adjustments to the proposed House bill language may likely occur during the adoption process, but their support of the bill is contingent on certain key protections that are currently written into the bill remaining and becoming part of the adopted law; NOW THEREFORE, BE IT RESOLVED, by the Board of County Commissioners of Lee County, Florida, and the Board of County Commissioners of Collier County, Florida, that: The Counties jointly support an establishment of the Southwest Florida Expressway Authority through Legislative action, provided that the following essential issues remain in the bill and become law: 1. LIMIT A nON fO 1-75 - The Authority shall be limited to the pursuit of expressway lanes on Interstate 75, including but not limited to a tolled expressway, and appurtenant facilities within Lee and Collier Counties (and potentially in Charlotte County in the future), and that focus cannot be expanded to any other projects without resolutions of support from the Lee and Collier County Commissions, 2. MEMBERSHIP MIX - The governing body shall initially consist of seven voting members and one non-voting member, with the potential for future expansion to include Charlotte County representation, as follows: VOTING MEMBERS: . One Lee County Commissioner and one Collier County Commissioner, as selected by the respective County Commissions. . One Lee County citizen and one Collier County citizen, as appointed by the respective County Commissions. . One Lee County citizen and one Collier County citizen, as appointed by the Governor from a list of five candidates submitted by each County Commission. . The Executive Director of the Southwest Florida Regional Planning Council. CO#l 2-24-04 C:\tempVoint BOCC Support for Expressway Authority Bill.doc ,...- _.~.- '90 " NON-VOTING MEMBER: . The FDOT District One Secretary, 3. LOCAL APPROV AL REQUIRED a) Any proposed project of the Authority must be in the long-range transportation plan of the affected Counties; b) The Authority can not proceed with the PD&E Study for any proposed project without a vote of approval from the affected County Commissions; and c) The act creating the Authority will not take effect until resolutions of support (separate from this resolution) are adopted by the Lee and Collier County Commissions subsequent to passage by the Legislature. 4. SUNSET PROVISION - The Authority's powers and duties shall sunset after twelve years if it has no outstanding indebtedness, has no studies underway, has no design underway, has no projects under construction, and is not operating or maintaining any part of the system it was established to create. PASSED AND DULY ADOPTED, on this 24th day of February, 2004, CHARLIE GREEN, BOARD OF COUNTY COMMISSIONERS LEE CLERK OF COURTS LEE COUNTY, FLORIDA . i- f2t0~ ~~ ~ ........:.~"'i perk .--... 1 . ,~ 1- - (\ "I.. '-..""', " -=-.~~~~) .e-." n:':J~~/p' 11 APPRO ED AS TO~: t:.:J.~'" '.'::;(;':' r -..:~- " . I 'f'~ l r ~;~:.; ; 'D ~: <~ By" , ~ Q..,.jC.. i ...L .,.:.. ,,",-,..I : ~ t,j . ",'~ Lee County Attorney's Office (' . 'i .... ... ;" ' \. ~ _~ . ... If.,,'" , 'I ~~ . . . '. ,JtOt.l) " t t '(,;+- "-~/!f." . . <i: ." ~.~~~... '. '..ro It t.O: ll~1ir $~ 5W'.'m &c ~\~ B .~ IG' ~, , \'\.,~~ :'~-pER c"L;e;~OF COURTS I >OJ. .c > \ , ~':>.... -. C"...... J ,..~ .: 'r \ 1 \ t f I '~. . ... -;'~.: ' .... . '.' ::"\.o! _.. tI'( ,I. ~~~.:'" Bt:~~~~C Chairman . '~ ;"$.~ 9't1tur. ~ o.tl' '. ..... S "" ,. .... ., , ," I . ~ ~' -', -', "- By Item# q D ~;~~da a J<f-o~ Dat~ 3 -I J -(') ~ Reed C:\temp\Joint Bacc Support for Expressway Authority Bill.doc ~~ Deputy CI - . -.-----.... ""^- ._~ _N_. --_.. , , 90 ; 4 DRAFT Submitted to House Bill Drafting 1-3-04, as revised by Lee County Staff 2-10-04 (Additions in double-underline; deletions in strike-through) 1 A bill to be entitled 2 An act relating to Southwest Florida transportation; creating Part X of Ch, 348, F.S., consisting of ss. 348,993,348,9931, 348.9932,348.9933, 348,9934,348,9935,348.9936,348.9937, 348.9938,348,9939,348.994,348.9941,348.9942, 348,9943, 348.9944, 348,9945, and 348.9946, titled "Southwest Florida 8 Expressway Authority"; providing a popular name; 9 providing definitions; creating the Southwest Florida 10 Expressway Authority; providing for a governing body 11 of the authority; providing for membership; providing 12 purposes and powers; providing for the Southwest Florida 13 Expressway System; providing for procurement; 14 providing bond financing authority for improvements; 15 providing for bonds of the authority; providing for fiscal 16 agents; providing the State Board of Adniinistration may 17 act as fiscal agent; providing for certain financial 18 agreements; providing for rights and remedies of 19 bondholders; providing for lease-purchase agreement with 20 the Department of Transportation; providing the department 21 may be appointed agent of authority for construction; 22 providing for acquisition of lands and property; providing 23 for cooperation with other units, boards, agencies, and 24 individuals; providing covenant of the state; providing 25 for exemption from taxation; providing for eligibility for 26 investments and security; providing pledges enforceable by 27 bondholders; providing for construction and application; 28 amending ss. 349.02, 349,04, 349,05, 349,06, 349,07, 29 349,08,349,10,349.11,349.12,349,13,349.14,349.15, 30 349.17, and 349,21, F,S.; correcting references; providing 31 for an appropriation; providing an effective date, 32 33 Be It Enacted by the Legislature of the State of Florida: 34 35 38 Section 1, Part II of chapter 348, Florida Statutes, 39 consisting of sections creating Part X ofCh, 348, F,S" consisting ofss. 348,993, 348,9931, 348.9932,348.9933,348.9934,348,9935, 348,9936, 348.9937, 348.9938, 348.9939, 348,994, 348,9941,348,9942,348,9943,348.9944,348,9945, and 348,9946, is created to read: 42 Part X Southwest Florida Expressway Authority I 43 348,993 Popular name.-- This part shall be known and may be 1 --+~_.__.+_.._. . .",._,,~ __~"~_.m ....__. _"_n,, "90 ~~' ;f 44 referred to by the popular name the "Southwest Florida 45 Expressway Authority Law." 46 348,9931 Definitions,-- The following terms, whenever used or 47 referred to in this law, shall have the following meanings, 48 except in those instances where the context clearly indicates 49 otherwise: 50 (1) The term "agency of the state" means and includes the 51 state and any department of, or corporation, agency, or 52 instrumentality heretofore or hereafter created, designated, or 53 established by, the state. 54 (2) The term "authority" means the body politic and 55 corporate, and agency of the state, created by this part. 56 (3) The term "bonds" means and includes the notes, bonds, 57 refunding bonds, or other evidences of indebtedness or 58 obligations, in either temporary or definitive form, which the 59 authority is authorized to issue pursuant to this part, 60 (4) The term "county" means the Counties of Collier and 61 Lee. 62 (5) "DBOM contract" means the document and all concomitant 63 rights approved by the authority providing the selected person 64 or entity the exclusive right to design, build, operate, and 65 maintain the Southwest Florida Transportation System. 66 (6) "DBOM & F contract" means the document and all 67 concomitant rights approved by the authority providing the 68 selected person or entity the exclusive right to design, build, 69 operate, maintain, and finance all or a portion of the Southwest 70 Florida Transportation System, 71 (7) The term "department" means the Department of 72 Transportation existing under chapters 334-339, 73 (8) The term "expressway" is the same as limited access 74 expressway. 75 (9) The term "federal agency" means and includes the 76 United States, the President of the United States, or any 77 department of, or corporation, agency, or instrumentality 78 heretofore or hereafter created, designated, or established by, 79 the United States, 80 (10) The term "lease-purchase agreement" means the lease- 81 purchase agreements which the authority is authorized pursuant 82 to this part to enter into with the Department of 83 Transportation, 84 (11) The term "limited access expressway" means a street 85 or highway especially designed for through traffic and over, 86 from, or to which no person shall have the right of easement, 87 use, or access except in accordance with the rules and 2 O'."_,~___,___ -_...~ --'''''-'-~'-~---'-'"~'--- ... 90 C'. . /!"t31 88 regulations promulgated and established by the authority for the 89 use of such facility. Such highways or streets may be parkways, 90 from which trucks, buses, and other commercial vehicles shall be 91 excluded, or they may be freeways open to use by all customary 92 forms of street and highway traffic, 93 (12) The term "members" means the governing body of the 94 authority, and the term "member" means one ofthe individuals 95 constituting such governing body. 96 (13) The term "system" means the Southwest Florida 97 Transportation System. 98 (14) The term "Southwest Florida Transportation System" 99 means any and all expressways and appurtenant facilities 100 thereto, including, but not limited to, all approaches, roads, 101 bridges, and avenues of access for said expressway or 102 expressways, whether tolled or non-tolled, or such other 103 facility as the authority determines or designates, 104 (15) The term "State Board of Administration" means the 105 body corporate existing under the provisions of s. 9, Art. XII 106 of the State Constitution, or any successor thereto. (16) "Proposed project" means a facility which, if constructed, will become part ofthe Southwest Florida Transportation System and it shall identify the general corridor, and alignment of the facility and its limits. Further, it shall mean a project or projects which are in the long-range transportation plan of Lee County or Collier County, or both, if the proposed project is to be located in both counties. If a proposed project is in more than one of these counties, it must be included in the long-range transportation plan of each county in which it is located, 107 (17) Words importing singular number include the plural 108 number in each case and vice versa, and words importing persons 109 include firms and corporations, 110 348,9932 Southwest Florida Expressway Authority,-- 111 (1 ) There is hereby created and established a body politic 112 and corporate, an agency of the state, to be known as the 113 Southwest Florida Expressway Authority," hereinafter 114 referred to as the "authority," encompassing Collier and Lee 115 Counties. 116 (2) The governing body of the authority shall consist of 117 seven voting members and one non-voting member, as set forth in this paragraph. There 118 shall be three voting members each from Collier County and Lee County, each of whom 119 shall be a permanent resident of the county from which they come during the entire 120 term. One of the three members from each county shall be 121 appointed by the Governor. from a list of five candidates submitted bv the respective Countv Commissions, The Board of County Commissioners from Collier County shall appoint a Collier County resident and the Board of County Commissioners from Lee County shall appoint a Lee County resident. Each appointed member of the I 3 -,-,--_..._._._------~_.~--""...-." """0- ~-_.,'- ____,_....--,__.,..< .'-_-0_,.-- ---- --.- '9D 122 authority shall be a person of outstanding reputation for 123 integrity, responsibility, and business ability and shall have an interest in ground transportation, No elected official whomsoever and no person 124 who is an employee of Collier County or Lee County or of any 125 city within Collier County or Lee County in any capacity 126 except as set forth herein shall be an appointed member of the 127 authority, The term of each member appointed by the Governor and respective county 128 commissions shall be for 4 years. Each appointed member shall hold office 129 until his or her successor has been appointed and has qualified, 130 A vacancy occurring during a term shall be filled only for the 131 balance of the unexpired term. The third member from each county 132 shall be a member of that county's commission, shall be selected 133 by the members of the county commission, and shall serve 134 for a term of two years, Each commissioner must 135 be a member of the county commission when selected and for the 136 full extent of the term of this selection, The seventh voting member 137 shall be the Executive Director ofthe Southwest Florida Regional Planning Council. The 138 District One Secretary of the Department of Transportation serving in the district that 139 contains Collier County and Lee County shall serve as a nonvoting ex officio member of 140 the governing bodv, Any member of the authority shall be eligible for reappointment. Ifin the future an expansion of the proiect into Charlotte County is warranted and desirable, as indicated by resolutions of support from the Southwest Florida Expressway Authority and the Lee, Collier and Charlotte County Commissions, then the governing body will be expanded to nine members, with the addition ofthree members from Charlotte County using the same appointment parameters as for the Lee and Collier County representatives, and the change of the Executive Director ofthe Southwest Florida Regional Planning Council to a nonvoting member, 141 (3)(a) The authority shall elect one of its members as 142 chair of the authority. The authority shall also elect a 143 secretary and a treasurer who mayor may not be members of the 144 authority, The chair, secretary, and treasurer shall hold such 145 offices at the will of the authority, Four members of the 146 authority shall constitute a quorum, and a vote of the majority 147 of those present shall be necessary for any action taken by the 148 authority. No vacancy in the authority shall impair the right of 149 a quorum of the authority to exercise all of the rights and 150 perform all of the duties of the authority. 151 (b) Upon the effective date of his or her appointment, or 152 as soon thereafter as practicable, each appointed member of the 153 authority shall enter upon his or her duties. 154 (4)(a) The authority may employ an executive director, its 155 own counsel and legal staff, technical experts, engineers, and 156 such employees, permanent or temporary, as it may require; may 157 determine the qualifications and fix the compensation of such 4 .-- -- --",.----...--.--.,--'" - f;i 9D I .'4 158 persons, firms, or corporations; and may employ a fiscal agent 159 or agents, The authority may delegate to one or more of its 160 agents or employees such of its power as it shall deem necessary 161 to carry out the purposes of this part, subject always to the 162 supervision and control of the authority, Members of the 163 authority may be removed from office by the Governor for 164 misconduct, malfeasance, misfeasance, or nonfeasance in office, 165 (b) Members of the authority shall be entitled to receive 166 from the authority their travel and other necessary expenses 167 incurred in connection with the business of the authority as 168 provided in s. 112,061, but they shall draw no salaries or other 169 compensation. 170 348,9933 Purposes and powers,-- 171 (1 )(a) The authority created and established by the 172 provisions of this part is hereby granted and shall have the 173 right to acquire, hold, construct, improve, maintain, operate, 174 own, and lease, in the capacity of lessor, the Southwest Florida 175 Transportation System, hereinafter referred to as the "system." 176 (b) It is the express intention of this part that said 177 authority, in the construction of said Southwest Florida 178 Transportation System, within the geographic boundaries of 179 Collier and Lee Counties, is limited to the pursuit of tolled expressway lanes on Interstate Highway 75 within these counties. Further, the authority shall be authorized to construct 180 any extensions, additions, or improvements to said system or 181 appurtenant facilities, including all necessary approaches, 182 roads, bridges, and avenues of access, with such changes, 183 modifications, or revisions of said project as shall be deemed 184 desirable and proper. with the concurrence of the respective County Commissions. The responsibilities of the authority will not be expanded to cover any other proiects beyond I- 75 toll lanes and appurtenant facilities unless resolutions in support of such expansion or other proiect are adopted by the Lee and Collier County Commissions, 185 (2) The authority is hereby granted and shall have and may 186 exercise all powers necessary, appurtenant, convenient, or 187 incidental to the carrying out of the aforesaid purposes, 188 including, but not limited to, the following rights and powers: 189 (a) To sue and be sued, implead and be impleaded, 190 complain, and defend in all courts, 191 (b) To adopt, use, and alter at will a corporate seal. 192 (c) To acquire by donation or otherwise, purchase, hold, 193 lease as lessee, and use any franchise or property, real, 194 personal, or mixed, tangible or intangible, or any options 195 thereof in its own name or in conjunction with others, or 196 interest therein, necessary or desirable for carrying out the 197 purposes ofthe authority, and to sell, lease as lessor, 5 .._-~---_._-_._-"". ~.'--" . - --"-"'-'---'---'~"'-"--'--' _... ..---- ~ 9n 198 transfer, and dispose of any property or interest therein at any 199 time acquired by it, 200 (d) To enter into and make leases for terms it deems 201 necessary, as either lessee or lessor, in order to carry out the 202 right to lease as set forth in this part, 203 (e) To enter into and make lease-purchase agreements with 204 the department for terms it deems necessary or until any bonds 205 secured by a pledge of rentals thereunder, and any refundings 206 thereof, are fully paid as to both principal and interest, 207 whichever is longer, 208 (f) To fix, alter, charge, establish, and collect rates, 209 fees, rentals, and other charges for the services and facilities 210 of the Southwest Florida Transportation System, which rates, 211 fees, rentals, and other charges shall always be sufficient to 212 comply with any covenants made with the holders of any bonds 213 issued pursuant to this part; provided, however, that such right 214 and power may be assigned or delegated, by the authority, to the 215 department. 216 , (g) To borrow money and make and issue negotiable notes, 217 bonds, refunding bonds, and other evidences of indebtedness or 218 obligations, either in temporary or definitive form, hereinafter 219 in this part sometimes called "bonds" ofthe authority, for the 220 purpose of financing all or part of the improvement or extension 221 of the Southwest Florida Transportation System and appurtenant 222 facilities, including all approaches, streets, roads, bridges, 223 and avenues of access for said Southwest Florida Transportation 224 System, and for any other purpose authorized by this part; to 225 secure the payment of such bonds or any part thereof by a pledge 226 of any or all of its revenues, rates, fees, rentals, or other 227 charges; and in general to provide for the security of said 228 bonds and the rights and remedies of the holders thereof. The 229 authority may enter into an agreement between the authority and 230 one or more counties for the pledge of county gasoline tax 231 funds, county sales tax, or other county revenues to secure any 232 bonds issued for an authority project as authorized hereunder. 233 In the event the authority shall determine to fund or refund any 234 bonds theretofore issued by said authority, prior to the 235 maturity thereof, the proceeds of such funding or refunding 236 bonds shall, pending the prior redemption of the bonds to be 237 funded or refunded, be invested in direct obligations of the 238 United States, and it is the express intention of this part that 239 such outstanding bonds may be funded or refunded by the issuance 240 of bonds pursuant to this part, 241 (h) To make contracts of every name and nature, including, 6 ~....._'+_._.n",____~" ".~'-'~'-"'""""-'~-"'-" ~""'"" - :~9D 242 but not limited to, partnerships providing for participation in 243 ownership and revenues, and to execute all instruments necessary 244 or convenient for the carrying on of its business, 245 (i) Without limitation of the foregoing, to borrow money 246 and accept grants from, and to enter into contracts, leases, or 247 other transactions with, any federal agency, the state, any 248 agency of the state, Collier County, Lee County, and any city 249 within these two counties or with any other public body of the 250 state. 251 CD To have the power of eminent domain, including the 252 procedural powers granted under chapters 73 and 74, 253 (k) To pledge, hypothecate, or otherwise encumber all or 254 any part of the revenues, rates, fees, rentals, or other charges 255 or receipts of the authority as security for all or any of the 256 obligations of the authority. 257 (1) To do all acts and things necessary or convenient for 258 the conduct of its business and the general welfare of the 259 authority in order to carry out the powers granted to it by this 260 part or any other law, 261 (m) With the consent of the county within whose 262 jurisdiction the following activities occur, to construct, 263 operate, and maintain roads, bridges, avenues of access, 264 thoroughfares, and boulevards outside the jurisdictional 265 boundaries of Collier and Lee Counties, together with the right 266 to construct, repair, replace, operate, install, and maintain 267 toll payment systems thereon, with all necessary and incidental 268 powers to accomplish the foregoing. 269 (3) The authority shall have no power at any time or in 270 any manner to pledge the credit or taxing power of the state or 271 any political subdivision or agency thereof, including Collier 272 and Lee Counties or any city within these counties, nor shall 273 any of the authority's obligations be deemed to be obligations 274 of the state or of any political subdivision or agency thereof, 275 nor shall the state or any political subdivision or agency 276 thereof, except the authority, be liable for the payment of the 277 principal of or interest on such obligations unless agreed to by 278 such entity. (4) Notwithstanding powers conferred herein, before the authority proceeds with a proposed project either the Lee or Collier County Commission must approve any proposed project for the system which may be located within the geographical boundaries of that commission's jurisdiction. A quorum must be present for a vote on approval to take place, Such approval, by a majority vote of those members present, must be obtained before the authority can proceed with the preliminary design and environmental study, 7 .--..-------.,.-, - .-,-.-.., "~._~ ~,~.""-- --".~ "'- iJt9n (5) The Authority is precluded from involvement with any future development of County Road 951. 279 348.9934 Procurement.--The authority is authorized to 280 procure commodities and the services of a qualified person or 281 entity to design, build, finance, operate, maintain, and 282 implement the Southwest Florida Transportation System, including 283 the use of a DBOM or DBOM & F method using a request for 284 proposal, a request for qualifications, or an invitation to 285 negotiate, 286 348.9935 Bond financing authority for improvements.-- 287 Pursuant to s. 11(f), Art. VII ofthe State Constitution, the 288 Legislature hereby approves for bond financing by the Southwest 289 Florida Expressway Authority improvements to toll collection 290 facilities, interchanges to the legislatively approved Regional 291 Transportation system, and any other facility appurtenant, 292 necessary, or incidental to the approved system. Subject to 293 terms and conditions of applicable revenue bond resolutions and 294 covenants, such costs may be financed in whole or in part by 295 revenue bonds issued pursuant to s, 348.755(1)(a) or (b) whether 296 currently issued or issued in the future, or by a combination of 297 such bonds, 298 348.9936 Bonds of the authority,-- 299 (1 )(a) Bonds may be issued on behalf of the authority 300 pursuant to the State Bond Act. 301 (b) Alternatively, the authority may issue its own bonds 302 pursuant to this part at such times and in such principal amount 303 as, in the opinion of the authority, is necessary to provide 304 sufficient moneys for achieving its purposes; however, such 305 bonds may not pledge the full faith and credit of the state, 306 Bonds issued by the authority pursuant to this paragraph or 307 paragraph (a), whether on original issuance or on refunding, 308 shall be authorized by resolution of the members thereof and may 309 be either term or serial bonds and shall bear such date or 310 dates, mature at such time or times, bear interest at such rate 311 or rates, payable semiannually, be in such denominations, be in 312 such form, either coupon or fully registered, carry such 313 registration, exchangeability, and interchangeability 314 privileges, be payable in such medium of payment and at such 315 place or places, be subject to such terms of redemption, and be 316 entitled to such priorities on the revenues, rates, fees, 317 rentals, or other charges or receipts of the authority, 318 including any other funds received by the authority pursuant to 319 the terms of any lease-purchase agreement between the authority 8 ,--,,-- "- _.__._"'~..~. ............--.- - f 9D ~ .j' , 320 and the department, as such resolution or any resolution 321 subsequent thereto may provide. The bonds shall be executed 322 either by manual or facsimile signature by such officers as the 323 authority shall determine, provided that such bonds shall bear 324 at least one signature which is manually executed thereon, and 325 the coupons attached to such bonds shall bear the facsimile 326 signature or signatures of such officer or officers as shall be 327 designated by the authority and shall have the seal of the 328 authority affixed, imprinted, reproduced, or lithographed 329 thereon, all as may be prescribed in such resolution or 330 resolutions. 331 (c) Bonds issued pursuant to paragraph (a) or paragraph 332 (b) shall be sold at public sale in the same manner provided by 333 the State Bond Act. However, if the authority shall, by official 334 action at a public meeting, determine that a negotiated sale of 335 such bonds is in the best interest of the authority, the 336 authority may negotiate the sale of such bonds with the 337 underwriter or underwriters designated by the authority and the 338 Division of Bond Finance of the State Board of Administration 339 with respect to bonds issued pursuant to paragraph (a) or solely 340 the authority with respect to bonds issued pursuant to paragraph 341 (b ). The authority's determination to negotiate the sale of such 342 bonds may be based, in part, upon the written advice of the 343 authority's financial adviser. Pending the preparation of 344 definitive bonds, interim certificates may be issued to the 345 purchaser or purchasers of such bonds and may contain such terms 346 and conditions as the authority may determine. 347 ( d) The authority may issue bonds pursuant to paragraph 348 (b) to refund any bonds previously issued regardless of whether 349 the bonds being refunded were issued by the authority pursuant 350 to this part or on behalf of the authority pursuant to the State 351 Bond Act. 352 (2) Any such resolution or resolutions authorizing any 353 bonds hereunder may contain provisions which shall be part of 354 the contract with the holders of such bonds, as to: 355 (a) The pledging of all or any part of the revenues, 356 rates, fees, rentals, or other charges or receipts of the 357 authority, derived by the authority, from the Southwest Florida 358 Transportation System. 359 (b) The completion, improvement, operation, extension, 360 maintenance, repair, lease, or lease-purchase agreement of said 361 system and the duties of the authority and others, including the 362 department, with reference thereto. 363 ( c) Limitations on the purposes to which the proceeds of 9 _______.______..'."0.."__ ,--.--. --.--....-.-.."..--........ "'-~- -- "-.- -....- 90 .~, 364 the bonds, then or thereafter to be issued, or of any loan or 365 grant by the United States or the state may be applied. 366 (d) The fixing, charging, establishing, and collecting of 367 rates, fees, rentals, or other charges for use of the services 368 and facilities of the Southwest Florida Transportation System or 369 any part thereof. 370 ( e) The setting aside of reserves or sinking funds or 371 repair and replacement funds and the regulation and disposition 372 thereof. 373 (f) Limitations on the issuance of additional bonds, 374 (g) The terms and provisions of any lease-purchase 375 agreement, deed of trust, or indenture securing the bonds or 376 under which the same may be issued, 377 (h) Any other or additional agreements with the holders of 378 the bonds which the authority may deem desirable and proper. 379 (3) The authority may employ fiscal agents as provided by 380 this part, or the State Board of Administration may, upon 381 request of the authority, act as fiscal agent for the authority 382 in the issuance of any bonds which may be issued pursuant to 383 this part, and the State Board of Administration may, upon 384 request of the authority, take over the management, control, 385 administration, custody, and payment of any or all debt services 386 or funds or assets now or hereafter available for any bonds 387 issued pursuant to this part. The authority may enter into any 388 deeds of trust, indentures, or other agreements with its fiscal 389 agent, or with any bank or trust company within or without the 390 state, as security for such bonds and may, under such 391 agreements, sign and pledge all or any of the revenues, rates, 392 fees, rentals, or other charges or receipts of the authority. 393 Such deed of trust, indenture, or other agreement may contain 394 such provisions as are customary in such instruments or, as the 395 authority may authorize, including, but without limitation, 396 provisions as to: 397 (a) The completion, improvement, operation, extension, 398 maintenance, repair, and lease of, or lease-purchase agreement 399 relating to, the Southwest Florida Transportation System and the 400 duties of the authority and others, including the department, 401 with reference thereto, 402 (b) The application of funds and the safeguarding of funds 403 on hand or on deposit. 404 ( c) The rights and remedies of the trustee and the holders 405 of the bonds. 406 (d) The terms and provisions of the bonds or the 407 resolutions authorizing the issuance of same. 10 ----~._.._~ ..-.---...---- "-- _._~-... --- --- f"'9n 'ty' 408 (4) Any of the bonds issued pursuant to this part are, and 409 are hereby declared to be, negotiable instruments and shall have 410 all the qualities and incidents of negotiable instruments under 411 the law merchant and the negotiable instruments law of the 412 state, 413 (5) Notwithstanding any of the provisions of this part, 414 each project, building, or facility which has been financed by 415 the issuance of bonds or other evidence of indebtedness under 416 this part and any refinancing thereof is hereby approved as 417 provided for in s, 11(f), Art. VII of the State Constitution. 418 348,9937 Remedies ofthe bondholders,-- 419 (1 ) The rights and the remedies herein conferred upon or 420 granted to the bondholaers shall be in addition to and not in 421 limitation of any rights and remedies lawfully granted to such 422 bondholders by the resolution or resolutions providing for the 423 issuance of bonds, or by a lease-purchase agreement, deed of 424 trust, indenture, or other agreement under which the bonds may 425 be issued or secured, In the event that the authority shall 426 default in the payment of the principal of or interest on any of 427 the bonds issued pursuant to the provisions of this part after 428 such principal of or interest on said bonds shall have become 429 due, whether at maturity or upon call for redemption, or the 430 department shall default in any payments under, or covenants 431 made in, any lease-purchase agreement between the authority and 432 the department, and such default shall continue for a period of 433 30 days, or in the event that the authority or the department 434 shall fail or refuse to comply with the provisions of this part 435 or any agreement made with, or for the benefit of, the holders 436 of the bonds, the holders of 25 percent in aggregate principal 437 amount of the bonds then outstanding shall be entitled as of 438 right to the appointment of a trustee to represent such 439 bondholders for the purposes hereof; provided, however, that 440 such holders of 25 percent in aggregate principal amount of the 441 bonds then outstanding shall have first given notice of their 442 intention to appoint a trustee, to the authority and to the 443 department. Such notice shall be deemed to have been given if 444 given in writing, deposited in a securely sealed postpaid 445 wrapper, mailed at a regularly maintained United States post 446 office box or station, and addressed, respectively, to the chair 447 of the authority and to the secretary of the Department of 448 Transportation at the principal office of the department. 449 (2) Such trustee, and any trustee under any deed of trust, 450 indenture, or other agreement, may, and upon written request of 451 the holders of 25 percent, or such other percentages as may be 11 -_..'~-- ._.'--'-,,~--_. -.---. -"",._,."._.~.~".. ____._._~__M." ____~...".__._ ._~_ /"'9n 452 specified in any deed of trust, indenture, or other agreement 453 aforesaid, in principal amount of the bonds then outstanding, 454 shall, in any court of competent jurisdiction, in his, her, or 455 its own name: 456 (a) By mandamus or other suit, action, or proceeding at 457 law or in equity, enforce all rights of the bondholders, 458 including the right to require the authority to fix, establish, 459 maintain, collect, and charge rates, fees, rentals, and other 460 charges, adequate to carry out any agreement as to, or pledge 461 of, the revenues or receipts of the authority to carry out any 462 other covenants and agreements with or for the benefit of the 463 bondholders, and to perform its and their duties under this 464 part, 465 (b) By mandamus or other suit, action, or proceeding at 466 law or in equity, enforce all rights of the bondholders under or 467 pursuant to any lease-purchase agreement between the authority 468 and the department, including the right to require the 469 department to make all rental payments required to be made by it 470 under the provisions of any such lease-purchase agreement, and 471 to require the department to carry out any other covenants and 472 agreements with or for the benefit of the bondholders, and to 473 perform its and their duties under this part, 474 ( c) Bring suit upon the bonds, 475 (d) By action or suit in equity, require the authority or 476 the department to account as if it were the trustee of an 477 express trust for the bondholders. 478 (e) By action or suit in equity, enjoin any acts or things 479 which may be unlawful or in violation of the rights of the 480 bondholders. 481 (3) Any trustee, when appointed as aforesaid or acting 482 under a deed of trust, indenture, or other agreement, and 483 whether or not all bonds have been declared due and payable, 484 shall be entitled as of right to the appointment of a receiver, 485 who may enter upon and take possession of the Southwest Florida 486 Transportation System or the facilities or any part or parts 487 thereof, the rates, fees, rentals, or other revenues, charges, 488 or receipts from which are, or may be, applicable to the payment 489 of the bonds so in default, and subject to and in compliance 490 with the provisions of any lease-purchase agreement between the 491 authority and the department operate and maintain the same, for 492 and on behalf of and in the name of, the authority, the 493 department, and the bondholders, and collect and receive all 494 rates, fees, rentals, and other charges or receipts or revenues 495 arising therefrom in the same manner as the authority or the 12 ..'_.. - .~-. ^-~--",.._-.._...,-...,,"._- , .""'._.w_.."___.." '~.~_.._----~._,..,,, ~._" -~--- ..___u___.....___ ~9n ",..1 496 department might do, and shall deposit all such moneys in a 497 separate account and apply the same in such manner as the court 498 shall direct, In any suit, action, or proceeding by the trustee, 499 the fees, counsel fees, and expenses of the trustee, and said 500 receiver, if any, and all costs and disbursements allowed by the 501 court shall be a first charge on any rates, fees, rentals, or 502 other charges, revenues, or receipts derived from the Southwest 503 Florida Transportation System, or the facilities or services or 504 any part or parts thereof, including payments under any such 505 lease-purchase agreement as aforesaid which said rates, fees, 506 rentals, or other charges, revenues, or receipts shall or may be 507 applicable to the payment of the bonds so in default. Such 508 trustee shall, in addition to the foregoing, have and possess 509 all of the powers necessary or appropriate for the exercise of 510 any functions specifically set forth herein or incident to the 511 representation of the bondholders in the enforcement and . 512 protection of their rights. 513 (4) Nothing in this section or any other section of this 514 part shall authorize any receiver appointed pursuant hereto for 515 the purpose, subject to and in compliance with the provisions of 516 any lease-purchase agreement between the authority and the 517 department, of operating and maintaining the Southwest Florida 518 Transportation System or any facilities or part or parts thereof 519 to sell, assign, mortgage, or otherwise dispose of any of the 520 assets of whatever kind and character belonging to the 521 authority, It is the intention of this part to limit the powers 522 of such receiver, subject to and in compliance with the 523 provisions of any lease-purchase agreement between the authority 524 and the department, to the operation and maintenance of the 525 Southwest Florida Transportation System, or any facility or part 526 or parts thereof, as the court may direct, in the name and for 527 and on behalf of the authority, the department, and the 528 bondholders, and no holder of bonds on the authority nor any 529 trustee shall ever have the right in any suit, action, or 530 proceeding at law or in equity to compel a receiver, nor shall 531 any receiver be authorized or any court be empowered to direct. 532 the receiver to sell, assign, mortgage, or otherwise dispose of 533 any assets of whatever kind or character belonging to the 534 authority, 535 348.9938 Lease-purchase agreement,-- 536 ( 1 ) In order to effectuate the purposes of this part and 537 as authorized by this part, the authority may enter into a 538 lease-purchase agreement with the department relating to and 539 covering the Southwest Florida Transportation System. 13 . ._-~~~,,-- '" "---'--- ~~-,~ ~"._. . ~'.. --- "9 - '-',.,;" 540 (2) Such lease-purchase agreement shall provide for the n 541 leasing of the Southwest Florida Transportation System by the 542 authority, as lessor, to the department, as lessee; shall 543 prescribe the term of such lease and the rentals to be paid 544 thereunder; and shall provide that upon the completion of the 545 faithful performance thereunder and the termination of such 546 lease-purchase agreement, title in fee simple absolute to the 547 Southwest Florida Transportation System as then constituted 548 shall be transferred in accordance with law by the authority to 549 the state and the authority shall deliver to the department such 550 deeds and conveyances as shall be necessary or convenient to 551 vest title in fee simple absolute in the state, 552 (3) Such lease-purchase agreement may include such other 553 provisions, agreements, and covenants as the authority and the 554 department deem advisable or required, including, but not 555 limited to, provisions as to the bonds to be issued under, and 556 for the purposes of, this part; the completion, extension, 557 improvement, operation, and maintenance of the Southwest Florida 558 Transportation System and the expenses and the cost of operation 559 of said authority; the charging and collection of tolls, rates, 560 fees, and other charges for the use of the services and 561 facilities thereof; the application of federal or state grants 562 or aid which may be made or given to assist the authority in the 563 completion, extension, improvement, operation, and maintenance 564 of the Southwest Florida Transportation System, which the 565 authority is hereby authorized to accept and apply to such 566 purposes; the enforcement of payment and collection of rentals; 567 and any other terms, provisions, or covenants necessary, 568 incidental, or appurtenant to the making of and full performance 569 under such lease-purchase agreement. 570 (4) The department, as lessee under such lease-purchase 571 agreement, is hereby authorized to pay as rentals thereunder any 572 rates, fees, charges, funds, moneys, receipts, or income 573 accruing to the department from the operation of the Southwest 574 Florida Transportation System and may also pay as rentals any 575 appropriations received by the department pursuant to any act of 576 the Legislature of the state heretofore or hereafter enacted; 577 provided, however, that nothing herein nor in such lease- 578 purchase agreement is intended to nor shall this part or such 579 lease-purchase agreement require the making or continuance of 580 such appropriations, nor shall any holder of bonds issued 581 pursuant to this part ever have any right to compel the making 582 or continuance of such appropriations, 583 (5) Said department shall have power to covenant in any 14 ----...-- --.-. -- ".._~ ~_..<.~- .. _...__._ __~_._'",.___."m~_~_"_ ---- ""9n 584 lease-purchase agreement that it will pay all or any part of the 585 cost of the operation, maintenance, repair, renewal, and 586 replacement of said system, and any part of the cost of 587 completing said system to the extent that the proceeds of bonds 588 issued therefor are insufficient, from sources other than the 589 revenues derived from the operation of said system, Said 590 department may also agree to make such other payments from any 591 moneys available to said commission, said county, or said city 592 in connection with the construction or completion of said system 593 as shall be deemed by said department to be fair and proper 594 under any such covenants heretofore or hereafter entered into. 595 (6) Said system shall be a part of the state road system 596 and said department is hereby authorized, upon the request of 597 the authority, to expend out of any funds available for the 598 purpose such moneys, and to use such of its engineering and 599 other forces, as may be necessary and desirable in the judgment 600 of said department, for the operation of said authority and for 601 traffic surveys, borings, surveys, preparation of plans and 602 specifications, estimates of cost and other preliminary 603 engineering, and other studies, 604 348,9939 Department may be appointed agent of authority for 605 construction,-- The department may be appointed by said authority 606 as its agent for the purpose of constructing improvements and 607 extensions to the Southwest Florida Transportation System and 608 for the completion thereof, In such event, the authority shall 609 provide the department with complete copies of all documents, 610 agreements, resolutions, contracts, and instruments relating 611 thereto and shall request the department to do such construction 612 work including the planning, surveying, and actual construction 613 of the completion, extensions, and improvements to the Southwest 614 Florida Transportation System and shall transfer to the credit 615 of an account of the department in the treasury of the state the 616 necessary funds therefor, and the department shall thereupon be 617 authorized, empowered, and directed to proceed with such 618 construction and to use the said funds for such purpose in the 619 same manner that it is now authorized to use the funds otherwise 620 provided by law for its use in construction of roads and 621 bridges. 622 348,994 Acquisition of lands and property.-- 623 (1) For the purposes of this part, the Southwest Florida 624 Expressway Authority may acquire private or public property 625 and property rights, including rights of access, air, view, and 626 light, by gift, devise, purchase, or condemnation by eminent 627 domain proceedings, as the authority may deem necessary for any 15 ..' ,--, .----.',.---.,,--.. o______..",.~._,,_.,~,_ ....-.-,-." --., '--.- "-- /1" 9 rj ". '\tt'l~jj 628 of the purposes of this part, including, but not limited to, any 629 lands reasonably necessary for securing applicable permits, 630 areas necessary for management of access, borrow pits, drainage 631 ditches, water retention areas, rest areas, replacement access 632 for landowners whose access is impaired due to the construction 633 of a facility, and replacement rights-of-way for relocated rail 634 and utility facilities; for existing, proposed, or anticipated 635 transportation facilities on the Southwest Florida 636 Transportation System or in a transportation corridor designated 637 by the authority. The authority shall also have the power to condemn 640 any material and property necessary for such purposes, 641 (2) The right of eminent domain herein conferred shall be 642 exercised by the authority in the manner provided by law. 643 (3) When the authority acquires property for a 644 transportation facility or in a transportation corridor, it is 645 not subject to any liability imposed by chapter 376 or chapter 646 403 for preexisting soil or groundwater contamination due solely 647 to its ownership. This section does not affect the rights or 648 liabilities of any past or future owners of the acquired 649 property, nor does it affect the liability of any governmental 650 entity for the results of its actions which create or exacerbate 651 a pollution source. The authority and the Department of 652 Environmental Protection may enter into interagency agreements 653 for the performance, funding, and reimbursement of the 654 investigative and remedial acts necessary for property acquired 655 by the authority. 656 348,9941 Cooperation with other units, boards, agencies, and 657 individuals.--Express authority and power is hereby given and 658 granted any county, municipality, drainage district, road and 659 bridge district, school district, or any other political 660 subdivision, board, commission, or individual in, or of, the 661 state to make and enter into with the authority contracts, 662 leases, conveyances, partnerships, or other agreements within 663 the provisions and purposes of this part. The authority is 664 hereby expressly authorized to make and enter into contracts, 665 leases, conveyances, partnerships, and other agreements with any 666 political subdivision, agency, or instrumentality of the state 667 and any and all federal agencies, corporations, and individuals 668 for the purpose of carrying out the provisions of this part. 669 348,9942 Covenant of the state.--The state does hereby 670 pledge to and agrees with any person, firm, corporation, or 671 federal or state agency subscribing to or acquiring the bonds to 672 be issued by the authority for the purposes of this part that 673 the state will not limit or alter the rights hereby vested in 16 _.~.._..,'--" .--.---- "'--'--~-,-- __''''W'' '....." --_._-,-''"--~.- _._-~- ---^-. -'-'-' -- .., "'9n 674 the authority and the department until all bonds at any time 675 issued, together with the interest thereon, are fully paid and 676 discharged insofar as the same affects the rights of the holders 677 of bonds issued hereunder. The state does further pledge to and 678 agree with the United States that in the event any federal 679 agency shall construct or contribute any funds for the 680 completion, extension, or improvement of the Southwest Florida 681 Transportation System, or any part or portion thereof, the state 682 will not alter or limit the rights and powers of the authority 683 and the department in any manner which would be inconsistent 684 with the continued maintenance and operation of the Southwest 685 Florida Transportation System or the completion, extension, or 686 improvement thereof or which would be inconsistent with the due 687 performance of any agreements between the authority and any such 688 federal agency, and the authority and the department shall 689 continue to have and may exercise all powers herein granted, so 690 long as the same shall be necessary or desirable for the 691 carrying out of the purposes of this part and the purposes of 692 the United States in the completion, extension, or improvement 693 of the Southwest Florida Transportation System or any part or 694 portion thereof. 695 348,9943 Exemption from taxation.--The effectuation of the 696 authorized purposes of the authority created under this part is, 697 shall, and will be in all respects for the benefit of the people 698 of the state, for the increase of their commerce and prosperity, 699 and for the improvement of their health and living conditions, 700 and since such authority will be performing essential 701 governmental functions in effectuating such purposes, such 702 authority shall not be required to pay any taxes or assessments 703 of any kind or nature whatsoever upon any property acquired or 704 used by it for such purposes, or upon any rates, fees, rentals, 705 receipts, income, or charges at any time received by it, and the 706 bonds issued by the authority, their transfer, and the income 707 therefrom, including any profits made on the sale thereof, shall 708 at all times be free from taxation of any kind by the state, or 709 by any political subdivision, taxing agency, or instrumentality 710 thereof, The exemption granted by this section shall not be 711 applicable to any tax imposed by chapter 220 on interest, 712 income, or profits on debt obligations owned by corporations. 713 348.9944 Eligibility for investments and security,--Any 714 bonds or other obligations issued pursuant to this part shall be 715 and constitute legal investments for banks, savings banks, 716 trustees, executors, administrators, and all other fiduciaries 717 and for all state, municipal, and other public funds and shall 17 ----,.-..- -.,...--.-- ~,,~._.. -.~"..'-- -><.....- ,~,-_..,., --->'-'-'-"-"-"-, ..~._, ......"....'..---- ~- - ~. 90 718 also be and constitute securities eligible for deposit as 719 security for all state, municipal, or other public funds, 720 notwithstanding the provisions of any other law or laws to the 721 contrary . 722 348.9945 Pledges enforceable by bondholders.--It is the 723 express intention of this part that any pledge by the department 724 of rates, fees, revenues, or other funds, as rentals, to the 725 authority, or any covenants or agreements relative thereto, may 726 be enforceable in any court of competent jurisdiction against 727 the authority or directly against the department by any holder 728 of bonds issued by the authority. 729 348,9946 This part complete and additional authority.-- 730 (1 ) The powers conferred by this part shall be in addition 731 and supplemental to the existing powers of said board and the 732 department, and this part shall not be construed as repealing 733 any of the provisions of any other law, general, special or 734 local, but to supersede such other laws in the exercise of the 735 powers provided in this part and to provide a complete method 736 for the exercise of the powers granted in this part, The 737 extension and improvement of said Southwest Florida 738 Transportation System, and the issuance of bonds hereunder to 739 finance all or part of the cost thereof, may be accomplished 740 upon compliance with the provisions of this part without regard 741 to or necessity for compliance with the provisions, limitations, 742 or restrictions contained in any other general, special, or 743 local law, including, but not limited to, s. 215.821, and no 744 approval of any bonds issued under this part by the qualified 745 electors or qualified electors who are freeholders in the state 746 or in said Collier County or Lee County, or in any city within 747 these two counties, or in any other political subdivision of the 748 state, shall be required for the issuance of such bonds pursuant 749 to this part, 750 (2) This part shall not be deemed to repeal, rescind, or 751 modify any other law or laws relating to said State Board of 752 Administration, said Department of Transportation, or the 753 Division of Bond Finance of the State Board of Administration 754 but shall be deemed to and shall supersede such other law or 755 laws as are inconsistent with the provisions of this part, 756 including, but not limited to, s, 215.821. Section 3. Sunset of the authority's duties and powers--The powers conferred to this authority and the statutory establishment of the authority shall sunset twelve years after the enactment ofthis part if the authority has no outstanding indebtedness, has no studies underway, 18 "'.--...----.- ._-,-,,~"_.__..,.._- --'~--"_.'- r - 90 , no design underway, no projects under construction and is not operating or maintaining any part of the system it was established to create. 1248 Section 4. Notwithstanding the provisions of s. 338.251, 1249 Florida Statutes, there is hereby appropriated the sum of $2,5 1250 million to initially fund the Southwest Florida Transportation 1251 System. Also, notwithstanding the provisions of s. 338.251, 1252 Florida Statutes, all or a portion of this appropriation may be 1253 used for administrative and other startup costs of the authority 1254 and system including, but not limited to, the hiring of an 1255 executive director, consultants, and staff. 1256 Section 5, This act shall take effect upon resolutions in support ofthis act being passed by both the Lee County Board of County Commissioners and the Collier County Board of County Commissioners, but no sooner than July 1, 2004 in the event the boards pass their resolutions prior to this date, 19 .__H~___"_. .-".-.. - ".~---- --_..-- 10d -, MEMORANDUM Date: February 25, 2004 To: Greg Strakaluse Transportation Engineer From: Linda A. Houtzer, Deputy Clerk Minutes & Records Department Re: Wentworth Development Agreement Enclosed please find one original document as referenced above (Agenda Item #10B), as approved by the Board of County Commissioners on February 24, 2004. An original has also been kept on file in our office for the Official Record, If you should have any questions, please call me at 774-8411. Thank you. Enclosure t;:.:- \\'>' ,. , ~_ __'_W. .__,~_~ --~_.~._.- "'- ". . L,..' 108 \0 WENTWORTH ESTATES PUD DEVELOPMENT AGREEMENT No. 2004 - TR- tJd........n~ THIS DEVELOPMENT AGREEMENT (hereinafter referred to as "Agreement") .... Zl t:'" R> -B .... tJId C""'t" -,..= is made and entered Into this 24 th day of February , 2004, by and between V.K. ClCJo ::lD =-- .. _0 c:;o ..... ..... <7'0.....0 Development Corporation, ;r Wisconsin Corporation duly organized and authorized to >-< n..... -= conduct business in the State of Florida, hereinafter referred to herein as "Developer," - "" whose address is 19275 W. Capital Drive, Brookfield, Wisconsin 54045, by and through 0 >' -,.. Sanjay Kuttemperoor, its Executive Vice President, who has been duly authorized to execute .....= = ..... this Agreement, and THE BOARD OF COUNTY COM1.\;lISSIONERS OF COLLIER t:'" C> 0 COUNTY, FLORIDA AS THE GOVERNING BODY OF COLLIER COUNTY, ,.. hereinafter referred to as "County." ,.. c:;o_ R E C I TAL S: ....n - C> c:;o ,.. 0:> = -- ......= c:;o <.....; WHEREAS, the Wentworth Estates Planned Unit Development c:;o ...., pursuant to _:::s <.....; ("PUD") Ordinance No. 03-51, and in furtherance of a hearing held September 23, 2003 PI ..... (J" ..... ~ (J" before the Board of County CommissIOners of Collier County, County and Developer have :;; c> (J" .. ..... t--' undertaken to confirm certain commitments with this Agreement, which commitments are ~ ~ t....C i::~C fully set forth below; and ~ t:'" :::c ........ ~ .. C> _ =n WHEREAS, Developer hereby warrants and represents that Developer either has .....~ <.....; !"" ~ (J" legal control over, or is the record tide owner of certain lands described in Exhibit "A" upon "" c> t--' ,.. ..... (J" which lands improvements have been authorized as set forth in the Wentworth Estates 0 nn .?"g..-.::: Planned Unit Development (PUD) Ordinance (hereinafter referred to as "the n :::: G": Development") attached hereto and incorporated herein bv reference, which t::""ftJd.. upon -,.. ,.. development in the near furure will be subject to the imposition of road impact fees: and :oq n t--' gCJ' :!li c..... .:'" ...- \'VHEREI\S, the effect of this "\greemem, which IS made pursuant to Collier County ..... t:'" Land Development Code Section 3,15,7.3.3, shall be to bind the parties pursuam to the 2= terms and conditions of this Agreement and the Certificate of Public Facility Adequacy in ... n >-< order to insure that adequate public facilities for transportation concurrency requirements -..... en _ - are available to serve the proposed entire Development concurrent with when the impacts of the Development occur on the public facilities. - .... <7'0 .,... .... WHEREAS, Developer hereby warrants and represents to County that the owner of c:;o <.TO c:;o c:;o undeveloped property in the Lely A Resort Community PUD has relinquished and transferred to Developer the vested rights to construct 1,000 dwelling units as evidenced by the attached letter to the County attached hereto as Exhibit "B"; and WHEREAS, the parties acknowledge that the valuation of eligible anticipated construction to the County's transportation network is based upon professional opinions of total project probable costs certified by a professional architect or engineer attached hereto as Exhibit "C"; and 1 -----~.,"_._-_..,-,,- lOB ; i ...... WHEREAS, after reasoned consideration by the Board of Commissioners, the Board has authorized the County Attorney to prepare this Agreement upon the Board finding that: a. The subject Proposed Plan, defined below, is in conformity with the contemplated improvements and additions to the County's transportation system; b. Such Proposed Plan, viewed in conjunction with other existing or proposed plans, including those from other Developers, will not adversely impact the cash flow or liquidity of the County's Road Impact Fee Trust Account in such a way as to frustrate or interfere with other planned or ongoing growth necessitated capital improvemen ts and additions to the County's transportation system; c. The Proposed Plan is consistent with the public interest; and d. The proposed time schedule for completion of the Proposed Plan is consistent with the most recently adopted five-year capital improvement program for the County's transportation system; and WHEREAS, the Board of County Commissioners finds that the Proposed Plan is consistent with the County's existing comprehensive plan; and WHEREAS, the Transportation Administrator has recommended to the Board of County Commissioners that the plan for donation and contribution set forth in this Agreement ("Proposed Plan") is in conformity with contemplated improvements and <::) additions to the County's transportation network and that it will be advantageous to the :::d . . public for Developer to pre-pay half of estimated road impact fees and, to donate and c:......> contribute certain off-site improvements as described herein and in Exhibit "D" which are (..TI ....- composed of, among other things, facilities that are required to be made pursuant to a (..TI development order or voluntarily made in connection with road impact construction, ...g ~ . . WHEREAS, the parties acknowledge that all construction plans, specifications and ....- conveyances shall be in conformity with the road construction standards and procedures of ~ c:......> the County and shall be first approved by the Collier County Transportation Administrator 1""'> prior to commencement of construction; and WHEREAS, pursuant to the Wentworth Estates PUD Ordinance, the County has authorized the Developer to cause the construction or installation of the subject contribution set forth in this Agreement within the public right-of-way and thereafter execute any and all documentation necessary to convey the contribution to the County in conformance with the County's transportation standards, procedures, ordinances and regulations; and WHEREAS, Developer has' paid the Two Thousand Five Hundred Dollars ($2,500.00) application for this Agreement; 2 108 WIT N E SSE T H: NOW, THEREFORE, in consideration ofTen Dollars ($10,00) and other good and valuable consideration exchanged amongst the parties, and in consideration of the covenants contained herein, the parties agree as follows: 1. All of the above recitals are true and correct and shall be fully incorporated herein and form a substantial part of the basis for this agreement, 2. The following commitments, set forth in Ordinance No, 03-51, are hereby set forth and expressly made a part of this Agreement: A. The Wentworth Estates PUD shall not use Southwest Boulevard as a construction access, However, it will function as a secondary project ingress/ egress point for the entire project. B, Specific roadway improvements have been identified, as needed, to address local concurrency standards, These were identified in a report submitted in December 2002 titled "Wentworth Estates - Transportation Impact Study," The improvements to be made by the Developer are described below, C. Arterial level street lighting shall be provided at all development points of ingress and egress. Said lighting must be in place at any active entrance prior to the issuance of the first permanent certificate of occupancy (CO), c::> D. External project entrance improvements located at the US 41/North :x:lI . . Entrance and the US 41/Southwest Boulevard, such as turn lanes and c......> median modifications, and internal roadway improvements will not be (J"'1 ~ considered for lmpact fee credits. All such project specific (J"'1 improvements needed to serve the development traffic at an acceptable "'"l:::II level of service shall be in place prior to the issuance of the first CO, G") . . ~ E. The following Transportation Impact Mitigation Plan will operate to en c......> alleviate the Development's impact on the adjacent roadway network: c......> 1. No later than within ten (10) days of the date of the execution of this Agreement, the Developer shall obtain certificates of public facility adequacy ("Certificates") for roads for all development density and intensity authorized by the PUD by prepaying to the County one-half of the road impact fees estimated to be due for all authorized development. This pre-payment shall serve to mitigate the project's impacts, advance rmprovements to roadways expected to be impacted by the project and vest all of the project's development density and intensity for transportation concurrency requirements. It is estimated that this prepayment ("Road Impact Fee Prepayment") will be at least $3,500,000 based on an estimate of half of the amount currently applicable for road impact fees for authorized residential " -' 108 and commercial uses. All impact fees shall be calculated based on the fee schedule in effect on the date fIrst mentioned above. The impact fee prepayment funds may be utilized by the County outside of the Road Impact Fee District in which the Wentworth Estates PUD is located. 2. Prior to the issuance of the fIrst CO, the Developer shall construct intersection improvements (turn lanes and median improvements) and, when warranted, install trafflc signals at the intersections of US 41/ Southwes t Boulevard and US 41/North Entrance to the Wentworth Estates PUD. These improvements will be considered project related and will not be eligible for impact fee credits. 3. Additionally, and without impact fee credits, the Developer shall contribute the sum of $392,800 to construct southbound left and eastbound right turn lanes for the US 41/ Airport Road intersection (engineer's estimate of probable cost: $339,800), and a westbound left turn lane at the US 41/Ratdesnake-Hammock Road intersection (engineer's estimate of probable cost: $53,000). These payments shall be made to the County within SL'Cty (60) days of receipt by the Developer of the County's wntten request for payment of construction costs. Although two specifIc improvements have been identifIed above, the Developer understands and agrees that the County may determine that other improvements within the same Transportation Concurrency Management Area are more essential for the efflcient operation of the transportation system than those identified above and may elect to use these funds to construct those c::> alternate improvements. These alternate improvements are to be :=:t:' . . made within the same Transportation Concurrency Management (....) Area that includes the project. The Developer fully agrees to provide <...n ~ this level of flexibility to the County in the use of the above- <...n mentioned funds. o-c ~ . . F. All points of ingress and/or egress as shown on any plan submittal are ~ conceptual in nature and subject to change as determined by Collier cr. (....) County Transportation Staff. Collier County Transportation Staff ~ reserves the righ t to modify, or close any Ulgress and/ or egress location(s) determined to have an adverse effect on the health, safety, and welfare of the public. These include, but are not limited to, safety concerns, operational circulation issues, and roadway capacity problems. G. Any and all median opening locations will be in accordance with the Collier County Access Management Policy, as amended, and Land Development Code, as amended. Median access and control will remain under the authority of Collier County. Collier County Transportation Staff reserves the right to modify or close any median operung determined to have an adverse effect on the health, safety, and welfare of the public. These effects may include, but are not limited to, safety concerns, operational circulation issues, and roadway capacity problems. 4 .--- lOB H. Nothing in any development order will vest the right of access over and above a right in/right out condition. Neither will the existence, or lack of, a future median opening be the basis for any future cause of action for damages against the County by the Developer, its successor(s) in tide or assignee(s). 1. The Development shall be designated to promote the safe travel of all users including pedestrians and bicyclists. Pedestrian travel ways shall be separated from vehicular traffIc in accordance with recognized standards and safe practices. J. The Developer, its successor(s) in tide, or assignee(s), will be responsible for the cost of any traffic signal at any development entrance when deemed warranted and approved by Collier County Transportation Staff. Trafflc signals shall be owned, operated and maintained by Collier County. K. The Developer shall provide compensating right-of-way from project lands under the Developer's control for all project specifIc turn lanes necessary to serve the project. L. All internal access(es), drive aisle(s), sidewalks(s), etc. not located within County right-of-way will be privately maintained by an entity created by the Developer, its successor(s) in tide, or assignee(s). M. The Developer agrees to provide shared access if, in the opU11on of c::> :=:t:' Collier County Planning and Transportation Staffs, such shared access is . . physically and economically feasible based on the site plans submitted by (....) <...n the Developer or adjacent developments, as long as this does not result ~ in relocation or modification of the project's planned entrances onto US <...n 41. o-c ~ . . N. If a gate is proposed at any Development entrance it shall be designed so ~ cr. as not to cause vehicles to be backed-up onto any adjacent roadway or (....) <...n intersection affecting safe and efficient operations on County or State roadways. The minimum depth to the development key pad/phone box and turn-around area in front of any such gate shall be no less than 100 feet. Collier County reserves the right to impose a stricter requirement if site-specific conditions warrant. O. The Developer reserves the right to make modifIcations to the Typical Spine Road Sections to enhance the roadway and streetscape aesthetics and appeal of the development. Modifications will protect the quality and quantity of on-site wedands, and may help to better display the natural areas. ModifIcations may also reduce overall traffic speeds and provide enhanced opportunities and experiences for pedestrians and bicyclists. All modifIcations that are made will be subject to Collier County Standards. 5 "_.._-_."-~~~ . ..,-"-~ lOB 1. In areas adjacent to wedands, the Developer reserves the right to make modifications to the Typical Spine Road Section (within the 100-foot right-of-way) to include the following: 1. Changing the sL'\:-foot sidewalk on one or both sides of the roadway to an 8-foot multi-use path. 11. Allowing a variable width median that may vary between 10 feet and 40 feet. 111. Modifying the typical 4:1 slope at the edge of the right-of-way to other grading solutions as conditions permit. 2. In areas adjacent to uplands, the Developer reserves the right to make modifIcations to the Typical Spine Road Section to include the following: 1. Allowing a variable width right-of-way that may vary between 100 feet and 150 feet. 11. Changing the 6-foot sidewalk on one or both sides of the roadway to an 8- foot multi-use path. 111. Allowing a variable width median that may vary between 10 feet and 90 feet. c::> P. The Developer shall improve Southwest Boulevard to include two 12- :=:t:' . . foot lanes, a curb-and-gutter urban roadway cross-section with enclosed (....) drainage, and a sidewalk on each side of the road. These improvements <...n will be designed to tie into the existing roadway network and improve ~ <...n area drainage. Improvements to Southwest Boulevard shall also include o-c landscaping and lighting and shall improve the turning movement ~ . . geometry at the intersection of Southwest Boulevard and US 41. These ~ improvements shall be part of the Phase 1 construction plans and shall cr. (....) be reviewed and approved by Collier County. A bench and/or bus en shelter shall also be included in the construction plans with the design and location coordinated by Collier County. Q. The Developer shall provide up to $250,000 to supplement the funding for the installation of street lighting by the County, along US 41 from Broward Street to Collier Boulevard. This payment shall be made to the County within sixty (60) days of receipt by the Developer of the County's written request for payment. R. The Developer shall provide the County with appropriate easements associated with the proposed Lely-Manor Western Outfall Canal and Lely-Manor Eastern Outfall Canal storm water management facilities, including the outfall spreader lake and storm water pumping station 6 --- ---~-~---~ --,,-- lOB components, in order for the County to properly access, operate, and mamtam said facilities. The easements shall provide clear and uninterrupted access from U.S. 41. The easements shall be provided at no cost to the County within 120 days of either the Developer's construction of the Lely-Manor Western Outfall Canal and/or Lely- Manor Eastern Outfall Canal storm water management facilities, including the outfall spreader lake and storm water pumping station; the platting of the property; or the County's written request for the easement dedications, whichever occurs fIrst. 3. The estimated Road Impact Fee Prepayment set forth in the Wentworth Estates PUD of $3,500,000.00 (one-half of the estimated Road Impact Fees) was based on the PUD application request for 1500 dwelling units, however, the request was reduced at the PUD hearing to 1200 dwelling units. Based on the reduced dwelling unit count of 1200 dwelling units approved in the PUD, the Road Impact Fee Prepayment (one-half of the estimated Road Impact Fees) to be paid by Developer is $2,836,419.25. The Road Impact Prepayment shall be allocated and CertifIcates issued for the following numbers and types of dwelling units together with 85,000 square feet of retail commercial uses and an eighteen hole golf course and clubhouse: 496, Single Family Units (4,000 square feet) > 576, High Rise Condominium/Multi-Family Units 128. Non-High Rise Condominium/Multi-Family Units Current policy allows the types of residential uses for which Certificates are issued to c::> be changed to other types of residential uses, and the parties agree that Developer and its :=:t:' successors and assigns shall have the right under this Agreement to make such changes even . . (....) if the current policy is changed. <...n ~ <...n 4. The failure of this Agreement to address any permit, condition, term, or o-c restriction shall not relieve either the Developer or its successors of the necessity of ~ . . complying with any law; ordinance, rule or regulation goverrung said permitting, ~ requirements, conditions, or terms of restrictions. cr. (....) --.:J 5. This Agreement shall not be construed or characterized as a development agreement under the Florida Local Government Development Agreement Act. 6. Except as otherwise provided herein, this Agreement shall only be modifIed or amended by the mutual written consent of the parties hereto or by their successors in Ulterest. 7. The burdens of this Agreement shall be binding upon, and the benefIts of the Agreemenrshall inure to, all successors in interest to the parties to this Agreement. 8. The performance and execution of this Agreement shall be carried out in conformance with the Risk Management Guidelines established by the County's Risk 7 --------- ._'._P .-.-----..-".. 108 Management Department as more particularly described in Exhibit "F" attached hereto and incorporated herein by reference. 9. This Agreement shall be recorded by the County in the Official Records of Collier County, Florida within fourteen (14) days after the County, by its duly authorized Chairman, executes this Agreement. A copy of the recorded document will be provided to Developer. 10. In the event of a dispute under this Agreement, the parties shall fIrst use the County's Alternative Dispute Resolution Procedure as described in Exhibit "G". 11. Any party to this Agreement shall have the ability to file an action for injunctive relief in the Circuit Court of Collier County to enforce the terms of this Agreement, said remedy being cumulative within any and all other remedies available to the parties for enforcement of this agreement. 12. The credits for the Road Impact Fee Prepayment and the CertifIcates identified herein shall run with the lands, as described in Exhibit "A" and shall be reduced by the entire amount of each Road Impact Fee due on the fIrst building permit issued thereon and each successive building permit until the project is either completed or the credits are exhausted or otherwise no longer available. It shall be Developer's or a subsequent record tideholder's (of all or a portion of the Property; i.e. lot/tract purchaser) obligation to notify the County that a credit is available, each time a building permit is applied for. If a credit is available, it shall be deducted from the available balance. All credits and Certificates shall be freely assignable throughout the lands set forth in the area described in Exhibit "A". e::> 13. The Impact Fee Credits ("Road Impact Fee Credits") available under this :=:t:' . . Agreement shall be used to evidence payment of Road Impact Fees and to obtain (....) Certificates of Public Facility Adequacy for transportation concurrency requirements for the <...n ~ entire development density and intensity authorized by Ordinance No. 03-51. <...n o-c 14. An annual review and audit of performance under this Agreement shall be ~ . . performed by the County to determine whether or not there has been demonstrated good ~ faith compliance with the terms of this Agreement and to report the credit applied toward of cr. (....) Road Impact Fee Prepayments and the balance of available unused credit. If the Collier co County Board of Commissioners fUlds, on the basis of substantial competent evidence, that there has been a failure to comply with the terms of this Agreement, this Agreement may be revoked or unilaterally modified by the County. 15. Not later than 90 days prior to the expiration of the three year period for such Certificates, the County shall notify the Developer via registered mail of the remaining balance due for the estimated transportation impact fees up to 50 percent, based on level of building permits already issued. The balance of the impact fees due will be calculated at the rate schedule then currendy applicable. The Developer may elect to pay the balance of the estimated transportation impact fees for the entidements for which the Certificates apply or modify the CertifIcates to a lesser entitlement and calculate the balance of the transportation impact fees on the revised entitlements. The Certificates shall be modifIed to include only the entidements for which the estimated transportation impact fees are paid. Once the 8 --------~._-,._~._-- ,-,,'.'-""'-,. ...-.-.---..-.-----..-......,.,.--..--.-. lOB balance of the estimated transportation impact fees are paid, those estimated fees are non- refundable. However, the Certificate runs continuously with the land in perpetuity after all estimated transportation impact fees have been paid. As building permits are drawn down on the entidements, the estimated transportation impact fees already paid shall be debited at the rate of the impact fees in effect at the time of utilization. If the estimated transportation impact fee account becomes depleted prior to the buildout of the Development, the Developer shall pay the currendy applicable transportation impact fee for each building permit in full prior to its issuance. In the event that upon build-out of the Development estimated transportation impact fees are still unspent, the remaining balance of such estimated fees may be transferred to another approved project within the same, or adjacent, transportation impact fee district, provided any vested entidements associated with the unspent and transferred tran~portation impact fees are relinquished and the CertifIcates are modified to delete those entitlements. 16. The off-site improvements, if any, shall exclude any access improvements. 17. The parties acknowledge that the donation and/or contribution are characterized as work done and property rights acquired by a highway or road agency for the improvement of a road within the boundaries of a public right of way. 18. Any future reimbursement for excess impact fee credits shall come from future receipts by the County of road impact fees. However, no reimbursement shall be paid until such time as all development, as defUled by the transportation administrator, at the location that was subject to the credit has been completed. Such reimbursement shall be made over a period of five (5) years for the completion of the Development. 19. The Road Impact Fee Credit and Certificates granted shall only be for Road e::> Impact Fee Prepayments, and does not include contributions made to the transportation :=:t:' . . network to accommodate growth and which were made within the respective Road Impact (....) Fee District where the road impact construction is located. <...n ~ <...n 20. The Road Impact Fee Credits provided in this Agreement for shall be a o-c ~ credit only against Road Impact Fees and that such Road Impact Fee Credits shall not offset, . . diminish or reduce any other charges, fees or other impact fees for which the Developer, its ~ successors and assigns are responsible in connection with the development of their lands. cr. (....) ...0 21. Developer shall keep or provide for retention of adequate records and supporting documentation which concern or reflect total project cost of construction or installation of any improvements to be contributed. This information shall be available to the County or its duly authorized agent or representative, for audit, inspection, or copying, for a minimum of five (5) years from the termination of this Agreement. 22. Except for any future reimbursement as provided in Paragraph 18 above, this Agreement shall terminate upon completion of the Development. 23. The burden of this Agreement shall be binding upon, and the benefIt of the Agreement shall inure to, all successors in interest to the parties of this Agreement. 9 --~--_.._---_. 108 24. The parties agree that the contribution of construction for Southwest Boulevard shall reach final completion by December 31,2005. 25. This Agreement shall be modifIed or revoked as is necessary to comply with relevant state or federal laws, in the event state or federal laws are enacted after the execution of this Agreement, which are applicable to and preclude the party's compliance with the terms of this Agreement. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their appropriate offlcials, as of the date first above written. AS TO COUNTI: Attest: .. BO~UNTY COMMISS:ONERS .~W~~ttJt:>~~~J3~CK, Clerk ~~,:,-,.:: ..~J>fo6'.<Ii.~O_ct~~~ 6.j:. . ">.. By ~ ~A~ _:W~r!.~~1h~ J)0 :. "'II.'~~~ . - Chairman :; :"'e:'.:,\~.~_~:~,~_'! ,~,'.,. i"I ~=~.: ~ '::::~t&:-f:;;:'~::':,- .tkirWft'S .~t ~~atu. ~i~:{ / ~; '" ~ ; _.". J'')oI"5' ~;.... ,~ .~. ~~__~.- , ,,,,,~,,,,,,_,,':\',.;;AJ,,,~ Wy~~tJ3::~~,\\\\;- V. K. DEVELOPMENT CORPORATION I~Ui:t;(,~""~ A Wisconsin corporation ~ddJ1~ ~ BY~ /~~74" , e::> :=:t:' . Print Name:' ~ opcKe.. Sanjay Kuttemperoor, . . Its Executive Vice President (....) ~07~A..... <...n ~ <...n Pnnt Name: .+.",1'\.\.n""""'f G . ~ 1'U-AA.t. o-c STATE OF {2'~~J!:.:J ~ . . ~ COUNTI OF I ~<" (?.v cr. The foregoing Agreement was acknowledged before me this 3 Yo'- day of ~ c:::> fihrua/~r ' 200i, by Sanjay Kuttemperoor, as the Executive Vice President of V.K. Develo ent CorporatIon. He is [Xj personally known to me, or [ ] has produced driver's license no. as identification. 'I7!~cAdtf.~.mG ~fiJ NOTARY PUBLIC (SEAL) Name: AJ,'CheJlL /LIe DonaLd. (Type or Print) My Commission Expires: 04- 30'''0(P Approved as to form and legal sufficiency: lO --_..._--~- ._.n" --.--- lOB J effr Assis e::> :=:t:' . . (....) <...n ~ <...n o-c ~ . . ~ cr. ~ ~ Item' 106 Agenda ."" Date co( ~~. Q ~ Date c2-ds.o'f Rec'd II __. ,.u ~ lOB LIST OF EXHIBITS ATTACHED TO AGREEMENT Exhibit "A" Legal Description and graphic rendering of the Development. Exhibit "B" Letter to County regarding vested rights to construct One Thousand (1,000) dwelling units. Exhibit "c" Professional Engineer's Estimate of Probable Cost of Construction. Exhibit "D" A legal description and graphic rendering of donated Contribution of Construction. Exhibit "E" Intentionally Omitted Exhibit "F" A Copy of the Risk Management Guidelines applicable to this Agreement. Exhibit "G" Collier County's Alternative Dispute Resolution Procedure e::> :=:t:' . . (....) <...n ~ <...n o-c ~ . . ~ cr. ~ ~ 12 - Exhibit A 1 of 5 1 08 PARCEL 1 Description of Part of Sections 29, 30 and 31, Township 50 South, Range 26 East, Collier County, Florida Beginning at the northwest corner of said Section 30; thence along the north line of said Section 30, North 88"23'16" East, 2491.52 feet; thence continue along the north line of said Section 30 North 88"13'29" East 1636.98 feet to the southwesterly right-of-way of Tamiami Trail (US 41) (200 ' right-of-way) ; thence along said right-of-way South 39"03'42" East 2333.04 feet; thence leaving said right-of-way South 38"17'43" West 581.30 feet; thence North 89"34'42" West 348.55 feet; thence South 02"48'31" West 308.99 feet; thence South 88"28'28" West 30.00 feet to the east quarter corner of said Section 30; thence along the north line of those lands described in Official Records Book (OR Book) 105, pages 595-597 and OR Book 105, Pages 592-594, Public Records of Collier County, Florida, South 87"14'44" West 683.13 feet; thence along the west line of said land described in OR Book 105, pages 592-594 South 00"20'37" West 672.63 feet; thence along the south line of said lands North 87"26'41" East 654.42 feet to the west line of Myrtle Cove Acres Unit No. 1 as recorded in Plat Book 3, page 38, Public Records of Collier County, Florida; thence along the west line of said Unit No. 1 South 02"45'35" West 1919.99 feet to the southeast corner of said Section 30; thence along the east line of said Section 31, South 02"45'30" West 2335.35 feet; thence South 83"30'57" West 1549.05 feet; thence North 56"10'37" West 816.27 feet; thence North 89029'19" West 558.68 feet; thence North 01035'00" East 1675.69 feet; thence North 89027'15" West 508.31 feet; thence South 70"33'22" West 1109.51 feet; thence due West 357.35 feet to the west line of said Section 31; thence along the west line of said Section 31, North 00019'55" East 412.36 feet to the northwest corner of said Section 31; thence along the west line of said Section 30, North 00020'37" East 2685.56 feet to the west quarter corner of said section 30; thence continue along the west line of said Section 30, North 00022'18" East 2687.69 feet to the said Point of Beginning; LESS AND EXCEPTING THAT 5.35 ACRE PARCEL OF LAND described in OR Book 192, page 514, Public Records of Collier County, Florida. Containing 730.962 acres, more or less. ALSO INCLUDING THE FOLLOWING: PARCEL 2 Description of Part of Section 32, Township 50 South, Range 26 East, Collier County, Florida: e::> :=:t:' . . Beginning at the southwest corner of said Section 32; thence along the west line of said Section 32, North 02"48'47" East, 2394.57 feet; thence leaving said west line North (....) 59056'01" East 2041.35 feet to the boundary of the plat of Trail Acres Unit 2, Plat Book <...n 4, page 62, Collier County, Florida; thence along said plat boundary South 39003'07" East ~ <...n 1309.16 feet; thence continue along said plat boundary North 50"55'09" East 762.41 feet; thence leaving said plat boundary South 39004'51" East 430.46 feet; thence North o-c 50"58'21" East 199.96 feet to the boundary of the plat of Trail Acres Unit 3, Plat Book ~ 3, page 94, Collier County, Florida; thence along said plat boundary South 39001'39" East . . 962.19 feet; thence continue along said plat boundary South 87"34'19" East 1003.95 feet ~ to the east line of said Section 32; thence leaving said plat boundary and along said cr. east line, south 02"32'54" West 1912.12 feet to the southeast corner of said Section 32; ~ thence along the south line of said Section 32, North 89040'29" West 2625.95 feet to the (....) south quarter corner of said Section 32; thence continue along the south line of said Section 32, North 89"40'08" West 2625.60 feet to the said Point of Beginning; Containing 313.76 acres, more or less. ~ )> URBAN COASTAL FRINGE ~ SUB.DISTRICT ~ G '" C ~ . 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Z z<C.... 0 W ~lii~ 9 0 ~~~ .. C II tlI ...J 3 ~w u(!) ffiU'i8 ::Oocci ::;:u~ O<C U I- Z Ww ::;:(!)N CL<(I'-: ~ ow... ...JOC'" ~ ~w~ w<C 0 ~_.._.~--- 'STOCK lOB I ... I I I . ',\ I I ,,:' I .. '. . .. '. .... I . ~ . '. I~ ~": I 1 . t. '. '1':.1.1 . , . Exhibit B September 23. 2003 Collier County Board of County Commissioners Collier County Government Complex 3301 East Tamiami Trail Naples, Florida 34112 Re: Lely, a Relort CODlllluDity PUD Dear Commissioncn: This letter is given to qoUicr County by stoct Development Corporation, a Florida colporation C'Stoc:k Development") in relation to the rezoning petition for the Lely Lakes subdivision. Stock Development will become the 8UCCC8sor developer to LeIy Dcvclopt11Q1t Corporation for the community sometimes referred to as Lely, a Resort Community ("Lely Resort") by virtue of the acquisition of various parcels of real property within the boundaric:a of !.ely Resort and a written agreemeat between Lely Development COlpOi'ation and Stock. Development. The development rights and commitments applicable to LcIy Resort ~ described in Collier County Ordinance 92-IS. as anu:r.dcd by ColUer County Ordinance No. ~n.38 (the ttLcly Resort POO'') , Section 2.06 oftbc Lely Resort PUD provides that. within.the real property described in the PUn. the developer may coD5f:nJct a maximum number of IO,1S0 dwelling units. By this correspondence. Stock Development, as the future successor developer, commits to a e::> rcduotion in the maximum number of dwelling units for Le1y Resort from the 10,150 ui:1its :=:t:' . . originally authorized under the Lely Resort PUD to 9,150 dwelling units; provided, however, that (....) the units eliminated sball only be multi-famIly units and this eot1tcmt to reduce the maximum <...n pennittCld density for Lely Resort shall have no effect on ~ number of sin,gle-tamily units ~ available for development. A.eeordingly. the total number of dwelling units may not exceed <...n o-c 9,150 W1its which sball be allocated IS 1,850 single family' units and 7,300 multi.famiJy units. ~ The allocation of units may be adjusted as provided In Scotian. 207 of the PUD. 'Ibis ccmseat by . . Stoclc Development is given in connection with the original rezoaiDg petition for the Lely Lakes ~ subdivision and can be relied on by Colliet Cow1ty, provided. however, that in the event the cr. ...,:. rezoning petition far Lety Lakes is not approved by the Board of County (Arrllnhlsioners for any co reason or no reason, this ClODSeDt by Stock Development aba1l be of no force or effect. Stock Development does not own aU remaining, undeveloped properties within Lely Resort. The purposo of this letter is to merely acJc:nowledge Stock DevcIopmcm's consent to a reduction In . density In Le1y Resort. Nothing contained hcn:in shaD obUptc Stock Development to .unplemcnt the 1.000 density reduction sotely OD property that Stock Do'velopmc:nt owns, but rather such density reduction &baD be an overall reduction of density within LeIy Resort. 5692 STAAND COli"'. SlIeTE 1 . N"tUs. fLa-.o4 '..CIIO - Phon.. (.lI91 "2-71"" f.., CUt) 59Z-75-41 . lOB STOCK. DEVPJ..OPMENT CORPORATION, a Florida corporation ( By: Title: S;'\(]~ical YoI6OnlSlOOlc\Leb'\LollOrlO 80erd ot CGUIIlf C'.oaIIlIIaIoam " dcull;)'.dao e::> . :=:t:' . . (....) <...n ~ <...n o-c c;:') . . ~ cr. ~ ...0 .. ~""""1'\lI ,... 1"1" ---.----.-.... 1 0 8 ~ ..'~ .~ I~" o ..... 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"""-".'-" ...--, lOB ,..1Il I EXHIBIT "F" Risk Management Guidelines Developer shall maintain the required Commercial General Liability insurance in full force and effect, for the duration of all road construction set forth in this Agreement, until all improvements are accepted by the County pursuant to the terms set forth herein. The area insured must include the area set forth in Exhibit "c" to this Agreement. Developer shall maintain Commercial General Liability Insurance in limits of not less than $1,000,000.00 per occurrence combined single limits. Coverage shall be written on an occurrence form. Developer shall name Collier County as an additional insured on said policy, or a current Phase I Environmental Study of the property. e::> :=:t:' . . (....) <...n ~ <...n o-c ~ . . ~ cr. <...n cr. .- -_..._--"~ lOB COLLIER COUNTY ALTERNATIVE DISPUTE RESOLUTION PROCEDURES 1. INTRODUCTION: Florida law provides that written arbitration agreements are valid, irrevocable and enforceable. Unless otherwise provided for herein, the provisions of Florida Statutes, Chapter 682.01 et seq. shall be controlling. These provisions provide a mechanism to resolve claims or disputes that could potentially lead to litigation in construction contracts. The object is to attempt to settle claims by mutual agreement or to make a good faith effort to settle claims and disputes prior to litigation in court. The methods involve binding arbitration and pre-suit mediation. Arbitration is a quasi-judicial approach in which a dispute is resolved by a trier of fact after presentations by opposing parties. Its purpose is the speedy and economical resolution of disputes. Arbitration is traditionally a less formal process than court litigation. Mediation is a method used to settle disputes using an impartial person who listens to presentation by both sides and facilitates settlement negotiations between the parties. Collier County will utilize the Twentieth Judicial Circuit Court Mediation and Arbitration Program, [hereinafter "Court Program"], to facilitate these procedures. e::> :=:t:' . . 2. DEFINITIONS: (....) <...n 2.1 Claim: A demand by either party to a contract for an equitable adjustment ~ <...n of payment under a Collier County construction contract. A claim should o-c cover all unresolved disputes existing at the time of presentation to arbitration ~ . . or mediation. ~ cr. <...n 2.2 Evidence: Oral testimony, written or printed material or other things --.:J presented to the arbitrator[s] or mediator[s] as proof of the existence or nonexistence of a pertinent fact. 3. JURISDICTION: 3.1 A claim that does not exceed $250,000.00, excluding interest claimed, shall be submitted to binding arbitration. The parties may, by mutual consent, agree to a one-person or single arbitrator panel. Aggregate claims may total more than $250,000.00 for binding arbitration, but no single claim may exceed that amount. --...-.---. L__..._____._ . lOB." 3.2 A claim in excess of $250,000.00 brought pursuant to a construction contract with the county shall be submitted to mediation or binding arbitration if voluntarily agreed to by all parties. All claims less than $250,000.00 and all non-monetary claims brought pursuant to a construction contract with the county must be submitted to binding arbitration. 3.3 Prior to the institution of any litigation in a circuit court against Collier County, this Dispute Resolution process must be initiated. 3.4 Once the dispute resolution procedure has been initiated, a court of law may not consider the issues involved in the claim(s) until the dispute resolution process has been completed. 3.5 The claim must be a dispute between the County and the prime contractor. 3.6 The claim must be related to issues in dispute, which have been previously submitted in good faith to the County pursuant to this procedure and could not be resolved by negotiation. 3.8 Pendency of a claim or arbitration or mediation of a dispute shall not be a basis for delay of the contractor's performance under the contract. 4. INITIATING DISPUTE RESOLUTION PROCEDURE: 4.1 Either party shall initiate a request for mediation or arbitration within thirty (30) calendar days after a denial of the claim after negotiation by County e::> staff or no later than forty-five (45) calendar days after knowledge of a claim :=:t:' . . by claimant. In any event, no claim shall be made after the date when (....) institution of legal or equitable proceedings based on such claims would be <...n ~ barred by the applicable statute of limitations. <...n o-c 4.2 Upon request, the County will make available to any party wishing to initiate ~ . . arbitration or mediation, a procedural package containing the necessary ~ cr. forms. The forms shall include a Notice of Claim, a Request for Negotiation, <...n a Request for Arbitration and a Request for Mediation. The County's co Purchasing Department shall have these forms available and they will be included in the County's bid package. 4.3 Either party to the contract may initiate arbitration or mediation of a claim by submitting a Request for Arbitration or a Request for Mediation Claim Form to the Purchasing Department. The initiating party must indicate on the form whether or not they will be represented by counsel during the hearing and may indicate a desire to resolve the claim based solely on a submittal of documents by the parties with no hearing. 4.4 The Claim Form shall be accompanied by: 2 __..m._.______.,__.~._ ...___. .._^__"__~__~,~.__.,^__W --^.~--,~_._---_.~- lOB~~ a. A brief summary of the nature of the dispute involved in each part of the claim. b. The amount of compensation being requested for each part of the claim along with supporting information. c. Copies of additional written information, not previously submitted under Section 3 including exhibits, intended to be used during the hearing to support the claim, excluding the contract documents. It is suggested that information be assembled in a tabbed notebook for ease of reference. d. Contract Time analysis if a Release of Liquidated Damages is included in the claim. e. No new or different claim, other than a change in the amount claimed, will be allowed once the time and date for the hearing has been set. f. If the arbitration panel or mediator determines that information known to a person not in attendance at the hearing or the mediation is essential to arriving at its decision or for the fair exercise of the mediation process, he or she may obtain a written affidavit from that person and enter such statement into the record. 5. ADMINISTRATION OF ARBITRATION: 5.1 The respondent shall prepare a rebuttal to the claim and furnish a copy to the e::> :=:t:' party requesting arbitration and to each of the members of the panel so that it . . is received at least fourteen (14) calendar days prior to the date scheduled for (....) <...n the hearing. ~ <...n 5.2 The County shall set a time and date for an arbitration hearing within 21 o-c ~ . . calendar days after receipt of the Request. In scheduling the time allotted ~ for a hearing for complex claims, consideration will be given to the need for cr. the greater amount of testimony or other information required in order for the <...n ...0 arbitrators to gain a complete understanding of the issues, and if a party requests additional time, the arbitrators selected may continue the matter in 7-calendar day increments. A request for a continuance must be submitted to the arbitrators no later than 48-hours prior to the commencement of the hearing. Once arbitration has begun, it may only be continued in 24 - hour increments. 5.3 The parties are expected to cooperate fully with each other in exchanging information prior to the hearing. In general, it is expected that the parties will have exchanged all documents relating to the claim during negotiations between them prior to arbitration being initiated. In any event, a full 3 .-_.._---'" 10B.P\'I exchange of documents shall be completed no later than seven (7) calendar days prior to the date set for the hearing. Generally, introduction of documents will not be allowed during the hearing which have not been previously been revealed to the other party. 5.4 Depositions and interrogatories will not be allowed except upon an order from the arbitrators to take sworn testimony of an unavailable witness. 6. INVOLVEMENT OF ATTORNEYS IN AN ARBITRATION HEARING: Counselor another person who has sufficient authority to bind that party at any hearing may represent a party. A court reporter will be present, unless waived by both parties. a. The hearing will be informal and involvement of attorneys, if desired, is expected to be minimal. b. The parties shall have full opportunity to offer such evidence as is relevant and material to the dispute. c. Unnecessary extensive examination or cross-examination or extensive argument of legal points by attorneys representing the parties will not be permitted. The arbitrators may limit examination and argument as they deem appropriate. 7. CONDUCT OF EVIDENTIARY HEARING IN ARBITRATION: e::> :=:t:' . . 7.1 The County or court reporter if present shall administer an oath to all persons (....) who are to testify during the hearing. <...n ~ <...n 7.2 Documents will be accepted and identified for the record. o-c ~ . . 7.3 Distinct and severable parts of a claim may be dealt with separately. t--'" en en 7.4 The order of proceeding will be for the party initiating arbitration to first <::::l present evidence to support their claim. At the beginning of their initial presentation, a party shall present a succinct statement of the issues and a position on each issue. Orderly discussion between the parties as evidence is presented will be allowed. 7.5 Reasonable attempts will be made to assure that all relevant evidence necessary to an understanding of the disputed issues and of value in resolving the claim is heard and that each party has the opportunity to adequately rebut all arguments and evidence submitted. The arbitration panel will be the sole judge of the relevance and materiality of evidence offered. 4 -----~.__.---,.~.._. .------ . lOB 1,.. 7.6 Conformance to legal rules of evidence shall not be necessary. 7.7 Members of the arbitration panel may ask questions of the parties for the purpose of clarification. 7.8 If substantial new information is submitted during a hearing, which the arbitration panel deems places the other party at a severe disadvantage because of inability to develop an adequate rebuttal, the panel may elect to extend the hearing to a later date as previously set forth herein. a. A stenographic record of any hearings by a Certified Court Reporter or any previously recorded testimony or document prepared under oath, such as an affidavit is admissible. b. Each party shall bear an equal share of the cost of the arbitration panel. c. Each party shall pay its own costs and attorney fees. d. All arbitration shall be concluded within one-half (112) day and all mediation shall be conducted within one (1) day unless continued pursuant to the provisions of Section 5.2 herein. 8. ADMINISTRATION OF MEDIATION: 8.1 The respondent shall prepare a mediation summary regarding the claim and furnish a copy to the party requesting mediation and to the mediator so that it is received at least fourteen (14) calendar days prior to the date scheduled for the e::> :=:t:' mediation. . . (....) 8.2 The County shall set a time and date for the mediation within 21 calendar <...n ~ days after receipt of the Request. In scheduling the time allotted for complex <...n o-c claims, consideration will be given to the need for a greater amount of ~ information required in order for the mediator to gain a complete understanding of . . the issues, and if a party requests additional time, the mediator selected may ~ cr. continue the matter in 7-calendar day increments. A request for a continuance cr. ~ must be submitted to the mediator no later than 48-hours prior to the commencement of the mediation. Once mediation has begun, it may only be continued in 24 - hour increments. 8.3 The parties are expected to cooperate fully with each other in exchanging information. In general, it is expected that the parties will have exchanged all documents relating to the claim during negotiations between them prior to mediation. In any event, full exchange of documents shall be completed no later than seven (7) calendar days prior to the date set for the mediation. 8.4 Each party shall bear an equal share of the cost of the mediator. 5 lOB.""" 8.5 Each party shall pay its own costs and attorney fees. 8.6 All mediation shall be conducted within one (I) day unless continued pursuant to the provisions of Section 5.2 herein. 8.7 If a party fails to appear at a duly noticed mediation without good cause it shall bear the costs of the mediator, attorneys' fees and other costs. The County or any other public entity required to conduct its business pursuant to Florida Statutes, chapter 286, that party shall be deemed to appear at a mediation conference by the physical presence of a representative with authority to negotiate on behalf of the entity and to recommend settlement to the appropriate decision- making body of the entity. 8.8 A party is deemed to appear if the party or its representative having full authority to settle without further consultation, the party's counselor a representative of the insurance carrier who has full authority to settle up to the amount of the claimant's last demand or policy limits, whichever is less, without further consultation. 8.9 The mediator shall at all times be in control of the mediation and the procedures to be followed in the mediation. 8.10 Counsel shall be permitted to communicate privately with their clients. In the discretion of the mediator, mediation may proceed in the absence of counsel. 8.11 The mediator may meet and consult privately with any party or parties or e::> :=:t:' their counsel, if any. . . (....) <...n 8.12 If a partial or final agreement is reached, it shall be reduced to writing and ~ signed by the parties and their counsel, if any. <...n o-c ~ 8.13 If the parties do not reach an agreement as to any matter as a result of . . mediation, the mediator shall prepare and distribute to each party a report ~ cr. indicating the lack of an agreement without comment or recommendation. With cr. I'> the consent of the parties, the mediator's report may also identify the outstanding legal issues or other action by any party that, if resolved or completed, would facilitate the possibility of a settlement. 9. COMPENSATION OF THE ARBITRATION PANEL OR MEDIATOR: Arbitrators and Mediators shall be paid at the rate of $150.00 an hour, or the current rate for the Court program. An additional fee of 25% shall be payable to the Court Program for administration of any arbitration, but shall not be assessed for a mediation. The parties shall equally share all costs and shall remit all charges to the Court Program upon the conclusion of the ADR Process. 6 "^----.-.- -- lOB "'~. 10. MEMBERSHIP: 10.1 The Arbitration Panel will consist of one member selected by the County and one member selected by the Contractor, unless the parties agree to utilize the Court Program's arbitrators. The Court Program will select the third member of any panel and the third member will act as Chairman for all panel activities. Any single arbitrator will be selected through the Court Program. 10.2 All mediators and the Chair of any arbitration panel shall appear on the Court Program's list of persons approved to serve as mediators and arbitrators. 10.3 It is desirable that all arbitration panel members have experience with the type of construction involved in this project. 10.4 It is imperative that mediators and arbitration panel members show no partiality to either the Contractor or the County, nor have any conflict of interest. 10.5 The criteria and limitations for mediators and arbitration panel membership is as follows: a. The person[s] selected will not have any direct or indirect ownership or financial interest in the Contractor awarded the project, the CEI consulting firm selected for the project, in any subcontractor or supplier of the project, nor in other panel members. Each panel member shall e::> :=:t:' provide a statement of no known conflict. . . (....) <...n b. No arbitrator or mediator shall have had any prior involvement in the ~ L.T1 project of a nature that could be construed to compromise his/her ability o-c to impartially resolve disputes. ~ . . No arbitrator or mediator will be employed by the Contractor awarded ~ c. cr. the project, the CEI consulting firm selected for the project or by any cr. (....) subcontractor or supplier of the project during the life of the Contract, except as a panel member or mediator. d. The Florida Rules of Court Rules 10.200 et seq., Part II of the Rules for Mediators and Part II of the Rules for Court Appointed Arbitrators shall apply, except Rule 11.110 and Rules 10.870 through 10.900. e. Rules 1.720(c), (d), and (e) of the Florida Rules of Civil Procedure governing mediation are incorporated herein. 7 - .~.~------- . 108 ,1 . 11. MISCELLANEOUS PROVISIONS: a. Arbitrators and mediators shall be agents and employees of the County for purposes of tort immunity resulting from any actions taken while conducting the hearing[s] or the mediation as long as these procedures are followed. Such status shall not create a conflict of interest. e::> :=:t:' .. (....) <...n ~ <...n o-c ~ . . ~ cr. cr. ~ 8 --------_._>.~.~ .,----"-~ , lOB . \ i l TIME CHART FOR ADR: Within the Following Time Periods Following the Notice of Claim or the Date of the Occurrence Underlying the Claim, Whichever is First, the Following Matters Must Occur, [All days are Calendar Days]: Up to 14 days after occurrence or Notice of Claim, [whichever is first]: The matter must be negotiated with County Staff. Within 7 days of receipt of Notice of Claim: Staff shall prepare a written rebuttal. Within 15 Days of Notice of Claim: Negotiation of dispute with County staff must be completed. Within 30 Days after Negotiations with County Staff ends or Within 45 days of the date of the occurrence: a Request for Arbitration or Mediation Must be Filed. e::> :=:t:' . . After a Request for Arbitration or Mediation is Filed: (....) <...n ~ <...n Within 21 days: The Mediation or Arbitration shall be set including the names of o-c the participants and all relevant claim documents forwarded to the Mediator or ~ Arbitrators. . . ~ cr. No Later Than 14 days prior to date of Mediation: A written rebuttal to any claim cr. <...n must be served on opposing party and Mediator or Arbitrators. No Later Than 48 Hours Prior to the date of the Mediation or Arbitration: Any request for a continuance must be filed with the Arbitrators or Mediator with a copy to County Staff. Once Mediation or Arbitration begins it may be continued for only 24 hours at a time with the consent of the Arbitrators or Mediator. 9 --~ -.--'.'.-.."-'- . ' - . lOB Within 14 days of conclusion of Arbitration or Mediation: Written decision must be issued indicating that a certain conclusion has been reached or an impasse entitling claimant to proceed to court litigation. Both parties must undertake all ADR proceedings in good faith. H1JackielDispute Resolution Procedure * * * e::> :=:t:' .. (....) <...n ~ <...n o-c ~ . . ~ cr. cr. cr. * ::+ ::+ 10 -. \?\\ MEMORANDUM Date: March 1, 2004 To: Honorable Hugh D. Hayes Chief Judge From: Linda A. Houtzer, Deputy Clerk Minutes & Records Department Re: Resolution 2004-61 Enclosed please find a copy of the document as referenced above, Agenda Item #13A, as approved by the Board of County Commissioners on Tuesday, February 24, 2004. Five (5) certified copies have been forwarded to the County Attorney's Office. The original is being retained for the record. If you should have any questions, please contact me at 8411. Thank you. Enclosure '--_._..*- --'--'-- \7~ MEMORANDUM Date: March 1, 2004 To: David Weigel, County Attorney Office of the County Attorney From: Linda A. Houtzer, Deputy Clerk Minutes & Records Department Re: Resolution 2004-61 Enclosed please find five (5) certified copies of document as referenced above, Agenda Item #13A, as approved by the Board of County Commissioners on Tuesday, February 24,2004. The original is being retained for the record. If you should have any questions, please contact me at 8411. Thank you. Enclosure RESOLUTION NO. 2004-61 \,f\ A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, TO SUPPORT FULL AND ADEQUATE FUNDING FOR THE STATE COURT SYSTEM AND THE TWENTIETH JUDICIAL CIRCUIT TO ENSURE JUSTICE FOR ALL FLORIDIANS. WHEREAS, Article V of the Florida Constitution provides authority for the Judiciary, its organization, and funding; and WHEREAS, on November 3, 1998, the voters of Florida passed Revision 7 which amended Article V of the Florida Constitution; and WHEREAS, counties fund many components of the state court system, the offices of the state attorneys, public defenders, and clerks of court; and WHEREAS, other types of expenses presently paid by counties include office space, courtrooms, administrative staff, communication services, expert witnesses, interpreters, security, depositions, court programs and other miscellaneous equipment and travel expenses; and WHEREAS, the County funds over half of the budget for the Twentieth Judicial Circuit; and WHEREAS, as part of the Judiciary, the Twentieth Judicial Circuit serves the citizens of Collier County; and in particular, it: 1) Guarantees the freedoms we enjoy daily by upholding the law, protecting our individual rights and liberties, enforcing public order, and providing for a peaceful resolution of disputes; 2) Safeguards victims' rights, determines guilt or innocence of the accused, and imposes appropriate punishment; 3) Resolves personal, business, and property disputes; 4) Protects families, children, the elderly and infirm; 5) Facilitates case processing through programs that provide citizens with timely and efficient access to justice and that relieve the impact on the Court system and County services resulting from population growth; 6) Provides due process services that protect each citizen's right to a fair and impartial trial through such services as court-appointed expert witnesses, interpreters, and court reporters; 7) Provides post-adjudication services that ensure compliance with court ordered sanctions that reduce recidivism and, most importantly, that offer offenders a structured program through which they can restore as a viable member of society; and .---..-,,----, . ._.~-- \J~ WHEREAS, beginning July 1, 2004, Revision 7 requires the bulk of expenses associated with the courts, state attorneys, and public defenders to be funded by the State and not the counties; and WHEREAS, presently the Florida courts receive less than 1% of the total 2003/2004 State budget and after the implementation of Revision 7 will receive less than 20/0 of the State's 2004/2005 budget; and WHEREAS, the rights and freedoms of the citizens of Collier County depend upon an impartial and independent judiciary and on the ability of the State Attorney and the Public Defender to fulfill their vital roles; and WHEREAS, without adequate funding, the courts, state attorneys and public defenders will be unable to address all cases brought before the Courts, to serve vital public interests, and to protect our basic freedoms. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNlY COMMISSIONERS OF COLLIER COUNlY, FLORIDA, that: The Board of County Commissioners of Collier County recommends and requests that the Florida legislature fulfill its obligations under Revision 7 to ensure that the Florida State Court System and the offices of the State Attorney and the Public Defender of the Twentieth Judicial Circuit receive full and adequate funding to support the programs identified in Revision 7 (the budget submitted by the Chief Justice of the Florida Supreme Court) without transferring additional costs to local government. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this 24th day of February, 2004. ATTEST: BOARD OF COUNlY COMMISSIONERS DWIGHT E. BROCK., Clerk COLLIER COUNlY, FLORIDA '''(r.6'ii~,:" <.jJl ,0:' 't~l '~1 .,;; ,;~,t f C- i.- \f~\. ~.,. "Ii ~"'... ,"??/\. By: (/lm:th ~~ L~"';. _' _ > ,\, ~ .... ..;:y>~' /- "~'~' ,:,'.i:..,'t',"-(r~" -~~~ ~. ~IOP~\~ . .- ..,.. " ..... ,. t .(;) . :.~'Rutiy.qerk~' .. t:' ,:0' DONN. FIALA, airman ;- "~:~~.,~., ',:..;.~\)" ..<~'l"_ ....}.. ..' ,,<: (~....;r~' ,.. ~- \f~~~ . I ~ 'h,t;;:J:'S)\:. , ,,~ Approved as to form and legal sufficiency: ~&~J '/ David C. Weigel ~ County Attorney Dew /kn: h; public; kay; advisoryboards Item # 13A Agenda ..l'~4 -{)4 Date Date 3. J -01- Rec'd 2 ~1hllitJ) ~ eputy Clerk - ..,...~."--- v _,__H.. ~". -- 16~ 1~! Q, .. MEMORANDUM Date: March 5, 2004 To: Rick Grigg, P.S.M. Engineering Services Department From: Linda A. Houtzer, Deputy Clerk Minutes & Records Department Re: Resolution 2004-58/ Resolution 2004-59 Enclosed please find recorded copies of the above referenced documents, Agenda Item #16A1 and Agenda Item #17A, as approved by the Board of County Commissioners on February 24, 2004. If you should have any questions, please contact me at: 774-8411. Thank you. Enclosure ""_n. .,-- 3350735 OR: 3509 PG: 1537 RBCORDBD in OPPICIAL RBCORDS of COLLIBR COURTY, PL 02/21/2004 at 08:59AM DWIGHT B. BROCK, CLBRK RBC FBB 28.50 COPIES 4.00 Retn: CLBRK TO 'HB BOARD IRTBROPPICB 4TH PLOOR BI' 1240 16111 RESOLUTION NO. 2004- 58 A RESOLUTION OF THE COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS FOR PETITION AVESMT2003-AR4981 TO DISCLAIM, RENOUNCE AND VACATE THE COUNTY'S AND THE PUBLIC'S INTEREST IN THE WATER RETENTION EASEMENT CONVEYED TO COLLIER COUNTY BY SEPARATE INSTRUMENT AND RECORDED IN OFFICIAL RECORD BOOK 808, PAGES l899 THROUGH 1900, AND IN THE DRAINAGE EASEMENT CONVEYED TO COLLIER COUNTY BY SEPARATE INSTRUMENT AND RECORDED IN OFFICIAL RECORD BOOK 808, PAGES 1901 THROUGH 1902, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. LOCATED IN SECTION l5, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA. WHEREAS, pursuant to Section 125.01(t), Florida Statutes, Cody B. Vaughan-Birch, Esq., from Henderson, Franklin, Starnes & Holt, P'A.' as agent for the petitioner, Imperial Golf Club, Inc., does hereby request the vacation of the Water Retention Easement conveyed to Collier County by separate instrument and recorded in Official Record Book 808, Pages l899 through 1900, and the Drainage Easement conveyed to Collier County by separate instrument and recorded in Official Record Book 808, Pages 1901 through 1902, Public Records of Collier County, Florida; and WHEREAS, the Board has this day held a public hearing to consider vacating the Water Retention Easement conveyed to Collier County by separate instrument and recorded in Official Record Book 808, Pages l899 through 1900, and the Drainage Easement conveyed to Collier County by separate instrument and recorded in Official Record Book 808, Pages 1901 through 1902, Public Records of Collier County, Florida; and WHEREAS, the granting of the vacation will not adversely affect the ownership or right of convenient access of other property owners. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the County's interests in the following described Water Retention Easement and Drainage Easement be and are disclaimed, renounced and hereby vacated, and this action is declared to be in the Public's interest and will provide a public benefit: See Exhibit "A" attached hereto and incorporated herein. -_..'.-- OR: 3509 PG: 1538 16Al BE IT FURTHER RESOLVED, that the Clerk to the Board is hereby directed to record a certified copy of this Resolution in the Official Records of Collier County, Florida. This Resolution is adopted this day of , 2004, after motion, second and majority vote favoring same. DATED: ~ '~=r()" ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA III 1\ \" II" "'!/t I ,\1 ~'" ,;~. .(rf d ...,\.\. A \..t'. "' ,... W."~ ~ i~? ,"'1',1 <... 'fl.""" ........~ t!J~ ''''.. ... _ ~..,...\~ ~ ,~. 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[;;~ Z l>1U0-l '1 '1 .u 01 '8 ~~ii IUZ 'J> Al 1"1 (") oonJ>t::lAl 0 1"1 >Vl[T1 AI- .. ....1"1 Al' 3: <:::c>< - Ii: (')~ z" ; -l [T1[T1::C 111 0 ;.. o ,~ -l ~ Vl[T153 ............ ~ III CD '1 ~ I S::-l_ U! . 1"1 ..... -l~-l t::l N I I I N 1"1 00 · J::uct 0 8'Tl~ ~== ~ >~ ~; lit 'tl ~~' 0 n 0. 0; ~ I\:) ~ .., ~-[ ::r .., CD 0 ~~ ~~ CIl CD 'cD .0' '0 o .... ~; ? ~ ; '!Ii ~~ F!- "---.- ^- MEMORANDUM 16A2 Date: February 25, 2004 To: Susan Murray, AICP Director Department of Zoning and Land Development Review From: Linda A. Houtzer, Deputy Clerk Minutes & Records Department Re: Carnival Permit 2004-02 Please find one copy of the above referenced document, Agenda Item #16A2, approved by the Board of County Commissioners on Tuesday, February 24, 2004. If you have any questions, please feel free to contact me at: (774-8411) . Thank you. Enclosure -". .~-.". Permit No. CP-2004-02 PERMIT FOR CARNIV AL EXHIBITION 16,42 STATE OF FLORIDA: COUNTY OF COLLIER: WHEREAS, Benny Starling, Executive Director of Immokalee Chamber of Commerce, has made application to the Board of County Commissioners of Collier County, Florida, for a permit to conduct a carnival and WHEREAS, Immokalee Chamber of Commerce, has presented to the Board sufficient evidence that all criteria for the issuance of a permit to conduct a carnival as set forth in Chapter 10, Article II, Amusements and Entertainments, of the Collier County Code have been satisfied and that such carnival will be conducted according to lawful requirements and conditions; and NOW, THEREFORE, THIS PERMIT IS HEREBY GRANTED TO IMMOKALEE CHAMBER OF COMMERCE, to conduct a carnival from February 26 through March 7, 2004, in accordance with the terms and conditions set forth in the petitioner's application and all related documents, attached hereto and incorporated herein for the following described property: (See attached Exhibit "A") WITNESS my hand as Chairman of said Board and Seal of said County, attested by the Clerk of Courts in and for said County this day of 2004. ATTEST: BOARD OF COUNTY COMMISSIONERS: DWIqJI~\\~;'~~:, CLERK COLLIER COUNTY, FLORIDA: ....,... ,,,,~ '"". ......~.....-.. t'J:.1\. If,.. , ~t".1!J' d4.~ c:./.c~::;<"'~ . ,:,,',,=':'.....'{~>:. - ~. ...\ \, I ~- .. ,\'",... ~ (!; ~' 4 ,'. \0'"-" - I Attea: ;~- . - "."," ~. DONN IA A, HAIRMAN sign-.~e on . , <...,'~' .::- Appr()veg)ls' to. ftMii:C-arid Legal S ,c. cftfu~: '", Patrick G. hit Assistant County Attorney Camy-04-AR-5367 Permit Item # II." A 'L Agenda :J..' J..,l/ '0 'I Date Date 9. 'i5 '0'/ Rec'd ~AJ1 J ~1~ eputy Clerk ~ l ' ~-,-~, -"' ... . = "_m_~,___ VULLoL" VU vu_.un. ~:~~y ~4~R~367 ~i'6' A 2 fliP (i) IMMOKALEE CHAMBER OF COMMERCE - -A-{!fJ C!- _ ~ ...... ef" ~r . o CARNIVAL OPERATION PETITION PETITION NO. CARNY-04-AR-5367 DATE: 7/9.'04 PETITlONER.~S NAME: Rpnny ~t-~rlin'J TELEPHONE: 997-3237 PETITIONER'S ADDRESS: Tmmok~lp-p- r.h~mhpr nf ~nmmer~Q 720 Morth 15th st PETITIONER"S E.MAIL ADDRESS: Immokalee,Fla 3414~AX# PROPERTY OWNER'S NAME: TELEPHONE: PROPERTY OWNER'S ADDRESS: OWNERS'S E-MAIL ADDRESS: FAX# LEGAL DESCRlTPION OF SUBJEcr PROPERTY: SQQ AQgrODoin.~ ChePklist GENERAL LOCATION: 110 Nnrt-h 1~t- ~t-rppt- - Tmmok.1Q~ CURRENT ZONING: NATURE OF PETITION: Carni".l THE FOLLOWING INFORMATION IS INCLUDED IN THIS PETITION. (FOR EXPLANATION, SEE NEX1' PAGE.) 3.a. 3.e.1 ) 3.e.4) 3.e. 7) 3.b. 3.e.2.) 3.e.S) 3.e.8) 3.e. 3.e.3) 3.e.6) 3.e.9) 3.d. Comments: SIGNATURE OF PETITIONER DATE REVIEWED by Board of County Commissioners: 2/24,'04 Approved: 0 Disapproved: 0 Conditions of Approval: SIGNATURE OF COUNTY ADMlNISTRATOR Exhibit "A" ~_..._._"--_._---_.._.- -._--- - ..-.__._--~-- , T~.', . - . 16.A2 CARNIV AL OPERATION PETITION TO Bee - (EXCERPT FROM: Ordiance No. 75-11, Filed Secretary of State 3/6/75) ... :',' ".: ',.,.... .. ........ "," 3a. Letter enclosed 3b. Letter enclosed 3c. Check made to BCC for $ 275.00 3d. Permit enclosed ($125.00 Tolve Presentations, Inc.) 3e (1) Tolve Presentations, Inc! Owner of Carnival 269 Orient Way Lyndhurtst, N.J. 07071 305-975-8249 Stephen Tolve Immokalee Chamber of Commerce / Sponsor 720 North 15th Street Immokalee, Florida 34142 239-657 -3237 Benny Starling! Executive Director of ICOC Fred Gadston dba ! Fred's Drive- Thru / Land Owner for Carnival 110 North 1st Street (Corner of Main Street-Hwy 29) and st . North 1 Street Immokalee, Florida 34142 \ Fred Gadston 239-657-2381 (2) Carnival Event (3) Stephen Tolve - 135-60-2350 Fred Gadston - 445-40-4718 Benny Starling - 261-70-1300 CARNY -04-AR-5367 :) IMMOKALEE CHAMBER OF COMMERCE 'j' -..'-.----.." . , 16A2 (4) Tolve Presentations said lighting is not a problem with the lights they provide with the Carnival. Public water will be furnished by Owner of the land, Fred Gadston / Fred's Drive- Thru. Parking will be provided by land North of designated site. Sanitary facilities will be provided from T &M Port-o-Iet Service, Labelle, Florida. The units will include I-Handicap, 5 Men and 5 Women. (Sheet is included in this report) (5) Application is not required from ICOC. Tony Posa(l- 800-226-7356) from H & R in Ft. Myers said the Chamber does not have to have a Temporary Food Service Permit. If inspected he said that each vendor at the fair will have to buy a permit ($105.00) or Tolve Presentations, Inc. will purchase one for all the operations at the Carnival. (6) Ed Gilman from Florida Department of Health (239-403- 2499) said the ICOC did not have to have a permit, only Tolve Presentations if they were holding sewage. Im- mokalee Disposal will be taking care of the garbage pick up service for the ICOC. Enclosed you will find a copy of what has been ordered. (7) Lt. Mike Dolan of the Immokalee Sub-Station will provide traffic thru the local department. Sgt. Robert Asbel, Jr. will be the rep. from the ICOC to the Sheriffs Department in Immokalee. Ag- Watch Security will provide the security for each evening of the carnival. Don Crabtree - 239-657-3404. Letter enclosed from fire marshal Leo Rodgers. (8) The Tolv~ Presentation, Inc. Carnival will operate as follows: Feb. 26....6 to midnight ..-,...---- -,------ 16A2 Feb. 27....6 to 1 a.m. Feb. 28.. ..noon to 1 a.m. Feb. 29.. ..noon to 1 a.m. Mar. 1....6 to midnight Mar. 2....6 to midnight Mar. 3....6 to midnight Mar. 4....6 to midnight Mar. 5....6 to 1 a.m. Mar. 6.. ..noon to 1 a.m. Mar. 7....noon to 1 a.m. (9) Letter included from property owner, Fred Gadston / Fred's Drive Thru to use his property for ICOC Carnival - 2004 Harvest Festival Fiesta. (10) Legal Description of land used for the event: Block B-Lots 5-6-7-8-9-10-11-12-13-14-15-16-17-18-19 Less South 20' of Lot 9 thru 16 - Immokalee Sub Division Folio # 5119012001 Block B- Lots 17 & 18 Less Roadway Folio # 51190160003 Block B- Lots 19-20-21-22-23-24 Less South 20' Roadway Folio # 51190200002 -~_.__.~-.- -. -- -.-- ,------<p---- IgJUUlIUU4 - -_.- - - --- . . CARNY-04-AR-5367 16A2 IMMOKALEE CHAMBER OF COMMERCE - ADDRESSING CHECKLIST Please complete the following and submit to the Addressing Section for Review. Not all items will apply to every project. Items in bold type are required. 1. 2. 3. , 4. Location map. showing exact location ofprojectlsite in relation to nearest public road right-of-way (attach) 5. Copy of survey (NEEDED ONI.. Y FOR UNPLATTED PROPERTIES) 6. Proposed project name (if applicable) ~ ('Ar<~/VP L- rM'l-\. CJ.,t..~6c h:.- ~~ h\ e/2,t!.-e., 7. Proposed Street names (if applicah)e) ee:( , /I~ NtJ~'TH /~ <:'y..R ~ 1??J9. ~ 1'\1 . 8. Site Development Plan Number (FOR EXISTING PROJECTS/SITES ONL Y) SDP - 9. Petition Type - (Complete a separate Addressing Checklist for each Petition Type) DSDP (Site Development Plan) o PPL (plans & Plat Review) DSDP A (SDP Amendment) o PSP (preliminary Subdivision Plat) o SDPI (SDP Insubstantial Change) o FP (Final Plat) o SIP (Site Improvement Plan) o LLA (Lot Line Adjustment) o SIPA (SIP Amendment) o BL (Blasting Permit) o SNR (Street Name Change) o ROW (Right-of-Way Permit) o VegetationlExotic (Veg. Removal Permits) o EXP (Excavation Permit) o Land Use Petition (Variance, Conditional Use, D VRSFP (Veg. Removal & Site Fill Permit) Boat Dock Ext., Rezone. PUD rezone, etc.) o Other - Describe: C 4/.2. ,IV, u ~l- 10. Project or development names proposed for, Or already appearing in, condominium documents (if applicable; indicate whether proposed or existing) 11. Pleas~ Check One: 0 ~Ei~~o be Faxed Back 0 Personally Picked Up 12. ~ppbcaDt Name ~e~,~'~S';~~l_' /\~~ . Phone231-"1"7- r~ax B1...-(JS7..rf..(""0 13. SIgnature on Addr6Ssmg Chec st does notconstl te Project and/or Street Name approval and is subjectto further review by the Addressing Section. FOR STAFF USE ONLY Primary Number 13Lr 3 \ g AddressNumber /3l+3C-.1 Address Number . 134-- "2,z..c Approved by ..d11L '--;-<....1' fJ1. flf.,O /V1 Date 0 7_ - "G. - 0 c:: Address Number 13. 4- ~ z. 'Z., 34-2-35c:r Revised 3-21-01 R E: FEB n I; 2004 _.,-- -_.._._,~-".- . . -,,-- _.-.--- p.2 ~ .. , ~4eriff ~1l1t ~u1tter 16A; Collier County Sheriff's Office 3301 Tamiami Trail East Building "J" Naples, FL 34112 Telephone (AC 941) 774-4434 February 6, 2004 Immokalee Chamber of Commerce 720 N. 1511I Street Immokalee, FL 34142 Dear Mr. Starling, This letter is to contino that I have been advised of the upcoming 2004 Harvest Festival Block Party Fiesta that will be held, on Saturday, March 6, 2004 starting at Sam and closing on Sunday, March 7, 2004 at midnight. You will need to arrange for special contract deputies or outside security for full time dedication for this event. For further information on contract deputies, you may contact our Special Services Bureau at 774-4434. As time penn its, deputies will also be visible at the fair, however, it would be advisable to inform vendors that security measures for their property is their responsibility. Please be advised that fair personnel need to adhere to county and state compliance on an local Collier County Ordinances and Florida State Statues. MD/jk ..".-. _._._---- .....--- -....-. ro. 1 , 16A ~ r- LA FAVORITA BAKERY, INC. 121 NORTH 1ST STREET IMMOKALEE, FLORIDA 34142 239-657-2992 PABLO GRIMALDO February 4, 2004 ImmokaIee Chamber of Commerce 720 North 15th Street Immokalee, Florida 34142 Dear Mr. Starling, On behalf of myself and my family we would like to inform the Immokalee Chamber of Commerce that you may use our property for r' parking during the Fair and Harvest Festival 2004 event. Our property is located just north of Fred's Drive- Thru where you are having the Country Fair from February 26th thru March 7th. The North end of our property is at Oak Street and runs down North 1 st Street to Fred's Drive Thru. I understand that the Immokalee Chamber of Commerce has insurance that will cover anything that happens during the Harvest Festival on our property. We wish you all the very best on your 39th Harvest Festival "Fiesta 2004". Sincerely, ~~~ Pablo Grimaldo r- ^--'.-.---- _v_'_,,',,_ 16A~ FRED'S DRIVE-THRU 110 NORTH 15TH STREET IMMOKALEE, FLORIDA 34142 239-657-2381 February 3, 2004 Immokalee Chamber of Commerce 720 N. 15th Street Immokalee, Florida 34142 Dear Benny, This is a letter to inform the Immokalee Chamber of Commerce of the charge for the property from February 26 thru March 7th at a rate total of $1,500.00. Also to be included with this contract is a $200.00 water charge for 2003 and 2004. The property that is being used from me is Block BLots 5 thru 16 of Immokalee Sub Division. Also Block B - Lots 17 thru 24 of Immokalee Sub Division. The address of the said property is liON. 1st Street and Corner of Main Street. Tolve Presentations, Inc. will provide a carnival for a 11 day period and the Immokalee Chamber of Commerce will be the sponsor for the event. Insurance will be provided by Tolve Presentations and the Immokalee Chamber of Commerce. If you have any questions please feel free to give me a call. r;;::ll'~ Fred Gadston/ Fred's Drive- Thru ._._~- ~_..__._- . 16A2 Immokalee Disposal Company, Inc. 120 Jefferson Avenue Immokalee, Florida 34142 (239) 657-2729 (239) 657-7478 Fax February 2, 2004 Immokalee Chamber of Commerce 720 North 15th Street Immokalee, Florida 34142 To Whom It May Concern: This letter is to verify that garbage pick up service will be provided for the following event: Immokalee Chamber of Commerce Fair February 25th thru March th, 2004 Location: Corner of Main Street & 1 st Street Immokalee, Florida Container type & frequency: 20 Yard roll-off containers & Paper bins and liners for 1 st thru 6th Street - Pick up upon request If you have any questions, please contract me at the number shown above. ~relY' lk~~ ~ mda Collins --....., Fe b 02 2004 2: 1 7 P.M F\ L LIE D S PEe I A L T V INS U RAN C 727 - 3 S 7 - 1 407 p. 1 . ......;~<-...,... 16 n ' . . ~ 'I ~ /:<' A~;=-' ~ ALLIED AlW-liIii1ll'~"M~ elL-aO February 2, 2004 IMMOKALEE CHAMBER OF COMMERCE 239-657-5450 RE: Certificates of Insurance Dear SPOONER INS. 239-657-3082 Enclosed is an original and/or a duplicate Certificate of Insurance. Thank you for the opportunity to serve you. If you have any questions please feel free to contact me anytime. Sincerely, ~JG,~~ David Gallace Account Executive Enclosure ALLIED SPECIALTY INSURANCE, INC. 10451 Gulf Boulevard, Treasure Island, Florida 33706.727367-6900 · 1 800 237-3355. FAX 727367-1407 ^-.--.---- --- F@b 02 2004 2: 1 7 P.M f-!LLl~U SI-'~CIHLIY INSUI<HNC '(~'( -:,:Hj'( -1 "tU( . ~ ~ ~ t. DA7I1 Acopn,. CERTIFICA TEOF LI BILITY I RANCE 2/02/04 I'ItODUCER A ~ed Spec~a ty Insurance, Inc THIS CERTIFICATE IS ISSUED AS A MATTER OF INJlORMAlION 10451 Gulf Blvd. ONLY AND CONFERS NO RIGHTS UPON THE CERnFICATE Treasure Island, FL 33706 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 800/237-3355 INSURERS AFFORDING COVERAGE NAIC' - To1ve Presentat~on6, Inc. IN8lJRERA: T. H . E . Insurance DBA: Third Generation INSUN!R It. 8628 Constitution Drive lNSUl'lE II c: Homestead FL 33034 INlIUItER D: E: THE POl.lCIES OF INSURANCE USTED BELaoNl+\VE BEEN ISSUED 10 THE INSURED NAMED ABOVE FOR 'THE POLICY PERIOI) INDICATED, NOTWITHSTANDING ANY REOOIREMENT. TERM ~ CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WIlli RESPECT TO VllHICH 1HIS CERTlfICA1E MAY BE ISSUED OR MAY PERTAIN. THE INSURAN~AFFORDED BY THE POLICIES DESCRlBED HEREIN 18 8tJ8JECT TO AU.. THE TERMS. exa.USIONS ANC OONDITIONS OF SUCH POLICIES. AGGREGATE UMlTS SHOW\! MAY WtVE BEEN REDUCED BY PAlO CLAIMS. . ___ N'- JOOlJCY EFFEClM! PaJCY ~11ON LIIIn I ~ UUU1Y EACH OCCURRENCE . 1, 000, 000 :A X COIIMEACI4LOENERALLlAIIII.llY M3MF8120 04/17/03 04/17/04 ~~TORENTEll s 50,000 ~D CLAllil&......oe 00 OCCUR IEDEXP'Mwonl-I S '-- PE IlllONAl. .. NJY I NJUR'I" . 1,000,000 - ~RAL AntlHlJATE .10,000,000 ~AOORl!r;LJIj~~ . S 1,000,000 , IInI It!\' ~".2; I ~ .A...Il1OII08I..IlUlaJTY COMBINED SINGLE. UIiIT $ Nl'f IIUTO Ce. IICCidlrlO i-'- ~ ....L QlMftO AurOI IODR.. Y aIUR'I" (P..penonl $ I-- 8CHEDUlEDAUTOS I-- HREDAUTOI IIOOIL Y INJURY (p"-cl $ - NON.ov.N:D AIJl'OS I-- PROPI!Im' ~ $ tp.,-.) =F~~ AlITOONLY. E:AACClOI!NT . NW AUTO 0TtleR THAN IAACC . AUTO ONLY: MOl> & UC5tM1M_UA I.IARIT't EI\oCHOCCU~~EHCIE $ :J OCCUR D WlIi!SWADE AOGftEGll.TE $ I . RDEOUCTlet.e . RETENTION . . IIIWOMIRII COIIPEItIA 1lClN_ I VIe &TAro. I I ~ !W'LOYIN'LWIIUlY E,L EACH &l!eIDRHT . IW'f PIIOf'RIET~PNnlilEFM::XEc:UT'1IE CIl'I'ICE_IlEII VIClUDED'I E.L, DISEASE . iA EllPI..OYU . I !!L~,~~ IN'" I . I "''''''...._ rr I. ~ DEK'RPllON OF o.uA1IONS/LOCATlONS/WHIClUI dCUllIONI ADIlEIl8Y IENOOMBlIDIT 11P~1. P'IlOI/JlIIOIlI EVENT DATES: 2/21104 through 3/12/04 (INCLUDES SET-UP AND TEAR DOWN) ADDITIONAL INSURED: IMMOKALEE CHAMBER OF COMMERCE EVENT : FIESTA 2004 EVENT LOCATION: CORNER OF 1ST AND MAIN IMMOKALEB, FL IMMOKALEE CHAMBER OF COMMERCE IItClULD Nn' OF ,.. AIIOlIEll&CIlaR roue.. . ~ I It" IlEFORI. nlE ElIPlMllClN lMTI ntllWOP. 'ltlE1UUING ,_ MILL -..DIAVOIt 1'01ML ~ DAYaWRmD ~ 10 111&: CIRTlFlCAlE HCIIJlEK NAilED 10 nlE LIFT. 8UTFM.U1lI! TO DO 10 ItWL ~ NO OIll..IIMllCN OR LIAaLl1Y Of NIT IUIID UPON 111. ----. III AOSIlll OR A.CORD 26 (2001108) M~"_'___",",_ ~_.,..-,,,._-~---,- - ~--- Parcel Page 1 of 1 16A2 Collier County Tax Collector 3301 Tamiami Trail East, Naples, FL 34112-4997 COLLIER COUNTY OCCUPATIONAL LICENSE BUSINESS INFORMATION I OWNER INFORMATION License #:11002085 I Name 1:IlTOLVE, JOHN M Name:!ITOLVE PRESENTATIONS, INC Name 2:11 DBA:1l Address 1 :lIsAME Location:!I269 ORIENT WAY Address 2:11 Zoned: II City, State Zip:IICOUNTY FAIRGROUND Mail 1:11269 ORIENT WAY Phone:11 Mail 2:11 ICity , State ZiP:lIL YNDHURST, NJ 07071-0000 I Phone:1!201-933-3388 I code:1l01800001 IIDescriPtionllclRcus BDG CIRCUS, CARNIVAL, SIDE SHOW I County Lic:IDI Category: I TRAVELING SHOW,CARNIVALS ** LICENSE IS PAID ** GDG SIDE SHOW-BCC ** LICENSE IS OPEN ** APPR,CARN-7 DAYS ~----~ ?& i~ < A, ,(i~ /; '" ;. oW I ~'t.... """'''' .iV"'"t:. U -.-- -~- ---- -- ---- --- -- http://www.colliertax.comlOccupationalLicenselRecordDetail. asp ?LicenseNumber=00208 5 2/4/2004 ^'.-,.--.-. ._._~.".- ----,.-- ----, ,..-"'.--- r~o.u~ ~vu~ !~;~, ~~~Vvf3~U~ .IHU\'''/~Q.a.,;,:;;; .. ..1.';0; -.,....V'.... n_'" ... ............,......_ 16A2 I.MMOKALEE FIRE CONTROL DISTRICT ~1 E. NEW MI\JU<ET ROAD, '~'Mf}K"U;J;, FLORIDA 34141 February 3, 2004 Henny Starling ChwnberofConun~e 120 N. 15th Sl. Jmmoknlee, FI. 34142 Reference: Chamber of Commerce Harvest Festival Fair. ]]0 N. 1'" St. February 25$ through March 7''', 2004 Dear Mr. StarJjng, J have reviewed the above referenced event locatKm. The propeny is within the ImmokaJee Fire Control District's boundaries. Fire protection and inspection services will be provided in this area to the best of our ability. If you have ony questions, feel.&ee to call me at (239) 657-2700 .." l.eo F. Rodgers Fire Ma.rshal GENl:1tAL ()F.F/C~ (941) 657.2111 FIRE 1'lU: v LNTlON (941) 657.2700 I,:A}{ (Y41) (,57-94119 .-.-,-- -~."'-, _'~h____'_'___'___'__ --.-- V'"lV,"',"VV'" , , .... '- I' "~ ....-- -. - ,... "C,;,I" ., . . .-- r' "-'-" . -~-_.- i6A T & M P'(trtable Rcstrooms, Inc. Invoice PO Box 610 ..---.. .-.- -. . LaBeUe. FL 33975 Number: 11563 (!So3) 675-1643 Date: 02.Feb-2004 P.O. Number: . _J BILL TO JOB SITE -, f--." -. " ,-,- Immokalee Chamber of Commerce Harvest Festival 720 North 15th Streel: 720 North 15th Street Immokalee. FL 34142 lmmokalee, FL 34142 . . . From => To Duration Unlt/Service Type Quantity Price/Per Tax'! Extension . . 02-F!!b-2004 _> 02.Feb.2004 OADA 1 $200,00 ~ 5200.00 02-Fab.2004 => 02-Feb-2004 o Standard Unit 10 $100.00 I~I $1,000,00 5 male units & 5 female unlls 0;Z-Feb-2004 "'> 02.Feb-2004 o Discount 1 ($10000) '-.1 ($100,00) LJ Donation for the Harvest Festival , Subtotal NonTaxed: ($100.00) Tax Rate Description Subtotal Taxable Rental: $1,200.00 6 Collier Rental Tax: $72.00 Please Pay: $1,172.00 Payment Terms: Nel10 days ~H~' fJpv'1U} . . . Your bus;nes s is apprecla/E>:ll Past aue accounts .lre I;hllf!Jed 15% pef month Of 16% annually -..<...--,. ~"........ - ................ 16A2 - urn ~Olll. ~ ........... lC~1rC 1I1E .w......=.:.=.=;=;=;=;=;.;.;.:........ P~ut~M IACU ;w........ - . N , ~ '. tJ AIRPOH T . , \ " . . I 0 I .. ,.~'. . -_.~. (YlA P ~~ iD '- v'E ,;:::'A-/.12.. - ;L In /Yl" )~ ~Le e. 6tfA-y"tf~eJe- tOP Oomf}<e;e.C.E - NQ, ,;2" -f:i:, +l.eu fh{:t~~H q+~ 16 A ; ~ ,cR~D5 DRIVe. rrl"- e ~ ..., -..l . . " 1 ~.... ~....' ').. 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""t-~ t\-'l1_IO) "". , _____e _~" 7 n-II-II" """.________,,___ . 16A3 . , - CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION IMPROVEMENTS PRIOR TO RECORDING OF PLAT THIS CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDNISION IMPROVEMENTS PRIOR TO RECORDING OF PLAT AGREEMENT entered into this l day of Fp h r Li C I'll . 2005 between William T. Higgs . hereinafter referred to as "Developer," and'the Board of County Commissioners of Collier County, Florida, hereinafter referred to as the "Board." RECITALS: 1. Developer has, simultaneously with the delivery of this Agreement, applied for the approval by the Board of a certain plat of a subdivision to be known as: White Lake Corporate Park. Phase Four. 2. Division 3.2 of the Collier County Land Development Code requires the. Developer to construct the improvements required by said subdivision regulations prior to recording the final plat. NOW, THEREFORE, in consideration of the foregoing premises and mutual covenants hereinafter set forth, Developer and the Board do hereby covenant and agree as follows: 1. Developer will cause to be constructed: A 5 lot subdivision on 6.93 acres, which includes: Roadwork, Storm Drainage, Sanitary Sewer, Potable Water, and Earthwork within 18 months from the date of approval said subdivision plat, said improvements hereinafter referred to as the required improvements. 2. Developer herewith agrees to construct said improvements prior to recording said subdivision plat and the Board of County Commissioners shall not approve the plat for recording until said improvements have been completed. 3. Upon completion of said improvements, the Developer shall tender its subdivision performance security in the amount of$13.380.19. which represents ten (10) percent of the total contract cost to complete construction. Upon receipt of said subdivision performance security by the Development Services Director, the Developer may request the Board of County Commissioners to approve the subdivision plat for recording and grant preliminary approval of said plat. 4. The required improvements shall not be considered complete until a statement of substantial completion by Developer's Engineer along with the final project records have been furnished to be reviewed and approved by the Development Services Director for compliance with the Collier County Land Development Code. 5. The Development Services Director shall, within sixty (60) days of receipt of the statement of substantial completion, either: a) notify the Developer in writing of his preliminary approval of the improvements; or b) notify the Developer in writing of his refusal to approve the improvements, therewith specifying those conditions which the Developer must fulfill in order to obtain the Director's approval of the improvements. However, in no event shall the Development Services Director refuse preliminary approval of the improvements if they are in fact constructed and submitted for approval in accordance with the requirements of this Agreement. 6. The Developer shall maintain all required improvements for a minimum period of one (1) year after preliminary approval by the Development Services Director. After the one (1) year " .~._- --_.> _.....~.. -.-...-- -...- 16A3 maintenance period by the Developer has terminated, the Developer shall petition the Development Services Director ,to inspect the required improvements. The Development Services Director or his assignee shall inspect the improvements and, if found to still be in compliance with the Collier Comity Land Development Code as reflected by final approval by the Board, the Board shall release the ten (10) percent subdivision performance security. The Developer's responsibility for maintenance of the required improvements shall continue unless or until the Board accepts maintenance responsibility for the County. 7. In the event the Developer shall fail or neglect to fulfill its obligation under this Agreement, upon certification of such failure, the County Administrator may call upon the subdivision performance security to secure satisfactory completion, repair, and maintenance of the required improvements. The Board shall have the right to construct and maintain, or cause to be constructed or maintained, pursuant to public advertisement and receipt of acceptable bids, the improvements required herein. The Developer, as principal under the subdivision improvement security, shall be liable to pay and to indemnify the Board thereof, including, but not limited to, engineering, legal and contingent costs, together with any damages, either direct or consequential, which the Board may sustain on account of the failure of the Developer to fulfill all of the provisions of this Agreement. 8. All of the terms, covenants and conditions herein are and shall be binding upon the Developer and the respective successors IN WITNESS WHEREOF, the Board and the Developer have caused this Agreement to be executed by their duly authorized representatives this 1 [f} day of H/t)r U. (l 1'1 i , 2005 ' . ) SIGNED, SEALED AND DELNERED IN THE PRESENCE OF: , ( "7: O:::-',~ G J C)CU) (Q/C By: J ;"L( LtJG r=. LC'I n ("fine William T. Higgs Printed or Typed Name Printed or Typed Name , ~L.~ ..{. 6,!Ji.J _C { z_nr rr Title P.:e.rt?{ l~ L-. Conk:- Printed or yped Name .) .,~ '~i/,.;; ~:~~, ATTEST:. "'.. ""...,,~~'. ". BOARD OF COUNTY COMMISSIONERS OF ;WI~~fi~:f~\~1ERK COLLIERil,:ORIDA_ -'r'~ d~ I" ;~. "-"".!i.,.i:.< ':. -- ," reaR S ~ ..a.CBy: . _. .. . ,~/ .-Id..... ,rJ~~t ~.~, l' -:D.o~..l. ,\i ':"-.. ,+- \11 ~J<< ; Q-A. \ r't....tJ--.. '. ",?~1ga.tW~\. · I Approv .If as:]:l'J 1'6hU and legal sufficiency: ,OJ. ~~Jq .J' "l~ . ~ PLett U Assistant County Attorney ""-'~-~"""""... ,---~^^" ..____..n ,,_.. 16A3 First National Banl< of Florida Post Office Box 413043 · Naples, Florida 34101-304: (239) 262-7601 Irrevocable Standby Letter of Credit No. 02-05-0404 Issuer: First National Bank of Florida 2150 Goodlette Road North Letter of Credit Dept._2nd Floor Naples, FL 34102 Place of Expirv: At Issuer's counters Date of Expirv: This Letter of Credit shall be valid until February 2, 2006, and shall thereafter be automatically renewed for successive one-year periods on the anniversary of its issue unless at least sixty (60) days prior to any such anniversary date, the issuer notifies the Beneficiary in writing by Certified Mail that the issuer elects not to so renew this Credit. Applicant: William T. Higgs (hereinafter "Applicant") 2666 Airport Road South Naples, FL 34112 Beneficiarv: The Board of County Commissioners, Collier County, Florida (hereinafter "Beneficiary") c/o Office of the County Attorney, Collier County Courthouse Complex, Naples, Florida. Amount: $13,380.20 (U.S.) up to an aggregate thereof Credit Available With: Issuer. Bv: Payment against documents detailed herein and Beneficiary's drafts at sight drawn on the Issuer. Documents Required: Available by Beneficiary's Draft(s) at sight drawn on the Issuer and accompanied by the Beneficiary's statement purportedly signed by the County Manager, certifying that: "William T Higgs has failed to construct and/or maintain the improvements associated with that certain plat of a subdivision known as White Lake Corporate Park or a final inspection satisfactory to Collier County has not been performed prior to the date of expiry, and satisfactory alternative performance security has not been provided to and formally accepted by the Beneficiary." "Relationships Built On Trust"T... ~ .-- -,~, _.._."._^.,_.,~._--_.,-,.,.- - ---~-"-,.-,---,.. 16A3 - Drafts Drawn Under This Letter Of Credit Must Be Marked: "Drawn under First National Bank of Florida Letter of Credit No. 02-05-0404 dated February 2, 2005." The original Letter of Credit and all amendments, if any, must be presented for proper endorsement. This Letter of Credit sets forth in full the terms of the Issuer's undertaking and such undertaking shall not in any way be modified, amended, or amplified by reference to any document, instrument, or agreement referenced to herein or in which this Letter of Credit relates, and any such references shall not be deemed to incorporate herein by reference any document, instrument or agreement. Issuer hereby engages with Beneficiary that draft(s) drawn under and in compliance with the terms of this Credit will be duly honored by Issuer if presented within the validity of the Credit. This Credit is subject to the Uniform Customs and Practice for Documentary Credits (1983 Revision) International Chamber of Commerce Publication No. 400. [- LV! l}i fYr--!} SV'p Commerci 1 Lending - ""--'-~---- - ---"~~ .'-- 16A3 "RWTANC En!:,Tineers, CON SUL TIN G Surveyors &. Mappers, --- ~ YY..L ..... Planners, & Project MMlagers WHITE LAKE CORPORATE PARK PHASE FOUR OPINION OF PROBABLE COST SUMMARY SANITARY SEWER $21,538.00 POTABLE WATER $20,015.76 STORM DRAINAGE $24,604.53 PAVING $36,902.20 EARTHWORK AND CLEARING $24,741.43 STREET LIGHTING $6,000.00 TOTAL $133,801.92 :;;", ' \'t, ::.t ~i'/; ~J,+" ';\fill'"':';( '~.. jbI~\:=~:~' ,t;~\\~\,nu.,!;." ""lel'il'),b" ~~ r~., t ~ - " ,', /", ~"\)f. ,I, \: "')'3f)~"'''t;~~,;~/'-'' "~. "to:,. :. ~v .~.J\fICj\;: ;j'" ,r/ ~ ~ ---...,. ,\ .:., ~). _ ,-': _ .0:.:. ,.,~ 'OJ' . ," ':"''/' Ii' '" ' ,> "'11 ,'" ," ,".; """" ii' "" 4~7'\~' j");?" Al:~>'" 1 ~t '~:,~;~ ,:,~1'~ """ '>> p, r'r "C L' ,. ~', t~ :J .J.. ,J;~ ,'j; ~,,,~t: "~;>..", ",," i'J ~~ /.,~11 ,," br' , "0,, ,':bO'i,\O ." ,f''')'' " G~"~ '''-'-'-. ," ,.- '1:,;,. .,,' '. "lotH.OO :~," 'I~ {-...... ,,- ". " "/~, '. , '/()'~ ;\\.. : J J:>' lA. ..' -, . l' ,'." ... White Lake Phase 4 Revised Opininon of Probable Cost' " '"" ~_.. ,.',,,,,> ._,_." "".~.,.- 16A3 UWTA~C. Engineers, CONSULTING- SUITeyors & Mappers} --- '- y Y..J.. ..... Pbnners, & Project Managers OPINION OF PROBABLE COST Project: White Lake Corporate Park, Phase Four (02-0171) Estimated By: Paul Beatty Checked By: John S. Williams SANIT ARY SEWER I DESCRIPTION I UNIT I QUANTITY I UNIT I TOTAL I COST 8" PVC Gravity Sewer 0'-6' Cut LF 706 $13.00 $9,178.00 Sanitary Sewer Manholes 6'-8' Cut EA 4 $2,000.00 $8,000.00 Single Clean Out EA 5 $250.00 $1,250.00 6" PVC Sanitary Sewer Laterals LF 161 $10.00 $1,610,00 Television Inspection LS 1 $1,500.00 $1,500.00 Sanitary Sewer Sub-Total $21,538.00 White Lake Phase 4 Revised Opininon of Probable Cost - -_..._....~ .._"----_.-.- 16A3 nWTA~C' Engineers, , CONSULTING, Surveyors & Mappers, ---... W' Y ~ ..... Planners, & Project Mimagers OPINION OF PROBABLE COST Project: White Lake Corporate Park. Phase Four (02-0171) Estimated By: Paul Beatty Checked By: John S. Williams POTABLE WATER I DESCRIPTION I UNIT I QUANTITY I UNIT I TOTAL I COST 10" PVC Water Main (C-900, Class 150, DR 18) LF 383 $17.62 $6,748.46 10" Gate Valve w/Box EA 1 $963.90 $963.90 8" DR14 Service with 8" Gate Valve and Mag. Locator LF 52 $105.00 $5,460.00 8" Service with 8" Gate Valve and Mag. Locator LF 28 $97.45 $2,728.60 Hydrant Assembly EA 1 $2,057.40 $2,057.40 Flushing Hydrant Assembly EA 1 $2,057.40 $2,057.40 Potable Water Sub-Total 520,015.76 White Lake Phase 4 Revised Opininon of Probable Cost '"-"'~ ,-.-------...- - ------,_.- -~-.-- 16A3 ~WT^Nc. Engineers, CONSULTING- Surveyors & Mappers; ..... .... y 'I'..L ~ Planners, & Project Managers OPINION OF PROBABLE COST Project: White Lake Corporate Park, Phase Four (02-0171) Estimated By: Paul Beatty Checked By: John S. Williams STORM DRAINAGE I DESCRIPTION I UNIT I QUANTITY I UNIT I TOTAL I COST Valley Gutter Inlets EA 2 $1,984.50 $3,969.00 Junction Box EA 1 $974.03 $974.03 18" RCP LF 26 $21.25 $552.50 24" RCP LF 365 $30.60 $11,169,00 36" RCP LF 110 $51.00 $5,610.00 36" Mitered End EA 2 $1,165.00 $2,330,00 Storm Drainage Sub-Total $24,604.53 White Lake Phase 4 Revised Opininon of Probable Cost _._w, ""no, ..,._.~'-..~" - ,.....~~." 16A3 l1WT^~C. Engineers, CONSULTING. Surveyors & Mappers, --- '- .. .,...J.. ..... Planners, & Project Managers OPINION OF PROBABLE COST Project: White Lake Corporate Park, Phase Four (02-0171) Estimated By: Paul Beatty Checked By: John S. Williams PAVING & GRADING I DESCRIPTION I UNIT ! QUANTITY! UNIT ! TOTAL I COST 3" Asphaltic Concrete, Type S-I SY 1,544 $6.00 $9,264.00 8" Limerock Base SY 1,544 $5.75 $8,878.00 12" Stabilized Subgrade SY 1,799 $1.80 $3,238.20 Type "F" Curb LF 248 $8.00 $1,984.00 5' Concrete Sidewalk SY 371 $9.00 $3,339.00 2' Valley Gutter LF 1,252 $5.75 $7,199.00 Signage and Striping LS 1 $3,000.00 $3,000.00 Paving Sub-Total $36,902.20 White Lake Phase 4 Revised Opininon of Probable Cost ----,.... - _..~._-~ 16A3 nWT^~c. Engineers, CONSUl :rTNG. Surveyors & Mappers! --- .... y Y..J.. ___ Planners, & Project Managers OPINION OF PROBABLE COST Project: White Lake Corporate Park, Phase Four (02-0171) Estimated By: Paul Beatty Checked By: John S. Williams Earthwork and Clearin DESCRIPTION QUANTITY UNIT TOTAL COST Right of Way Earthwork LS 1 $21,872.00 $21,872.00 Clearing Right of Way AC 0.52 $5,518.13 $2,869.43 Earthwork and Clearing Sub-Total $24,741.43 White Lake Phase 4 Revised Opininon of Probable Cost .......- . -...........,-.....-......,.-.....-., -... ..-,-,~--- .-.--". 16A3 nWT^~c. ~:ngineers, CONSUL,TING, Surveyors & Mappers, --- ... y Y..J.. .... Planners, & Project Managers OPINION OF PROBABLE COST Project: White Lake Corporate Park, Phase Four (02-0171) Estimated By: Paul Beatty Checked By: John S. Williams DESCRIPTION QUANTITY UNIT TOTAL COST Street Lighting EA 3 $2,000.00 $6,000.00 Street Lighting Sub-Total $6,000.00 White Lake Phase 4 Revised Opininon of Probable Cost ,--,.,._~,-~-'"_..~".".~,,~.., ,-~.- "" ~'h".<>n_'_______'~_"_ ~ -.. --"^"__,_--~_"._,,,,,,'-'--~"----"-"'-"- -~. 16A4 CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION IMPROVEMENTS THIS CONSTRUCTION AND MAINTENANCE AGREEMENT for SUBDIVISION IMPROVEMENTS, entered into this ~ day of , 2004 between MSM DEVELOPMENT, LLC. hereinafter re erred to as "Developer' the Board of County Commissioners of Collier County, Florida, hereinafter referred to "The Board". RECITALS 1. Developer has, simultaneously with the delivery of this Agreement, applied for the approval by the Board of a certain plat of subdivision to be known as: TERRABELLA OF PELICAN MARSH - UNIT TWO 2. Division 3.2 of the Collier County Land Development Code requires the Developer to post appropriate guarantees for the construction of the improvements required by said subdivision regulations, said guarantees to be incorporated in a bonded agreement for the construction of the required improvements. NOW, THEREFORE, in consideration of the foregoing premises and mutual covenants hereinafter set forth, Developer and the Board do hereby covenant and agree as follows: 1. Developer will cause to be constructed: Water, sewer, drainage, access, buffer and lighting infrastructure serving TERRABELLA OF PELICAN MARSH - UNIT TWO within 36 months from the date of approval of said subdivision plat, said improvements herein after referred to as the required improvements. 2. Developer herewith tenders its subdivision performance security (attached hereto as Exhibit "A" and by reference made a part thereof) in the amount of $34.894.80, which amount represents 10% of the total contract cost to complete construction plus 100% of the estimated cost to complete the required improvements at the date of this Agreement. 3. In the event of default by the Developer or failure of the Developer to complete such improvements within the time required by the Land Development Code, Collier County may call upon the subdivision performance security to insure satisfactory completion of the required improvements. 4. The required improvements shall not be considered complete until a statement of substantial completion by Developer's engineer along with the final project records have been furnished to be reviewed and approved by the Development Services Director for compliance with the Collier County Land Development Code. 1 ..._...",,~,."- -" ~.,----.- -., -.. . 16A4'" .i I I 5. The Development Services Director shall, within sixty (60) days of receipt of the statement of substantial completion, either: a) notify the Developer in writing of his preliminary approval of the improvements; or b) notify the Developer in writing of his refusal to approve improvements, therewith specifying those conditions which the Developer must fulfill in order to obtain the Director's approval of the improvements. However, in no event shall the Development Services Director refuse preliminary approval of the improvements if they are in fact constructed and submitted for approval in accordance with the requirements of this Agreement. 6. The Developer shall maintain all required improvements for a minimum period of one year after preliminary approval by the Development Services Director. After the one year maintenance period by the Developer has terminated, the Developer shall petition the Development Services Director to inspect the required improvements. The Development Services Director or his designee shall inspect the improvements and, if found to be still in compliance with the Collier County Land Development Code as reflected by final approval by the Board, the Board shall release the remaining 10% of the subdivision performance security. The Developer's responsibility for maintenance of the required improvements shall continue unless or until the Board accepts maintenance responsibility for the County. 7. Six (6) months after the execution of this Agreement and once within every six (6) months thereafter the Developer may request the Development Services Director to reduce the dollar amount of the subdivision performance security on the basis of work complete. Each request for a reduction in the dollar amount of the subdivision performance security shall be accompanied by a statement of substantial compliance by the Developer's engineer together with the project records necessary for review by the Development Services Director. The Development Services Director may grant the request for a reduction in the amount of the subdivision performance security for the improvements completed as ofthe date of the request. 8. In the event the Developer shall fail or neglect to fulfill its obligations under this Agreement, upon certification of such failure, the County Administrator may call upon the subdivision performance security to secure satisfactory completion, repair and maintenance of the required improvements. The Board shall have the right to construct and maintain, or cause to be constructed or maintained, pursuant to public advertisement and receipt of acceptance of bids, the improvements required herein. The Developer, as principal under the subdivision performance security, shall be liable to pay and to indemnify the Board, upon completion of such construction, the final total cost to the Board thereof, including, but not limited to, engineering, legal and contingent costs, together with any damages, either direct or consequential, which the Board may sustain on account of the failure of the Developer to fulfill all of the provisions of this Agreement. 9. All of the terms, covenants and conditions herein contained are and shall be binding upon the Developer and the respective successors and assigns of the Developer. 2 ..~< -, 16A4- '., IN WITNESS WHEREOF, the Board and the Developer have caused this Agreement to be executed by their duly authorized representatives this day of ,2004. Signed, Sealed and Delivered MSM Development, LLC in the presence of: ,I ~.. ' I By: IV \ u.. Matthew E. ~ -nto. . ''BZc~ ,r' '-, 1.''-. .(~ . .. ". ~~<:f~V~::,;: .~, ' .. . ATTEST:........, .." BOARD OF COUNTY COMMISSIONERS :Dwight.FJ. '9fot'k, &lerk OF COLLIER UNTY, FLORIDA :' ..,.,.",- ,<' d4 C' (} By: . , " , Chairman \.,;, \; ,"'J, -- . \.. ,', ('~' , , , ,,'., ,.:) .' 0 ~ . .' . 1\ j,' , , Approved as'to'10J;II1 and .I . -:. "., ,~ legal sufficiency::{' . Item ,U 4&:_,\ :....... ';, ..'~~i :.... , \)C~':' _ i' .J1l-Yh ": JellPJu=a: A. ~L?EDI () D. ~+-.Collier County Attorney Dat Yh}~~ Ree 1:k:~ 3 ","",,0'_"'- .".~..,.- ."~. ._,_...~_...."-~.-.. / / 16A4 '1iC ~, .':~ LANDY ENGINEERING, INC. EXHIBIT "A" March 25, 2004 Mr. John Houldsworth Collier County Community Development 2800 South Horseshoe Drive Naples, FL 34104 Re: TERRABELLA of PELICAN MARSH - UNIT TWO (f.k.a. Terranova of Pelican Marsh - Unit Three) Pelican Marsh pun Final Plat Dear John: Attached please find the following materials for the above referenced project: . One (1) copy of the subdivision construction estimate dated 3-25-04 . One (I) copy of the revised Construction & Maintenance Agreement Based on our site inspection this date, there are still outstanding items which will have to be bonded for plat recording purposes. We feel the required bond will be $34,894.80 ($11,044.80 for one (1) year maintenance plus $23,850.00 for improvements not completed) based on the following. * 10% of all improvements $11,044.80 * 100% sidewalk $ 2,850.00 * 50% landscape & irrigation $ 5,000.00 * 1 00% lighting $ 7,500.00 * 100% signage & striping $ 1,500.00 * 100% seed & mulch R.O.W. $ 2,500.00 * 100% second lift of asphalt $ 4.500.00 TOTAL $34,894.80 Please r~\'iew the attached information. If you have any questions, please call me. ''t .~ I '1Jl ENGlI'iZERlNG, INC. ~IJ d 11l-~I'~ Michael J. La d y Professional Er.gineer # 41075 State of F!olida 2780 SOUTH HORSESHOE DRIVE - SUITE 6 NAPLES, FLORIDA 34104 TELEPHONE (239) 261 .6999 FAX (239) 430.1664 "~-- .~,"."., 16A 4"~ l'4 EXHIBIT "A" - CONSTRUCTION & MAINTENANCE AGREEMENT - BOND ESTiMATE , , PROJECT: TERRANOVA at PELICAN MARSH UNIT 3 DATE: 10/01/99 ITEM DESCRIPTION QTY UNIT COST PRICE I WATER 8" PVC WATER LINE 650 LF $12.00 $7,800.00 CONNECT TO EX. DEAD END 2 EA $500.00 $1,000.00 HOT TAP EX. 10" W.M. 1 EA $1,500.00 $1,500.00 8" G,V.'s 1 EA $750.00 $750.00 3" PVC SERVICE CONDUIT 550 EA $6.00 $3,300.00 FIRE HYDRANT COMPLETE 1 EA $2,000.00 $2,000.00 PERMANENT SAMPLE STATION 1 EA $700.00 $700.00 TESTING 1 LS $2,000.00 $2,000,00 TOTAL WATER $19,050.00 II SANITARY SEWER 8" PVC SANITARY 459 LF $22.00 $10,098.00 SANITARY MANHOLE (0-12) 3 EA $1,300,00 $3,900,00 SERVICES (SINGLE) 19 EA $250.00 $4,750.00 CONNECT T9 EX. SYSTEM 1 EA $500.00 $500.00 TOTAL SANITARY SEWER $19,248,00 III PAVING 3/4" ASPHALT (1st LIFT) 2,250 SY $2.00 $4,500,00 3/4" ASPHALT (2nd LIFT) 2,250 SY $2,00 $4,500.00 6"BASE 2,250 SY $4,00 $9,000.00 12" STABILIZED SUBGRADE 2,925 SY $2.00 $5,850.00 SIDEWALK 570 LF $5.00 $2,850.00 VALLEY GUTTER 1 ,425 LF $6,00 $8,550.00 TYPE "A" CURB 120 LF $6.00 $720,00 SIGNAGE & STRIPING 1 LS $1,500.00 $1,500.00 SEED, MULCH, SOD ROW, 1 LS $2.500,00 $2,500.00 TOTAL PAVING $39,970.00 IV DRAINAGE 18" RC.P, 46 LF $20.00 $920.00 24" RC.P. 96 LF $28.00 $2,688,00 36" RCP. 116 LF $42.00 $4,872.00 GRATED INLET 2 EA $1,500.00 $3,000,00 THROAT INLET 1 EA $1,200,00 $1,200.00 CONNECT TO EX. BOX 1 EA $1,000.00 $1.000.00 CONSTRUCT INLET OVER EX. STUI 1 LS $1,000.00 $1,000.00 TOTAL DRAINAGE $14,680.00 V MISCELLANEOUS LANDSCAPE/IRRIGATION 1 LS $10,000.00 $10,000.00 LIGHTING 1 LS $7,500.00 $7,500.00 " TOTAL MISCELLANEOUS $17,500.00 \ \ \' jjJ" TOTAL SUBDIVISION IMPROVEMENTS $110,448,00 .-----\J \ . ~~ J. ;';\~ 10% ONE (1) YEAR MAINTENANCE BOND $11.044.80 \ j ~..., '. --" _..._-,~,-~.,-., . Trade Services San Francisco MAC A0195-212 One Front Street. 21st Floor San Francisco, CA 94111 WELLS FARGO BANK, N.A. 1 6 A 4 ......, TRADE SERVICES DIVISION, NORTHERN CALIFORNIA , ' ONE FRONT STREET, 21ST FLOOR SAN FRANCISCO, CALIFORNIA 94111 Contact Phones: 1 800 798 2815 option 1 IRREVOCABLE STANDBY LETTER OF CREDIT The Board of County Commissioners, Collier Letter of Credit No. NZS516395 County, Florida. c/o Office of the County Attorney Date: April 19, 2004 Collier County Courthouse Complex 3301 East Tamiami Trail Naples, FL 34112 Ladies and Gentlemen: At the request and for the account of Distinctive Communities, Inc., 2223 Trade Center Way, Naples, FL 34109, we hereby establish our Irrevocable Letter of Credit in your favor in the amount of Thirty Four Thousand Eight Hundred Ninety Four and 80/100 United States Dollars (US$34,894.80) available with us at our above office by payment of your draft(s) drawn on us at sight accompanied by : 1. Your signed and dated statement worded as follows: "The undersigned, an authorized representative of The Board of County Commissioners, Collier County, Florida, (the "Beneficiary") hereby certifies that Distinctive Communities, Inc. has failed to construct and/or maintain the improvements associated with that certain plat of a subdivision known as Terrabella of Pelican Marsh - Unit Two (f.k.a. Terranova of Pelican Marsh - Unit Three) Pelican March PUD or a final inspection satisfactory to Collier County has not been performed prior to the date of expiry; and satisfactory alternative performance security has not been provided to and formally accepted by the Beneficiary," Each draft must also be accompanied by the original of this Letter of Credit and all amendments for our endorsement on this Letter of Credit of our payment of such draft. Partial and multiple drawings are permitted under this Letter of Credit. Each draft must be marked "Drawn under Wells Fargo Bank, N.A. Letter of Credit No. NZS516395." If any instructions accompanying a drawing under this Letter of Credit request that payment is to be made by transfer to an account with us or at another bank, we and/or such other bank may rely on an account number specified in such instructions even if the number identifies a person or entity different from the intended payee. ",--,-,. ...........__..",.~- ""--, 16 A 4'~'~' . , This is an integral part of Letter of Credit No. NZS516395 This Letter of Credit expires at our above office on April 15, 2005 but shall be automatically extended, without written amendment, to April 15 in each succeeding calendar year unless we have sent written notice to you at your address above by registered mail or express courier that we elect not to renew this Letter of Credit beyond the date specified in such notice (the "Expiration Date") which Expiration Date will be April 15, 2005 or any subsequent Apri/15 and be at least sixty (60) calendar days after the date we send you such notice. Upon our sending you such notice of the non renewal of the Expiration Date of this Letter of Credit, you may also draw under this Letter of Credit by presentation to us at our above address, on or before the Expiration Date specified in such notice, of your draft drawn on us at sight accompanied by your signed and dated statement worded as follows: "The undersigned, an authorized representative of The Board of County Commissioners, Collier County, Florida, hereby certifies that we have received notice from Wells Fargo Bank, N.A. that Letter of Credit NZS516395 will not be renewed and Distinctive Communities, Inc. has failed to secure and deliver us a replacement Letter of Credit or other instrument in form and substance satisfactory to us." This Letter of Credit sets forth in full our undertaking, and such undertaking shall not in any way be modified, amended, amplified or limited by reference to any document, instrument or agreement whatsoever in this Letter of Credit other than the UCp, Reference to any document, instrument or agreement in any certificate mentioned in this Letter of Credit will not be deemed to incorporate into this Letter of Credit such documents, instrument or agreement. This Letter of Credit is subject to the Uniform Customs and Practice For Documentary Credits (1993 Revision), International Chamber of Commerce Publication No. 500, and engages us in accordance therewith, Very Truly Yours, WELLS FARGO BANK, N.A. By: iIfr/ (Aut orized Signature) EiSA CH!'! 1 ..- C1'1R "~-(':04 "'1'- .,['1. -c: !-C:,) . jdl: 12: 03 PM TRt;Df." qc'NK FAX NO. 4152849453 P. 01103 j. . ... _ I..IJ. ~\ _. ' .- - '.. --. 16A4 .~ -- : - c:- c- ."~ - 0(. -~-- ~ '-...... --" , - _.- -- - ,,-"".-J WELLS .'ARGO HSBC ".) -. . ~ TRADE BANK :'i.A. ;~ -" -- A.....-i-.....I~\D -:J -' -- ONE FRONT STREET, 21S,. FLOOR _.- c' ,_, _'-..Jo .- -:::',J~- SAN FRANqlSCO, CA 94~11 -,..-.... ., ~,;:; r-r, I -' - - ....:.. FAX COVER SHEET DATE: April 27 f 2004 j I TO; Steve Bitterman: Fax: 239 5940254: . I C<:: Rebecca Paratani, Comer County ,F~x: 239 659 5720 FROM: DEA CONRATH PHONE: (415) 396 6208 , FAX: (415) 284 9453 NUMSER OF PAGES iNCLUDING CO"E~ SHEET; :; ! Ref: Ie NZS516395 I Attached is letter signed by Brian O'Connell, VP for Wens Fargo Bank. N.A. certir/ing that E!S8 Chau is an au'thorized signor fqr WeUs Fargo Bank and is authorized to sign and execute Letters of Credits for Weils Fargo Bank, N.A. Also attached is tho corporate seal for Wells F3rgo Bank, N.4. showing the name of Brian O'Connell, as an authorized signor for our bank. i P!easa advise us jf this ;s acceptable to the County of Comer so that we may send it out via courier in order to authenticate quT Ic signed by Eisa Chau. i I I , 1 : ..."~----., T ...-.--^ --...." - APR-27-2004 TUE 12:04 PM TRp]E BANK FAX NO. 4152849d53 P. 02/03 16A4 '!-~ I . 'I'r.Ide Servicas SoIn fr;anci~to ~, ~MC A0195-112 CnG ~'ont St~et. 21st HOOf San ~ri1ncis'o, CA 9411 ) WELLS FARGO B~1\fK, ?'i.A. TRADE SERVICES DIVISiON, NORTHERN CAL]]i'ORl',IA - . ST ONE FRONT STREET, 21 FLOOR Sft...l'f FRANCISCO, CAL1FORl'iIA 94111 IRREVOCABLE LETTER OF CREDIT - April 27, 2004 The Board of County Commissioners. Collier County, Florida, c/o Office ofthc County Attomey Collier County Courthouse Complex 3301 East Tamiami Trail Naples. FL 34112 I I Dear Sirs: I ! Ref: OUf Leiter of Credit No, ~ZS516395 f:wor of yourselves for aCcouDt IJf Distinctive-Communities, Illc.,iand 00 behalf ot. MSM Development, LLC. For USD34,894.80 i The undersigned, an authorized 0fficer ofWel15 Fargo Bank, N.A. hereby certifies that Eisa Chau 1S authorized to sign and execute Letters afCredits for Wens Fargo Bank. N.A Very truly yours I WELLS FARGO BANK, N.A, BY~/ I Brian o'Copae1f. Vice President ! (415) 3965458 BRIAN T. O'CONNEU. '- VICE PResIDENT, Attachment 1 ..........-- ._- ...-- _.,.__......~~ -' APR~?~-2004 lUE 12:04 PM TRADE BANK FAX NO. 4152849453 P. 03/03 THIS REFERS TO OUR:LETTEK OF CRED!T NO~ NZS516395 16A4~1 WELLS FARGO SA.'"m. :NATIONAL ASSOCIA'!'!ON -, ASSIa~ANT S2CRE~ARY'S CERTIFICATE T Pui-M~i ~~ong, hereby cercify that I am a duly - , appointed and acting Assistant ,Secretary of Wells Fargo Bank, National Association (the "Bank") ( and I herebj further certify that any ene of Jai R. Chaudhary, Socorro M. Lozano, Brian T. O'Connell, Roberto S. Rubio or ;James B. Singh! each cne of them acting alone, is duly authorized to execute and deliver letters of credit on behalf of the Ba~~ and that such authorization is in full force and effect on the dace hereof. , IN WITtfJESS WHEREOF, r have hereunto set my hand and affixed the seal of the Bank ~his 27TH day of APRIL 2004, /h'~4 Pui-Mei Wong Assistant Secretary [Seal] . .-'"- -"-" .-"------,,".-".-.- .' ,"---~--~'--"- . Trade Services San Francisco MACA0195-212 One Front Street. 21 st Floor San Francisco, CA 94111 WELLS FARGO BANK, N.A. 16A4~f' TRADE SERVICES DIVISION, NORTHERN CALIFORNIA ONE FRONT STREET, 21ST FLOOR ~ SAN FRANCISCO, CALIFORNIA 94111 Contact Phones: 1 800 798 2815 option 1 IRREVOCABLE STANDBY LETTER OF CREDIT AMENDED AND RESTATED LETTER OF CREDIT Beneficiary: The Board of County Commissioners, Collier Letter of Credit No. NZS516395 County, Florida, c/o Office of the County Attorney Date: April 23, 2004 Collier County Courthouse Complex Amendment No.1 3301 East Tamiami Trail Naples, FL 34112 This Amendment is to be considered as part of the above Letter of Credit and must be attached thereto. The text of the above mentioned Letter of Credit is deleted in its entirety and replaced by the following: Quote WELLS FARGO BANK, N.A. TRADE SERVICES DIVISION, NORTHERN CALIFORNIA ONE FRONT STREET, 21ST FLOOR SAN FRANCISCO, CALIFORNIA 94111 Contact Phones: 1(800) 798-2815 IRREVOCABLE STANDBY LETTER OF CREDIT Beneficiary: The Board of County Commissioners, Collier Letter of Credit No. NZS516395 County, Florida, c/o Office of the County Attorney Date: April 19, 2004 3301 East Tamiami Trail Naples, FL 34112 Ladies and Gentlemen: At the request and for the account of Distinctive Communities, Inc., and on behalf of MSM Development, LLC, 2223 Trade Center Way, Naples, FL 34109, we hereby establish our Irrevocable Letter of Credit in your favor in the amount of Thirty Four Thousand Eight Hundred Ninety Four and 80/100 United States Dollars 1 ."~----"-"._,.. .,~_..~_..- --, 16A4~' "', This is an integral part of Letter of Credit No. NZS516395 (US$34,894,80) available with us at our above office by payment of your draft(s) drawn on us at sight accompanied by: 1. Your signed and dated statement worded as follows: "The undersigned, an authorized representative of The Board of County Commissioners, Collier County, Florida, (the "Beneficiary") hereby certifies that Distinctive Communities, Inc. or MSM Development, LLC has failed to construct and/or maintain the improvements associated with that certain plat of a subdivision known as Terrabella of Pelican Marsh - Unit Two (f.k.a. Terranova of Pelican Marsh - Unit Three) Pelican Marsh PUD or a final inspection satisfactory to Collier County has not been performed prior to the date of expiry; and satisfactory alternative performance security has not been provided to and formally accepted by the Beneficiary," Each draft must also be accompanied by the original of this Letter of Credit and all amendments for our endorsement on this Letter of Credit of our payment of such draft. Partial and multiple drawings are permitted under this Letter of Credit. Each draft must be marked "Drawn under Wells Fargo Bank, N.A. Letter of Credit No. NZS516395." This Letter of Credit expires at our above office on Apri/15, 2005 but shall be automatically extended, without written amendment, to Apri/15 in each succeeding calendar year unless we have sent written notice to you at your address above by registered mail or express courier that we elect not to renew this Letter of Credit beyond the date specified in such notice (the "Expiration Date") which Expiration Date will be Apri/15, 2005 or any subsequent Apri/15 and be at least sixty (60) calendar days after the date we send you such notice. Upon our sending you such notice of the non renewal of the Expiration Date of this Letter of Credit, you may also draw under this Letter of Credit by presentation to us at our above address, on or before the Expiration Date specified in such notice, of your draft drawn on us at sight accompanied by your signed and dated statement worded as follows: "The undersigned, an authorized representative of The Board of County Commissioners, Collier County, Florida, hereby certifies that we have received notice from Wells Fargo Bank, N,A. that Letter of Credit NZS516395 will not be renewed and Distinctive Communities, Inc. or MSM Development, LLC has failed to secure and deliver us a replacement Letter of Credit or other instrument in form and substance satisfactory to us." This Letter of Credit sets forth in full our undertaking, and such undertaking shall not in any way be modified, amended, amplified or limited by reference to any 2 -~~",. -- ~",.,- . 16A4"" document, instrument or agreement whatsoever in this Letter of Credit other than the UCP. Reference to any document, instrument or agreement in any certificate mentioned in this Letter of Credit will not be deemed to incorporate into this Letter of Credit such documents, instrument or agreement. This Letter of Credit is subject to the Uniform Customs and Practice For Documentary Credits (1993 Revision), International Chamber of Commerce Publication No. 500, and engages us in accordance therewith. Very Truly Yours, ~-./ WELLS FARGO BANK, N.A. u\)~~:-{, ._---~ C~~ ~O~~ ~\~. ~~S l'\J\C~ ~ (See page 4 for Corporate Seal) 3 -- '."'---'~-"-- ~-~ "- --" _.....~--~..,- 16A4--1 THIS IS AN INTEGRAL PART OF LETTER OF CREDIT NO. NZS516395 WELLS FARGO BANK, NATIONAL ASSOCIATION ASSISTANT SECRETARY'S CERTIFICATE I, Pui-Mei Wong, hereby certify that I am a duly appointed and acting Assistant Secretary of Wells Fargo Bank, National Association (the "Bank"), and I hereby further certify that anyone of Jai R. Chaudhary, Socorro M. Lozano, Brian T. O'Connell, Roberto S. Rubio or James B. Singh, each one of them acting alone, is duly authorized to execute and deliver letters of credit on behalf of the Bank and that such authorization is in full force and effect on the date hereof. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the Bank this 23RD day of APRIL 2004. #~ J"-) Pui-~J:lg Assistant Secretary [Seal] 4 ,._-,- - ,."~-- -. ."""<.._","_..,, lbf\5 MEMORANDUM Date: February 25, 2004 To: Susan Murray, AICP Director Department of Zoning and Land Development Review From: Linda A. Houtzer, Deputy Clerk Minutes & Records Department Re: Carnival Permit 2004-03 Please find one copy of the above referenced document, Agenda Item #16A5, approved by the Board of County Commissioners on Tuesday, February 24, 2004. If you have any questions, please feel free to contact me at: (774-8411) . Thank you. Enclosure 16A5 Permit No. CP-2004-03 PERMIT FOR CARNIV AL EXHIBITION STATE OF FLORIDA: COUNTY OF COLLIER: WHEREAS, Peg Ruby, on behalf of Collier County Parks and Recreation Department (County Parks and Recreation), has made application to the Board of County Commissioners of Collier County, Florida, for a permit to conduct a carnival; and WHEREAS, County Parks and Recreation, has presented to the Board sufficient evidence that all criteria for the issuance of a permit to conduct a carnival as set forth in Chapter 10, Article II, Amusements and Entertainments, of the Collier County Code have been satisfied and that such carnival exhibition will be conducted according to lawful requirements and conditions; and WHEREAS, said County Parks and Recreation, has requested a waiver of the Surety Bond and Occupational License requirements. NOW, THEREFORE, THIS PERMIT IS HEREBY GRANTED TO County Parks and Recreation, to conduct a carnival from March 12, 2004 through March 14, 2004, in accordance with the terms and conditions set forth in the petitioner's application and all related documents, attached hereto and incorporated herein for the following described property: (See attached Exhibit "A") The request for waiver of the Surety Bond and Occupational License requirements is hereby approved. WITNESS my hand as Chairman of said Board and Seal of said County, attested by the Clerk of Courts in and for said County this day of 2004. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA: ,\ll\\!lI;Ullltl ,,\""~..- .), :'''f i,: If,./ BY ~ rK. d4~ ,~\\\,.-I\'~:). ...."-t.,~fJ. 'I,,, ~~:K/ll~".'" . :-"\JJ ~ I . '. .:. . ~;""; 1':. ' ""::--::-~"-R 'f(', .':,~ . ',;:. DEPUtY"'<lE~ .'~':~',J\'-:t : E:[; DO W, CHAIRMAN ~ -'~ ~ ". 1/"F · j ....; j Atttst_l. ..., 1\' ~ . ~ ' t t ~ ~ ~ 1 .'~ii!, \. .. ,t~ -": . grta ue~ . y"., ;-l~,.. .'.;''''~' .., ....~ '--, ,"':: ...~'...~ ~ Approved"4,s:t~ :F-11~I~tI->/: V~~~""""" ,0~ 11014-5 Patrick G. WhIte ' Item # Assistant County Attorney CARNY -2004-AR-5343/SM/lo ~~~;da ~/fkl / tJ'j . I ~:~~d a./aJ5/()tf . f Page 1 of 1 16AS COLLIER COUNTY DMSION OF PUBLIC SERVICES Parks and Recreation Department 3300 Santa Barbara Boulevard · Naples, Florida 34116 · (239) 353-0404 · FAX (239) 353-1002 Website: colliergov.net January 8, 2004 Mr. Jerry Sanford North Naples Fire Control District 1780 Immokalee Road Naples, FL 34103 Dear Mr. Sanford: Collier County Parks and Recreation Department will be holding the 6th annual County Jam at Vineyards Community Park, 6231 Arbor Blvd. Naples, Florida on March 12 - 14, 2004. Friday hours of operation will be from 6:00 - 1 0:00 pm, Saturday will be 2:00 - 10:00 pm and Sunday will be from 12:00 - 8:00 pm We are applying for a Carnival Permit through Collier County Development Services. The permit requires us to get a letter from the Fire Inspector of the district, stating you are aware of the event and will take necessary provision for Fire Safety. I am requesting a letter on your letterhead stating that you are aware ofthe event and that the department will take necessary provisions for Fire Safety. Please fax the letter to 353-1002 and send the original to 3300 Santa Barbara Blvd. Naples, FL 34ll6. If you have any questions please contact me at (239) 353-0404. Sincerely, ~~ Peg uby, Spec Events Coordinator Collier County Parks and Recreation CARNY-04-AR-5343 COUNTRY JAMBOREE ~. c 0 { { j e r C 0 .. M t Y , '-" .' ---.,--.--- ~1/21/2~~4, 14;14 5'373522 NU~IH NA~L~~ r!~~ rH\,;lt;. tJ.&. ,- - -~. _.:.-------------u . . F" C t 1 & Rescue District N oll'th Naples ire on]l'O. 16 AREPREVE~;~IIEA~a34109 A 5 1885 Veterans Park OrNe. (239) 597-3522 (239) 597-9227. Fax - January 21, 2004 Ms. Peg Ruby, Special events ~ord~tor Collier County Division of Publ1c SCfV1CCS 3300 Santa Barbara Blvd. Naples, FL 34116 Re: (/' Annual County Jam @ Vineyards Community Park Dear Peg, I am in reoeipt of the pre1imin~ p~er work and aware of the 6th Annual Country Jam Event which will be held on March 12 -14 ,2004 @ the Vineyards Community Park located @ 6231 Arbor Blvd. Naples, FL. I understand that the Friday hours of operation will be from 6:0Opm- lO:OOpm, Saturday will be 2:0Opm- lO:OOpm and Sunday will be from I 2:00pm - 8:00pm. The North Naples Fire Control & Rescue District will be on site to inspect all aspects of fire safety prior to the scheduled operation of the festival. If you bave any questions, please do not hesitate to contact me @ (941) 597-9227. Karl K. Reynolds, Fire Marshal North. Naples Fire Control & Rescue District cc: Fax #353-1002 KKRldw -,"."-" -.-,..-- 16A5 COllIER COUNIY DMSION OF PUBLIC SERVICES Parks and Recreation Department 3300 Santa Barbara Boulevard · Naples, Florida 34116 · (239) 353-0404 · FAX (239) 353-1002 ' Website: colliergov.net January 7, 2004 Collier County Sheriff's Office C/O Karen Strickland 3301 Tamiami Trail East, Bldg. J Naples, FL 34112 Dear Karen Strickland: The Collier County Parks and Recreation Department is holding the 6th Annual Country Jam at the Vineyards Community Park on March 12 - 14, 2004. Friday- 6:00 pm - 10:00 pm; Saturday - 2:00 - 10:00 pm; Sunday - 12:00 - 8:00 pm I am requesting 9 deputies per day from the Collier County Sheriff's Office, We will need the deputies from Friday: 5:30 pm - 10:30 pm Saturday: 1:30 pm - 10:30 pm Sunday: 11 :30 pm - 8:30 pm The deputies will be placed in following locations 1 - Front Entrance 1 - Back Entrance 1 - Inside Community Center 1 - Making Money Runs 1 - Behind Stage 2 - At Main Stage 2 - Inside Roving Please give me a call at 353-0404. Looking forward to working with you once again, Sincerely, -f!t!RU~ Events Coordinator Collier County Parks and Recreation Department c 0 {~~ e r C 0 .. ... t .v M',__,___,__",,,_,_,__,_, ._._,--~-_......."_.,-~,,.--.-. 1-22-04; '::I;4~AM9t-""""I"""VL- ......tV,~,'-',... 16A5 Collier County Sheriffs Office 3301 Tamiami Trail East, Bldg. J Naples, FL 34112-4902 Phone (239) 793-9178 Fax (239) 793.9168 Special Services Bureau Fax To: Peg Ruby, Special Events Coordinator, Parks and Ree Fax: 353 1002 Phone: From: Lt. Karen C. Strickland Date: January 19, 2004 Re: Your letter: Country Jam Number of pages including coversheet: 1 I am sending this since I have not been able to reach you by phone, I am sending this fax to acknowledge that we received your letter and will be scheduling 9 deputies for your Country Jam Event as outlined in your letter. ~ "-_.. --- ."-"---~.,"- ..' <-'.~ ~--,,,.,- , . , ~b~5 i NOTE: Please read reverse side before Copy: Zoning Director completing this Petition. Copy: Petitioner Copy: (4) County Administrator .,. (i CARNY-04-AR-5343 COUNTRY JAMBOREE , , /0 R \'1) CARNIVAL OPERATION PETITION PETITION NO. DATE: l/wlOY PETITIONER'S NAME: Tol V~ .ft~(thh"n~ ~EP~ON~(2ol) q(-1'1- 3388 PETITIONER'S ADDRESS: ,:;)011 Cn0nt vJa.cJ Lyr&wr1-) tJ.1 D 10'/ / PETITIONER"S E-MAIL ADDRESS: NIA FAx#L2b1) '133'" 58s1- .~'~ PROPERTY OWNER'S NAME: Collier. 9rt5 ~ TELEPHONE: <~ -~<IO</ PROPERTY OWNER'S ADDRESS: Purfara., B/w. lJa , PL ?Ji../lJb , OWNERS'S E-MAIL ADDRESS: (X!jr-Ll~P(()III:O'7Jell, f)t'4- FAX# 353 - lC02 LEGAL DESCRITPION OF SUBJECT PROPERTY: Jl f'tJffrtlS C\rrn fYll ,.",;~t1L Co'~';L~~r ~Jvd. rJCtf~ fL( - GENERAL LOCATION: JI CURRENT ZONING: NATURE OF PETITION: THE FOLLOWING INFORMATION IS INCLUDED IN THIS PETITION. (FOR EXPLANATION, SEE NEXT PAGE.) 3.a. V 3.e.I) r/ 3.e.4) t/ 3.e.7) V 3.b. ,/' 3.e.2) t/ 3.e.5) / 3.e.8) V 3.e. ./ 3.e.3) V" 3.e.6) i/" 3.e.9) t/ 3.d. / Comments: ~~ tP~ SIGNA TURE OF PE R DATE REVIEWED by Board of County Commissioners: Approved: 0 Disapproved: 0 Conditions of Approval: SIGNA TURE OF COUNTY ADMINISTRATOR ~'~'--. ---_.._-,~".._----- "~H_<__'_ Excerpt from Ordinance No. 75-11, Filed Secretary of State 3/6n5 A I 3. Application and Fee for Permit. A minimum of twenty (20) days before occupying the carnival 6 · or exhibition site, an application for a permit shall be submitted to the County Administrator in four (4) copies accompanied by: a) A surety bond in the penal sum of $2,500, issued by a company authorized to issue such bonds in Florida, conditioned upon the operator complying with each provision of this Ordinance and subject to forfeiture under the terms provided in Paragraph 8 hereinbelow. b) Evidence of current public liability insurance coverage, issued by a company authorized to do business in the State of Florida, in the minimum amount of $100,000 for anyone person and $300,000 for anyone incident. c) A non-refundable fee of $275.00. d) A current occupational license issued by the Collier County Tax Collector, and e) Including the following information: 1) The name and headquarters address(es) of the carnival or exhibition company(ies) with a direct or indirect financial interest; name(s) and address(es) of any sponsoring organization(s), and the name and local address of the applicant representing the carnival or exhibition company(ies); 2) A description of every activity to be conducted such as but not limited to, menageries; circus and side-show performances; amusement, merry-go-round and other ride activities; food and drink dispensing facilities; booths for conduct of games of skill or chance not prohibited by State law to be open to the public for an admission or participation fee and number of persons to operate the activities; 3) Name, identification and social security number of each person accountable for the operation of each activity; 4) A description and sketch of the site showing the location of each activity proposed, the location and number of sanitary facilities; parking facilities, and provision for lighting and public water; 5) Application for Food Establishment Operating Permit from the County Health Department as required by Ordinance No. 74-45. 6) The plan for refuse, garbage, debris, and sewage disposal during and after operation of the circus or exhibition; 7) Provisions for traffic control, fire safety and security precautions; 8) The date and time each activity is to be conducted and concluded; 9) Written approval from the owner of the property authorizing the use of hi~emises for such carnival activity; 10) Legal description of property to be utilized. CARNIVAL PETITION APPLICATION ,,-,--_.,"_.~.~~,~,-~~ .. ""--" ---,"_._-;..' .- _',_,n_ . (i) lb~:; INDIVIDUAL BOOTH NOTIFICATION FORM FOR TEMPORARY EVENTS N.meOfEvent:~~&~~~~ 2DOt/ Name of Booth: ,nr , Person in Charge of Booth: ,<;.Ie 111m -roJVI Types of Food or Beverage to be Served:~ ClJrn) ootacm ro/n d!Ji (fJ~ C~)j f)~ j rvvmof (ty)h Florida Administrative Code, Chapter 10D-13 requires all food to come from an approved source. All food storage, preparation and utensil cleaning for this event shall not be done in private homes. Location of advanced food preparation:~ (rJokl A n.ttJ +ra: Lor How will food be transported to event location? ~Ano(L-frCM' l.tr Method of keeping food hot and/or cold at event site: Method of cooking food at the location: C~s In Gtl it Food must be protected from dust, insects, flies, coughs, sneezes. How will you provide this protection? Describe type ofstructure: R:rd l"J fnJ.JLr.<<J J'() vnft Adequate facilities and supplies shall be provided for employee handwashing. How will you , d,' provide this? t rl For Information and Assistance contact: Environmental Health & Engineering Department - (941) 403-2499 ."-.""" -".- '~"-' -_.--._-.. --.--. - .~'". _.d"....__.._ Failure to comply with applicahle food service requiremeuts iu accordance with ,). 6 A ~j Chapter lOD-13, Florida Administrative Code, may result in enforcement action. Do yo understand this completely? YES 0 NO D I certify that to the best of my knowledge and belief all of the statements contained herein and on any attachments are true, correct, complete, and made in good faith. I understand that these regulations include food intended for service to the public regardless of whether there is a charge for the food. I agree to assume responsibility for this establishment and I certify that said business will be conducted in compliance with the Florida Administrative Code, Chapter lOD-13. &Q~ Date: lj~o;Or Signatu, f Applicant CARNIVAL PETITION APPLICATIONI INDIVIDUAL BOOTH NOTIFICATION FORM FOR TEMPORARY EVENTS --- _._~ --..-.-.------- -_.._--~-"--..._---,, Ii' \eY 16~5 SPONSOR NOTIFICATION FORM FOR TEMPORARY EVENTS Name of Event: :J~~ ~ Address of Event:_(o fJiVa.... . j K Date(s) of Event: (YY1J('j) /'2... Ill) UO~ Hourso.fOP.eration: ~~- ~-lppt1l JL3 a,....CPn1 (J . 'i#:;.' ~ I -la-sp Sponsor of Event: -B. . J I . ? G Address of Sponsor: ~t;;~::;/), ~~ . ~d ,(~ ~, ?~6 Person in Charge of Food Service: ~ /8rJ T O/u I Phone: :~1'" C<!fYrI Number of Food and Beverage Booths: / Estimated number of attenders expected at the event at one time? /0 000 Number of toilets to be provided: Portable: Male Ie ) Female (ICJ) Permanent: Male ("'i) Female ( 4) Method of toilet waste disposal: ~fjo. C ~ Describe method of liquid kitchen waste disposal: u.tl~rQAt(~ wrrr Describe containers and method of solid waste disposal (garbage): ft' Number of solid waste disposal containers provided: 6l . Describe facilities and method of handwaShing:~twJ C{. SCJA(J Describe facilities and method of utensil washing, rinsing and sanitizing: kk,t ~ 't btvf Source of potable water: on S~ For Information and Assistance, contact: Environmental Health & Engineering Department - (941) 403-2499 As the sponsor of this event you are responsible to notify all food vendors of the 16A ~ temporary food service requirements. Failure to comply may subject the booths to be closed for public health reasons. Do you understand this completely? YES rI NO D I certify that to the best of my knowledge and belief all of the statements contained herein and on any attachments are true, correct, complete, and made in good faith. I understand that these regulations include food intended for service to the public regardless of whether there is a charge for the food. I agree to assume responsibility for this establishment and I certify that said business will be conducted in compliance with the Florida Administrative Code, Chapter lOD-13. Signature of spo~ Date: y JOf 0 " / CARNIVAL PETITION APPLICA TIONI SPONSOR NOTIFICATION FORM FOR TEMPORARY EVENTS ~--- .-.. oj,'''''' co~ 161\90 + 7 +rORT ABU FENCING +t 1- BASKETBALL -+ .J.... COU~T T BACKSTAGE AREA .. PARKING LOT 1 ENTERTAINERS ONLY BACKSTAGE AREA IISdS tent 3 120140 tent ~.- ..X,. OTA"" . . 4 chair. STAGE 14 CHAIRS . . I elt cord 2 EXT. CORD . .. . . Ileneralor I GENERATORS .J.... RAB LlHT D CD V TICKET BOOTH . MERCH SEATING SPONSORS FRONT AREA ENTRANCE WILL CALL PARKING LOT 2 10 X 10 TENT 20 X 20 TENT 1 TABLE S TABLES 2 CHAJRS 8 CHAIRS 1 EXT. CORD 1 EXT. CORD 1 GENERATOR CARNIVAL CROWD PLEASER & TOILETS SOCCER FIELD 1 CONCESSION PICNIC c:::::J c:::::J c:::::J c:::::J c:::::J c:::::J TABLES c:::::J c:::::J c:::::J c:::::J c:::::J c:::::J ~i} !fi !fi +J.-~ ~ ~ Mech. Bun k VENDORS Rock Wall !J. S.nd Box (20x20) 10 X 10 TENt] I TABLE 2 CHAIRS SLIDE I EXTENSION ChUl COOK PONY OFF AREA SOCCER FIELD 2 RIDES 20120 TENT roo 6 T ABLE.~ 6 CHAIRS 3 EXT. CORD 3 GENERATORS BACK PARKING ENTRANCE e SOCCER FIELD 3 SOFTBALL FIELDS 20 X 20 TENT D 11..IOleot STABLES 1 tdoIe 8 CHAIRS 2 cMIn 1 EXTENSION CORD 1__ 1 GENERATOR PARKING "-,"'-'-'-- .-.--"--..._. ._-,,-,-,. --."..,.--.- ---.'.-.-- 16A6 MEMORANDUM Date: May 27, 2004 To: John Houldsworth, Senior Engineer Planning Services From: Linda A. Houtzer, Deputy Clerk Minutes & Records Department Re: Construction, Maintenance and Escrow Agreement - Cayo Costa Unit One Enclosed please find one copy of the document as referenced above (Agenda Item #16A6 approved by the Board of County Commissioners on February 24, 2004. The original agreement is being retained for the record. If you should have any questions, please contact me at: 774-8411. Thank you. Enclosure -~-----_.~-,.._." ----- 16A6 CONSTRUCTION, MAINTENANCE AND ESCROW AGREEMENT FOR SUBDIVISION IMPROVEMENTS THIS AGREEMENT entered into this '24 day of cteb. ,2004 by'CAYO COSTA, LC, (hereinafter "Developer"), the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORI DA, (hereinafter "The Board") and TRANSCAPIT AL BANK (hereinafter "Lender"). RECITALS: A. Developer has, simultaneously with the delivery of this Agreement, applied for the approval by the Board of a certain plat of a subdivision to be known as: CAYO COSTA. UNIT ONE, Moon Lake (Naoles Lakes PUD): B. The subdivision will include certain improvements which are required by Collier County ordinances, as set forth in a site construction cost estimate ("Estimate") prepared by LANDY ENGINEERING, INC., a copy of which is attached hereto and incorporated herein as Exhibit 1. For purposes of this Agreement, the "Required Improvements" are limited to those described in the Estimate. C. Sections 3.2.6.5.6 and 3.2.9.1 of the Collier County Subdivision Code Division of the Unified Land Development Code requires the Developer to provide appropriate guarantees for the construction and maintenance of the Required Improvements. D. Lender has entered into a construction loan agreement with Developer dated February 12, 2004, Loan No. 80129544, (the "Construction Loan") to fund the cost of the Required Improvements. E. Developer and the Board have acknowledged that the amount Developer is required to guarantee pursuant to this Agreement is $39.097.30, this amount represents 110% of the Developer's engineer's estimate of the construction costs for the Required Improvements. NOW, THEREFORE, in consideration of the foregoing premises and mutual covenants hereinafter set forth, Developer, the Board and the Lender do hereby covenant and agree as follows: 1. Developer will cause the water, sewer, roads, drainage and like facilities, the Required Improvements, to be constructed pursuant to specifications that have been approved by the Development Services Director within twelve (12) months from the date of approval of said subdivision plat. 2. Developer hereby authorizes Lender to hold $39,097.30 from the Construction Loan, in escrow, pursuant to the terms of this Agreement. 3. Lender agrees to hold in escrow $39.097.30, from the Construction Loan, to be disbursed only pursuant to this Agreement. Lender acknowledges that this Agreement shall not constitute a draw against the Construction Loan fund, but that only such funds as are actually 1 \ \ , ,\ ::1\ .-- , . . , .- ~^. --..-.--.-..-.. _.-._--~,_. 16A6 disbursed, whether pursuant to this Agreement or a provision of the Construction Loan, shall accrue interest. 4. The escrowed funds shall be released to the Developer only upon written approval of the Development Services Director who shall approve the release of the funds on deposit not more than once a month to the Developer, in amounts due for work done to date based on the percentage completion of the work multiplied by the respective work costs less ten percent (10%); and further, that upon completion of the work, the Development Services Director shall approve the release of ar:1Y remainder of escrowed funds except to the extent of $39,097.30 which shall remain in escrow as a Developer guaranty of maintenance of the Required Improvements for a minimum period of one (1) year pursuant to Paragraph 10 of the Agreement. However, in the event that Developer shall fail to comply with the requirements of this Agreement, then the Lender agrees to pay to the County immediately upon demand the balance of the funds held in escrow by the Lender, as of the date of the demand, provided that upon payment of such balance to the County, the County will have executed and delivered to the Lender in exchange for such funds a statement to be signed by the Development Services Director to the effect that: (a) Developer for more that sixty (60) days after written notification of such failure has failed to comply with the requirements of this Agreement; (b) The County, or its authorized agent, will complete the work called for under the terms of the above-mentioned contract or will complete such portion of such work as the County, in its sole discretion, shall deem necessary in the public interest to the extent of the funds then held in escrow; (c) The escrow funds drawn down by the County shall be used for construction of the Required Improvements, engineering, legal and contingent costs and expenses, and to offset any damages, either direct or consequential, which the County may sustain on account of the failure of the Developer to carry out and execute the above-mentioned development work; and (d) The County will promptly repay to the Lender any portion of the funds drawn down and not expended in completion of the said development work. 5. Written notice to the Lender by the County specifying what amounts are to be paid to the Developer shall constitute authorization by the County to the Lender for release of the specified funds to the Developer. Payment by the Lender to the Developer of the amounts specified in a letter of authorization by the County to the Lender shall constitute a release by the County and Developer of the Lender for the funds disbursed in accordance with the letter of authorization from the County. 6. The Required Improvements shall not be considered complete until a statement of substantial completion by Developer's engineer along with the final project records have been furnished to be reviewed and approved by the Development Services Director for compliance with the Collier County Subdivision Regulations. 7. The Development Services Director shall, within sixty (60) days of receipt of the statement of substantial completion, either: a) notify the Developer in writing of his preliminary 2 ---~,._"~--"> ~'--"'.~--_.~'- - .._..- >-..,----..... -'---- 16A6 approval of the improvements; or b) notify the Developer in writing of his refusal to approve the improvements, therewith specifying those conditions which the Developer must fulfill in order to obtain the Director's approval of the Required Improvements. However, in no event shall the Development Services Director refuse preliminary approval of the improvements if they are in fact constructed and submitted for approval in accordance with the requirements of this Agreement. 8. Should the funds held in escrow be insufficient to complete the Required Improvements, the Board, after duly considering the pUblic interest, may at its option complete the Required Improvements and resort to any and all legal remedies against the Developer. 9. Nothing in this Agreement shall make the Lender liable for any funds other than those placed in deposit by the Developer in accordance with the foregoing provision; provided, that the Lender does not release any monies to the Developer or to any other person except as stated in this Escrow Agreement. 10. The Developer shall maintain all Required Improvements for one (1) year after preliminary approval by the Development Services Director. After the one (1) year maintenance period by the Developer and upon submission of a written request for inspection, the Development Services Director shall inspect the Required Improvements and, if found to be still in compliance with the Code as reflected by final approval by the Board, the Lender's responsibility to the Board under this Agreement is terminated. The Developer's responsibility for maintenance of the Required Improvements shall continue unless or until the Board accepts maintenance responsibility for and by the County. 11. All of the terms, covenants and conditions herein contained are and shall be binding upon the Developer and Lender, and respective successors and assigns of the Developer and Lender. IN WITNESS WHEREOF, the Board, the Developer and the Lender have caused this Agree~nt to be executed by their duly authorized representatives this 2. 4- day of t> ,. , 2004. Signed, sealed and delivered in CAYO COSTA, L.C., a Florida the resence of: limited liability company By: GREAT LAKES HOMES OF S.W. FL., INC., a Florida corporation, as Mana By: LEO J. SALVATORI Witness NO.2 Printed Name 3 .-- -'- --"_.'--- "'_"_'__''',._M _...~.._-~ ~,-----" at~~~~~L. 16A6 ........ .~~ . Witness No. 1 Signature PRISCILLA KON!C:.,.' By. ~.__ William E. Himes, as Executive Slls tj print~ l Vice President a 14 i k . t/L LC2... Witness No.2 Si;j)ure . H!QW1er . 'Birl1e- Witness NO.2 Printed Name ATTEST: BOARD OF COUNTY COMMI lONERS OF COLLIER ' ", ,'" ~ DWIGHT E. a~oq.f$~'.~E~K COU FLORIDA d - '-::,.....>_:~-- -'..' ~~ " By: Donna Fiala, Chairman Item # .!k.llb.- ~~~;da ~l:)'41~4 Dat3 ~~ Rec'd 4 _.,~.--. -"">'-'"0'- -- f:- ,. "-, '. '; '. '-~ ,.., , , -. "":: - .~~ ~ - "'.' c. ~ ' .' . " . . 4 LANDY ENGINEERING, INC. 16A6 EXHIBIT" A" April 13, 2004 Mr. John Houldsworth Collier County Community Development 2800 South Horseshoe Drive ,.- Naples, FL 34104 ~ Re: CAYO COSTA UNIT ONE Moon Lake (Naples Lakes PUD) Final Plat Dear John: Attached please find the following materials for the above referenced project: .' -\ . . . One (1) copy of the Engineer's Estimate of Probable Cost . . . One (1) copy of the revised Construction & Maintenance Agreement Based on our site inspection this date, there are still outstanding items which will have to be bonded for plat recording purposes. We feel the required bond will be $39.097.30 ($22.177.30 for one (1) year maintenance plus $16.920.00 for improvements not completed) based on the following. . , ... 10% of all improvements $22,177.30 ... 100% sidewalk $ 4,920.00 ... 100% lighting $ 5,000.00 ... 100% signage & striping $ 2,500.00 ... 100% seed & mulch R.O.W. . $ 4.500.00 TOTAL . $39,097.30 . t .. ;"J I' .1,; . - ,,' . . Please n;view ~Iie'attad!.ed information. If you have any questions, please call me. .,t ., _,.' _' . ,'. .. ,,~ ' . ",' J :t..., ~:~.t {~ : -E.~:~\ 's . ... " . y qI~EroNP:INC. . : ~'II' ". ~(Slt4t Micha(;l J! Lari . -: ~"'~ I' . ~ '....... - ...) ....',.. ~.~~ :. ProJesslOJPl Engineer #~ 4107;5 .'- '-""', ''''.. ;/'" ~.. ..... ... State ofFierida ' ,...,>. . ... .'}" /- '~.""'''~:.' '...'<~~:" ." . ~' : ~-~~", ': ~~ ,\ J )":,: } '0 , <' 2780 SOUTH HORSESHOE DRIVE - SUITE 6 NAPLES, FLORIDA 34104 TELEPHONE (239) 261 - 6999 FAX (239) 430 -1664 -.-....,-...,--- -....,------' ..-..-..._........_......- 16A6 ENGINEER'S PRELIMINARY ESTIMATE OF PROBABLE COSTS PROJECT: CAYO COSTA UNIT ONE DATE: 04/05/04 ITEM DESCRIPTION QTY. UNIT COST PRICE I PAVING 3/4" ASPHALT (1st LIFT) 2.810 SY $2.60 $7,306.00 314" ASPHALT (2nd LIFT) 2.810 SY $2.75 $7.727.50 6" BASE 2,810 SY $6.35 $17,843.50 12" STABILIZED SUBGRADE 3,470 SY $2.40 $8.328.00 VAlLEY GUTTER 2,030 LF $6.60 $13.398.00 SEED/SOD 1 LS $4.500.00 $4,500.00 SIDEWALK 820 LF $6.00 $4.920.00 SIGNAGE & STRIPING 1 LS $2,500.00 $2.500.00 TOTAL PAVING $66,523.00 II DRAINAGE 18" R.C.P. 691 LF $20.00 $13,820.00 GRATED INLET 2 EA $1.000.00 $2.000.00 THROAT INLET 6 EA $1,500.00 $9.000.00 STORM MANHOLE 1 EA $1.200.00 $1,200.00 HEADWALL (18") 2 EA $1,000.00 $2.000.00 TOTAL DRAINAGE $28,020.00 III WATER 8" C-900 WATER MAIN 1,075 LF $13.00 $13,975.00 FIRE HYDRANTS 3 EA $2,100.00 $6,300.00 8" G,V.'s 3 EA $800.00 $2,400.00 PERMANENT SAMPLE PT. 1 EA $900.00 $900.00 CONNECT TO EXISTING 1 EA $1,000.00 $1.000.00 4. PVC CONDUIT 400 LF $5.00 $2.000.00 TESTING 1 LS $1,500.00 $1.500.00 TOTAl WATER $28,075.00 IV SEWER 8" DR35 SEWER MAIN 877 LF $28.00 $24.556.00 SANITARY MANHOLE 4EA $2.300.00 $9,200.00 CONNECT TO EXISTING 1 EA $1,500.00 $1,500.00 DOUBLE SEWER SERVICES 8EA $550.00 $4,400.00 SINGLE SEWER SERVICES 9 EA $525.00 $4.725.00 TESTING 1 LS $1.500.00 $1,500.00 TOTAL SEWER $45,881.00 V EARTHWORK & MISCELLANEOUS CLEARING & GRUBBING 5 AC $1.500.00 $7.500.00 FILL ROADWAY TO BOTTOM OF SUBGR 2.890 CY $7.50 $21.675.00 ENVIROFENCElEROSJON CONTROL 1 LS $4.000.00 $4,000.00 SURVEY LAYOUT 1 LS $7.599.00 $7,599.00 FPUUTSlMEDIA ONE CONDUIT 1 LS $2.500.00 $2,500.00 FINAL INSPECTIONS/SITE MAINTENANCI 1 LS $5.000.00 $5,000.00 LIGHTING 1 LS $5,000.00 $5.000.00 " TOTAL EARTHWORK & MISCELLANEOUS $53.274.00 TOTAL SUBDIVISION IMPROVEMENTS $221,773.00 ~' C'-'"\ _..-.~,..._--~-'-'-'"' --....-.-.---.- ,._~.. .--.---- _._~..- 16A6 TransCapilal Bank EVIDENCE OF AUTHORITY May 10, 2004 To Whom It May Concern: This document is to certify that William E. Himes, Executive Vice President of TransCapital Bank has the necessary authority to execute the $39,097.30 Construction, Maintenance and Escrow Agreement for Subdivision Improvements on behalf of The Board of County Commissioners of Collier County, Florida for TransCapital Banle Bank: TranscaPzt ) , ~A ~~-/ By: Floyd D. Harper Gorpoi:ate Sc~l Title: President & CEO , TransCapitai Bank 2100 E HalladCl1e Beech DI'~ci . Hallonda!e Beach. FL 33009 / (954) 456-332: -----.~..-.~ -' ---".".~~~ ~--,,-_..- ,._..~ , 16 A 71, . CONSTRUCTION, MAINTENANCE AND SECURITY AGREEMENT FOR SUBDIVISION IMPROVEMENTS CITGATE COMMERCE PARK, PHASE ONE CITYGATE DEVELOPMENT, LLC THIS CONSTRUCTION, MAINTENANCE AND SECURITY AGREEMENT FOR SUBDIVISION IMPROVEMENTS entered into this ~day of q:~b' ,2004, by and between CITYGATE DEVELOPMENT, LLC, a Florida limited liability company (hereinafter "Developer"), and the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA (hereinafter the "Board"). RECITALS: A. Developer has, simultaneously with the delivery of this Agreement, applied for the approval by the Board of a certain plat of the subdivision to be known as: Citygate Commerce Park, Phase One. B. The subdivision will include certain improvements which are required by Collier County ordinances, as set forth in a site construction cost estimate ("Estimate") prepared by Hole Montes, Inc., a copy of which is attached hereto and incorporated herein as Exhibit "A". For purposes of this Agreement, the "Required Improvements" are limited to those described in the Estimate. C. Division 3.2 of the Collier County Land Development Code requires the Developer to provide appropriate guarantees for the construction of and maintenance of the Required Improvements. D. Developer has caused National City Bank (hereinafter "Issuer") to issue a letter of credit dated , wherein the Board is named as "Beneficiary" and the Issuer agrees to duly honor drafts drawn under and in compliance with the terms of said letter of credit, up to an aggregate amount of $1,709,814.70, which letter of credit is attached as Exhibit "B" hereto and hereby incorporated herein (the "letter"). E. Developer and the Board acknowledge that the amount Developer is required to guarantee pursuant to this Agreement is $1,709,814.70, and this amount represents 110% of the Developer's engineer's estimate of the construction costs for the Required Improvements. NOW, THEREFORE, in consideration of the foregoing premises and mutual covenants hereinafter set forth, Developer and the Board do hereby covenant and agree as follows: 1. Developer will cause the water, sewer, roads drainage (and like facilities), the Required Improvements, to be constructed pursuant to specifications that have been approved by the Development Services Director within eighteen (18) months from the date of approval of said subdivision plat. 2. Developer herewith tenders as its subdivision performance security the Letter, in the amount of $1,709,814.70, which amount represents 10% of the total contract cost for the Required Improvements ($155,437.70), plus 100% of the estimated cost to complete the Required Improvements ($1,554,377.00) as of the date of this Agreement. _._--,'"-- -- -- ._--,..,--- 16A7 of . - 3. In the event of default by the Developer or failure of the Developer to complete the Required Improvements within the time required by the Collier County Land Development Code, Collier County may draw upon the Letter to insure satisfactory completion of the Required Improvements. 4. The Required Improvements shall not be considered complete until a statement of substantial completion by Developer's engineer along with the final project records have been furnished to be reviewed and approved by the Collier County Development Services Director for compliance with the Collier County Land Development Code. 5. The Development Services Director shall, within sixty (60) days of receipt of the statement of substantial completion, either: a) notify the Developer in writing of his preliminary approval of the Required Improvements; or b) notify the Developer in writing of his refusal to approve the Required Improvements, therewith specifying those conditions which the Developer must fulfill in order to obtain the Director's approval of the Required Improvements. However, in no event shall the Development Services Director refuse preliminary approval of the Required Improvements if they are in fact constructed and submitted for approval in accordance with the requirements of this Agreement. 6. The Developer shall maintain all Required Improvements for a minimum period of one (1) year after preliminary approval by the Development Services Director. After the one (1) year maintenance period by the Developer has terminated, the Developer shall petition the Development Services Director to inspect the Required Improvements. The Development Services Director or his designee shall inspect the improvements and, if found to be still in compliance with the Collier County Land Development Code as reflected by final approval by the Board, the Board shall release the remaining 10% of the subdivision performance security ($155,437.70). The Developer's responsibility for maintenance of the Required Improvements shall continue unless or until the Board accepts maintenance responsibility for and by the County. 7. Three (3) months after the execution of this Agreement and once within every three (3) months thereafter, the Developer may request the Development Services Director to reduce the dollar amount of the Letter of Credit on the basis of work completed. Each request for a reduction in the dollar amount of the subdivision performance security shall be accompanied by a statement of substantial completion by the Developer's engineer together with the project records necessary for review by the Development Services Director. The Development Services Director shall grant the request for a reduction in the amount of the subdivision performance security for the improvements completed as of the date of the request, except to the extent of $155,437.70, which shall remain available under the Letter as Developer's guaranty of maintenance of the Required Improvements for a minimum period of one (1) year pursuant to Paragraph 6 of this Agreement. 8. In the event the Developer shall fail or neglect to fulfill its obligations under this Agreement, upon certification of such failure, the county Administrator may draw upon the Letter to secure satisfactory completion, repair and maintenance of the Required Improvements. The Board shall have the right to construct and maintain, or cause to be constructed or maintained, pursuant to public advertisement and receipt and acceptance of bids, the Required Improvements described herein. The Developer, as principal under the Letter, shall be liable to pay and to indemnify the Board, upon completion of such construction, the final total cost to the Board thereof, including, but not limited to engineering, legal and contingent costs, together with any damages, either direct or consequential, - --.._-~.,,- --_.._---'--~_. . It,A7~~ which the Board may sustain on account of the failure of the Developer to fulfill all of the provision of this Agreement. All of the terms, covenants and conditions herein contained are and shall be binding upon the Developer and the respective successors and assigns of the Developer. IN WITNESS WHEREOF, the Board and Developer have caused this Agreement to be executed by their duly authorized representatives this zA dayof_f~ ~ ,2004. Signed, sealed and delivered DEVELOPER: CITYGATE DEVELOPMENT, LLC in the presence of: a Florida Limited Liability Company twf.(~ Witness # I I Print Name Below: fir/at:- [ .l?tk/~/1 iJr9~ Wit ess #2 Print Na~e Below: 0 tJ .... :];/"v F ,erptv STATE OF OHIO COUNTY OF SUMMIT The foregoing instrument was acknowledged before me this /{P 111 day of Fe-MtI#~ t: 2004 by Joseph R. Weber, on behalf of the Company as Vice President of Citygate Development, LLC, a Florida Limited Liability Company. He is Eersonally know to me or has produced as identification. WITNESS my hand and official seal this I~ ft'1day of r&-6111111j(f ,2004. ~ql~1Yc4J ~ ..... ~ PATRICIA L. JONES. NoIary P_ ~..'" SE~dence - Medina County ~:........ :..1 wide Jurisdiction, Ohio i.. ," : E Name of Notary typed, s My COmmI8alon expires OCt 1, 2008 \d'i.. ..~I ~ r.E." .o.'fj~" NOTARY PUBLIC "'II,,,9.fal"'~ ~ Commission Number: Attest: ,"<',D\Jgh1~Etrock, Clerk BOARD OF COUNTY COMMISSIONERS . . '. (/' " OF COLLIER UNTY, FLORIDA ~ " . " ., , . (, (" - ~1'-.' .- ~ ' 'signa ur. .1,. /1,117 <'//1 Approvedo~sto fonn and legal sufficiency: Item # ~,~~~m~Y C> Agenda ~z.J!~f" Date _ Date 1/~ i~:. Rec'd --......-- -- JRN-03-1900 23: 14 p.m I " . 16A7 ~ eNGlNEER.S PROBABLE COST I CITY QATE . PHASE ON! COMMERCIAL i HM File No. 1998.147 January 2004- ~::.~~- _ _.r_" .~:." ~'~:'~~i;.i.~'~.?r.~~ T.' 278 SY' $4.00 ".11<<.00 Sill 19.407. SV $1.00 $'1$5.....00 1El,886 ft'( $6.20 $122 ou.ao 22..1. Sf $2.00 14S,Q36.0D 2,772 u: $".00 saO.482.oo 5,"1 I) L.F $12.00 SS8 5120.00 6.115 LF '11.00 1U,82.!!i.oo US IA. 1100.00 $1 .00 3 SA $180.00 $4aO.OO ,. EA $1110.00 '1,820.00 1$0 LF se.oo IB8O.OO WhIIIIl ) .. I.F $2..50 51.587.50 940 LF 10.20 $''''00 ISO LF SO.2S $220.00 . EA S7!l..OG S3.8e5,OO 4,298 LF 50.25 $1 074.80 0 cy saDO SO.ao 21,180 Cy $1.50 54:11.170.00 is,BOO lJ' 11.25 S'21,ooO.co 7.40 pi;; $1,350.00 S9,9W.OO 6,700 LF SUO I$.~.OO II IiA $5.00 140.00 2.300 LF 14.50 58.800.00 "',7 ~ a.eso.oo '13101.00 s- DclUbIo VeIItlw 1,600 LF 50.50 $BOO.OO ~.s 2M I.F $Ui" aH.OD ~I~ and carMlng 1181,835...2D ~~~~~~~T~iFr~:.~~~,~~fr-f~~ . . 19"dO- F1CP 1.seD LF S34..ta h7 81'.00 QA"Jr3a" ReP 55 LF 544.so $2,447.50 2A- FlOP 1.130 LF AUD 141.&Sl7.00 SO" RO" 7tI 1..F $41.10 ~1 871,00 sa- RC? 32S LF H1.60 $18.770.00 IJ;24 IlIeP ass LF ..80 ~1'.eas.OO 48- ROP 180 LF $7SUO 512.784.00 Junclb\ .. 5 I!!A 52'uo.OO S1S,2S0.DO ....... End ,1")( 50" 2 EA. $1~.oa 52,400.00 0ldJ;1h s.I/I -A" U w.. $21300.00 $44.000.00 se . Box 4 EA S2.DOO.QO $11 gOO.OO .hl~ BclDc 8' X a' Win 1. X so 5 I!A a...GO $14.995.00 ecn.tNet FerirneW Berm " ,4&0 LII SUlCI SSS,520.00 &.Ibtot8I D~ 1311 ~.6U S:\'~111U1~lIiomDlIl~ I'llOe 1 -- - _. - -.- ,f:..X~ 'b" A JAN-12I3-19121121 23: 15 ~ P.12I4 .. . ENGINEER'S PROBABLE COST cm GATE . PHASE ONE COMMERCIAL 16A7 i HM FlI. No. 1998.147 Janumy 2004 :~...~~~ ....:.-_,-=----~~-~--{~~?/!fTi;:~~:.:;~.~z~ . . . ~ 0U;h ~ .26 28, 31 Ii. S2 ..., , EA. S9,5gC).DO $14.000,0ll cmstfUCl~ 1 LS $40 000.00 $4Q,OOO.oo ...... L,.ets 1 $ & 16 3 PiC $2.100.00 S8 10.00 '1llI' Pertmet8r Serm :u NJ p,DOO.oo ..100.00 Stl..DO 1 eA GO.co 18,000.00 no LF $44..5g $4 091.00 ..... lJI sat.oc $1l!!i,805.uQ 80 L.F $90.00 18,too.OO 4&" 1,040 LF S29.0l,'l S30 180,00 a iA $2.988.00 ",181.00 "8" 1 !A g,ooo.OO $2.000.00 7 EA $1.200.00 sa,400.00 100 1.F $29.00 S2.IM.GO ~ BtI:lmlIntM' e..tn 8118,5&1J)t1 ~~<~'~-!;.~~:tr:r~~~t~.::r;::;;;~"~ ~::.?:~;:~-~:t~~ 1,es2, LF 517..20 _,070.,&0 2a7 I.F sza.2fl $I.m .40 - LF saG.7CI 10.00 .to IF $41.00 11,230.00 3 3 1 . 551 ~ $7.!iD 1,800 I.F $1.ao 1,_ LF $1.50 , L& 5115.000,00 240 LF 51&.00 see L.F 51~ 13 EA '150.00 1 LQ 000.00 8- 1 SA $1.300.00 2 ~ $1,100,00 4 l.S 51.200.00 1 I.S 180,*.00 ~ ...,., IterM ~80 Sl\>1I!l8I.,..,~-"ItI~ 1"..,2 ..-- JAN-03-1900 23: 15 . P.05 . I I . ENGINEEAIS PROBABLe COST I' 16A7 4 CITY DATE - PHASE ONE COMMERCIAL . ~ HM File No. 1898.147 January 2004 - UI/ItJtJ I..htIl Ot:lsr Tlllal r A1JO 1.H' SY A,oo S10.~00 8- l.ImII'oCk 1.118 SY $1.OU S7,..oo t~ .,252 l!f'( 12-50 sa. 1SO.00 -A" Curb .. LF 512.00 S1.1aco "'F'"Ourb 182 IJ' $14.00 12,.548.00 S" $IdIaIC ;.'If LP' 511.00 sua,oo 8' SidewlIIlk 1as LF $12.00 $1.",00 ." WhIIl1 I!drio 600 LF 10.26 $UiO.DO 24" SIIaC b8r ,.,. I..,.. SUO S8S!.CD .. Prep 1 LS ,S3,aog.oo ss.aoo.OO ..bf.al8I ~ RIGht Turn twme SIO..441.oo ." Unfl. Unl CCIII Tal 3-N!JC 1,H1 tft( ".00 111 .148.00 a- t.Jnwook 1J1S1 SV 17.00 $B,U1.00 1~ slii:Dad& 1,412 5Y ~ 53..510.00 -A' Ct.Irb 11S LF 512..00 !l1,SSEi.CO "F" CUrb :t1. I..F $14.00 58.010.00 !} SIdewIIIk M LF 111.00 Sl74.oo ..~ 180 u= 112.CO $1 920.00 24" ACP 147 LPt _.00 IS, 145.00 24' Milwel;I Er1d a ~ Suoo,oo SlLIOCl.OO 8" WllIla sIrio 51. LF ~.21$ $1a9.!o li!4___ 122 LF $5.DO 5&10.00 ~ P/e1l 1 LS 13,000.00 $S,OOC.OO ~ raa.n PIIahtTum tt.m8 S42.Q5l;l,IO , Un;;. IJ:Jl8J 3'/1IJJf; 720 8'( :n.ee $6.410.00 a-1.JI\'Jel'JlICk 720 SY 57.00 115,06(1.00 1r Su--- 8CICI SY S2-50 $2...000.00 -". CUrb S3S l.F S14~ 18,190.00 nlfn/AlrOllS 6 EA $75..00 5*.00 SIe Pr10 1 LS u,ooo.OO $3.000.00 ~~LeftTumhm' I2!i~DO ~~ 17 eA S3,5(l!;! .00 SIt,soo.QD "SsttincI pcp 1 1.8 sa.OOD..ao $3,000.00 8ubteI8I ~ I~ S11Q,1S1.6U a:\.MS\,wa'\47'lPtoDCl'~IlId~ II.. a JAN-03-1900 23: 15 . P.06 . - ENGINEER'S PROBABLE COST 16A7 . ~~ CITY GATE - PHASE ONE COMMERCIAL HM File No. 1*.147 January 2004 ::.;:::" , ~:(:;;..~~:r;~~ ~~i~~~;~i~~~ . . ~ I5S5 LJi SlUO $5 I5.GO 110 LF 516.50 S5.115.QO 1.. LF $22.00 $30,880.00 18 EA S720.00 111,520.00 2 EA $1.110,00 12,220.00 2 EA. $1,500.00 53.000.00 Palnl a EA 1870.00 $2 .00 4 EA _0.00 400.00 1 EA $1 000.00 .1,OGO.DO 1 L.$ '1,350.00 $U.1O.00 11 EA $2,200.00 -'4,200.00 2 EA $1 100.00 sa.ZOO,DO Suibbltal Walw l-.nll Total , Q:mtlngehOY r:.::~;!\.:~:~.) ~~~.~~:c;!~~~~!J-~~~~~~~~ff~:ti~~~~:~;~'..~&;!;:l.,-~--.mJl!^ ~..~:~~~~:G}.i~i~~~.~5!-.(:J )( { ((j C)/ 0 -- - tb L "10'7, ~l4-. It) Jerry Neal, P.!. #26648 6.i-,. Hole Montes, Inc. 4 SSO Enogre Way Napla, FIclrida 3411 C 239-2SA-2000 J;J~ IiE\1ll811\1_;.c~;~.'" .PlMUlUl p... . TOTAL P.06 -"-".~- ---- r ]:-6-A-7 1 ,~ National City:. GLOBAL TRADE SERVICES #7537 TELEX: 212537 STANDBY LETTER OF CREDIT DEPARTMENT ANSWER BACK: NCB UR P.O. BOX 5101 SWIFT: NATCUS33 CLEVELAND, OH 44101-0101 U.S.A. 1-800-NCC-INTL STREET ADDRESS: (622-4685) 23000 MILLCREEK BLVD. FAX: (216) 488-7550 CLEVELAND, OH 44122 FAX: (216) 488-7552 IRREVOCABLE STANDBY LETTER OF CREDIT NO. SCL009645 DATE: FEBRUARY 19,2004 BENEFICIARY: APPLICANT: THE BOARD OF COUNTY COMMISSIONERS CITYGA TE DEVELOPMENT, LLC COLLIER COUNTY FLORIDA 159 SOUTH MAIN STREET, SUITE 500 2800 N. HORSESHOE DR. AKRON, OH 44308 NAPLES, FL 34104 DATE AND PLACE OF EXPIRY: FEBRUARY 16,2005, CLEVELAND, OHIO WE HEREBY ESTABLISH OUR IRREVOCABLE STANDBY LETTER OF CREDIT NO. SCL009645 DATED FEBRUARY 19,2004, IN YOUR FAVOR IN THE AMOUNT OF U.S. $1,709,814.70 (ONE MILLION SEVEN HUNDRED NINE THOUSAND EIGHT HUNDRED FOURTEEN & 70/100 U.S. DOLLARS) FOR THE ACCOUNT OF CITYGA TE DEVELOPMENT, LLC, 159 SOUTH MAIN STREET, SUITE 500, AKRON, OH 44308. FUNDS ARE A V AILABLE BY YOUR DRAFT AT SIGHT DRAWN ON NATIONAL CITY BANK, CLEVELAND, OIDO ("ISSUER") AND ACCOMPANIED BY BENEFICIARY'S STATEMENT PURPORTEDLY SIGNED BY THE COUNTY MANAGER., CERTIFYING THAT: "CITY GATE DEVELOPMENT, LLC HAS FAILED TO CONSTRUCT AND/OR MAINTAIN THE IMPROVEMENTS ASSOCIATED WITH THAT CERTAIN PLAT OF A SUBDIVIStON KNOWN AS (INSERT NAME OF SUBDIVISION) OR A FINAL INSPECTION SA TISF ACTORY TO COLLIER COUNTY HAS NOT BEEN PERFORMED PRIOR TO THE DATE OF EXPIRY, AND SATISFACTORY ALTERNATIVE PERFORMANCE SECURITY HAS NOT BEEN PROVIDED TO AND FORMALLY ACCEPTED BY THE BENEFICIARY." THIS LETTER OF CREDIT SHALL BE VALID UNTIL FEBRUARY 16,2005 AND SHALL THEREAFTER BE AUTOMA TICALL Y RENEWED FOR SUCCESSIVE ONE-YEAR PERIODS ON THE ANNIVERSARY OF ITS ISSUE UNLESS AT LEAST SIXTY (60) DAYS PRIOR TO ANY SUCH ANNIVERSARY DATE, THE ISSUER NOTIFY THE BENEFICIARY IN WRITING BY REGISTERED MAIL THAT WE ELECT NOT TO SO RENEW THIS LETTER OF CREDIT. DRAFT(S) DRA WN UNDER THIS LETTER OF CREDIT MUST BE MARKED: "DRAWN UNDER NATIONAL CITY BANK, CLEVELAND, OHIO LETTER OF CREDIT NO. SCL009645, DATED FEBRUARY 19,2004". THE ORIGINAL LETTER OF CREDIT AND ALL AMENDMENTS, IF ANY, MUST BE PRESENTED FOR PROPER ENDORSEMENT. I ~I...J.:',:: ~ ~-"'/ . ORIGINAL ..",.".~ _.....".~ .,...,-- -~_. NationalCil}(, GLOBAL TRADE SERVICES #7537 ELEX: 212537 STANDBY LETTER OF CREDIT DEPARTMENT ANSWER BACK: NCB UR P.O. BOX 5101 SWIFT: NATCUS33 CLEVELAND, OH 44101-0101 U.S.A. 1-800-NCC-INTL STREET ADDRESS: (622-4685) 23000 MILLCREEK BLVD. FAX: (216) 488-7550 CLEVELAND, OH 44122 FAX: (216) 488-7552 PAGE 2 OF 2 ; LlC NO. SCL009645 THIS LETTER OF CREDIT SETS FORTH IN FULL THE TERMS OF THE ISSUER'S UNDERTAKING AND SUCH UNDERTAKING SHALL NOT IN ANY WAY BE MODIFIED, AMENDED, OR AMPLIFIED BY REFERENCE TO ANY DOCUMENT, INSTRUMENT, OR AGREEMENT REFERENCED TO HEREIN OR IN WHICH THIS LETTER OF CREDIT RELATES, AND ANY SUCH REFERENCE SHALL NOT BE DEEMED TO INCORPORATE HEREIN BY REFERENCE ANY DOCUMENT, INSTRUMENT OR AGREEMENT. THE ISSUER HEREBY ENGAGES WITH BENEFICIARY THAT DRAFT(S) DRAWN UNDER AND IN COMPLIANCE WITH THE TERMS OF THIS LETTER OF CREDIT WILL BE DULY HONORED IF PRESENTED TO OUR OFFICE AT 23000 MILLCREEK BLVD, AnN: GLOBAL TRADE SERVICES, CLEVELAND, OHIO 44122 WITHIN THE VALIDITY OF THIS LETTER OF CREDIT. THIS LETTER OF CREDIT IS SUBJECT TO THE UNIFORM CUSTOMS AND PRACTICE FOR DOCUMENTARY CREDITS, 1993 REVISION, INTERNATIONAL CHAMBER OF COMMERCE PUBLICA TION NO. 500. VERY TRULY YOURS, BY: By:)n~~~ MICHAEL K. K LESAR VICE PRESIDENT ORIGINAL "'"~--._,.-,-,-,-,,,.~--, NationalCilye INTERNATIONAL DIVISION #7532 TELEX: 212537 P.O. BOX 5101 ANSWER BACK: NCB UR CLEVELAND. OHIO 44101-0101 U.S.A. SWIFT: NATCUS33 STREET ADDRESS:. LETTER OF CREDIT 1-800-622-8074 23000 MILLCREEK BLVD. EXPO RTS OPTION 3 CLEVELAND. OHIO 44122 STANDBY'S OPTION 4 COLLECTIONS OR FOREIGN CHECKS OPTION 5 AMENDMENT TO LETTER OF CREDIT NO. SCL009645 ISSUED ON 02/19/04 AMENDMENT DATE: 02/20/04 AMENDMENT NUMBER: 1 ; FOR THE ACCOUNT OF: CITYGATE DEVELOPMENT, LLC 159 SOUTH MAIN STREET, SUITE 500 AKRON, OH 44308 IN FAVOR OF: THE BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY FLORIDA 2800 N. HORSEHOSE DR. NAPLES, FL 34104 THE ABOVE MENTIONED LETTER OF CREDIT IS AMENDED AS FOLLOWS: PLEASE ADD THE NAME OF SUBDIVISION IN THE BENEFICIARY STATEMENT AS FOLLOWS: "CITY GATE COMMERCE CENTER, PHASE ONE" ALL OTHER TERMS AND CONDITIONS REMAIN UNCHANGED. THIS AMENDMENT IS TO BE CONSIDERED AS PART OF THE ABOVE CREDIT AND MUST BE ATTACHED THERETO. A HORIZED SIGNATURE NATIONAL CITY BANK CLEVELAND, OHIO BDB 804610 (Rev. 111011 ORIGINAL ._,..~ "-~,,__,,'.-'--"~. National City National C~ ~ A 7 1. Corporate Banking National City Center I Cascade Plaza Akron, OH 44308 (330) 375-8443 Fax (330) 375-8029 E-Mail: kevln.thompson@nationalcity.com Kevin O. Thompson Senior Vice President March 3, 2004 The Board of County Commissioners Collier County, Florida 2800 North Horseshoe Drive Naples, Florida 34104 Re: Citygate Letter of Credit To Whom It May Concern: Please be advised that Stanosh Podar, the signatory on National City Letter of Credit Number SCL009645, dated February 19, 2004, for the benefit of Colllier County, is still an authorized signer. He has been promoted from Letter of Credit Specialist to Assistant Vice President. Please call with any questions. Sincerely, ~~()z;tZ~ Kevin O. Thompson KOT/e .".,,~-~ _._-,~< MEMORANDUM 1681 Date: February 25, 2004 To: Gerald Kurtz, Stormwater Management Transportation Road Maintenance Department From: Linda A. Houtzer, Deputy Clerk Minutes & Records Department Re: Donation Agreement between Antaramian Capital Partners, LLC. and Collier County Enclosed please find one copy of the document as referenced above, (Agenda Item #16B1), approved by the Board of County Commissioners on Tuesday, February 24, 2004. If you have any questions, please call me at: 774-8411 Thank you. Palm Street Outfall Ditch 1681 PROJECT: PARCEL: Ruffina Easement FOLIO #: 00386920008 DONATION AGREEMENT THIS DONATION AGREEMENT (hereinafter referred to as the "Agreement") is made and entered into by and between ANTARAMIAN CAPITAL PARTNERS, lLC, a Florida limited liability company, (hereinafter referred to as "Owner"), whose mailing address is, 365 5 TH Avenue South, Suite 201, Naples, Florida 34102-6575 and COLLIER COUNTY, a political subdivision of the State of Florida, (hereinafter referred to as "County"), whose mailing address is 3301 Tamiami Trail East, Naples, Florida 34112. WITNESSETH: WHEREAS, County has requested that Owner convey to the County a perpetual, non- exclusive easement for the purpose of drainage, utility and maintenance over, under, upon and across the lands described in Exhibit "A" (said easement hereinafter referred to as the "Property"), which is attached hereto and made a part of this Agreement; WHEREAS, Owner desires to convey the Property to County for the stated purposes, on the terms and conditions set forth herein; and NOW, THEREFORE, in consideration of these premises, the sum of Ten Dollars ($10.00), and other good and valuable consideration, the receipt and sufficiency of which is hereby mutually acknowledged, it is agreed by and between the parties as follows: 1. Owner shall convey the Property via an Easement to County at no cost to the Owner. The County will be responsible for any costs associated with the recording and transaction fees and any applicable curative or title work ordered that is necessary to complete this transaction, unless otherwise stated herein. 2. Prior to Closing, Owner agrees to reasonably cooperate with Purchaser in meeting any requirements of the title commitment as long as such cooperation does not result in any cost or expense to the Owner. 3. This Agreement shall be null and void, and of no further force or effect, unless Closing shall occur within ninety (90) days from the date County executes this Agreement. 4. Owner is aware and understands that this Agreement is subject to the acceptance and approval by the Board of County Commissioners of Collier County, Florida. 5. Owner represents that to the best of his knowledge the Property and all uses of the Property have been and presently are in compliance with all Federal, State and Local environmental laws. 6. This Agreement and the terms and provisions hereof shall be effective as of the date this Agreement is executed by both parties and shall inure to the benefit of and be binding upon the parties hereto and their respective heirs, executors, personal representatives, successors, successor trustees, and/or assignees, whenever the context so requires or admits. 7. Conveyance of the Property by Owner is contingent upon no other provisions, conditions, or premises other than those so stated above; and the written Agreement, including all exhibits attached hereto, shall constitute the entire Agreement and Donation Agreement 1 "--~ _..__....__"._.___0_._. ---^. 16BJ understanding of the parties, and there are no other prior or contemporaneous written or oral agreements, undertakings, promises, warranties, or covenants not contained herein. 8. The Owner holds the Property in the form of a limited liability company and as such all officers and directors are in agreement to donate this easement to the County for the intended purpose of a drainage easement. 9. This Agreement is governed and construed in accordance with the laws of the State of Florida. 10. No construction by Collier County shall take place on Owner's pertinent property prior to the conveyance of the described easement. 11. Upon installation of the new underground drainage facility, dirt will be filled in the ditch level to the existing surrounding ground elevation. IN WITNESS WHEREOF, the Grantor has caused these presents to be executed the date and year first above written. DATE ACQUISITION APPROVED BY BCC: AS TO COUNTY: DATED: ~ . .J... 5 . 0 tf BOARD OF COUNTY COMMISSIONERS COLLIE UNTV'FdA_ ~ .,ld A FIALA, CHAIRMAN ANTARAMIAN CAPITAL PARTNERS, llC, a Florida limited liability company Signature) BY: SLOANE STREET PARTNERS llC, ,,-r-;{( a Delaware limited liability company, Name: Its manager (Print) ~~~ BY: Witness (Signature) CK ANTARAMIAN, its President Name~{6(Af"- mcl<er"" (Print) Approved as to form and lip t:>I legal sufficiency: Item # .J/~ V U;~ Agenda dl . Ol L/ .() t.f Dale Date c::l'.15.o"f Ellen T. Chadwell Rec'd Assistant County Attorney ~)~ eputy Clerk Donation Agreement 2 -----" -.- ~'M_ 16a 1 ~--_..~ ... ,..<--.. .... <J ~ ~ - -!~ ~~ - * -.J~ ~<\j Z * vi ~ i~ o Cl::: '< II i= * l<.J ~ $I~ ; e:>-~:Sl~i~ ~ ~ Q:: 'I t; u '<(~Ii 'f- !~~~ ;i;=;i; i3i; ~:=;~; ~~=I- (J) ~ Q 0 1~ ~ SCALI:: ,'". 1!50' I ..._ I ~ ~ ~ & ;I~! ~ - I u.. <( t:: a: s I~ ~ ::J ! ~ 3 ! ! t'~3~~S~~~~ ~ o f- ~ ~ ;,:~~ .b ~ o ~ u ~ ~I~; ~ f- <= !:: ~~~ .. ~ w * '<(!!, l~ i ~ - ei ~ I (J) * ~ !Il1J~ I:i ~ * ~~Il i~ ~ ~ :~ <= Q ~ '<('" ..... g .. i'i ~ .. ~ !!l ~ d ;:: ~ .., ~ ~ ~ _ ill j;J ~ ~ ~ ~ i!i <.> c ~ I I . w f III is J VI as J ,. A'oOLC ~A~ I"U flUT IOOIC t 'ACE S2 W lit *OWl'll At nIl!)UIOc IntO: r C -..J ;;;e. I w . u ~ 9 ~ -!!!!Ii I ~~ 9 !i a. VI i fill ~ '< u 5 ~"I ~~ ! ~ ~ 9 9 . ~ j ;1 .,'. . ,... IntaT at i il . . ~ i t -<( ~ ~ ! ~ 1 li5~ ~ R h ~ ,., 01 0; ... %& ~ $ ~ rJj&f ",..to...:' <::l!ll -:"': lS....l<.i c. ~...~, ~~~ ",~g ~~i!: tl~5~ ~ ~ Vl~ ~ ~ ~~~l::l~~ ~ oq;: ~;t:~ ... ~CI:j~~~::' --------~ il ~ Ilf~~'... a i ~ ~ ~<::l"'u~""~ . ~~~~~~ ~ t Ii ~~~~~~~ ~ C)~13~ tI "~ W ~~~Cll<.iqj'" ~ !i 0- ~~i:5~C:>C:>!;j "- "' 8 C:SCl:j1t~~ ~ .. fL.:", "i ... ~ ; ~ '" 9 ;,! w c: 0 c: -'._- ~"-"'-"'.,-,---~ 168 1 .~ .-.... WilsOnMiller@ ,.. New Directions In Planning, Design & Engineering Legal Description of Part of the West 1/2 of the Northwest 1/4 of the Northwest 1/4 of Section 11, Township 50 South, Range 25 East, and part of Lot 8, Col-Lee-Co Terrace, Plat Book 1, page 32, Collier County, Florida. (Proposed Drainage Easement for Ruffina) All that part of the West 1/2 of the Northwest 1/4 of the Northwest 1/4 of Section 11, Township 50 South, Range 25 East and part of Lot 8, Col-Lee-Co Terrace, Plat Book 1, page 32, Collier County, Florida and being more particularly described as follows; Commencing at the Southwest Corner of Lot 107, Golden Shore Subdivision, as recorded in Plat Book 3, page 25, Collier County, Florida; Thence along the South line of said Lot 107, North 89040'01" East 140.03 feet to the West line of said Section 11; Thence along said West line South 00028'51" East 10.81 feet; Thence continue along said line South 00024'44" East 68.00 feet to the North line of Walker's Subdivision as recorded in Plat Book 1, page 36, Collier County, Florida; Thence along the North line of said Walker's Subdivision in the following four (4) described courses; 1) North 89058'50" East 145.89 feet; 2) South 85059'47" East 40~ 19 feet; 3) North 7r21 '07" East 149.36 feet; 4) North 75051'43" East 44.11 feet to the POINT OF BEGINNING; Thence leaving said line North 14008'17" West 20.00 feet; Thence North 75051'43" East 107.68 feet; Thence North 84032'18" East 42.86 feet; Thence North 89043'24" East 79.87 feet; Thence North 8r53'55" East 46.81 feet; Thence North 00039'53" West 54.76 feet; Thence North 89046'09" East 180.03 feet to a point on the West Right-of-Way line of Avenue "A" (now known as Frederick Street) per the plat of Col-Lee-Co Terrace, Plat Book 1, page 32, Collier County, Florida; Thence along said right-of-way South 00034'16" East 20.00 feet to the Southeast corner of Lot 8 according to said Plat; Thence along the South line of said Lot 8, South 89046'09" West 160.00 feet to a point on the West line of said Plat of Col-Lee-Co Terrace; Thence along said West line South 00039'53" East 56.23 feet to the Northeast corner of Lot 18, according to the Plat of Walker's Subdivision as recorded in Plat Book 1, page 36, Collier County, Florida; Thence along the North line of said Walker's Subdivision in the following three (3) described courses; 1) South 89043'24" West 145.89 feet; 2) South 84032'18" West 40.43 feet; 3) South 75051'43" West 106.16 feet to the POINT OF BEGINNING. Subject to easements and restrictions of record. Bearings are based on the West line of Lot 107, Golden Shores Subdivision, Being South 00029'24" East. Subject to easements and restrictions of record; Certificate of Authorization #LB-43. WilsonMilfer, Inc. Registered Engineers and Land Surveyors .. Date I - 02 . 2004- EXHIBIT -L Page 1.. of ~ Offices strategically located to flerve our clients 800.649.4336 NapleS/Corporate Office 3200 Bailey Lane, Suite 200 · Naples, Florida 34105 . 239.649.4040 . Fax 239.643.5116 wllsonmlller. com 11212004- 131831 Ver. 011- ......Joney ....... ~ 0312~-O Wl/sooMIII.r.lnc. - FL Lie:' LC-COOOI70 ~.._"- _---."------_.._._,.,~-_.. MEMORANDUM 1681 Date: February 25, 2004 To: Gerald Kurtz, Stormwater Management Transportation Road Maintenance Department From: Linda A. Houtzer, Deputy Clerk Minutes & Records Department Re: Donation Agreement between Nazdar, Inc. and Collier Cou nty Enclosed please find one copy of the document as referenced above, (Agenda Item #16B 1), approved by the Board of County Commissioners on Tuesday, February 24, 2004. If you have any questions, please call me at: 774-8411 Thank you. -~--_..__.- PROJECT: Palm Street Outfall Ditch 1681 PARCEL: Parcel 9 FOLIO: 26880040206 DONATION AGREEMENT THIS DONATION AGREEMENT (hereinafter referred to as the "Agreement") is made and entered into by and between NAZDAR INC., a Florida corporation,; clo DALE CHLUMSKY, (hereinafter referred to as "Owner"), whose mailing address is 1199 3RD Street South, Naples, Florida 34102-7056 and COLLIER COUNTY, a political subdivision of the State of Florida, (hereinafter referred to as "County"), whose mailing address is 3301 Tamiami Trail East, Naples, Florida 34112. WITNESSETH: WHEREAS, County has requested that Owner convey to the County a perpetual, non- exclusive easement for the purpose of drainage, utility and maintenance over, under, upon and across the lands described in Exhibit "A" (said easement hereinafter referred to as the "Property"), which is attached hereto and made a part of this Agreement; WHEREAS, Owner is willing to donate the Property to County for the stated easement purposes, on the terms and conditions set forth herein; and NOW, THEREFORE, in consideration of these premises, the sum of Ten Dollars ($10.00), and other good and valuable consideration, the receipt and sufficiency of which is hereby mutually acknowledged, it is agreed by and between the parties as follows: 1. Owner shall convey the Property via an Easement to County at no cost to the Owner. The County will be responsible for any costs associated with the recording and transaction fees and any applicable curative or title work ordered that is necessary to complete this transaction. 2. Prior to Recording the Drainage and Utility Easement, Owner agrees to reasonably cooperate with any reasonable stipulations of the title commitment as long as such cooperation does not result in any cost or expense to the Owner. 3. This Agreement shall be null and void, and of no further force or effect, unless the easement donation agreement is approved by the Board of County Commissioners within ninety (90) days from the date Owner executes this Agreement. 4. Owner is aware and understands that this Agreement is subject to the acceptance and approval by the Board of County Commissioners of Collier County, Florida. 5. Owner represents that to the best of his knowledge the Property and all uses of the Property have been and presently are in compliance with all Federal, State and Local environmental laws. 6. This Agreement and the terms and provisions hereof shall be effective as of the date this Agreement is executed by both parties and shall inure to the benefit of and be binding upon the parties hereto and their respective heirs, executors, personal representatives, successors, successor trustees, and/or assignees, whenever the context so requires or admits. 7. Conveyance of the Property by Owner is contingent upon no other provisions, conditions, or premises other than those so stated in this Agreement; and the written Agreement, including all exhibits attached hereto, shall constitute the entire Agreement and understanding of the parties, and there are no other prior or contemporaneous written or oral agreements, undertakings, promises, warranties, or covenants not contained herein. Donation Agreement 1 ~.t.t. FEB-06-200~ FRI 01:39 PM Lyocs & Lyons PA FAX NO, 2388481826 p, 03 1681 8. The Owner holds the Property in the form of a C"..orporation and as such all officers and directms are in agreement to donate this easement to the County for the intended purpose of a drainage easement. 9. This Agreement is governed and construed in accordance with the laws of the State of Florida. 10. No construction, except as specifically set forth in Paragraphs 11 and 12, by Collier County shall take place on Owner's pertinent property described in Paragraph 11 prior to the cL"Jnveyance of the described easement. 11. The Owner gives his permission to Collier County and/or Its representatives to remove the vegetation as County deems necessary on Owner's Lots 9,10 and 11. Col-Lee- Co Terrace as recorded In Plat Book 1, Page 32, of the Public Records of Collier County, Fionds, and as represented in Exhibit ~B", and to use land upon these Lots for the sole purpose of stagIng equipment and materials for a period 01 up to twelve months or until such time as the project is completed upon the owner's property, if less than twelve months. 12. The clearlr,g of this property Is contingent on the commencement of the intended stoiITtwater project. Collier County or its representatives will be responsible for the expense and the physioal clearing of woody vegetative materia! on Lote 9, 10 and 11 for the purpose of use as a staging area and clearing of the easement area. 13. The donation of the Property is contingent upon the County deeming that removal of the vegetation on Lots 9, 10 and 11 as described In Paragraph 11 above is necessary end does in fad cause the physical c1ea.ring of woody vegetation material on Lots' 9, 10 and 11. 14. The donation of the Property is contingent upon the project proceeding in accordance with the time line discussed in the letter of January 22, 2004 from Mr. Sartalone of Douglas N. Higgins, Inc. to the County's agent, Jerry Kurtz, attached hereto 'as Exhibit "C". If the clearing of the woody vegetative material as discussed above has not commenced by April 1, 2004, the Owners 8;jreement to donate the Property for staging purposes and the donation of a Drainage and Utility Easement will be deemed terminated, and escrow agent, Richard D. Lyons, Esq., is authorized to destroy the original executed easement instrument. 15. The Drafnage and Utility Easement will be sIgned by Owner at the time this Donation Agreement Is executed; however, It shall be held In escrow by Richard D. Lyons, ESQ., and wllf be released to the County for recording within five (5) business days after notification by ttle County or Its representative that the clearing of the vegetation on Lots 9, 10 and 11 has been completed. Owner's faillure to notify the County within 'five (5) business days 01 notice of completion, In writing and with specificity of any failure of County to meet the terms and conditions of paragraphs 11 and 14 above should be deemed a waiver of objection by OWner and authorization to Richard D. Lyons, Esq., for release of the Drainage and Utility Easement. 16. Once the County has recordecl possession of the Drainage and Utility Easement, the existing drainage ditch on Owner's property will be filled with dirt level to the surrounding existing elevation. Installation of the new underground drainage faCility will then be completed within the drainage easement. Donation Agreement 2 9f.~. t. ---"- ...~.._.-.~_._._.~ .""----~ 1681 IN WITNESS WHEREOF, the Grantor has caused these presents to be executed the date and year first above written. DATE ACQUISITION APPROVED BY BCC: AS TO COUNTY: DATED: ~. fL5"' o~ BOARD OF OUNTY COMMISSIONERS COLLIER NTY. FL2 _ ~ .,l.~ A FIALA, CHAIRMAN BY:~~ ~~,~ DALE E. CHLUMSKY as Vice President and Director of Nazdar, Inc., a Florida corporation Name: Approved as to form and legal sufficiency: -~ ~rY C/~~ Ellen T. Chadwell Assistant County Attorney Item # I G:,~ I Agenda ~.~ L/.O c.j Date Date tJ.. ~ ';; '0 '1 Rec'd 4nAitJjlmA~ puty Clerk Donation Agreement 3 ~.~ ~- 02/06/2004 14:16 FAX 2392135885 TRANSP RIGHT/WAY Ii! 002 1681 PUBLIC WORKS ENGINEERING DEPARTMENT 2685 HORSESHOE DRIVE SOUTH NAPLES, FLORIDA 34104 (239) 659-5773 PlWJECT NO.......... P AReEL NO...........,. FOLlO NO... TAX PARCEL NO........... LEGAL DESCRIPTION (NOT A SURVEY) LOTS W r' ;:l'!C 15',;' Z UJ 1-------7----- ~~ ~ +-_ 15' DRAINAGE EASEMENT/ :::.::: ~ ill Q~ I LOT 9 ~ Q 1~ w I ~~ ~ u.:s ! e:. LOT 10 EXHIBIT A f. Page I ~~JII I LEGAL DESCRIPTION I THE NORTH 15 FEET AND THE WEST 15 FEET OF LOT 9 OF THE PLAT THEREOF eOL-LEE-CO TERRACE AS RECORDED IN PLAT BOOK 1 , PAGE 32. OF THE PUBLIC RECORDS OF COLLIER COUNTY. FLORIDA. ~'gt:.// I . . PREPARED ~"<"7..h.d. ""f:.~:..................DATE.~./;rh.". GEORGE R. RICHMOND PROFESSIONAL LAND SURVEYOR-FL. REG. #I 2406 TRANSPORTATION ENGINEERING DEPARTMENT. 2685 HORSESHOE DRIVE SOUTH NAPLES. FLORIDA 34104 SHEET 1 OF 1 X).L. ~ ..._~._.._.,~-_.- - ._~---_..... 02/06/2004 14: 15 FAX 2392135885 TRANSP RIGHT/WAY ~OOS I 1-;) .....lll' .u;....;,: ~ .~.,~;<r. 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EXHIIT ~ I ~ l~l < L _ e.::"i~~ C\ l' /J !mi~I~~ jt:;I.c.r;.., ,.J m ell ;; ij f!l I g~~i~~e I w~!+lll~z~ ___.U..___. ,_......_ 1681 J "3 2Mf! 9:3t.\M ClouGlAS H1GGIlS 2n n4 4266 Rti. 0605 P. 2 d fl, .l, .. . of.DlflOUtl 0fJG o......~ .0 MIlMliWIi. 0ffl0I; UlU lAWS!lOIflI JIW) l!M1 WlIMIlMl MIr an ~ IlIlIE HlW Stint A ~t &alU ~ ARBllP~ M141t1! !WU!. 11.. 3ot1tt n: l.1.UWlllAl..l.1t mM ~1IM5UO ~ 174.31311 (8Mj 11UM5 .. .~...... fa. ~ ll>HIfiii fJIilt \ti'l) m-falll l&nuar'j ~ 2004 Jerry ~ . Collier County &ormwater 2685 SouthH~Drlve, Suite 214 Nap~ FL 34104 Dear Mr, Kurtz, Last: week- we ipo1re via teIephooe.and you stared that the Palm Street Outfiill ptojeet wu still a go aud that you were pushing loge! the neceuary euements obtained. That'B gmn news! Since 0IlT1Elepbone IaDJvm.satiw., we have ~ our vaJrow. suppliers of materlalfor that project to inquire iftbey would hold the same pricing as was quote(,{ to us back in Au$lUst of200J. Thev Wll"e Tehwiaut at fuR aDd theG aAfeed to boJd the pricing as qri,*ed until FebmarY lSdi. 2004. - Jetty, we cannot stress this enough. Jflt is the Sttmnwatef Dep8nmem.s intention to continUe'with this project we need to move forward now. Tune is of the essence. ~ long1Jle'priclng and the conditionJ. of this project are going to ~ our preHt\\1t\tfY b','dgets. ~we need to get l.Iftd!lr contt'Aa Mtb each ot.her~ obtain the ~ents and get this projecr !tarted very, very soon. As ~ we am providing you a quick timeline of events. Once contracted: we Ire Bble to $Ubmit ~ drawing, to you for tqJpJVVaJ. Estimate 1 week for the supplier and 1 week turn around time on }'QUI" end once ~ we will order said mftterials" fillow 4-6 ~ fur ~ Our cle,,-ring Qpmtkm will be.tUt e$timated 2- 4 week" If you do the ~ if we watt much longer" the pmjeat will need to be buUt in the middle of rainy !lea!on and we will not be able to hold OUT pricing under those wnditi~ not to mention. it will be an absohrte mea worlting in the arJtt2.U area. As Ott~ 'ft will help amst you in any way that we WI upon your~ please dO .not. hesitare to call. ~ ~~. ~ Mr. Brandy ~One Regional Manager Douglas N. ~ Inc. EXHIBIT ~ 00: Da.nmt N. Higgin~ Page I 011 I . File ITO. - I 1681 MEMORANDUM Date: March 2, 2004 To: Hope Brack, Property Acquisition Specialist Transportation Eng. & Construction From: Linda A. Houtzer, Deputy Clerk Minutes & Records Department Re: Drainage and Easement Agreements between Collier County and Antaramian Capital Partners And Collier County and Nazdar Inc. Please find original documents, as referenced above, (Agenda Item #16B1), approved by the Board of County Commissioners on February 24, 2004. If you should have any questions, please call me at 8411 Thank you. Enclosures ._---- --.,,------ PROJECT: Palm Street Outfall Ditch PARCEL : Ruffina Easement FOLIO #: 00386920008 1681 DRAINAGE AND UTILITY EASEMENT THIS EASEMENT, is made and entered into this Lfh. day of 'J0-u.~~, 2004, by ANTARAMIAN CAPITAL PARTNERS, llC, a Florida limited liability company (herein ter referred to as "Grantor"), whose mailing address is 365 5th Avenue South, Naples, Florida 34102-6575 and COLLIER COUNTY, a political subdivision of the State of Florida, it's successors and assigns (hereinafter referred to as "Grantee"), whose mailing address is 3301 Tamiami Trail East, Naples, Florida 34112. (Wherever used herein the terms "Grantor" and "Grantee" include all the parties to this instrument and their respective heirs, legal representatives, successors and assigns. Grantor and Grantee are used for singular or plural, as the context requires.) WIT N E SSE T H: Grantor, for and in consideration of TEN DOLLARS ($10.00) and other valuable consideration paid by the Grantee, the receipt and sufficiency of which is hereby acknowledged, hereby conveys, unJf the Grantee, a perpetual, non-exclusive easement to enter upon and to install and maintain V(\J,.(~tt?'Jcfra'nage and utility structures and facilities on the following described lands located in Collier County, Florida, to wit: See attached Exhibit "A" which is incorporated herein by reference. Subject to easements, restrictions, and reservations of record. TO HAVE AND TO HOLD the same unto the Grantee together with the right to enter upon said land, place, excava~, and remove materials for the purpose of constructing, operating, and maintainiK~~M~ge and utility facilities thereon. The easement granted herein shall constitute an easement u ning with the land and shall burden the lands described above. Grantor makes no warranties as to the suitability of the land for the purpose of this easement. IN WITNESS WHEREOF, the Grantor has caused these presents to be executed the date and year first above written. ~./k/ ANT ARAMIAN CAPITAL PARTNERS, LLC, Witness (Signature) a Florida limited liability company BY: SLOANE STREET PARTNERS LLC, a I r, limi d liability company, its manager Tn" document 0CC>>pNd br ame (Print or Type) "" BCC .;'(. ~ If . 0 4 STATE OF ~~/oI"'- ~AJa. #o,,l~j),:~u Deputy CI.,r/r COUNTY OF~ I'!U: ~ foregoing Drainage Easement was acknowledged before me this ~ day of ~-#'-"A.l-"'l* ,2004, by JACK ANTARAMIAN as President of ANTARAMIAN CAPITAL PARTNERS, rLC, on behalf of the limited liability company. Said person is personally known to ~ or has produced as identification and states that he is authorized to sign on behalf of the Company. ~&4'..---- (Affix :~::>tarial Seal) Notary Public " Serial/Commission#: My Commission Expires: .. .........., BARB RA ~ _~\.r.,.rSJ.~. A K. MCKEAN ~lt(li):~ MY COMMIS~'ON # DO 186478 A7~s t&i-o~tcttfM:J' 2 ~'. ,'fiJ; EXPIRES. March 4, 2007 -t ;.r..;;FF\.~" Booded Thru Notary Public UndelWrit&rs " "III Assistant County Attorne'---- Ellen T. Chadwell -- ._-_._-_.,...._~.._.....- ..- ---.-.------..-- iil Q 0 01 1; f G ::J ~ b 1i: .,.;10- s.... N:-~ R Iii ~; ~ ~la:b.",~~~~ !Ii ~..... ,;.;jpp...~!:"i"'" ,," j ::..!l>f"ll:l:l"'~ ~ s !~ii~:~~ 'I 1 6 B 1 ~. ~~~~~~ 'I ~ ~ ~ . ~~~a"'t::i~ .1 .. - is e~~i:S>lo!:j "'::~!!\IbC::.. .<:::J:i!~~~~ ~ ClC'j~~n;<::5 ;;j r'> It c::. ! Iil) SHS~r:>1 ~i ~ 'tl ...c::: VjQ ~,'" :t"'~ I "'0.0 ",..... "., ",~;1: C~VI I 9 Y; c::.n; I '" I\l ~ ~ ~ ~~~ '....,...~ ~~~ I :0.:- VlC ........ C'j I ~ 0 ~ ~ J l~ ~ i ~ l ~CI :t J ~ '" -m i i j -f I ! = . . . f I t'3/ )> l' . ~ f I ~'".. If . ~ .."..<."....~; !i l'iJ,f<g. T . I. it M U III it I ~. l ~ I;. . ~. I::l ~ ..., ~ r- ~ i I f q ~ .=~,.::.. ",. I I : a p !~ ! ~ ~ ~ l! 10 .. ,. f;l ~~ lil :z: <: .l~ ~ ~ ~I dlg~ * ~ !l lil~.. III it . (J) ... ~it~- " ~ ~ ~~!l '6 ~ * rrI ll; ~lIlillil:::! <: .... ~ 5~i~ ~ (") ~ ~ I IIlJ ~ ~ -l 0 I ~ ~lls "ll::; )> 'T1 _...- ltI ;tlil~)>: I ILf,oc...ll1'1'1X g I ~d r- ~~ ~.! ~ "tl ::0 (J) - ~ il tj ~ ~ ~ ~ i '"I ~ ~ -< '"0 a~~r>'J .=1 )Ill ~::tl *zo S ,.,.!Jl N~ .. ~r- * t::l ~ III i- I.. ~. ~ ~ 0 .... -.~- ...... .. .--~ - 1,681 .- . - ...~. ,. WilsonMillerf) ,. New Directions In Planning, Design & Engineering Legal Description of Part of the West 1/2 of the Northwest 1/4 of the Northwest 1/4 of Section 11, Township 50 South, Range 25 East, and part of Lot 8, Co/-Lee-Co Terrace, Plat Book 1., page 32, Collier County, Florida. (Proposed Drainage Easement for Ruffina) All that part of the West 1/2 of the Northwest 1/4 of the Northwest 1/4 of Section 11, Township 50 South, Range 25 East and part of Lot 8, Col-Lee-Co Terrace, Plat Book 1, page 32, Collier County, Florida and being more particularly described as follows; Commencing at the Southwest Corner of Lot 107, Golden Shore Subdivision, as recorded In Plat BOOk 3, page 25, Collier County, Florida; Thence along the South line of said Lot 107, North 89040'01" East 140.03 feet to the West line of said Section 11; Thence along said West line South 00028'51" East 10.81 feet; Thence continue along said line South 00024'44" East 68.00 feet to the North line of Walker's Subdivision as recorded in Plat Book 1, page 36, Collier County, Florida; Thence along the North line of said Walker's Subdivision in the following four (4) described courses; 1) North 89058'50" East 145.89 feet; 2) South 85059'47" East 40~ 19 feet; 3) North 77021'07" East 149.36 feet; 4) North 75051'43" East 44.11 feet to the POINT OF BEGINNING; Thence leaving said line North 14008'17" West 20.00 feet; Thence North 75051'43" East 107.68 feet; Thence North 84032'18" East 42.86 feet; Thence North 89043'24" East 79.87 feet; Thence North 8r53'55" East 46.81 feet; Thence North 00039'53" West 54.76 feet; Thence North 89046'09" East 180.03 feet to a point on the West Right-of-Way line of Avenue "A" (now known as Frederick Street) per the plat of Col-Lee-Co Terrace, Plat Book 1, page 32, Collier County, Florida; Thence along said right-of-way South 00034'16" East 20;00 feet to the Southeast comer of Lot 8 according to said Plat; Thence along the South line of said Lot 8, South 89046'09" West 160.00 feet to a point on the West line of said Plat of Co/-Lee-Co Terrace; Tl:\ence along said West line South 00039'53" East 56.23 feet to the Northeast corner of Lot 18, according ~o the Plat of Walker's Subdivision as recorded in Plat Book 1, page 36, Collier County, Florida; Thence along the North line of said Walker's Subdivision In the fOllOWing three (3) described courses; 1) South 89043'24" West 145.89 feet; 2) South 84032'18" West 40.43 feet; 3) South 75051 '43" West 1 06.16 feet to the POINT OF BEGINNING. Subject to easements and restrictions of record. Bearings are based on the West line of Lot 107, Golden Shores SubdIvIsion, Being South 00029'24" East. Subject to easements and restrictions of record; Certificate of Authorization #LB-43. WilsonMiIler,lnc. Registered Engineers and Land Surveyors Date / - 02 . 2004- EXHIBIT A Page '2- of Z. OffICtl$ $Iralsglully localed 10 $srvs our c//enl$ 800.649.4336 Napls$/Corporale Office 3200 Bailey Lane, Suite 200. Naples, Florida 34105 . 239.649.4040 . Fax 239.643.5116 wllsonmlller. com 11212004- t31lDl V."O\;-.Nofoney ".... , .xJt2~006-S08-. 0 WlIsonMIII.r.lnc - fL Lie:' IC-COnOlln '_d_.'~ __,.~ U ",--" -'''.--- PROJECT: Palm Slreet Outfall Ditch PARCEL: Parcel 9 ,~681~ .. FOLIO: 26880040206 DRAINAGE AND UTILITY EASEMENT THIS EASEMENT, is made and enlered into this (}', day of f;J,(~, 2004, by NAZDAR INC, a t=lorida corporation; c/o DALE CHLUMSKY, (hereinafter referred as "Grantor"), whose mailing address is 1199 3RD Street South, Naples, Florida 34102-7056 and COLLIER COUNTY, a political subdivision of the State of Florida, its successors and assigns (hereinafter referred to as "Grantee"), whose mailing address is 3301 Tamiami Trail East, Naples, Florida 34112. (Wherever used herein the terms "Grantor" and "Grantee" include all the parties to this instrument and their respective heirs, legal representatives, successors and assigns. Grantor and Grantee are used for singular or plural, as the context requires.) .' WIT N E SSE T H: Grantor, for and in consideration of TEN DOLLARS ($10.00) and other valuable consideration paid by the Grantee, the receipt and sufficiency of which is hereby acknowledged. hereby conveys, unto the Grantee, a perpetual, non-exclusive easement to enter upon and to install and maintain drainage and utility structures and facilities on the following described lands located in Collier County, Florida, to wit: See attached Exhibit "A" which is incorporated herein by reference. 1 Subject to easements, restrictions, and reservations of record. ,. , '~ TO HAVE AND TO HOLD the same unto the Grantee together with the right to enter upon said land, place, excavate, and remove materials for the purpose of constructing, operating, and main~alning drainage and utility facilities thereon. The easement granted herein shall constitute an easement running with the land and shall burden the lands described above. Grantor makes no warranties as to the suitability of the land for the purpose of this easement. IN WITNESS WHEREOF, the Grantor has caused these presents to be executed the date and year first above written. I ( ,., I I ' .', ",-) ! J BY: NAZDAR, INC. a Witness (Signature) Florida corporation J .~\ ~-~~~ I Illl ",(..t ',' { 0,1) Name (Print or. ype) DALE E. CHLUMSKY, V.P. IRECTOR Cl.kcl~~\ Ca. ~-4KJL{;J-'- 1199 3rd Street South Witness (Signature) Naples, Florida 34102-7056 1\ hc\Yt' a Ctl5e ,,,,,' e f <<- This document aocepted by Name (Print or Type) theBCC ~'d".DJf STATE OF FL.O~ ~ "'/1) a. Jiro.t~iI:... Deputy Clerk COUNTY OF . C 0 LI...J. 'f Il I rtc The foregoing Drainage Easement was acknowledged before me this i~ day of f'l cw...~ . ,2004; by DALE E. CHLUMSKY as Vice President and Director of NAZDAR INC., a lorida corporation, on behalf of the corporation. Said gerson is personallyk!l<?~!l.~o ITI~ or has produced as identificatiqn and states that he is authorized to sign on behalf ?f the Corporation. /~ ) . I I. ( . / ( I! . (Affix Notarial Seal) , ,\I' I.,J:!.. . t-~- Notary Public I SeriaI/Commission#: r-~- My Commission Expires: '~ RICHARD 0 LYONS l ( "j , MY COMMISSIOIl .' [)D 1111176 t.~..fJ- EXPIRES: Jlln,' 29. :W06 ~~~....,~,~~~~~~ - / / I< tJf- If Jl j) () ie.\ Yilt; nt.. (DrAf OF DOc.LJNWT tK:. LtJ T..,V fJ ea ~W ~'1 (~CKA.Vj). D_ CIoN \ €.l& --~-~.__. -- /JJ( 1\!'1~" ,) IL (O~ 02/06!2G04 14:13 FAX 2392135885 TRANSP RIGHT/WAY ~OOl 1681 - . PUBLIC 'YORKS ENGINEERING DEPAR'rMENT 2685 HORSESHOE DRIVE SOUTH NAPLES, FLORIDA 34104 (239) 659-5773 " PROJECT NO.......... PARCEL NO...........,.. . FOLlO NO.. TAX PARCEL NO........... LEGAL DESCRIPTION (NOT A SURVEY) LOT a w-;;-- ::J:t: . 16' Z w ,.------7/----- ~:;:) ~ .... +__. '" ORAl "AGE EMEME"',/ ~ ~ ,..... ~~ ';',(; . 1.\ I ~9 ~~ 15' 0 W v"-. . I [~ ! LOT 10 ~ -'. EXHIBIT A LEGAL DESCRIPTION Page L-Af J OF OIl.IloWN.E Mb 01l1..1T')' EA-!e~&lT THE NORTH 16 FEET ,ll..N:l THE WEST 15 FEET OF LOT 9 OF THE FLAT THEREOF COL.LEE-CO TERRACE AS RECORDED IN PLAT BOOK 1, PAGE 32, OF THE PUBLIC RECORDS OF COLLIER COUNTY. FLORIDA. PREPARED 4/.ac?:U.....uu...DATE.?J~rk!. ~ GEORGE R. RIC.~MOND PROFESSIONAL LAND SURVEYOR.FL. REG. t 2406 TRANSPORTATION ENGINEERING DEPARTMENT. 2685 HORSESHOE DRIVE SOUTH NAPLES, FLORIDA 34104 . .' SHEET 1 OF 1 Xl .~ C. ---~. ---,_.._~-_.".__._-,-".- 1681 .'1 MEMORANDUM -' ,l Date: March 3, 2004 To: Jenny Kander, Senior Administrative Assistant Transportation/ Road Maintenance Department From: Linda A. Houtzer, Deputy Clerk Minutes & Records Department Re: Work Order #UC - 090 Enclosed please find one copy of the document as referenced above, (Agenda Item #16B1), approved by the Board of County Commissioners on Tuesday, February 24,2004. If you have any questions, please call me at: 774-8411 Thank you. --^.- ~~- WORK ORDER # UC - 090 "UNDERGROUND UTILITY CONTRACTING SERVICES" 1681 Contract #02-3345, Dated May 28, 2002 This Work Order is for Underground Utility Contracting Services, subject to the terms and conditions of the Contract referenced above, for Work known as: PROJECT: Palm Street OutfalllmprovementlPipe Installation The work is specified in the proposal dated Auaust 20.2003 from Douglas N. Higgins, Inc., which is attached hereto and made apart of this Work Order. In accordance with Terms and Conditions of the Agreement referenced above, Work Order # UC - 090 is assigned to Douglas N. Higgins, Inc. Scope: Contractor to supply labor and material Schedule of Work: Complete within 120 days from the notice to proceed date. Liauidated Damaaes: J550.00 per day. Compensation: In accordance with Item 4 of the Agreement, the County will compensate the Firm in accordance with the amount provided in the attached schedule. TOTAL FEE J 594,525.00 (see attached for bid form breakdown) Any change made subsequent to final department approval will be considered an additional service and charged according to an executed Change Order as enumerated in Exhibit D of the Agreement. PREPARED BY:~ 1/11, 1~ ("Zq- 04 Date Gerald N. Kurtz, P.E., emor Engineer Stormwater Management Section'Ld Maintenance Department REVIEWED By:1~4ejl <<tId~ . ~!3 J 0'/ MiCtiae . Etelamaki, P.E., Director / Dale ~PROVED BY, Ro inten D artment No ma Feder, AICP, Administrator J /ffI:t ATTESJ"ll11Hflll/ TRAN ORTATION SERVICES BOARD OF COUNTY COMMISSIONERS D~~~~~G:~r Collier C y, Florida d _ ....~ ~~ ...~. ;. BY;;., :'. By: ~ !~-~f>~'; . "/S!,~r ~i.Attest.& to Cha i . . nna Fiala, Chairman ,~ . ..,.,. ,to" ~. f1t . mart !, 4q. ~.. ...i\..'j.....r:J., "~ . 1. . --. .'. ,H \ \;'\ ",:t:it ~tgft.turt on 1]. Dat~ eo ;~~. ~ '! '". '4. . , . :tt,t." '.-, ;J?,?'~".:"#,)""~,~- .::~' '/, .;.,J OO)L\~~ ......... . ."1/ .....,., \' 1'1 \\" 1lllillllllllt\ ATTEST: (Corporate Secretary) DOUGLAS N. HIGGINS. INC. "A };((~ ! ' ~-=- <::: --, ~ By: /.~,-'. {/~ ~ ,,/ I . ' y. ':JO ~'~ / Brandy Bartolone, Regional Manager R. Suzanne Hawker. SeclTres. Typed Name and Title Approved as to Form and Legal Sufficiency: ~'~ Item # JL.,~( ASSiS~ty Borney Agenda ~4 Date Date ~ Rec'd G:\\Tom\naples files\Shared Files\WorkOrder Palm Street OutfalLdoc 112312004 _.._..,,-~ - - _....._.~----- ---_._..~_._., .._._- B/D BI2CHf:D:JWI'I AOf?05/1L DOUGLAS N. HIGGINS, INC. / 2887 Tami Trail East, Suite 1 Naples, florida 34112 1681 Phone: 774-3130 Palm Street Outfall Improvement/Pipe Installation Fax: 774-4266 ..J Collier County Project No. 51804 Bid No. 02-3345 ITEM ESTIMTATED NO. DESCRIPTION QUANTITY UNIT UNIT PRICE AMOUNT 1 Clearinq & Grubbing 0.3 AC 20000.00 $6,000.00 2 Haul excess fill material 10,500 CY 1.00 $10,500.00 3 Milling 535 SY 5.00 $2,675.00 4 60" RCP 52 LF 250.00 $13,000.00 5 66" RCP 800 LF 230.00 $184,000.00 6 3' x 8' box culvert 460 LF 450.00 $207,000.00 7 Junction box, approx 10' x 10' x 10'+ 1 EA 15000.00 $15,000.00 8 Junction box, approx 10' x 10' x 13'+ 1 EA 20000.00 $20,000.00 8' X 3' x 10" RCP Headwall (at end of box 9 culvert) 1 EA 15000.00 $15,000.00 10 "Hydro-Cartridge" catch basin inserts 2 EA 1000.00 $2,000.00 11 Nyoplast Yard drain & grate 1 EA 2500.00 $2,500.00 12 12"HDPE pipe 12 LF 100.00 $1,200.00 13 Control Structure (Type H) 1 EA 7500.00 $7,500.00 14 Type H Ditch Bottom Inlet 1 EA 5000.00 $5,000.00 15 Type C Ditch Bottom Inlet 2 EA 5000.00 $10,000.00 16 Cast Iron Grate 6 EA 1000.00 $6,000.00 17 Pipe Removal 55 LF 100.00 $5,500.00 18 Conflict Box approx 9' x 9.5' X 4.5' 2 EA 20000.00 $40,000.00 19 6" Base 535 SY 15.00 $8,025.00 20 12" subqrade 535 SY 15.00 $8,025.00 21 1.5" asphalt 320 SY 15.00 $4,800.00 22 3/4" asphalt overlay 320 SY 5.00 $1,600.00 23 Sod 4,000 SF 0.25 $1,000.00 24 Seed & Mulch 0.6 AC 2000.00 $1,200.00 25 Maintenance of Traffic 1 LS 5000.00 $5,000.00 26 Erosion Control 2,000 LF 1.00 $2,000.00 27 Mobilization 1 LS 10000.00 $10,000.00 hOTAL $594,525.00 CONTIGENCY ITEM A Rock Excavation (Trenching) 852 LF 30.00 $25,560.00 ~ ~-_._.., --.------..,.....-.-....- ~9-20-03 09:09A Haskins Inc. 941.-~947-3B67 P.Dl. r-" ( 168 Ju , , Fax 1bI CQJ_~Tf1IRS.~ II'naI-= .Jaet Chambers Ann: Shane Cox PE ...... 3 (inCluding ~ ... 659-5790 ~ 8r.ZOI'03 - Palm Sf. Outfall . CcI ~ u...- X For Revt.... . 11I.-- CI._ ___-.t o PI_._ II4IpIy o PI'll1nlr RIIqId. ~ Shane; We feel the pmJed 1ime shoukt be 90 days to mat completion. Please.call if you have ~ Thanks Joel ------- _._,-- --,.~----- ~g-20-03 09:09A Haskins Inc. 94+-947-3857 P.02 er:2aXm ( ~Inc. (.--, , ... iG9II elMlprtM A'I& ........ SpringlI, PI. 341315 ,.,~~~~,,~ 1681 , ., Colier County T~ 8emces DiYisiaR .... SlnletOutllll ~ I Pipe In.'.f! flMll ProjeCt No. 51804. BId No. 02~ ftent DMcription &timtP<t QuIIntity UIdt UftIl Price No. Total Drainaae Clear & Grub 0.3 AC $ 20,000.00 $ 6.000.00 Haul Excess Material 10500 Cy $ 1.50 $ 15.750.00 Milling 535 SY $ 2.00 $ 1,070.00 . 60'" RCP 52 IF $ 310.00 S 16.120.00 66" RCP 800 LF $ 300.00 $ 240,000.00 3' x S' Box Culvert 460 IF $ 477.00 $ 219420.00 JurwtIon Bo~ 10){1Qx1o+ 1 EA $ 10.000.00 $ 10.000.00 Junction Box 1Ox10x13+ 1 EA $ 10.500.00 $ 10.500.00 8'x3'x10" Headwall 1 EA $ 21,000.00 $ 21.000.00 "Hydro cartridoe" catch basin insert:! 2 EA S 1,~.OO $ 3.000.00 N Yard Drain & Grate 1 EA S 2.000.00 S 2.000.00 12" HOPE Oipe 12 LF S 35,00 $ 420.00 Control Structure ( Tvoe H ) 1 EA $ 6,700.00 S 6.700.00 Tvoe H Ditch Bottom Inlet 2 EA $ 5,900.00 S 11.800.00 Twe C Oiteh BottOm Inlet 2 EA $ 3,600.00 $ 7.200.00 Cast Iron Grate 6 EA $ 450.00 $ 2.700.00 Pipe Removal 55 If $ 15.00 $ 825.00 Confticl Box 9'x9.S'x4.S' 2 EA $ 8.200.00 $ 16,400.00 6" Base 535 Sy $ 14.00 $ 7.490.00 12" SubQrade 53!) SY $ 4.00 $ 2.140.00 1.5- AsPhaft 535 SV $ 7.00 $ 3.745.00 314" ~ Jail Overlay 320 Sy $ 1.00 $ 2.240.00 Sod 4000 SF $ 0.25 $ 1.000.00 Seed & Mulch 0.6 AC $ 1.500.00 S 900.00 Mainl Of Traffic 1 LS $ 15,000.00 $ 15.000.00 Ef()$km Controt 2000 LF $ 3.00 $ 6,000.00 MobKlzaUon 1 LS $ 30.000.00 $ 30,000.00 Total S 659,420.00 _.~--- "-^-" .- --.--.--...--.." ...~ -----,<_._~-----".,_.._~------_.- 88/2012883 88t14 123S5667865 MITa-ELLSTARK PAGE 81 / ( ( MIUlu~B At St.rII c.stnr:d.0Il CD.., Jae, 600]. SJJ~ ~ Naples, FL 34109 ph. 941-~91-1165 fU 94J-~7865 FACSIMILE 1681 . ~ To; COlUER COUNTY TRANSPORTATION ~, Attn: MR. R. SHANE COX P.E. @Fax: 659-5790 From: BRIAN PENNER Date: 8120103 r~ ., including this cover page. B.c: PALM STREET OUTFA[l..IMPRQ~NO. 51804 Attach is our bid. If you have any questions please contact m~. .-..- )/28/2883 88!14 12395667865 JlU I ~ II-lRJ'. r~ ...."" . (- ( 1681 ITeM ESTlIITATED NO. 0ESCRIP'T10N QUAN11TY UNIT UNIT PRICE AIIOUN't 1 1_.. & Grubbina 0.3 AC 4Sbl:o~ 13ScoQ!Ol 2 Haul excess fill material 10.500 CY (.; . i:i'O t, 3 000 "S- 3 MilIfna 535 SY "1.,.....C1V 10700 ~ 4 80"' RCP 52 LF <1"'~ I (P3%g~ 5 66" RCP 800 LF ~-=to ~ S 12... 0Cl~ 6 3' x 8' box culvert 480 LF sprJ.:?;:' 2.3 'i/7 ~O~ 7 . bOX. 10' x 10" x 10"+ 1 EA I ':N')..O~ I 'I ";l..O t{J12 8 Junction bOX. aoCl"OX 10' x 10' x 13'+ 1 EA lc.,'1g0~ J~"Ro~ 8" X 3' x 10- RCP HeactwaN (at end of box ~ /~CPO~ 9 culvert) 1 ~ 1$500'- 10 II. L ~~ -.rtridae" oatch basin inserts 2 EA 15' 3 0 <?S:. '3 (.;;I ~o!;!!t' 1-1 VeRt dnHn & orale 1 EA ')..'1 '- ~ I''1.:? &. QP 12 12'1iOPE pipe 12 LF tttJ ~ II !ill:> ~ 13 Centrof Structure (Ivoe Hl 1 EA Rle{j~ glgO~ 14 TVDe H Ditch 8oUom Inlet 1 SA S" 701l~ r?e8~ 15 Tvee C Ditch BoUom Inlet :2 EA '-l39o ~ g /9.~ 15 cast 'ron Grate e EA ~/B~ '5 IOe~ 17 Pioe Removal 55 LF /S~ ~2S~ 18 Conftict Box aoorox 9' x 9.5' x 4.5' 2 EA 7/2.D~ / lJ 2'1~ 19 S"8aoo 535 Sy /S"~ if 02$ ~ 20 12" subarade 535 SY /O~ ~~S~ 21 1.5* 32<<] Sy /0 0(.> \'~QO~ 22 3/4" asphalt 0\ferf8y 32(1 SV ~oo :L.{' iRe> ~ 23 Sod 4,000 SF .:lD J 2. DO ~ 24 SHd & Mufct1 0.6 AC ~q.Dc) C&l I 7 YO t::!e 25 Maintenance of Trame 1 It> ^'0e;.6~ L6 ~ Soou- 26 Erosion Control 2,000 LF 1fg~ 0,.,,,,,.. ~ 27 Mnhfl17~n 1 lS tx> I~~o.ll.n ~ ISO MO- ITOTAL gS I ']/t,() ~ MrrCHeJ.. & STARK CONST. - - -. - . co.. ItC SOOf SHIRLEY STREET NAPt.ES. FlOR1D.A S410t 1101 j -~ -"--'-"-'--"'" ~ /. .C . 1681 COLLIER COUNTY TRANSPORTATION SERVICES DIVISION Road Maintenance Department Horseshoe Square Bldg. · Suite 212 · 2685 S. Horseshoe Dr. · Naples, Florida 34104 · 239-213-5853 · Fax 239-659-5790 August 1, 2003 Brian Penner Mitchell & Stark Construction Co, Inc. 6006 Shirley Street Naples, Florida 34109 RE: Palm Street Outfall ImprovementlPipe Installation Collier County Project No. 51804 Bid No. 02-3345 (Underground Utilities) Dear Mr. Penner: The Collier County Stormwater Section has prepared plans to install approximately 900 feet of RCP drainpipe and approximately 450 feet of box culvert through residential lots in the Col- Lee-Co subdivision in Naples. Florida. This construction project consists of installing the pipe and box culvert along with three ditch bottom inlets, two junction boxes, two conflict boxes, one yard drain and an inlet/control structure. Annual Underground Utility Contractors (Bid No. 02-3345) are deemed to be qualified. Therefore, Collier County is requesting that you submit a price quote for this project under the terms of the applicable bid. The following information is provided for your use: Name of Project: Palm Street Outfall Improvements Project Number: 51804 Bid Number: 02-3345 Number of Days for Final Project Completion: 60 Liquidated Damage Dollar Amount: $550 per day c:: 0 {~; " r c:: 0 ... .. t ,. ._-_.~ --_.._..,,-~ _.'-_._--~'..~..- , .~ ( , ~, Mr. Brian Penner 1681 ''!! ~ August 1,2003 Page 2 Attached to this letter is a set of plans, bid schedule with the engineer's estimate of quantities, and specifications. In accordance with Bid No. 02-3345 (Annual Underground Utility Contractors) please submit a written cost proposal for this project to my office by August 20, 2003. Please note that the project number on the plans provided is 31084. That number is from the old numbering system, and the correct project number is now 51084. Please note: We have arranged for the equipment and staging area to be lots 9, 10, and 11 marked "Nazdar" on the plans cover sheet. As part of this proposal, you should include necessary clearing of these lots. If you have any questions please do not hesitate to contact my office. Sin~ ~ /~ . ~V R. Shane Cox, P.E Project Manag;r cc: Robert C. Wiley, P.E. Stormwater Management Supervisor Lyn Wood. Purchasing Dept. Project 51804.04 (ConstContract) File RFPLtr04.mwd ~.~---"'""._._~_.~. .." "'-'-~~_.'~ ---,,-,... / , , , i '. COLLIER COUNTY TRANSPORTATION SERVICES DIVISION Road Maintenance Department Horseshoe Square Bldg. · Suite 212 · 2685 S. Horseshoe Dr. · Naples, Florida 34104 · 239-213-5853 · Fax 239-659-5790 16~~ tJ ,. August 1, 2003 ~! Daniel N. Higgins, P .E. Douglas N. Higgins, Inc. 2887 Tamiami Trail East, Suite I Naples, Florida 34112 RE: Palm Street Outfall ImprovementlPipe Installation Collier County Project No. 51804 Bid No. 02-3345 (Underground Utilities) Dear Mr. Higgins: The Collier County Stormwater Section has prepared plans to install approximately 900 feet of RCP drainpipe and approximately 450 feet of box culvert through residential lots in the Col- Lee-Co subdivision in Naples. Florida. This construction project consists of installing the pipe and box culvert along with three ditch bottom inlets, two junction boxes, two conflict boxes, one yard drain and an inlet/control structure. Annual Underground Utility Contractors (Bid No. 02-3345) are deemed to be qualified. Therefore, Collier County is requesting that you submit a price quote for this project under the terms of the applicable bid. The following information is provided for your use: Name of Project: Palm Street Outfall Improvements Project Number: 51804 Bid Number: 02-3345 Number of Days for Final Project Completion: 60 Liquidated Damage Dollar Amount: $550 per day c 0 (~t e r C " u .. { , -... -~. -. '_--'~-----,-~-,~,.,-- - ,(' e Mr. Daniel Higgins ,1 July 11, 2003 1681 Page 2 "-1 Attached to this letter is a set of plans and specifications. In accordance with Bid No. 02-3345 (Annual Underground Utility Contractors) please submit a written cost proposal for this project to my office by August 20,2003. Please note that the project number on the plans provided is 31084. That number is from the old numbering system, and the correct project number is now 51084. Please note: We have arranged for the equipment and staging area to be lots 9, 10, and 11 marked "Nazdar" on the plans cover sheet. As part of this proposal, you should include necessary clearing of these lots. If you have any questions please do not hesitate to contact my office. Sincerely, R~&~Y Project Manager cc: Robert C. Wiley, P.E. Stonnwater Management Supervisor Lyn Wood, Purchasing Dept. Project 51804.04 (ConstContract) File RFPLtr02.mwd --,,'.-.- _ .~. n __ .". .'-.._"-- -"-"-'--' ~ . ( - COLLIER COUNTY TRANSPORTATION SERVICES DIVISION Road Maintenance Department Horseshoe Square Bldg. · Suile 212 · 2685 S. Horseshoe Dr. · Naples, Rurlda 34104 · 239.213-5853 · ''bn'5,- ...- 1 t} r:.' August 1, 2003 Kathleen Haskins Haskins, Inc. 10956 Enterprise A venue Bonita Springs, Florida 34135 RE: Palm Street Outfall Improvement/Pipe Installation Collier County Project No. 51804 Bid No. 02-3345 (Underground Utilities) Dear Ms. Haskins: The Collier County Stormwater Section has prepared plans to install approximately 900 feet of RCP drainpipe and approximately 450 feet of box culvert through residential lots in the Col- Lee-Co subdivision in Naples, Florida. This construction project consists of installing the pipe and box culvert along with three ditch bottom inlets, two junction boxes, two conflict boxes, one yard drain and an inlet/control structure. Annual Underground Utility Contractors (Bid No. 02-3345) are deemed to be qualified. Therefore, Collier County is requesting that you submit a price quote for this project under the terms of the applicable bid. The following information is provided for your use: Name of Project: Palm Street Outfall Improvements Project Number: 51804 Bid Number: 02-3345 Number of Days for Final Project Completion: 60 Liquidated Damage Dollar Amount: $550 per day c 0 {~; <' r C 0 .. .. t \' - -".^- ,r~ r- ~ . Ms. Kathleen Haskins 16B1 August 1, 2003 Page 2 Attached to this letter is a set of plans, bid schedule with the engineer's estimate of quantities, and specifications. In accordance with Bid No. 02-3345 (Annual Underground Utility Contractors) please submit a written cost proposal for tIns project to my office by August 20, 2003. Please note that the project number on the plans provided is 31084. That number is from the old numbering system, and the correct project number is now 51084. Please note: We have arranged for the equipment and staging area to be lots 9, 10, and 11 marked "Nazdar" on the plans cover sheet. As part of this proposal, you should include necessary clearing of these lots. If you have any questions please do not hesitate to contact my office. Si?YL ' c- 17 R: ~hane c"ox, P .E. Project Manager cc: Robert C. Wiley, P.E. Stonnwater Management Supervisor Lyn Wood, Purchasing Dept. Project 51804.04 (ConstContract) File RFPLtrO I.mwd --- ,. _.__..,..,.,...,------~--_.... ". ---,'"---'-~'..- - BUDGET AMENDMENT REQUEST For Budget Finance lTse Only 16 "" .' R\#.<vf.':'7'J3.'j.... . tH '\ .IE#..... ...... ............... >. t BAR#. ... ........... U ~., A.P.H. Date.. ........ ...... . Fund Number 301 Fund Description Storm Water Capital Date Prepared: 1/27/04 Attach Executive Summary Approved by BCC on: .2./,-+/ of Item No.: I {,(S , Expense Budget Detail Fund Center Title: -storn1WafefL'aplliil Fd Ctr No.: +72945 WBS Element Title: Gateway Triangle Improvements WBS No.: 518032 ./ (Provide the Fund Center or WBS element information; it is not reQuired to provide both.) Fund WBS Commit Commitment Item Increase Current Revised Center Element Item Description (Decrease) Budget Budget 1-'729'1'5 . 518032 763100 Imprm'ements General (188.705.00) 1.9-l5.900.00 1.557.195.00 Net Change to Budget (188.705.(lO) Expense Budget Detail Fund Center Title: Storm Water Capital Fd CtrNo.: 1-~5' WBS Element Title: Palm Street Outfall Ditch WBS No.: 518042 Provide the Fund Center or WBS element information; it is not r uired to rovide both.) Fund WBS Commit Commitment Item Revised Center Element Item Descri tion Bud et .,~ 518042 763120 Water Management Fac 600.8 . )2 --" -- Net Chan2e to Budget 388,705.00 Expense Budget Detail Fund Center Title: Fd Ctr No.: WBS Element Title: WBS No.: (Provide the Fund Center or WBS element information; it is not reQuired to provide both.) Fund WBS Commit Commitment Item Increase Current Revised Center Element Item Description (Decrease) Bud2et Bud2et Net Change to Budget ......__._--.--,.-..... - ~. -0- ...._.._..__.... Revenue Budget Detail 16Bl Fund Center Title: Fd Ctr No.: WBS Element Title: WBS No.: (Provide the Fund Center or WBS element infurmation; it is not reclUired to provide both.) Fund WBS Commit Commitment Item Increase Current Revised Center Element Item Description (Decrease) Budt!et Bud2et Net Change to Budget EXPLANATION Why are funds needed? This additional funding is required to complete this major drainage improvement project. Palm Street Outfall Project is ready for construction. Gateway Triangle Improvements are not ready for construction. Where are funds available? Funding is available in the Fund 301 Gateway Triangle Improvements. REVIEW PROCESS ./\ DATE Cost Center Director: Division Administrator~ Finance De artment: Clerk of Board Admin.: -_.~~ ..--.-- ..__.-._- ~ - ~"---;,...,.,-. .. ~-. - 1681 '-.I AGREEMENT . THIS AGREEMENT, made and entered into on this 28th day of May, 2002, by and between Douglas N. Higgins, Inc., hereinafter called the "Contractor", and Collier County a political subdivision of the State of Florida, Collier County, Naples, hereinafter called the "County": WIT N E SSE T H: 1. COMMENCEMENT: The contract shall be for a one (1) year period, commencing on May 28, 2002 and terminating on May 27,2003 with three (3) one (1) year renewals, renewable annually. The County Administrator or his designee may, at his discretion, extend the Agreement under all of the terms and conditions contained in this Agreement for up to one hundred eighty (180) days. The County Administrator, or his designee, shall give the Contractor written notice of the County's intention to extend the Agreement term not less than ten (10) days prior to the end of the Agreement term then in effect. 2. STATEMENT OF WORK: The Board of County Commissioners deemed nine (9) firms to be pre- qualified and awarded a Contract to each firm. Each awardee will enter into an Agreement to provide complete services for a wide range of minor-to-Iarge scale future construction, renovation and retrofit projects on an as-needed basis as may be required by the Owner in accordance with the terms and conditions of RFP 02-3345 and the Contractor's proposal referred to herein and made an integral part of this agreement. The execution of this Agreement shall not be a commitment to the Contractor that any work will be awarded to the Contractor. Rather, this Agreement governs the rights and obligation of the Quotation procedure outlined in the next paragraphs and all Work undertaken by Contractor for Owner pursuant to this Agreement and that procedure during the term and any extension of the term of this Agreement. The Owner shall provide a summary of Work to be performed which will afforded the Contractor the opportunity to submit a formal quotation for the Work; the Contractor shall respond with the information sought within seven (7) working days. For projects with an estimated cost of Twenty Five Thousand Dollars ($25,000) or less, the Owner shall obtain a proposal from one or more of the nine (9) selected firms, negotiate favorable project terms and conditions, and issue a numbered Work Order to initiate the projects. For projects with an estimated cost over Twenty Five Thousand Dollars ($25,000) and less than Two Hundred Thousand Dollars ($200,000), competitive quotes shall be solicited from at feast three (3) of' the nine (9) firms, negotiate favorable project terms and conditions, and issue a numbered Work Order signed by the Division Administrator to initiate the projects: County Attorney approval is required at this level. For projects over Two Hundred Thousand Dollars ($200,000), competitive quotations shall be solicited from at least three (3) of the nine (9) firms. Staff recommendations will then be submitted to the Board of County Commissioners for approval after County Attorney approval. In each Request for Quotation, the Owner reserves the right to specify the period of completion and the collection of liquidated damages in the event of late completion. Page -1- ~ . - . ... '1, . 16Pl .. J 3. EMERGENCY WORK: Contractors under this Agreement will be on an on-call rotation schedule for emergency underground utility contracting services. The on-call Contractor shall be required to have a beeper and provide the beeper number, along with a home number, to the County so that the County will be able to contact the Contractor when needed. This schedule will be rotated on a two (2) week basis. In the event that a Contractor cannot be on-call as scheduled, it will be rotated to the next scheduled Contractor, and the schedule will continue with each Contractor having no more than two (2) weeks in a row on-call. 4. THE CONTRACT SUM: The Owner shall pay the Contractor for the performance of the Work pursuant to the quoted price offered by the Contractor in his response to a specific Request for Quotation. Any County agency may utilize the service offered under this contract, provided sufficient funds are included in their budget(s). . 5. NOTICES: All notices from the County to the Contractor shall be deemed duly served if mailed by registered or certified mail, facsimile or email to the Contractor at the following address: Daniel N. Higgins, Vice President Douglas N. Higgins, Inc. 2887 Tamiami Trail East, Suite 1 Naples, Florida 34112 Phone: 239-774-3130 FAX: 239-774-4266 All notices from the Contractor to the County shall be deemed duly served if mailed by registered or certified mail, facsimile or email to the County at the following address: Collier County Government Complex Purchasing Department 3301 East Tamiami Trail Purchasing Building Naples, Florida 34112 Phone: 239-774-8407 FAX: 239-732-0844 Email: colliergov.netlpurchasing The Contractor and the County may change the above mailing address at any time upon giving the other party written notification. All notices under this Service Agreement must be in writing. .6. NO PARTNERSHIP: Nothing herein contained shall create or be construed as creating a partnership between the County and the Contractor or to constitute the Contractor as an agent of the County. 7. PERMITS: LICENSES: TAXES: In compliance with Section 218.80, F.S., all permits necessary for the prosecution of the Work shall be obtained by the Contractor. Payment for all such permits issued by the County shall be processed internally by the County. Contractor is not responsible for paying for permits issued by Collier County, but is responsible for acquiring all permits. Owner Page -2- - _...______.0_._ ---- ..~_..,...._._- -~....-....- '11 C.-. ""'i , I ,! [1 . I! 1- Jl I ,;J ... .,A, may require the Contractor to deliver internal budget transfer documents to applicable Collier county agencies when the Contractor is acquiring permits. All permits, fees and licenses necessary for the prosecution of the Work which are not issued by Collier County shall be acquired and paid for by the Contractor. Contractor shall pay all sales, consumer, use and other similar taxes associated with the Work or portions thereof, which are applicable during the performance of the Work. 8. NO IMPROPER USE: The Contractor will not use, nor suffer or permit any person to use in any manner whatsoever, County facilities for any improper, immoral or offensive purpose, or for any purpose in violation of any federal, state, county or municipal ordinance, rule, order or regulation, or of any governmental rule or regulation now in effect or hereafter enacted or adopted. In the event of such violation by the Contractor or if the County or its authorized representative shall deem any conduct on the part of the Contractor to be objectionable or improper, the CountY shall have the right to suspend the Contract of the Contractor. Should the Contractor fail to correct any such Violation, conduct, or practice to the satisfaction of the County within twenty-four (24) hours after receiving notice of such violation, conduct, or practice, such suspension to continue until the violation is cured. The Contractor further agrees not to commence operation during the suspension period until the violation has been corrected to the satisfaction of the County. 9. TERMINATION: Should the Contractor be found to have failed to perform his services in a manner satisfactory to the County and requirements of this Agreement, the County may terminate said Agreement immediately for cause; further the County may terminate this Agreement for convenience with a seven (7) day written notice. The County shall be sole judge of non- performance. 10. NO DISCRIMINATION: The Contractor agrees that there shall be no discrimination as to race, sex, color, creed or national origin. . 11. INSURANCE: The Contractor shall provide insurance as follows: A. Commercial General L1abllltv: Coverage shall have minimum limits of $1,000,000 Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shall include Premises and Operations; Independent contractors; Products and Completed Operations and Contractual Liability. B. Business Auto Liabilltv:. Coverage shall have minimum limits of $1,000,000 Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shall include Owned Vehicles, Hired and Non-Owned Vehicles and Employee Non- Ownership. C. Workers' ComDensatlon: Insurance covering all employees meeting Statutory Limits in compliance with the applicable state and federal laws. The coverage must include Employers' Liability with a minimum limit of $1,000,000 for each accident. Soecial Reauirements: Collier County Board of County Commissioners shall be listed as the Certificate Holder and included as an Additional Insured on both the Comprehensive General Liability and Business Auto Liability Policies. Page -3- - ~ 16Bl Current, valid insurance policies meeting the requirement herein identified shall be maintained by Contractor during the duration of this Agreement. Renewal certificates shall be sent to the County thirty (30) days prior to any expiration date. There shall be a thirty (30) day notification to the County in the event of cancellation or modification of any stipulated insurance coverage. Contractor shall insure that all subcontractors comply with the same insurance requirements that he is required to meet. The same Contractor shall provide County with certificates of insurance meeting the required insurance provisions. 12. INDEMNIFICATION: The ContractorNendor, in consideration of One Hundred Dollars ($100.00), the receipt and sufficiency of which is accepted through the signing of this document, shall hold harmless and defend Collier County and its agents and employees from all suits and actions, including attorney's fees and all costs of litigation and judgments of any name and description arising out of or incidental to the performance of this contract or work performed thereunder. This provision shall also pertain to any claims brought against the County by any employee of the named ContractorNendor, any Subcontractor, or anyone directly or indirectly employed by any of them. The ContractorNendor's obligation under this provision shall not be limited in any way by the agreed upon contract price as shown in this Contract or the ContractorNendor's limit of, or lack or, sufficient insurance protection. The first hundred ($100.00) of money received on the contract price is considered as payment of this obligation by the County. This section does not pertain to any incident arising from the sole negligence of Collier County. 13. BONDS. A. The Owner shall use its discretion for bonding where a project may be in excess of $50,000 but completed in less than sixty (60) days. B. When required by Owner, the Contractor shall furnish a Performance and/or Payment Bond prior to commencing performance, for the full amount of the Work which shall act as a security guaranteeing the performance of the Contractor's work and the payment by the Contractor to any other party (ies) providing labor andlor materials in connection with each construction or renovation project performed by the Contractor in excess of $50,000. The bonds shall be furnished using the forms prescribed in Exhibit A. C. If the surety for any bond furnished by Contractor is declared bankrupt, becomes insolvent, its right to do business in the State of Florida, or it ceases to meet the requirements imposed by the Contract Documents, the Contractor shall, within five (5) calendar days thereafter, substitute another bond and surety, both of which shall be subject to the Owner's approval. 14. PAYMENTS. Generally, the Contractor will be paid upon completion; however, for Work in excess of thirty (30) days, the Contractor may indicate on his response to the Request for Quotation his wish to receive Progress Payments. Before any payment will be made, Contractor must provide Owner with a fully executed Release and Affidavit in the form attached hereto as Exhibit B as a condition precedent to release of each progress payment. All applications for payment, whether for full payment or a progress payment shall be in writing, and in substantially the form attached hereto as Exhibit C. 15. PAYMENTS WITHHELD. Owner may decline to approve any Application for Payment, or portions thereof, because of defective or incomplete work, outstanding punchlist items, subsequently discovered evidence or subsequent inspections. The Owner may nullify the whole or any part of any approval for payment previously issued and Owner may withhold any payments Page -4- ~_._-~..._-- ------ ~ ~.._------_. --- '" 1681 ....j otherwise. due Contractor under this Agreement or any other agreement between Owner and Contractor, to such extent as may be necessary in the Owner's opinion to protect it from loss because of: (a) defective Work not remedied; (b) third party claims failed or reasonable evidence indicating probable fling of such claims; (c) failure of Contractor to make payment properly to subcontractors or for labor, materials or equipment; (d) reasonable doubt that the Work can be completed for the unpaid balance of the Contract Amount; (e) reasonable indication that the Work will not be completed within the Contract Time; (f) unsatisfactory prosecution of the Work by the Contractor; or (g) any other material breach of the Contract Documents. If any conditions described above are not remedied or removed, Owner may, after three (3) days written notice, rectify the same at Contractor's expense. Owner also may offset against any sums due Contractor the amount of any liquidated or unliquidated obligations of Contractor to Owner, whether relating to or arising out of this Agreement or any other agreement between Contractor and Owner. 16. SUBM'ITTALS AND SUBSTITUTIONS. Any substitution of products/materials from specifications shall be approved in writing by Owner in advance. 17. CONTRACT TIME AND TIME EXTENSIONS. A. Time is of the essence in the performance of any Work under this Agreement and Contractor shall diligently pursue the completion of the Work and coordinate the Work being done on the Project by its subcontractors and materialmen, as well as coordinating its Work with all work of others at the Project Site, so that its Work or the work of others shall not be delayed or impaired by any act or omission by Contractor. Contractor shall be solely responsible for all construction means, methods, techniques, sequences, and procedures as well as coordination of all portions of the Work under the Contract Documents, and the coordination of Owner's supplies and contractors. B. Should Contractor be obstructed or delayed in the prosecution of or completion of the Work as a result of unforeseeable causes beyond the control of Contractor, and not due to its fault or neglect, including but not restricted to acts of Nature or of the public enemy, acts of Government, fires, floods, epidemics, quarantine regulation, strikes or lockouts, Contractor shall notify the Owner in writing within forty-eight (48) hours after the commencement of such delay, stating the cause or causes thereof, or be deemed to have waived any right which Contractor may have had to request a time extension. C. No interruption, interference, inefficiency, suspension or delay in the commencement or progress of the Work from any cause whatever, including those for which Owner may be responsible, in whole or in part, shall relieve Contractor of his duty to perform or give rise to any right to damages or additional compensation from Owner. Contractor expressly acknowledges and agrees that it shall receive no damages for delay. Contractor's sole remedy, if any, against Owner will be the right to seek an extension to the Contract Time; provided, however, the granting of any such time extension shall not be a condition precedent to the aforementioned "No Damage for Delay" provision. This paragraph shall expressly apply to claims for early completion, as well as to claims based on late completion. 18. CHANGES IN THE WORK. Owner shall have the right at any time during the progress of the Work to increase or decrease the Work. Promptly after being notified of a change, Contractor shall submit an itemized estimate of any cost or time increases or savings it foresees as a result of the change. Except in an emergency endangering life or property, or as expressly set forth Page -5- -'"""--. ,. 16~ 1 . .'.~: ~ I '! ;;~' ,..t~ herein, no addition or changes to the Work shall be made except upon written order of Owner, and Owner shall not be liable to the Contractor for any increased compensation without such written order. No office, employee or agent of Owner is authorized to direct any extra or changed work orally. A Change Order in the form attached as Exhibit D to this Agreement, shall be issued and executed promptly after an agreement is reached between Contractor and Owner concerning the requested changes. Contractor shall promptly perform changes authorized by duly executed Change Orders. The Contract Amount and Contract Time shall be adjusted in the Change order in the manner as Owner and Contractor shall mutually agree. 19. COMPLIANCE WITH LAWS. Contractor agrees to comply, at its own expense, with all federal, state and local laws, codes, statutes, ordinances, rules, regulations and requirements applicable to the Project, including but not limited to those dealing with taxation, workers' compensation, equal employment and safety (including, but not limited to, the Trench Safety Act, Chapter 553, Florida Statutes). If Contractor observes that the Contract Documents are at variance therewith, it shall promptly notify Owner in writing. 20. CLEAN UP. Contractor agrees to keep the Project site clean at all times of debris, rubbish and waste materials arising out of the Work. At the completion of the Work, Contractor shall remove all debris, rubbish and waste materials from and about the Project site, as well as all tools, appliances, construction equipment and machinery and surplus materials, and shall leave the Project site clean and ready for occupancy by Owner. 21. ASSIGNMENT. Contractor shall not assign this Agreement or any part thereof, without the prior consent in writing of Owner. If Contractor does, with approval, assign this Agreement or any part thereof, it shall require that its assignee be bound to it and to assume toward Contractor all of the obligations and responsibilities that Contractor has assumed toward Owner. 22. WARRANTY. Contractor shall obtain and assign to Owner all express warranties given to Contractor or any subcontractors by any materialmen supplying materials, equipment or fixtures to be incorporated into the Project. Contractor warrants to Owner that any materials and equipment furnished under the Contract Documents shall be new unless otherwise specified, and that all Work shall be of good quality, free from all defects and in conformance with the Contract Documents. Contractor further warrants to Owner that all materials and equipment furnished under the Contract Documents shall be applied, installed, connected, erected, used, cleaned and conditioned in accordance with the instructions of the applicable manufacturers, fabricators, suppliers or processors except as otherwise provided for in the Contract Documents. If, within one (1) year after final completion, any Work is found to be defective or not in conformance with the Contract Documents, Contractor shall correct it promptly after receipt of written notice from Owner. Contractor shall also be responsible for and pay for replacement or repair of adjacent materials or Work which may be damaged as a result of such replacement or repair. These warranties are in addition to those implied warranties to which Owner is entitled as a matter of law. Page -6- .-'--'-'-- ---_..,---~ . , 1681 ... ~ 23. EMPLOYEES. The Contractor shall employ people to work at the Owner's facilities who are neat, clean, well groomed and courteous. 24. TESTS AND INSPECTIONS. If the Contract Documents or any codes, laws, ordinances, rules or regulations of any public authority having jurisdiction over the Project requires any portion of the Work to be specifically inspected, tested or approved, Contractor shall assume full responsibility therefore, pay all costs in connection therewith and furnish to the Owner the required certificates of inspection, testing or approval. All inspections, tests or approvals shall be performed in a manner and by organizations acceptable to the Owner. 25. PROTECTION OF WORK. A. Contractor shall fully protect the Work from loss or damage and shall bear the cost of any such loss or damage until final payment has been made. If Contractor or anyone for whom Contractor is legally liable is responsible for any loss or damage to the Work, or other work or materials of Owner or Owner's separate contractors, Contractor shall be charged with the same, and any monies necessary to replace such loss or damage shall be deducted from any amounts due Contractor. B. Contractor shall not load nor permit any part of any structure to be loaded in any manner that will endanger the structure, nor shall Contractor subject any part of the Work or adjacent property to stresses or pressures that will endanger it. C. Contractor shall not disturb any benchmark established by the Owner with respect to the Project. If Contractor, or its subcontractors, agents or anyone, for whom Contractor is legally liable, disturbs the Owner's benchmarks, Contractor shall immediately notify Owner. The Owner shall re-establish the benchmarks and Contractor shall be liable for all costs incurred by Owner associated therewith. 26. EMERGENCIES. In the event of any emergency affecting the safety or protection of persons or the Work or property at the Project site or adjacent thereto, Contractor, without special instruction or authorization from Owner is obligated to act to prevent threatened damage, injury or loss. Contractor shall give the Owner written notice within forty-eight (48) hours after the occurrence of the emergency, if Contractor believes that any significant changes in the Work or variations from the Contract Documents have been caused thereby. /f the Owner determines that a change in the Contract Documents is required because of the action taken in response to an emergency, a Change Order shall be issued to document the consequences of the changes or variations. If Contractor fails to provide the forty-eight (48) hour written notice noted above, the Contractor shall be deemed to have waived any right it otherwise may have had to seek an adjustment to the Contract Amount or an extension to the Contract Time. 27. COMPLETION. When the entire Work (or any portion thereof designated in writing by Owner) is ready for its intended use, Contractor shall notify Owner in writing that the entire Work (or such designated portion) is substantially complete and request that Owner issue a Certificate of Completion (substantial [Exhibit E] or final [Exhibit F] Certificate of Completion). Within a reasonable time thereafter, Owner and Contractor shall make an inspection of the Work (or designated portion thereof) to determine the status of completion. If Owner does not consider the Page -7- -+-_._~.....__.,---- - -".~--'- '. 1681 ., .~ Work (or designated portion) substantially complete, the Owner shall notify Contractor in writing giving the reasons therefor. If Owner considers the Work (or designated portion) substantially complete, Owner shall prepare and deliver to Contractor a Certificate of Completion (substantial or final Certificate of Completion) which shall fix the date of Substantial Completion for the entire Work (or designated portion thereof) and include a tentative punchlist of items to be completed or corrected by Contractor before final payment. Owner shall have the right to exclude Contractor from the Work and Project site (or designated portion thereof) after the date of Substantial Completion, but Owner shall allow Contractor reasonable access to complete or correct items on the tentative punch list. Upon receipt of written certification by Contractor that the Work is completed in accordance with the Contract Documents and is ready for final inspection and acceptance, and upon receipt of a final Application for Payment, Owner will make such inspection and, if Owner finds. the Work acceptable and fully performed under the Contract Documents, he shall promptly issue a final Certificate for Payment, recommending that on the basis of his observations and inspections, and the Contractor's certification that the Work has been completed in accordance with the terms and conditions of the Contract Documents, that the entire balance found to be due Contractor is due and payable. Final payment shall not become due and payable until Contractor submits: (1) The Release and Affidavit in the form attached as Exhibit B. (2) Consent of Surety (if applicable) to final payment. (3) If required by Owner, other data establishing payment or satisfaction of all obligations, such as receipt, releases and waivers of liens, arising out of the Contract Documents, to the extent and in such form as may be designated by Owner. Owner reserves the right to inspect the Work and make an independent determination as to the Works acceptability. Unless and until the Owner is completely satisfied, the final payment shall not become due and payable. 28. LIQUIDATED DAMAGES. The "Commencement Date" shall be established in the Notice to Proceed to be issued by the Owner. Contractor shall commence the work within five (5) calendar days from the Commencement Date. No Work shall be performed at the Project site prior to the Commencement Date. Any Work performed by Contractor prior to the Commencement Date shall be at the sole risk of Contractor. The Work shall be substantially completed within the time specified in the Request for Quotation. The date of substantial completion of the Work (or designated portions thereof) is the date certified by the Owner when construction is sufficiently complete, in accordance with the Contract Documents, so Owner can occupy or utilize the Work (or designated portions thereof) for the use for which it is intended. The Work shall reach final completion and be ready for final acceptance by Owner within the time specified in the Request for Quotation. Owner and Contractor recognize that since time is of the essence for any work under this Agreement, Owner will suffer financial loss if the Work is not substantially completed within the time specified in the Request for Quotation. Should Contractor fail to substantially complete the Work within the specified time period, Owner shall be entitled to assess as liquidated damages, Page -8- '-.'--.- --....-- . " . /,. f- ~. ..-. ' '-'~;1 q /-.....,:: :!i !.-1' \ , /-'., j 'L JL ,,,-11 ',' . '.-' r~ but not as a penalty, the amount specified in the Request for Quotation for each calendar day thereafter until substantial completion is achieved. The Project shall be deemed to be substantially completed on the date the Owner issues a Certificate of Substantial Completion pursuant to the terms hereof. Contractor hereby expressly waives and relinquishes any right which it may have to seek characterize the above noted liquidated damages as a penalty, which the parties agree represents a fair and reasonable estimate of the Owner's actual damages at the time of contracting if Contractor fails to substantially complete the Work in a timely manner. When any period of time is referenced by days herein, it shall be computed to exclude the first day and include the last day of such period. If the last day of any such period falls on a Saturday or Sunday or on a day made a legal holiday by the law of the applicable jurisdiction, such day shall be omitted from the computation, and the last day shall become the next succeeding day which is not a Saturday, Sunday or legal holiday. 29. CONTRACT ADMINISTRATION. This Agreement shall be administered on behalf of the County by the Water Department. 30. COMPONENT PARTS OF THIS CONTRACT. This Contract consists of the attached or referenced component parts, all of which are as fully a part of the Agreement as if herein set out verbatim, including: Contractors Proposal, Insurance Certificate, Request for Proposal No. 02- 3345, any addenda, any Quotation/Work Order made or issued pursuant to this Agreement, and any related plans or specifications for any such Quotations or Work Orders. 31. SUBJECT TO APPROPRIATION. It is further understood and agreed, by and between the parties herein' that this Agreement is subject to appropriation by the Board of County Commissioners. . . . . . . . . . . . . . . . . . . . . . . Page -9- "-,_...- ---.---- . . 1681 IN WITNESS WHEREOF, the Contractor and the County, have each, respectively, by an authorized . person or agent, hereunder set their hands and seals on the date and year first above written. . .. C\~ cr;,.,' . BOARD OF COUNTY COMMISSIONERS ATT~T:.., v....).... . COLLIER COUNTY, FLORIDA D]~~.~~~;{B.' ~\ ~~ o. ' Courts ~ ~~: . G~~~ jCP.e By: : 7J ~ -..... 'I <) '. . Oat"...,.......,., ""r..'. ~ ' .~/',''If' '. . '.. ", ~, 1",..<'~6n~' . eall,' . Attes~: ~;\.~ 'C~~1M11n'S Douglas N. Higgins, Inc. signature 0111,. . Jont,acto, ~ {)..WLillL By: ~ }./ ~ Fi Witness Signature I A. WoI i e. I>a.ni€ I r.J. I-li~if} S Type/P nt Witness Name Typed Signa j( ~ ~ Vice ~ PreSI de.nf: Secon Witness Title " " . . . . . . ---...f5. t' I L r \ f~ Sri '. .:> (AZt{W/IO lit{ wker '.j .i~:,........,,:,I./ . r f{,J f'J ,'..: ".. .., Type/Print Witness Name CORPORATE SEAL '0 ....;:t:- :,', . "'.\:' (Corporations Only). (/'~S'/ " " ..:'~ t;, . . "'" I r .' (':. . . Approved as to form and ,,~~".:::~i~Q>:' .....>,;~ .. I~. (\:>~.':."..'.:......" , . .--. " '" ~.........- , -., . Robert Zac . Assistant County Attorney Page -10- ._~,_._._._--~".._--- . EXHIBIT A 1681 PUBLIC PAYMENT BOND Bond No. Contract No. 02-3345 KNOW ALL ME BY THESE PRESENTS: That , as Principal, and , as Surety, located at (Business Address) are held and firmly bound to as Oblige in the sum of ($ ) for the payment whereof we bind ourselves, our heirs, executors, personal representatives, successors . and assigns, jointly and severally. WHEREAS, Principal has entered into a contract dated as of the day of , 20_, with Oblige for in accordance with drawings and specifications, which contract is incorporated by reference and made a part hereof, and is referred to as the Contract. THE CONDITION OF THIS BOND is that if Principal: Promptly makes payment to all claimants as defined in Section 255.05(1), Florida Statutes, supplying Principal with labor, materials or supplies, used directly or indirectly by Principal in the prosecution of the work provided for in the contract, then this bond is void; otherwise it remains in "iull force. Any changes in or under the Contract and compliance or noncompliance with any formalities connected with the Contract or the changes do not affect sureties obligation under this Bond. The provisions of this bond are subject to the time limitations of Section 255.0592). In no event will the Surety be liable in the aggregate to claimants for more than the penal sum of this Payment Bond, regardless of the number of suits that may be filed by claimants. IN WITNESS WHEREOF, the above parties have executed this instrument this day of 20_, the name of under-signed representative, pursuant to authority of its governing body. Page -11- ----- . 1681"".. , Signed, sealed and delivered . in the presence of: PRINCIPAL: By: Witnesses as to Principal Name: Its: STATE OF . COUNTY OF The foregoing instrument was acknowledged before me this of 20_, by _ , as of ,a corporation, on behalf of the corporation. He/she is personally known to me OR has produced as identification and did (did not) take an oath. My Commission Expires: (Signature of Notary) Name: (Legibly Printed) (AFFIX OFFICIAL SEAL) Notary Public, State of Commission No.: ATTEST: SURETY: (Printed Name) (Business Address) (Authorized Signature) . Witness as to Surety (Printed Name) OR Page -12- .~----_.- .__._-~". -_..._-_._~_.__._~- -'.------ . . 1 t' '"' I :~" ' .: ,,,! ' As Attorney in Fact (Attach Power of Attorney) Witnesses (Business Address) (Printed Name) (Telephone Number) STATE OF COUNTY OF The foregoing instrument was acknowledged before me this _ day of 20_, by , as . of , Surety, on behalf of Surety. He/She is personally known to me OR has produced as identification and who did (did not) take an oath. My Commission Expires: (Signature of Notary) Name: (Legibly Printed) (AFFIX OFFICIAL SEAL) Notary Public, State of Commission No.: Page -13- -._.~ -..- . EXHIBIT A-1 16 B 1"'. (' PUBLIC PERFORMANCE BOND Bond No. Contract No. 02-3345 KNOW ALL MEN BY THESE PRESENTS: That , as Principal, and , as Surety, located at (Business Address) are held and firmly bound to , as Oblige in the sum of ($ ) for the payment whereof we bond ourselves, our heirs, executors, personal representatives, successors and assigns, jointly and severally. WHEREAS, Principal has entered into a contract dated as of the _ day of 20_, with Oblige for in accordance with drawings and specifications, which contractor is incorporated by reference and made a pat hereof, and is referred to as the Contract. THE CONDITION OF THIS BOND is that if Principal: 1. Performs the Contract at the times and in the manner prescribed in the Contract, and 2. Pays Oblige any and all losses, damages, costs and attorneys' fees that Oblige sustains because of any default by Principal under the Contract, including, but not limited to, all delay damages, whether liquidated or actual, incurred by Oblige; and 3. Performs the guarantee of all work and materials furnished under the Contract for the time specified in the Contract, then this bond is void; otherwise it remains in full force. Any changes in or under the Contract and compliance or noncompliance with any formalities connected with the Contract or the changes do not affect Sureties obligation under this bond. The Surety, for value received, hereby stipulates and agrees that no changes, extensions of time, alterations or additions to the terms of the Contract or other work to be performed hereunder, or the specifications referred to therein shall in anywise affect its obligations under this bond, and it does hereby waive notice of any such changes, extensions of time, alternations or additions to the terms of the Contract or to work or to the specifications. Page -14- ."..~-_..- --~--_.. , 16fJl This instrument shall be construed in all 'respects as a common law bond. It is expressly understood that the time provisions and statute of limitations under Section 255.05, Florida Statutes, shall not apply to this . bond. In no event will the Surety be liable in the aggregate to Oblige for more than the penal sum of this Performance bond regardless of the number of suits that may be filed by Oblige. IN WITNESS WHEREOF, the above parties have executed this instrument this _ day of 20_, the name of each party being affixed and these presents duly signed by its undersigned representative, pursuant to authority of its governing body. Signed, sealed and delivered . in the presence of : PRINCIPAL: By: Witnesses as to Principal Name: Its: STATE OF COUNTY OF The foregoing instrument was acknowledged before me this _ day of 20 _,by , as of ,a corporation, on behalf of the corporation. He/She is personally known to me OR has produced as identification and did (did not) take an oath. My Commission Expires: (Signature of Notary) Name: (Legibly Printed) (AFFIX OFFICIAL SEAL) Notary Public, State of Commission No.: Page -15- .~"-~ . ATTEST: SURETY: 1681 (Printed Name) (Business Address) (Authorized Signature) Witness as to Surety (Printed Name) OR As Attorney in Fact (Attach Power of Attorney) Witnesses (Business Address) (Printed Name) (Telephone Number) STATE OF . COUNTY OF The foregoing instrument was acknowledged before me this _ day of 20_, by ,as of , Surety, on behalf of Surety. He/She is personally known to me OR has produced as identification and who did (did not) take an oath. My Commission Expires: (Signature of Notary) Name: (Legibly Printed) (AFFIX OFFICIAL SEAL) Notary Public, State of Commission No.: Page -16- .. -- w. ~_" -"-- ------ , EXHIBIT B ]~681 RELEASE AND AFFIDAVIT FORM COUNTY OF COLLIER ) STATE OF FLORIDA ) Before me, the undersigned authority, personally appeared who after being duly swom, deposes and says: (1) In accordance with the Contract Documents and in consideration of $ paid, (.Contractor") releases and waives for itself and it's subcontractors, material-men, successors and assigns, all claims demands. damages, costs and expenses, whether in contract or in tort, against the Board of County Commissioners of Collier County, Florida, relating in . any way to the performance of the Agreement between Contractor and Owner, dated , 20_ for the period from to (2) Contractor certifies for itself and its subcontractors. material-men, successors and assigns, that all charges - for labor, materials, supplies. lands, licenses and other expenses for which Owner might be sued or for which a lien or a demand against any payment bond might be filed. have been fully satisfied and paid. (3) Contractor agrees to indemnify, defend and save harmless Owner from all demands or suits, actions, claims of liens or other charges filed or asserted against the Owner arising out of the performance by . Contractor of the Work covered by this Release and Affidavit. (4) This Release and Affidavit is given in connection with Contractor's [monthly/final] Application for Payment No. -' CONTRACTOR BY: ITS: President DATE: Witnesses (Corporate Seal] STATE OF . COUNTY OF The foregoing instrument was acknowledged before me this _ day of , 20_. by , as of ,a corporation, on behalf of the corporation. He/sheis personally known to me or has produced as identification and did (did not) take an oath, My Commission Expires: (Signature of Notary) NAME: (Legibly Printed) (AFFIX OFFICIAL SEAL) Notary Public, State of Commissioner No.: Page -17- , . . , c.;;;1 1 }-', , Ii '. .~ 'I EXHIBIT C ,1., FORM OF CONTRACT APPLICATION FOR PAYMENT (County Project Manager) Bid No. (County Department) Project No. Collier County Board of County Commissioners (the OWNER) Application Date FROM: (Contractor's Representative) Payment Application No. (Contractor's Name) for Work accomplished through the (Contractor's Address) Date: RE: (Project Name) Original Contract Time: Original Contract Amount: $ Revised Contract Time: Total Change Orders to Date $ Revised Contract Amount $ Total value of Work Completed and stored to Date $ Percent Work completed to Date: % Less Retainage $ . Percent Contract Time completed Total earned Less Retainage $ to Date % Less previous payment (s) $ AMOUNT DUE THIS APPLICATION: $ ATTACH SCHEDULE OF VALUES AND ACCOMPANYING DOCUMENTATION TO THIS APPLICATION CONTRACTOR'S CERTIFICATION: The undersigned CONTRACTOR certifies that: (1) all previous progress payments received from OWNER on account of Work done under the Contract referred to above have been . applied to discharge in full all obligations of CONTRACTOR incurred in connection with Work covered by prior Applications for Payment numbered 1 through _ inclusive; (2) title to all materials and equipment incorporated in said Work or otherwise listed in or covered by this Application for Payment will pass to OWNER at time of payment free and clear of all liens, claims, security interests and encumbrances (except such as covered by Bond acceptable to OWNER); (3) all amounts have been paid for work which previous payments were issued and received from the OWNER and that current payment is now due; (4) and CONTRACTOR agrees that all overruns as shown on the monthly estimate summary shall, in fact, be added to the revised . contract and shall be incorporated into a future Change Order: . By CONTRACTOR: (Contractor's Name) (Signature) DATE: (Type Name & Title) (shall be signed by a duly authorized representative of CONTRACTOR) Payment to the CONTRACTOR for the above AMOUNT DUE THIS APPLICATION is recommended: . By Design Professional : (DP's Name) (Signature) DATE: (Type Name & Title) Payment to the CONTRACTOR for the above AMOUNT DUE THIS APPLICATION is approved: By OWNER'S Project Manager: (Signature) DATE: (Type Name and Title) Page -18- --...-. .. . 1681 EXHIBIT D CHANGE ORDER CHANGE ORDER NO. CONTRACT NO. TO: DATE: PROJECT NAME: PROJECT NO.: Under our AGREEMENT dated ,20_. You hereby are authorized and directed to make the following change(s) in accordance with terms and conditions of the Agreement: FOR THE (Additive) (Deductive) Sum of: $ ($ ) Original Agreement Amount $ Sum of Previous Changes $ This Change Order (Add) (Deduct) $ Present Agreement Amount $ The time for completion shall be (increased/decreased) by calendar days due to this Change Order. Accordingly, the Contract Time is now <--J calendar days. The substantial completion date Is and the final completion date is Your acceptance of this Change Order shall constitute a modification to our Agreement and will be performed subject to all the same tenns and conditions as contained in our Agreement indicated above, as fully as if the same were repeated In this acceptance. The adjustment, if any, to the Agreement shall constitute a full and final settlement of any and all claims of the Contractor arising out of or related to the change set forth herein, including claims for impact and delay costs. Accepted: ,20_ . CONTRACTOR: OWNER: BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: By: DESIGN PROFESSIONAL: By: Page -19- '---"--""--'--. ---'- . . ~ '; 1681 EXHIBIT E CERTIFICATE OF SUBSTANTIAL COMPLETION OWNER'S Project No. ENGINEER'S Project No. PROJECT: CONTRACTOR . Contract For Contract Date . This Certificate of Substantial completion applies to all Work under the Contract documents or to the following specified parts thereof: To OWNER And To The Work to which this Certificate applies has been inspected by authorized representatives of OWNER, CONTRACTOR AND DESIGN PROFESSIONAL, and that Work is hereby declared to be substantially complete in accordance with the contract documents on: DATE OF SUBSTANTIAL COMPLETION A tentative list of items to be completed or corrected is attached hereto. This list may not be all- inclusive, and the failure to include an item in it does not alter the responsibility of CONTRACTOR to . complete all the Work in accordance with the Contract Documents. The items in the tentative list shall be completed or corrected by CONTRACTOR within days of the above date of Substantial Completion. EJCDC NO. 1910-8-0 (1983 Edition) Prepared by the Engineers Joint Contract documents Committee and endorsed by The Associated General contractors of America. Reprinted 5185 Page -20- .. ----- . . 1(,( ~\' ."1 ~ "~I The responsibilities between OWNER and CONTRACTOR for security, operation, safety, {tl ,~.,.1 <;;.;.., maintenance, heat, utilities, insurance and warranties shall be as follows: RESPONSIBILITIES: OWNER: CONTRACTOR: The following documents are attached to and made a part of this Certificate: . This certificate does not constitute an acceptance of Work not in accordance with the Contract Documents nor is it a release of CONTRACTOR'S obligation to complete the Work in accordance with the Contract Documents. Executed by Design Professional on ,20_ Design Professional By: Type Name and Title CONTRACTOR accepts this Certificate of Substantial Completion on ,20_ CONTRACTOR By: Type Name and Title OWNER accepts this Certificate of Substantial Completion on ,20_ OWNER By: Type Name and Title Page -21- ---'--- - . . , 1681 EXHIBIT F CERTIFICATE OF FINAL COMPLETION OWNER'S Project No. ENGINEER'S Project No. PROJECT: . CONTRACTOR Contract For Contract Date This Certificate of Final completion applies to all Work under the Contract documents. To OWNER . And To The Work to which this Certificate applies has been inspected by authorized representatives of OWNER, CONTRACTOR AND DESIGN PROFESSIONAL, and that Work is hereby declared to be substantially complete in accordance with the contract documents on: DATE OF FINAL COMPLETION EJCDC NO. 1910-8-0 (1983 Edition) . Prepared by the Engineers Joint Contract documents Committee and endorsed by The Associated General contractors of America. Reprinted 5185 Page -22- .------ 16H~' ll1'" .. . ... 1 ~.~.\ ...4., . The following warranty is attached to and made a part of this Certificate: . EXHIBIT G2 Executed by Design Professional on ,2002 Design Professional By: Type Name and Title CONTRACTOR accepts this Certificate of Final Completion on , 2002 CONTRACTOR By: Type Name and Title OWNER accepts this Certificate of Final Completion on , 2002 OWNER By: Type Name and Title Page -23- ~~.."~-~ ^ ._._._~__,_,___.."M_" ,--- A'CORb. CERTIFICATE OF LIABILITY INSURANC~c;8r~ 06/11/02 PRODUCSt THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Dobson-MComber Agency, J:nc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE P.O. Box 1348 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 301 H. xain Street ALTER THE COVERAGE AfFORDED BY THE POLICIES BELOW. ADD Arbor ~ 48106-1348 INSURERS AFFORDING COVERAGE Phone I 734-741-0044 PaxI734-741-90S9 INSURED INSURER A: ~ranacontinental J:na. CO. INSURER B: ~rana rtation Ina. Co. Douala. HI Big~ins, J:nf. INSURER c: Acciden t lI'Und of Michi an 339 Trav s Po nte, Su te A INSURER 0: ADD Arbor ~ 48108 INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE SEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING AH'f REQUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY SE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POlICIES DESCRISEO HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. l~fG TYPE OF INSURANCE POLICY NUllIIER DATEI~ DATE "MID~ L1M1T$ GENERAl. UASlUlY EACH OCCURRENCE S 1,000 000 - A X COMMERCIAL GENERAl. LIABILITY Ll61922047 12/10/01 12/10/02 FIRE DAl.IAGE (Any anellre) S 100 000 =:=J CLAIMS MADE [i] OCCUR MED EXP (Anyone person) S 10,000 ~ Includes XCU PERSONAL & MJV INJURY 5 1,000 000 ~ Contractual Liab GENERAL AGGREGATE 52,000 000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS. COMPIOP AGG 52,000,000 I POLICY [Xl ~ n LOC AUTOMOBILE UABlLlTY COMBINED SINGLE LIMIT - 51,000,000 A ~ AH'fAlITO Ll61922033 12/10/01 12/10/02 (Ea lICCident) ALL OWNED AUTOS BODILY INJURY - S SCHEDULED AUTOS (Per person) - ~ HIRED AlITOS BODILY INJURY 5 ~ NON-OWNED AUTOS (Per accident) - PROPERTY DAMAGE 5 (Per accident) GARAGE UABlUTY AUTO ONLY. EAACCIDENT 5 R ANY AUTO OTHER THAN EA Ace S AUTO ONLY: AGG $ EXCESS UABlUTY EACH OCCURRENCE $10,000,000 B t!J OCCUR D CLAIMS MADE Ll619220S0 12/10/01 12/10/02 AGGREGATE 510,000,000 5 ~ DEDUCnBLE 5 X RETENTION S 10,000 S WORKERS COMPENSAnON AND X I TORY LIMITS I IV~ EMPLOYE.... UAIlIUTY A lfCl61922016 12/10/01 12/10/02 E.L. EACH ACCIDENT 5500,000 C lfCV3U330 12/10/01 12/10/02 E.L DISEASE. EA EMPLOYEE 5 500,000 , . '. E.L DISEASE - POLICY LIMIT S 500,000 OTHER Dl!SCRlPTION OF OPERAnoNSlLOCAnoNSIYEHICLESlEXCLUSlONS ADDED IIY ENDORSEMENTISPEClAL PROVISIONS Re - Contract 102-3345, ADDual Contract for Underground Utility Construction Services. Additional J:nsured for General Liability - Collier County Board of County Commissioners. CERTIFICATE HOLDER I N I ADOInOHAL INSURED: INSURER LETTER: CANCELLATION COLLJ:-1 SHOULD AH'f OF TIlE ABOVE DESCAlBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, TIlE ISSUING INSURER W1U !!NDEAVOR TO IllAIL ..3.0...- DAYS WRIT11!N Collier County Board of NonCE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT. BUT FA/LUlU! TO DO so SHALL County Commis.ioners 3301 Baat Tamiami Trail IMPOSE NO OaUGAnON OR UAIIIUTY OF AH'f KIND UPON TIlE INSUR1!It, ITS AGENTS OR Hap1e. J'L 33862 REPRESENTATIVES. AUTHORIZED REPRESENTATIVE I Dobson-McOmber Aaencv ACORD 25-8 (7/97) CACORD CORPORATION 1188 _....-,.'" '-"---^,-~-"- 1'6B3 MEMORANDUM Date: March 29, 2004 To: Jim Albury, Purchasing Agent Purchasing Department From: Trish Morgan, Deputy Clerk Minutes & Records Department Re: Contract No. 04-3597 " Davis Blvd. Phase II M.S.T.D. Roadway Grounds Maintenance" -Advanced Lawn & Landscaping Services, Inc., Contractor Enclosed please find three (3) original documents, as referenced above, (Agenda Item #16B3), approved by the Board of County Commissioners on February 24,2004. If you should have any questions, please contact me at 774-8406. Thank you. --_.,~--,.~ . . .,..,_..~,~,..~ ~~--_.~ . 1683 AGREEMENT THIS AGREEMENT, made and entered into on this 24th day of February, 2004, by and between Advanced Lawn & Landscaping Service, Inc. hereinafter called the "Contractor" and Collier County, a political subdivision of the State of Florida, Collier County, Naples, hereinafter called the "County": WIT N E SSE T H: 1. COMMENCEMENT. This Agreement shall commence after receipt of the Notice to Proceed, in the form of a letter from the Contract Manager, and will remain in effect until October 30,2004 The County may, at its discretion and with the consent of the Contractor, renew the Agreement under all of the terms and conditions contained in this Agreement for three (3) additional one (1) year periods. The County shall give the Contractor written notice of the County's intention to renew the Agreement term not less than ten (10) days prior to the end of the Agreement term then in effect. The County Manager, or his designee, may, at his discretion, extend the Agreement under all of the terms and conditions contained in this Agreement for up to one hundred eighty (180) days. The County Manager, or his designee, shall give the Contractor written notice of the County's intention to extend the Agreement term not less than ten (10) days prior to the end of the Agreement term then in effect. 2. STATEMENT OF WORK. The Contractor shall furnish Davis Blvd Phase II MSTU Roadway Grounds Maintenance in accordance with the terms and conditions of the specifications of Bid #04-3597 and the contractor's proposal hereto attached and made an integral part of this agreement. 3. COMPENSATION. The County shall pay the Contractor for the performance of this Agreement the aggregate of the units actually ordered and furnished at the unit price, together with the cost of any other charges/fees submitted in the proposal. Any county agency may purchase products and services under this contract, provided sufficient funds are included in their budget(s). 4. NOTICES. All notices from the County to the Contractor shall be deemed duly served if mailed by registered or certified mail, facsimile or email to the Contractor at the following Address: 1 , 1683 Joseph J. Luneke, President Advanced Lawn & Landscaping Service, Inc. 298 Sabal Palm Road Naples, Florida 34114 Telephone: 239-732-4624 Facsimile: 239-732-0077 All Notices from the Contractor to the County shall be deemed duly served if mailed by registered or certified mail, facsimile or email to the County to: Collier County Government Center Purchasing Department - Purchasing Building 3301 Tamiami Trail, East Naples, Florida 34112 Telephone: 239-774-8407 Facsimile: 239-732-0844 Email: colliergov.netpurchasing The Contractor and the County may change the above mailing address at any time upon giving the other party written notification. All notices under this Service Agreement must be in writing. 5. NO PARTNERSHIP. Nothing herein contained shall create or be construed as creating a partnership between the County and the Contractor or to constitute the Contractor as an agent of the County. 6. PERMITS: LICENSES: TAXES. In compliance with Section 218.80, F.S., all permits necessary for the prosecution of the Work shall be obtained by the Contractor. Payment for all such permits issued by the County shall be processed internally by the County. All non-County permits necessary for the prosecution of the Work shall be procured and paid for by the Contractor. The Contractor shall also be solely responsible for payment of any and all taxes levied on the Contractor. In addition, the Contractor shall comply with all rules, regulations and laws of Collier County, the State of Florida, or the U. S. Government now in force or hereafter adopted. The Contractor agrees to comply with all laws governing the responsibility of an employer with respect to persons employed by the Contractor. 7. NO IMPROPER USE. The Contractor will not use, nor suffer or permit any person to use in any manner whatsoever, county facilities for any improper, immoral or offensive purpose, or for any purpose in violation of any federal, state, county or municipal ordinance, rule, order or regulation, or of any governmental rule or regulation now in effect or hereafter enacted or adopted. In the event of such violation by the Contractor or if the County or its authorized representative shall deem any conduct on the part of 2 "- -'''"" 16B3 .~ .~ '.. the Contractor to be objectionable or improper, the County shall have the right to suspend the contract of the Contractor. Should the Contractor fail to correct any such violation, conduct, or practice to the satisfaction of the County within twenty-four (24) hours after receiving notice of such violation, conduct, or practice, such suspension to continue until the violation is cured. The Contractor further agrees not to commence operation during the suspension period until the violation has been corrected to the satisfaction of the County. 8. TERMINATION. Should the contractor be found to have failed to perform his services in a manner satisfactory to the County as per this Agreement, the County may terminate said agreement immediately for cause; further the County may terminate this Agreement for convenience with a seven (7) day written notice. The County shall be sole judge of non-performance. 9. NO DISCRIMINATION. The Contractor agrees that there shall be no discrimination as to race, sex, color, creed or national origin. 10. INSURANCE. The Contractor shall provide insurance as follows: A. Commercial General Liability: Coverage shall have minimum limits of $1,000,000 Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shall include Premises and Operations; Independent contractors; Products and Completed Operations and Contractual Liability. B. Business Auto Liability: Coverage shall have minimum limits of $1,000,000 Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shall include: Owned Vehicles, Hired and Non-Owned Vehicles and Employee Non-Ownership. C. Workers' Compensation: Insurance covering all employees meeting Statutory Limits in compliance with the applicable state and federal laws. The coverage must include Employers' Liability with a minimum limit of $1,000,000 for each accident. Special Requirements: Collier County shall be listed as the Certificate Holder and included as an Additional Insured on the Comprehensive General Liability Policy. Current, valid insurance policies meeting the requirement herein identified shall be maintained by Contractor during the duration of this Agreement. Renewal certificates shall be sent to the County thirty (30) days prior to any expiration date. There shall be a thirty (30) day notification to the County in the event of cancellation or modification of any stipulated insurance coverage. 3 ~-"._~->-,-"., -- ---.."" - 16B3 ..j ~1 Contractor shall insure that all subcontractors comply with the same insurance requirements that he is required to meet. The same Contractor shall provide County with certificates of insurance meeting the required insurance provisions. 11. INDEMNIFICATION. The Contractor /V endor, in consideration of One Hundred Dollars ($100.00), the receipt and sufficiency of which is accepted through the signing of this document shall hold harmless and defend Collier County and its agents and employees from all suits and actions, including attorneys' fees and all costs of litigation and judgments of any name and description arising out of or incidental to the performance of this contract or work performed thereunder. This provision shall also pertain to any claims brought against the County by any employee of the named Contractor/Vendor, any Subcontractor, or anyone directly or indirectly employed by any of them. The Contractor/Vendor's obligation under this provision shall not be limited in any way by the agreed upon contract price as shown in this Contract or the Contractor/Vendor's limit ot or lack ot sufficient insurance protection. The first One Hundred dollars ($100.00) of money received on the contract price is considered as payment of this obligation by the County. This section does not pertain to any incident arising from the sole negligence of Collier County. 12. CONTRACT ADMINISTRATION. This Agreement shall be administered on behalf of the County by the Alternate Transportation Modes/Landscape Maintenance Department. 13. COMPONENT PARTS OF THIS CONTRACT. This Contract consists of the component parts, all of which are as fully a part of the contract as if herein set out verbatim: Contractor's Proposat Insurance Certificate, Bid #04-3597, Specifications and Addendum/ Addenda. 14. SUBJECT TO APPROPRIATION. It is further understood and agreed by and between the parties herein that this agreement is subject to appropriation by the Board of County Commissioners. 4 --- -- ._-~--<,-~.-~._--,-- "---, 1683. IN WITNESS WHEREOF, the Contractor and the County, have each, respectively, by an authorized person or agent, hereunder set their hands and seals on the date and year first above written. . ;,,,,,,,,,,,,., BOARD OF COUNTY COMMISSIONERS ~J'1~tLl QP"'""" COLLIER COUNTY, FLORIDA f::.,S~.~:..ig~~B..r.~~~~'~le~k.o fCourts ~ d _ --~'J, .,.,77/:.--- ~ . ~ ~~Y:~."I:':~ . ,. :n _ I By:. ~ ~'pa.~~ Comrni sionerDonnaFIala, ChaIrman ~ >- . . Y(SD kL)" <:.,' ,- ..... . /,"". ". . D./"\.' . ',<"l;.l ...... /~, (',,)1')' .~.....' ""C)'.. ..'to.... ' "",,,,:,::.. . )\';'~""'.~.le}I., Advanced Lawn & Landscape Service, Inc. '.""...11:....\.. -,w;':."'''';' C t t .' ,it;.;y on rac or _'~ l',: i':'~> r ',' . ""''1Xzt,. -fiA c2 ~ L . ;..tI\i:'. ,j~ By:' y . qr:tWitness SigiGture ~1ichc:ll L. Luncl~c tTypej print witness namet ~~ ~~WJ)l J .lnseph J. I lJnek, Pres i rlent Second Witness Typed signature and title E Jisabet h Kreamer Dated: ~ -;) 7,' tJ ~ tTypej print witness namet CORPORATE SEAL (corporations only) Scott Teach Assistant County Attorney ltem#'*'~' .........., ';'<~ Agenda .~ Date Z Z! .' .... . -;::',- -. 3-z<1-ott 5 ---..-" ~---_._.~ FROM: FAX NO. : 2397320077 Mar. 23 2004 04.:S7PM P21 6 B - Al;Q8P. CERTIFICATE OF LIABILITY INSURANCE ~::-tif OAT~~7;;r;:) .' ~ROl)UCER THIS CERTIFICATE IS ISSUED AS AMATT!'!R OF INFORMATION Insuranoe and Risk Manag~ent ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE ServioQ$, Inc. HOLDER. THIS CE~"IFICATE DOeS NOT AMEND, EXTEND OR 8950 Fon~ana. Del Sol Way #200 ALTER THE COVERAGE AFFORDED BY THE POLlC1!~S BELOw. ~aples FL 3(109-4374 I Phone: 239-64.9-1444 Fax:239_~649-7933 '__", INSURERS AFFORDING COVERAGE . ...lNA'C# INSURi:D INSURER A: Hartford Insurance Company : 09263 -=.=.:........ ..,.. --.- .-- . INSURER S: 1__ Adva2,lced Lawn and Lllndscap1ng "'" lNSURER c: .....- I .- ~;Vi~h :L~im Road n8 ,",URERD: ~ n.._..__... T Naples n. 341.14 i _ ..... INSURER E: COVERAGES fl ':-' THE POLICIES OF INSURAI\lCE LISTED IIELOW HAVE B~EN IsSUED TO THE INWREO NAMIiD AQO~ FOR TJ.lE POLICY PERIOD INDICA TEO. NOTWITHSTANDING ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESP!;CT TO W~ICH '!'IiIS CERTIFICATE MAV l\e JaWEO OR MAV P"RTAIN. 'THE INSURANCE AFFOROED ElYTliE POLICIES DESCRIBED HEREIN 15 SUBJECT 'to ALL 1JoIE T~RMS. o;;;xCl.U~ONS AND CONOlT1OIIIS OF .sUCH POLICIES. AGGRCGATE LIMITS SHOWN MAY HAVI; SEEN REDUCED BY PAID CLAIMS. 1IiI::;" 11I1,11,1 Ll I I lil:iI:J!<.u P9~Y iTioll' L TR 1N5RD TYPE Q/' INSUI'W'tCE POLICY NUMBEIJ DATE IMMIODNY, OATE (MY/liMY" lIMITS I 'GENERALLlABllITY EACtlOCCURRENCE 51,000.000 A X !Xl COMMERCIAL GENERAL LJAalllTY 210tJNLK7 088 03 /20 I 04 031201 0 5 ~~iS1s (E~ OCCU~En"") $ 3 0 O. () 0 0 I rr--l C1-^IMSt.MOE [!] OCCUR '~EOExP(Anyonepe'!Ul) 510,000 I ~.. ~~NAL&AOVINJURY $1,000,000 ClENERAlI\l?GJUOGATE $ 2, 000.000 GEN'L AGGREGA,.e-UMIT APPLIES peR: ~c;.l\, COMf'/OP AQ~: S 2,000,000 r"--l- PRO. n X f'OLICY I I JEeT LOC I ~TOMOlln.E L1A81LTTY COMIlINEO SINGLe LII..lIT s ANV AUTO (Ea ateid~nll !-- ALLDlNNmAUTOS BODILY INJURY $ SCHEDULED AUTOS (por pet80n) "- L- Hlf\EOAUTOS 1l00ILYINJURV S NON-OWNED AUTOS (Per o.oll<lnl) !-- !-- -.-..,.... rp~~:;c\Ve~I~AMAGE $ I GARAGE liABILITY I AUTO ONLY. EA ACCIOEN'/, S R. -. A,NY AUTO OHleR THAN EA ACe s I AU)'OONLY, AGG S EXCESS/UM8RELLA LIABIUTY E^C~ OCCURRENCt: S =:J 'OCCUR D CLAIMS MADE ~~~~TE $ s I DEO.,1CTl5LE '-'-""',...- S I RETENTION $ s I WORKERS COMPENSATION AND I T1r~v" ~IM:f'~ I I OJ~' EMPLOYERS' UAIIIUTY __.!.!2!:L...... .' A I ANYf>RQPRIETORlPAATNEI'I/r:xECUTIVE 21WBDX9870 03/20/04 03/20/05 E.L. EACH ACCIDEN1 S 1. 000. 000 OFFICERIMEIIoUjER EXCLUDE07 E.L DISEASE. EA EMPLOYEE $ 1, 000 000 If \let. tie~ra,o under , I f;PEClAL PROIllSIONS hol"", E.L DlSliASE . POLICV LIMIT $ 1, 000. 000 I OTHeR DESCRIPTION of O~ERATION$II.OCATlONS I VEHICLeG/ EXCLUSIONS ADDED IS,( ENOORUMj;NT 16PECIAL PIlOVISlONS Ref: contract 104-3597 - "navis ~lvd. Phase n: M.S.T.n. Roadway Grounds Maintenance-, The certificate holder ia an additional insured as respects general liability. CERTIFICATe HOLDER C.\NCeLLATION COLLC02 SHOULD AAY OF THE ABoVE OESCIllBl!D POLICIES BE CA.~C:ELLEC IIEFORE THE EXPIRATlO . DATE THEREOF, THE ISSUING INSURER WILL ENOEAYOIl TO MAIL 30 DAYS mITTEN Coll1er Coun~y Board of County ____ COIIIIII..:L' . IlOTICETO nq; CERTIFICATE HOLDER NAM~D TO TKE LEFT BUT "AlLURE TO DO SO SHALL B~10nQrQ . 3301 East 1'amiam.:i. Trail """OSE NOODLIGATION OR UAIlILlTY O~ AWY I<;IIjD UPC>>.! THE IN$UR5R.ITSAGENTS OR Maples FL 3411.::t RlOPRE$I;"'TATlIlES.~...... 1" ~,/ AUTHORIZED REPRkSEtlTATlVE "" , . :\ /' David W. Sumner - '~'I=' ;x::..<'.. _ ACORD 25 (2001/08) ~ ACORD CORPORATION 1988 .-. - . . .. ACDBD. CERTIFICATE OF LIABILITY INSURANCE ~D DAle (MWCiDIYYYVl An -1 0 ? 04 !'RODUCER THIS CI!!tTIIlICATE 18 ISSUED AS A MAnER OF INFCRMATfON tJ:1eurana. iUlcl R;..s:t. Kan&g'emant ONLY AND CONfll!R8 NO RIGHTS UPON THE CERTlP'ICATE Servi.au, InC. HOLDI!R. THI6 CIiRTIFICATE DOES NOT AMENDj EXliND OR 8SS0 r~~a Del Sol Nay *200 ALTER THE COVERAGE AFFOREI!D ISV THE POLICIES BELOW. Naple. rL 3(109-4374 ~Aon.:239-649-1444 rax:239-649-7933 INlUIURS AFFORDING COVERAGI! NAlC' lNSl.lltED' . .- INSURER k Bazttord }nsurance 09263 JNIU~l!l: Ad~ecl i'::WI1 allcJ I.and8capinq INSURER c; SInge, D.a . 2 ~al nff Roa.d INSUR;R 0: Naples I'L 41 4 . .. INSURER. E.: COVERAGES 1J.l1O POUCIU cr INlIUI\I\NCE ~18TID ~ 11I'IVl! IiiN unU!!D TO THE MlU~.w..c Nll:NE.I"OJIII THl!! I"OI.ICV f'ERIOCi INOlCAn;o. NOTWITlolIITANCINQ N'f'I' lU!Qull'lI!M!lilT. T1iRM OR CONDl'TlON OF N'N CONmACT olli OTHER QOCUMINT ~ ~ TO WHI().l nll$ o;A.T1I=ICATli!JAY 51! ISSUED Oil w..V PlRTAlN, TI1! INIIUIW'lCE .u;~DE!C IV THE flCILICIIOS DUCIIlI!ll!O ItEI'I!IN 18 llUIIJECT'Tt) N.J.. THE n:1\MI5. ~LUaIOI'IS AND CONomONG OF SUCH P'Ouce. AGORIOGA11I UMlTlIlIHClWN w.\Y ~V!!!lI:I:N !U!OUC!l;IIY I'lIUC C1.AIM4. .. . - ,..,.. OF I I"OI.lOY NI,IIi8IR L.IMIT8 CDI!NAL LlMILm' ISf.CH OCCUAflll!NQ! 11,000,000 A1X X COMMCI'lCI.IJ. CilJIJIW.UUIL./TY /21ut1J1Ll['7088 nV?ntn, o'V~n/n~ R I :SO D . Q,D Q 11II.....1"; 1"1 rm 11811,..) - .. CLAIMI MID! [!] 0CClJR Nee ~ ~Y_lIIIIDn) S 10 000 PIFtIIOIW..N:N INJURY i 1 000 000 -. GENa:w. AOORIitaATi 52,000,000 OEN'L. AGGRlliATli! UMrr ""~UEB P1iR: PROOOCTS-CClMAOP AQC I, ~ t 000 000 X pouev ' LeC ALITONOEllli LWIIJ'1Y OOM&l1ol!O SINGLE UMIT - -- S ANY AI1TO (1:IlICOllenll AU.. QWIel) AI1T08 IIQDIL Y IllUURY . $Cll~I)I.g)AUTOS I ("""_II'l) - '" ,~ HIIlEOAUTClS BODILV Il\UURY (1"tr~1ti.) $ ! NON-OWNI!O AUTOS . -....-. I I"ftOI'l9'l'l'Y ONMOl! - - .- ~_dat\1) C , OAllAGI! LWlI.I1Y AUTO ONL" - 51'. ACCIDl!HT $ n .....y AUTO -,. OTHeR THAN EA ACe $ AUTO ONl. y~ l'GG S , mcc:llSlAJlllIIUilI.U UAIIILITY iACl' OCCURltENCE S P OCCUR o CLAIMS WIIJe I AG~ReO.\1'I! . .. $ , I ro,', DWUCTlBLE I 5 i -'" .- j I It!TEI'lTION S & WORKI:RI COIIIPlOOlA nOli Aiel X - A IIIIPLO"J'I!II LIo\IJILITV 21w:BDX9B70 03/20/03 03/:20/04 . !Ji~_9 000 AH't PROPRIl!:I'O~F'MTIEM!XECUTMi OFF! CIlRllotlWleR exCLUDeD? E,L,DIiIAH.&AIlMPL i 500r.~OL_ ~ a~. unlllr IAL PROl/I8lONS INrlo:lW I!.L D151!A$! -J'ouC'l'L1MI'T . 500 r 000 OTH5iR i gQC"II'1IOM OF 0NAAl1ONlI LOCA1l0NS/ Wl-ueLli, J IDlCLUlIO. ~1l.Y ...DOItSlll5NT IlIPIiCIAL PIUMIlCNI Ref': CCZ11::ract. 104-3597 - "~vi.. BlveL Pluue II M.S.'r.D. ll.o_d.way (;round.a lfa:i.n~anc." . . '!"he aa:~:i.c:at:e ho1der i. IUI. adtti1:.i.on&.l i)l.ur~ u ~.po('!t:s g8nQr&1 1iability. CE!mFlCATE HOLDER CANCELLATION C0LLC02 ItDLP Nl't' OP THE AlOVIl)I'~'llll"OLl:l;a IlIE CANCID..L8D IIJIlOJIIII! n. I!lCPIRA TlON DA'T:e11iEiggl', ,..IIIIUINCS INS1.I1'IIl\ WII.l.' .NClIAVOIt TO IAAL 12- I)A VB WRlT1l!N Co~~i.r count.y :Board of: COU11t.y NOTICI TO THI! Cl!IlTIfllCATE HClLDl!lll NAMED TO THE LEFT. BUT 1'A1l.1JRE TO DO SO SlW.L Comaa.;i...:i.~. IMFOIR NO CIIUOATION CR UABILITT OF ANY KIND UPtlN TMI! INSUIeJIl.1TS AGENTS Ofl 3301 ...t ~ami.Emi Tra:i.l H*I,:I1.. !'L 34112 'mU. ACOIU) 25 (20011011) l!IlACOAD CORPORATION ita. ----~._,._--"-~-- --",-'..- ._""~ -"-_.~,~-- -~ ..n_.., 0;; vr '...........N..e 1 6 D SUCH INSURA.NCe AS RESPECTS THE INTEREST OF THE CERTIFICATe HOLDER WILL NOT BE CANCaeD OR 0 ' WITHOUT GIVING 10 DAYS PRIOR ~ITTEN NOTtCE TO THE CERTIFICATE HOLDER NAMED BeLOW, BUT IN N' TH_ CERTIFICATe BE VAUD'MORS THAN 30 DAYS FROM THE DA.TE WRITTEN. THIS CERTIFtCATt: OF INSURANC e THI! COVERAGE PROVIDED BY ANY POUCY DESCJlUBED BELOW. ~ STAlE FARM MUTUAL AUTOMOBILE: INSURANcE COMPANY of Bloomington, lIIinoie, Or STATE FARM IIIRe AND CASUAL TV COMPANY of SIoomingtOl'l, minoia has eowrage in force for th" 1tll'IOINing NarrKld Insurtldlils Ghown below : Named InsUred ADVANCED LAWN 8. LANDSCAPING Add.... of Narru,d I nsl.Jl'ed 298 SABAL PALM RO NAPLES, FL 34114 POLICY NUMBER 7&3.317t-D13-!!9 10113103 TO M/13104 2001 ole C3S00 1GDJC34U51F111~1S 00 yes ONO ~ $1.000,000.00 enSNe 1:1, CohiSlcn DYES 181 NO DYES DNO DYES DNO C!VES DNo .", ONO NO YES AGeNT 59-2752 2127104 5ig AuthClli2;ed Representative Title Agent's Code Number Date Name al'lc;t Address of Certifleate HQlder Name and AddreQ of Agent --. r- I r- I COLLIER COUNTY BOARD OF TED K BURKHARDT COMMISSIONERS STATE FARM INSURANCE 3301 E TAMIAMI TRAil 7385 RADIO ROAD #104B NAPLES. Fl34112 NAPLES, FL 34104 L ~ I --.J L.-. - --..----...--...... -----..--.--.....-, Chlick if a I')ermanerrt Certifica!e af 11ia.Jr-1lIfICe for liability covera;e is needed; ~ Oheck if the Certificate '-jcrlder stIould be adCUld as 111'1 Additjonallnsured: 181 Remarlc$: C InAjvtLL 4.- .4-. rY-f. -S$q l '~30,2 Rev. e-w PrlnltlC ill U.SA -....----.- .',_._- --- . '" .. -"...,--.------ ........--- ---~ B3 ~.. . , {.;I;K....FICATE OF INSURANCE ~'" ..' ,.j . SUCH INSURANCe AS RESPECTS THE INTEiU:ST OF THE CERTIPICATE HOLDeN WILL NOT SE . co. HERWlS ~. WITHOUT GIVING 10 DAYS P~OR WRITTEN NOTICE TO THE CERTlFIC. ATE HOLDER N ED iilE!..OW, aUT l~ Nt THIS CI!R.TIFICA'rE SEVALJD MO~ THAN 30 DA.YS FROM THE OATE WRITTEN. TI..flS OERT'l"ICAre OF INSURANC C . Wets: THe COVERAGE PROVIDED ev ANY POUCY OESCRlElED BELOW. i~.~ at: 181 S'TATE FARM MUiUAL AUTOMOBILE INSURANCE COMPNt/Y of Bloomington, lOinols, or o STATE FARM FlREANO CASUALTY COMFANY Q:f Bloomington, Hlb,ois has coverage In force for the follQWjng Named I nsured as shown below ; Nsrrned insured ADVANCED LAWN & LANDSCAPING _ Address of Named Insured 29B SABAL PALM RD NAPLES, FL 34114 : POUCYNUMBER 741.t2G2-rJ2IJ,.$ 751-1711-812-5& 153-229HZZ.5!l I i'62.J53D-019-59 EFFECTIVE MTE OF 11112t1103 TO 04.120104 02/'12104 TO 0&112104 12mJ1J3 TO Oi/22/04 '0119/03 TO O~19J04 POLICY 200D GII:; - 1993 BAfC C1SOO 2000 GMC C151lll 2081 ~..C C35DII DESCRIPTION OF' 1GDHCS3JS'r'F500611l 1Gnx:1Q2Pe~&g2 1GlEC14WaY!3013D8 1G~21F'f12S52 VEHICLE 1../AB1LJi'V COVERAGE YES DNO yes DNO NO U/WTS OF l..I.A.BlUTV J 1- a. Boelity Injury Saeh PeI3Cn I a. Sociil)' Injury !:ac:l\ AccidCnt b. Pl'Qperty Dama~ a. BodWy Inju~' 8. Propelty Damage $1.000,000.00 $1.000,000,00 81,000,000.00 $1,000,000.00 SirQle Umlt Each Accident PHYSICAL OAMAGE Y5S DNO YES NO COVERAGlES $0.00 Deductible iQ.Qg Deductible a. Com rehens/V!:!! ~YES NO I81VES DNO b. Col/i$iCm ~ Deduc:tible $250.00 DE!ductible I OYl!S I&'lNO DYES fg!No Dyes l8lNO I DYES ~NO YES r8lNO YES rElNO / YES 0NO = - ~." I ~ AGFNT fiR-?7fi? ?t?71f'W, Slgna~ Autho~ea Reprooentative Title Agent's Code Number Date Name and Addresa Of Certificate Holder Name and Address of AQMt _ r j r- COLLIER COUNTY BOARD OF TED K BURKHARDT COMMISSIONERS STATE FARM INSURANCE 3301 E TAMIAMI TRAIL 4280 E TAMfAMI TRA.IL #302 NA~'lES, FL 34112 NAPLES, FL 34112 L -..lL _ ------- ---------.......---......-... Check if a permanent Certificate of Insurance for liability coverage is needed: r8I Check if the Certfficate Halder should be added as 31'1 AdditiOnaf Inli1u~: f8l --, OfJY1tm.eJ .J. oq-~7 _ ~ ' ;~tl-44:l1C.2 Rev. 5f..94 Ptintl!d In U.S.A, ."--'.'.--,- lQB~'" - vl:.KHFICATc OF INSURANCE . : ,SUCH INSURANCE AS RESPECTS THE INTE~ST OF THE CERTlPICATE HOlJ:l!~ WILL NOT BE CANCEL d.' .. S .' WITHOUT GfVJNG 10 DAYS PRIOR WRlnEN NOTlC! TO THE CSRTIFIC ATE HOLDER NAIIIED BEL.OW, BUT IN NI THIS CI!RTIFICA.'rE 6E VALID MO~ THAN 30 DAYS FFtOM THI; DATE WRITTEN. THIS CERTfI"lCAT'E OF INSURANC C NG~ THE COVERAGE PROVIDED BV A.NY POUCY DESCRlI!IED BELOW. ift~t at: l8! STAll: FARM MUiUAl.AUTOMOBllE INSURANCE COMPN>/Y ofBJoomingtcn,llItnois, or o 6TA TE FARM FIRE AII/O CASUAl.. TY COIIAFlANY of Sloomington, H/lnois has coverage In force for the folllJWing Named Insured as shewn below; Named insured ADVANCED LAWN & LANDSCAPING __ Address of Named Insured 298 SASAI. PAl.M RD NAPLES, FL 34114 - POLICY Ni.lMSER 741.a2G2.D2J).!j$ 751-1711-812-59 753.2295-FZZ.. 762-353o.D19-59 EFFECTIVE DArt; OF 1lN2r11OS TO Q4../2OIO.4 02M2lO4 TO OBf11J04 12/WC3 TO 06122104 10119)03 TO 84/1SJI)J POLICY ZOOD GII: - 1993 GMC C15QO 2000 GIIC C1500 2081 aMC C3500 ~~PTION OF 10DHCWSVF5006rG 1GTDC1Q2PE561fi2 1GT.EC14WJYE381308 1GDJC34U21Ff1235Z UABILIT'l' COVIi;RAGE YES DNO NO NO LIMITS OF LIAS I a. Bodify Injury eam P./8Of'I a. Bodily I n,jury Each Accident b. Pr'Operty Dama~ Q. Bodily Injury 8. Prtn.le/1y OeImage $1,000.000.00 $1.000.000.00 81,000,000..00 $1,OOO,ODO.OO Single Limit Eaoh ^ccidltnt PHYSICAL DAMAGE YES DNO YES NO COVERAC!eS 10.00 Deductible mJlQ Deductible a. Com rehens!\I@ gfVES NO IZIVES DNO II. Colli$iOtl $250.00 Deduc::tibje ~ Deductibl. EM."'lOYER'S NO~ERSHIP Dves ~NO Dves gJNO Dyes I2SlNO DYES r&lNO COVEAAGlE HI~D VERAGE DYES ~o - -<:J ~ ARFI'IT R",,", """"' S1g~ Authorb:ed Repl'e6entative Iltle Agent's Code Numbea' Date Name and Addreu of Certii'i<:4lte Holder Name and Address of ~t _ r i r COLLIER COUNTY BOARD OF TeD K BURKHARDT COMMISSIONERS STATE FARM INSURANCE 3301 E TAM lAM I TRAIL 4280 E TAMfAMI TRAIL #302 NAPL~S, FL 34112 NAPLES, FL M 112 L -1 L _ -- ~~----"--.____o:..._..__._ Che<;:k if a permanent Certificllte of Inluranoe for liability coverage is needed: r8I Check if the Certtflcate Holder should be added as an Addition.' Insured: ~ -!lorn'''''' OIJY'1tr&# .J- OLf-::\.>'t7 _ ~ 1:18-443(1.2 Rev. 11-94 PrinllKlln U.s.A, _._"_...._--,-_.._-~_._> -. ...-.--.----.,,- . .. CERTIFICATE OF INSURANCE 16 B~ . SUCH INSURANCE AS RESPECTS THE INTEREST OF THE CERTIFICATE HOLDER Will NOT BE CANCELED OR ERW . ~ WITHOUT GIVING 10 DAYS PRIOR WRITTEN NanCE TO TIlE CERTIFICATE HOLDER NAMED BELOW, BUT IN THIS CERTIFICATE BE VAUD MORE THAN 30 DAYS FROM THE DATE WRllTEN- THJS CERTIFICATE OF INSURM C ANGE THE COVERAGE PROVIDED BY ANY POLICY DesCRIBED BELOW. ~- ; ~ STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY of Bloomington, Illinois, or o STAlE FARM FIRE AND CASUALTY COMPANY of Bloomington, Illinois has coverage in force for the following Named Insured as shown below: Named Insured ADVANCED LAWN & LANOSCAPING Address of Named Insured 298 SABAL PALM RD NAPLES, FL 34114 POUCY NUMBER OD7-1~ 012-972&-817.59 023-2B07-F13-S9 106-6361-DlJ8.59 EFFECTlVE DAlE OF 12/U9/03 TO 06109104 02117/04 TO 08117/04 12M3I03 TO 0&113104 10108/03 TO 04ID8I04 POUCY 2000 GMC 3500 2003 CHEVROLET 1500 2000 GMC 2500 2001 GMC C2500 DESCRIPTION OF 1GDKC34J8YF496898 2GCEC19V231231489 1GTFCW58YE11D133 1GTGC24U41Z261935 VEHICLE UABILITY COVERAGE ~YES []NO jgIYES DNO [8IVES DNO ~YES DNO UMITS OF LIABILITY a. Bodily Injury Each Person' a. Bodily Injury Each Accident b. Property Damage Co Badily Injury & Property Damage $1.000.000.00 $1,000,000.00 $1,000.000,00 $1,000,000.00 Single Umit Each Accident PHYSICAL DAMAGE 181 YES DNO I8IYES DNO I8IYES DNO . [8JYES DNO COVERAGES ~ Decluctible IQ.QQ Deductible ~ Deductible E.QQ Deductible a. ComDrehel'lsive 181 YES UNO f8]VES DNO r8'1YES DNO I8lYES DNO b. Collision $250.00 Deductible $2SO.00 Deductible $250.00 Deductible $250.00 Deductible EMPLOYER'S NON-OWNERSHIP DYES 18I NO DYES I8INo DYES jgJNO DYES I8INO COVERAGE HIRED CAR COVERAGE DYES I8INO DYES I'8lNO DYES I8INO DYES l8JNO .' ~~" AGENT l:i9-2752 2127J04 S'i6nature of Authorized Representative Title Agent's Code Number Date Name and Address of Certificate Holder Name and Address of Agent - I ---, I COLLIER COUNTY BOARD OF -TED K BURKHARDT COMMISSIONERS STATE FARM INSURANCE 3301 E TAMIAMI TRAIL 4280 E TAMIAMI TRAIL #302 . NAPLES, Fl34112 NAPLES, Fl 34112 L ~ L - --- CheCk if a permanent Certificate of Insurance for liability coverage is needed: [81 Check if the Certificate Holder should be added as an Addilionallnsured: 181 Remarks: Q lJY\fro..oJ- ~ D4-3rq7 , SS.44Sa.2 Fl.ev. 9-94 Printed In U.S.A. ~.,.-".__..._-,._-~--"---_.~---- .------ . "'..n.llrn..." I C Vi l....au~"...Gc 1 6 B 3 SUCH INSURANCE AS ~PECTS THE INTEREST OF THE CERTIFICATE HOLDER WILL NOT Bf! CANCELED OR OTHERWrS . WJTIjOUT GIVING '0 CAVIl PRIOR WRl~ NonCE 10 THO CERTlFlCA....HOLDER NAMED BELOW, BUT IN . THIS CERTIFICATE BE VALID MORE THAN'O DAYS FROM THE DATE WRITTEN. THIS CERTIFICATE OF INSURANC C AlIIGe THE COVERAGE PROVIDED BY ANY POLICY DESCRIBED eeLOW. . ~M7W! at: t8I STATE FARM MUTUAl. AUTOMoBILE INSURANCe COMPANY of Bloomington, Illinois, or o STATE FARM FIRE AND CASUAl.. TY' COMPANY of Bloomington, Illinoilll has awerage In force fOr the i:lllQwiJlg Named Insured al shown below : Named Ins......d ADVANCED LAWN & I.A.NDSCAPING Address of N.mect Insured 298 SABAL PALM RO NAPLES, A.. 34114 POLICY NUMBER llOM~ 012-872&-811'<>> O~2a07-F13..s9 f lJG.636'1.DOa.59 EFFECT!\'! !:lATE Of '1210MB TO 08t09I04 1W1T1U4 TO DIf11104 12113m TO 06/13104 111I08103 TO 04IDBr04 POUCY 2llOO GMC 3500 JUGa CHEVRa.ET 1501 2000 GMt 25IIC 2001 GMC C2500 DESCRlP110N OF 1GDKC34J8YF49st9ll 2GC!C1t'i231231489 1GTFCm'SlYE1 t D133 fGTGC24U41Z2i1935 VEHICLE LIABILITY COVERAGE NO ~Yes NO UMfTSOFLIA8IUTY a. Bodily Injury e.dl Penson' Ii. Bocitt Inju ry EsdI Accident b. P'roperty Damaga c. Bodily In UJy . ~tty Damage $1,000,000.00 $1,000,000.00 $1,000,000.00 $1,000,000.00 Single Limit Ear;n 'nt PHYSI DAMAGE YES NO COVERAGes &00 Deductible 8. I'lIh@l'ISive !;gIYES ONO b. CoIU$:i(ln $250.00 Deductible EMPLOYER'S NON~WNERSH1P OY!S gjNO (]v!! I8lNO OY~S r&'INO DYES tiS;'lNO COVERAGiE H VERAGE YES IXINO AGENT SE;-2752 2/27/04 Title Agent's Code Number Date Name and Address of Certifieate Holder Name .nd Adclr.se of Agent - I I I COLLIER COUNTY BOAR.D OF' 'TED K BURKHARDT COMMISSIONERS STATE FARM INSURANCE 3301 E TAMlAMI TRAIL 4260 E TAMIAMI TRAJl #302. NAPLES. Fl34112 NAPLES, Fl34'l12 L ~ L - - ~ ------ Check if Sl permanent CertiflClllte of Insurance klr lia!)lity (;Overage is needed: f8I Check if the Certificate Holder should be added as an AdditiQn;illlnSUflld; ~ Rem;ll'ks: (I DY\trv.N * 04-3\"07 '~411D.:Z lItel/, 5l.ril4 Printed in U.SA ", .-.- ..,_.,.,-",~...- _~...___._w._ ~_. _.~~- ~6...B.! ......n. . .1 IV,.. I" '-'r II'tGUf'U'\J'I\"C :. .... ..SUCH INSURANCE AS RESPECTS THE fNTER.EST OF TH! CERTIFICATE HOLD!!1lt WILL NOT BE . ......,. WIS tEWlTHOUT GIVING 10 DAYS.PAlOR WRITTEN NonCE TO IHI:. eM. T1FICATE HOLOER NAMeD BELOW, SUT IN N' . THIS CERTIFICATe BE VAUD MORE THAN 30 DAYS FROM tfiE DATE WRmEN. THIS CERTIFICATE: OF INSURANC C HOE THE COVERAGE PROVIOED BY ANY POLICY DESCRIBEO BELOW. T i$~( t: DSl STATe FARM MUTUAL AUTOMOBILE INSURANCE COMPANY of Elloomington, IUfnois, or Cl STATE: FARM FIRE AND CASUALTY COMPANY of 8lCKlmington, IIlnoi; has C:O\lllll1lQe in force for the following Named Insured as shown below: Named Insured ADWl,NCeD LAWN & LANDSCAPiNG Address of Named lnS1lJted 2e6 SABAL PALM RD NAPLES. FL 34114 _ PO!.ICV NUlIIBl!R G11.S67!l-At1-69 G35-.t181.!:2O-S9 G37-3441-C2H9 006-93eAD1-59 EFFECTIVe DATE OF 01J01104 TO 071~1J04 11J2O/13 TO 0SJ20104 0912 3 TO 0312610.4 ,"/OtlO4 TO 07101104 F'OUCy 2GCI1 GM CC3S00 199& GMC SAVANA 2003 CHl!VROLET C1l1DO 1999 GMC C3500 j'GDJC33U71F12U74 1GT1=G25W4X105t144 10CEC14X03Z111Oi43 1GDJC34RQXF054884 l81Yes NO NO NO $1,ooo,oao.oO $1,000,000.00 $1.oo0,ooD.00 $1,000,000.00 YES NO YES NO JQllQ Deductible .%Q"QQ Deductible !8IYES NO r.&1YES DNa b. Cofli$ion $250.00 Deduetible 5250.00 DeduCtible EM R'S NO~ERSHIP DYES ~NO DYES l8:INO OVES ~o DVES f8]NQ COVERAGE __ HIRED CAR COVERAGE YES jgINO DVES NO YES t81NO AGENT 59-275:2 2/27/04 Signature of Authorized R"pre.$entaltive TltJe Agent's Code Number Date Name liind Addrese of Certificate Holder Name end Addres$ of AgentI I r - COLLIER COUNTY BOARD OF TED K BURKHARDT COMMISSIONERS STATE FARM INSURANCE 3301 E TAMIAMI TRAIL 7385 RADIO ROAD #1048 NAPLES, FL 34112 NAPLES, FL 34104 L ~ L _ ----- --..----.--...........-- Check if a permanent Certificate of Insurance for liability coverage Is needed: ~ Ch"'ck If tha Certificatet Holder should be added aG an Additional Insured: lm R~marks: C-~ -4- (J../ - ~\q-l ~G&-4430.2 Rolf_ 9-IW Prinled in U,S.A. .."-~ "---~-"--_."--_.__.-,,._--_.- SUCH INSURANCE AS IlE!IPEeTS 1ME INnm~' (j,;TIii; Ce;m':,;;';;.o';;ii.,,,!:; WILL NOT BE ~ BL E WTrHOI1T "MN" 1p ""'" PRIOR WHITTEN NOTICE 'It) THE CERnFICATE HOUll;R NAMED lIELOW, BUT IN N THIS CEftnflCATE'1!IE VALID MORE THAN '0 DAYS FROM THE DATE WRITTEN. THIS CERTIFICATE OF INSURANC ANaE tHE COVeRAGE PROVIDeD BY ANT POLICY OESCftISl!D BELOW. . .', 18I STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY of Bloomington. IIlfmj!s, or . 0 STATE FARM FIREANO CASUALTY COM~ANY of BlCloml1'l9lOt11, IDlnc$ Me. coverage in force for the following Named 1I'\SUred 8$ shoWl'l below : Named InsUred ADVANCED LAWN & LANDSCAPING - Addr'1!!lQ of Named Irw.Ullld 298 SABAL F'ALM RD NAPLES, FL. 34114- POWCY NUMBER GOO-C841.lXO-S9 GI4-OO26-C02.511 G04-0027.CQ2.59 GG+2658-B27-59 ... 1lW03103 TO' CWOSlD4 09103103 TO 09/03/04 09D'03 TO 08127103 TO C/8f271l)4 POl./CY 1* GIIC C1500 2003 GMe C1500 2003 CHEVROLET S50CI OIlP , 2001 GMC C3500 DESCRFTION OF 1GTEC1.tW2~S2B6 1GCEC14X63Z1693t8 1G1JC34U73E2OC18li4 tGDJC34U61F1111133 VEHiCLe , LIABILITY COVERAGE ves NO yes NO UM OF LlABlJTY .. BodLly Inju~ ~ EadI Parson! - a. Bodiy Injury Each Accident b. Property Damsge e. BOCIIIy injury &. I property c.nage $1,000.000.DO $1.000.000.001 I $1,000....... Single Limit Each AccicI~ PHYSICAL DAMAGE f.8I'(.E$ DNO COVERAGES m.oo Deductible a. Comprehensive y~S DNO b. Collision $250.00 Der;!uctiI;Jie EMPLOYER'S /:2;'lNO NON-QIMojERSHJ~ DVES lZINO OV!S 2iNo DYES ~NO DYES COVERAGE HIRED CAR COVERAGE NO OY;S ~NO ------uYEs I&lNO AGENT 59-2752 2127/04 Title: Agl!ll'lt's Code Number Date Name ilnd Addl'e$S of Certi1icate Holder I Nillmer and Address of Agent I I COLLIER COUNTY BOARD OF TED K BURKHARDT COMMISSIONERS STATE FARM INSURANCE 3301 E TAM/AMI TRAIL 7365 RADIO ROAP #1 O4B NAPLES. FL 34112 NAPLES, FL ~,1 04 L -1 L ~ .- - .-....---.--......---- ..-.----- Check If a parmanent CerUnc:ate of losU'IOlInce for liability coverage fs needett 181 I Check ffthe Certifi~e Holder should be added B8 an Additional Insured: 181 Remarks: Confrl.l.Q::\- ~ a.t - 3S'i '1 I I I I I , "'.. .. 158-40430.2 Ray. 8~ PriMEd in U.SA. _._-'--_.....~.~.,-" ,~,. '"'---,- .. . . CERTIFICATE OF INSURANCE '1 f' a~' : SUCH. INSURANCE AS RESPECTS THE INTEREST OF THE CERTIFICATE HOLDER WILL NOT BE CANOEL~ ERW WITHOUT GIVING 10 DAYS PRIOR WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED BELOW. BUT IN . THIS CERTIFICATE BE VAUD'MORE THAN 30 DAYS FROM THE DATE WRITTEN. THIS CERTIFICATE OF INSURAJ\ C NGE THE COVERAGE PROVIDED BY ANY POLICY DESCRIBED BELOW. i!!tI~~ at: C!SI STATE FARM MUTUALAUTOMOBILE INSURANCe COMPANY of Bloomingtan, Illinois. or o STATE FA~ FlIRE AND CASUAL TV COMPANY of Bloomington, Illinois has coverage in force for the following Named Insured as shown below ; Named Insured ADVANCED LAWN & LANDSCAPING Address of Named Insured 298 SABAL PALM RD NAPLES. FL 34114 POUCY NUMBeR 16s-3179-D1s.59 EFFECTIVE DATE OF 10113/03 TO lW131D4 POUCY 2001 GMC C3500 DESCRIPTION OF 1GDJC34U51F111518 VEHICLE UABIUTY COVERAGE rgjYES DNO I8lYES ONO I8JYES ONO ~YES DNO LIMITS OF LlABIUTY a. Bodily Injury Each Person a. Bodily Injury Each Accident b. Property Damage c. Bodily Injury & Pmperty Damage $1.000,000.00 Single Limit Each Accident PHYSICAL DAMAGE ~YES ONO DYES oNO DYES DNO DYES DNO COVERAGES ~ Deductible --..:.. Deductible Deductible _ Deductible a. ComDrehensive - ~YES ONO DYES DNO DYES ONO DyES DNO b. Collision $250.00 Deductible Deductible Deductible _ Deductible EMPLOYER'S NON-OWNERSHIP DYES ~NO DYES ONO Dyes DNO DYES DNa COVERAGE .0-" HIRED CAR COVERAGE D~No DYES DNO DyES DNO DYES UNO ~-_/ ..;1 ./ AGENT 59-2752 2127/04 Sigr\'atuW' Autho~ed Represenlative TrUe Agent's Code Number Date Name and Address of Certificate Holder Name and Address of Agent - I I I COLUER COUNTY BOARD OF TED K BURKHARDT COMMISSIONERS STATE FARM INSURANCE 3301 E TAM lAM I TRAIL 7385 RADIO ROAD #1048 NAPLES. FL 34112 NAPLES, FL 34104 L -1 L - Check if a permanent Certificate of Insurance for liability ooverage is needed: [8J Check if the Certificate Holder should be added as an Additional Insured: f8I Remarks: C INdYa-C)'" ..4 M -3S"1'l" 158-4430.2 Rev, 9-94 Prinlad In U.SA -..--'- .--......-.-..-.... ..,-',._- CERTIFICATE OF INSURANCE 16fj~ ,SUCH INSURANCE AS RESPECTS THE INTEREST OF THE CERrlFICATE HOLDER WILL NOT BE CANCELED OR OTHER\ftj WITHOUT GIVING 10 DAYS PRIOR WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED BELOW, BUT IN THIS CERTIFICATE BE VAUD MORE THAN 30 DAYS FROM THE DATE WRITTEN. THIS CERTIFICATE OF INSURM NGE THE COVERAGE PROVIDED BY ANY POUCY DESCRIBED BELOW. C!!:I STATE FARM MUTUAL AUTOMOBILE INSURANCE; COMPANY of Bloomington, Illinois, or o STATE FARM FIRE AND CASUALTY COMPANY of Bloomington, Illinois has coverage in force for the following Named Insured as shown below: NClmed Insured ADVANCED LAWN & LANDSCAPING Address of Named Insured 298 SABAt PALM RD NAPLES, FL 34114 POUCY NUMBER 741-&202-020-59 751-1711-812..sg 753-2295-F22.59 7&2.3530-019-.59 EFFECTIVE DATE OF 10120103 TO 04120/04 02/12/04 TO 08112/04 12/22/03 TO 06122104 10/19103 TO 04119/04 POUCV 2000 GMC 3500 1993 GMt C1500 2000 GMC C1500 2001 GMC C3500 DESCRIPTION OF 1GDHC33JSYF500670 1GTDC14Z2PE561692 1G1l9C14VV8YE3013D8 1GDJC34U21F112352 VEHICLE UABIUlY COVERAGE I81VES DNO I5<'IYES ONO I81vES DNO I81vEs DNO UlWIlTS OF LIABILITY Ci. Bodily Injury each Pe~on a. Bodily Injury Each Aa::ld9nt b. Property Damage c. Bodily Injury 5 Properly Damage $1,000,000.00 $1,000,000.00 $1,000.000.00 $1,000,000.00 Single Limit Each Accident PHYSICAL DAMAGE l8lVES DNO l81yES DNO I8IYES UNO I8lYES DNO COVERAGES JQ..QQ Deductible m"QQ Deductible mJ!Q Deductible JQ.QQ Deductible a. ComDrehensive I81YES DNO l8IVES . DNO ~ES DNO I8lVES DNO b. CoUiston $250.00 Deduetible $250.00 Deductible 5250.00 Deductible ~50.00 Deductible EMPLOYER'S f81NO I NON-OWNERSHIP Dyes 181 NO DYES DYES 181 NO DYES I8INO COVERAGE HIRED CAR COVERAGE DYES 181 NO Dves 181 NO DYES IZINO DYES I81NO -~ AGENT 59-2752 2127104 ~ Agent's Code Number Date Signature of Authorized Representative Title Name and Address of Certificate Holder Name and Address of Agent - I I I COLLIER COUNTY BOARD OF TED K BURKHARDT COMMISSIONERS STATE FARM INSURANCE 3301 E TAMIAMI TRAIL 4280 E TAMIAMI TRAIL #302 NAPLES, FL 34112 NAPLES, FL 34112 L -.l L - Check if a pennanent Certificate of Insurance for liability coverage is needed: 181 Check IT the CertifICate Holder should be added as an Additional Insured: 181 Remarks: Qm'I frecej. ..J.. OY-3s-t17 158-4430.2 Rev, 8-94 F>rinted in U-SA <.-..<- ~--._- - - '. . CERTIFICATE Of INSURANCE ~~al . sucH' INSURANCE AS RESPECTS THE INTEREST OF THE CERnFfCATE HOLDER WlU. NOT BE C ... Em WITHOUT GMNG 10 DAYS PRJOR WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED BELOW, BUT IIli . . THIS CERTIFICATE BE VALID MORE THAN 3D DAYS FROM THE DATE WRfITEN. THIS CERTIFICATE OF INSURA o C ANGE THE COVERAGE PROVIDED BY ANY POUCY DESCRIBED BELOW_ is~. 181 STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY of Bloomington, Illinois, or o STATE FARM FIRE AND CASUAL TV COMPANY of Bloomington, Illinois has coverage in force for the following Named Insured as shown below ; Named Insured ADVANCED LAWN & LANDSCAPING Address of Named Insured 298 SABAL PALM RD NAPLES, Fl 34114 POUCY NUMBER G11-9519-AD1.59 G35-4181-E20-59 G37 -3441-C26-59 006-9348-Al11-59 EFFECTIVE DAlE OF 01101104 TO 01/01/04 11/20103 TO 05120104 09126/03 TO 03126104 01101/04 TO 01101/04 POUCV 2001 GM CC3500 1999 GMC SAVANA 2003 CHEVROLET C1500 1999 GMC C35DO DESCRIPTION OF 1 GDJC33UT1F126474 1GiFGZ5W4X1 050144 1GCEC14X03Z180543 1GDJC34ROXF054584 VEHICLE LIABILITY COVERAGE l8IYES ONO l8IYES DNO I8lYES DNO I8lYES oNO UMITS OF LlABIUTY a. Bodily InjuJy Each Person a_ Bodily Injury Each Accident b_ Property Damage c. Bodily Injury & Property Damage $1,000,000.00 $1,000,000.00 $1,OOO,OOD.00 $1.000.000.00 Single Umit Each Aceident PHYSICAL DAMAGE I8lVES ONO I8lYES ONO C81YES ONO I8lYES UNO COVERAGES E.QQ Deductible 50.00 Deductible IQ.OO Deductible 50.00 Deductible a. Comprehensive b. Collision jgIYES qNO ~YES .DNO ~YES UNO ~ ~YES oNO $250.00 Deductible $250.00 Deductible $250.00 Deductible $250.00 Deduclible EMPLOYER'S NON-OWNERSHIP DYES l8INO DYES !;gINO DYES t81NO DYES I8INO COVERAGl; HIRED CAR COVERAGE DYES I8INO DyES I8INO DyES f81NO []YES l8INO ~~ AGENT 59-2752 2/27/04 w Signature of Authorized Representative Title Agent's Code Number Date Name and Address of Certificate Holder Name and Address of Agent - r- I I COLLIER COUNTY BOARD OF TED K BURKHARDT COMMISSIONERS STATE FARM INSURANCE 3301 E TAMIAMI TRAIL 7385 RADIO ROAD #1048 NAPLES, Fl 34112 NAPLES, FL 34104 L ~ L - Check if a permanent Certifrcate of Insurance for liability coverage is needed: l8:l Check if the Certificate Holder should be added as an Additional Insured: 181 Remarks: c.~ ..:if- D1 - ::,sQ1 15~0.2 Rev. 9-94 Primsd in U.S.A . ._'-~.._._..,- ..-------- -- _e__,....._, . . CERTIFICATE OF INSURANCE 16 8 3 ' SUCH"' INSURANCE AS RESPECTS THE INTEREST OF THE CERTIFICATE HOLDER WILL NOT BE CANCELED OR OTHEfN " E WITHOUT GIVING 10 DAYS PRIOR WRITTEN NonCE TO THE CERTlRCATE HOLDER NAMED BELOW, BUT IN . THIS CERTIFICATE BE VAUD MORE THAN 30 DAYS FROM THE DATE WRITTEN. THIS CERTIFICATE OF INSURAI C ANGE THE COVERAGE PROVIDED BY ANY POLICY DESCRIBED BELOW. i~ t: 121 STATE FARM MUTUAL. AUTOMOBILE INSURANCE COMPANY of Bloomington. Illinois. or D STATE FARM FIRE AND CASUAL TV COMPANY of Bloominglcn. Illinois has coverage in force for the following Named Insured as shown below; Named Insured ADVANCED LAWN & LANDSCAPING Address of Name<1lnsured 298 SABAL PALM RD NAPLES, FL 34114 POLICY NUMBER GOlJo4641-D03-59 G04-0026-C02..s9 GD4-0021-C02.59 G04-2658-827 -59 EFFECTIVE OATE OF 10103103 TO 04/U3I04 09/03103 TO 09/03/04 0910.7103 TO D9/02JD4 08127/03 TO U8J27104 POLICY 1998 GMC C15UO 2003 GMC C1500 2003 CHEVROLET 3500 DMP 2001 GMC C3S00 DESCRIPTION OF 1GTEC14W2WZ553285 1 GCEC14X63Z169398 1GBJC34U73E2D0864 1GDJC34U61F111933 VEHICLE LIABILITY COVERAGE I8lYES ONO fg!YE5 ONO ~YES DNO ~YES ONO LIMITS OF LIABILITY a. Bodily Injury Each PelSOn a. BodDy Injury Each Accident b, Property Damage c. Bodily Injury & Property Damage $1,OOO,OOQ.00 $1,000,000.00 S1,OOO,OOO.00 $1,OOO,OOQ.oo Single Limit Each Accident PHYSICAL OAMAGe I8lYEs DNO ~YES DNO I8IVES DNO IZlYES DNO COVERAGES SO.OO Deductible IQ.Q.Q Deductible $0.00 Deductible $0.00 Deductible 8. Comprehensive ~YES DNO t&1YES DNO I8IVES ONO l8IYES ONO b. Collision 31250.00 Deductible $250.00 Deductible $250.00 Deductible $ZSO.OO Deductible EMPLOYER'S NON..QWNERSHIP DYES ~NO DYES 181 NO DYES l8INO DYES I8INo COVERAGE HIRED CAR COVERAGE DYe~I8lNo DYES ~NO DYES ~NO UYES ~NO ~~ AGENT 59-2752 2fl.7/04 'Signa~of Authorized Representative Title Agent's Code Number Date Name and Address of Certificate Holder Name and Address of Agent ~ ,-- I ,- COLLIER COUNlY BOARD OF TED K BURKHARDT COMMISSIONERS STATE FARM INSURANCE 3301 E TAMIAMI TRAIL 7385 RADIO ROAD #1048 NAPLES, FL 34112 NAPLES, FL 34104 L ~ L - Check if a permanent Certificate of Insurance for liability coverage is needed: f8I Check if the Certificate Holder should be <lidded as an Additional Insured: t&1 Remarks; COyrfy~ -tt- ()..f: - 2:SCf 'l 158-4430.2 Rev. 13.94 Prlmea in U.S.A. -'~',-~-_.~._-.,_._,. --- 168\4 ... .~ MEMORANDUM Date: March 15, 2004 To: Kelsey Ward, Senior Purchasing Agent Purchasing Department Administrative Services Division From: Ann Jennejohn, Deputy Clerk Minutes & Records Department Re: Consultant Services for the Update of the Collier County Comprehensive Pathway Plan Enclosed please find three originals for the document as referenced above, approved by the Board of County Commissioners on February 24, 2004, (Agenda Item #16B4) . Kindly forward the documents to the appropriate parties for their records. The Finance Department and Minutes & Records Department have their copies. If you should have any questions, please contact me at: 732-2646, ext. 7240. Thank you. Enclosures (3) --'-- ---.'~"--;'.","- -.- 1684 . ..~ MEMORANDUM DATE RECEIVED MAR 1 2 2004 TO: Sheree Mediavilla RISK MANAGEMENT Risk Management Department FROM: Kelsey Ward, Senior Purchasing & Contracts Act \ Purchasing Department ~ A DV~ DATE: March 11,2004 '() 1j ,'V ~fr" RE: Review of Insurance for Contract No. 03-3559; Consultant Services for the Update of the Collier County Comprehensive Pathway Plan Sprinkle Consulting, Inc.; Contractor This Contract was approved by the 8CC on February 24, 2004; Agenda Item 16(8)(4). Please review the Insurance Certificate in this Agreement for the above-referenced contract. If everything is acceptable, please forward to the County Attorney for further review and approval. Also will you advise me when it has been forwarded. Thank you. If you have any questions, please contact me at extension 8949. /. JPclo1Lr~t1~ /~ ~ O-AL ,llfQ ~ i~ .vU ~ ~[/J' ~4 lki ~r ~ . ~ ;tlu ~ ~ t~ /iZ cN'l, ~\tW .XfUJ.( \~ ~Af'Vv 0 ~< C: Tom T omenin; Attemative Transportation Modes ,<::i .~~ ----.,---...-.---- -~." -"-----~ - ,~,~,,,."_.- _..~.,._-,_.,._..._._- ITEM NO.: ~,\ .raTEW RSeEIVED: \~OUNTY ATTORNE'{ 1 6B.4- ..;/I FILE NO.: 04 - fJRc - ooo~3 ROUTED TO: to"12 PM 1:21 DO NOT WRITE ABOVE THIS LINE REQUEST FOR LEGAL SERVICES Date: March 11, 2004 To: Office of the County AtlOme1e1' ~ '} ~$ /()'1 Attention: Scott Teach ------~ From: Kelsey Ward, Senior Purchasing & Contracts Agent Purchasing Department, Extension 8949 Administrative Services Division Re: Contract No. 03-3559 "Consultant Services for the Update of the Collier County Comprehensive Pathway Plan" Sprinkle Consulting, Inc.; Contractor BACKGROUND OF REQUEST: This Contract was approved by the BCC on February 24, 2004; Agenda Item 16(B)(4). This item has not been previously submitted. ACTION REQUESTED: Contract review and approval. OTHER COMMENTS: Scott, This is a standard contract with no changes. Please forward to BCC for signature after approval. If there are any questions concerning the document, please contact me. Purchasing would appreciate notification when the documents exit your office. Thank you. C: Tom Tomerlin, Alternative Transportation Modes _w..._.~_"_ 16B"~ .f ~ Contract 03-3559 "Consultant Services for the Update of the Collier County Comprehensive Pathway Plan" PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT is made and entered into this _ day of 2004, by and between the Board of County Commissioners for Collier County, Florida, a political subdivision of the State of Florida (hereinafter referred to as the "COUNTY' or "OWNER") and Sprinkle Consulting, Inc., authorized to do business in the State of Florida, whose business address is 18115 U.S. Hwy 41 N., Suite 600, Lutz, FL 33549 (hereinafter referred to as the "CONSULTANT"). WIT N E SSE T H: WHEREAS, the OWNER desires to obtain the professional services of the CONSUL TANT concerning Update of the Collier County Comprehensive Pathway Plan (hereinafter referred to as the "Project"), said services being more fully described in Schedule A, "Scope of Services", which is attached hereto and incorporated herein; and WHEREAS, the CONSULTANT has submitted a proposal for provision of those services; and WHEREAS, the CONSULTANT represents that it has expertise in the type of professional services that will be required for the Project. NOW, THEREFORE, in consideration of the mutual covenants and provisions contai herein, the parties hereto agree as follows: Item # I~ Agenda ~4 Date ~::d 3-15 -t)~ _.~...,,,-,-,_.. ..".-~.._,.. "- -'~"---'~- "'...."""_.._--_...~_.-._..,-'. 1684 .~ ~ ARTICLE ONE CONSULTANT'S RESPONSIBILITY 1.1. CONSULTANT shall provide to OWNER professional services in all phases of the Project to which this Agreement applies. 1.2. The Basic Services to be performed by CONSULTANT hereunder are set forth in the Scope of Services described in detail in Schedule A. The total compensation to be paid CONSULTANT by the OWNER for all Basic Services is set forth in Article Five and Schedule B, "Basis of Compensation", which is attached hereto and incorporated herein. 1.3. The CONSULTANT agrees to obtain and maintain throughout the period of this Agreement all such licenses as are required to do business in the State of Florida and in Collier County, Florida, including, but not limited to, all licenses required by the respective state boards and other governmental agencies responsible for regulating and licensing the professional services to be provided and performed by the CONSULTANT pursuant to this Agreement. 1.4. The CONSULTANT agrees that, when the services to be provided hereunder relate to a professional service which, under Florida Statutes, requires a license, certificate of authorization or other form of legal entitlement to practice such services, it shall employ and/or retain only qualified personnel to provide such services to owner. 1.5. CONSUL TANT agrees to employ and designate, in writing, within five (5) calendar days after receiving its Notice to Proceed, a qualified licensed professional to serve as the CONSULTANT's project manager (hereinafter referred to as the "Project Manager"). The Project Manager shall be authorized and responsible to act on behalf of the CONSUL T ANT with respect to directing, coordinating and administering all aspects of the services to be provided and performed under this Agreement. Within five (5) calendar days from the Notice to 2 .~,,-----,-~-~_. - -~.._- ~w.~,.~._,"--- "N.n__."_'_"_",_,,_ .-----.....-. Proceed issued by the OWNER to the CONSULTANT, the CONSULTANT shJdQvBt~he OWNER a written statement, executed by the proper officers of the CONSULTANT, acknowledging that the Project Manager shall have full authority to bind and obligate the CONSUL T ANT on all matters arising out of or relating to this Agreement. The CONSUL T ANT agrees that the Project Manager shall devote whatever time is required to satisfactorily manage the services to be provided and performed by the CONSULTANT hereunder. The person selected by the CONSULTANT to serve as the Project Manager shall be subject to the prior approval and acceptance of the OWNER. 1.6. CONSULTANT agrees, within fourteen (14) calendar days of receipt of a written request to do such from the OWNER, to promptly remove and replace the Project Manager, or any other personnel employed or retained by the CONSULTANT, or any subconsultants or subcontractors or any personnel of any such subconsultants or subcontractors engaged by the CONSULTANT to provide and perform services or work pursuant to the requirements of this Agreement, whom the OWNER shall request in writing to be removed, which request may be made by the OWNER with or without stating its cause to CONSULTANT. 1.7. The CONSULTANT has represented to the OWNER that it has expertise in the type of professional services that will be performed pursuant to this Agreement. The CONSULTANT agrees that all services to be provided by CONSUL T ANT pursuant to this Agreement shall be subject to the OWNER's review and approval and shall be in accordance with the generally accepted standards of professional practice in the State of Florida, as well as in accordance with all published laws, statutes, ordinances, codes, rules, regulations and requirements of any governmental agencies which regulate or have jurisdiction over the Project or the services to be provided and performed by CONSUL T ANT hereunder. In the event of any conflicts in these requirements, the CONSULTANT shall notify the OWNER of such conflict and utilize its best professional judgment to advise OWNER regarding resolution of each such conflict. 1.8. CONSULTANT agrees not to divulge, furnish or make available to any third person, firm or organization, without OWNER's prior written consent, or unless incident to the proper 3 .' .__.,--,.. --"~.~---"..~~~..__."-_. ~ .-.-.. ..- .- "_W'_""_"__ . 1~B4 performance of the CONSUL T ANT's obligations hereunder, or in the course of judicial or legislative proceedings where such information has been properly subpoenaed, any non-public information concerning the services to be rendered by CONSULTANT hereunder, and CONSUL T ANT shall require all of its employees, agents, subconsultants and subcontractors to comply with the provisions of this paragraph. ARTICLE TWO ADDITIONAL SERVICES OF CONSULTANT If authorized in writing by OWNER, CONSULTANT shall furnish or obtain from others Additional Services of the types listed in Article Two herein. These services will be paid for by OWNER as indicated in Article Five and Schedule B. The following services, if not otherwise specified in Schedule A as part of Basic Services, shall be Additional Services: 2.1. Preparation of applications and supporting documents (except those already to be furnished under this Agreement) for private or governmental grants, loans, bond issues or advances in connection with the Project. 2.2. Services resulting from significant changes in the general scope, extent or character of the Project or its design including, but not limited to, changes in size, complexity, OWNER's schedule or character of construction; and revising studies, reports, design documents or Contract Documents previously accepted by OWNER when such revisions are required by changes in laws, rules, regulations, ordinances, codes or orders enacted subsequent to and not reasonably anticipated prior to the preparation of such studies, reports or documents, or are due to any other causes beyond CONSULTANT's control. 2.3 Providing renderings or models for OWNER's use. 4 _M_'__'_ ._'",_____.'~~~__D._',""'"'~__~ ""_,, 2.4 Investigations and studies involving detailed consideration of operations, liQB~<and overhead expenses; the preparation of feasibility studies, cash flow and economic evaluations, rate schedules and appraisals; and evaluating processes available for licensing and assisting OWNER in obtaining process licensing. 2.5. Furnishing services of independent professional associates and consultants for other than the contract services to be provided by CONSUL T ANT hereunder. 2.6. Services during out-of-town travel required of CONSULTANT and directed by OWNER, other than visits to the Project site or OWNER's office. 2.7 Preparation of operating, maintenance and staffing manuals, except as otherwise provided for herein. 2.8. Preparing to serve or serving as a CONSULTANT or witness for OWNER in any litigation, or other legal or administrative proceeding, involving the Project (except for assistance in consultations which are included as part of the Basic Services to be provided herein). 2.9 Additional services rendered by CONSULTANTS in connection with the Project, not otherwise provided for in this Agreement or not customarily furnished in Collier County in accordance with generally accepted Professional Consulting practice. ARTICLE THREE OWNER'S RESPONSIBILITIES 3.1. The OWNER shall designate in writing a project coordinator to act as OWNER's representative with respect to the services to be rendered under this Agreement (hereinafter referred to as the "Project Coordinator"). The Project Coordinator shall have authority to transmit instructions, receive information, interpret and define OWNER's policies and decisions with respect to CONSULTANT's services for the Project. However, the Project Coordinator is not authorized to issue any verbal or written orders or instructions to the CONSULTANT that 5 ,.,.-... -",'--'.""'-.--.. ---~_.,-,.__....._'--~_......._._---"-..~"--.,,_._..,.. . 16B~., would have the effect, or be interpreted to have the effect, of modifying or changing in any way whatever: (a) The scope of services to be provided and performed by the CONSULTANT hereunder; (b) The time the CONSULTANT is obligated to commence and complete all such services; or (c) The amount of compensation the OWNER is obligated or committed to pay the CONSULTANT. 3.2. The Project Coordinator shall: (a) Review and make appropriate recommendations on all requests submitted by the CONSUL T ANT for payment for services and work provided and performed in accordance with this Agreement; (b) Provide all criteria and information requested by CONSULTANT as to OWNER's requirements for the Project, including design objectives and constraints, space, capacity and performance requirements, flexibility and expandability, and any budgetary limitations; (c) Upon request from CONSULTANT, assist CONSULTANT by placing at CONSUL T ANT's disposal all available information In the OWNER'S possession pertinent to the Project, including existing drawings, specifications, shop drawings, product literature, previous reports and any other data relative to the Project (d) Arrange for access to and make all provisions for CONSULTANT to enter the Project site to perform the services to be provided by CONSULTANT under this Agreement; and (e) Provide notice to CONSULTANT of any deficiencies or defects discovered by the OWNER with respect to the services to be rendered by CONSULTANT hereunder. 6 - ___"__'_'_~~_._._"__._"_"~.".._".._M___" "'''-''''---"''''''~_..- -.-----" ARTICLE FOUR 16B4 TIME 4.1. Services to be rendered by CONSULTANT shall be commenced subsequent to the execution of this Agreement upon written Notice to Proceed from OWNER for all or any designated portion of the Project and shall be performed and completed in accordance with the Project Schedule attached hereto and made a part hereof as Schedule C. Time is of the essence with respect to the performance of this Agreement. 4.2. Should CONSULTANT be obstructed or delayed in the prosecution or completion of its services as a result of unforeseeable causes beyond the control of CONSUL T ANT, and not due to its own fault or neglect, including but not restricted to acts of nature or of public enemy, acts of government or of the OWNER, fires, floods, epidemics, quarantine regulations, strikes or lock-outs, then CONSULTANT shall notify OWNER in writing within five (5) working days after commencement of such delay, stating the specific cause or causes thereof, or be deemed to have waived any right which CONSUL T ANT may have had to request a time extension for that specific delay. 4.3. No interruption, interference, inefficiency, suspension or delay in the commencement or progress of CONSULTANT's services from any cause whatsoever, including those for which OWNER may be responsible in whole or in part, shall relieve CONSULTANT of its duty to perform or give rise to any right to damages or additional compensation from OWNER. CONSUL TANT's sole remedy against OWNER will be the right to seek an extension of time to its schedule. This paragraph shall expressly apply to claims for early completion, as well as claims based on late completion. Provided, however, if through no fault or neglect of the CONSULTANT, the services to be provided hereunder by CONSULTANT have not been completed within a maximum period of twelve (12) months of the date hereof, the CONSUL TANT's compensation shall be equitably adjusted, with respect to those services that have not yet been performed, to reflect the incremental increase in costs experienced by 7 , ._"~~....._~., 1684 CONSU L T ANT after expiration of said twelve (12) month period , plus all time extensions granted by OWNER to CONSULTANT. 4.4 Should the CONSUL T ANT fail to commence, provide, perform or complete any of the services to be provided hereunder in a timely manner, in addition to any other rights or remedies available to the OWNER hereunder, the OWNER at its sole discretion and option may withhold any and all payments due and owing to the CONSULTANT until such time as the CONSULTANT resumes performance of its obligations hereunder in such a manner so as to reasonably establish to the OWNER's satisfaction that the CONSULTANT's performance is or will shortly be back on schedule. ARTICLE FIVE COMPENSATION 5.1. Compensation and the manner of payment of such compensation by the OWNER for services rendered hereunder by CONSUL T ANT shall be as prescribed in Schedule B, entitled "Basis of Compensation", which is attached hereto and made a part hereof. ARTICLE SIX OWNERSHIP OF DOCUMENTS 6.1. Upon completion or termination of this Agreement, all records, documents, tracings, plans, specifications, maps, evaluations, reports, computer assisted design or drafting disks and other technical data, prepared or developed by CONSULTANT under this Agreement shall be delivered to and become the property of OWNER. This does not apply to working papers. Said records, documents, tracings, plans, specifications, maps, evaluations, reports, computer disks and other technical data prepared by the CONSULTANT for each project under this Agreement are considered to be instruments of the CONSULTANT'S service. CONSULTANT, at its own expense, may retain copies for its files and internal use 8 . ~,_._." ,-.-,,"-"-"'- -.-'"--.------'".---------.---.--.-- ARTICLE SEVEN 1684- MAINTENANCE OF RECORDS 7.1. CONSULTANT will keep adequate records and supporting documentation which concern or reflect its services hereunder. The records and documentation will be retained by CONSUL TANT for a minimum of five (5) years from (a) the date of termination of this Agreement or (b) the date the Project is completed, whichever is later. OWNER, or any duly authorized agents or representatives of OWNER, shall, free of charge, have the right to audit, inspect and copy all such records and documentation as often as they deem necessary during the period of this Agreement and during the five (5) year period noted above; provided, however, such activity shall be conducted only during normal business hours. ARTICLE EIGHT INDEMNIFICATION 8.1. The CONSULTANT in consideration of $100.00, the sufficiency and receipt of which is acknowledged through the signing of this Agreement shall indemnify and hold OWNER and its officers, employees and agents harmless from and against any and all losses, liabilities, damages, and costs, including, but not limited to, reasonable attorney fees to the extent caused by the negligence, recklessness, or intentional wrongful conduct of the CONSULTANT, its Subconsultants, Subcontractors, agents or employees, arising out of or incidental to the performance of this Agreement or work performed thereunder. The CONSULTANT'S obligation under this paragraph shall not be limited in any way by the agreed upon contract price as shown in this Agreement or the CONSULTANT'S limit of, or lack of, sufficient insurance protection. 8.2. CONSULTANT acknowledges that the general conditions of any contract shall include language, satisfactory to the OWNER's attorney, in which the contractor agrees to hold harmless and to defend OWNER, its agents and employees from all suits and actions, including attorney's fees, and all costs of litigation and judgments of any name and description arising out of or incidental to the performance of the contract or work performed thereunder. 9 ._ .~',"._'_.__M____~'"' ~,...~"'~"'.'. ._._...., ...,~..,.,~,......_...' "'__"~_a'''__~'';,~_",^_____~~_''" ARTICLE NINE 1684"" · INSURANCE 9.1. CONSUL T ANT shall obtain and carry, at all times during its performance under the Contract Documents, insurance of the types and in the amounts set forth in SCHEDULE D to this Agreement. ARTICLE TEN SERVICES BY CONSULTANT'S OWN STAFF 10.1. The services to be performed hereunder shall be performed by CONSULTANT's own staff, unless otherwise authorized in writing by the OWNER. The employment of, contract with, or use of the services of any other person or firm by CONSULTANT, as independent consultant or otherwise, shall be subject to the prior written approval of the OWNER. No provision of this Agreement shall, however, be construed as constituting an agreement between the OWNER and any such other person or firm. Nor shall anything in this Agreement be deemed to give any such party or any third party any claim or right of action against the OWNER beyond such as may then otherwise exist without regard to this Agreement. ARTICLE ELEVEN WAIVER OF CLAIMS 11.1. CONSULTANT's acceptance of final payment shall constitute a full waiver of any and all claims, except for insurance company subrogation claims, by it against OWNER arising out of . this Agreement or otherwise related to the Project, except those previously made in writing and identified by CONSULTANT as unsettled at the time of the final payment. Neither the acceptance of CONSULTANT's services nor payment by OWNER shall be deemed to be a waiver of any of OWNER's rights against CONSULTANT. ARTICLE TWELVE TERMINATION OR SUSPENSION 12.1. CONSULTANT shall be considered in material default of this Agreement and such default will be considered cause for OWNER to terminate this Agreement, in whole or in part, as further set forth in this section, for any of the following reasons: (a) failure to begin work under the 10 Agreement within the times specified under the Notice(s) to Proceed, or (b) faille ~ ~~rIY .. 'li and timely perform the services to be provided hereunder or as directed by OWNER, or (c) the bankruptcy or insolvency or a general assignment for the benefit of creditors by CONSULTANT or by any of CONSULTANT's principals, officers or directors, or (d) failure to obey any laws, ordinances, regulations or other codes of conduct, or (e) failure to perform or abide by the terms or spirit of this Agreement, or (f) for any other just cause. The OWNER may so terminate this Agreement, in whole or in part, by giving the CONSULTANT seven (7) calendar days written notice of the material default. 12.2. If, after notice of termination of this Agreement as provided for in paragraph 12.1 above, it is determined for any reason that CONSULTANT was not in default, or that its default was excusable, or that OWNER otherwise was not entitled to the remedy against CONSULTANT provided for in paragraph 12.1, then the notice of termination given pursuant to paragraph 12.1 shall be deemed to be the notice of termination provided for in paragraph 12.3, below, and CONSULTANT's remedies against OWNER shall be the same as and be limited to those afforded CONSUL T ANT under paragraph 12.3, below. 12.3. OWNER shall have the right to terminate this Agreement, in whole or in part, without cause upon seven (7) calendar days written notice to CONSULTANT. In the event of such termination for convenience, CONSULTANT'S recovery against OWNER shall be limited to that portion of the fee earned through the date of termination, together with any retainage withheld and any costs reasonably incurred by CONSU L T ANT that are directly attributable to the termination, but CONSULTANT shall not be entitled to any other or further recovery against OWNER, including, but not limited to, anticipated fees or profits on work not required to be performed. CONSUL TANT must mitigate all such costs to the greatest extent reasonably possible. 12.4. Upon termination, the CONSULTANT shall deliver to the OWNER all original papers, records, documents, drawings, models, and other material set forth and described in this Agreement, including Section 6.1. 11 ,---~".-------'-". _ ._~m'____~",-,_,_.,______,____, .1;684 12.5. The OWNER shall have the power to suspend all or any portions of the services to be provided by CONSULTANT hereunder upon giving CONSULTANT two (2) calendar days prior written notice of such suspension. If all or any portion of the services to be rendered hereunder are so suspended, the CONSULTANT's sole and exclusive remedy shall be to seek an extension of time to its schedule in accordance with the procedures set forth in Article Four herein. ARTICLE THIRTEEN TRUTH IN NEGOTIATION REPRESENTATIONS 13.1. CONSULTANT warrants that CONSULTANT has not employed or retained any company or person, other than a bona fide employee working solely for CONSULTANT, to solicit or secure this Agreement and that CONSULTANT has not paid or agreed to pay any person, company, corporation, individual or firm, other than a bona fide employee working solely for CONSULTANT, any fee, commission, percentage, gift or any other consideration contingent upon or resulting from the award or making of this Agreement. 13.2. In accordance with provisions of Section 287.055, (5)(a), Florida Statutes, the CONSULTANT agrees to execute the required Truth-In-Negotiation Certificate, attached hereto and incorporated herein as Schedule E, stating that wage rates and other factual unit costs supporting the compensation are accurate, complete and current at the time of the Agreement. The CONSULTANT agrees that the original Agreement price and any additions thereto shall be adjusted to exclude any significant sums by which the OWNER determines the Agreement price was increased due to inaccurate, incomplete, or non-current wage rates and other factual unit costs. All such adjustments shall be made within one (1) year following the end of this Agreement. 12 ---"'-'" ___v..._..____.._._ ~-._-"-~._-_._--..",._-_._.. --- 1 6 84'- i~ ARTICLE FOURTEEN CONFLICT OF INTEREST 14.1. CONSULTANT represents that it presently has no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance of services required hereunder. CONSULTANT further represents that no persons having any such interest shall be employed to perform those services. ARTICLE FIFTEEN MODIFICATION 15.1. No modification or change in this Agreement shall be valid or binding upon either party unless in writing and executed by the party or parties intended to be bound by it. ARTICLE SIXTEEN NOTICES AND ADDRESS OF RECORD 16.1. All notices required or made pursuant to this Agreement to be given by the CONSULTANT to the OWNER shall be in writing and shall be delivered by hand, by fax, or by United States Postal Service Department, first class mail service, postage prepaid, addressed to the following OWNER's address of record: Board of County Commissioners, Collier County Florida Purchasing Department, Purchasing Building 3301 Tamiami Trail East Naples, FI. 34112 Attention: Steve Carnell, Director of Purchasing Fax: 239-732-0844 16.2. All notices required or made pursuant to this Agreement to be given by the OWNER to the CONSULTANT shall be made in writing and shall be delivered by hand, by fax or by the United States Postal Service Department, first class mail service, postage prepaid, addressed to the following CONSULTANT's address of record: Sprinkle Consulting, Inc. 18115 U. S. Hwy 41 N. Suite 600 Lutz, FL 33549 13 --.-. ,---" 1684 , Attn: Bruce Landis " Facsimile: 813-948-1712 16.3. Either party may change its address of record by written notice to the other party given in accordance with requirements of this Article. ARTICLE SEVENTEEN MISCELLANEOUS 17.1. CONSULTANT, in representing OWNER, shall promote the best interest of OWNER and assume towards OWNER a duty of the highest trust, confidence, and fair dealing. 17.2. No modification, waiver, suspension or termination of the Agreement or of any terms thereof shall impair the rights or liabilities of either party. 17.3. This Agreement is not assignable, or otherwise transferable in whole or in part, by CONSUL TANT without the prior written consent of OWNER. 17.4. Waivers by either party of a breach of any provision of this Agreement shall not be deemed to be a waiver of any other breach and shall not be construed to be a modification of the terms of this Agreement. 17.5. The headings of the Articles, Schedules, Parts and Attachments as contained in this Agreement are for the purpose of convenience only and shall not be deemed to expand, limit or change the provisions in such Articles, Schedules, Parts and Attachments. 17.6. This Agreement, initially consisting of 40 numbered pages including the referenced Schedules and Attachments hereto, constitutes the entire agreement between the parties hereto and shall supersede, replace and nullify any and all prior agreements or 14 --_..~,--~--,.._....~-~",,_......~-~,---'---""""" .......- - ,--"_. v_"'" ~ understandings, written or oral, relating to the matter set forth herein, and anl .6S6. - ~ agreements or understanding shall have no force or effect whatever on this Agreement. ARTICLE EIGHTEEN APPLICABLE LAW 18.1. This Agreement shall be governed by the laws, rules, and regulations of the State of Florida, and by such laws, rules and regulations of the United States as made applicable to services funded by the United States government. Any suit or action brought by either party to this Agreement against the other party relating to or arising out of this Agreement must be brought in the appropriate Florida state court in Collier County, Florida. 15 "-,'. ~<,."......,--~...".,._._" 1 6 B'l,. I J( IN WITNESS WHEREOF, the parties hereto have executed this Professional Services Agreement for Consultant Services for the Update of the Collier County Comprehensive Pathway Plan the day and year first written above. "'~~"'\"\\\" BOARD OF COUNTY COMMISSIONERS FOR ATT-E~l:..\r,:> .", 'I _ - ,. \. v /:-'0.',.,,, II _- ...~., .......... "'li~j/ 'I, COLLIER COUNTY, FLORIDA, A POLITICAL - '" .' .'t~ '. ",) II .6~gnii~:'~~k, .qe!tk/!f SUBDIVISION OF THE STATE OF FLORIDA '" ...... '(~\ l',' '," ('I;' "c,),':':.;; '.. I ; '-.J.. .~ ,'(/1 (l' "J .. (,'/ ~ .OC. ,.-.'" '.... I, /. I -' J . ..':"). ~ B~: \.;.La.' '. . " ~' ,-'" ., ~ "~"":",- JI" , '.. --." -- \, ",'" '.....i .. f"" "Q~\ 3~ ~:\~: ~ :' €.. ,. . "A~t'S.t"I. .to. :tI:ll1run. s s fgn.~,", tMl). Approved as to form and I sufficiency: cott Teach Assistant County Attorney Sprinkle Consulting, Inc. ~ By: ~(~ ~ Witness Typed Name and Title (CORPORA TE SEAL) 16 -.'......------- ~ . ""_m","''''''_'' SCHEDULE A 1684 SCOPE OF SERVICES A. Scope of Project The study area for the project is the Collier County Metropolitan Planning Organization's designated Metropolitan Planning Area. This includes unincorporated Collier County, the City of Naples, the City of Marco Island, and Everglades City. The Collier County Comprehensive Pathways Plan (pathways plan) will address the following: 1. Identification of existing federal state and local legislation, policies, and programs that affect bicyclists and pedestrians. 2. Formulation of a Public Involvement Plan and strategy to be used throughout the development of the plan. 3. Identification and inventory of existing bicycle and pedestrian facilities, including opportunities and constraints in the network. 4. Development of a methodology for the analysis of bicycle and pedestrian data. 5. Identification, evaluation, and prioritized ranking of bicycle and pedestrian travel/transportation improvements. 6. Development of pathway standards for public and private development. 7. Development of an implementation process by which the identified goals and objectives of the plan can be obtained. B. Scope of Services Task 1 - Public Involvement Component: The Sprinkle Consulting, Inc. team (Consultant) will develop a public involvement plan (PIP) to be utilized throughout the development of the pathways plan. The Collier County MPO's adopted Public Involvement Plan will be utilized as a basis for the development of the PIP. The Consultant will include the Pathways Advisory Committee (PAC) as a critical component of the public involvement plan. A total of five PAC meetings are budgeted as part of this project. The PIP will address participation by a diversity 17 -'---"'".'--'~''--'-'~---"''-~'..-''-~'''''''--''''~'-'''.__.,---_..~,..,..~_._-_._...."'....'-_...~ of stakeholders including, but not limited to, minority and low income PO!IQo~ g~UPS' recreational users, school children, parents, law enforcement, and school safety officials. The plan will include public involvement procedures that can be implemented following the completion of the pathways plan. Also included in this task will be the work product review process. A technical memorandum (combined with Technical Memorandum #2) outlining the proposed PIP will be distributed to the Client for review. Task 2 - Study Methodology: The Consultant will develop criteria and methodology for the collection and analysis of bicycle and pedestrian data. The Consultant will utilize proven methods that are consistent with Bicycle Level of Service Standards created by the Consultant and endorsed by the Florida Department of Transportation. The Consultant will provide the Client with a technical memorandum documenting the evaluation methodology in a clear, understandable format. At the conclusion of Task 2, PAC meeting #1 will be held to present the PIP and evaluation methodology. Task 3 - Data Collection and Inventory of Existing Conditions: County staff will produce the summary of public documents that may influence the development or implementation of the pathways plan. These documents will include municipal and county plans, legal ordinances, existing funding sources, trails and greenways legislation and programs, and design and safety standards. As part of Task 3, the Consultant will be provided with applicable demographic, socioeconomic, land use, transportation, and comprehensive plan data for the study area. This information will be presented in an easy to understand, graphical format with a corresponding database based on the LRTP network (existing and committed collectors and arterials) by the Collier County MPO 1. Relevant data will include the following: . Existing, committed, and TIP-planned on-road bicycle/pedestrian facilities and trail facilities (all separately distinguished; inventory included in roadway characteristics). . Roadway characteristics (inventory will include LOS and Hazardous Walking Conditions data). 18 _._._~..~..<~ "'_'M'_~_~_"'~ --.------.. ---,---~-----~-".._-_...._. 168.4 . Land use characteristics (shapefiles with locations and labels for street name, parks and schools will be provided by CCMPO). . Socio-econolllic data for MPO (CCMPO will provide TAZ data in GIS compatible format. US Census Journey to Work Data or National Personal Transportation Survey Data may also be used). This data is discussed more fully in Task 4. . Average cost (by jurisdiction) of bicycle/pedestrian facility improvements. The roadways to be included in the study network for this project are defined as collector and arterial roadways for which the MPO conducts travel demand modeling in the Long Range Transportation Plan. In addition to this segmented network, the provided base map will include other data necessary to conduct analyses, convey results to advisory committees and the public, and publish final plan maps. Such data includes surface water features, railroads, interstates, local streets, political jurisdictions, feature labels, and any other features the MPO wishes to portray during this project and in the final document. Only the study network component of the base map (linked to the base by segment 10 numbers as provided above by the CCMPO) will be refined by the Consultant, as needed for Task 4 analyses. The mechanism to receive public comment on Task 3 will be outlined in the approved PIP. Technical Memorandum 3 will be consolidated into Technical Memorandum #4 and presented to the Client in concert with Task 4 activities. Task 4 - Data Analysis: Following data collection activities, the Consultant will perform, using MPO-provided formatted base and study network GIS maps and database, an existing conditions analysis of pathway plan issues such as: gaps (LOS Analysis), neighborhood concerns, schools (the study network roads within two miles of elementary and middle schools will be evaluated for hazardous walking conditions), potential bicycle and pedestrian travel demand with a focus on school access safety, North Golden Gate Estates needs, regional connections, and trail needs. 19 -~"._"~.,-_.,-,"._--'--"'-'-"'~" ,. """~_.""----~".'''''''~'_.'''''~'--'''- ...--~_..-., -, 1684 For demand analysis, bicycle/pedestrian attractors and generators for all traffic analysis zones within the study area (as provided by the MPO in Task 3) for the horizon year of the most recently adopted LRTP will be used. This data includes all: residences, places of employment, parks, schools, shopping centers, restaurants, and other service establishments as represented in the T AZ-structured socio-economic data for the horizon year. Locations of all parks, schools, and transit routes will also be provided by the MPO in GIS formae. The Consultant will identify initial goals and objectives for the pathway plan building upon the foundation of the current Pathways Plan and LRTP using an analysis of existing conditions. Measurable objectives will be included to help reach the goals provided in the pathway plan. One series of open-house workshops will be planned by the Consultant and conducted by the MPO staff, with the assistance of the Consultant, to garner public support for the project. The two workshops will be held on the same day. The Consultant shall provide a total of three staff, with the MPO providing additional needed staffing. The Consultant will prepare the electronic file graphics for the workshops and outline needed outreach and activities for the workshops, while the MPO will perform the outreach, produce the maps, and provide the materials. PAC meeting #2 will occur earlier on the day of the workshops. The School Needs Evaluation will also be conducted as part of Task 4. The Collier County MPO will designate a registered professional engineer from the County staff with experience in traffic operations and safety to spearhead the School Needs Evaluation. He/she will be assisted by a like qualified engineer from the Consultant. The Consultant will assist this MPO designee in developing a format for a School Administrators' Workshop. The MPO will coordinate the workshop with representatives from each school to discuss (and identify on maps or aerials) their pedestrian and bicycle safety needs. The MPO staff will be responsible for correspondence with the schools, workshop graphics, and workshop materials (markers, tape dots, flip charts, etc). School administrators will be provided with details of the workshop (format, study network, data needs, and response map/aerial) a month in advance of the meeting. This advance notice is intended to give each school an opportunity to assess their needs and identify potential 20 .--.__..._-_.__.._-~ _..~.'- ,_,,".,~.--_.~._~._-.-'-~ Ib(j4 (schematic) solutions. School administrators will be asked to provide a list (including email and postal address) of those who will be attending on behalf of their schools. The school access safety workshop will be a one-day, all-day, open house format meeting. It will occur on the same day as the two public workshops. It will be staffed by the MPO's engineer and the Consultant's engineer, plus any additional MPO staff deemed necessary. School representatives will mark on aerial photos (provided by the MPO) those locations they feel need safety improvements and note the nature of the needed improvements. Finally, they will be asked to prioritize the improvements they have identified. PAC members are encouraged to visit and observe this workshop. After the workshop the MPO staff, directed by the MPO's engineer, will compile the results, both in a GIS shapefile and in the study network database, identifying the school-suggested safety improvements and the priorities for each treatment. After the school input is compiled, the Consultant will discuss with the MPO engineer the potential improvement treatments based upon the school representatives' comments. It is anticipated a set of standardized treatments will be developed based upon the schools' input and the geometric and operational character of the roadway section where they are to be applied. As the standardized treatments are being developed, a decision tree will also be developed to determine which treatment is appropriate for a particular location. The MPO's engineer will provide schematic drawings and costs for each of the identified standard treatments. Prioritization of existing school access safety projects will be integrated within the overall pedestrian and bicycle projects prioritization. Combining the projects identified through the School Needs Evaluation with all the other projects would provide for a single master list of pedestrian or bicycle improvements needed for Collier County. To ensure special emphasis is given to schools the latent demand will give priority to potential home to school trips. Additionally, the input provided at the school administrators' workshop will be considered in the public input portion of a Benefit-Cost Index prioritization, if desired by the PAC and the MPO. 21 "_'e ____.___.mm-__._._____" . ---.-.. ~-~_. ".. _.~,-,--,_.- _..-- ... '" i:'....~ The school needs analysis activities wiil be documented by the MPO for inlugna ~e final i Plan. Access needs (Le., needed sidewalks) for future schools will be handled within the context of hazardous walking conditions and potential school travel demand. Technical Memorandum 4 will be presented to the Client upon completion of Task 4 activities. The memorandum will include draft Goals and Objectives as well as an inventory and existing conditions analysis. In addition, PAC meeting #3 will be held prior to the commencement of Task 5. Task 5 - Needs Plan: A prioritized needs plan will include bicycle and pedestrian facilities that are consistent with the goals and objectives identified in Task 4. Issues, trends, conflicts, problems, opportunities, and cost, as evaluated in the preceding tasks, will be addressed in an easy to understand decision tree. Four prioritized lists will be made: one for combined bicycle/pedestrian projects, one for future schools' access needs, one for the off-street shared use pathway network, and one for the bikeway retrofit of existing roads. Technical Memorandum 5 (a chapter of the Final Plan) will include these prioritized lists of proposed bicycle/pedestrian improvements. The prioritization methodology will be included in the memorandum. This needs plan will be presented at PAC meeting #4. Task 6 - Final Plan Development: Based on completion of the previous tasks, the Consultant and MPO staff will develop a final implementation plan document. The implementation plan will include the following: . Clear specification of the type of facility to be built for each segment of the study network (existing and TIP-planned only). . Needed safety programs. This should include identification of needed bicycle and pedestrian safety education programs and also improvement of roadway signage. . An Action Plan that prioritizes bicycle and pedestrian improvements to be included in the Transportation Improvement Program and Long Range Transportation Plan. 22 -,--_.-....._'~---_.- .._~ -----_._._---"._._~,~..,~ -' -..".---,.--.,-..."..." 1684~.' . A realistic cost feasible plan with specific cost estimates for the implementation of the plan (MPO staff). . A system for maintenance and management of current and future bicycle and pedestrian facilities, which includes funding sources and a description of governmental and departmental responsibilities. . A design for a standard bicycle and pedestrian friendly roadway model applicable to unconstrained roadway facilities countywide. . A plan for developing a comprehensive pathway plan network in the North Golden Gate Estates area. . Policies for the realization of the specified goals and objectives of the plan. . A comprehensive inventory of funding sources that includes procedures and time constraints for obtaining those funds. . Strategies for monitoring and evaluating the success and implementation of the plan. . Recommendations for possible comprehensive plan amendments (MPO staff). The final document (plan) will be the consolidation of the previous technical memoranda into an easy-to-read document for public use. Highly technical or detailed information from the technical memoranda will be placed in an appendix of the final document. The draft final plan will be submitted to the Client for review and comment. PAC meeting #5 will be attended by the Consultant. Following PAC review and approval of the document, the MPO will conduct a public information session to share the proposed pathway plan with the general public. The Consultant will revise the draft plan as appropriate. A final Comprehensive Pathways Plan will be produced in hard copy and electronic copy for submittal to the Client. Oeliverables: For all project deliverables (technical memoranda, draft plan, and final plan), the Consultant will provide the Client with two print copies (one bound and one photo ready unbound) and the corresponding electronic files. Additional printing will be carried out by the Client. 23 -..- ..-_...,-_._~,- ...., -....,... - ._-~.-.,.,,,~_...,,-- "-..----,-.--,,-.--..-'--.-.- 1684 . .,l Notes 1. A database including the entire study network segments (to be included in the final plan), with each segment assigned a unique identification number. Provide one hardcopy and an electronic file of the database (recommended format: Microsoft Excel). This will include road name, from and to, length, ADT, percent heavy vehicles (if available) and jurisd ictional information of the segment. One GIS shapefile of the study network with segmentation matching the above database is also needed. 2. A GIS shapefile which includes the locations of all public schools (stratified according to elementary, middle and high schools)*. Data needed includes: . the number of students that are living within the public school system transportation exclusion zones (those students who are not provided school bus transportation) . the enrollment for public schools (include subtotals for elementary, middle and high school). A GIS shapefile of all public parks* with data for each park including: . the acreage of each park . the classification of each park (stratified as minor, staffed and major). Note: A "minor park" is one with no programmed or staffed events. A "staffed park" is a park with intermittently programmed events and staffed events. A "major park" is a park with regularly programmed events and large staffed events. A GIS shapefile which includes the locations of community colleges and universities. Also, data is needed on full-time equivalent (FTE) enrollment at each campus. 24 '--- ~"------"'-""-"-~".~ _... "_,~,____",,,___._~,"_,"'__~_'^'~'__~m.'""_________'__. 1684 .~ W, If linkage with transit is desired, a GIS shapefile which includes all the transit routes* the study . area reporting the headways and number trips (Please provide route schedules) associated with the routes. Note: Provide us with all GIS layers in Arc-View compatible format * Study area plus a four-mile buffer if data is available 25 .-- ,.- -. --- . "____"..__""_.__~._._.___,_..___~_~..__ _ . _.__.M_~_"_'. 1684 . I SCHEDULE B BASIS OF COMPENSATION B.1.1. As consideration for providing Basic Services as set forth herein in Schedule A, OWNER agrees to pay, and CONSULTANT agrees to accept, the lump sum fees as shown on Attachment A entitled "Schedule Fees for Basic Services", B.1.2. Payment For Basic Services under Schedule A shall be paid on a lump sum basis in accordance with Schedule C milestones. B.2.1. As consideration for providing properly approved Additional Services set forth in Article Two of this Agreement, OWNER agrees to pay and CONSULTANT agrees to accept payment as a lump sum, or on a time and reimbursable cost basis. Payments for properly approved Additional Services shall be made monthly either as a lump sum, or on a time and reimbursable cost basis computed in accordance with Attachment B entitled "Consultant's Employee Hourly Rate Schedule" for employees working under this Agreement. B.2.2. Reimbursable costs shall mean the actual expenditures made by the CONSULTANT while providing Basic Services or Additional Services, in the interest of the Project, listed in the following sub-paragraphs: (a) expenses for transportation and subsistence incidental to out-of-town travel required by CONSUL T ANT and directed by OWNER, other than visits to the Project Site or OWNER's office; (b) expenses for preparation, reprod uction, photographic production techniques, postage and handling of drawings, specifications, bidding documents and similar Project-related items in addition to those otherwise required in Basic Services; 26 """'-- --~. .... "..--.---..-.-- 1 6 8,4.~ ~ (c) when authorized in advance by OWNER, except as specifically otherwise provided herein, the expense of overtime work requiring higher than regular rates; and (d) expenses for renderings, models and mock-ups requested by OWNER. B.2.3. By way of example and not limitation, reimbursable costs shall specifically not include expenditures, except as otherwise described in paragraph B.2.2, such as: (a) expenses for transportation and subsistence; (b) overhead, including field office facilities; (c) overtime not authorized by OWNER; or (d) expenses for copies, reproductions, postage, handling, express delivery, and long distance communications. B.3.1. In no case shall the lump sum figures on Attachment A be exceeded without a change in the scope of the project being approved, in writing, by the County. B.3.2. Payments will be made for services rendered, no more than on a monthly basis, within thirty (30) days of submittal of an approvable invoice. The number of the purchase order by which authority the services have been made, shall appear on all invoices. All invoices shall be reasonably substantiated, identify the services rendered and must be submitted in triplicate in a form and manner required by OWNER. B.3.3. CONSULTANT acknowledges that Attachment A - Schedule of Fees for Basic Services, Attachment B - Consultant's Employee Hourly Rate Schedule, each attached to this Schedule B are incorporated herein and, will be the basis for OWNER's budgeting, authorizing and monitoring of expenditures under this Agreement. END OF SCHEDULE B. 27 .----------. 1~B4'~' ~ SCHEDULE B -ATTACHMENT A SCHEDULE OF FEES FOR BASIC SERVICES Task 1 Public Involvement Component $1,736.00 Task 2 Study Methodology $4,890.00 Task 3 Data Collection and Inventory of Existing Conditions $14,330.00 Task 4 Data Analysis $38,600.00 Task 5 Needs Plan and Public Workshop $14,860.00 Task 6 Final Plan Development $17,440.00 Totals for Tasks 1 through 6 Not to exceed $91,856.00 Expenses Not to exceed $8,120.00 Project Total Cost $99,976.00 28 ._^",~.,,_._- """.... ,. --~~-,...--,.-.... -,,- 16B4 SCHEDULE B - ATTACHMENT B CONSULTANT'S EMPLOYEE HOURLY RATE SCHEDULE Title Hourly Rate Project Manager $155 Senior Engineer $120 Senior Planner $105 Project Planner $80 Staff Engineer $65 Staff Planner $60 29 -.-.--------..., ._"----_..__.~".- ,- ..,-...-,,-~ ~.___."._".__~__._,".____._.___u 16B4 -l -l -l -l -l -l Ol Ol Ol Ol Ol Ol en en en en en en I ;0<- ;0<- ;0<- ;0<- ;0<- ;0<- OJ 01 ./>. W N ..... T1 0 . . -l . . -l . , -l -l ' , ulo -l " S. ..., 3 (l) u (l) m (l) S- (l) m c 0 (l) U Ol Ol n iil n x n < n < g; 3 n c 0 - ~ "C ::; ::l ::; ~ ::; (l) ::; ~ ::; ~ ID U U CD s: s: s: ::l s: c n 3 s: 0. <' Ol Ol 3 0 ::l 0- Ol S- c ~ S' S' (l) (l) (l) to (l) (l) - ~, (l) S- ID (l) 3 < 3 3 -< 3 0. 0- -< 3 ~ 0 ~ ~ ::l 0 Cll 0 0 0 0 ::l ..., 0 < III ..., Ol Ol OJ 0 0 0 3 0 co ;0<- 01 ./>. ::l W - N s: 0 ..... <" '< '< - "C Ol iD u en en 0. c. m (l) - "C (l) ..., ::l 3 ;::;: ~. S' 0' (l) 3 Ul 0 U U 0. ::l C. i:il iil u Cll ~ 0 ::l (l) ;a. ::l :r: ::l c ::J ::l iil en ::l C. s: - U ::l Ol to 0 (l) 0 0 ::l )> 0 ~ c 0 C. ::l 0 to en 0 (l) Ol 0 '< ::J Cll 3 < 0 -< ::l to ~ "C (l) (l) en C. 0 0 en 1j)' ;::;: 0 ::l "C cO. 0' ~ (l) 3 ::l :::l en ::J (l) en ::; - ;a. 0 "C en ~ 1* ...... ~(f) * I i o () - - '-- , ::; CD rt> ('") 0.. 0 p,,) --c ~ cn~ <:' - - ('") (l) iil :;r' = 0- CD ~ CD ~ c..l 0..- c . - - CD ./>. s: 0 I - - ::l .... +i ::; Ul + ,~ 01 U - - c I l ~ 0' 0) s: Cll - ~ ::l to ~ . ...". I *'*1 I + i 00 I 26 --,,--~ ,.~---'.~"""--"''''~'''>"~-~'''--''''-''''"" --"----, -,.,,-.-.- SCHEDULE D 16e~ INSURANCE COVERAGE (1 ) The amounts and types of insurance coverage shall conform to the following minimum requirements with the use of Insurance Services Office (ISO) forms and endorsements or their equivalents. (2) The insurance required by this Agreement shall be written for not less than the limits specified herein or required by law, whichever is greater. (3) Coverages shall be maintained without interruption from the date of commencement of the work until the date of completion and acceptance of the Project by the Owner or as specified in this Agreement, whichever is longer. (4) Certificates of insurance (3 copies) acceptable to the Owner shall be filed with the Owner within ten (10) calendar days after Notice of Award is received by Contractor/Consultant/ Professional. Such certificates shall contain a provision that coverages afforded under the policies will not be canceled or allowed to expire until at least thirty (30) days prior written notice has been given to the Owner. (5) All insurance coverages of the Contractor/Consultant/Professional shall be primary to any insurance or self insurance program carried by the Owner applicable to this Project. (6) The acceptance by Owner of any Certificate of Insurance does not constitute approval or agreement by the Owner that the insurance requirements have been satisfied or that the insurance policy shown on the Certificate of Insurance is in compliance with the requirements of this Agreement. 31 -- ,-."---"~'- ._._..~.._,--"-~-_.,._-- .-.---. '. 1684 (7) Contractor/Consultant/Professional shall require each of its subcontractors to procure and maintain, until the completion of the subcontractor's work, insurance of the types and to the limits specified in this Section unless such insurance requirements for the subcontractor are expressly waived in writing by the Owner. (8) Should at any time the Contractor/Consultant/Professional not maintain the insurance coverages required herein, the Owner may terminate the Agreement or at its sole discretion shall be authorized to purchase such coverages and charge the Contractor for such coverages purchased. The Owner shall be under no obligation to purchase such insurance, nor shall it be responsible for the coverages purchased or the insurance company or companies used. The decision of the Owner to purchase such insurance coverages shall in no way be construed to be a waiver of any of its rights under the Contract Documents. (9) If the initial, or any subsequently issued Certificate of Insurance expires prior to the completion of the Work or termination of the Agreement, the Contractor / Consultant / Professional shall furnish to the County, in triplicate, renewal or replacement Certificate(s) of Insurance not later than thirty (30) calendar days prior to the date of their expiration. Failure of the Contractor to provide the County with such renewal certificate(s) shall be considered justification for the County to terminate the Agreement. WORKERS' COMPENSA liON AND EMPLOYERS' LIABILITY Required by this Agreement? _X_ Yes - No (1 ) Workers' Compensation and Employers' Liability Insurance shall be maintained by the Contractor/Consultant/ Professional during the term of this Agreement for all employees engaged in the work under this Agreement in accordance with the laws of the State of Florida. The amounts of such insurance shall not be less than: a. Worker's Compensation - Florida Statutory Requirements 32 .",-.._- b. Employers' Liability (check one) 1684 X $100,000 Each Accident $500,000 Disease Aggregate $100,000 Disease Each Employee $1,000,000 Each Accident $1,000,000 Disease Aggregate $1,000,000 Disease Each Employee (2) The insurance company shall waive its Rights of Subrogation against the Owner and the policy shall be so endorsed. (3) United States Longshoreman's and Harborworker's Act coverage shall be maintained where applicable to the completion of the work. _ Applicable _X_ Not Applicable (4) Maritime Coverage (Jones Act) shall be maintained where applicable to the completion of the work. _ Applicable _X_ Not Applicable COMMERCIAL GENERAL LIABILITY Required by this Agreement? _X_ Yes - No (1 ) Commercial General Liability Insurance shall be maintained by the Contractor/Cons u Ita nt/Professional. Coverage will include, but not be limited to, Bodily Injury, Property Damage, Personal Injury, Contractual Liability for this Agreement, Independent Contractors, Broad Form Property Damage including Completed Operations and Products and Completed Operations Coverage. Products and Completed Operations coverage shall be 33 ..- ~.^.~ .- maintained for a period of not less than five (5) years following the completion a19cceijt~ce .j by the Owner of the work under this Agreement. Limits of Liability shall not be less than the following: _ General Aggregate $300,000 Products/Completed Operations Aggregate $300,000 Personal and Advertising Injury $300,000 Each Occurrence $300,000 Fire Damage $ 50,000 _ General Aggregate $500,000 Products/Completed Operations Aggregate $500,000 Personal and Advertising Injury $500,000 Each Occurrence $500,000 Fire Damage $ 50,000 ~_General Aggregate $1,000,000 Products/Completed Operations Aggregate $1,000,000 Personal and Advertising Injury $1,000,000 Each Occurrence $1,000,000 Fire Damage $ 50,000 (2) The General Aggregate Limit shall apply separately to this Project and the policy shall be endorsed using the following endorsement wording. "This endorsement modifies insurance provided under the following: Commercial General Liability Coverage Part. The General Aggregate Limit under LIMITS OF INSURANCE applies separately to each of your projects away from premises owned by or rented to you." (3) If the General Liability insurance required herein is issued or renewed on a "claims made" basis, as opposed to the "occurrence" form, the retroactive date for coverage shall be no later than the commencement date of the Project and shall provide that in the event of cancellation or non-renewal the Extended Reporting Period (Discovery Period) for claims shall be no less than three (3) years. (4) The Owner shall be named as an Additional Insured and the policy shall be endorsed that such coverage shall be primary to any similar coverage carried by the Owner. 34 ----.,_...,,"._.-_..._~.'"...------ "'".........'--_.~,~."-- 16B4. (5) Coverage shall be included for explosion, collapse or underground property damage claims. (6) Watercraft Liability coverage shall be carried at the limits shown above if applicable to the completion of the work under this Agreement. _ Applicable _X_ Not Applicable (7) Aircraft Liability coverage shall be carried at limits of $2,000,000 each occurrence if applicable to the completion of the work under this Agreement. _ Applicable _X_ Not Applicable PROPERTY INSURANCE - BUILDERS RISK (1) Property Insurance - Builders Risk coverage shall be carried by the Owner if applicable. _ Applicable _X_ Not Applicable (2) The Owner shall purchase and maintain in a company or companies lawfully authorized to do business in the State of Florida and in Collier County, property insurance in the amount of the initial Contract Sum as well as subsequent modifications thereto for the entire Work at the site on a replacement cost basis without voluntary deductibles. Such property insurance shall be maintained, unless otherwise provided in the Contract Documents or otherwise agreed in writing by all persons and entities who are beneficiaries of such insurance, until final payment has been made or until no person or entity other than the Owner has an insurable interest in the property required to be covered, whichever is earlier. This insurance 35 "._,_." _h___', ~'~___n"_._A'___"'__, __.""___..,.."^,..,,.,,_.,._"._,_.,_._~.~"_ shall include interests of the Owner, the Contractor, Subcontractors, sUb-slhrB~* and' , Material Suppliers in the Work. (3) Property insurance shall be on an all-risk policy form and shall insure against the perils of fire and extended coverage and physical loss or damage including, without duplication of coverage, theft, wind and hail, vandalism, malicious mischief, collapse, falsework, temporary buildings and debris removal including demolition occasioned by enforcement of any applicable legal requirements, and, at the Owner's option, shall cover reasonable compensation for Professional's services and expenses required as a result of such insured loss. At the Owner's option, flood insurance will also be purchased. (4) The property insurance provided by the Owner requires minimum deductibles and the Contractor shall pay costs not covered by the deductibles. The responsibility of the Contractor for any deductible associated with the all-risk policy described above shall be limited to a maximum of $1,000 for each occurrence unless higher deductibles are identified in Exhibit C of the Contract Documents. The responsibility of the Contractor for any deductible associated with the flood insurance identified herein, if purchased by the Owner, shall be limited to a maximum of $1,000 for each occurrence unless higher deductibles are identified in Exhibit C of the Contract Documents. (5) This property insurance shall cover portions of the Work stored off the site after written approval of the Owner at the value established in the approval, and also portions of the Work in transit. (6) Boiler and Machinery Insurance. The Owner shall have the option of purchasing and maintaining boiler and machinery insurance required by the Contract Documents or by law, which shall specifically cover such insured objects during installation and until final acceptance by the Owner. If purchased this insurance shall include interests of the Owner, Contractor, Subcontractors and Sub-subcontrators in the Work. 36 -~._"."-,"". ---.-. __"'~'_""_'>_'___m_'___. 16~~ " 'i (7) Waivers of Subrogation. The Owner and Contractor waive all rights against 1) ach other and any of their subcontractors, sub-subcontractors, agents and employees, each of the other, and (2) the Professional, Professional's consultants, for damages caused by fire or other perils to the extent covered by property insurance obtained pursuant to this or other property insurance applicable to the Work, except such rights as they have to proceeds of such insurance held by the Owner as fiduciary. The policies shall provide waivers of subrogation by endorsement or otherwise. (8) A loss insured under Owner's property insurance shall be adjusted by the Owner as fiduciary and made payable to the Owner as fiduciary for the insureds, as their interests may appear. (9) If Builders Risk coverage is applicable the Contractor shall be responsible for the following maximum deductibles per occurrence per paragraph (3) above. N/A _ All Risk Policy - $1,000 maximum deductible _All Risk Policy - Maximum deductible of $ _ Flood Policy - $1,000 maximum deductible _ Flood Policy - Maximum deductible of $ AUTOMOBILE LIABILITY INSURANCE Required by this Agreement? _X_ Yes No - (1) Automobile Liability Insurance shall be maintained by the Contractor I Consultant I Professional for the ownership, maintenance or use of any owned, non-owned or hired vehicle with limits of not less than: _X_ Bodily Injury & Property Damage - $ 500,000 Bodily Injury & Property Damage - $1,000,000 37 _."~_~_~'.^,._"_~',_n_,,,,.~,...,,, ...."...".W^ p,- ~,-""",""'-',,,,,,,,,....",...~,"-,,.,."-,,,,...._.,~'".....-_.-,,~-"-........--,,-,....,...,...-"._~~'",._,-".. 1684 (2) The Owner shall be named as an Additional Insured under the policy. UMBRELLA LIABILITY (1 ) Umbrella Liability may be maintained as part of the liability insurance of the Contractor/Consultant/Professional and, if so, such policy shall be excess of the Employers' Liability, Commercial General Liability and Automobile Liability coverages required herein and shall include all coverages on a "following form" basis. (2) The policy shall contain wording to the effect that, in the event of the exhaustion of any underlying limit due to the payment of claims, the Umbrella policy will "drop down" to apply as primary insurance. (3) The General Aggregate limit, if applicable, shall apply separately to this project and the policy shall be so endorsed. PROFESSIONAL LIABILITY INSURANCE Required by this Agreement? _X_ Yes No - (1) Professional Liability Insurance shall be maintained by the Consultant/Professional to insure its legal liability for claims arising out of the performance of professional services under this Agreement. Such insurance shall have limits of not less than: _ $ 500,000 each claim and in the aggregate _X_ $1,000,000 each claim and in the aggregate _ $2,000,000 each claim and in the aggregate - $ each claim and in the aggregate 38 ___",_"'__',o_'_'e__".M_'._"O e' ._.,,,.._~~~_ . _.._.._.._---~ 1684 (2) Any deductible applicable to any claim shall be the sole responsibility of the Consultant/Professional and shall not be greater than $50,000 each claim. (3) The Consultant/Professional shall continue this coverage for this Project for a period of not less than five (5) years following completion and acceptance of the Project by the Owner. END OF SCHEDULE D. 39 _m . '~'."""" _ . .u_;~,._,n'~ ACORQ" CERTIFICATE OF LIABILITY INSURANCE DATE (MMlDDIYYYY) 02/10/2004 PRODUCER (813)933-6691 FAX (813)932-6287 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Adcock & Adcock Insurance Agency ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 315 W. Fletcher Ave. ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Tampa, FL 33612-3414 INSURERS AFFORDING COVERAGE NAIC# INSURED Sprinkle Consulting Inc. INSURER A: Auto-Owners Insurance Co. 18988 18115 U S Hwy 41 N INSURER B: Vall ey Forge Insurance Co 20508C Suite 600 INSURER C Conti nenta 1 Casualty Co. Lutz, FL 33549-3162 INSURER D: INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDIN' ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. 1['If: ~~~I TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS GENERAL LIABILITY 8633384800 01/21/2004 01/21/2005 EACH OCCURRENCE $ l,OOO,Ooc 7 COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED $ 50, ooe ~ I CLAIMS MADE 00 OCCUR MED EXP (Anyone person) $ 5,000 A X Contractual Liab. PERSONAL & ADV INJURY $ 1,000,OOJ] - GENERAL AGGREGATE $ 1,000,000 GEN'l AGGREGATE LIMIT APPLIES PER: PRODUCTS-COM~OPAGG $ l,OOO,OOC I .nPRO- n POLICY JECT lOC AlJTOMOBILE LIABILITY 9541911500 03/03/2004 03/03/2005 COMBINED SINGLE LIMIT X ANY AUTO (Ea accident) $ 500,OO(] - All OWNED AUTOS BODilY INJURY - (Per person) $ SCHEDULED AUTOS A X HIRED AUTOS BODilY INJURY X $ NON-OWNED AUTOS (Per accident) - - PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ R ANY AUTO OTHER THAN EA ACC $ AUTO ONLY: AGG $ EXCESS/UMBRELLA LIABILITY EACH OCCURRENCE $ P OCCUR D CLAIMS MADE AGGREGATE $ $ R DEDUCTIBLE $ RETENTION $ $ WORKERS COMPENSATION AND WC225446635 01/01/2004 01/01/2005 X I T~~~T~N!:: I IOJ~- EMPLOYERS' LIABILITY 100,000 B ANY PROPRIETORlPARTNERlEXECUTIVE EL EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? EL DISEASE - EA EMPLOYEE $ 100,000 If yes, describe under EL DISEASE. POLICY LIMIT $ 500,000 SPECIAL PROVISIONS below OTH~ MCA254085409 11/10/2003 11/10/2004 $1,000,000 Each Claim Pro essional Liab. C ~etro Date 11/10/1992 $1,000,000 Aggregate $20,000 Deductible Per Claim DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS ontract 03-3559 Consultant Services for the Update of the Collier County Comprehensive Pathway Plan ollier County Government is included as additional insured. o Day Notice of Cancellation Applies for Non-payment. SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE Collier County Government EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL Purchasing Department ~ DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, Attn: Jim Albury BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY 3301 E. Tamiami Trail OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. Naples, FL 34112 AlJTHORIZED REPRESENTATIVE James Randall, III, c.I.C ACORD 25 (2001/08) FAX: (239) 732-0844 -, ---,._---,._-,_..~~ ACDBQ CERTIFICATE OF LIABILITY INSURANCE DATE (MMlDDIYYYY) 02/10/2004 PRODUCER (813)933-6691 FAX (813)932-6287 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Adcock & Adcock Insurance Agency ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 315 W. Fletcher Ave. HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Tampa, FL 33612-3414 INSURERS AFFORDING COVERAGE NAIC# INSURED Sprinkle Consulting Inc. INSURER A Auto-Owners Insurance Co. 18988 18115 U S Hwy 41 N INSURER B Valley Forge Insurance Co 20508C Suite 600 INSURER C Continental Casualty Co. Lutz, FL 33549-3162 INSURER D INSURER E COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. I~f: ~'?;~ lYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE Pgi!fJ EXPIRATION LIMITS GENERAL LIABILITY 8633384800 01/21/2004 01/21/2005 EACH OCCURRENCE $ 1,000,OO(] I-- X COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED $ 50,00(] I CLAIMS MADE o OCCUR MED EXP (Any one person) $ 5 , OO(] A X Cont ractua 1 Liab. PERSONAL & ADV INJURY $ 1. 000 , OO(] f-- GENERAL AGGREGATE $ 1,000,00(] I-- GEN'L AGGREGATE LIMIT APPLIES PER PRODUCTS - COMPJOP AGG $ 1,000,000 n n PRO- nLOC POLICY JECT AUTOMOBILE LIABILITY 9541911500 03/03/2004 03/03/2005 COMBINED SINGLE LIMIT I-- $ X ANY AUTO (Ea aCCident) 500,00(] I-- ALL OWNED AUTOS BODILY INJURY f-- $ SCHEDULED AUTOS (Per person) A 'x HIRED AUTOS BODILY INJURY I-- (Per accident) $ X NON-OWNED AUTOS f-- I-- PROPERlY DAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ R ANY AUTO OTHER THAN EA ACC $ AUTO ONLY AGG $ EXCESSJUMBRELLA LIABILITY EACH OCCURRENCE $ tJ OCCUR o CLAIMS MADE AGGREGATE $ $ R DEDUCTIBLE $ RETENTION $ $ WORKERS COMPENSATION AND WC225446635 01/01/2004 01/01/2005 X I WC STATU- I 10TH- TORY LIMITS ER EMPLOYERS'LIABILllY 100,OO(] B ANY PROPRIETORIPARTNERJEXECUllVE EL EACH ACCIDENT $ OFFICE RIM EMBER EXCLUDED? EL DISEASE - EA EMPLOYEE $ 100,00(] ~~~t?:C%~6~~I~NS below EL DISEASE - POLICY LIMIT $ 500 OO(] OTHER MCA254085409 11/10/2003 11/10/2004 $1,000,000 Each Claim Professional Liab. C Retro Date 11/10/1992 $1,000,000 Aggregate $20,000 Deductible Per Claim DESCRIPTION OF OPERATIONS I LOCATIONS (VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS ontract 03-3559 Consultant Services for the Update of the Collier County Comprehensive Pathway Plan ollier County Government is included as additional insured. o Day Notice of Cancellation Applies for Non-payment. CERTIFICATE HOLDER CANCELLATION SHOULD Am OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL Collier County Government ~ DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, Purchasing Department Attn: Jim Albury BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR L1ABILllY 3301 E. Tamiami Trail OF Am KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. Naples, FL 34112 AUTHOR~DREPRESENTATNE James Randall, III, e.Le. ACORD 25 (2001/08) FAX: (239) 732-0844 @ACORDCORPORATION 1988 '^-"-'- .."-_..._-~... 1 f., 9.'4 , n IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25 (2001/08) -'-'-'-^-'~._- .^,--",- 169'4 . os, I 'tf SCHEDULE E TRUTH IN NEGOTIATION CERTIFICATE In compliance with the Consultants' Competitive Negotiation Act, Section 287.055, Florida Statutes, Sprinkle Consulting, Inc. hereby certifies that wages, rates and other factual unit costs supporting the compensation for the services of the CONSULTANT to be provided under the Professional Services Agreement, concerning Consultant Services for the Update of the Collier County Comprehensive Pathway Plan are accurate, complete and current as of the time of contracting. Sprinkle Consulting, Inc. BY: TITLE: DATE: ~-{)'1-of 36 . -. --'-._---------, .-....-.....---.-.- 16CI MEMORANDUM Date: February 25, 2004 To: Michael Dowling Real Property From: Linda A. Houtzer, Deputy Clerk Minutes & Records Department Re: Second Amendment to Lease Agreement wi Carlton Lakes, LLC. Enclosed please find copy of document as referenced above, Agenda Item #16C, approved by the Board of County Commissioners on Tuesday, February 24, 2004. If you should have any questions, please call me at 774-8406. Thank you. Enclosures ~---- ~._.-.- . - --,--- Lease #863 SECOND AMENDMENT TO LEASE AGREEMENT 16Cl THIS FIRST AMENDMENT TO LEASE AGREEMENT entered into this _ day of ,2001, at Naples, Collier County, Florida, by and between Collier County, a political subdivision of the State of Florida, whose mailing address is 3301 East Tamiami Trail, Naples, Florida 34112, hereinafter referred to as "LESSOR", and Carlton Lakes, L.L.c., a Florida limited liability company, whose mailing address is 6025 Carlton Lakes Boulevard, Naples, Florida 34110, hereinafter referred to as "LESSEE". WITNESSETH WHEREAS, the LESSEE and LESSOR have previously entered into a Lease Agreement dated January 11,2000 which was assigned by way of an Assignment of Lease dated March 15, 2002 and the First Amendment to Lease Agreement dated November 5, 2002, hereinafter collectively referred to as 'Lease Agreement;' WHEREAS, the LESSEE and LESSOR are desirOll~ of am~nding the L~a"'~ Agreement; and NOW THEREFORE, in consideration of the covenants and agreements provided herein and within the said Lease and Ten Dollars ($10.00) and other valuable consideration, the said Lease Agreement is hereby amended as follows: 1. The following provision shall be added to Article 2 of the Lease Agreement: This Lease is hereby extended until December 30, 2004, provided LESSEE is not in default of any of the terms of this Lease, hereinafter referred to as the "Extended Lease Term." LESSEE and LESSOR reserve the right to terminate this Lease, with or without cause, upon thirty (30) days prior written notice of such termination to either party at the address set forth in ARTICLE 13 of this Lease. Said notice period shall become effective upon receipt of written notice by the party, 2. The annual rent for the Extended Lease Term shall be $8,820.00 and shall be paid in full by January 1,2004. 3. Except as expressly provided herein, this Lease Agreement between Collier County and Carlton Lakes, L.L.c. for utilization of the Demised Premises described in said Lease Agreement remains in full force and effect according to the terms and conditions contained therein. IN WITNESS WHEREOF, the LESSEE and LESSOR have hereto executed this First Amendment to Lease Agreement the day and year first above written. AS TO THE LESSOR: DATED: BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA ATTEST: .""" ~ \ \ , I I , j J , I d~ DWIGHT E. B;R-o~, :.c~J:~"'I,., ,-'."'\.~ ...... '... ... (,,!, ;~,. ~ .".' .' '. ~..' , BY: BY' ~a~l!'Ir.~j.~~~ Deputie\et'kt'.:~,.;. , . > ',;-::: - -.....- Mtest ~. ~.~ :;J f DONNA FIALA, CHAIRMAN . t gntturi.1 J;""'~;1" :" ,l,,~ f - l ~ - .-~, - ~ ... . ... AS TO THEL~SHE: .....;,.:~~.. / CARLTON LAKES, L.L.c. .. "it ..... le'.,j"" ..1 · Sa3t~ti~.. "", By:d~ ~ DATED: I":;' - 1(.,";"0.""""" . I~ ., ..Pt:@8iEle~ce Presideny (Signature) ~U5.AJC lit- / ~ ~ J) e JCJ- () 2' L~ J-! S"l;+11 Print !'-,r~~e (P nt N e) ~k. ()~ , Witness (Signature) /1&, ~ I W6ar1 k. ffes'l~ II Item # (Print Name) ~~~;da ~/:;'41 0'/ , Date eP.j:;'5/0tj Approved as to form and I Rec'd ~ ~~)~) ~homas C. P mer, Assistant County Attorney eputy erk _u__ - -... '- _._.~--,-- ---- 16C5 . ~ MEMORANDUM Date: February 26, 2004 To: Alicia Abbott, Project Manager Public utilities From: Linda A. Houtzer, Deputy Clerk Minutes & Records Department Re: Local Government Guarantee -FDEP Please find enclosed the original document as referenced above, approved by the Board of County Commissioners on Tuesday, February 24, 2004 (Agenda Item #16CS) . If you should have any questions, please call me at: 774-8411. Thank you. Enclosure ---,,--,,--,-- ATTACHMENT A 16C '~J Page 1 of6 '-") ..,r Local Government Guarantee A unit of local government of the State of Florida may demonstrate financial responsibility as required in Rule 62-528.435(9), F.A.C., by submitting all of the following _ information: 1. The local government must submit a letter from its attorney attesting to the permittee meeting the definition of a local government as defined in Chapter 218, Florida Statutes (F.S.). The attorney must also attest to the local government's coverage under Chapter 218, Part V, F.S., Financial Emergencies. A copy of Chapter 218, Part V, F.S., is provided with this attachment. If the permittee is unable to obtain a letter from its attorney regarding its status as a local government, an alternate demonstration of financial responsibility must be submitted to the FDEP. The alternatives suggested by the FDEP are: a. Surety Bond b. Letter of Credit c. Trust Fund d. Financial Test 2. The local government must submit a Certification of Financial Responsibility which certifies unconditionally the obligation of the local government to perform plugging and abandonment of its injection system(s) pursuant to Chapter 62-528, F.A.C. The certification form provides information on the location of the injection system(s) guaranteed by the local government with the related cost estimates for plugging and abandonment. The certification allows for a cost increase of 10 percent without submission of an updated certification form. Cancellation of the agreement may not take place without the written consent of the FDEP Secretary. The person signing the Certification on behalf of the 10\..11 government must be an individual authorized to bind the local government to such an agreement. The signing of this agreement must be notarized to complete the processin2 of the "Certification of Financial Responsibility" form. The wording of the certification f( Irm is provided with this attachment. ..., A copy of the financial statements for the latest complettd fiscal year must accompany items :Y. 1 and 2 above to complete the financial package for review by the FDEP. If the Department finds through its review of the financial statements that the financial strength of the unit of local government is questionable, the Department may notify the permittee of its intentions to deny the financial package as submitted. The permittee would then be required to submit an alternate financial demonstration to meet the requirements of Rule 62-528.435(9), F.A.C. '_,__.w. ._~" ATTACHMENT A Page 2 of6 16C5 CERTIFICATION OF FINANCIAL RESPONSIBILITY Collier County, a unit oflocal government of the State of Florida, hereby certifies that it has unconditionally obligated itself to have the financial resources necessary to close, plug, and -abandon its Class I underground injection welles) and related monitoring wells, as required by Chapter 62-528, Florida Administrative Code. It is further understood that the cost estimate to conduct plugging and abandonment, established on October 10, 2002, shall be reviewed on an annual basis and this obligation shall incorporate accumulated inflation costs. An annual adjustment exceeding 10 percent in anyone year shall require submission of an updated certification form. List of Injection Wells Covered By This Agreement: IW-I (for each injection well list the following information) Facility Name: South County Water Reclamation Facility Facility Address: 5600 Warren Street, Naples, Florida 34113 Facility Contact: Jon Pratt (Chief Operator) Phone Number: (941) 774-6886 Latitude/Longitude ofInjection Well: 26005' 42" North 810 43' 22" West DEP/EPA Identification Number: FLA014135, 5211C00303 Current Plugging and Abandonment Cost Estimate: $407,844 It is hereby understood that the cancellation of this certification may not take place without the prior written consent of the Secretary of the Florida Department of Environmental Protection. Date: ~..2 5 . 01- BOARD OF COUNTY COMMISSIONERS, COLLIE OUNTY, :2.ID~ Dwight E. Brock, Clerk ,\\ \ 1\ 111111" "" By: \\\ afitj '" \\. ~l"). . ~t' If. ........ (-.j,,'o ~, D nna Fiala, Chairman ~'~.e \.J..........CIO". 4',":.:;, ~ ...,~.,"" ,:t ... w' "~ ~, ~ 4- ~~ 'e. ~ ~ ~4:'.,.. ~'~~ . ,- . :, ~:r ,l, I ~ By. . ~.,t. "--c.. .~.'f; At~r.,!tD_~' , : ~i. .~1ioo.... ,....' ~_'. _~ _,~V $~~"ii~~~~$J " .' .I"" nl'''~\ Acknowledged before me this;). 5" day of fc.6rwr-/, 2004, by Donna Fiala, known to me to be the Chairman of the Board of County Commissioners of Collier County, Florida. ., .. .- ~ _;1 B : (14~:~~~ I",'/~~ ~ y - ~ . "", M ....~ CAROLYN SUE FILSON ~ otary Pubhc L~~.\ MYCOMMISSION#CCB'9B299 /A~'-I' () 1 s i . .. ! EXPIRES: Apri/2B, 2004 ... . m ~ ~I . '~iif.~~ Bonded Thru Notary PublIC Underwriters 'j Approved as to form and legal sufficIency:" it . .1. 5 -D t-(! JA~ .......,; By: T P I ~. C A af~* om a mer, SSlstant ounty ttomey -..... ....~--~. . -.-." ATTACHMENT A Page 3 of6 16C5 Plugging and abandonment plan/cost detennination - In order to demonstrate financial responsibility a pennittee or applicant must submit a detailed plugging and abandonment (P~A) plan to the Department for approval. The P&A plan should contain the following infonnation: 1. A step-by-step plugging plan indicating where cement and other fillers (if any) will be placed. 2. A drawing showing the well construction and proposed placement of plugging materials. Appropriate depths should be indicated on this drawing. 3. Calculations showing the derivation of the volume of cement and other fillers (if any) needed to plug the well according to the plan prepared in Items I and 2 above. Separate calculations should be made for each well. 4. Calculations showing the derivation of the total cost for plugging each well. Costs should be itemized for each well (i.e. cement cost, mobilization cost, etc.). Financial responsibility must be demonstrated for the sum of the total costs for all injection and associated monitor wells at a facility. Timing of demonstrations - Department rules require that financial responsibility be demonstrated at the time of pennitting and maintained. A demonstration of financial responsibility will be required for each construction and operation penn it application. Also, at any time during a penn it cycle, if updated plugging and abandonment costs exceed the initial financial certification amount by ten percent or more, then a redemonstration shall be submitted to the Department. Updated plugging and abandonment cost estimates should be provided to the Department at the midpoint of the pennit cycle. Pennittees which utilize a UIC Financial Test shall redemonstrate annually, and forward the latest annual report or financial statement. Financial responsibility is required for Class I injection wells, and any monitor well which penetrates to a depth below the undergrr,und source of drinking water. Summary - Department UIC rules require that a pennittee for a Class I injection well demonstrate and maintain financial responsibility. To do this, the applicant or pennittee must first develop a plugging and abandonment plan and de' ermine the cost associated with implementing this plan should it become necessary. These cost~ should be updated during the midpoint of the penn it cycle and if the cost is ten percent or more above the amount of the previous financial responsibility demonstration is based, then a redemonstration must be made to the Department. Once the costs have been detennined, several methods are available to demonstrate financial responsibility. Each method is described in the Department's guidelines for demonstrating financial responsibility. ---"_._---~" ._-- ATTACHMENT A Page 4 of6 1 (: () ,.'. Rj,Ao~ 'J t .-"' CHAPTER 218 FINANCIAL MATTERS PERTAINING TO POLITICAL SUBDIVISIONS PART V FINANCIAL EMERGENCIES 218.50 Short title.--Sections 218.50-218.504 shall be known as the "Local Government Financial Emergencies Act." History.--s. 8, ch. 79-183. 218.501 Purposes.-- The purposes of ss. 218.50-218.504 are: (1) To preserve and protect the fiscal solvency ofIocal governmental entities. (2) To assist local governmental entities in providing essential services without interruption and in meeting their financial obligations. (3) To assist local governmental entities through the improvement of local financial management procedures. History.--s. 8, ch. 79-183; s. 25, ch. 96-324. 218.502 Definition.--As used in ss. 218.50-218.504, the term "local governmental entity" means a county, municipality, or special district. History.--s. 8, ch. 79-183; s. 26, ch. 96-324. 218.503 Determination of financial emergency.-- (1) A local governmental entity is in a state of financial emergency when any of the following conditions occurs: (a) Failure within the same fiscal year in which due to pay short-term loans from banks or failure to make bond debt service payments when due. (b) Failure to transfer at the appropriate time, due to lack of funds: 1. Taxes withheld on the income of employees; or 2. Employer and employee contributions for: a. Federal social security; or b. Any pension, retirement, or benefit plan of an employee. (c) Failure for one pay period to pay, due to lack of funds: 1. Wages and salaries owed to employees; or 2. Retirement benefits owed ;0 tormer employees. (d) An unreserved or total fund balance or retained earnings deficit for which sufficient resources of the local governmental entity are not available to cover the deficit for 2 successive years. (e) Noncompliance of the local government retirement system with actuarial conditions provided by law. (2) A local governmental entity shall notify the Governor and the Legislative Auditing Committee when one or more of the conditions specified in subsection (1) have occurred or will occur if action is not taken to assist the local governmental entity. In addition, any state agency must, within 30 days after the identification of the financial -----.-. --0_.- ATTACHMENT A Page 5 of6 16C5 emergency, notify the Governor and the Legislative Auditing Committee when one or more of the conditions specified in subsection (1) have occurred or will occur if action is not taken to assist a local governmental entity. (3) Upon notification that one or more of the conditions in subsection (1) exist, the Governor or his or her designee shall contact the local governmental entity to determine what actions have been taken by the local governmental entity to resolve the financial emergency. The Governor has the authority to implement measures as set forth in ss. 218.50-218.504 to resolve the financial emergency. Such measures may include, but are not limited to: (a) Requiring approval of the local governmental entity's budget by the Governor. (b) Authorizing a state loan to the local governmental entity and providing for repayment of same. (c) Prohibiting a local governmental entity from issuing bonds, notes, certificates of indebtedness, or any other form of debt until such time as it is no longer subject to this section. (d) Making such inspections and reviews of records, information, reports, and assets of the local governmental entity, in which inspections and reviews the appropriate local officials shall cooperate. (e) Consulting with the officials of the local governmental entity and the appropriate state agency regarding any steps necessary to bring the books of account, accounting systems, financial procedures, and reports into compliance with state requirements. (f) Providing technical assistance to the local governmental entity. (g) 1. Establishing a financial emergencies board to oversee the activities of the local governmental entity. The board, if established, shall be appointed by the Governor. The Governor shall select a chair and such other officers as are necessary. The board shall adopt such rules as are necessary for conducting board business. The board may: a. Make such reviews of records, reports, and assets of the local governmental entity as are needed. b. Consult with the officials of the local governmental entity and appropriate state officials regarding any steps necessary to bring the books of account, accounting systems, financial procedures, and reports of the local governmental entity into compliance with state requirements. c. Review the operations, management, efficiency, productivity, and financing of functions and operations of the local governmental entity. 2. The recommendations and reports made by the board must be submitted to the Governor for appropriate action, (h) Requiring and approving a plan, to be prepared by the appropriate state agency it' conjunction with the local governmental entity, prescribing actions that will cause the local governmental entity to no longer be subject to this section. The plan must include, but need not be limited to: ~ ----".---.," ... . ,-....- ATTACHMENT A Page 6 of6 16C5 1. Provision for payment in full of all payments due or to come due on debt obligations, pension payments, and all payments and charges imposed or mandated by federal or state la.w and for all judgments and past due accounts, as priority items of expenditures. 2. Establishment of a basis of priority budgeting or zero-based budgeting, so as to eliminate low-priority items that are not affordable. 3. The prohibition of a level of operations which can be sustained only with nonrecurring revenues. (4) During the financial emergency period, the local governmental entity may not seek application of laws under the bankruptcy provisions of the United States Constitution except with the prior approval of the Governor. History.--s. 8, ch. 79-183; s. 54, ch. 89-169; s. 1180, ch. 95-147; s. 27, ch. 96-324; s. 29, ch. 97- 96. 218.504 Cessation of state action.-- The Governor has the authority to terminate all state actions pursuant to ss. 218.50-218.504. Cessation of state action must not occur until the Governor has determined that: (1) The local governmental entity: (a) Has established and is operating an effective financial accounting and reporting system. (b) Has corrected or eliminated the fiscal emergency conditions outlined in s. 218.503. (2) No new fiscal emergency conditions exist. History.--s. 8, ch. 79-183; s. 28, ch. 96-324. .._, --'<'~'.'- . 16C5 COlliER COUNTY DAVID C. WEIGEL COLLIER COUNTY ATTORNEY 3301 Tamiami Trail East Naples, Florida 34112-4902 Heidi F. Ashton Telephone: (239) 774-8400 Jennifer A. Belpedio Ellen T. Chadwell FAX: (239) 774-0225 Jeffrey A. Klatzkow William E. Mountford Thomas C. Palmer , Michael W. Pettit Jacqueline Hubbard Robinson Marjorie M. Student Scott R. Teach Patrick G. White February 3, 2004 Robert N. Zachary TO: Florida Department of Environmental Protection Re: DEP ID No. FLA014135. South County Water Reclamation Facility Injection WeIlIW-1. 5211C00303 To whom it may concern: I, the undersigned, am an Assistant County Attorney for the County of Collier, Florida, a political subdivision of the State of Florida. This letter is to attest, pursuant to Rule 62-528.435(9), Florida Administrative Code, as follows: 1. Collier County, Florida, is a "local government" as defined in subsection 218.502, Florida Statutes; and 2. Collier County, as an entity, is covered by the provision of Part V of Chapter 218, Florida Statutes. Sincerely yours, L~~ ?A-- Thomas C. Palmer Assistant County Attorney ~_.~ ~^_..... 1601-- , ,~ ." MEMORANDUM Date: February 25, 2004 To: Jacqueline Hubbard Robinson Assistant County Attorney From: Linda A. Houtzer, Deputy Clerk Minutes & Records Department Re: Settlement Agreement between Department of Children and Family Services and Immokalee Community Park, Collier County Parks and Recreation Enclosed please find two (2 ) certified copies of the document as referenced above, Agenda Item #16Dl, approved by the Board of County Commissioners on February 24, 2004. The original agreement is being retained for the record. If you should have any questions, please contact me at 774- 8411. Thank you. enclosures "_._-~- .. -....-..-.-.-" -~.- - l€efJa :". '''--'' l t- .f . STATE OF FLORIDA .. I 'Iii "rr~.: If die:. ~ I ",...... ~ ...,.. , ,\ I I jc.,' II' ;,.-, DIVISION OF ADMINISTRATIVE HEARINGS . ...._.J; if 'vI" v' ?nn' - "-. .......'t Ffp ,_C" /' ~-' J '-'.'f 'i, I: 4,3 DEPARTMENT OF CHILDREN AND FAMILY SERVICES, Case No. 03-4719 Petitioner, v. IMMOKALEE COMMUNITY PARK COLLIER COUNTY PARKS AND RECREATION, Respondent. I SETTLEMENT AGREEMENT This Settlement Agreement is entered into by and between the Florida Department of Children and Family Services (hereinafter "DCFS") and Immokalee Community Park Collier County Parks and Recreation (hereinafter "Respondent") : WHEREAS, Respondent is licensed as a child care facility, License Number 088163-F, effective August 31, 2003 through August 31, 2004; and WHEREAS, DCFS is the state agency responsible for the licensure of child care facilities; and WHEREAS, DCFS issued an Administrative Complaint to Respondent seeking to impose a fine of $1 ,625.00; and WHEREAS, Respondent objected to the Administrative Complaint and filed a timely request for hearing; and ^."--"",,-,-, ~ 1601 WHEREAS, DCFS and Respondent have determined that it is in their best interests to avoid additional time and expenditures relating to the pending matter, and to arrive at an amicable resolution of this matter; NOW, THEREFORE, in consideration and reliance upon the mutual representations contained herein, DCFS and Respondent hereby STIPULATE AND AGREE as follows: 1) Respondent does not contest the allegations contained in paragraphs 3 - 8,10, and 12. 2) Respondent maintains the cited violations occurred in a vacation day camp program which is exempt from the requirements of licensure under Section 402.302(2)(c,d), Florida Statutes. DCFS maintains the program is required to be licensed. 3) Respondent, while objecting to licensure and preserving the issue of exemption from licensure, nevertheless accepts the issuance of the Administrative Complaint and the imposition of a fine. 4) DCFS acknowledges that all involved employees of Respondent have been appropriately disciplined. 5) DCFS agrees to reduce the fine in paragraph 9 for lack of supervision from $1.050.00 to $650.00. DCFS agrees to reduce the fine in paragraph 11 from $75.00 to $25.00, and the fine in paragraph 13 from $500.00 to $250.00. The total fine is therefore reduced to $925.00. 2 "--'-'---'~~'-"""'- ~.....<-,.;._,~ ____'K" 1601 6) Within forty-five (45) days from the date of the last signature on this Settlement Agreement, Respondent will pay to DCFS the sum of $925.00 for the violations herein. 7) The parties understand and agree that, except as expressly reserved herein, this Settlement Agreement expresses the full and complete settlement and that there is no agreement or reservation not clearly expressed herein, and that this Settlement Agreement is intended to avoid any further litigation and be final. 8) By executing this Settlement Agreement, neither DCFS nor Respondent concede or relinquish any rights, duties, or obligations they may otherwise have with respect to the findings in any other proceeding arising hereafter. 9) Each person who executes this Settlement Agreement in a representative capacity warrants that he or she is duly authorized to do so. 10) The parties agree to bear its own costs and attorney's fees in pursuit of this litigation. 11 ) This Settlement Agreement is a legal and biding document, fully enforceable against all parties. This Settlement Agreement will be submitted to the Division of Administrative Hearings to be adopted and approved by Final Order of the Department. 12) This Settlement Agreement shall be effective on the date of the last signatory hereto. 3 --.-.- ---'._-,.",. -.. "_.'-'~-'-' ...--.. State of Florida Immokalee Community Park Department of Children and Collier County Parks & 1 ,t PI ~ Family Services Recreation ,'. ':"0' [..;), Jl , ~ 'ft r Jl · l-/' . ~~1 (,1 ~-)( , vel.k-L ~b <. EUGE~IE G. HAK CQl:JELlNE W. HUBBARD Chief Legal Counsel ssistant County Attorney Florida Bar No. 255084 lorida Bar No. 468126 Post Office Box 60085 Office of the County Attorney Fort Myers, FL 33906 3301 East Tamiami Trail, 8th Floor (239) 338-1427 Naples, FL 34112 (239) 774-8400 Dated: rA))iX'f1 5, }='{ Dated: c2/ ['3 J !JV1 I; COLLIER COUNTY: ATTEST: DWIGHT E. BROCK, Clerk of BOARD OF COUNTY Courts of Collier County, Florida COMMISSIONERS OF COLLIER COUNTY, ORIDA ~J~ A FIALA, Chairman Date: Approved as to form and legal sufficiency: Item # lie D l Agenda ~!:l L/{Q'-/ Date Dat~ ~/d. 5/0'1 Reed , ifrilW ~ , puty Cler 4 -_._.~ ~- 16E3 MEMORANDUM Date: February 25, 2004 To: Jeff Walker, Director Risk Management Department From: Linda A. Houtzer, Deputy Clerk Minutes & Records Department Re: Amendment to the contract between Collier County and Willis, Incorporated Enclosed please find a copy of the document referenced above, Agenda Item #16E3, approved by the Board on Tuesday, February 24, 2004. If you should have any questions, please feel free to call me at 774-8411. Thank you. Enclosure ~--_._, . _ >'m"."u.___~,_,>"._.~,~,,__." _, ""~".'_ Fee 11 04 02:33p p.2 16E 3 AMENDMENT TO CONTRACT BETWEEN TH E COLLIER COUNTY BOARD OF COMMISSIONERS AND WILLIS, INCORPORATED This AMENDMENT TO CONTRACT effective October 1, 2003 is entered into this day of , 2004, by and between Collier County Board of Commissioners, Collier County, Florida (the "COUNTY") and Willis, Inc., a Tennessee Corporation (the "CONTRACTOR"). WITNESSETH WHEREAS, the COUNTY and CONTRACTOR did on October 1, 2000 execute and deliver a "Group Benefits Insurance Consulting Services" Agreement (the "Agreement"); and, WHEREAS, the COUNTY and CONTRACTOR desire to amend the Agreement pursuant to the terms of this Amendment in order to more effectively identify needed services and their associated costs; and WHEREAS, the COUNTY approved by motion and majority vote in public session to agree to amend the agreement regarding fees and commissions; and, WHEREAS, the COUNTY desires the services of the CONTRACTOR to perform Group Benefits Insurance and Actuarial Consulting Servicesj and WHEREAS, the CONTRACTOR represents that it is capable of providing the services required by the COUNTY. Now Therefore, in consideration of the mutual promises contained herein and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto do agree to amend the agreement as follows: Appendix A- Actuarial Services Fee Schedule is replaced as follows: Appendix A- Actuarial and Brokerage Services Fee Schedule As full consideration for providing the goods and services required by this CONTRACT, the COUNTY shall pay the CONTRACTOR the amounts shown in the FEE SCHEDULE hereinafter stated in this AMENDMENT TO CONTRACT if a particular service or services Is/are utilized during the contract period. It is agreed between the COUNTY and the CONTRACTOR that the scheduled fee shall be billed on a monthly installment for the term of the Agreement beginning with the first payment payable on August 1, 2002. All insurance coverages purchased by the COUNTY under this CONTRACT which are fully or partially funded by the COUNTY shall be purchased net of commission. The CONTRACTOR shall not accept a commission unless an insurance company has a legal requirement to pay the CONTRACTOR a commission for a line or lines of insurance purchased by the COUNTY. If that situation occurs, the CONTRACTOR shall accept the smallest amount of commission available from the insurance company and shall fully disclose the amount of commission to the COUNTY. If an Insurance company pays a commission to the CONTRACTOR, the parties agree that the scheduled fee shall be subject to renegotiation by the COUNTY. The CONTRACTOR may be required to provide either annually or on a scheduled payment basis, an appropriate commission statement as 1 - - --..- --- . .. Feb 11 04 02:33p p.3 16E 3 proof that commissions were not paid. The CONTRACTOR shall be permitted to accept commissions on insurance coverage that is 100% employee paid. The acceptance of a commission that is not in compliance with the provisions of this paragraph shall be considered a violation of the agreement and may be grounds for termination of this CONTRACT. Appendix A- Actuarial Services and Brokerage Fee Schedule Service Maximum Fee 1. Prepare historical trend, demographic analysis and rate analysis. Develop aggregate $10,500 medical, pharmacy, dental, life, disability and discount vision pian costs for existing plans. Produce rates for budClet to include employer and employee contributions. 2. Update the benefit philosophy report. $2,000 3. Complete an annual Critical Factors Analysis Report to Identify sources of causation $16,500 and to identify cost drivers. 4. Model benefit plan design changes to include changes in deductible levels; co- $15,000 insurance levels; co-pay levels; and pharmacy benefits. Update contribution strategy, rate and cost comparisons and finalize a global budget for each plan design offered. Does not include a Consumer Driven Health Plan Study. Includes up to 10 benefit plan models ($1,500 per plan model). Models in excess of 10 will be billed on an hourly basis. This item is exclusive of # 12. 5. Prepare the annual F.S. 112.08 study; submit the report and respond to the $4,500 Deoartment of Insurance inquiries as needed, Report to be submitted by December 15. 6. Update the IBN R portion of the FS 112.0B study as of March 31. $3,500 7. Prepare quarterly cost to budget reports including high level causation analysis $10,000 ($2 500 oer reoort), B. Provide support in writing quarterly newsletters ($1,875 per newsletter). $7,500 9. Update the annual Enrollmel1t Booklet and Enrollmel1t forms (price does not include the $5,000 cost of printlnq). 10. Conduct employee focus groups (includes preparation and up to 5 days of sessions) $15,000 and oreDare a written report of findinas. 11. Conduct management interviews for a Consumer Driven Health Plan model and $3,000 prepare a benefit philosophy report. 12. Prepare a Consumer Driven Health Plan study to determine its feasibility; complete $19,000 data collection; develop historical trend analysis; perform demographic analysis; develop rate and cost comparisons; develop aggregate medical, pharmacy rates; finalize a global budget for each plan design offered. Includes up to 10 benefit plan models. Models in excess of 10 will be billed on an hourly basis. This item is exclusive of #4. 13. Prepare the annual enrollment booklet for a Consumer Driven Health Plan, enrollment $20,000 forms, and miscellaneous communications materials for a Consumer Driven Health Plan imnlementation (does not include orintina costs). Includes #9 above. 14. Conduct on-site enrollment meetings for a Consumer Driven Health Plan including $10,000 preparation and documentation. Includes UP to 5 days of sessions ($2 000 per day). 15. Prepare a summary report summarizing the Consumer Driven Health Plan $7,000 implementation successes and identifying opportunities for improvement; prepare an action plan and present. Report to be comoleted within 30 days after imolementation. 16. Provide support for miscellaneous Collier Healthcare Purchasing Cooperative activities $14,000 including but not limited to attendance at monthly meetings, medical and pharmacy data analysis, Community Health Partners contract monitoring, risk sharing analysis, and outcomes analysis. 17. Miscellaneous advice, support and documents including but not limited to the $5,000 administration of HIPAA, COBRA, IRS law changes, the interpretation of state and federal regulations and general advice on benefit plan legal, philosophy and administrative interoretatlo n( s), lB. Provide insurance brokerage services to include the preparation of an RFP for TPA $24,000 services; the presentation of Pharmacy Benefit Management programs; the bidding of stop loss coverage, life and accidental death insurance, dental, and ancillary insurance coveraqe as needed. 19. Hourlv Rate not otherwise included aoove. $150/hour All rates include the cost of travel lodqinQ meals and associated expenses. 2 ..- -- _. -_. - ~ -- . . Feb 11 04 02:34p p.4 Each year, the CONTRACTOR shall present a work plan to the COUNTY by August 16 E 3 15th for the following fiscal year. Services included within the fee schedule above and any other increases to the scope of work as set forth under Appendix A may be approved by the project manager for completion, provided that the increases do not cumulatively exceed ten percent of the Board-approval amount. The Director of Risk Management is the designated project manager for this contract. All other provisions of the original CONTRACT, effective October 1, 2000 remain in full force and effect. The parties or their duly authorized representatives hereby execute this AMENDMENT TO CONTRACT on the date written above. BOARD OF COUNTY COMMISSIONERS COLLIER CO TY, FLORIDA WITNESSETH: .. Willis of Tennessee, Inc. BY: ~c;~ ~ ~-1~ ~~ ~ . -J Title: . - . . BY:~Z ~~ 5&[)\D\{ VI-Le- PV?~lJ~ CORPORATE SEAL: '; I'".. 1,\ Jip c._ 3. ~'J "" , .,' " r-i ii [' '4fJ4fot.f \ ":~:d~.j?- 51{)~ 'I Jofv;uioJ.* 3 -.... .~ --~ -, :; f\ - - AMENDMENT TO CONTRACT 16E3 BETWEEN THE COLLIER COUNTY BOARD OF COMMISSIONERS AND WILLIS, INCORPORATED This AMENDMENT TO CONTRACT effective October 1, 2003 is entered into this day of , 2004, by and between Collier County Board of Commissioners, Collier County, Florida (the "COUNTY") and Willis, Inc., a Tennessee Corporation (the "CONTRACTOR"). WITNESSETH WHEREAS, the COUNTY and CONTRACTOR did on October 1, 2000 execute and deliver a "Group Benefits Insurance Consulting Services" Agreement (the "Agreement"); and, WHEREAS, the COUNTY and CONTRACTOR desire to amend the Agreement pursuant to the terms of this Amendment in order to more effectively identify needed services and their associated costs; and WHEREAS, the COUNTY approved by motion and majority vote in public session to agree to amend the agreement regarding fees and commissions; and, WHEREAS, the COUNTY desires the services of the CONTRACTOR to perform Group Benefits Insurance and Actuarial Consulting Services; and WHEREAS, the CONTRACTOR represents that it is capable of providing the services required by the COUNTY. Now Therefore, in consideration of the mutual promises contained herein and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto do agree to amend the agreement as follows: Appendix A- Actuarial Services Fee Schedule is replaced as follows: Appendix A- Actuarial and Brokerage Services Fee Schedule As full consideration for providing the goods and services required by this CONTRACT, the COUNTY shall pay the CONTRACTOR the amounts shown in the FEE SCHEDULE hereinafter stated in this AMENDMENT TO CONTRACT if a particular service or services is/are utilized during the contract period. It is ag reed between the COUNTY and the CONTRACTOR that the scheduled fee shall be billed on a monthly installment for the term of the Agreement beginning with the first payment payable on August 1, 2002. All insurance coverages purchased by the COUNTY under this CONTRACT which are fully or partially funded by the COUNTY shall be purchased net of commission. The CONTRACTOR shall not accept a commission unless an insurance company has a legal requirement to pay the CONTRACTOR a commission for a line or lines of insurance purchased by the COUNTY. If that situation occurs, the CONTRACTOR shall accept the smallest amount of commission available from the insurance company and shall fully disclose the amount of commission to the COUNTY. If an insurance company pays a commission to the CONTRACTOR, the parties agree that the scheduled fee shall be subject to renegotiation by the COUNTY. The CONTRACTOR may be required to provide either annually or on a scheduled payment basis, an appropriate commission statement as 1 ----~._--~ - proof that commissions were not paid. The CONTRACTOR shall be permitted tol 6 E 3 accept commissions on insurance coverage that is 100% employee paid. The acceptance of a commission that is not in compliance with the provisions of this paragraph shall be considered a violation of the agreement and may be grounds for termination of this CONTRACT. Appendix A- Actuarial Services and Brokerage Fee Schedule Service Maximum Fee 1. Prepare historical trend, demographic analysis and rate analysis. Develop aggregate $10,500 medical, pharmacy, dental, life, disability and discount vision plan costs for existing plans. Produce rates for budaet to include emolover and emolovee contributions. 2. Update the benefit philosophy report. $2,000 3. Complete an annual Critical Factors Analysis Report to identify sources of causation $16,500 and to identify cost drivers. 4. Model benefit plan design changes to include changes in deductible levels; co- $15,000 insurance levels; co-pay levels; and pharmacy benefits. Update contribution strategy, rate and cost comparisons and finalize a global budget for each plan design offered. Does not include a Consumer Driven Health Plan Study. Includes up to 10 benefit plan models ($1,500 per plan model). Models in excess of 10 will be billed on an hourly basis. This item is exclusive of #12. 5. Prepare the annual F.S. 112.08 study; submit the report and respond to the $4,500 Department of Insurance inquiries as needed. Reoort to be submitted bv December 15. 6. Update the IBNR portion of the FS 112.08 study as of March 31. $3,500 7. Prepare quarterly cost to budget reports including high level causation analysis $10,000 ($2,500 oer reoort). 8. Provide support in writing quarterly newsletters ($1,875 per newsletter). $7,500 9. Update the annual Enrollment Booklet and Enrollment forms (price does not include the $5,000 cost of orintina). 10. Conduct employee focus groups (includes preparation and up to 5 days of sessions) $15,000 and oreoare a written reoort of findinas. 11. Conduct management interviews for a Consumer Driven Health Plan model and $3,000 prepare a benefit philosophy report. 12. Prepare a Consumer Driven Health Plan study to determine its feasibility; complete $19,000 data collection; develop historical trend analysis; perform demographic analysis; develop rate and cost comparisons; develop aggregate medical, pharmacy rates; finalize a global budget for each plan design offered. Includes up to 10 benefit plan models. Models in excess of 10 will be billed on an hourlv basis. This item is exclusive of #4. 13. Prepare the annual enrollment booklet for a Consumer Driven Health Plan, enrollment $20,000 forms, and miscellaneous communications materials for a Consumer Driven Health Plan implementation (does not include printinG costs). Includes #9 above. 14. Conduct on-site enrollment meetings for a Consumer Driven Health Plan including $10,000 preparation and documentation. Includes uo to 5 days of sessions ($2.000 oer day). 15. Prepare a summary report summarizing the Consumer Driven Health Plan $7,000 implementation successes and identifying opportunities for improvement; prepare an action plan and oresent. Reoort to be comoleted within 30 days after imolementation. 16. Provide support for miscellaneous Collier Healthcare Purchasing Cooperative activities $14,000 including but not limited to attendance at monthly meetings, medical and pharmacy data analysis, Community Health Partners contract monitoring, risk sharing analysis, and outcomes analvsis. 17. Miscellaneous advice, support and documents including but not limited to the $5,000 administration of HIPAA, COBRA, IRS law changes, the interpretation of state and federal regulations and general advice on benefit plan legal, philosophy and administrative interpretation( s). 18. Provide insurance brokerage services to include the preparation of an RFP for TPA $24,000 services; the presentation of Pharmacy Benefit Management programs; the bidding of stop loss coverage, life and accidental death insurance, dental, and ancillary insurance coveraqe as needed. 19. Hourlv Rate not otherwise included above. $15o/hour All rates include the cost of travel, lodaino meals and associated exoenses. 2 .- --~- .~-~..,..~~~-- _'.....mn_"_". - Each year, the CONTRACTOR shall present a work plan to the COUNTY by Augul 6 E 3 15th for the following fiscal year. Services included within the fee schedule above and any other increases to the scope of work as set forth under Appendix A may be approved by the project manager for completion, provided that the increases do not cumulatively exceed ten percent of the Board-approval amount. The Director of Risk Management is the designated project manager for this contract. All other provisions of the original CONTRACT, effective October 1, 2000 remain in full force a nd effect. The parties or their duly authorized representatives hereby execute this AMENDMENT TO CONTRACT on the date written above. DATED: BOARD OF COUNTY COMMISSIONERS ATTEST: COLLIER COUNTY, FLORIDA DWIGHT E. BROCK, CLERK BY: BY: Deputy Clerk Commissioner Donna Fiala, CHAIRMAN ILLIAM MOUNTFORD, ASS TANT COUNTY ATTORNEY -'--/1/ I If) '1 WITNESSETH: Willis of Tennessee, Inc. BY: Title: BY: CORPORATE SEAL: '""'^~ ',., 1'1 .J ~~~. ! j1"r;; h' , j ! " r~qend;1~f~~t{)'f j ~~t~! ~t:LSlO4. ,c,cd .... '- j I~~ ~ . ,.... ... ~' . J ..~- .::y CiC'ii" " '~....._-.._^",. ,.--- '-'..-..-'," ,........-.......... 3 :' 161 1 BOARD OF COUNTY COMMISSIONERS MISCELLANEOUS CORRESPONDENCE February 24, 2004 FOR BOARD ACTION: 1. MISCELLANEOUS ITEMS TO FILE FOR RECORD WITH ACTION AS DIRECTED: A. Clerk of Courts: Submitted for public record, pursuant to Florida Statutes, Chapter 136.06(1), the disbursements for the Board of County Commissioners for the period: 1. Disbursements for January 3, 2004 through January 9,2004. 2. Disbursements for January 10,2004 through January 16, 2004. 3. Disbursements for January 17, 2004 through January 23, 2004. 4. Disbursements for January 24,2004 through January 30, 2004. H:Data/Format '-'..," ~.- .""--, REct~ 1 Clerk of the Circuit Court CE8 [) 2 2004 Collier County, Florida Board Countv Commissioners Finance & Accounting Department MEMORANDUM Date: 01/09/04 To: Board of County Commissioners From: Constance C. Murray, General Operations Manager Finance Department/Clerk to the Board Re: Board of County Commissioners Disbursements Please find attached a listing of the disbursements for the Board of County Commissioners for the period January 3,2004 through January 9,2004. In accordance with Florida Statutes, Chapter 136.06(1) I request that these reports be included as miscellaneous correspondence to the Board of County Commissioners and made part of the official records. If you have any questions regarding this correspondence, please telephone me at 774- 8481. \L" T. ".,. ,.. fi::f~~C. 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"l Z ~ ~ ~ () () ~ ~ 'U '0 o 0 'U ~ ~ ~ ~ to to ~ n n ~ UJ UJ ~ ;J> ;J> UJ [f) 'TJ 'TJ 'TJ ~ ~ 'TJ ~ ~ 09 rn: ~ l!l ro "- ro " w .. .. 0 "- '" 0 0 "" "- ~ ~ ~ ~ .. ~ ~ ri en n C" -~_. "_._," .-...... >-J gi 0 ". OJ .~.., >-' 0 ,." 1 611 gc >-' ,,, ::l .;,;j' ". >;t, 'i ~H f-'. ro a [Jl c: [f] tl en '" '.E () 00 m w () "' ;,,- 'i ro lD f-'. [Jl ". ro 'i ;,9 fir i3 lD ro '- ~ ~ w 0 '- '" 0 0 ",. '- ,... 3: ,... >l:> c: en :u .. ~ ~ ~ en - --~.. () f-' ,...._~ - _.~ . 1 () I 1 Clerk of the Circuit Court RECEIVED Collier County, Florida ;: 1- B 0 4 2004 bOde ,it Gun!! ',O!!!1ll1' '. I 'I' '., \) .€rs Finance & Accounting Department MEMORANDUM Date: 01116/04 To: Board of County Commissioners From: Constance C. Murray, General Operations Manager Finance Department/Clerk to the Board Re: Board of County Commissioners Disbursements Please find attached a listing of the disbursements for the Board of County Commissioners for the period January 10, 2004 through January 16, 2004. 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I JP ro :0 rt 'i 1-" ro Ul ... --- "- c: (J) tJ w >-' "" n f-' f{ 00 n U1 ;0- ... 'i '" ro 00 lQ 1-" Ul rt (1) 'i I / III ft 8 lQ (1) "- ro 'i w .. .. 0 "- tV 0 0 ... "- 1<1.. >-' 3: >-' .tj. '" c: U1 .rF :u .. .?!... ~ 3 S" rl W ..<:.... .0.... () o. .~;> .j:L.. ----.- J. 61 1 Clerk of the Circuit Court RECEIVED -.~ 0 ~ 2004 Collier County, Florida Qunt) Commissioners ','1' Finance & Accounting Department MEMORANDUM Date: 01/30/04 To: Board of County Commissioners From: Constance C. Murray, General Operations Manager Finance Department/Clerk to the Board Re: Board of County Commissioners Disbursements Please find attached a listing of the disbursements for the Board of County Commissioners for the period January 24,2004 through January 30,2004. In accordance with Florida Statutes, Chapter 136.06(1) I request that these reports be included as miscellaneous correspondence to the Board of County Commissioners and made part of the official records. 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'1j ~ ~ ~ ~ '1j '1j '1j '1j ~ ~ ~ ~ "l ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ (I) "l Cf) Cf) (f) (() ~ "l (I) (J) "l "l "l "l ~ (I) (I) ~ ~ ~ ~ fll III "l "l ~ ~ a;'m~ to (1) , (1) 'i l .. .. ( , ( ( >-' ~t o. ~ ~( ('J, ()( ..,,",.-,...---." ,.,.---- * " * C r p , 1 ( , ~ , [ ( t , ( I c:: [f) tJ o. w '" U1 I-' 0 U1 \D W 09 fi lQ n (1) " >-' , {Jl ~ , t ( ( --~--- ~-....,., - COLLIER COUNTY FLORIDA (i) REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS To: Clerk to the Board: Please place the following as a: t/ t/ t/ Normal legal Advertisement o Other: 17A (Display Adv., location, etc.) . ' , ******************************************************************************************** Originating Deptl Div: Comm.Dev.Serv./Planning * Person: Rick Grigg 2800 North Horseshoe Dr. 1Z1c::.~ 6rz:J ~ Naples, Fl. 34104 (239) 659 - 5731 * Put name & phone number in advertisement. Date: January 16, 2004 Petition No. (If none, give brief description): A VPLA T2003-AR4683 (VILLA FONTANA UNIT ONE LOT 4) Petitioner: (Name & Address): Mark & Patsy Hansen 112 Fountain Circle Naples, Fl 34119 Name & Address of any person(s) to be notified by Clerk's Office: (If more space is needed, attach separate sheet) 1) There is no Agent. 2) See list of abutting owners. Hearing before t/ t/ t/ BCC BZA Other Requested Hearing date: FEBRUARY 24, 2004 Newspaper(s) to be used: (Complete only if important): t/ t/ t/ Naples Daily News Other t/ t/ t/ Legally Required Proposed Text: (Include legal description & common location & Size: PETITION A VPLA T2003-AR4683 TO DISCLAIM, RENOUNCE AND VACATE TIlE COUNTY'S AND TIlE PUBLIC'S INTEREST IN A PORTION OF THE 15 FOOT WIDE COUNTY UTILITY EASEMENT LOCATED ALONG TIlE REAR OF LOT 4, ACCORDING TO THE PLAT OF "VILLA FONTANA UNIT ONE" AS RECORDED IN PLAT BOOK 16, PAGES 71 THROUGH 72, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. LOCATED IN SECTION 8, TOWNSHIP 49 SOUTH, RANGE 26 EAST. Companion petition(s), if any & proposed hearing date: Does Petition Fee include advertising cost? t/ t/ t/ Yes 0 No If Yes,. what account should be charged for advertising costs: For Advertising costs, charge to: P.O. 912501 For Recording costs, charge to: 113-138320-649030 3::L~.4l Approved by: I!I~/dl Department Director Date County Administrator Date List Attachments: 1) RESOLUTION WITH EXHIBIT "A" 2) SEE LIST OF ADJACENT OWNERS DISTRIBUTION INSTRUCflONS A. For hearings before BCC or BZA: Initiating penon to complete one copy and obtain Division Head approval before submitting to County Manager. Note: If legal document is involved, be sure tbat any necessary legal review, or request for same, is submitted to County Attorney before submitting to County Manager. The Manager's office will distribute copies: t/ t/ t/ County Manager agenda me: t/ t/ t/ Requesting Division t/ t/ t/ Original to Clerk's Office B. Other hearings: Initiating Division head to approve and submit original to Oerk's Office, retaining a copy for file. ******************************************************.***..**********.********************* FOR CLERK'S OFFICE USE ONI~r .. l /2 i ~ t.I Date Received: 71 b 0 ~ Date of Public hearing: Z H oLl Date Advertised: .0 ~ --"",,,.- ~..~...._-~.....-..---,._'_'_''''''''_-_''~''__'''' - _._"-- .-. . -, .._-"""-,--,,p.- ~_....__.,.^-,,-_.",..,,". --- ~-- 17A '~ ~ ~~ RESOLUTION NO. 2004- A RESOLUTION OF THE COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS FOR PETITION A VPLA T2003-AR4683 TO DISCLAIM, RENOUNCE AND VACATE THE COUNTY'S AND THE PUBLIC'S INTEREST IN A PORTION OF THE 15 FOOT WIDE COUNTY UTILITY EASEMENT LOCATED ALONG THE REAR OF LOT 4, ACCORDING TO THE PLAT OF "VILLA FONT ANA UNIT ONE" AS RECORDED IN PLAT BOOK 16, PAGES 71 THROUGH 72, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. LOCATED IN SECTION 8, TOWNSHIP 49 SOUTH, RANGE 26 EAST. WHEREAS, pursuant to Section 177.101, Florida Statutes, Mark and Patsy Hansen, Petitioners, do hereby request the vacation of a portion of the 15 foot wide County Utility Easement located along the rear of Lot 4, according to the plat of "Villa Fontana Unit One" as recorded in Plat Book 16, Pages 71 through 72, Public Records of Collier County, Florida; and WHEREAS, the Board has this day held a public hearing to consider vacating a portion of the 15 foot wide County Utility Easement located along the rear of Lot 4, according to the plat of "Villa Fontana Unit One," as more fully described below, and notice of said public hearing to vacate was given as required by law; and WHEREAS, the granting of the vacation will not adversely affect the ownership or right of convenient access of other property owners. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the County's easement interests over and across the following portion of the 15 foot wide County Utility Easement are hereby vacated, extinguished, renounced and disclaimed, and this action is declared to be in the Public's interest and for the Public's benefit: See Exhibit "A" attached hereto and incorporated herein. Page 1 of2 17A "":'1 BE IT FURTHER RESOLVED, that the Clerk to the Board is hereby directed to record a certified copy of this Resolution in the Official Records of Collier County, Florida, and to make proper notation of this vacation on the recorded plat as referenced above. This Resolution is adopted this day of ,2004, after motion, second and majority vote favoring same. DATED: ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA BY: Deputy Clerk Chairman Approved as to form and legal sufficiency: Page 2 of2 17A ......~ EXHIBIT "A" SHEET 1 OF 2 A VPLA T2003-AR4683 LEGAL DESCRIPTION PARTIAL EASEMENT VACATION Being a part of Lot 4, VILLA FONT ANA, UNIT ONE recorded in Plat Book 16, Pages 71 and 72 of the Public Records of Collier County, Florida, being more particularly described as follows: Commencing at the Southwest comer of Lot 4, VILLA FONTANA, UNIT ONE recorded in Plat Book 16, Pages 71 and 72 of the Public Records of Collier County, Florida and run N 56051' 13 "W for 15.0 feet; thence run N3 3 008'4 7"E for 5.0 feet to the Point of Beginning of said easement vacation; thence continue N33008'47"E for 44.0 feet; thence run S56051 '13"E for 5.0 feet; thence S33008'47"W for 44.0 feet; thence N56051'13"W for 5.0 feet to the Point of Beginning, subject to restrictions and reservations of record containing 220.0 square feet. Prepared by: CLec:.~ 'OJ 1% 03 Carol E. Nelson, P.L.S. 330 Wilson Boulevard Naples, Florida 34117 Date: Oct. 17, 2003 "._..___..._____'._.0.___._ ._'m'____ EXHIBIT "A" 1 7 A SKETCH OF SHEET 2 OF 2 A VPLA T2003-AR4683 LEGAL DESCRIPTION SECTION 8, TOWNSHIP 49 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA LOT 3 "- '\ SO'6'. ~ 0 "$,- e. ~0,lJ'~ / ~~o "- LOT 4 ~~~ / -~ "- Z. 'Y. s.~ n u~v~ , - ~I l}e, ~ 1 -i~.f(~ ~ P. O. B. ~/ 00 4')- '8>_ "- 1'0'6'. "- ;S,. "- , J'-- Ir ""- LOT 5 0' 1'~'O- Legal Description: 6':s- 'iJ' LOT 4, VILLA FONTANA, UNIT ONE J" recorded in Plat. Book 16, page$ 71 and 72 of the Public Records of Collier Coun ty, Florida SOUTHWEST CORNER OF LOT 4, VILLA FONTANA, UNIT ONE BEARING DELTA ~ AL/o~% N14'59'33"W 22'01'32" THIS IS NOT A SURVEY. BY: .JI~ ~~..7 03 POB=POINT OF BEGINNING CAROL E. NELSON, PLS POC=POINT OF COMMENCEMENT FLORIDA REG. NO. 5013 DESCRIPTION: CAROL E. NELSON, P.A. PROFESSIONAL LAND SURVEYOR PARTIAL EASEMENT 330 Will30N BOULEVARD SOUTH NAPLES( FLORIDA 34117-9364 239) 304-0055 VACATION SCALE: 1"=20.0' DWG. FILE: SHEET DATE: OCT 2003 CHK. BY: C.E.N. VILFONT04A 1 OF 1 _._._..___..,_.___.,.._'M ._-".,-". _~ '..u - -~_.._-~----"--'-"-'-'-'- Ii -. .--. 17A J' I <( ! \ . a.. ' ~ 1 i == \ ~ ~ i I" I ~ "". '~""r. ) ~ ~ " ~ f{\ ILL.:.' ~~ o#~ f l J:IJ:'~ 'JJ . ~ "" C: . ' '], . ioa. ~ I -;2 I ~ . · \. zr~' ~ / i i~~ o :1) I, \ .y ~ Q!~ o 9" I ~. '" "' i ~%" I L lD v i! I .. ./ / "," ~ o~~ :>. -I ~ '" I . ~.. ^ r- ~ . _' / ~). 0 ;j; 1\ I ~ :5 I'" q..~' ~ '" ,~ a. ci Z hi r+- """ II N / ('~ d. ~ : ~ /' . ~ !;1 /' '?J,,-f) ,,"'. ~ ~~- / ~OJ ~~g / ",'" / ~~ / ~ / ,I II I , [/) o -'-" ~..r-ES ~. >-~ '-... w -,- "'" Z:x: 0 CO ~o. 50Uz ". 0 "t- ./,.., <C UJlD.....Q(I] ,~ Y. ~l- O~j r-.o' _: Z <( Vl w -:> )-. 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Parcel Page 1 of I Collier County Tax Collector at=: 61 7 A 3301 Tamiami Trail East, '3 Naples, FL 34112-4997 R IZ 4-CoS3 2002 Tax Roll Inquiry System OWNER INFORMATION I PROPERTY INFORMATION Name:llpARISEAU, LEONARD F & DORIS C I Parcel:1l804725041 09 II Acre:1I0.00 Address: 1159 FOUNTAIN CIR ~159 FOUNTAIN CIR, NAPLES (Map) Address:1I I Legal:llvlLLA FONTANA UNIT ONE Address:1I I Legal:IILoT 31 Address:1I I Legal:1I Address:IINAPLES, FL 34119-4637 I Legal:1I VALUE/EXEMPTIONS TAX INFORMATION PAY TERMS PAYMENT INFO Taxble value:1I138974 County:1I543.65 Nov:1I1,918.62 Paid Dt :1111/13/02 Millage code:1I181 School St:1I604.40 Dec:1I1,938.60 Recpt:1I18050 Homestd Ex:1125000 Schoolloc:11356.05 Jan:1I1,958.59 Mach:1I09 Agricltr Ex:1I0 City Tax:1I0.00 I Feb:1I1,978.57 Paymt:1I1,918.62 Widow Ex:1I0 Dependt:1I135.11 Mar:111,99B.56 Mort:llo Blind Ex:llo Water:lI73.17 Apr:llo.oo STATUS INFO. Disabled:llo Independ:1I155.19 May:llo.oo Non Ad Va:llv Veteran Ex:llo Voter APpr:1I3.72 Wholly Ex:llo , * Gross Tax:1I1,99B.56 Installment I I N Civilian Ex:llo I Appr fee:llo.oo Deferred: II N Bankrupt::IIN Advertising:llo.oo TDA:llo I COMMENTS I 1* Non Ad Valorem Amount Included in Gross Tax I I NON AD VALOREM INFORMATION I !Type IIAuth# I!Auth Name IlPer IIAmount I IGarbage 119013 IIGARBAGE IIDIST 1 11127.27 I Last Updated: 10/2/2003 5 :OOpm http://www.colliertax.com/RecordDetail.asp?FolioID=804 72504109 ^'".....- -. ,._..-._---"._~.,,_..,.."-,--,.._._._.._.--- Parcel Page 1 of 1 Collier County Tax Collector 1~~ IlY," 3301 Tamiami Trail East, 4- of Lo 1 i.-\ Naples, FL 34112-4997 A 12: 4Cof33 2002 Tax Roll Inquiry System OWNER INFORMATION I PROPERTY INFORMATION Name:IIMAGALLANES, JOSE & NANCY L 1 Parcel:1I804 72504206 II Acre:llo.oO Address:1I61 FOUNTAIN CIR ~161 FOUNTAIN CIR, NAPLES (Map) Address:1I I Legal:llvlLLA FONTANA UNIT ONE Address:1I I Legal:IILOT 32 Address:1I I Legal:1I Address:IINAPLES, FL 34119-4637 I Legal:1I V ALUE/EXEMPTIONS TAX INFORMATION PAY TERMS PAYMENT INFO Taxble Value:1I144887 County:11566.79 Nov:1!1,995.07 Paid Dt :1102128/03 Millage code:1I181 School St1l630.11 Dec:1I2,015.85 Recptll13462 I Homestd Ex:llo schoolloc:1I371.20 Jan:1I2,036.64 Mach:1l05 1 Agricltr Ex:llo City Tax:llo.oo Feb:1!2,057.42 Paymt1l2,o57.42 I Widow Ex:llo Dependtll140.86 Mar:1I2,o78.2o Mort:1I0 1 Blind Ex:llo Water:1I76.29 Apr:llo.00 STATUS INFO. 1 Disabled:llo Independ:\I161.80 May:llo.oo Non Ad va:llv 1 Veteran Ex:llo Voter Appr:1I3.88 I Wholly Ex:llo * Gross Tax:112,078.20 InstallmentllN I Civilian Ex:llo Appr fee:llo.oo Deferred:IIN BankruPt:IIN Advertising:lIs.97 TDA:llo I COMMENTS 1* Non Ad Valorem Amount Included in Gross Tax I NON AD VALOREM INFORMATION IType IIAUlh # IIAUlh Name IIper IIAmount IGarbage 119013 IIGARBAGE lID1ST 1 11127.27 Last Updated: 101212003 5:00pm http://www .co Hi ertax. com/RecordDetail. asp?F 0 lioID=804 72504206 ~'..,-,- -, ..._~..-".._'. ""._~".._..._-,. "...,.. "',__M".__'" _._-,.,.._-_..,_.",.,~,"-_...-'_-"--""--"_--- _.____. ._n_ Parcel Page I of 1 Collier County Tax Collector 17A 3301 Tamiami Trail East, 6 0;:::' co Naples, FL 34112-4997 2002 Tax Roll Inquiry System R e.. 4(083 OWNER INFORMATION I PROPERTY INFORMATION Name:IIALAIMO, CHARLES E & MARVE ANN I Parcel: 11804 72504303 II Acre:llo.oo Address:1I63 FOUNTAIN CIR ~163 FOUNTAIN CIR, NAPLES (Map) Address:lI I Legal:lIVILLA FONTANA UNIT ONE Address:lI I Legal:lILOT 33 Address:lI 1 Legal:1I Address:IINAPLES, FL 34119-4637 I Legal:1I VALUE/EXEMPTIONS I TAX INFORMATION PA Y TERMS PAYMENT INFO Taxble Value:11120777 I County:1I472.47 Nov:1I1,683.40 Paid Dt :1111/27/02 Millage Code:11181 I School S1:1I525.26 I Dec:1I1,700.93 Recpt:1I34804 Homestd Ex:1125000 1 Schoolloc:1l309.43 Jan:1I1,718.47 Mach: 1130 Agricltr Ex:llo I City Tax:llo.oo Feb:1I1,736.00 Paymt:1I1,683.40 Widow Ex:llo II Dependt:1I117.41 Mar:111,753.54 Mort: 11205248 Blind Ex:llo 1 I Water:1I63.59 Apr:llo.OO STATUS INFO. Disabled:llo I I Independ:1I134.87 May:llo.oo Non Ad va:llv Veteran Ex:llo II Voter APpr:1I3.24 Wholly Ex:llo I I * Gross Tax:111 ,753.54 Installment:lIN Civilian Ex:llo I I Appr fee:1l0.00 Deferred: II N BankrUPI::IIN 1 Advertising:llo.oo TDA:llo I COMMENTS 1* Non Ad Valorem Amount Included in Gross Tax 1 NON AD VALOREM INFORMATION IType IIAuth # !IAuth Name IIper IlAmount IGarbage 119013 IIGARBAGE IID1ST 1 11127.27 Backtb.SeatCl.h: I Last Updated: 1012/2003 5:00pm http://www .CO lliertax .com/RecordDetai1.asp ?Fo lioID=804 72504303 -. ~-,,--"._"..,-' ..~-_....^ Parcel Page 1 of 1 Collier County Tax Collector 17A 3301 Tamiami Trail East, t.o of &; Naples, FL 34112-4997 2002 Tax Roll Inquiry System R;Z: 4&'83 OWNER INFORMATION I PROPERTY INFORMATION Name:llwARNER, CHARLES M I Parcel:1I804 72504400 II Acre:llo.oo Address:1I65 FOUNTAIN CIR ~165 FOUNTAIN CIR, NAPLES (Map) Address:1I I Legal:IlVILLA FONTANA UNIT ONE Address:1I I Legal:IILoT 34 Address:1I I Legal:1I Address:IlNAPLES, FL 34119-4637 I Legal:1I V ALUE/EXEMPTIONS TAX INFORMATION PAY TERMS PAYMENT INFO Taxble value:1I113829 County:1I445.29 Nov:1I1,593.59 Paid Dt :1111/22/02 Millage Code:1I181 School St:1I495.04 Dec:1I1,610.19 Recpt:1l11056 Homestd Ex:1I25000 Schoolloc:1I291.63 Jan:1I1 ,626.79 Mach:1I3o Agricltr Ex:llo City Tax:llo.oo Feb:111 ,643.39 Paymt:1I1,593.59 Widow Ex:llo Dependtll11 0.67 Mar:1I1,659.99 Mort:1l101888 Blind Ex:llo Water:1159.93 APr:llo.oo STATUS INFO. Disabled:llo I Independ:11127.11 May:llo.oo I Non Ad Va:IIV Veteran Ex:llo I Voter APpr:1I3.o5 Wholly Ex:llo I * Gross Tax:111 ,659.99 I Installment:IIN Civilian Ex:llo I Appr fee:llo.oo I Deferred: II N I Bankrupt::lIN Advertising:llo.oo I TDA: II 0 I COMMENTS 1* Non Ad Valorem Amount Included in Gross Tax I I NON AD VALOREM INFORMATION I !Type IIAuth # IIAuth Name IIPer IIAmount I IGarbage 119013 IIGARBAGE IID1ST 1 11127.27 I Last Updated: 101212003 5:00pm http://www.colliertax.com/RecordDetail.asp?FolioID=804 72504400 --- ."----....- .. _.V_'.'~' ~-'""""'." -'-.-.--,--. -.- -, - Names and Addresses of Property Owners within 250 ft. of property located at 112 Fountain Circle 1 7~ z of 6:;; Property Owners to the North and North West I=f E. 4CPG.3 Sal and June Todaro No Objection letter is vacation letter 10 114 Fountain Circle This is one of the adjacent Naples, Florida 34119 property owners. Lot 3 Joe and Martha Bradley No Objection letter attached. Lot 2 116 Fountain Circle Naples, Florida 34119 Four J's Naples Realty LLC Lot I C/O Deloris Joy Beiser 20 Seagate Dr. Naples, FL 34103-2471 Property Owners to the South Frank and Virgina LaPlaca 114 Fountain Circle No Objection letter is vacation Lot 5 Naples, Florida 34119 letter #10. TIris is one of the adjacent property owners. William and Barbara King 102 Fountain Circle Naples, Florida 34119 Lot 6 Carl and Rosina Ascari Lot 7 100 Fountain Circle . Naples, Florida 34119 Roberta Carsello Uhlar Lot 8 96 Fountain Circle Naples, Florida 34119 Joesph and Rosemary Walley Lot 9 94 Fountain Cirlce Naples, Florida 34119 -"..--.... _.o,~ __,,_,,___" ,_,.M~_ 17A January 20, 2004 Attn: Georgia Naples Daily News 1075 Central Avenue Naples, Florida 34102 Re: AVPLAT2003-AR-4683 (Villa Fontana) Dear Georgia: Please advertise the above referenced notice on Sunday, February 1, 2004, and again on Sunday, February 8, 2004, and kindly send the Affidavits of Publication, in duplicate, together with charges involved to this office. Thank you. Sincerely, Linda A. Houtzer Deputy Clerk P.O.jAccount # 912501 17A NOTICE OF PUBLIC HEARING Notice is hereby given that the Board of County Commissioners of Collier County will hold a public hearing on Tuesday, February 24, 2004, in the Boardroom, 3rd Floor, Administration Building, Collier County Government Center, 3301 East Tamiami Trail, Naples, Florida. The meeting will begin at 9:00 A.M. THE BOARD TO CONSIDER PETITION AVPLAT 2003-AR4683 TO DISCLAIM, RENOUNCE AND VACATE THE COUNTY'S AND THE PUBLIC'S INTEREST IN A PORTION OF THE 15 FOOT WIDE COUNTY UTILITY EASEMENT LOCATED ALONG THE REAR OF LOT 4, ACCORDING TO THE PLAT OF "VILLA FONTANA UNIT ONE" AS RECORDED IN PLAT BOOK 16, PAGES 71 THROUGH 72, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. LOCATED IN SECTION 8, TOWNSHIP 49 SOUTH, RANGE 26 EAST. NOTE: All Persons wishing to speak on any agenda item must register with the County Administrator prior to presentation of the agenda item to be addressed. Individual speakers will be limited to 5 minutes on any item. The selection of an individual to speak on behalf of an organization or group is encouraged. If recognized by the Chair, a spokesperson for a group or organization may be allotted 10 minutes to speak on an item. Persons wishing to have written or graphic materials included in the Board agenda packets must submit said material a minimum of 3 weeks prior to the respective public hearing. In any case, written materials intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of seven days prior to the public hearing. All material used in presentations before the Board will become a permanent part of the record. Any person who decides to appeal a decision of the Board will need a record of the proceedings pertaining thereto and therefore, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is based. Any questions or concerns should be directed to Rick Grigg, Collier County Community Development/Planning Services Section at (239) 659-5731. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA DONNA FIALA, CHAIRMAN DWIGHT E. BROCK, CLERK By: Is/Linda A. Houtzer, Deputy Clerk (SEAL) --.<.-"'-,,- -- 17A January 20, 2004 Mark and Patsy Hansen 112 Fountain Circle Naples, FL 34119 Re: Notice of Public Hearing to consider Petition AVPLAT2003-AR4683j Villa Fontana Unit One Lot 4 Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, February 24, 2004, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, February 1, 2004, and again on Sunday, February 8, 2004. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK Linda A. Houtzer Deputy Clerk Enclosure '--"--~- .=---_..~_..._.."-..'"-'_.,._. 17A January 20, 2004 Sal and June Todaro 114 Fountain Circle Naples, FL 34119 Re: Notice of Public Hearing to consider Petition AVPLAT2003-AR4683i villa Fontana Unit One Lot 4 Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, February 24, 2004, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, February I, 2004, and again on Sunday, February 8, 2004. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK Linda A. Houtzer Deputy Clerk Enclosure _"<u__~,", ..~ ..--- 17A January 20, 2004 Joe and Martha Bradley 116 Fountain Circle Naples, FL 34119 Re: Notice of Public Hearing to consider Petition AVPLAT2003-AR4683i villa Fontana unit One Lot 4 Dear petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, February 24, 2004, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, February I, 2004, and again on Sunday, February 8, 2004. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK Linda A. Houtzer Deputy Clerk Enclosure -------.'. ._._-,.~,-,---_.~ ".-.'- 17A January 20, 2004 Four J's Naples Realty LLC C/o Deloris Joy Beiser 20 Seagate Drive Naples, Florida 34119 Re: Notice of Public Hearing to consider petition AVPLAT2003-AR4683i villa Fontana Unit One Lot 4 Dear petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, February 24, 2004, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, February 1, 2004, and again on Sunday, February 8, 2004. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK Linda A. Houtzer Deputy Clerk Enclosure _. ~__._"w^ ~~- 17A January 20, 2004 Frank and Virgina LaPlaca 114 Fountain Circle Naples, Florida 34119 Re: Notice of Public Hearing to consider Petition AVPLAT2003-AR4683i villa Fontana Unit One Lot 4 Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, February 24, 2004, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, February 1, 2004, and again on Sunday, February 8, 2004. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK Linda A. Houtzer Deputy Clerk Enclosure .~- 17A January 20, 2004 william and Barbara King 102 Fountain Circle Naples, Florida 34119 Re: Notice of Public Hearing to consider Petition AVPLAT2003-AR4683i villa Fontana Unit One Lot 4 Dear petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, February 24, 2004, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on sunday, February I, 2004, and again on Sunday, February 8, 2004. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK Linda A. Houtzer Deputy Clerk Enclosure "..-- 17A January 20, 2004 Carl and Rosina Ascari 100 Fountain Circle Naples, Florida 34119 Re: Notice of Public Hearing to consider Petition AVPLAT2003-AR4683i villa Fontana Unit One Lot 4 Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, February 24, 2004, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, February 1, 2004, and again on Sunday, February 8, 2004. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK Linda A. Houtzer Deputy Clerk Enclosure _U~U' ",. -""'.'."- 17A ! January 20, 2004 Joseph and Rosemary Walley 94 Fountain Circle Naples, Florida 34119 Re: Notice of Public Hearing to consider petition AVPLAT2003-AR4683i villa Fontana unit One Lot 4 Dear petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, February 24, 2004, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, February 1, 2004, and again on Sunday, February 8, 2004. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK Linda A. Houtzer Deputy Clerk Enclosure ---".- ,,---"- 17A January 20, 2004 Leonard and Doris Pariseau 59 Fountain Circle Naples, Florida 34119 Re: Notice of Public Hearing to consider Petition AVPLAT2003-AR4683i villa Fontana Unit One Lot 4 Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, February 24, 2004, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, February 1, 2004, and again on Sunday, February 8, 2004. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK Linda A. Houtzer Deputy Clerk Enclosure -"~'- 17A January 20, 2004 Jose and Nancy Magallanes 61 Fountain Circle Naples, Florida 34119 Re: Notice of Public Hearing to consider Petition AVPLAT2003-AR4683; villa Fontana unit One Lot 4 Dear petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, February 24, 2004, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, February I, 2004, and again on Sunday, February 8, 2004. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK Linda A. Houtzer Deputy Clerk Enclosure -"-.. "-- 17A January 20, 2004 Charles and Marve Ann Alaimo 63 Fountain Circle Naples, Florida 34119 Re: Notice of Public Hearing to consider petition AVPLAT2003-AR4683j villa Fontana unit One Lot 4 Dear petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, February 24, 2004, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, February 1, 2004, and again on Sunday, February 8, 2004. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK Linda A. Houtzer Deputy Clerk Enclosure ...."..~- 17 A January 20, 2004 Charles M. Warner 65 Fountain Circle Naples, Florida 34119 Re: Notice of Public Hearing to consider Petition AVPLAT2003-AR4683i villa Fontana Unit One Lot 4 Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, February 24, 2004, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, February 1, 2004, and again on Sunday, February 8, 2004. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK Linda A. Houtzer Deputy Clerk Enclosure -.__..._._~ ....-.-.- Linda Yl.. YIOutzer 17 A 70: {ieorgia (I-maiO Suo/eet: Yl. YYl.PLYl.72oo3-Yl.:R4683 r;/ood:Mm-n lllfl, Pfeilfe ad-i/f.'rtlfe tlie dtttl[lied~ldverti.fellzellt on .futltf(.ZIj, .Te/7ruarYl, 2004 tmd-a.tjain on . Te/7rUdr.lI (': 2004- ~ ~ AVPLAT2003-AR46 AVPLAT2003-AR46 83. doc 83.doc Jj-If(}UIz~lVe lNI1j t!lIeytimLi; pleaJt:' call>/4-/J41l. ~- ~..- - -' Ilia/IfF you, [llldii .Minute_f anf/:!(ecordJ; 1 .-..-......--- '''.- Linda .:4. :JIOutzer 17A from: yostmaster@elerE.eollierfCus Sent: 7Uesda~ January 2~ 2004 IO.'S4 ..:;uw 70: Linda .:4. .HOutzer Suo/eet. :Deliyery Status .NOt!fteation (Retay) t~ B .':'..,if' ATT19941.txt AVAPLAT2003-AR4 683 7h'if if tlll t1lLt(}lndti('{l/(i;/Jellenzt(~dj}ellve7Y .ftatll.f .'IVOtylal/lim. ]I{llll' me.OtZfJe ha.r fieell .\'lI[CC_\:y/ufli; r(JlIllfcd/() 117{?/{}/!()}I'inill'ec/picJlt.s~ fillt tlXe re'IUeJtedtti>live;y Ylatw' n{Jt!/lcatirms may .l/(}! /7~?II{'7/(Tatcd/J.l/ tlj~" d{~ililltltliJ/!. 1{~7t1L'i'(ii)n(!p/e,J'lU:'H'J: cmn 1 .._-----"",. ."-'- Linda A. YIOutzer 17 A from: System Administrator [postmaster@ntyJlesnews.eomJ Sent. Titesda~ January 2~ 2004 IO.-.s7 JlM 70: Linda A. YIOutzer Suo/eet. :Delivered: Af7A:PLA72003-A:.R4683 B AVAPLAT2003-AR4 683 <<.;,1 J~A:PL/t T2oo3-..;f:T<4 683 ~..,.-> Y(}ll r JJleJ:5't1fft' 7i}; (i'etJJ/lia (:F:mai/J .. Stifiled;' AJ<A:PLA 72oo..,'-..A:1<4 68..., ..fell t: Tile, 20Jan 2004 loS:,'.'4.9 '-0500 was detivered-tt) th(~/;)/l;.nvi.f~tl recipientfJ/; Il~Jf,fL;" (J!l Tile. 20 Jail 2004 10.:'))'-:24 -(J..)OO 1 .--.~-" _.,".~ A V APLA T2003-AR4683 Page 1 of 1 Linda A. Houtzer 17A -~,~ From: legals [Iegals@naplesnews.com] Sent: Tuesday, January 20, 2004 2:22 PM To: Linda A. Houtzer Subject: RE: AVAPLAT2003-AR4683 rcvd to run feb. 1, 8 thanks georgia -----Original Message----- From: Linda A. Houtzer [mailto:Linda.Houtzer@c1erk.collier.f1.us] Sent: Tuesday, January 20, 2004 10:54 AM To: Georgia (E-mail) Subject: AVAPLAT2003-AR4683 (;'()()tI :Um?l il't~ P/(;are advertire tlie attacll'"e,f{/(,Ivertirement ml .J'undtl..lf, .TdinltllY.~ 2004 amItlflain on . Teb"rlltlry (S; 2004 <<A VPLA T2003-AR4683.doc>> <<A VPLA T2003-AR4683.doc>> !J:1f(JU //tlve allY t!lIe.rti(J1lJ;jJ!'('a.re Ct7I/~/4-841l. 71zim/i yrJl!, [intltl .:AfinllteY alltl'::R"n'()rdl~ 1/2012004 AVPL.A \ lOO3.AR46S3 NOTICE Of PUBLIC HEARING Notice is hereby given that the Board of County Na-ples Daily News commissionersldoi. Naples, FL 34102 lier .couhnt~in~llbn es- ,. publiC ea 24 004' day Februar , r Affidavit of Publication in the ~oda~?~~S oA Naples Daily News Floor, - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - + - - - - - - - - - - - - - - - - - - - - - Building, Coliier County Government center, 3301 East Tam.laml Trail, Napies, Florida, , Tha~ meeting will begin BOARD OF COUNTY COMMISSIONERS 9:00A.M. CHERI LEFARA I ARO TO CONSID- PO BOX 413016 \ I~EJ'~TITlON AVPLAT NAPLES FL 34101-3016 I 2~~~rt.RR\6N86uJgE ~I~D\ eACATE THE COU~T'f 5 AND THE PUBLIC'S iN- TEREST IN A PORTION OF THE 1S fOOT WIDE COUNTY UTILITY EASE- REFERENCE' 001230 912501 MENT LOCATED ALON4G . THE REAR OF LOT , 58790854 AVPLAT 2003-AR4683NO ACCORDING TO THE PLAT OF "VILLA FONTA. . d NA UNIT ONE" AS n- State of Florl a CORDED IN PLAT BOOK County of Collier 16, PAGES 71 THRO~~1 Before the undersigned authority personally 72. PUBLIC RECORD , COLliER COUNTY, appeared B. Lamb, who on oath says that she serves fLORIDA. LOCATED IN as Assistant Corporate Secretary of the Naples SECJ~PuNT~' ~~~~~H~~ Daily News, a daily newspaper published at Naples, ~lST. ' in Collier County, Florida: that the attached copy of advertising was published in said NOTE: All Persons wish. . ing to speak on anY newspaper on dates llsted. agenda item must reglds. Aff' t f th th t th . d N I D' 1 ter with the County A - =!-an ur er says . a e sal ap ~s a=!- y minlstratorrrior to pre' News lS a newspaper publlshed at Naples, ln sald sentation 0 the agenda Collier County, Florida, and that the said item to be addkressedll., h h t f b . I Individual spea ers w newspaper as ere 0 ore een contlnuous y be iimlted to 5 minutes published in said Collier County, Florida, each o.n any iterT!' dTh,~~:I~~ day and has been enter~d a~ second cl<;l-ss m<;l-il I ~13~a~f oann b~hl~llf of an matter at the post offlce ln Naples, ln sald organization or proup is Collier County, Florida, for a period of 1 year encodurbagetdh' IChr:lcrOg~ d. h f . bl ' . f h nlze Y e , next prece lng t e lrst pu lcatlon 0 t e spokesperson. for a attached copy of advertisement. and affiant group or organlzatlol n " . may be allotted 10 m n. , furtl;-er says that she l;-as nel ther pal<;l nor utes to speak on an promlsed any person, flrm or corporatlon any item.' discount, rebate~ comm~ssion or, refund for the Persons wishing t.ol purpose of securlng thlS advertlsement for have written or gr~tllc publiction in the said newspaper. materials Include n the Board agenda pack I d- ets must submit sa PUBLISHED ON: 02/01 02/08 material a.minimumof3 weeks prior to the re- spective public hearing. In any case, written ma- terials intended to be considered by the Board shall be submitted to the appropriate county staff a minimum of sev., AD SPACE: 121.000 INCH en days prior to the' FILED ON: 02/09/04 pubiic hearing. All ma-i - - - - - - - - - - - - - - - - - - - - - - - - - - - - -"y - - - - - ~ ,,- - - - - - - - - - - - - + - - - - - - - - - - - - - - - - - - - - - - - tr~~ai ~~1~r~n t~~e~~ni~d ~ ~ will become a perma- Signature of Affiant ",/~ J nent part ofthe record. . . ~ / ~ Any person who decld. Sworn to and Subscribed bef 0, re me thi s .1. " /1~ da,y 0 f. f~-e% 2 cx;d \ ~~ ~e aCcf;~1 ;i1r~~iP~ ~ d ~ j"' record of the proceed- Personally known by me , ">~' JL~.{ xl J7 ings pertaining thereto ~, ' . - - and therefore, may /~ need to ensure that a verbatim record of the proceedings is made, ,''',,\'' '"'' . which record includes _,'p;!"li~"f~'< Harnett Bushong the testimony and evl- {:{ ~ }.~ MY COMMISSION # DD234689 EXPIRES dence ,upon which the ~j:.~.~.?:;!-,"": July 24, 2007 appeal IS based. .. r. .,,' c~.- "',.?r,,~~'''' ;HRU TROY fAiN !NSlIRANCf,INC Any questions or con- cerns should be di. I reeted to Rick Grigg, Collier County commu. nity Development/Pia-, nnlng Services Section. at (239) 659.5731- BOARD OF COUNTY COMMISSIONERS , COLliER COUNTY, FLORIDA DONNA FIALA. CHAIR- MAN DWIGHT E. BROCK, CLERK By: Is/Linda A. Houtzer, Deputy Clerk (SEAL) Feb. 1. 8 No. 463042 -_._,,-,.,.- --"~--~ MEMORANDUM 17A ~). .~ .f '" . I. Date: March 5, 2004 To: Rick Grigg, P.S.M. Engineering Services Department From: Linda A. Houtzer, Deputy Clerk Minutes & Records Department Re: Resolution 2004-58/ Resolution 2004-59 Enclosed please find recorded copies of the above referenced documents, Agenda Item #16A1 and Agenda Item #17A, as approved by the Board of County Commissioners on February 24, 2004. If you should have any questions, please contact me at: 774-8411. Thank you. Enclosure ~..-.~- 3350739 OR: 3509 PG: 1567 ,) RBCORDBD in OPlICIAL RBCORDS of COLLIBR COUNTY, PL \'/' , ,,) 02/27/2004 at 09:03AM DWIGHT B. BROCK, CLBRK RBC lIB 19.50 COPIBS 4.00 Retn: CLIRK TO THI BOARD INTBROlPICB 4TH !LOOR 17A BIT 7240 RESOLUTION NO. 2004- 59 A RESOLUTION OF THE COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS FOR PETITION A VPLAT2003-AR4683 TO DISCLAIM, RENOUNCE AND V ACA TE THE COUNTY'S AND THE PUBLIC'S INTEREST IN A PORTION OF THE 15 FOOT WIDE COUNTY UTILITY EASEMENT LOCATED ALONG THE REAR OF LOT 4, ACCORDING TO THE PLAT OF "VILLA FONT ANA UNIT ONE" AS RECORDED IN PLAT BOOK 16, PAGES 71 THROUGH 72, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. LOCATED IN SECTION 8, TOWNSHIP 49 SOUTH, RANGE 26 EAST. WHEREAS, pursuant to Section 177.101, Florida Statutes, Mark and Patsy Hansen, Petitioners, do hereby request the vacation of a portion of the 15 foot wide County Utility Easement located along the rear of Lot 4, according to the plat of "Villa Fontana Unit One" as recorded in Plat Book 16, Pages 71 through 72, Public Records of Collier County, Florida; and WHEREAS, the Board has this day held a public hearing to consider vacating a portion of the 15 foot wide County Utility Easement located along the rear of Lot 4, according to the plat of "Villa Fontana Unit One," as more fully described below, and notice of said public hearing to vacate was given as required by law; and WHEREAS, the granting of the vacation will not adversely affect the ownership or right of convenient access of other property owners. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the County's easement interests over and across the following portion of the 15 foot wide County Utility Easement are hereby vacated, extinguished, renounced and disclaimed, and this action is declared to be in the Public's interest and for the Public's benefit: See Exhibit "A" attached hereto and incorporated herein. Page 1 of2 ..-"-..--. ...-- ---.."-" OR: 3509 PG: 1568 17A BE IT FURTHER RESOLVED, that the Clerk to the Board is hereby directed to record a certified copy of this Resolution in the Official Records of Collier County, Florida, and to make proper notation of this vacation on the recorded plat as referenced above. This Resolution is adopted this day of ,2004, after motion, second and majority vote favoring same. DATED: cJ., t9.5.0'f ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA ~~ iJ1i~~?~ ~C. BY: . 'k' ',' ,,",' ,,' ) Deputy:(tler ';<' "~ ..': -.c:.' ~~f '-':1' Att'I~:" ....~.. ..' .l~.\y. /,:;~f s19"atJ.Jr....~11.. ,....\.,' "I', '~)~'j .......i>>......... ~~~"'# ,..." /"~ ....it ilf. S'\.I;~~ \~~ ',.'lII \"... 1I11 ,,,,lor-. .~\\\\ ">., 11~'tH.'llll\P Approved as to form and legal sufficiency: Item # J'7 A Agenda A. 'dt~ .()4 Date Date 0'^5'O'i Reed ~)~ eputy Clerk Page 2 of2 d._ _,._ -~--",-._-- __~""~...... d..__._ " ._-~---- OR: 3509 PG: 1569 17A EXHmIT "A" SHEET I OF 2 A VPLA T2003-AR4683 LEGAL DESCRIPTION PARTIAL EASEMEN'j' VACATION Being a part of Lot 4, VILLA FONTANA, UNIT ONE recorded in Plat Book 16, Pages 71 and 72 of the Public Records of Collier County, Florill..:", being more particularly described as follows: Commencing at the Southwest comer of Lot 4, VILLA FONT ANA, UNIT ONE recorded in Plat Book 16, Pages 71 and 72 of the Public Records of Collier County, Florida and run N56051 '13"W for 15.0 feet; thence run N33008'47"E for 5.0 feet to the Point of Beginning of said easement vacation; thence continue N33008'47"E for 44.0 feet; thence run S56051 '13"E for 5.0 feet; thence S33008'47"W for 44.0 feet; thence N56051 '13"W for 5.0 feet to the Point of Beginning, subject to restrictions and reservations of record containing 220.0 square feet. Prepared by: CLeG.~ 'OJ "% 03 Carol E. Nelson, P .L.S. 330 Wilson Boulevard Naples, Florida 34117 Date: Oct. 17, 2003 ..-----... .,- EXHffilT "Au SKETCH OF SHEET 2 OF 2 I 7 A A VPLA T2003-AR4683 LEGAL DESCRIPTION SECTION 8, TOWNSHIP 49 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA LOT 3 ""- '\ sS6" SS6" ~ ;Sl' 0 I~.. ;Sl' c: ~ 6:oJ~~ / ~~ (') '>~ ~ "- LOT 4 / -~ "- z. ~. s.~ n u~<I ~ , - ~I Jre, ~ I -1~4fe ~ P. O. B. ~/ 00 -\I)- '8>. "- !\IS6" "- * ;s,. "- * ,~.. * Jt,- "- c::> LOT 5 ~ . . S C-A> !\I~'o' ~ c:::> Legal Description: <5';s- '-0 ,. LOT 4, VILLA FONTANA, UNIT ONE ,~.. It-cJ recorded in Plat. Book 16, page$ Jt,- Q . . 71 and 72 of the Public Records of Collier Coun ty. Florida ......... SOUTHWEST CORNER ~ -....:a OF LOT 4, VILLA c:::> FONT ANA. UNIT ONE * * * BEARING DELTA (LQ AL/o~% N14'S9'33"W 22'01'32" THIS IS NOT A SURVEY. BY: 4.u ~~.. .. 1"/03 POB=POINT OF BEGINNING CAROL E. NELSON, PLS POC=POINT OF COMMENCEMENT FLORIDA REG. NO. 5013 DESCRIPTION: CAROL E. NELSON, P.A. PROFESSIONAL LAND SURVEYOR PARTIAL EASEMENT 330 wnsON BOULEVARD SOU'I'H N.APLES( FLORIDA 34117-9364 239) 304-0055 VACATION SCALE: 1"_20.0' mfG. FILE: SHEET DATE: OCT 2003 CHK. BY: C.E.N. VILFONT04A 1 OF 1 -- ~""_"__"""'"M __."'".-.-----~~...-..."."..-.~____.._~.."C__M"_ ._,._._._.,._..__. - . Collier County, Florida REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS 1 7 B ! ,t j.' To: Clerk to the Board: I Please" place the following as a: _XX Normal Legal Advertisement 1 1 Other: (Display Adv, , location, etc.) ~ page display ad; map attached, 18 oint ;;:;:~:~:~;*;:;~;;:~:*fi~~~*~:;****~::~*~;~l;:;:;~:**** **~~***;:~:**~~:;*;~:;;t************** J (S~gn cle *.*************************************.**************-.-*---.-.-.---......-..-...-.------.--.-.-.-.-----.- Petition No. (If none, give brief description CUE-03-AR-4856 .--.-.........-.---..-.--.----.-.-.........-..-...........---..-.---....----.-------.-....----...-..-.----- Petitioner: (Name & address): James K. Keiser, Southern Exposure, D1c., of Naple., Inc., P.O. Box 990192, Naple., Florida 34116 Name & Address of any person(s) to be notified by Clerk's Office: (If more space needed, attach separate sheet) Hearing before: I--r-BCC Ixxr-B%A 1 ~er ***********.***************.*****.**********.********.*******.------...-....-------------.--.-.----.-.--.-.--..- Reque.ted hearing date. 2/24/04 Based on advertisement appearing !!- day. before hearing. Newspaper(s) to be used: (Complete only if important I~, ----- IXXXXI Naples Daily News or legally required / 7) / 7 Other ...-....-.-.-.-..--.-..-.-..........--.-****-*......*-***....*...*..**....**...*.........*..**...**..*.**.**.... Proposed Text: (Include legal description & common location & size) : COE-03-AR-4856, James X. Xeiser, Southern Exposure of Naples, XDc., requesting approval of a Resolution to the Board of Zoning Appeals for a one-year extension of conditional use -14" of the -A" Agricultural Zoning District for a clothing optional social club for property located in Section 18, Township 49 South, Range 26 Bast. Companion petition(s), if any, & proposed hearing date: .*.*****.....**..**..*....*.*.......*..........................*....***.....******...*....*.***........*****-*.. Does Petition Fee Include Advertising Cost? Yes -xxx- No 1 f If yes, what account should be charged for advertising costs: ........................................................................................... Reviewed by: Approved by: Department Head Date County Manager Date______ List Attachments: (1) (2) (3) **....*..*........****.***..**.****.**.**...**.*********...*.***.*....*.**..*************.................****** DISTRIBUTION INSTRUCTIONS A. For hearings before BCC or BZA: Initiating person to complete one copy and obtain Division Head approval before submitting to County Manager. NOTE: If legal document is involved, be sure that any necessary legal review, or request for same, is submitted to County Attorney before submitting to County Manager. The Manager's Office will distribute copies: 1 / County Manager agenda file; 1 f Requesting Division; 1 f Original to Clerk's Office B. Other hearings: Initiating Division Head to approve and submit original to Clerk's Office, retaining a copy for file. ******..*******....******************.**.****..*...*...**.....**..*...*..*..***.*..........*******.*..******._** FOR CLERK'S OFFICE USE ONLY Date Received I/:U:; /o.lf' Date Advertised Date of P.H. cZ/t? Ie; i Ol/;J.<I/O~ I' ~--_."-'''-''--.~ - -..-..--,-".------- - 1 ~ ,- RESOLUTION NO. 04- ID , - o'l":; A RESOLUTION OF THE BOARD OF ZONING APPEALS RELATING TO PETITION NO. CUE- 2003-AR-4856 FOR A ONE-YEAR EXTENSION OF CONDITIONAL USE 14 OF THE "A" AGRICULTURAL ZONING DISTRICT FOR A CLOTHING OPTIONAL SOCIAL CLUB FOR PROPERTY HEREINAFTER DESCRIBED IN SECTION 18, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. WHEREAS, the Legislature of the State of Florida in Chapter 125, Florida Statutes, has conferred on all counties in Florida the power to establish, coordinate and enforce zoning and such business regulations as are necessary for the protection of the public; and WHEREAS, the County pursuant thereto has adopted a Land Development Code (Ordinance No. 91-102) which establishes comprehensive zoning regulations for the zoning of particular geographic divisions of the County, among which is the granting and extending the time period of conditional uses; and WHEREAS, on September 12,2000 the Board of Zoning Appeals enacted Resolution No. 2000-299 attached hereto and incorporated by reference herein, as Exhibit "A" which granted a conditional use pursuant to Subsection 2.2.2.3.14 of the Land Development Code for a clothing optional social club on the below described property; and WHEREAS, Subsection 2.7.4.5.3 of the Land Development Code provides that the Board of Zoning Appeals may grant one one-year extension for a conditional use which has not been commenced. NOW, THEREFORE, BE IT RESOLVED by the Board of Zoning Appeals of Collier County, Florida that: The petition of James K. Keiser, of Southern Exposure of Naples, Inc., for a one one-year extension of conditional use 14 in a Rural Agricultural Zoning District pursuant to Subsection 2.2.2.3. of the Land Development Code for a clothing optional social club in interest of the following described property: "Exhibit B" is hereby approved. The expiration date for said Resolution No. 2000-299 and all conditions applicable thereto, is hereby extended for one additional year until September 12,2004. Page 1 178 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 ,2004. BOARD OF ZONING APPEALS COLLIER COUNTY, FLORIDA BY: DONNA FIALA, CHAIRMAN ATTEST: DWIGHT E. BROCK, CLERK Approved as to Form and Legal Sufficiency: ~.?lh.~ Marjori . Student Assistant County Attorney Page 2 . '. . , . . 17 RESOLUTION 2000- 299 A RESOLUTION PROVIDING FOR THE ESTABLISHMENT OF A SOCIAL CLUB CONDmONAL USE "14" IN THE "A" ZONING DISTRICT FOR A CLOTHING OPTIONAL SOCIAL CLUB PURSUANT TO SECTION 2.2.2.3 OF THE COLLIER COUNTY LAND DEVELOPMENT CODE FOR PROPERTY LOCATED IN SECTION 18, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 8.71:t ACRES. WHEREAS, the Legislature of the State of Florida in Chapter 67-1246, Laws of Florida, and Chapter 125, Florida Statutes, has conferred on Collier County the power to establish, coordinate and enforce zoning and such business regulations as are necessary for the protection of the public; and WHEREAS, the County pursuant thereto has adopted a Land Development Code (Ordinance No. 91-102) which includes a Comprehensive Zoning Ordinance establishing regulations for the zoning of particular geographic divisions of the County, among which is the granting of Conditional Uses; and WHEREAS, the CoJlier County Planning Commission, being the duly appointed and constituted planning board for the area hereby affected, has held a public hearing after notice as in said regulations made and provided, and has considered the advisability of Conditional Use "14" of Section 2.2.2.3 in an "A" Zone for a clothing optional social club on the property hereinafter described, and has found as a matter of fact (Exhibit "A") that satisfactory provision and arrangement have been made concerning all applicable matters required by said regulations and in accordance with Subsection 2.7.4.4 of the Land Development Code for the Collier County Planning Commission; and WHEREAS, all interested parties have been given opportunity to be heard by this Board in a public meeting assembled and the Board having considered all matters presented. NOW, THEREFORE BE IT RESOLVED, BY THE BOARD OF ZONING APPEALS of Collier County, Florida that: The petition filed by David W. Rynders, Attorney at Law, representing James K. Keiser, with respect to the property hereinafter described as: Exhibit "B" which is attached hereto and incorporated by reference herein be and the same is hereby approved for Conditional Use "14" of Section 2.2.2.3 of the "A" Zoning District for a clothing optional social club in accordance with the Conceptual Master Plan (Exhibit "C") and subject to the following conditions: Exhibit "D" which is attached hereto and incorporated by reference herein. BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this Board. Exhibit "A" _._~"-,_.._.,-- -",.-~" ,,~_. .---...-..----.. , 17B This Resolution adopted after motion, second and majority vote. Done this /:1 a.- dayof ~ .2000. BOARD OF ZONING APPEALS COLLIER CO A (J~;;~;;~\)~~:.~i, .. ,. ~ . AT1iESTi'.':S:-' ".">, f '\ :riWIdfu:f~ilROtK, Clerk "'.' ~j~; tH.'..... :~::<~;.~........ .: I "'.. !' ~N~t:I~I\.:I~~.... / ....\F~;..;:;.;.d::. .', , ~: ;t,~~,. h..J,~a Attest as to ChlfMlan's Approved as to Fonn and sfgAature on11 Legal Sufficiency: · =-' L, 'm ..fb.l d.P.l.d::. Marj e M. Student Assistant County Attoney gladminlCU-2000-06I RESOLlITlON/SM/im -2- --.'.-,.. -_.~-.. ------ ,--,-",,",.~-_...._..., . . . . . 178 . FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU;"2000-06 The following facts are found: 1. Section 2.2.2.3.14 of the Land Development Code authorized the conditional use. 2. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: A. Consistency with the Land Development Code and Growth Management Plan: ./ 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 ingr~s & egress Yes No C. 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 wit~n district Yes No Based on the above findings, this conditional use should, with stipulations, '(66~y atta~hed) ( shoul d not) be recommended for approva). --.lJPPROVf . !2AAA' fl} A Ilwil DATE: t:},,/OO CHAIRMAN: EXHIBIT "A" g/admin/Findings of Fact Chairman/CU-2000-06/SM/im .'.----- ....~.,,~-_.._.- -~-- ._-_.- ."-- ,.-- ----..., . . -. . 178 :! CU-2000-06 , Exhibit B N ~ ofN ~ ofNE ~ ofSE Y.. ofSection.18, Township 498, Range 26E, less west 70 feet thereof and less 1-75 Right-of-Way. --"-,.- ,^-,.. ~-_.." . . . lI~ .......... . .~"_ n. 2! 3J.::1 \\9 JJ\lJS<JNVl $ , ." 0 .a- c.L V i.1I """"'e.; 0 , fE (::,u p ~v .:J CD~ u""Z ,....... cD :I: ' -lH ,x :J ~~ ~ LJ. , v UJ~ <( >< u OP- t/) r::. V z "2 <( L: . 1-1 .....J z<C ~ zJJ -' _0' G- -1- l.f', -<( r - _. -- -- 0 LJJ I I- uJ I IJ I cc. H n ~ I 7 :J: .J H , <( --' .-J "., I U < I -'- -1 .-' (L Z cL -.J -::::l .- I e:.:. ! -<f " V- DC' .,- I L....J ~Ir-Q _.. J{--~-' \ / U I "- ,...- L. I L.IJ G . I ..- - ----- V I - Q- ~lfj (.J I , - - - I ' ~ ....... - t ---" - ~-J v ~ f'J U-<;( ~ 1'1! ZW ~ I.....-Jrv ...... 0::<( a: . , 't;: \J W I tv"" P -"7 ~ ~ 1...-' ~ \.:; I p --- 0:::' Z. ~ <t" I -- ~ ~~:-:L~,;E-I 8-.2<::1 vy) 01'1 Vl ------4 ..--,,-...------.',.,-.--., , - '_.'-', ___._.__...,.....'.._.M____ . - . . 178 Page 1 of 2 of Exhibit D CU-2000-06 . Subject to the following conditions: a. The Planning Services Department Director may approve minor changes in the location of the Use within the building or structures and improvements authorized by the conditional use. Expansion of the uses identified and approved within this conditional use application, or major changes to the site plan submitted as part of this application, shall require the submittal of a new conditional use application, and shall comply with all applicable County ordinances in effect at the time of submittal, including Division 3.3, Site Development Plan Review and approval. of the Collier County Land Development Code (Ordinance No. 91-102). b. If, during the course of site clearing. excavation or other construction activity, an historic or archaeological artifact, or other indicator is found. all development within the minimum area necessary to protect the discovery shall be immediately stopped and the Collier County Code Enforcement Department contacted. c. An appropriate portion of native vegetation shall be retained on site as required in section 3.9.5.5.4. of the Collier County Land Development Code. d. Within 30 days of conditional use approval, the petitioner shall initiate an exotic vegetation removal/maintenance program for the subj.ect property. This removaVmaintenance program shall be implemented on a yearly basis at a minimum. ' e. The petitioner shall obtain Site Development Plan (SOP) approval for the site within six (6) months of Conditional Use approval by the Board of County Commissioners. Within sixty (60) days of approval of the Conditional Use petition by the Board of County Commissioners, the property owner shall submit a completed application for Site Development Plan approval to Collier County. f. Concurrent with the Site Development Plan approval process. the property owner shall apply for building permits for all non-permitted structures on site. The property owner shall obtain necessary inspections and a Certificate of Occupancy for the site. g. Within ninety (90) days of Conditional Use approval, the developer shall install a minimum of a twenty (20) foot wide, Type D vegetative buffer along the west, north and south property boundaries. The buffer shall be designed to be 100 percent opaque at planting. Trees shall be planted at a minimum height of twelve (12) feet. The developer shall retain existing native vegetation within these buffers to the greatest extent possible. h. The portion of Nighthawk Lane from its intersection with Whippoorwill Lane to Pet Ranch Road shall be maintained in a dust free condition. ,--, ._- ---~_._._--_.......,->- -_..- M_~"_~~ ~__n'''_ . . 178 - Page 2 of2 of Exhibit D CU-2000-06 . 1. Within ninety (90) days of Conditional Use approval, the developer shall install a six (6) foot high perimeter fence and secure gate at the driveway. The fence shall be located along the north, south and west boundaries adjacent to the internal boundary ofthe required landscape buffer. j. Within ninety (90) days of Conditional Use approval, the property owner shall remove and properly dispose of or properly store all scrap metal, litter, tools, abandoned vehicles and campers from the subject site. k. Activities that occur on site shall be limited to sunbathing, outdoor bar-b-cues, recreational activities associated with bar-b-cues such as volleyball and horseshoes, potluck suppers and membership meetings. The sunbathing, bar-b-cues and recreational activities associated with bar-b-cues may occur on a daily basis. Potluck suppers and membership meetings shall occur no more than once every 30 days per use. Any uses of the site beyond those defined above and/or changes to the time limitations shall require the submittal and approval of a new conditional use. 1. Concurrent with the installation of the required landscape buffer, the petitioner shall instalVcreate an 8 foot wide land buffer which extends 35 feet into the lake, at a 45 degree angle to the shoreline, at the north and south ends of the eastern upland boundary, where it abuts the western boundary of the lake. These buffer areas shall be planted with either vegetation capable of reaching 100 percent opacity within one year, planted at a minimum height of6 feet, or a fence structure, 100 percent opaque at a minimum of 6 feet in height. _._-~ --,-- .~ ....q 8 1'"1 . . . l. , -...~ . CU-2000-06 Exhibit B N ~ ofN ~ ofNE Y4 ofSE Y4 ofSectioD.18, Township 498, Range 26E, less west 70 feet thereof and less 1-75 Right-of-Way. I EXHIBIT "B" --~- ., _,.".....~m.__' -..,-.--.-..'-'---'- _"e'__"'. 178 . . January 29, 2004 Attn: Georgia Naples Daily News 1075 Central Avenue Naples, Florida 34102 Re: CUE-2003-AR-4856 Dear Georgia: Please advertise the above referenced notice on Sunday, February 8, 2004, and kindly send the Affidavit of Publication, in duplicate, together with charges involved to this office. Thank you. Sincerely, Linda A. Houtzer, Deputy Clerk P.O./Account # 113-138312-649110 ... _.~.,~~--.,.--~-_. 17B .1 ~ NOTICE OF PUBLIC HEARING Notice is hereby given that the Board of County Commissioners of Collier County will hold a public hearing on Tuesday, February 24, 2004, in the Boardroom, 3 rd Floor, Administration Building, Collier County Government Center, 3301 East Tamiami Trail, Naples, Florida. The meeting will begin at 9:00 A.M. The Board will consider petition CUE-2003-AR-4856, James K. Keiser, Southern Exposure of Naples, Inc. , requesting approval of a Resolution to the Board of Zoning Appeals for a one-year extension of conditional use "14" of the "A" Agricultural Zoning District for a clothing optional social club for property herein described in Section 18, Township 49 South, Range 26 East. NOTE: All Persons wishing to speak on any agenda item must register with the County Administrator prior to presentation of the agenda item to be addressed. Individual speakers will be limited to 5 minutes on any item. The selection of an individual to speak on behalf of an organization or group is encouraged. If recognized by the Chair, a spokesperson for a group or organization may be allotted 10 minutes to speak on an item. Persons wishing to have written or graphic materials included in the Board agenda packets must submit said material a minimum of 3 weeks prior to the respective public hearing. In any case, written materials intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of seven days prior to the public hearing. All material used in presentations before the Board will become a permanent part of the record. Any person who decides to appeal a decision of the Board will need a record of the proceedings pertaining thereto and therefore, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is based. BOARD OF COUNTY COMMISISONERS COLLIER COUNTY, FLORIDA DONNA FIALA, CHAIRMAN DWIGHT E. BROCK, CLERK By: Is/Linda A. Houtzer, Deputy Clerk (SEAL) ---.,. '''-~'-''''-, ._~_."..~_." ..._.'"._~._- --- ~~eup.t)'; of Collier 178 CLERK OF THE CIRCUIT COURT Dwight E. Brock COLLIER COUNTY COURTHOUSE Clerk of Courts 3301 T AMIAMI TRAIT.. EAST Clerk of Courts P.O. BOX 413044 Accountant NAPLES, FLORIDA 34101-3044 Auditor Custodian of County Funds --- January 29, 2004 James K. Keiser Southern Exposure, Inc. , of Naples, Inc. P.O. Box 990192 Naples, Florida 34116 Dear Petitioner: Re: Notice of Public Hearing to Consider Petition CUE-2003-AR-4856 Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, February 24, 2004, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, February 8, 2004. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK Linda A. Houtzer, Deputy Clerk Enclosure Phone- (239) 732-2646 Fax-(239) 775-2755 Website- www.clerk.collier.fl.us Email- collierclerk@clerk.collier.fl.us 178 1~ ... '.: .Linda .A.. YIOutzer 70: (ieo7l:1ia (:E-mait) Suo/eet: C1/:E-2oo3-31.:R-48S6 {/()(ld~~1flJrn lllf;' :P1f7tlf(7 tk/;/f:'tH.fe flie altac/ie,Ilwtke on .fundtl.1h .felj'ruarv ,S: 2004- ~ ~ CUE-2003-AR-4856 CUE-2003-AR-4856 .doc .doc ZJ:vou /iave illlY tjU('YI/(JIlJ;.pletL\,(' catl,'/7'/4.l14fJ. Vim/I.?' you, [llltfti . UillU!I."j' tlJu('R('[()rtlJ:' 1 _._-,-_._~._._-- ------,--- Linda ..fl. YIOutzer 178 from: yostmaster@eter&.eo/llerflus Sent. 7fiursda}fi January 29" 2004 LI:05.:zL:M 70: Linda..fl. YIOutzer Suo/eet. :Delivery Status .NOt!fieation (:Retay) l~ [S2] '^'" - ATT217251.txt CUE-2003-AR-4856 :Ildf if lm llutmnatka/ly'/ llenenZlct!ZJellvelY . flatus ,'J'v'(Jltj['ctll/lJlJ. )I(lllr meJ)(;lfle fia.r fJeen -('lI{'{'ej?tuJ~i; rel'i.ved/(l Ilif.~/{JllowlF{tI reciplel7/j~ bill Ifie n'iluejt('tlttf:~tiveIY .\ia/u.\' Jl()I!lualiml.f f1ltIJ/ !wl fie/le71el(7/ed~"'/ fiXe t/f'rlillillllJ/l, /~ll tll.f'(,j)lll1jY ft~.fl/(:'71'j: ('()Ill 1 _O"_.."_.__M~_'^_""" , _________~._~_n_ L'inda Yl. .:J-IOutzer 178 from: System Yldmin istrator fPostmaster@nqp/esnews.comJ Sent: 7Jiursda~ January 2gj 2004 11:0g .:4..5W 70: L'inda .:4. .:J-IOutzer Suiject: :Delivered: CV:E-2003-.:4:R-48S6 B "', , ./ CUE-2003-AR-4856 <<C1Ir2o(~?-.:;1:R-48.")6:>> your Hlt?l:ft{t/C 7rJ: (/{'0I/7ia (Z:llltlil) .5u!j/ed;' CU:Z:20(~,'-.A:R-48.")6 .5tm t: 7liu, 2.9.7tHI 2004 11:(6'1..") -(}.")oo wtLr ddlvered/{J Ih~?/;J(loJV1Jlfl recipiell!(rJ: u{i/al.;; (JIl 71iu, 2.() .liom 2004 1l:()/i.:,6 -(}-.JOO 1 _._..~-_._--- -,---.--.".- ---.----- CUE-2003-AR-4856 Page 1 of 1 178 ..~t ) ; Linda A. Houtzer . I -~ From: legals [Iegals@naplesnews.com] Sent: Thursday, January 29, 2004 11 :46 AM To: Linda A Houtzer Subject: RE: CUE-2003-AR-4856 WOOPS...hard to do jan. 8th... sorry thanks georgia -----Original Message----- From: Linda A. Houtzer [mailto:Linda.Houtzer@c1erk.collier.fl.us] Sent: Thursday, January 29, 2004 11:34 AM To: legals Subject: RE: CUE-2003-AR-4856 .Jky (i'em;tJi.tl, fIr/jurI dz"ec!iln/I. you d() metl71JizIL& :R(IIIX/? [illtlii -----Original Message----- From: legals [mailto: legals@naplesnews.com] Sent: Thursday, January 29, 2004 11:29 AM To: Linda A. Houtzer Subject: RE: CUE-2003-AR-4856 rcvd to run jan 8 thanks georgia -----Original Message----- From: Linda A. Houtzer [mailto:Linda.Houtzer@c1erk.collier.fl.us] Sent: Thursday, January 29, 2004 11:05 AM To: Georgia (E-mail) Subject: CUE-2003-AR-4856 {/(7(7f/:/;J/(J}7 z in/I. :.P/t;tZye ddver/b'e t/;~7 ({Itac/Xed' JUJ//ce on . S'undtlY, fi?f:irutlIY Ii: 2004 <<GUE-2003-AR-4856. doc>> < <GUE-2003-AR-4856. doc>> !flfOll /zt! ve t.lny queJ'/ionJ; .p/(;t!J'e (llIZ' /"/"'4 -l!4! I. 7/z:ll'lIi you, [llZdf! .?Willu!p.f anr[:RenJlds: 1/29/2004 ~._-- CUE-2 1 ? ~ . . . N*" . . Naples Dally News ,JUBLlCHEARING ~ r Naples, FL 34102 Hotl' '.1 hb I ct s. erll 'v g ven: that the 801\1'd of county Affidavit of Publication commissioners of (:0';] ----------------------------~~~::~-~~~:~-~:~~-----+---------------------- ~~~:~~~'~;\~~f In the Boardroom. 3rd Floor. Administration, I BOARD OF COUNTY COMMISSIONERS ~~~~~m~~~~~~~~~ CHERI LEFARA 3301Eut Tamlaml ,'all. 6 Napl~s.Florlda. he PO BOX 41301 meeting will begin at NAPLES FL 34101-3016 9:00A.M. The Board wm consider! Petition cUe-2003-AR- i 4856 James K. K.elserfi REFERENCE: 001230 113138312649 I ~=cll~rrnc~.ll~:~:~r~g, 58796078 CUE-2003 -AR-4856, NO ~ of a Resolution to the Board of Zoning . Appeals for a one-year State of Florlda elltenslon of conditional County of Collier I use "14" of the '*A" ~~~ Before the undersigned authority personally cultural Zoning Qts ~ appeared B. Lamb, who on oath says' that she serves ~%,:r~fI'il!(~ as Assistant Corporate Secretary of the Naples he,.mdes~m"~ Daily News, a daily newspaper published at Naples, ~~M~~n~ in Collier County, Florida: that the attached . copy of advertising was published in said ~A1t~S wlsh- newspaper on dates listed_ .~ =m~n~'i'l Affiant further says that the said Naples Daily ter wtththe 10u~ty Ad- News,is a newspaper ~ublished at Naples, .in said ~~~r~~~ Colller County, Florlda, and that the sald N;ten1. '. t..o be addressed. I newspaper has heretofore been continuously . .'. I sp~ers 'fUl, published in said Collier County, Florida, ~ach Ol'l~ It~~ n:'~~::~ day and has been entered as second class mall tlon of an In~lvlru,1 to matter at the post office in Naples, in said speak on be a 0 an C 11' C t Fl . d f ' d f 1 organization or group Is o ler oun y, orl a, or a perlo 0 year encouraged If recog- next preceding the first publication of the nlzed by t~e Chfalr. a tt h d f d t. t d ff' t spokesperson or a a ac e copy 0 aver lsemen i an a lan group or organization further says that she has neither paid nor may be allotted 10 mln- promised any person, firm or corporation any utes to speak on an discount, rebate, commission or refund for the Iwm. purpose of securing this advertisement for PersOnS wishing to have bl . , , h . d written or graphic lOa. pu lctlon In t e sal newspaper. tllrlals Included!n the Board aGenda packets PUBLISHED ON: 02/08 must sulllrl1lt said lOa. terlal a minimum of 3 w,eeks prior to the re- spective public hearing. I In any case. written ma- terials Intended to be I consldered by the Board shall besllbmltted to AD SPACE' 107 000 INCH the apprgprlate County - - staff a mitllmum of sev- FILED ON: 02/09/04 en days prior to the ---------------------------)----~7---------------+-----------------------1,~~~u~r.tr~~~~ . f f f . ~ ,--- t tlons before tee Board Slgnature 0 A lant ,. . will beCOme a perm a- i .' nent part of the record. Sworn to and Subscribed before me this j/)"" day of ;:--<-,-.1'- 2 ()(:")L/ . . .. . ,.wt\O-4eci4- ~ j) . -'1:11. Pm'.. .,,:I.clslon Personally known by me . ,.......\.A...-t.t;J &e"'-.<L{)J'""'-,~fl!!d1Jit':;=~d~ ./ Ings pertaining thereto \ and therefore, may ~,~~9-~:f~t';;-~ Harriett Bushong . ~:~:a:r~ er':,~~rr~ ~a~h: ~*:'A':*~ MY COMMISSION # DD234689 EXPIRES proceedings Is mad de. ~~:.' .:~: July 24 2007 which record Incdlu e1s -.qri.....S..~~'()N['E.' TH'"" ORa' ,"'N ," 'll"N'E ",,' the testimony haln h etvhe. "".9f,,~:-\'" Ll . .... ".'.., .! ~;\, '''~ f~i", '-. I'.,. dence upon w C appeall~ based. BOARD OF COUNTY COMMISISONERS CO LL IE,R C OU N TV. FLORIDA DONNA FIALA. CHAIR- MAN DWIGHT E. BROCK. CLERK By: 1S/l.,lnda A. Houtzer. DePutY Clerk ~~~) . No. 477731 178 Date: February 25, 2004 To: Fred Reischl, Planner From: Linda A. Houtzer, Deputy Clerk Minutes & Records Department Re: Resolution 2004-60 Enclosed please find one copy of document as referenced above, Agenda Item #17B, approved by the Board of County Commissioners on Tuesday, February 24, 2004. If you should have any questions, please contact me at 774-8411. Thank you. Enclosures ..-- . RESOLUTION NO. 04- 60 178 A RESOLUTION OF THE BOARD OF ZONING APPEALS RELATING TO PETITION NO. CUE- 2003-AR-4856 FOR A ONE-YEAR EXTENSION OF CONDITIONAL USE 14 OF THE '''A'' AGRICUL TURAL ZONING DISTRICT FOR A CLOTHING OPTIONAL SOCIAL CLUB FOR PROPERTY HEREINAFTER DESCRIBED IN SECTION 18, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. WHEREAS, the Legislature of the State of Florida in Chapter 125, Florida Statutes, has conferred on all counties in Florida the power to establish, coordinate and enforce zoning and such business regulations as are necessary for the protection of the public; and WHEREAS, the County pursuant thereto has adopted a Land Development Code (Ordinance No. 91-102) which establishes comprehensive zoning regulations for the zoning of particular geographic divisions of the County, among which is the granting and extending the time period of conditional uses; and WHEREAS, on September 12, 2000 the Board of Zoning Appeals enacted Resolution No. 2000-299 attached hereto and incorporated by reference herein, as Exhibit "A" which granted a conditional use pursuant to Subsection 2.2.2.3.14 of the Land Development Code for a clothing optional social club on the below described property; and WHEREAS, Subsection 2.7.4.5.3 of the Land Development Code provides that the Board of Zoning Appeals may grant one one-year extension for a conditional use which has not been commenced. NOW, THEREFORE, BE IT RESOLVED by the Board of Zoning Appeals of Collier County, Florida that: The petition of James K. Keiser, of Southern Exposure of Naples, Inc., for a one one-year extension of conditional use 14 in a Rural Agricultural Zoning District pursuant to Subsection 2.2.2.3. of the Land Development Code for a clothing optional social club in interest of the following described property: "Exhibit B" is hereby approved. The expiration date for said Resolution No. 2000-299 and all conditions applicable thereto, is hereby extended for one additional year until September 12, 2004. Page 1 1'18 I.: , .. . 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 ,2004. BOARD OF ZONING APPEALS COLLIER COUNTY, FLORIDA /0 d~ '.'~~ BY: ' ~ \ \ \" I t I I I. . / II, i .' J DONNA FIALA, CHAIRMAN . \ \ \ \ :..... (\ '.- i].:: /\ '1... ", (.' Ari,i$S~'~" ..:.~',~~,(',,'-... l}~lGaF1r.'5~6q~rLERK . ~. M~' .1'tI.~ttIMIn .:: ... . I !: j,'~ '. ': 't ~(~aq,r~)/&~~j. ,: .-' .' ti.:(~\gJ~.)~~tb-0. -"",';';;;i':';,',':: .~' :;,';>: Apprdveo,:f:t~:t.O..Fdim and Legal Sufficiency: ~ddJ.~ Marjori . Student Assistant County Attorney Item # 11& Agenda ~.~ t.( -0'1' Date Date t1.d5 ,0 ':f Rec'd ~j)JI1m~~ Page 2 eputy Clerk -. - ---'._~'._-""-'--"--'--"-' .-'"-------- --"",,--- . '. r . RESOLUTION 2000- 299 178 A RESOLUTION PROVIDING FOR THE ESTABLISHMENT OF A SOCIAL CLUB CONDITIONAL USE "14" IN THE "A" ZONING DISTRICT FOR A CLOTHING OPTIONAL SOCIAL CLUB PURSUANT TO SECTION 2.2.2.3 OF THE COLLIER COUNTY LAND DEVELOPMENT CODE FOR PROPERTY LOCATED IN SECTION 18, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 8.7l:t ACRES. WHEREAS, the Legislature of the State of Florida in Chapter 67-1246, Laws of Florida, and Chapter 125, Florida Statutes, has conferred on Collier County the power to establish, coordinate and enforce zoning and such business regulations as are necessary for the protection of the public; and WHEREAS, the County pursuant thereto has adopted a Land Development Code (Ordinance No. 91-102) which includes a Comprehensive Zoning Ordinance establishing regulations for the zoning of particular geographic divisions of the County, among which is the granting of Conditional Uses; and WHEREAS, the Collier County Planning Commission, being the duly appointed and constituted planning board for the area hereby affected, has held a public hearing after notice as in said regulations made and provided, and has considered the advisability of Conditional Use "14" of Section 2.2.2.3 in an "A" Zone for a clothing optional social club on the property hereinafter described, and has found as a matter of fact (Exhibit "A") that satisfactory provision and arrangement have been made concerning all applicable matters required by said regulations and in accordance with Subsection 2.7.4.4 of the Land Development Code for the Collier County Planning Commission; and WHEREAS, all interested parties have been given opportunity to be heard by this Board in a public meeting assembled and the Board having considered all matters presented. NOW, THEREFORE BE IT RESOLVED, BY THE BOARD OF ZONING APPEALS of Collier County, Florida that: The petition filed by David W. Rynders, Attorney at Law, representing James K. Keiser, with respect to the property hereinafter described as; Exhibit "B" which is attached hereto and incorporated by reference herein be and the same is hereby approved for Conditional Use "14" of Section 2.2.2.3 of the "A" Zoning District for a clothing optional social club in accordance with the Conceptual Master Plan (Exhibit "C") and subject to the following conditions: Exhibit "D" which is attached hereto and incorporated by reference herein. BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this Board. Exhibit "A" ..,.".- This Resolution adopted after motion, second and majority vote. 1 78 ..... Done this /;1;Cil..- dayof ~ ,2000. BOARD OF ZONING APPEALS COLLIER CO A ...<'~:~;~';:fii'::;;:'i;~"".""" BY: ;::" ,;...,' 1>,..;,- ': (,: "" TIM (1~~~~ft~';~j) · \,:oWIGHtfii;j;ii{QCIS Clerk .,.,...."...,,':}~~if...::;~:~::..... ./ ~; f;~~/p ,,~~tl Attest as to Chafr.an' Approved as to Fonn and signature onl] s Legal Sufficiency: · '= j,IYJ .{;b.l dP.tL~ Marj 'e M. Student Assistant County Attoney gladmin/CU-2000-06/ RESOLUTIONISMlim -2- "....., ---'.- ,_.~,- ----. . . . 178 FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU~2000-06 The following facts are found: 1. Section 2.2.2.3.14 of the Land Development Code authorized the conditional use. 2. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: A. Consistency with the Land Development Code and Growth Management Plan: / 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 ingr~s & egress Yes. No C. Affects neighboring properties in relation to noise, glare, economic or odor effects: vi' No affect or Affect mitigated by Affect cannot be mitigated D. Compatibility with adjacent properties and other property in the district: Compatible use wit~n district Yes No Based on the above findings, this conditional use should, with stipulations, . (66~y atta~hed) (should not) be recommended for approva;1 ---.!JPPROVf . !2A/IMfl} A l1uJ1 DATE: 0{!t~!oO CHAIRMAN: EXHffiIT "A" g/admin/Findings of Fact Chainnan/ClJ-2000-06/SM/im ..,,~,- ----- -'._---~-~'_..". -"".._~--_..,,- . . '"no" . 178 1 CU-2000-06 Exhibit B N ~ ofN ~ ofNE 14 ofSE 14 of Section. 1 8, Township 49S, Range 26E, less west 70 feet thereof and less 1-75 Right-of-Way. ,-_.._,-_.,', -- ~....... - . 178 1"2 213.:13 \\9 .1J \1)SQNVl ,$ , .- G .... rJ v ill >o...J\.j (] E l::.G P ~I..J rnv .::J r-<N u""Z oJ :c. CH .x :J If u. . r..:::. '.L '0 wlX' <t: >< u OP- V) '-" v z L <{. z . l-I ..-I Z<( <:t" ZW --1 ~C/ G.. .-1- (.1' <( r - _. -- -- 0 LlJ / j- uJ I / cc 1-\ IJ n ~ I 7 :c --1 H I <C ~ .-J r- i U < I ....... -1 ,.-' (~ Z - -.J cL -q- .- I .' <f ~ U- e:..: oi'" .,- I '-' ~I ~- -9 -.. ~ [--~- \ I l.J I \. ,.-- L. I L1J G . I '.- - --- u I - 0_ oit:J (..j I , -- - - I ....... ~ "> - ~-J v Q/ rJ U~ 1---\ I~ Zw U: \J(V' -- o=~ cC \J 'b: u) I l.J (::J , --.. ~ I ~ l...... I ~ Vi I I p z. --- c:x:' <:( -:::- I - __~2"I,;Jn lJ --29 VJ " 9-"~Vl______----1 _._..._._....._~,~,~.~.. ,..- ~",--~._,--_._.~" .. -~"-~,_..,- .~.- '."-_.." ,. . . Page 1 of 2 of Exhibit D CU-2000-06 17l . Subject to the following conditions: a. The Planning Services Department Director may approve minor changes in the location of the Use within the building or structures and improvements authorized by the conditional use. Expansion of the uses identified and approved within this conditional use application, or major changes to the site plan submitted as part of this application, shall require the submittal of a new conditional use application, and shall comply with all applicable County ordinances in effect at the time of submittal, including Division 3.3, Site Development Plan Review and approval, of the Collier County Land Development Code (Ordinance No. 91-102). b. If, during the course of site clearing, excavation or other construction activity, an historic or archaeological artifact, or other indicator is found, all development within the minimum area necessary to protect the discovery shall be immediately stopped and the Collier County Code Enforcement Department contacted. c. An appropriate portion of native vegetation shall be retained on site as required in section 3.9.5.5.4. of the Collier County Land Development Code. d. Within 30 days of conditional use approval, the petitioner shall initiate an exotic vegetation removal/maintenance program for the subject property. This removal/maintenance program shall be implemented on a yearly basis at a minimum. e. The petitioner shall obtain Site Development Plan (SDP) approval for the site within six (6) months of Conditional Use approval by the Board of County Commissioners. Within sixty (60) days of approval of the Conditional Use petition by the Board of County Commissioners, the property owner shall submit a completed application for Site Development Plan approval to Collier County. f. Concurrent with the Site Development Plan approval process, the property owner shall apply for building permits for all non-permitted structures on site. The property owner shall obtain necessary inspections and a Certificate of Occupancy for the site. g. Within ninety (90) days of Conditional Use approval, the developer shall install a minimum of a twenty (20) foot wide, Type D vegetative buffer along the west, north and south property boundaries. The buffer shall be designed to be 100 percent opaque at planting. Trees shall be planted at a minimum height of twelve (12) feet. The developer shall retain existing native vegetation within these buffers to the greatest extent possible. h. The portion of Nighthawk Lane from its intersection with Whippoorwill Lane to Pet Ranch Road shall be maintained in a dust free condition. ----.-.-',.- '~--".-. . . . 178 - Page 2 of2 of Exhibit D CU-2000-06 . 1. Within ninety (90) days of Conditional Use approval, the developer shall install a six (6) foot high perimeter fence and secure gate at the driveway. The fence shall be located along the north, south and west boundaries adjacent to the internal boundary of the required landscape buffer. J. Within ninety (90) days of Conditional Use approval, the property owner shall remove and properly dispose of or properly store all scrap metal, litter, tools, abandoned vehicles and campers from the subject site. k. Activities that occur on site shall be limited to sunbathing, outdoor bar-b-cues, recreational activities associated with bar-b-cues such as volleyball and horseshoes, potluck suppers and membership meetings. The sunbathing, bar-b-cues and recreational activities associated with bar-b-cues may occur on a daily basis. Potluck suppers and membership meetings shall occur no more than once every 30 days per use. Any uses of the site beyond those defined above and/or changes to the time limitations shall require the submittal and approval of a new conditional use. I. Concurrent with the installation of the required landscape buffer, the petitioner shall instalVcreate an 8 foot wide land buffer which extends 35 feet into the lake, at a 45 degree angle to the shoreline, at the north and south ends of the eastern upland boundary, where it abuts the western boundary of the lake. These buffer areas shall be planted with either vegetation capable of reaching 100 percent opacity within one year, planted at a minimum height of6 feet, or a fence structure, 100 percent opaque at a minimum of 6 feet in height. "-"-.^-.'~- ___.'N._'~"'___'_"'~___'_"""~ '-""-'---' COLLIER COUNTY FLORIDA (i) 1 7C REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS To: Clerk to the Board: Please place the following as a: x~ Normal legal Advertisement o Other: (Display Adv., location, etc.) ********************************************************************************************************** Originating Dept/ Div: Public Utilities Operations Person: Tom Wides Date: 2/2/04 Petition No. (If none, give brief description): Petitioner: (Name & Address): Name & Address of any person( s) to be notified by Clerk's Office: (If more space is needed, attach separate sheet) Hearing before x BCC BZA Other Requested Hearing date: (Based on advertisement appearing 10 days before hearing. 2/24/04 Newspaper(s) to be used: (Complete only if important): x~ Naples Daily News o Other o Legally Required Proposed Text: (Include legal description & common location & Size: AN ORDINANCE OF COLLIER COUNTY, FLORIDA, REPEALING ORDINANCE NO. 77-58, WHICH ORDINANCE ESTABLISHED THE MARCO WATER AND SEWER DISTRICT; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; PROVIDING AN EFFECTIVE DATE. Companion petition( s), if any & proposed hearing date: Does Petition Fee include advertising cost? xD Yes o No If Yes, what account should be charged for advertising costs: 408- 210111 :J.Nc4 Date List Attachments: DISTRIBUTION INSTRUCTIONS A. For hearings before BCC or BZA: Initiating person to complete one copy and obtain Division Head approval before submitting to County Manager. Note: If legal document is involved, be sure that any necessary legal review, or request for same, is submitted to County Attorney before submitting to County Manager. The Manager's office will distribute copies: o County Manager agenda file: to o Requesting Division o Original Clerk's Office B. Other hearings: Initiating Division head to approve and submit original to Clerk's Office, retaining a copy for file. *********************************************************************************************************** FOR CLERK'S OFFICE USE~ o-J l~tO~ Date Received:d- S- Date of Public hearing: ~ Date Advertised: - ----.--- ~ 17C ORDINANCE NO. 2004 - AN ORDINANCE OF COLLIER COUNTY, FLORIDA, REPEALING ORDINANCE NO. 77-58, WHICH ORDINANCE ESTABLISHED THE MARCO WATER AND SEWER DISTRICT; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; PROVIDING AN EFFECTIVE DATE WHEREAS, effective November 15, 1977, the Board of County Commissioners (Board) adopted Ordinance No. 77-58 to create the Marco Water and Sewer District; and WHEREAS, on September 26, 2000, the Board approved the purchase, sale, and transfer of the wastewater system and all related utility facilities located within the geographic boundaries of this District to the City of Marco Island, Florida, and the City assumed operations of all such facilities, but the County did not dissolve the Marco Water and Sewer District; and WHEREAS, this District has no existing function because of incorporation of the City of Marco Island coupled with the City's purchase of the water and wastewater systems and facilities from Florida Water Services Corporation; and WHEREAS, the District has no outstanding obligations, including bonds; and WHEREAS, staff has recommended that the Board repeal Ordinance No. 77-58 to dissolve this non-functioning Water and Sewer District; and WHEREAS, the Board accepts staffs recommendation to repeal Ordinance No. 77-58. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION ONE. Collier County Ordinance No. 77-58 is hereby repealed. SECTION TWO. CONFLICT AND SEVERABILITY. In the event this Ordinance conflicts with any other Ordinance of Collier County or other applicable law, the more restrictive shall apply. If any phrase or portion of this Ordinance is held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portions. ~ 17C SECTION THREE. INCLUSION IN THE CODE OF LAWS AND ORDINANCES. This Ordinance shall be made a part of the Code of Laws and Ordinances of Collier County, Florida. The sections of the Ordinance may be renumbered or relettered to accomplish that result, and the word "Ordinance" may be changed to "Section," "Article" or any other appropriate word. SECTION FOUR. EFFECTIVE DATE. This Ordinance shall be effective upon filing with the Florida Department of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this day of ,2004. ATTEST: BOARD OF COUNTY COMMISSIONERS Dwight E. Brock, Clerk COLLIER COUNTY, FLORIDA By: By: Deputy Clerk Donna Fiala, Chairman Approved as to form And legal sufficiency Thomas C. Palmer, Assistant County Attorney 17C February 6, 2004 Attn: Georgia Naples Daily News 1075 Central Avenue Naples, Florida 34102 Re: Repeal of Ordinance 77-58, Marco Water & Sewer Dear Georgia: Please advertise the above referenced notice on Friday, February 13, 2004, and kindly send the Affidavit of Publication, in duplicate, together with charges involved to this office. Thank you. Sincerely, Ann Jennejohn, Deputy Clerk P.O.jAccount #408-210111 -,._-".". "~._-- 17C NOTICE OF INTENT TO CONSIDER ORDINANCE Notice is hereby given that on Tuesday, February 24, 2004, in the Boardroom, 3rd Floor, Administration Building, Collier County Government Center, 3301 East Tamiami Trail, Naples, Florida, the Board of County Commissioners will consider the enactment of a County Ordinance. The meeting will commence at 9:00 A.M. The title of the proposed Ordinance is as follows: AN ORDINANCE OF COLLIER COUNTY, FLORIDA, REPEALING ORDINANCE NO. 77-58, WHICH ORDINANCE ESTABLISHED THE MARCO WATER AND SEWER DISTRICT, PROVIDING FOR CONFLICT AND SEVERABILITY, PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES, PROVIDING AN EFFECTIVE DATE Copies of the proposed Ordinance are on file with the Clerk to the Board and are available for inspection. All interested parties are invited to attend and be heard. NOTE: All persons wishing to speak on any agenda item must register with the County administrator prior to presentation of the agenda item to be addressed. Individual speakers will be limited to 5 minutes on any item. The selection of an individual to speak on behalf of an organization or group is encouraged. If recognized by the Chairman, a spokesperson for a group or organization may be allotted 10 minutes to speak on an item. Persons wishing to have written or graphic materials included in the Board agenda packets must submit said material a minimum of 3 weeks prior to the respective public hearing. In any case, written materials intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of seven days prior to the public hearing. All material used in presentations before the Board will become a permanent part of the record. Any person who decides to appeal a decision of the Board will need a record of the proceedings pertaining thereto and therefore, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is based. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA DONNA FIALA, CHAIRMAN DWIGHT E. BROCK, CLERK By: IS/Ann Jennejohn, Deputy Clerk (SEAL) --~"" ---.- Ann P. Jennejohn lZ.C To: Georgia (E-mail) Subject: Repealing Ordinance 77-58 Hi Georgia, Please advertise the attached on Friday, February 13th, 2004. Thank you, Ann ~ ~ REPEAL REPEAL ORD. Minutes & Records ORD.77-58.doc 77-58.doc 1 ~~._-,-~._..... -- .-.-.-- 1 ~1' Ann P. Jennejohn It.; From: postmaster@clerk.collier.fl.us Sent: Friday, February 06, 2004 11 :35 AM To: Ann P. Jennejohn Subject: Delivery Status Notification (Relay) I~ B " -" ATT300184.txt Repealing Ordinance 77-58 This is an automatically generated Delivery Status Notification. Your message has been successfully relayed to the following recipients, but the requested delivery status notifications may not be generated by the destination. legals@naplesnews.com 1 .~"'_~_M ---- Ann P. Jennejohn 17C From: System Administrator [postmaster@naplesnews.com] Sent: Friday, February 06, 2004 11 :37 AM To: Ann P. Jennejohn Subject: Delivered: Repealing Ordinance 77-58 U ."". .. Repealing Ordinance 77-58 <<Repealing Ordinance 77-58>> Your message To: Georgia (E-mail ) Subject: Repealing Ordinance 77-58 Sent: Fri, 6 Feb 2004 11:34:28 -0500 was delivered to the following recipient(s): legals on Fri, 6 Feb 2004 11:37:16 -0500 1 ----- Repealing Ordinance 77-58 Page I of I Ann P. Jennejohn 17C =~,~~ _~~~~_'_____~~~~~~_'~"_~~'_"___~~'_'~~_~_~'U^_'__~_V_.~~._______.__'_'____~~~~~~ From: legals [Iegals@naplesnews.com] Sent: Monday, February 09, 2004 11 :48 AM To: Ann P. Jennejohn Subject: RE: Repealing Ordinance 77-58 rcvd to run feb. 13 thanks georgia -----Original Message----- From: Ann p, Jennejohn [mailto:AnnJennejohn@c1erk.collierJl.us] Sent: Friday, February 06,2004 11:34 AM To: Georgia (E-mail) Subject: Repealing Ordinance 77-58 Hi Georgia, Please advertise the attached on Friday, February 13th, 2004. Thank you, Ann Minutes & Records <<REPEAL ORD.77-58.doc>> <<REPEAL ORD. 77-58.doc>> 2/9/2004 ---..- ---.~ . Naples Daily News 1 n~.. Naples, FL 34102 7 C NO OF . INTENT . CONSIDER Affidavit of Publication . Naples Daily News Notice Is hereby 1I1~n that on Tutlday. Febru. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - + - - - - - - - - - - - - - - - - - - - - - - - -" ary 24. 2004. In tll Boardr~~!!\/~3i'd Floor. AdmlnnlVlRlOfl Building. Collier .County Govern. ment Center, 3301 Eut BOARD OF COUNTY COMMISSIONERS Jr:,!/~1 Jf:llio~~'e~f CHERI LEFARA C01lU' nty Commlssloners w consider the enact. PO BOX 413 016 ment of a CountY Orell. NAPLES FL 34101-3016 nance. nte meeting will commtnce at 9:00 A.M. The title of the pro- posed Ordinance Is u follows: AN ORDINANCE OF COL. REFERENCE: 001230 408210111 k1'JB~~n~~~~~ 58804134 77-58 REPEAL NOTICE NO. n'~W."lctl..ORDI' NANC! STAtLISHED THE MAR 'WATER AND State of Florida SEWER DISTRfCTI PRO" County of Collier VIDING FQR CONFLICT Before the undersigned authority, personally ~:OOVI~I~~E~~....\~&lt: appear~d B. Lamb, who on oath says that she serves ~~~~l~.E.~C~Di~.O~ as Ass1.stant Corporate Secretary of the Naples MAHCEI: PROYt....k Daily News, a daily newspaper published at Naples, UfEcmW~~ in Collier County, Florida: that the attached COl!Ies of the pro osed copy of advertising was published in saidOtjth th CI k newspaper on dates listed. roard..;,.;.rav~~: Affiant further says that the said Naples Daily ~. .. .... . All Intel'. News is a newspaper published at Naples, in said to .. ......~ Collier County, Florida, and that the said NOTE II . h h f b . 1 : A 1*'$01'II wish- newspaper as ereto ore een cont1.nuous y Inll to speak on any published in said Collier County, Florida, each ftWR . day and has been entered as second class mail ::I; i:1th !!'~. UI!tY. . e. matter at the post office in Naples, in said ~~~d;~ Collier County, Florida, for a period of 1 year=Tvictto re .......ed. next preceding the first publication of the btl~~nu: attached copy of advertisement; and affiant O1lqltilm.:'~I8Iec' furtl;er says that she l;as neither pai<;l nor ~':J' of~:ir~ to prom1.sed any person, f1.rm or corporat1.on any 0l'lJen1zatlon Of lII'Oupal~ discount, rebate, commission or refund for the encour...d. IfreCOll' f . th' d t' t f nlzed lily the Chalrma", purp?se. 0 ~ecur1.ng, 1.S aver 1.semen or a spokesperson for a publ1.ct1.on 1.n the sa1.d newspaper. grOUpo~nlz.tlon may be 10 min. utes to .peak on an PUBLISHED ON: 02/13 ItiIm. Perlonlwl.hlng to :::te.f~f.~'n~ur:t't~ the Board ICMIIdt pack. ets must submit said material a minimum of 3 AD SPACE: 116.000 INCH ::~~Ior~~~e: F I LED ON: 02/13/ 04 tin tnY casel ~ written mI. el'lals ntended to be - - - - - - - - - - - - - - - - - - - - - - - - - - - -~ - - - - - - - - - - - - - - - - - - - - - - + - - - - - - - - - - - - - - - - - - - - - - -. considered by. the IoarcI / A"" shall be submItted to Signature of Affiant ~ ,...---- ) thteff,pprolp.lrlate County , ri /' sa.1I m n mum. of.sev. . / vt /'"~ /} .. aft rt1~L~ t Sworn to and Subscribed before me this ~Aay of r-eff- 20C></ r:r'~1 Us"'iCI'lir"~~":: M ~. /? / tlons before the loard Personally known by me (.../\.)J..e.(:7' li...L..c.."4i)- .~"-t'{ will become II perma. nent part of the I'8CorcI. Any ...o~ who decld. e! e. to appeat a decision ""'"'' . of the 80IrcI wHl need a /j,~&'~.'.f.~~(:;-.. Harnett Bushong record Of the proceed. f.:' ':.~ MY COMMISSION # DD234689 EXPIRES Ings pettalnlng thereto ,,;. :,= J Iy 24 2007 and therefore, mllY ";y/........~9/ U, need to ensure that II .{,9f,,:t~'" BONDED THRU TROY fAIN INSURANCE, INC . verbatim recorel of the I prochtldl.ngS I. made, whle ~rd Include. the testimOny and evl- , d.nce ullOn which the appeal Is based. BOARD OF"COUNTY COMMISIlOHERS ~UtR 'COUNTY. DONNA FIALA. CHAIR. MAN . DWIGHT" E. BROCK, , CL!RK . ~s6:: JenneJohn.1 (SEAL) ~eb. 13 No. 482806 -----...- 17C 1~'1 I' MEMORANDUM Date: March 5, 2004 To: Barbara Olko Public utilities From: Linda A. Houtzer, Deputy Clerk Minutes & Records Department Re: Ordinance 2004-09 Please find enclosed one copy of the validated document referenced above, approved by the Board of County Commissioners on Tuesday, February 24[ 2004. (Agenda Item #17C) If you should have any questions[ please call me at: 774-8411. Thank you. Enclosure --.--- -.<.- -,,,,---,,,,,,^"'---'~""" '7 r',~ 1. .~. C ORDINANCE NO. 2004 - 09 I- AN ORDINANCE OF COLLIER COUNTY, FLORIDA, REPEALING ORDINANCE NO. 77-58, WHICH ORDINANCE ESTABLISHED THE MARCO WATER AND SEWER DISTRICT; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; PROVIDING AN EFFECTIVE DATE WHEREAS, effective November 15, 1977, the Board of County Commissioners (Board) adopted Ordinance No. 77-58 to create the Marco Water and Sewer District; and WHEREAS, on September 26, 2000, the Board approved the purchase, sale, and transfer of the wastewater system and all related utility facilities located within the geographic boundaries of this District to the City of Marco Island, Florida, and the City assumed operations of all such facilities, but the County did not dissolve the Marco Water and Sewer District; and WHEREAS, this District has no existing function because of incorporation of the City of Marco Island coupled with the City's purchase of the water and wastewater systems and facilities from Florida Water Services Corporation; and WHEREAS, the District has no outstanding obligations, including bonds; and WHEREAS, staff has recommended that the Board repeal Ordinance No. 77-58 to dissolve this non-functioning Water and Sewer District; and WHEREAS, the Board accepts staff's recommendation to repeal Ordinance No. 77-58. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION ONE. Collier County Ordinance No. 77-58 is hereby repealed. SECTION TWO. CONFLICT AND SEVERABILITY. In the event this Ordinance conflicts with any other Ordinance of Collier County or other applicable law, the more restrictive shall apply. If any phrase or portion of this Ordinance is held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portions. -~----'-~_.~- ..~_,.,_.._._.._.,",.._,...," 'OM ..,\ ~.,")'(; '*'-: SECTION THREE. INCLUSION IN THE CODE OF LAWS AND ,I ORDINANCES. "'''"' , N ~J Il-,,.I " This Ordinance shall be made a part of the Code of Laws and Ordinances of Collier County, Florida. The sections of the Ordinance may be renumbered or relettered to accomplish that result, and the word "Ordinance" may be changed to "Section," "Article" or any other appropriate word. SECTION FOUR. EFFECTIVE DATE. This Ordinance shall be effective upon filing with the Florida Department of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this ~ day ofFe.bH.Ja~l.( ,2004. ATTEST: BOARD OF COUNTY COMMISSIONERS Dwight E. Bmckt Cl~1,'k COLLIER COUNTY, FLORIDA ,. ,'\'J 11 ~t, . '1// By: ~,d~ .:,~.;~:~~:~:~'o .~..:~;~;~,~ By: - "., ," (, ,. ~ ~ .:., 'D~Y'e ,<< , ~.4 ~ :-: J1 : U -y" .~ -..: ;; onna FIala, Chairman Attij~~,s ow,cfff : J ~ ' '.." ',\, 'J .,.J .^..,....;.. ""I.,.",, .{".~;;" ,.' '/ "~ ~,.', ',' .~. '~~) .. "r,~.~.... ;,~~ ",' Approve-ctI ' iif~~\\'" '"And 1e'gal su~fY~~ey'" '_,H~_. -U~ -~~ Thomas C. Palmer, Assistant County Attorney ~, ,.,.>--",,_._,~..,.....,.'-'...... _.__..'" ~~_'>'> ~._ ,"'_' __,'~'.""_'_.__m ._-~ ..--- STATE OF FLORIDA) ,- COUNTY OF COLLIER) . , .1 )"" i( , 'l..' I, DWIGHT E. BROCK, Clerk of Courts in and for the Twentieth Judicial Circuit, Collier County, Florida, do hereby certify that the foregoing is a true and correct copy of: ORDINANCE 2004-09 Which was adopted by the Board of County Commissioners on the 24th day of February, 2004, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 25th day of February, 2004. ,\\llllilli"""" ..... DWIGHT E. BROC.K"'~\tl~~!1U:... ~ ~ ~C', ~ trd"~ '.. Clerk of Coul; ~.~-:"il' .... . ~ . . ~~~~ .~~ Ex-off~c~o ;' t- '''~'~'~~\ ,..~ "\ .:..~ County comm:tKf,~~.~~~: '::.lJi; . 15 ,~ . '. ,""i,":,ljj,.:J!i: "::t :: ~() ~~/.~~ - ,,,! . ".' . -....... . ~"-.:: . '. -'!to.( . . . .'!:J:;: ',,\~ _....<!I~. ..~~.....~ ~ ~. ........ ~,,~ " '., ~~W~ ".~... \" By: Linda A. HOU: I~~\~\I\"'\ Deputy Clerk --- "-~- -..-..-.-..-......-...--- .