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Agenda 02/25/1997 RCOLLIER COUNTY AGENDA Tuesday, February 25, 1997 9:00 a.m. NOTICE: ALL PERSONS WISHING TO SPEAK ON AR~ AGENDA ITEM MUST REGISTER PRIOR TO SPF2tKINO. REQUESTS TO ADDRESS THE BOARD ON SUBJECTS WHIC~ ARE NOT ON THIS AGEIN'DA MUST BE SUBMITTED IN WRITING W/TH EXPLANATION TO THE COUNTY MANAGER AT LEAST 13 DAYS PRIOR TO THE DATE OF THE M~ETING AND WILL BE ltF2%RD UNDER "PUBLIC PETITIONS". A/TY 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 T]tE TESTIMONY AND EVIDENCE UPON WHICH THE APPF..AL IS TO BE BASED. ALL REGISTERED PUBLIC SPEAKERS WILL BE LIMITED TO FIVE (5) MINUTES UNLESS PERMISSION FOR ADDITIONAL TIM~ IS GRA3~TED BY THE CHAIRF~AN. ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUh-fY COMMISSIONERS' OFFICE LUNCH RECESS SCHEDULED FOR 12t00 NOON TO 1:00 P.M. 3. P v END NS 4. February 3, 1997 - Workshop. February 4, 1997 - Regular meeting. 5. L T ON RV WARD A. (1) Proclamation designating the week of February 23 March 1, 1997 as Emergency Planning and Community Right-to-~,now' Awareness Week. To be accepted by Ken P!neau, Director of Emergency Management. C. 6. PPR VA K' R A. ANALYSIS OF CF. ANGES TO RESERVES FOR CONTINGENCIES I. General Fund (001) 2. Community Develo~men= Fund (113) 3. Faciil:ies Construction Fund (301) 7. 1 February 25, 1997 8. C0U~TY MANAGER'S REPORT A. COM;4~NITY D~%'ELOPMI~T & ENVIRO~AL SERVICE~ (1) Petition C-97-2, Our Lady of Guadalupe Catholic Church requesting a permit to conduct a carnival from March S through March 9, 1997, on their church grounds located at 219 South 9th Street in Immokalee. (2) Staff review and recommendations relative to Ordinance 88-50, as amended, also known as the Gadaleta PUD, which, according to the required PUD Status Report submitted by the property owner/agent, has not commenced construction, as defined in Section 2.7.3.4 of the Collier County Land Development Code, resulting in several possible courses of action for the Board of County Commissioners to consider. (3) Recommendation that the Board of County Commissicners approve a Resolution certifying that the Im~okalee Main Street Project is consistent with Collier County's lo¢al plans and regulations including the Growth Management Plan. (4} Resolution that the Board of County Commissioners accept and implement the Economic Diversification Program, Phase II, presented by the Council of Economic Advisors and prepared by the Florida Planning Group, Inc. (Continued from the meeting of 2/18/97). B. PV~LIC WQ~$ (1) Reports to the Board on the status of the County-wide Signal System Contract and on-going programs and research for traffic management improvements within Collier County, C. PUBLIC $~RVICES (1) Recommendation that the Board of County Commissioners terminate the donation agreement between Collier County and the Naples Roller Hockey League, and authorize either the construction of a modified roller hockey rink at Veteran's Community Park or the originally approved covered basketball facility. D. SUPPORT SERVICES (1) Recommendation to select the newspaper for the advertising of delinquent rea! estate and personal property taxes. E. COUNTY MANAGER (1) Update the Disaster Recovery Advertising Program, including =he proce~..~es for activating communication lines, annual design work required and procedures for authorizing level of advertising and payment for advertising. (Continued from 2/11/97 Item SE(l)). (2) Approve funding to Nets Assets, Inc. D/B/A Nuveen Mas=ers for $390,000 for advertising and promotion of tennis qualifying tournament, Tourist Development Category C Funds. 9. COUNTY ATTORNEY'S REPORT 2 February 25, 1997 (A) A Resolution amending Resolution No. 96-590 authorizing the issuance of not exceeding $16,500,000 in aggregate principal amount of Collier County, Florida, special obligation revenue bonds, Series 1997. A. Appointment of member to the Public Vehicle Advisory Board. B. Interim County Manager Contract with Board of County Commissioners. Presentation of EPTAB's Report to the BCC on "Invasive Exotic Plants in Collier County". (Continued from the meeting of 2/18/97) PUBLIC HEARINGS WILL BE HE.kP~ IMH]£DIATELY FOLLOWING STAFF ITEHS B. N ND (1) Petition PUD-86-9(4), Bruce J. Siciliano, AICP, of Agnoli, Barber & Brundage, Inc., representing Ronto Developments Naples, Inc., requesting an amendment to the Heritage Greens Pb~ for the purpose of reducing the side setback to 5 feet for one story garages in conjunction with coach homes for property located on the south side of Immokalee Road (C.R. 846), approximately one mile west of C.R. 951 in Sec. 28, T48S, R26E, consisting of 251.46 acres. (I) Recommendation that the Board of County Commissioners consider for approval a stipulated settlement agreement between Florida Department of Community Affairs and Collier County, Florida, for the purpose of settling DOAR Case No.92-6350GM in which the appendices to the County's then existing road, water, sewer, EMS. library system and parks and recreational facilities impact fee ordinances' consistency with certain policies of the hcusing element of the Growth Management Plan was challenged. (2) Petition AV 96-034, George L. Varnadoe as agent for Owner, Barton Collier Partnership, requesting vacation of the public interest in a portion of an eighty foot road right-of-way platted as Trail Boulevard, as shown on the plat of Pine Ridge Second Extension, as recorded in Plat Book 10, Page 86, of the public records of Collier County, Florida. (1) Petition V-97-1, Craig R. Woodward of Woodward, Pires & Lombardo, P.A., representing Evelyn Brewer and Vivian wolfe, requesting an after-the-fact variance February 25, 1997 of 3.15 feet from the required front yard setback of 30 feet to 26.85 feet for an existing single family residence located at 467 Kendall Drive on Marco Island. {2} Petition V-96-31, Daniel Tetlow, Jr., requesting a 7.25 foot dimensional variance from the side yard setback requirement of 7.5 feet to allow an existing single family dwelling unit to remain at .25 feet from the westerly side property line in an RSF-4 Zoning District for property located in Naples Manor Subdivision, Unit 1, Block 4 Lot 8, Sec 29, TSOS, R26E. ' · (3) Petition CU-96-25, Agnoli, Barber & Brundage, inc., representing Community Congregational United Church of Christ, requesting Conditional Use "7" and "11" of the "A" Zoning District for church expansion and accessory uses and a child care center for property located at 15300 Tamiami Trail North in Sec. 9, T48S, R25E, consisting of 5 acres, more or less. (4) Petition V-96-28, John Grissom representing Landmark Communities, c/o Mike Jeppesen requesting a 1.94 foot dimensional variance from the rear yard setback requirement of five (5) feet for an accessory structure in a PUD zoning district for property located in Queen0s Park Subdivision at Lago Verde, Phase Seven, Lot 189, Sec. 18, T50S, R26E. (Continued from the meeting of 1/28/97) (5) Petition V-96-30, .Joel £. Metts representing Francis A. Oakes of Oakes Produce Market requesting a variance of 15 feet from the required side yard setback of 15 feet to -0- feet for a property located at 2205 Davis Boulevard. B. ~ 14. DOARD OF ~QUN~¥ COMMISSION'ERS, COM~UJNICATION~ 15. STAFF'S COM2~'UNICATION~ 16. 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 ia desired by a member of the Board, that item(a) will be removed from the Consent Agenda and considered separately. A. CO~J~,JNIT¥ DEVELOPMENT & EN'TIRON'M~NT, AL $~RVI~.h (1) Recommendation to approve Lien Resolutions for the following: (a) Code Enforcement Case No. 61002-026: owr, er of record - £usenio Lopez and Susans Lopez. (b~ Code Enforcement Case No. 61010-028; owner of record - £. B. Bassichis, et ux. (c) Code Enforcement Case No. 60905-057; owner of record - Leonard j. Buhri, Nickolas Karalis. 4 February 25, 1997 (d) Code Enforcement Case No. 60613-013; OWner record - Richard F. McCullough. (e) Code Enforcement Case ~;o. 60529-077. record - Richard F. McCullough. , oWner of {f) Code Enforcement Case No. 60223-087; owner of record - Maurice C. Rix. (g) Code Enforcement Case No. 60326-005; o~..er of record - The New York Times Co. (h) Code Enforcement Case No. 60502-052; owner of record - Donald M. Thompson. (i) Code Enforcement Case No. 60515-007; OWner of record - R. K. Realty of FL, Inc. (J) Code Enforcement Case No. 60521-015; owner of record . Antonio L. Quintana. (k) Code Enforcement Case No. 60617-036; owner of record - Charles E. Duquet. I1) Code Enforcement Case No. 60619-021; owner of record - Lloyd G. Sheehan, Tr. lm} Code Enforcement Case No. 60621-029; owner of record - Claude E. Schollaerc. (n) Code Enforcement Case No. 60626-055. o~'ner of record - E. Scott ~erring and Deborah L. Retting. (o) Code Enforcement Case No. 60701-105; owner of record - Georges Verbert Est. (P) Code Enforcement Case No. 60718-017; owner of record - Roberto C. Onofre. (q) Code Enforcement Case No. 60718-019; owner of record . Michael R. Fredrickson, Virginia Fredrickson. (r) Code Enforcement Case No. 6072 - . . record - ~ntonio ~.,~-_~_ , ,2 065, owner of Ma~u~a~u~ an~ Flor Marulanda. (s) Code Enforcement Case No. 60806-124; owner of record - Guiseppe Donofrio. (t) Code Enforcement Case No. 60808-016; owner of record - Maurice Trem~lay. (u) Code Enforcement Case No. 60808-023; owner of record John C. Garrison, Jr., Virginia Garrison. (v) Code Enforcement Case No. 60809-010; owner of record - Nasser Nasser, Mayel Massoud. {w) Code Enforcement Case No. 60819-020; owner record - Phillip Pierre, Matthew Hendrick. of (x) Code Enforcement Case No. 60822-062; Owner of record - Fred C, Kramer, Sr., Est. (Y~ Code Enforcement Case No. 60827-048; oWner of record Vincent Solimine and Solimine. Marilyn A. (z} Code Enforcement Case No. 6~79-024; owner of recor~ - Lockport Transport Serv. Inc. February 25, 1997 (aa) Code Enforcement Case No. 60829-036; owner of record - Benito F. Recio. (bb) Code Enforcement Case No. 60830-074; owner of record - Herman Schumacher and Ilse Schumacher. (cc) Code Enforcement Case No. 60905-042; owner of record - Rose L. Casteel. (dd) Code Enforcement Case No. 60905-052; owner of record - Katy E. Mullen Estate. (es) Code Enforcement Case No. 60911-028; owner of record - Zbigniew Tomszay and Dorila M. Tomszay. (fl) Code Enforcement Case No. 60913-048; owner of record - Thomas Sanzalone, et %bx. (gg) Code Enforcement Case No. 60913-049; owner of record - Kelly Ann Mohn, James O. Mohn, (hh) Code Enforcement Case No. 60919-043; owner of record - Daniel R. Meyer, Tr. (ii) Code Enforcement Case No. 61001-100; owner of record - Barbara K. Memory. (jj) Code Enforcement Case No. 61017-060; owner of record - Maria Victoria Pimienta. (kk) Code Enforcement Case No. 61104-023; owner of record - Thomas J. Gaetano. (2) Water and sewer facilities acceptance for Village Walk, Phase 5-A. (3) Appropriate carry forward funds received from private donations for the Building Immokalee Together Project. (4) Recommendation to approve the final plat of "Southwest Professional Health Park" (5) Recommendation to approve for recording the final plat of Johnnycake Cove. PUBLIC WORKS (1) Approve a Change Order No. i for professional legal service to review and consolidate Collier County Utility ordinances. (2) Approve the Lease Agreement with Big Cypress Elementary School for use of their cafeteria. (3) To recognize and appropriate current year revenue for the Airport Road Median Project #60121. (4) Recommendation to waive the purchasing policy and authorize Staff to approve a right-of-way permit and purchase order in the amount of $196,480 for roadway improvements to Orange Blossom Drive from Goodle~te-Frank Road to the entrance tc the Crossings/Villages of Monterey. (5) Recommendation to a~rove the lease purchase of one articulating four-wheel drive front end loader in accordance with Bid No. 97-2618. 6 February 25, 1997 Co {~) (2) (6} Recommendation to approve the lease purchase of one, three ton track hoe in accordance with Bid #97-2617. (7) Recommendation to approve the lease purchase of four crew cab flat bed dump trucks in accordance with Bid No. 97-2616. (8) Recommendation to approve the lease purchase of five cubic yard dump trucks in accordance with Bid 97-261S. (9) Recommendation to approve and execute the Notice of Claim of Lien for the enforcement of the Notice to pay water and sewer impact fee statement for a property located in the Wyndemere Subdivision. (1] Recommendation that the Board of County Commissioners award the contract to make improvements at Frank E. Mackle Jr. Community Park Community Center to Chris Tel Company General Contractors. (2) Recommendation that the Board of County Commissioners approve the use of Library funds for discretionary purchases in the areas of equipment, supplies, entertainment, rentals, paper goods and food to be used in support of children's and special Library programs. Further, that the Board of County Commissioners adopt the attached budget amendment for such purchases in this fiscal year. (3) Recommendation that the Board of Collier County Commissioners approve the attached budget amendment that provides funding from within existing Library impact fee funds for the purchase of land for a new northern regional library. (4) Recommendation that the Board of Collier County Commissioners exercise the renewal clause extending use of twenty (20) parking spaces on the County Government complex for use by the St. Matthews House facility located in the old East Naples Fire Station. {5) Recommendation to approve a Stipulated Final Judgment for the Defendant, Southern States Utilities, attorney fees and costs in the Circuit Court case of Collier County v. Point Marco Development Corporation, et al., Case No. 92-4315-CA-01-D~M. (6) Recommendation that the Board of County Commissioners authorize the Chair raSh to execute an agreement, following proper formatting and any minor amendment by the County A~torney's office, between the County and the Ford Motor Company for the continued use of a' van for the Veteran's Transportation Prograr Report to the Board regarding emergency repairs to the Immokalee Jail, Naples Jail, and Building "K" Ice Machine Chiller. Recommendation that the Board of County Commissioners approve and execute %he ~a=isfac=ions of Notice of Promise to pay and Agreemen% to extend payment of Water and/or Sewer Impact Fees. 7 February 25, 1997 (3) (4) ($) Recommendation that the Board of County Commissioners approve and execute the Notice of Promise to Pay and Agreement to Extend Payment of Sewer System Impact Fees. Recommendation to approve a maximum expenditure of $350 from the GAC Land Trust for purposes of purchasing shovels for the Collier County Sheriff's Office. Request for the Board of County Commissioners to authorize removal of certain accounts receivable accounts from the books and records. E. ~0UNTY MANAGER P. BOARD 0P COUNTY COMMISSIONERS O. MI$CELLAR~0US CORR~SPONDEN~ (1) Miscellaneous Items to File for Record with Action Directed. H. OT~ER CONSTITUTIONAL OFFICE~S I. COUNTY ATTORN~¥ (1) TO approve and execute satisfaction of lien for weed abatement lien created in 1984 against unit 3, block 96, lot 19, Golden Gate City. 17. ADJOURN 8 February 25, 1997 AGENDA CH3UNGES BOARD OF COUNTY COMMISSIONERS' MEETING FEBRUARY 25, 1996 WITHDRAW: ITEM 8(B) (1) -REPORTS TO THE BOARD ON THE STATUS OF THE COUNTY-WIDE SIGNAL SYSTEM CONTRACT.AND ON-GOING PROGRAMS AND RESEARCH FOR TRAFFIC MA/gAGEMENT IMPROVEMENTS WITHIN COLLIER COUNTY (STAFF'S REQUEST). WITHDRAW: 16(A) (1) (I) - CODE ENFORCEMENT CASE NO. 60'515-007; OWNER OF RECORD - R. K. REALTY OF FL, INC. (STAFF'S REQUEST). NOTE FOR THE RECORD: ITEM 16(B) (4) - SHOULD REFLECT THE AMOUNT OF $127,180 INSTEA/D OF $196,480. WtlERE,4S. the proper u~e ofha2ardou~ mater/al~ Is enential to I~ol b~d.e~se~ ~d In&~tt~ Io malntalnlnR economic s/ah/]i~ in o~ comm~ml~,i ~d ~'7tERE~& tt ts exxentlol to plon ond ~e for the accidental release of ~2~dous materiolx o.d to protect the ~ll-being o foil ctti2e~ and ~exts of Collier Coun~,,'~ ~ER EA& res~,e te~s such attire, I~, enforcement, emergen~ medteM semlees and puMic ~r~ ~ ~ In.rent re.~nxlblli~ to ~w the O~s and c~acterlstlcs of h~m ~terlals that ~e ~lng ~ed ~d stored In commtml~ In the ~nt of ~ occidental release to res~nd safel),: and I~tER E~S, all citlten~ and ~te~ts of Collier Co~O, h~ a 'Right.to. Know" the location and quanti~ of certain borardou.t materlal.~ in ottr communlO, and "Rigbt.to. Kno.," t~ p~r~rocedt~es to tale In the e~nt of an accidental /,,".,". '" '-~)Z' t~ ,~O.m~: ~Ne~K. AICP, CItAIRMA~ DtYIGItT E. BROCK, CLERK AG-ENDA ITEM No.. ~.,,4. FEB 2 5 1997 Pg. ! BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA February 25, 1997 CLERK'S REPORT 6A. Analysis of Changes lo Reserves for Contingencies General Fund (001) for FY 96/97 Community Development Fund (113) for 96/97 Facilities Construction Fund (301) for FY 96/97 FEB 2 5 1997 ~'g.-.....L__ ANALYSIS OF CHANGES TO GENERAL FUND (001} RESERVE FOR CONTINGENCIES Fo~ the meeting date of February 25, 1997 FY 1996-g7 RESERVE FOR CONTINGENCIES' Odgi~al Budget 10/01/96 Current BaLance 2J14F:J7 (Red~'tion$) ~ i~"~'ea~es aa explained below B.A. __ Da t.....~e ~ Request 11-27-9,6 48 12-11-9~ 12-11-96 EXPLANATION OF REDUCTIONS Explanation TO repair ~ bottoms of t/~ ec~v~ and plunge pool 64 To pay Ul~lity expanses fo~ Immokalee Child Care Center C:>8 To repair the Central bbrary Chiller 12-31-96 92 1.16-97 110 1-22-97 119 Reduce ~ansfer to Road and Bridge due to add,t~onal revenue received fro roadway sweeping and mowing To execute the Fair Labor Standards Act settlement agreement and releases wffh pLanbffs no longer employed by EMS To recognize carry forward and reduce required budget revenues 1-31-97 143 To proceed with Tax Deed Appliations for dehnquent taxes for 1994 tax ce~ficates. 2-11-97 163 To fund gain sharing awards as approved by BCC 12-17-~ $ $ 4,675.900 ~58~4419 (Reducaony Increase (16,50000) (1 t .000 00) (14.475 41.30000 (42.770 00) (35.5OO 00) (80.956 00) Amendments amounting to ~ess than $10.CO0 each (No: 29. 17, 66, 69, 51. 161, 162.) (36.~80) Total Reduc~ons FEB 2 5 1.qq7 ANALYSIS OF CHANGES TO COMMUNITY DEVELOPMENT FUND {113) RESERVE FOR CONTINGENCIES For the meeting of February 25, 1997 FY 1996.97 RESERVE FOR CONTINGENCIES: Odginal Budget 10/131/96 Current Balance 2/14/97 (Reducl~ons) or increases as explained below 1-22.97 112 Date Request EXPLANATION OF REDUCTIONS Explanation Funds provided by excess carry forward $ 277.4 762,6. (Reduction}/ Increase $ 485,2 Total Reduc~ons s FEB 2. 5 19.~7 pg ..... I ANALYSIS OF CHANGES TO FACILITIES CONSTRUCTION FUND (301) RESERVE FOR CONTINGENCIES For ~e meeting date or FebnJary 25, 1997 FY 1996-97 RESERVE FOR CONTINGENCIES: Odginal Budget 10/01/96 Current Balance 2J14/97 (Reductions) or increases as explained below $ 29.4,40~ 55o,?~ $ 25~ BoA. Date Request EXPLANATION OF REDUCTIONS Ex.planatlon 2-11-97 148 Addition carry forward is needed for ongoing projects for 1997 Amendments amounting to less ~an $10,000 each: (No · 25) Total reductions A~END,~ ITEM FEB 2 5 1997 ~X~CUTIVE SUMMARY PETITION NO. C-97-2, OUR LADY OF GUADALUPE CATHOLIC CHURCH, REQUESTING A PERMIT TO CONDUCT A CARNIVAL FROM MARCH 5 THROUGH MARCH 9, 1997, ON THEIR CHURCH GROUNDS LOCATED AT 219 SOUTH 9TM STREET IN IMMOKALEE. OBJECTIVE: Our Lady of Guadalupe Catholic Church, is requesting that the Board of Count~ Conm%issioners approve a permit to conduct a carnival from March 5 through March 9, 1997, on their church grounds located at 219 South 9th Street in Immokalee. CONSIDERATIONS: Our Lady of Guadalupe Catholic Church has met all the requirements of the carnival perm/t procedures other than those provided for within their request for waiver of the Suret~ Bond. FISCAL II, PACT: None. GROWTH MANAGEMENT IMPACT: None. RECO~I~:qN'DATION: That the Board of County Commissioners approve the permit to conduct the Our Lady Guadalupe Church annual carnival subject to consideration of waiver for the Surety Bond. PREPARED BY: RO .5~'RT J. MULHERE, AICP PLANNING & TECHNICAL SERVICES MANAGER VINCENI A. CAUTERO COati, UN I TY DEVELOPMENT DATE DATE f/C-97-2 -1- Pe rl~t No. P£~IT FO~ ~W~VAL IiXHIBITION STATE OF FLORIDA : COUNTY OF COLLIER: WHERZA~, Our Lady of Guadalupe Catholic Church, has made application to the Board of County Comm/salonera of Collie= County, Florida, fo= a petm/t Co conduct a Carnival or exhibition; and WHERr. AS, Our Lady of Guadalupe Catholic Church, has presented to the Board sufficient evidence that all criteria for the issuance of a pern~it to conduct · carnival or ~xhlbition as act forth in Chapter 10, Article II, Amusements and Ente=tairunents, of the Collier County Code have been satisfied and that such c,:nival or ~xhibition wiil be conducted according to lawful requirements and conditions; and WHE~, ~aid Ou~ Lady o~ Guadalupe catholic Church, has requested a waiver o{ the Surety ~ond; and NOW, THE~rORE, THIS PE~IT IS HEREBY G~NTED TO Our Lady o{ Guadalupe Catholic Church: 1) To conduct a carnival or exhibition from March 5 th:ough March 9, 1997, 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: SE ~, NE ~, of the SW q of Section 4, Township 47 South, Range 29 East, Collier County, florida. 2) The request for a waiver of the Surety Bond 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 , 1997. ATTEST: DWIGHT E. BROCK, CLERK OF COURTS BOA. RD OF COUNTY CO~ISSIONERS: COLLIER COUNTY, FLORIDA: · TIMOTHY L. IfANCOCK, CKAIP4~AR APPROVED AS TO FORM AND LEGAL SUFFICIENCY: .' /C-, ].2 %:2:,..- " ~OTE: d v 'de e o e om ' ' Copy: Copy: Copy: CARNIV L OPERA ION PE TION Zoning Director Petitioner (2) County Manager PETITION NO. ___~__~_~- ~ DATE: ___~- q- ~ 7 PETITIONER'S NAME: P ATHOL CHURCH PETITIONER'S ADDRESS: 207 SOUTH 9th.STREET IMMOKALEE,FLORIDA 34142 __TELEPHONE:I941)657-2666-657-( PROPERTY OWNER'S NAME: VILMAR ORSOLIN,C.S. PROPERTY OWNER'S ADDRESS: 207 SOUTH 9th.STREET IMMOKALEE, FLORIDA 34142 TELEPHONE: ( 941 ) 657-2666-657- LEGAL DESCRIPTION OF SUBJECT PROPERTY: SE¼,NE%,' of the SW¼ of section 4, Township 47 South,Range 29 east,Collier C. ounty ,Florida GENERAL LOCATION: 1 Block South of State Road 29 on 9th. Street CURRENT ZONING: RMF-6 CURRENT USE:Place of worship NATURE OF PETITION: A REQUEST IS HEREBY MADE FOR APERMIT FROM THE COUNTY HOLD OUR SPRING CARNIVAL FROM MARCH 5,thru MARCH 9,1997 THE FOLLOWING INFORMATION IS INCLUDED IN THIS PETITION. TION, SEE REVERSE SIDE.) (FOR EXPLANA- 3.a. YES 3.e.1) YES 3.e'4) YES 3.e.7) YES 3.b. YES 3.e.2) YES 3.e.5) YES 3.e.8) YES 3.c. YE~S 3.e.3) YES 3.e.6)__YES 3 .e.9) YES DATE REVIEWED by Board of County Commissioners: Approved: Disapproved: Conditions of Approval: SIGNATURE OF COUNTY MANAGER February 4,1997 CARNIVAL OPERTATION PETION Section 3a. A surety bond. Applicant is requesting a waiver of the surety bond due to the annual carnival being held on the Church grounds. Section 3b. Evidence of current public liability is herein attached to this petition from both our Church and the Tolve Presentaton~,Inc. Section 3c. Permit fee of $200.00 (Two hundred dollars) is herein attached per check. Section 3e. Information as you requested: 1. Tolve Persentations,Inc. of 269 Orient W~y Lyndhurst,NJ 07071,will provide the carnival rides again this year. Our Lady Of Guadalupe Catholic Church, 207 South 9th. Street,Immokalee, Florida 34142,will sponsor said carnival.As the Bishop represtative,Rev.Vilmar Orsolin C.S. is the soley resposible of the Church affairs. 2. FOODS STANDS: light fare,mostly Mexican dishes, hambugers,hot dogs,run by a team of five (5) persons. SOFT DRINKS: will be served from two (2)booths separated from food stands. NO ALCOHOLIC BERVERAGES will be sold or allowed on the church grounds. MECHANICAL RIDES: for children and adults,since the availability of rides contingents upon what other areas the company is working at the time, it. is almost impossible to know which sepcific rides will be offered. GAMES OF SKILL:or chance will be the type not prohibited by State Law. 3. ACTIVITIES: a. Games of skill will be provided by the Amusement Company who will pay a fee percentage of the earnings. b. Games run by the Church: 1. Loteria (Mexican Bingo) AGF'NOA No. FEB 2 5 1997 PRODUCER THIS CERT'IFICATE L5 ISSUED AS A MATTER OF INFORMATION ONLY A,NO RIGHTS L/PON THE CERTIFICATE HOLDER. THIS CERTIFiC-ATE DC)ES NOT ARTHUR J. GALLAGHER · CO. EXT~NO OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. · P.O. BOX MtAMI, FL 33102-a2t! PHONE: (305) 6924010 Companies Affording Coverage ~3__..D ~06 6924060 ~"Y ~____A United National INSURED: L*~ lB National Union Fire Insurance Co. OUR LADY OF GUADALUPE ' ~ '1-'-- ..... ~ lC C DIOCESE Of: VENICE ~ ~ ..... P.o. BOX 2006 L~*~ J~_ THJ$ IS TO CERTIFY TFtAT POUC'.ES OF: INSURANCE USTED BELOW I"~,VE BEEN ISSL/ED TO THE INSURED NAMEO ABOV~ FOR THE POLICY P(RIOO tND~CATED. NOTWITHSTANDING AJ';Y ~EQU~EMENT. TERM OR CONDITION OF A/'4Y CObFFRACT OR OTHER DOCLRMENT WiTH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR I~AY PERTAi~ THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS, A~D CONDITIONS OF SUCH POLICIES. L.J~TS SHOgVN MAY HAVE BEEN REDUCED BY PAJD CLAJMS ~TYPE OF INSURANCE POLICY NUMBER po~' ~rEc"nvE eoucY DAT~ (~VOCV'm3 ~TE IM~C~YYI EMITS Genaral Uabllity ~ Pr~~t~n~ ~ P~p~I~ O~t, ~ B~d F~ Pm~ Damage ~ Perusal Inju~ ~ ~iml ~de Fo~ A~bile Liability ~ Hir~ Aut~ ~ Non~ A~os ~ Claims ~de Excess Liability ~ Um~ella ~ ~her Than Um~efla Fo~ Workers' C~pen~tion and Employers' Liabilily Other CP64645 411196 4/1/97 :Qualified Self Insurer :CP64645 Comp. and Coil. Deduc'dble 51,000 411/96 4/1/97 CP64645 4/1/96 4/1/97 BOC~LY INJ~Y OCC B~¥ ~JMRY r~O~>ERTY DAMAGE OCC P~C~°ERTY DAMAGE AGG BI · PD COMBINED le~CLUO~NG B~ & PO COMB~D AGG PER~ONALIN~JRY AGG BOC~.Y ~ Bd~IC~LY rNJ',JRy & ~>RC4>ER T'Y DAMAGE COMB/NED e'~:LU~NG SJR EACH CCC'~RENC E Description of Oper-ationsJLocations/VehiclesJSpec~al ttems ANNUAL CARNIVAL ON MARCH 5,6,7,8,9,1997 OUR LADY OF GUADALUPE 207 S. 9TH STREET IMMOKALEE,FLORIDA 34142 COLLIER COUNTY BOARD OF COUNTYCOMMISSIONERS 3123 TERRACE AVE NAPLES.FLORIDA '33942 SHCULD ANY DP: THE ABC, VE.DESCR~BED POLC:tE$ BE CA~ DAI'~ I'~EREC,¢. THE I.SS,,.,~NG COMPANY W1LL ENDEAVOR TO T~E CERT1F~CAT~ HOL~R NAMED TO SHALL IMI~OSE NO O~LK~.&'T30N ~ UA~ri'~ ~ REPRESEP~A~VES ~ / / :3 MA~. 30DAYS wRrT'r~N NOI'X:E .4 CORD E-C"E- TF I ~ODUCE~ (210)829-7636 FAX ......... ~, ~1'¢¢ Tnc.,-~nra ~TS UPON THE CERTIFICATE end 1 S K ~ ,.,. ................ J ~ DOES NOT AMEND. EXTENDOR SU NE Loop 410 #308 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. ;n Antonio, TX 78217 COMPANIES AFFORDING COVERAGE C~PA~Y A~n: Peggy Schulz Ed: A INSURED Third Generation Inc. dba , B Tolve Presentations ........ 269 Orient Way C Lyndhurst, N3 07071 .................. D 'St. Paul Surplus Lines Ins', Co "T~ISiS~rOCERTi~-yT~:~T~:Hi~-~C~t:iCiES · o ..' , ,., .' . ,...o:, · . ....... . - OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FO~'I:'HE P~)L'I~:Y'PERIOO INDICATED, NOTWITHSTANDING ANY REOUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT W1TH 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 LIMITS SHOW'N MAY HAVE BEEN REDUCED BY PAID CLAIMS cO 1'1~E OF INSUR,ANCE ~OLIC'f NUMBER P'OLJCY EFFECTTVI~ POUCY m[XP1R.ATION UMIT~ LTR DAT~ (U ~6~OZ~ D.~TE GE'~ ERtL LIABILITY X COMMERCL~L GENER.~ LtABILITY A ~-; C~mS~E X OCCUR LCOSSJ061S ' 0i/24/1997 OWNER'S & CONTI:~CTOR S PROT 01/24/1998 GENERAL AGGREGATE $ 10. 000 ~.'0DUCTS. co~p,:o. A~G" ,' - 1,000 ~ERSON~ ~ ~V INJURY S 1 , 000 ~c. oCCV"n~NCE ..... * 1,000 ~ED ~P (~ ~) $ AUTOMOBILE LIABILITY AJaY AUTO At.L OWNED AUTOS SCHEDULED AUTOS HIREO AUTOS NON-OY,'NE D AUTOS COMBINED SINGLE LIMIT BODILY INJURY (P~ BODILY INJURY $ ,$ $ $ GARAGE UA SILITY ANY AUTO AU'TO ONLY · ~A ACCIDENT OT~ER THAN AUTO ~)NLY' ~c. ACC,D~NT EXCESS UABILITY ~BRELt~ FORM OTHER THAN UMBRELLA FORM '~PdORXERS COMPENSATION AND EMPLOYERS' LIABILITY THE PROPRIE TORY PARTNER S/-t~ECUTIV'E OFr'CERS ARE INCL E.XCL EACH OCCURRENCE AGGREGATE ........... TORY LIMITS ER EL EACH ACCIDENT EL DISEASE - POLICY LIMIT EL DISEASE · F_A EMPLOYEE OTHER ADDITIONAL INSURED: LOCATION: EVENT DATES: )LDER S,'LOCA T1ON S;V EHtC L E,~'S P E CIA L ITEMS OUR LADY OF GUADALUPE CATHOLIC CHURCH AS RESPECTS OPERATIONS OF NAMED INSURED 207 SOUTH 9TH STREET, IMMOKALEE, FL. 3-3-97 THROUGH 3-11-97 ,..,-/,~ .... .L-,--.:.',.* ....... ',;,.'~Li_,..~ :..~ ~ ' ' ' ' ' ..... , .............. :..::';...~':,-.£.~.:. ".,::'.L~:.., "' SHOULD ANY OF THE ABOV~ DESCRJBED POUCtES BE CANCELLED BEFORE THE OUR LADY OF GUADALUPE CATHOLIC CHURCH 207 SOUTH 9TH STREET IMMOKALEE, FL 33934 ACORD 25-S (1/95) E.XPHL&TION DAT~ THEREOF, THE ISSUING COk ~ DAYS WRIT1/N No'ncE TO THE CERT1 BUT FAILURE TO MA.IL SUCH NO'riCE SHALL Florida Department of State Sandra B. Mortham Secretary of State  Division of Licensing Post Offtct Box 6687 Tallahassee. Florida 323X4-66 (904) 488-$38! ~ CERTIFICATION Or !NSURANCE Pursuant to Section 493.6110, florida Statutes, a private investigative agency, a private security agency or recovery agency must eafntatn continuous insurance coverage as a prerequisite for doing business in the State Florida. As a person lawfully authorized to sell Insurance in the State of Florida for an insurance company which is lawfully engaged to provide Insurance coverage in Florida, I hereby certify that the below named ager l~censed under Chapter 493o Florida Statutes, ts presently Insured tn an amount of not less than $300.000 whit includes coaprehensfve general liability coverage for death, bodily injury, property damage, and persona$ InJu coverage ~ false arrest, detention or Imprisonment, malicious prosecution, libel, slander, defamation character and violation of the right of privacy. I further state that this policy Insures for the liability f all agency employees required to be ltcensed by the State of Florida while engaged tn acttvt'tles pursuant to their employment. I further acknowledge that the Oepartment of State. 0tvtsion of Licen~ng ts listed as an additional insured party to assure that.al! notices regarding coverage are s~nt by the insurance provider to the department. Failure to maintain insurance coverage as required by la~, results tn the AUTOmaTIC suspension of the agency ltcense. Continuation of activities regulated under Chapter 493, Florida Statutes, without insurance coverage or ~tth a suspende~ license may result in administrative' action pursuant to Section 4g3.allS(1)(hJ. Florida Statutes, or criminal penaTttes pursuant to Section 493.6120, Florida Statutes. .omc or insured as it app~ars~ Lfcenses Insured . check al1 that apply and provide corresponding license numbers: [ ] Class "A' - Private Investigative Agency License Number: A [~ Class "B" - Security Agency L~cen;e Number: B [ ] Class 'R- . Recovery Agency ~ ._~_~j License Number: n F~orid~ ~-J~ess of igsur~; Local Policy Number Sco~ Name of Insurance Company · Florida Address of Insuranc~ Company LCZE018 (Rev. I/gS) Expiration Date~ Telephone Number of Insurance Company Name of Insurance Agent Florida License Number of Insurance Agent I do swear that the information contained herein is true and correct. Title (SEAL) ...... · ..... · J,gnature Print, Type Personnaly known l~ or Produced Indentificat,on type of Identificatlo~ Produced Official Receipt - Collier County Board of County Commissioners CDPR1103 - Official Receipt 1908 2/7/97 10:49:19 AM 2/7/97 MS 4423 OUR LADY Of GUADALUPE 207 S. 9TH STREET Payor · O L G lFee Code I Description 1 lClRC I FAIR & CIRCUS PERMITS Fee Information 3890034122000000 $200.00 Total l $200.001 Payment Code CHECK Account/Check Number 1080 Payments Amount j $200.00 Memo: CU-97-2 Check #1080 Total Cash [ $0.00 ! Total Non-Cash [ ,, $200.00 i Total Paid r $2oo.oo ~ Cashier/location: FROLOFF_E I I Collier County Board of County Commissioners CD-Plus for Windows 95/NT Printed:2, FEB ,~ 5 1997 /97 1~'~~ 0 o 0 0 FEB 2 5 1997 ~,,. _z/O ARNIVAL OPERTATION PETITION CONT ....... 4. Name and Social Security numbers of each person that is responsible for a booth. Since neither Mr. Tolve nor I( Father Vilmar) will know ahead of time which particular worker will be at the carnival,I am unable to provide,at this, theirs Social Security numbers or names. Our parishoners are as follows: A.Kitchen and Foods Booths Gerardo Alfaro, Parishoner Gloria Contreras, Ais Gedeon Alice Nellie Soto Nativid Ayala Rosa Martinez Artemio Lozano Laura Lozano Neftali Ortiz Lucy Ortiz Rueben Marquez Maria Marquez Benjamin Marquez Andes Marques Nereida Marquez Isabel Marquez Jose Marquez Ch.employee Ch.employee Cb.employee Parishoner Parishoner Parishoner Parishoner Parishoner Parishoner Parishoner Ch. Employee Parishoner Parishoner Parishoner Parishoner Parishoner Saturnino Hernandez Parishoner Aurora Hernandez Digna Martinez Eduardo Silguero Salvador Ga¥cia Dahlia Garcia Adan Contreras Norma Contreras Parishoner Parishoner Parishoner Parishoner Parishoner Parishoner Parishoner Anastacio Contreras Parishoner Sylvia Contreras Parishoner Natvidad Gamez Parishoner SS~449-80-9292 SS# 263-64-4965 SS~ 594-39-3280 SS~ 584-55-1173 SS~ 455-64-2495 SS~ 265-13-4519' SS~ 267-62-9181 SS~ 263-68-1167 SS# 581-86-0094 SS~ 463-72-1256 SS~ 092-42-8033 SS# 261-04-5155 SS# 592-05-0861 SS~ 534-84-4685 SS~ 266-93-8520 SS~ 266-93-7617 SS~ 092-42-8226 SS~ 460-33-9200 SS~ 460-33-8391 SS# 261-97-4679 SS# 265-37-1801 SS~ 267-91-3047 SS# 262-83-0179 SS~ 463-58-6585 SS# 451-64-6861 SS~ 460-65-4373 SS~ 265-73-9524 SS# 387-42-2946 6. For a description and sketch of the site,see next page. A water fountain is located in our parish hall,one outside the Soup Kitchen and another in the Church. We have eight(8) funch- tioning toilets in different church builings and we will rent (8) eight portable toilets for the duration of the carnival. NO. FEB 2 5 1997 P".. _~ FEB ~ 5 1997' O N o. ~,~.. FEB ,~ 5 1997 CARNIVAL 0PERTATION PETITION CONT .... (7) There are four Street lights in front of the church eight(8) in the back and one (1) in the front of the Soup Kitchen. Power will be supplied by a generator from Tolve Presentations,Inc. for their own rides. (8) Plans for garbage,debris and sewerage disposal is as followed. Since our restrooms are permantly installed, we foresee no sewerage problems in this area.The portables will be service every day.The food con~ession stands will operate out of the" Soup Kitchen" and, will enable us to use the facilities.Garbage and debris will be taken by truck to the local landfill daily. We-have 3 drumpsters and 20-30 gallons garbage cans.The cans will be place around the grounds. (9) The Royale Security and Armored Guard Services ~as been contacted, and Richard Wayne Seavey signed contract with Father Vilmar Orsolin,C.S. This contract states that there willbe Five (5) armed officers and will provide uniformed certified guards for security to our Carnival.Fire extinguishers are available on the property for minor fires. (10) The Carnival shall be held from Wednesday March 5,1997 through Sunday March 9,1997. The hours of the Carnival shall be from 6:00 p.m. to ll:00P.m. (11) As a legal administrator of Our Lady Of Guadalupe Catholic Church,I hereby give written consent for the Carnival to be held on the Church grounds from March 5,through March 9,1997. EXECUTIVE sUMMARY STAFF REVIEW AND RECOMMENDATIONS RELATIVE TO ORDINANCE 88-50, AS AMENDED, ALSO KNOWN AS TIlE GADALETA PUD, WHICH, ACCORDING TO TIlE REQUIRED PUD STATUS REPORT SUBMITTED BY THE PROPERTY OWNER/AGENT, HAS NOT COMMENCED CONSTRUCTION, AS DEFINED IN SECTION 2.7.3.4 OF THE COLLIER COUNTY LAND DEVELOPMENT CODE, RESULTING IN SEVERAL POSSIBLE COURSES OF ACTION FOR THE BOARD OF COUNTY COMMISSIONERS TO CONSIDER . OBJECTIVE: Staff is requesting that the Board review staWs findings and recommendations regarding the above referenced PUD. CONSIDERATIONS: This PUD was originally approved on May 24, 1988 [and most recently amended on November 28, 1989 and January 28, 1997]. Section 2.7.3.4 of the Collier County Land Development Code requires that the project developer submit an annual report on the progress of development, commencing on the fifth anniversary of the PUD approval by the Board of County Commissioners. The singular purpose of this report is to evaluate whether or not the project has commenced in earnest in accordance with the criteria set forth in Section 2.7.3.4. For those PUDs approved prior to the effective date of adoption of the I,and Development Code, the five year approval period commenced on the adoption date, October 30, 1991. Therefore, the conditions set forth in Section 2.7.3.4. are applicable as of October 30, 1996. The above referenced PU'D has been identified as a project which was approved prior to October 30, 1991 and which has not commenced construction as defined in Section 2.7.3.4. Staff has utilized the required PUD status (monitoring) report, supplemented by field observation and review olin house records to veri~ the current status ofthe PUD and as the basis ora recommendation to the Board consistent with the options provided in Section 27.3.4 (1) & (2). Section 2.7.3.4 reads as follows: 2.7.3.4. Time limits for approved PUD master p/ans. In the event that a PUD master ptan is given approval, antl the landowner(s) shall: -1- ,o. ~f,,O / (,a ! FEB g ,5 1997 2. Fail to obtain approval for improvement plans or a development order for all infrastructure improvements to include utilities, roads and similar improvements required by the apprm,ed PUD master plan or other development orders for at least 15 percent of the gross land area of the PUD site every five years of the date of approval by the Board of County Commissioners; and Fail to receive final local development orders for at least I5 percent of the total number of approved dwelling units in the PUD, or in the case of PUDs consisting of nonresidential uses, 30 percent of the total approved gross leasable floor area within the PUD every six' years of the date of approval by the Board of County Conmdssioners. The project developer shall submit to the Planning Sen,ices Director a status report on the progress of development annually commencing on the fifth anniversary date of the PUD approval by the Board of County Commissioners. The singular purpose of the report will be to evaluate whether or not the project has commenced in earnest in accordance with the criteria set forth above. Should the Planning Ser~'ices Director deterntine that the development has commenced in earnest, then the land shall retain its existing PUD approval and shall not be subject to additional review and consideration of new development standards or use modification. Should the Planning Services Director determine that the development has not commenced in earnest, then upon review and consideration of the report provided by the owner and any supplemental information that ma), be provided, the Board of County Comntissioners shall elect one of the following: To extend the current PUD approval for ama. rimum period of two years; at the end of which time, the owner will again submit to the procedure as defined herein. Require the owner to submit an amended PUD in which the unimproved portions of the original PUD shah be consiste~tt with the Growth Management Plan. The existing PUD shall remain in effect until subsequent action by the Board of the submitted antendment of the PUD. -2- AGEI't, PA ITF~M ~ FEE) 2 5 1997 lf the owner fails to submit an amended PUD within six months of Board action to require such an amended submittal, then the Board ma)' initiate proceedings to rezone the unimproved portions of the original PUD to an appropriate toning classification consistent with the Future 1.and Use Element of the Growth Management Pla~ In the case of developments of regional impact, time limit restrictions shall be superseded by the phasing plan and/or time limits contained within the application for development approval and approved as part of a development order in conformance with F.S. ff 380. 06. ~rr,,,'ed Land Uses: As amended the PUD authorizes a development of eighty- eight dwelling units, two (2) acres of C-2 commercial development and a temporary golf driving range. Based on provisions in the 1988 Collier County Comprehensive Plan the action authorizing rezoning from "A" to "RMF-6" (Ordinance #R-84-26) resulted in 61 dwelling units of which 6 dwelling units were required to be affordable housing units. The agriculturally zoned land made up the difference namely 27 d.u.'s. The temporary driving range is to cease upon the availability of potable water from the Collier Counties Utilities system. Prior to approval of a PUD zoning district the property was zoned in the following manner; RMF-6 on 10.5 acres, "A"-Rural Agricultural on 6.78 acres and C-2 on 2 acres. The two (2) acres was only recently restored following recognition that an amending PUD rezoning action inadvertently rezoned the C-2 parcel. Consistenc): with Comprehensive Growth Management Plan: The subject PUD is designated Urban Residential on the Future Land Use Element of the GMP. Based on staff review of the approved land uses, the PUD has been determined to be consistent for residential land uses and inconsistent for commercial land uses. Based upon current provisions of the Future Land Use Plan and the Density Rating System, the residential density is inconsistent with the FLUE. Based upon current provisions of the Density Rating System the base density for this property is lhree (3) dwelling units per acre. Under the Zoning Reevaluation Ordinance the PUD was granted an exempt status, and therefore its authorized density was approved. However, it should be appreciated that the PUD for which the exempt status was determined was not thought to include any conunercial land. The commercial tract was restored by direction of the Board. We do not know what the outcome would have been of an evaluation that dealt with a PUD that contained inconsistent commercial zoning at the time of zoning reevaluation. The fact however that the authorized 88 dwelling units was deemed acceptable under the ZRO program may affect the outcome of any decision to more closely align the density with provisions of the density rating system. Relative to other applicable consistency relationships the following may be advised: ~Element - The PUD is consistent with relevant policies of the TCE, specifically site generated trips will not lower the level of service below LOS "D" standard for any road segment within the projects RDI. AG£NDA [T[.M'~ FEB £ 5 1997 Open Space Element - The PUD is silent ~s to open space requirements, therefore, it may be di~cult to acNeve the sixty (60) percent open space requirement. Native Vegetation And Habitation Protection - Specific requirements we contained in the PUD to protect native vegetation habitats based on regulations in effect in ]989. Reference to preservation requirements cites an Ordinance that is less restrictive than !he current equivalent Ordinance, however, the citations For natural features and specimen vegetation preservation appear to address the type of preservation required by current codes. (~onsistency with the Collier County Land Development Code: The PUD has been distributed to the appropriate jurisdiction review entities specifically for review of the PUD for consistency with current land development regulations. Based on that review, the Following consistency/ inconsistency is identified: Transportation: (Traffic impacts, access management, etc.) - Stipulations contained within the PUD address common transportation concerns and include entry lighting, turn lanes, and multiple purpose access point. Review by transportation administration did not result in advisement for additional right-of-way. No inconsistencies were reported, however staff advises that certain references should be changed to reflect current administrative regulation if the PUD were amended. Landscape: (Buffers/Green Space) - Specific reference is made that landscaping is required pursuant to provisions of the Land Development Code at the time of permitting. If the PUD were to be amended, staff'has advised that certain references should be changed. Environmental: (Protected species, green/open space) - This PUD specifically addresses a number of preservation and conservation requirements. The specificity of the stipulation is such that it may be detrimental to making a reasonable use of the property. Environmental staff would regulate habitation protection and conservation differently pursuant to current procedures and requirements. Engineering/Site Development: (Sewer/water, drainage issues) - The current PUD allows development based on private systems o£ sewage disposal and potable water supplies. There is greater likelihood today that development of the property could only proceed when sewer and water facilities are made available From Collier County unless the use were that of a golf driving range. While no inconsistencies with the LDC were reported, nevertheless, engineering and infrastructure related stipulations are not in the form required today. Administrative Development Permitting Procedures: The provisions of this PUD requires a modified Site Development Plan approval process which lacks the specification requirement of current provision and additionally requires staffto complete its review process in 20 working days. This requirement would be considered unacceptable under current procedures. AG£1~.D~ 13[£~ \ --4-- FEB 2 5 ]997 STAFF COM'MENT: The structure and format of this PUD document is considerably different than the form and structure of more contemporary PUD's. Administratively staff finds that PUD's with separately attached agreement, containing development stipulations are difficult to deal with and at times conflict with provisions within the body of the PUD. Staff would not recommend an amendment purely based upon this condition, however, in this case we have a PUD whose land uses are inconsistent with the FLUE. Namely the commercial component, while the issues of density may also be inconsistent depending upon how one looks at the question relative to the original zoning of the property versus the current density rating provisions. A comparison of density on the residential and agricultural zoned tracts from pre GMP to current GN'[P conditions is as follows: Pre GlX~P ."A" & "KMF-6" tO PUD Current GMP .A & RM-F-6 to PI, YD Current GM'P PUD To PUD "A"-6.78 ac = 25 d.u.* RNa-6 - 10.5 ac = 63 du. Total 88 d.u. "A" 6 78 - . ac. X 3 = 20.34 d.u. RN{F-6-10.5 ac. X 6 = 63.0 du. 83 d.u. PUD-17.28 ac X 3 = 51.84 d.u. 52 d.u. * Based on Pre GiMP - Density Rating The density rating system contains a provision for determining density that could be afforded inconsistent commercial zoning when requested by a property owner. The conversion provision allows a maximum of sixteen (16) dwelling units per acre. In the opinion of staff should an amendment be required we should require the conversion of the two (2) acre parcel to a residential purpose with an allowable density of sixteen (16) dwelling units per acre for the two (2) acres of commercial zoning (i.e. 32 dwelling units). If this is the direction given, then, the total density would be revised to 120 dwelling units (i.e. 88 + 32), or 115 dwelling units (i.e. 83+32), or 84 dwelling units (i.e. 52 + 32) based on the status ofzoning at three different times. Relative to the temporary land use authorization for a golf driving range, staff fails to appreciate why this condition was made part of the 1989 amendment to the PUD. A golf driving range is a conditional use within agriculturally zoned districts. Traditionally the Board has approved conditional use requests for a golf driving range, particularly when they are oriented to a major highway. Therefore, staff is supportive of allowing a golf driving range to be an authorized use of land in an>' amended PUD that is required of the land owner subject to conditions insuring compatibility with existing and or future land uses. -5- AGEN~I.A Il'EM ~ .o. FEB 2 5 1997 PS. ~ An amendment to this PUD, as recommended by staff will have no fiscal impact on Collier County as the appropriate PUD amendment and other applicable fees will cover the cost of' staff time associated with review of' said amendment, and the cost of' advertising and public notice. TAFF RE OMMENDATION: Based on a comprehensive review of this PUD document, staff' recommends that the Board of County Commissioners direct the owner/entity of the Gadaleta PUD to submit an amended PUD within the time frame allowed by the LDC requirement. Further that said amendment provide for elimination of the commercial tract and converting s. arne to an authorized residential density of thirty-two (32) dwelling units and that residential density for the current residential tract be estab!ished as eighty-three (83) dwelling units for a total authorized number ofdwelling units of 115. This will result in a gross density of 5.96 dwelling units per acre. The Arbor Lake Club PUD lying immediately south of this PUD was recently reapproved for 6.98 dwelling units per acre. RONALD NINO, AICP CHIEF PLANNER DATE REVIE. WED BY: ROBERT J. MULHERE, A'X'~ CURRENT PLANNING M_ANA_G.Ei1 DONALD W. ARNOLD, A1CP DATE FEB 2 5 1997 -6- DIRECTOR · ' 9-27 VI]NCENT A. CAUTERO, ADMINISTRATOR DATE COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION FEB 2 5 RESOLUTION 97- A RESOLUTION BY TH;'~ BOAR~ OF COUNTY COM}~ISSIONERS OF CO£L.%ER COUNTY, FLOR1DA, PURSUANT TO SECTION 2.7.]. $ OF THE COLLIER COUNTY LkN9 DEVELOPMENT CODE AFFECTING ORDINANCE $5-50 ALSO KNOWN ~$ THE G~GDALETA PUD, REQUIRING THF SOBMITTAL OF A PUD A2~ENDMENT; .%RD PROVi:.:4G AN EFFECTIVE DATE. WHEREAS, the Gadaleta PUD, Ordinan. -] :., ~s am~.,4ed, originally adopted on May 24, 198a, i& .'D'e~ t . o th-. p':-',~i~.~;~s ~f Section 2.7.3.4., of the Land PUD Master Plans; and WHEREAS, the Board of -uuntf and has determined that the certain provisions of the Growth Development Code; and NOW, TH£R£~ORE BE IT ' Collier County, Florida th%t: 1. The above recita.s fully set forth b~r. 2. This Resolution ~hall com. with the revie~ require' LDC. 3. Pursuant to said or agent shall ~ubmit Services Director cause sa~d PUD %o County GMP. This Resolution shall beccr approval. BE IT FURTHER RESOLVFt that minutes of this Board and in the extension is granted. for Approved revi,,;ed tha PUD ., ,tent with and the Land ~. as ',~ ]ance :. ;.~. : of rD". ~.y t' .%-, 'LDI~' ., .pon its · .'=c .ted ,~ th [,-n ¢or which the -1- This Resolution sdogted after motion, second and majority vote. Done this day of , 1997. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: TIMOTHY L. HANCOCK, CHAIRMAN ATTEST: DWIGHT E. BROCK, CLERK JPiAO¢!D AS TO FORM ~D LEGAL SUFFICIENCY: }~$.~ORIk'M. STUDENT A$92Q~ANT COUNTY ATTORNEY 'L,[:'.L~TA PUD/19209 -2- FEB 2 5 1997 ORDINA~CE 89- A3~ ORDINANCE AMENDI~]G ORDINANCE NO. 88-50, W~ICH ESTABLISHED THE "GADALETA PLAJ~NED b~;IT DEVELOPMENT" BY ~ME:;DING R~ISION DATE ON COVER PAGE; BY ~ENDING TABLE OF CONTENTS BY ADDING REFERE::CES TO p~G~PH 3.4.~, T~PO~Y USE FOR A GOLF DRIVING ~CE, TO SE~ION 3, ~D USE REGU~TIONS INDEX; BY ADDING A PREFACE PAGE; BY ~ENDING SE~ION 1, _.P~G~PH 1.2, LEGAL DESCRIPTION BY DELETING THE ~Cb~ENT LEGAL DESCRIPTION ~D ~DING ~ ~DATED 'J~[ONE; BY ~MENDING SECTION 3, ~D USE REG~TIONS, [.2.~y ADDI~;G P~G~P}{ (3.4.1), T~{PO~Y USE FOR A ~.~GOLF DRIVING ~;GE; BY ~ENDING P~.G~PH 3.5, ~EVELOPMENT ST~D~DS BY ADDING ~GUAGE ~ING IT ~ .,~OT APPLICABLE TO P~AG~PH (3.4.1); FOR PROPERTY ~ .:J~OCATED ON THE WEST SIDE OF US-41, OLD NORTH " ~T~I~I T~IL ~D SO~H OF THE LEE/COLLIER GOUTY LINE IN SECTION 10, TO~SHIP 48 SOUTH, ~GE :5 ~ST, COLLIER CO~4TY, FLORIDA; ~D BY PROVIDING ~; EFFZCTIVE DATE. ~EREAS, on May 24, 1988, the Board of County Ccr~issioners approved Ordinance Number 88-50, which established the Gadaleta Planned Unit Develcp~ent; and ~{EREAS, Neno J. Spagna, represen%ing Domenico and Angela Gadaleta, petitioned the Board of County Cor~missioner$ of Collier County, Florida, to amend Ordinance Nuanber 88-50 and; NOW, THEREFORE BE IT ORDAINED by the Board of County .~'-. rC ~,; O,,r. Ordinance Nur,~er 88-50, Title Page, is hereby amended adding a revision date, as follows: v. Oct - · Ordinance Nut, her 88-50, Table of Contents, Section Land Use Regulations, is hereby amended to add a reference Paragraph 3.4.1, Te.-.porary Use for a Golf Driving Range and to add language indicating that Paragraph 3.5, Development - Standards, is not applicable to Paragraph 3.4.1 as follows: SECTION 3 L~:D USE REGULATIONS FOR SUBJECT PROPERTY .... -6- 3.1 PURPOSE ............................................ -6- 3.2 PEP~MITTED PRINCIPAL USES AND STRUCTURES ............ -6- 3.3 PERMITTED ACCESSORY USES AND STRUCTURES ............ -6- -- 3.4PROHIBITED USES A/~D STRUCTURES ..................... -7- .4. = C. V ~ ......... -7- 3.5 DEVELOPMENT STAIN DAJ~D S - '; .4 ............................. ·-7- · .~ . ..... ·: :-.~': :. . .- ~. - ~ ;' :-~ ~ --' ..--. ---. _. . . ...... . :... ~-, .. _~,.,..,~....-.-.: ..,c~---.~._.,.~.y..=,-.-;~,~.~.~,~,,~,?,-~..,,~. ~-..,:~,.--.~,-,.,5.-_.,.-.~?.. ~,,~._-,-~ .... .,,,~..~:.~ -, :_ ~... _ - _~~..,,-~...:~ Ordinance Number 88-50, Preface Page, exp2aining the request is hereby added, as follovs: O ; w ordinance Number 88-50, Section 1, Paragraph 1.2, Legal Description, is hereby amended, by deleting ~he current legal description and replacing it wi~ an update~ legal description as follows: 1.2 LEGAL DESCRIPTION F~eR~BAT-A-EeHBSNSB-A~%-eF-~?~8-A~RE$? A. .- :, v W rR VTM C? rR ','4- ~: Wr U. . 4 ~ C- ~ 9. =.'- ; · . Rr W "'-' '-' . & . ~'~ . Ordinance Number 88-50, Section 3, Land Use Regulations For Subject Property, ~s hereby amended by adding Paragraph 3.4.1, Temporary Use for a Golf Driving Range, as follows: O v w ],,.),. THE PETITIO;{ER SHALL PROVI'DE A .fIFTY ('50) ['COT BUFFI~R OF THE NATIVE VEGETATIO~: AL0:u$ THE. NOFTH AND SOUTH PROPERTY LI;'ES, THE IMPROVEMENTS SHALL CONSIST CF A 40' × CMORE OR LESS] OFFICE/MJ~II;TE~:A::CE BUILDIt:G, A RUTTING GREEN. A PPACTICE GREEN/SAND TP~P. SEVENTY ¢701 PAVED OFF-STREET PT-.R_WING SPACES. A 25' × 40' PAVED LOADING/U?,:L0~,D!::G AREA. DRIVING GOLF P. ANGE RELATED FACILITIES. ALO::G WITH A TE:?OPA,:,Y ROAD AND APPROL~---D WELL SEPTIC SYSTEM TO SERVE THE FACILITy, THE PRESERVE AREAS SHOt.?3 ON THE SITE PLA:; WILL BE RETAINED IN THEIR E×ISTING CC:;DITION. 4~ ALL ~ERIC CA'.<. ¢OUERCUS SP.) E×CEEDING A 4', DI~!ETER ~REAST HEIGHT AND WAX :':¥RT~E fMYRICA ~ERIFERA~ WILL BE RETAINED IN PL%CE. OR. IF THEIR REt<OVAL !S REOUIRED FOR THE D~VELOPME~:T OF THE C-O'.F DRIVING RANGE. THEY W~L B~, TO ANOTHER LOCATION ON THE SITE. AUD PRESER'.'ED 9~JTIL SUCH TIME AS TH:'.'..CA;: BE PE,%"-~.::E'.;TLY RE-P'_'-.:;TED AS PART CF T~'i RECU!RED LA::OSCAPiUQ OF THE P~OPERTY AS ARPR'Y;ED ~.~; PETITION R-iT-31C. THE REMOVAL OF SLASH PI,WE (PINUS ELLIOTTI] AND SAw PALMETTO (SERE::OA REPE::S~ WiLL DE KEP~' %'0 AN ABSOLUTE MINI,ML."~, WHICH SHALL BE SUFFICIrJ:T TO ALLOW GOLF BALL IN-FLIGHT VISIBILITY FOR THE CUSTOMERS USING THE DRIVING SECT!O:: SI×~ Ordina~ N~ 88-50, Section 3, Land Development Regulations, is hereby by amended by adding language reqT-'iring that Para~raRh 3.5, Development Stan~_ards, not be ma-~e a~plicable to Para~raR.~. 3.4.1, as 3.5 DL-v'ELOPMENT STAf:DA.RgS fNOT APPLICABLE TO S~CTIO:~ ~3.4.1]. SECTIO:~ This Ordinance shall become effective u~cn receipt of notice from the Secretary of State thai this Ordinance has been filed with the Secretary of State. DATE: Nover. Ser 28 198c BOARD OF COL~'TY COYlM-.iSSIO::ERS - '.- COLLIER COUNTY, FLORIDA : ATTEST: ' r -- ~ ~JA~ES C. GILES, CLE~ ~T L. SAb~;~ERS, C~l~v~N ~OKiE M. STUDENT ,. ..... . .... ,...: ... """" ' .... 'm':..'.' _..:L_ ;,.3.~.: _. '., ·. ,',~,, ...;3-. .' '. · -.- -. ........... · ..... :.. .. ......~- · ,,, · · ---'~...-.z~%~:'-'--:' ~TO A.~.£:~'D TH--. CADA'..,_~TA I~'JD C---(~,-$7-3~ TO PE.,MI~ TH ...... O..,~'.. USE OF A GOLF D..IV'~.., .'.A::GE P?,£?AR£D FOR DO.~!'-::I CO GADALSTA A::D A!:G F. LA GADALETA PLA:::;i~:G CO:;SULTA:;T DR. ~;E:~O J. S?AG::A. A!CP..:?.E_~. £LC?,!DA U.%~.;~:~ I::-"T.. 3S5:27 AVE::'."- t~APL'-S, rLOE'~-'A DAT~ ISSUED DATE A??~OVED AFXIL. ',1 ~'XB'~ OF CONT~rNT$ SUBJECT TABLE OF CONTE?ITS SECTION ~ 1 · ~ ~UR~osE ........................................... 1.B PROPERTY O;'Nr:f;.Ip ......... 1.6 COaPREEENSiVE PLAN . -1- 1.7 ENVIRONMENTAL ZZPACT STATEZENT AS REqUiRED BY ..... ORDI~IA):CE 77-6~ SECTIO;~ 2. (PROJECT 2.1 PURPOSE 2.4 -2- ~; ~l~i i~, .................. ;ii~ ~ ':::'"'"'"'-- 2 7 .ZTE DE'/ELO:~:,'- PLA~; A ..... ,~- PRCCE~i -4- SE~TZO~; 3 L~;D USE REGULATIONS ~OR SU~JKCT P~.OPEP. TY ...... -6- 3.1 PURPOSE ........................................... 3.2 PERMITTED PRi?;CI?AL USE$ A)~D STvUCTu~ ... -6- · P-RMITT_D ACC;SSOR~ U$;S A);D STRUCT6~S .............. -6- 3.4 PROHIBITED USES AND ~TRUCTURES _~_ [3.4.1] TE}'.PORAI'f USE FOR A ~OL~ DRiV~UG ~.%NQ: ........... -7- 3.5 DEVELOPRE:;T STA:I~ARDS ,(NOT AP~CX~L SEtTlOr; [3 4.)]) 4.1 PUZP~S .............. 4.4 PP. iVATE ROADS. -i- 4.6 ELECT;~ICITYo TE'LE?HONE, CABLEVISIO:; .................. PETIT!Z:!EP.' $ D KC L A P,..XT'r C;{ ............................ - ~- '* - ~,TE~ ~.ANAGEME::T CC::$1~EP..%TIO::S ..................... -!3- T~.AFFIC ............................................. -13- ¢OU:;TY UTiLiTiES .................................... -14- FIRE DISTP. ICT REVIE'~ ................................ -14- E:h~INE--RING ......................................... -14- -ii- '1 . I PU?.PDSE 'cECT"O:! A. TH£ PURPosE OF TEi$ SECTI¢.*! I$ TO -c-"T FO?.T:.-'. TH£ LOC'AT,ON AND O~NEP. SHZp OF 'RE P..C. ..... Yo ~:,~D TO DKSCRI~-" THE EXZST~:!G CONDZTZO~';$ O? T.'-':E P?,OP£P, TY P?,OPOSED TO ~--- DE',/'F--LOPED. 1.2 LEGAL DESCRZPTZO.~; P~.ReEh-A-Zt.:.c~_.r,,~.,c:-- ,=~ ...... :'._ .... ... ~;. .... ' "" :~'"--=:- ~- '-- :"-~- e .--- .',.'- -: ,' -~ - e ~'- ?- ~,,.~- e .=--., :..- ~. ..- ,.,.r_ ,. :,._,=,..~,:: .-~,' -. , LEGAL DE$C?,~PT_'CN PEP, ~U.,V=. DATED ~_?':E NO?,TH $]0.1~' OF THE NO?.TH l/~ QF TH~-.~'~0RTEEAST ~L L 'r --'.--. CCL':~T FLORIDA LY'ti";G ~ESTE?.LY OF OLD U.S. 41 iA TOTAL OF 9.2 ACF',~. ~ L' 18.0 ACP, ES 1'I '"';"rTHOUT F. & . !.3 PROPEP, TY OWNERSHIp A. THE SUBJECT PZOFEP, TY IS OWNED BY DONE:flOC AND ANGELA CADAm-ET; 572 107~h AVEEU-' N.. NAPLES. FLORIDA 339~,3 1.4 GENE."AL DE$CRIPTIC:; O? PP, OPE?,TY A. THE PF, OPERTY CC:;S~STS OF AP~?.OXIMATEL¥ 17.2'. ACC, ES C? LAND L¢CATED O:; TEE WEST SiDE OF OLD US 41. JU-~T SOUTH OF THZ LEE COUNTY LINE. TH--'- SUBJECT PRD.:ERTY IS CU ...... ~TLY ~JD~__,.-_D A~D IS GENERALLY COVE?.ED WITH SLASH PINE. 1 5 CU..:,;..JT ZONING A. TH~ CU?.?,E:;T ZC:;i::O IS RV.F-S FOR PAP,~EL A AND A-2 AGR-'CULTUEAL FOP. PAP. CEL 1~. 1.6 CO?,PZEi~E::SiVE PLAN A. THE COHPP. EHE:;:iVE PLA:; DESIGNATES THE SU:-,'ECT PROPERTY AS BEING %~ITEI.~I TEE "UP,:_AN AREA" OF COLLIE.% 1.7 E.TTIRC. E::E:~TAL IMPACT STATERErIT AS REQUIRED BY CRDI~ANCE 77-66 A. EI$ FO?, PARCEL A SUBMITTED AS PART OF RE~'Ji?,ED DATA FO.". PETITION R-86-25C. PAP, eEL B CC:;TAIN$ LESS THA:; TEN {10) ACR£S AND TEEP,--FORE PETITIO:;EK R£QU£ST$ £iS PE.".MITTED IN ORDI~ANCE 77-66. -1- 2.1 2.-" 2." SECTION 2 PP, 03 £CT DEVELOPM£:IT PU?.POSE THE PURPOSE OF THIS SECTION IS TO DEL;NEATH AND GE:iH!ALLY DESCRIBE THE PROJECT FLAN or DEVELOPMENT. TEE RESPECTIVE US OF THE PARCELS INCLUDED II~ THE PP, OJE~T. AS ~ELL AS THE PROJECT CP, iTE!iI FOR FUTUP, E DEVELOPMENT. C.E;'E,".A L P. EGULATIONS FOR DEVELDF:fE::T OF THiS FF. CZZCT SHALL ~E itl ACCORDANCE WiTH TEE CONTE:;T$ CF THIS DC',U.~.ENT. PUD-~L~:::IED UNIT D~/r..,O ..... IT DiST?,ICT AND: OTHER AF.:LICAB''- SE:TiO~I$ AIl 'PAP`TS OF TH'- COLLIER COUNTY ZONING OZDi:;A:;CE. UNLESS OTHE?,WISE NOTED, THE DEFINITIONS OF ALL TER::S SHALl, THE SAME AS THE D~'FI:IIT!O~;S SET FOP. TH I:! THE COLLIE,:. COUNTY ZONING OP, DINA:;CE. PLAN AND LAND USE THE SITE PLA,': CONSISTS OF ONE FAF. CE'- A CONTAINING 10.5 AC.". CF LAND AND PAP, CEL B CG::TAINING 6.~ AC.".ZS OF LAND FO?. A TOTAL OF 17.23 ACF. ES OF LV..;D. E o IT IS THE INTENT OF THE PETITIO:IE.':'. TC D--';ELOP THIS LA:ID CD::DC.?.IIIIU:'!S ALZ::G WiTH THEi.~. ACCESi-C?.Y %'S~$. THE P`ELATED STEEET$. OFF-ST.%HiT PAP, KIND. OFF-STP,EET LOADItlG/UIILOADI'.:Q. ~ATE.% RETENTION AP, EAS. AND P,,ECP,EATIO``:AL AIl_'" OPE:: SPA~E FACILITIES. ~H;,SES OF D.V_uO ..... ;. THE PETITIC::E?, INTENDS TO BEGIN COI:ST.-".UCTIO:! OF THE P?.OJ~CI AS EAF, LY AS POSSIBLE U~ON AP??,OVAl., O:" TEE PETITION BY THE COUNTY AND CONTINUE WO?.KINO UNTIL ALL O? THE SITE I.".PP`OVEHE:ITS ALONG WiTH ALL III ACCOP, DAN~E WITH TEE COHDITiCNS OF TEE AP??,OViD PUD DOC U,'I. ENT. ESTIMATED CO:I?LETiO~! TII~.E WAS DECE,":.:Z.% 1772.. 2.5 DEV?,.OPMENT AND FP, ACTIONALI-"ATIOII OF TP, ACTS WHEN THE DEVELOPER SELLS AN E.':TIZE TP, ACT OR A (FP,ACTIOH CF A TP`ACT) TO A SUBSEQUENT C',,';:EK. OP. PROPOSES DEVELOPMENT C:- SUCH P~,OPERTY HIMSELF. TEE DF, VELCP~?. S:.'ALL ?kO'lIDE TC TEE AD~:INi-~T?.ATTK FO.". AP??.OVAL. PP. IOP. TO TEE DEVELCFI'fENT CF TEE T~ACT I~Y THE DEVELOF"'?. OP, FK!OR TO THE SALE TO A SUBSEQUENT OWNEF, OF SUCH £.%OPEP`TY. A BOUNDI~,,' -2- ~RAWlNG SHOWING THE TRACT AND TM.r- ~'JIL.':::G PA~',CEL TEE?.EI:! [WHEN APPL~CA~L,E) AND THE SQUARE F¢~TAGZ ASSIGN_.D TO THE PROPERTY. TH-' DRAWING SHALL ALSO SHOw THE LOCATIO:: A:~ OF ACCESS TO THOSE FRACTIC:IAL ?ARTS TH%? DO NOT ABUT A $?P, EET. At; UPDATED HAST£P. PLA:! $!:CW!!;G TEE FRACTIONAL FAP. C ALSO SHALL BE SUB:fITTED. I:: THE-- EVENT ANY TP. ACT C?. BUILDING .:A.%¢-iL IS SOLD .~Y SUBSEQ'JE;;T OW~IE~, AS IDE:;TiFIED I:l O'-CT:O:! 2.5.A, 1N £?.A~TIO::AL PARTS TO OTHER PA.,.~.S F.~?. r_Y_LOP~ .... T. S'J-:~SEQ'JE:;T OWN--?, SHALL F.",OVI~E TO T.'-.'-i ~:::iI:G DIR-_-CTC?,. FOP. D-/£LO ...... · TM--- T.:.'.- BY THE OR PF. IO.% TO THE SALE TO A S"3.:~--Q''=''-~.. ~ .... Ow:;~.?. OF A F..A.T.O..a.,~ ~ ' "', PA?.T, A BOUNDA?.y D~AWI~;G SHOWING Hi~ O.:.:GINALLY PURCHASED TRACT O~ '~'JILDINO PARCEL ALID THE FF,~CTii:~AL £A?.T TP'.EK"I:! A:: TH-' SQUARE FCOTAGE ASSIG!:ED TO EACH OF --HE FRACTIOHAL PA?.T~ THE DRA'-'I:;~ SHALL ALSO SEDw T:'.'-- LOCATIC:: AND SIZE OF TO THOS£ FRACTIONAL PARTS TEAT DO KCT A:UT A PUBLIC A:: UPDAT--"D HASTE?, PLA:! OEOWI:.S'G THE .--?.ACTiO:;AL PA.",CEL SHALL ~E OUM.":ITTED. Co THE D-'r'-VELOPEP, OF A.N"f TRACT MUST SUBMIT A co~rcEPTUAL SITE PL, FOR THE E?ITIR£ TRACT IN ACCOP. DA.~;CE WITH S£CTION 2.5 OF THiS DOCUMENT PP. IC~, TO FINAL ~ITE PLA~I ~VBMiTTAL FOR ANY PC~,TIOI~ DCCUME~:T PP, IO5 TO FINAL SITE PLAN ~U~iTTAL FOR ANY PCF, TION CF THAT TRACT. THE D~VELOPEP, MAY CHDO~E NOT TO $UB~IT A CO:;CEFTUAL SIT~ PLAN FOR THE E::TIS5 TP.A~T IF A FI?:AL SIT~ ?LA:: IS ~U~MITTED AND APPSOVED FOR THE ~TiRE TSA~T. THE DEVELOPER O~' ANY TRACT OP, BUIL~i::G .:A?.C£L ,~.UST SUSM'.T, P~.IO?, TO OR AT THE SAME TIME OF AP?~ICAT-'ON FOP. A BUILDING PEP, MIT, A DETAILED SITE D'i'VELOFY. E:.:T ?LA..': FOP, HIS TRACT PARCEL I:~ ¢O:;FO.",MA:!¢E WITH THE ZONi:~G ¢.=.DINANCE REQUiR'-:".E.MT: FOP, SITE DEVELOPMENT PLA?; AP??,OVAL. THiS ?LA:; SHALL ",.E I:: CC:'.?LIANC£ WITH A::'." AFPROVED ¢ONCEFTUAL SITE PLA}; AS W."i.'.L A~ ALL CRITE?.IA WITHIN THIS DOCURENT. IN EVALUATING THE F?,ACTIONALi"_,ATIO:: PLA::S, L~i~.ECTOS'$ DEClSIC:I FOE APP~.O'fA~ CC:~?LiANC~ WITH TH~ CRITERIA AND ~=~ FO'?.TM iN THIS DOCUMENT CO,hO ..... N,= WITH ALLOWAMLE AMOU OF THE FRACTIONAL PARTS TO PUBLIC O~, PP, iVATE ROADWAYS. CO .... A~.EAS, OR OTHE5 MEA~:S OF ~,G .... 5 AKD IF APPROVAL IS NOT ISSUED WITHI.~ TWENTY (20) WO?,KING DA'rS, THE SUB:"'.!SSIO:~ SHALL BE 2.6 PUD COI;COPTUAL SITE PLA:; APPROVAL PSOCE$S ~..:... PUD CO:!CEPTUAL SITE PLAtl APPROVAL IS DESIRED OR REQUI.-'.ED E'f TH!2 DCCUM-':.~T. THE FOLLOWi:I~ ~.,CC"~UF._ SHALL BE FOLLOWED: -3- ".3 '.? I WR!TTE.'[ REQUEST FOP. CO.'IC:PTUAL SITE pti.',! APPROVAL' .~HAL'., SU'~."IITTED TO THE DIRECTOR FO.", APPROVAL. THIS P. EQ'JEST -"':."ALL IHCLUDE HAT .... ,~L$ };ECESSAR7 TO =,~ ,,e D.,.O...T.,,.... THAT THE APPRDVAL OF THE CONCEPTUAL $..:. PLI:: WILL B_'!" :N ~-' .... TEE ..~R,.O.Iy W--' TH GE:IEP. AL INTE:IT AND PURPOS-- OF THIS DOC~ ....... SUCH HATERIAL HAY IIICLUDE, BUT IS IIOT Li'.:=TED TO Tar .rOLLOWi:rG' WHE.-".E A?PLICAIILE: !} SITE PLANs AT A{'I AP:: .... PLACE ...... OF STRUCTL'?.ES C:t THE crO'---~'~y. ~ ·- - .c T. e= ......... P..O~.S~Ot.. rcR -Lo.._ss A?:D EGRESS, CYF-STRE--T LCA:.':T'~ ARE;,$: 7;,?.95 AND OTHER CPE:I SPACE. 21 PLA:IS SEO',.'iNG PRO?OS--~ LOCATIC:~ ~ .Z?. UTILITIES HOO.~UF. 3) PLANS FOR SCREEIii}fG AND BUFFEP. I:;~ B. Iii THE CASE OF CLUSTERED iUiLDINGs RE~UI!..-.D PROPEP. Ty :E'.'ELOP.'f.E::T REGULATIONS r.A':' RE %.'AIVil OR REDUCED PROVIDED A ~iTE PLA.'! IS APPROVED UNDE?, THIS SECT:O:;. C l · .-E CO::S!!T--NT %;ITH TF.£ CURR£,':T TEE .eC:~£~gL£ FOP. COLII;TY SITE DEVELOP::E:iT PLAII ;,TP~VAL SHALL ACC:::?A~Iy THE D. IF APPROVAL 0.% DENIAL IS N.~T ISSUED %.'-'THi:T T~E::T':' I':=F..:II::,.~ DAYS, THE SUT:HISSiZ:[ SHALL RE CC::SiDERED Ai;TC/IATiCALLY APPROVED. al?- D_V..Op .... IT PLAN APPROVAL }?.OCES3 A. SiTE D.V.LOr .... ~ PLA}; APP?.~VAL, %:HZ:; DESIRED OP. REQUESTED B'." THIS DOCU~,E[;T. SHALL FOLLCi; THE PROCESU.'-.E AS C'UTLI:iE9 ill Ni. iNTE::ANCE OF CO,...O.. AREAS A PRIVATE $~ .... ~S, RECREATIC:; AREAS, C ........ OPEN SPACES, OR A:~Y C...:.. SUCH A..aN~.ESo UPO:: CO::PLETiC.'! Or -.:E PROJECT, OP. SOOI;EF. AS AGREED TO ~Y A'~ PARTIES CO:rCE?..':ED CONE U.I.;'... THE O'~::ERSHIP OF A PROPEP. T¥ O;-':IE?.S A.S..iAT.-~.~! OR SO:~.E SUCH SI,'IiLAP. ORGA:tIZATIO}~ OF RESIDEI~T$. T~IS ORGA~!ZATICI! F. ESPO.':ZIBLE FCR THE ~.AINTE:;;,':C~ OF CO....C.. AREAS CO:;DITZONS SET FORTH Iii THE A .... OVaD ~UD DOCU~:ENT. FILLi::G PLACES ?CLL-':r~ PLACES SHALL BE F'--Z:':?TTED AS [:EEl:ED AppROpRIATE .~y RE-~o:i:IENDATION FROM TEE SE:a...I2Op, CF ELE~TIOIIS TO THE BQAP. D OF COUNTY CO~::-:ISS.O,;_..S IN ;,CCCRDA::CE IllTH SECT:O:I 9 1'. CF 7HE -'O:,'ll,:,~ O?,DINA:~CE 82-2. ' 2.10 Fi?,£ HYD?.ANTS A. FIP, E HYDRA:;T$ $.'~ALL B-- R,Q ...... PE~ T.q-- .~TA:~DAF. D~. C.-- T.'*:'- SU'~DIVISIO:; O?.~ i:,:A~rC E. 2.11 I.~$U.',HCE OF Fi::AL C£?,TiFICATE CF OCCUPANCY A. PP, IO?, TO THE I$.-'-UANCE OF A FINAL CEF, T.'.FiCATe_, OF ALL CC · ,.r,.- LMIT.'._.,,S IN PUD DOCU::_~NT SHALL ~E I:ET BY THE DE'.'ELOP£p. U::L£.~,e SC .......... A....A.;~_..=... '-$ :':UTUALLY %;PC:: ~y THE D~','ELOp_=5 A:;D THE ZO~I2;~ Di?."CT~. ' 12 ,-v,..,,,, ;.,~.~: ..._., ............ IU ...... OF D .... .,.,~ .... ~-~ AT'~''''~ SHALL ~'i A ,.A ........ C.? 88 D-'-,,.{.~ U:;IT$. rE.".CE:;T OF TF,-i. -~'~ DWEllING UNITS SIX ,, -~ S"O'-'" C:: THE ¢O .... :,~,.- ~.A~T£.". PLA::. ¢"'AL' BE TC ~.EET TH" P.=_~.'.'i?,E.~:ENT$ CF THE AFFCP. DA_:'.~_ HOUSING SECTIC': ".'F ..... O~.r..:=~..S~,:. PLAN AS wAS AGEED TO A3 ,~ F.E:ULT C.~ TH'- TH-"'S-' SIX (6) ~-'~'-LLI::~ UNITS MAY BE LOCATED A~F£%~HEZ'- ~;ITHI:I .L- SUBJECT PP. OJECT JUST AS THE 61 A?PZC';--~. DWELLIi:S UNIT'*'- =O" PARCEL "A" ~.A¥ BE LOCATED ,,., f, ..E..E ~'.'THi:! -.._ -:' P.C P £.", TT. -5- 2.1 FL'Z.'- DSE LAND U.~E REGULATIONS FOR """-' . ..E .~ .".0 P E .".T Y IT IS THE PURPOSE OF THiS SECTION TO O:..'?LI:fE THE LAI:D '.'SE P. ESULATIC::S OF THE P?.OJECT SO THAT THE DEVZLO?ME:;T W~LL P~DCEED Il; A NA;I!IEX $;."':ICH 'rS CO::SISTE::T ',a'IT!i THE PUD D~C'.'::E::T ,~.!~D ACCORD!:iG 70 'TEE CCUI.'Ty'$ CCY. FY. EXENS-'VE " '" P'--?.:::TTZD F ...... :gA' US--¢ Al:~, ¢-'-', i'IO 3UZLDZNC, OR STR'..'C?:'RE, 0.% Y,:,?,T T}.'F..~.Z.".-- 2EALL 3E E..E.'.Z... ALTERED OR US_. CE LA.";D USED ill' t, tE:.LZ OF. !:: ?ART F~:' .'T2E.. -..'-:AT: THE FCLLO~'::~G: I ) IIU.,T'.--.--,~.:i,y P, ESiDE:ICES. 2) -- GROUP HOUSING, PATIO HOUSING A::D CLUSTER ROUSING. (D .... ~...;..T PLAN APP?,O',';,L REQ:'Z'P,Z~ - SEE SECTZ.9:: CF ZOt;i:;O OP, DIIIA:~CE). TOW:: EOUSES [Da '-uO.-..-... PLA:; AFF.:. ~E~UZ?.E.~ SEE -V-' '" .... :';;,L - SECTiO:! !0.5 CF ''~"'"' CF. DE:lA:fOE! -r, (,-) pr:,-.-..- OF TEE "-'' .... :'::ITS ,-3 .......... D,,:. ..... ~ CONSTRUCTED ~;iTH.':; PA?.CEL "A" AS SEC:;:/ C:; THE '-O:.'CEPTUAI. NA:TEF, FLA:; SHALL ~.i ~E'.'ELCyE,~ TC NEET THE ~.ZZ'.'zP.z:.iE::T:; OF TH: AFFORDABLE EOUSi':G 5'-'~'O'; O~. -'-'-- ~,~.,-,-ur .... ~- -.,. %,'AS AC, ZED TO AS L RESULT CF THE A.:F?.OVAL OF PETiTiON P.--~ 4 - 2 5C. MODEL EC..: UNITS SMALL DE PER::iTTZ3 !.~: CCNJU:fCTI,2:.' WITH THE P?,C.'J. CT:C:; OF THE D=','--' ~'o"--"T STM MO,_L E~..: %'::ITS S!".ALL ~Z CO:;';E?.TED TO ~"~'~= .... ",':'~,' .... · ..... :-., -HE C'D::FLETIO:' OF -u= P?.OZEC7 U::LE-'S ""-':: '-<~ ::-':-,-,,.v ?.':'.'ED .... - ...... ~,--- S ....... ,,__. ;.p.: :.:, CC'C:;TY. THE '"'"''~ ,~..::-.. CF M.':.~EL ECNZS SHALl, -'-E LI:IZTZ2 TO A NAZi::'./:: CF FOU?. {4) U:;ZT-'. .3 P~P.:IZTTED AC.~ESSOP. y USES A::D S .... Ca.~.,_S ACCESSC.'-.'£ UIE$ AND STR'JCT'JR--$ CUST,~::.%P. ZLy A"SCCiATZD '~'ZTH USES FER:~.ITTED IN THIS DISTRICT. RECREAT.rO:IAL FACILITIES DIRECTLY RELATE2 TO TEE PE.".:IITTED '"?' '?:' US . r ,.,P... ,*b E3 EAI,~/TE:IANCE , ,-, ?,., ,Ua,D.,.vS. STC!ASE BUILD:::S3 A:ID STORAGE AREAl WELCH ARE USED iN CO::JUNCTZO:1%, .... TEE '~ ~ :-~'- ,-V-LO .... ,l~ . -S- 3.4 PROHIBITED USES A:ID STRUCTURES x;)¥ us£s o~, ST~,UCTU;.£S );O? S?£C~F=CAL'.,'; , ~.~OVXSZO,;,'.t.y, BY REASONABLE EltPLZCATION PSP. MZTTED HEXEZN :%..:tEA SHALL ~. pE?..-i~TTED AS A TENPORA~.':' US:, FOP. A ! .... , ..... -G: .SEVE:; TEAP, S OR U::?i~ TH~ COL'::TY UTiLiTiES S¥?TE:: iS AD'.,-- T.' ~.:.CViDE POTABLE ~'ATZ?. 70 THE PPQP~P, TY~ ~F SUCH CCCU.-'.$ AT ~.T'--?, DATE, SU:JECT TO 7HE FOL~Cui;:G D~'.~ELC.:,.,.E:;'~ STA];DA?.7,.c: T~.E PET~TIOt;ER SHALL PRO'/ID£ A Fi?Fy tSO} FOOT BU?FER OF !HE NATIVE VEG--_TATiG:; ALOHG THE I:C?.TH A:~D SOUTF: ~!NES. '" ' ~"' THE ~H..,O/,....I,S S.'-.'XL~ q0~lSIST O£ A q0' X SO' CF:OP.E OP. · L'ES$10FF~CE/HAi?IT~:;A:ICE BUILDING. A PUTTING Q?.EE:I, A . [~RACT~C~ GREEN/SAND T?.AP, SEVE:IT'; 170~ ~AVE~ OFF-STP. EH? ~ARKING SPACES, A 25' X 40'PAVED LOAD~NG/UNLOADi~IG ARK;,,_ DRIVING GOLF P. ANGE RELATED FACILITIES, ALO~;G WiTH A T~MPOP, AP, y ROAD AND APPP. OVED wEt,~ AND SEPTIC SY':TEM TO ~ERVE THE THE PRESERVE AREAS S:-.'C~,'N OtP THE .~iTE PLAN WIL~ ~-, ~.J~TAI.NED I.'; THEE.:. ~;.:i~T~NG CO~tDITieN~ 4) ALL XERic OAK. {¢UZ?.CU$ ~p,} E..¢-_.~.IG A 4" DIA::$T£p_. BREAST HEIG'.-:T AND WA~.: '',:"' ~' THE DE,-uOr..~.I. OF THE GOLF DRIVe:lC RANGE~ "' -" .11'_: HOVED TO ANOTHE,~ LOCATiOH OH THE ~.T~., "t'.,=, ,, t ~- H-,,~.D ,J! A..D ~P. ESEP, VED UNTZ[, SUCH TILLS AS THEY CAll BE PERMANE:!TLY ~E-~LA;;TED AS PART OF .-t:.-- REQUIRED LA~!DSCAPI!IG OF _P_P. OPEP, T'£ ~S APP?.OVT. D I!';'"~ET~TiO:! P.-37-31C, - ,51 THE RE?.OVA~ OF SLAS.'.-: PINE iFil!US E.L~iOTTI1 AND [~ALMETTO {SER~::OA ~,EP~NS) Wll~b ~E ~':EPT TO AP; M~NIHU.~, WH!C.~ .cU.--F!CiENT TO ALLO',,' GOLF BALL IH . ,,~G... .VIsIBI!~IT¥ FO.~ THE CUSTOREPS USING THE I~P. IVI;!C, RANGE.- DEVELOPME~IT STANDAXD$ {NC.--APPLICABLE TO S'--iTIO~! [3.4.1]}. A. HINIMUM LOT AREA: 43,569 SQUARE FEET {Ol;E ACRE) . B. MINiMU.N FLOOP, AREA OF PRI~;CIPAL STRUCTURES: 750 -eQUAP,£ FEET FOP. EACH APARTMENT U~:IT. 3.5 Mi,';I:IUM YAP. D P, EQUIREMENTS FC?. PRINCIPAL STRUCTURES AND ACCESSORY ST?.UCT'JRIi. S AS MEASURED FP, O.~. IJT ..... AL STP. EET AH.~ LOT LINES: -7- :) FRO::T YA?.~: Tu-~-v FIVE (~5) .EH- ~L:'$ C::E (~1 FCCT EACH TWO {2J FEET OF BUILDING E---iGHT OVEK ~i~.T'f SIDE YARD: FIFTEEN (15) FEET PLUS O:~Z (11 FCOT FO~ EAC TWO (2) r=r~ OF BUILDING w=~OW- ~"=~ ~w~-z 130) FEET. P, EA~ YAP, D: TEIP, TY FE~T PLUS CNE (lJ FCOT FO~. FE~T OF BUiLDI;~G EZ!OET OVEP, TH?.TY ~30~ .i~T. SZT~ACK FRO~ WATE~ A~,~A$: 20 F~OT SET~XCK FF. CM ALL WATK~. OF WAT~F., FCZ ALL ~,, -=-, e-~,'~-',~' = ..... ,IhG ..C.~=, AR~AS SE~LTET. S. A:'D C'TE~?. ~CR~ATiCN WHICH AR~ CT~TCMA~.iLY A~I'T~, WITi~ THE PE?,~ITTZD ' ~ETWEEN A:IY TWO (2) F~,iNCiFAb STR'JCTU~.E$ O:~ THE ~AiIE FAY. eEL SAID ~EFARATION "'' TH~,EE STO~,Y $T~.UCTL'F,E AN~ ' =,,-v (~, r FOR u...UC. =..~ · MAXIHUM HEIGHT OF 5T~.UCTgRKS: TH~.EE (3J STO~.!ES =v~ ..... A.I ..... IA. AI~, CCND ......... G TOWE~.S '"~ UNDE~.GP. OUND PAP, KING, ~-=,,, e, ANY OTMEM, A..U..T-J~. CES WHICH ARE U~%LL'f ~=9''~==' TO PLACED A~OVE THE ROOF LE'.'EL A''~... NOT ...._.,,__'"-="~=~ ECF. .~..I~ ..... CFF-STP. E~T PARKII!~ AND CFF-~TZEET ' -"~ -'"= ~= A::' i~A-'C': FDK CC"~-="~-*C.;' ~=~ .... , , -,' ,', ...... Q 5EQ'JiSED '" THE CCU:!T'f OT, DiNANCE AT THE TiME CF APPLiCATiC:; FO?, CC:]ST?.TCTiC':: PEF. II~T~. SIGNS A2 p._,.~.._D=~"'== B'f THE ~O' .... bi=: CCUNT'f ZC::i::G CM, Ci:;f,:tCE TEE TIME ~F AFPLICATiCU FCF. CCt:ST~.L'i~iC~: LICHTING: LiGETi::$ FACILITIES SHALL BE AF.?.A::GED I:.' A ;:iLL PZCTECT ?.CADW;,'f$ AND ;,DJACZ::T .~F. CFE?.TZ-~S Di.-'.ECT G.LAR~ AMD OTHZ?. INTEP. FZSE::CEE F.I?l I :l:'M LA:i2-cCAP I?:o AS REQUIRED 5':' THE COUNT? 7. C:IIU.~ O?.Di::A:$TK AT TM.". TI: CF APFLICATiQ:! FOP. CC:;$TZ'=CTIQN THE SEWAGE TREAT.~.E::T PLANT SHALL ~E -~UF?E?..=D ACCC.~;DA:!iE WITH SECTiC:: Z.37 OF TEE =2-2. HO. ~ A .... C.-,. ~...! CO..S ........ ..: "'~,'.1:.1 ~...} T,u~ ........ $--.: -T':; A .... $!!OUL, D e,~. 'T L-,LST ~0% O? THZ ?.~L'-"?.Z:.:~:;TS OF SE:T-'C:: 8. '~T O] TH-- ZO::I/IG ORDii;A:IC-'. - AGEUDA IT~EM '~ ~ ao. ~.,ZY~ / 4.1 PURPOSE A.' THE PU£PO$-' OF THIS SE.~T=-O,'; IS TO S--T t'O:TW THE C£:;EP. AL D. ;-LOP..-... --~?-: --,...- .... ¢ ..... P,-~ ......... ,-' AND O..D-..2::S r~-~ D .... Or ...... OF THE PROJECT. ' '" ""~' '"~'"- · .X_~_., PLI:: A. THE PUD H.~$ .... PLA:: E'-ZE_':; IS i:;TE:;D--_'. AS A:I !LLUST?.ATIV£ PP-ELIMiDAR'f DE';ELOF,,.r,.- ~LAN THE r~:- ,. ....... D-..G.. C?,ITERIA A::D LAYC:" ILLUST.~.ATED C:: THE .'~.ASTEZ PLA:! SHALL ~-- U:;DEP. STOCD TO FLE::iBLE, SO THAT, TEE FEI:AL DESIC:: RAY SATISFy PROJECT CRITERIA A:;D ¢C:':PLY WiTH ALL APPLICA.ULE p. EQ',:Ip.r~ItEtITS CF OP..~ I NA.NC E. Co ALL }IECESSARy £ASE:~.--::TS, DEDiCATIO::S, OR OTHER I:;STRU:iE::TS SHALL B£ GP, ANT-'-D TO I::SUP. E THE CO::TI.~;UED ~.-.-... , O .... .~.IO,1 AND MA-'NTE:IANCE CF ALL .='jZ'L.~C SZRVICE UT'-L-'TiES. I'lI!:Op, DESIGD CHA::G--$ -~HALL BE P'-P..'f. ITTED .~'j~_JE.~T TO THE A?FSOVAL OF TH'- .'O::i::O Di?.'-CTOR. < · 2 WATS .'. THE WATE?, EA::AGE>iE:.'T ¢'.*c---,., -u,,, ....... -..~-. CO::pL'..' WIT!! P. EQUIREME.UT$ OF CC..~:., COU:;TY DETAILED SiTE DZAi::AOE PLODs S,,~.~ n= SU}Hi?TED TO -HE COUIIT% E::GIIIEE~ FO% REViiW A:;D APPROVAL PMiOA TO THE START OF CONSTRUCTION. .... P-.x~I...a., ASZ----S TO CCZPLy WiTH THE CC::DITiO:/S CF AF PRCV;,L. .. PRIVATE P'OADS A. THE II:TEK:fAt ROAD ~'.'~:---" ~",, ::IV~'--'" .......... "'" EE ....... ; DWi:ED ADD ~:AiNTA;NED ~y THE FP. CFEP. Ty OW:lEA OR ASS ..... SOLID WASTE DISPOSAL A. A..,.A.IG~H_,,IS A::D AGP. ZEMZ::TS SHALL ~-- NAD'- WITH THE Ap::'~"~D SOLID WAST'- DISPOSAL CO.._C..:. FOP, TH~ CCL'.ECTZO:! A::.- DISPOSAL OF SOLID WAST.r A:ID T?.AS,U.. ,' : r- .--,--.--,-i-~y TZLZPh'~::Z. CA'-LE'/ZSiO~; · ^ ....,%10 ..... ..S/nO.._:...:...~S S'-'.~,? B-t' ~'.ADE WITH THE APPROVED CO ..... ,,.TO.,S FOR S-..V_CES C;r A;! 'AS ~ ---"-- " J- r.__D MA$IS. -10- AGEN(~ ~TEM ........... -' ..... ' ........... :' .... ffEJ "2 5' 1997 SECTIOH 5 5.1 D EV--"LO?ME:IT COMMITME::TS THE PETITIO~ER STATES THAT IF HE/SHE P?.OCEED.~ %~iTH THE P?.OPOSED E--'VELgPHEHT, HE/SHE WILL: A. DO $O IN AC¢CRD WITH: THE COMP?.E.'-'.E:~S.'VE PLA:~ OF COLLIER C)U:;."Y I:r EFFECT AT THE TiME OF AP?hiCATiO.~ FOR CO:!STX'.'=TZOH PERMIT.~. RE'JULATIO:;$ EXiST!::G WHE:~ THE A:'E:;':'.E::T .".EZO:~'ir;O T?:E LA:~D TO FUD I$ ADOPTED, OR AS .":AY HAvE ;'EE:! A.ME::DED: AHD, 3) SUCH OTHER CC::DZTiONS OZ HODIFZCAT=~:S AS ~A¥ BE ATTACH,E~ TO TEE REZO~:iHG OF THE LA~D TO ~UD CLASSIFICATION. PROVIDE AG?,EEMZ::T$, COHT?,ACT$, DEED RESTRICTIOn:S, OR SURETZES ACCEPTABLE TO THE COU:ITY FOP, COMPLETZO:! OF THE UNDERTAKI::G ACCORD WITH THE ADOPTED MASTER PLA:! AS '-'ELL AS FOP. CO;.'TI:IUING OPERATIC::£ A:;D F. AI:;TE:;A:;CE OF SUCH AZ£A_~, FUHCTZO:;,e A:;D FACILITIES THAT ARE L'OT TO -~E P?.OViDED. OPERATED 05 ~:AI:;TAI!;ED AT G,E~:EZAL PUBLIC ,XP_..S_o A;:D. DI:;D HIS/HE?. S%'CCEE-S'2. SSI:: TITLE TO A::Y CO::MIT.~'.E:ITS 5 · 2 Ei:ViZQ:::'.E:.ITAL PROTECTIO:; Ao STAHDXRD EAC STIPULATiCHS (ADO?TED BY EAC PETITIOHE?, SHALL BE SUBJECT TO ORDIN;,HCE ~5-21 (OR THE TREE/VEG?TATiOH RE>:O';AL ORDI::A::CE I:: EX',~TE.'~CE AT THE TIHE O~ PE~.HITTI:;G), P. EQUI?.!:;G THE AGQUI$ITIC:! CF A TREE RE:-:CVAL PEF,,~:iT PRIOR TO A?iY LA:~D CLEAP. I:;~. A SiTE CLEAP, II:G PLAI: SHALL BE SUBMITTED TD THE I;XTUP, AL ~.EECU?.CES I'.A.~:AGE:I'-:IT DEPAP, THE:;T FO.:. THEIR REVIEW AND SUBJECT JO APPROVAL F.RIOR TO AMY WO.".K C:~ THE SITE . THiS PLA:! .~.AY ~E SU~-MITTED I:; PHASES TO COi.~:CiDE WiTH THE DEVELO?ME:IT $CHE,"'.'LE. THE SITE CLEARII:( PLA:! SHALL CLEARLY DEPICT HOW THE Fi:~Ab L.%YOUT I:fCOR?QRATES F, ETAIHED tlATIVE VEQETATiO:: TO THE MAD:IM'.'M POSSI.~LE A:!-D HeW ?.OADS, BUILDi:;GS. LAKES, PA.%.K:?:G LOTS, A:?D OTHE% FACILITIES HAVE BEE:! OZIE.';TED TO ACCOMMODATE THIS GOAL. fIAT!YE SPECIES SHALL BE UTiLiZED. ~'HE?.E AVAILABLE, TO THE MAXIMUM EXTE::T PO$S!BL[ IN THE SITE LA/i.~$CA?I:.'G DE$1$::. A LA:~D3CAPIMG PLA:! WiLL BE SUB:',iTTED TO THE DEVELOPMENT D!VIEIOH A:ID THE I~ATURAL RE,~QU?.CES IJANAGEME:!T -'2EFAP. TI:E:':T FO?. THEIR REVIE',; AHD TII--I?. APP.%O'/At,. THIS PLA:I WIT.'-{ CTHE.", S?-"',IES, 2.-- A::Y. .H-- G ' ,.-' SIT"- SHALL EE .ru=' p.E-CP. EATiC:I CF NATIVE "ET'Ti:.n A::Z CHXRACTE?,ISTICS LOST Oil TEE S'-T£ CU.'-.:.:.; :'2;:'_T?.UCT'-:;: CP. '-'.'E TO PAST ACTiViTIES. ALL EXOTIC PLANTS, AS DEFINED ii! T!i..E CC:~.'7-/ CC:---. ~::.;LL .'-- r',., ,- DURING EACH PHASE OF CC:;STRU'-T'-~:: £:-~-."- :--'.'--LI.:.'I.-'-::T R_..OV.D AF. EAS, OPE:! SPACE AREAS, AND P:.ESr-.':';E A~EA$. F:L. LT'.:i::: -~'-"" ~, ..., t t D.,.LO ...... , X MAINTENANCE PROGRAM ¢=''' -" i.'..L_.'..:.'TEi _.CE.. T..i. p?.CVE::T ~.-'-IN';ASIO:: CF THE SITE BY -'-':'.': _:::T'-C S? FLXN, WHICH WiLL DESC?.I!E CG:rT, R~L T--:K:"-:':~$ L.'~.% i::TE?.'/AL.< cuA'L BE r~L--' ~:TH AND '.'.'.~J!:T TT A???.C':AL BY T::i ...... :.A .... S ...... S .':A::AGE.'I.,:;T DE?ART-~.%:'T :: i T.:'E . K'.'ELT F.:E::T E i';iSIT::. ,.Ti-'._.-' IF DURING THE COUP. SE OF SiTE CL£ARI:::, E::CA':~TiC:;. 'CC:tSTRUCTiON ACTIVITIES, ANY ARCHAEQLCQiiAL CR= ...... C,,- SITE, ARTIFACT, OR OTHER I::DICATO.% iS :_';COVZ?.ED. ALL .;.._.:._. A .... ST:??ED A: DE',,'ELOP.'{":;T AT THAT LOCATIC':! SHALL ~'-- .... --- -.-- THE NATURAL RESOURCES I'I..XNAQEME:;T ,_?'..T~Z::T N~TIFIE--' __,,-_,O ....... W'-LL BE SUS?E:;DE~ FOP. A S'JF.-'iCiE::T LE::~TE OF .i. TO E:IA~-LE THE NATURAL RESOURCES .'!.A::ASE.':":iT DEPA:.T::::;T OR A DESIGNATED A CONSULTANT TO ASSESS T."::~ FiND AND DETE.=.~i::E TEl .'-.-',OPE.". COURSE OF ACTION IN REGARD TC IT-" .--AL';AGEAEiLITY. Ti NATURAL RESOURCES F.A:/AGE.ME:;T ~EFA."'.T.".E::T SHALL ?.ES~C::D TO Air ]'I,,...l_.. ,'-" EFFiCi .... SUCH NOTiFICATiON II: A TI .... Y A::D E::T C...: ...~.. I~., ACTiViTIES · T?:-- CE:ITS. AL X.,?.iC SCF. TB CC::M'I::iT¥ .<~:.l: -~! MA:::T.~'-::.,'- A; A CG::SE?.VATiO:! AP. EA, AND THUS I::;~...'-~..'TZ2 iNTO THE -:""~'i- THE ..... CC ....... , , OF SIT.,. TH'- DELINEATION "~' T''= SCRUB OAK HA0_iTAT ~'f THE PETITiO:IEP. SHALL BE S'3~CZiT TO THE ?.E';IE'; AIl DUZI.", A .... C~AL CF NRMD. THE SCRU.. ARE.\ SH:-.LL ~E ----':rED · ,., ,.,--.ri. TH" IMPACT OF "'-k'~:'z COIISTF. UCTZCN. DEVELOF.'!.E::T TO ~.,,II,.i~~ · ....... FP. OPCSED RETENTION LAKE ~2, FRESE:iTLT LOCATED I?! THE ::ERIC $"'.RUB HABITAT, SHALL ~E ,~.O';ED TO THE ',!'-~? OF IT'; CU?.?.EiIT LOCATION. AIl ALTEF. NATI¥'E TO LA%E ~-.,,,-,--r,.! WOULD _E TC CHANGE TEE SHX.:E OF THE LA!iH, SO THAT IT LIES OUTSIDE THE $C.-".UB AREA. A SUITABLE BUFFER AREA BET'~E'{II TF.E LAKE AND T ....... C.,. BE .NZi.,SSAR'£ THE CC:ISE?.'.'ATiO:; AREA %;OULD ...'.-~r,:' .--- . RETE::TiO:! LA.HiS RAVE ~--.! LOCATED ..! SEnTi:iCE Oil THE SIT'Z AltOt4 FOP, PXO.:E.% DRAINAGE [ROM EAST TO '.;E-~T FACILITATED BY THE SITE TOPOGP. APH¥. P. ELCCATiO:! OF RETENTI ,l.. SIGiIiFICA:iT '4 .... ' "- S,~A? , LAKE $2 A .... DiSTA:iCE TO THE '~EST '""" '~ SC..-M. pRO.:OSED · AFFECT THE DRAINAGE ~= r THE ACCESS ROAD THP.~USH ~' SCR"JB C ......... T. 5HALL T?.A';E?-S THE CC:ISEZVATiON AREX AT A DOI::T WHICH '&iLL NOT $IG::IFiCA: ''"' CF -u.- TH?.OTC. H THE '~'~' THE .-- '"' 1.1. ~-- HA=_ITAT. Tvr LOCk. ~..I ........ I- AND CT:ISEF.';ATiO:: AREA WiLL SE S"'~'=CT TO !!?.lid ,,c.,. ":'W -12- 5.4 AP P?,CVAL. THE FLORIDA r:, ,,,t-,- OF r,,, ,~ ~'~'~' .... ' ?.EOULATION A::D THE . C .... ~ .... BY THE U S. COP. PS OF ENGI.{-:..S SHALL BE Y~.lOY. TO SiTE DE'YELOPXZNT CONCEZ~IlI:~ THE FC~SI~LE DESIGNATION OF JURISDICTIO~IAL ~ETLAUD$ CN THE PZOPEP. TY. BCUNDiKIES A~,CU:ID THE WiDLO~ HEAD WETLAi.:D SHALL BE LOCATED, AND SUBJECT TO NZZD RZVIEN. DE'.'ELQ?:~E:IT ~HALL ~CT FEZ~iTTED WITHIN TEE WETLA~iDS AZEA. Agl~UATE EUrFEZ 5i~ALL BE SITUATED I~l THE r~i}IGE ....... ' ~9NES TO ALD9~ FOP, k 1C:l LiTTOP. AL SLO?5 SHALL ~E P. EQUIP. ED Oil THE LAEE A~'JTTiI'G WSTLA~ID A::D P?.ZS~Z'.'E AP. HAS. THZ P~TiTiC:I~R ~.E-VEQETATE L...CP, A, ~OI'IE5 ~'ITH APPSOPSiAT5 NATIVE SPECIE3. THi FEKN P?,ESEZ';E AP, HA SHALL BE CLEA~.LY ~ARKED AI!D L. A~iY GOFM~Z TOZTOiiE3 FOUND O:I T ......... ~.T. SHALL BE *" ACCC'ZDANCE ~iTH FLO~.IDA C-AMi A~;~ ..,i,E WATE5 TE'Ta P~.EVZ;U~LY IEEe:liD U~:~S?. F-TiTZr ~:~ P.-~4-Z7C. SHALL .U_.:ZT-52 T, THE ......... " · ,.~ ACICP.~XNCE '~iTE-.!- $UEXiT~ED A. TEE ='-' ::: FZOVi~E LEFT A:~2 ~-cv- TUF,:'I LA~ES T..~ ~_;__C.-R .... PSQVIDE ASTIZIAL LEVEL STSEZT LIGHTiNQ AT [.~ ...~.;C-. THESE ............... S A~.S COM$1.DEIED "SITE ,e r ., Ill C...~..A.,,E 15-!5 A~ID SHALL NOT ~= A:P'VrD AS CP, EDIT$ TO~'AP.D AYY I~FACT FEES P, EQUIZED ~Y THAT 5.5 5.7 A. SU.~J£CT TO STI?'JL~T~O::S O~ JOH:! F. HA-'k:Z;~S-~ ~ .... 0 DATED AUGUST 6, 19~7 {CO.'-'." ATTACHE-"'). A. PLATTI:;G .......... ' ~ SH;,LL B-~ ?,EQUI.%ED Ii.' ACCOP, DAMC£ WiTH TH-: SU~-D'-VISICM B. ~Io £XCEPTIC:;S TO TH-'- SUSD'.';ISiC:I p.--GULATiC::S %ERE ?,--~U--STiD. TH--_?.~_F.~.",E, ~:O::-- SHALL BE GSA:IT'-D. C. THE ACCESS KOAD SHALL ALSO pp, OV!DE ACC"'~S TO THE TF. ACT ]~£7-OU-~D U::DEF, O~DI,'IA:ICE 84-27C. MEMORANDUM August 6, 1987 AUG 1 0 ~Ul ~LANNIHG-~?O Ann McKim, Plannlng & Zoning Director t~ FROM: John F. MadaJewski, Utilities Enqlneer!ng ~trector RE: ~etl~lon R-87-31C, Gadaleta PUD Pe .... on and have no objection We have revieJed the above referenced ''"' the rezone as requested. ~owever, we require the following stipula- tions as a condition to our recc.~r~..endation for approval: A) water & Sewer 1) Water distribution and sewage collection and transmission systems will be constructed throughout the project development by the developer pursuant to all current requirements of Collier County and the State of Florida. Water and sewer facilities constructed within platted rights-of-way or within utility easements required by the county shall be conveyed to the County for c~-nership, operation and maintenance purposes pursuant to appropriate Co'=nty Ordinances and regulations in effect at the tL~e of conveyance· All water and sewer, County to be located ~ithi~ utility easements s..a~ ~e ~w~._,..-~ and maintained by the Deve.c~er, his assigns or successors. completion of const:n/cticn of the water and sewer facilities wi~hln project, the facilities will ~e tested to insure they meet Collier County's utility construction reTcirements in effect at the time construction plans are approved. T~,e above tasks mus% be completed the satisfaction of the Utilities Division prior to placing any utllil facilities, County o~ned or privately owned, into service. Upon completion of the water and/or sewer facilities and prior to the issuance of Certificates of Occupancy for structures within the the utility facilities shall ~e conveyed to the County, when required by the Utilities Division, pursuant to County Ordinances and Regula- tions in effect a% the time conveyance is requested. 2) All construction plans and technical specifications and proposed plats, if ap~licable, for the proposed water distribution and sewage collection and transmission facilities mus= be reviewed and approved the ~Dlvision prior to c¢..-~n..encement of 3) All customers cosnecting to the water distribution and sewage collec=ion facilities will be customers of the County and will be billed by the County in accordance with the County's established rat~ Should the County not be in a position to provide water and/or sewer service to the project, the water and/or sewer customers shall be customers of the interim utility es=ablished to serve the project un the County's off-site water 'and/or sewer facilities are available to se.-ve the project. ! .! · To: Ann Mc.Klm, Planning & Zoning Director Page 2 ~ August 6, 1987 4) It is anticipated that tko Co=nty Utilities Division will u!tlma ly su~D1y Potable water to me~t the consumptive demand and/or receiv and treat the sewage generat~ by this ~r~Jec~. Should the County system not he in a ;ositlon to supply potable water to the project and/or receive the project's wastewater at the time develcumen= co..'~...ences, the Develo~r, at his expense, will install and operate on-site sewage treatment and d!s~osal facllit!~ ade~Jate to meet al re,!foment= of the approprlate reTulato~ agencies. 5) An Agreement =ha!l ~ entered into between the County and the Develo;er, binding on the Developer, h~s a~s!gn~ or successors, legaj acceptable to the Co~ty, prior to the approval of construction document= for the ~roposed ~roJect, stating ~at:' ' a) ~e Proposed water ~u~!y and cn-~lte treatment facilit~e~ and/o~ on-site wastewater treatment and dts~sal facilities, if re~ired, a~ to.be constructed as par= of the prcuo=ed ~roJ~ct and mu=~ ~e regard( as Inter~; they shall be constructed to State and F~deral standards and are to be C~ed, ouerate~ and maintained by =he Develouer, his assigns or successors un:il such tL~e as ~he C~unty'= cff-s!~e ~a~er facilities and/or off-site se~er facilities are available to service only to those lands c~ed ~y =he Developer and a~prcved ~y the C:unt~ for de'.'elc~men=. ~e -~-. . provide water and/or sewer sea;ice outside the ~velc~.ent kcunda~f approved by the County without the written consent of the County. b') U~cn connectlon'to the County's off-site water facllit~es, and/or sewer facilities, the Developer, his assi~s or successor~ shall abandon, dismantle and remove from the site the tnterLn water and/or sewage treatment facility and discontinue use cf the water supply source, if applicable, in a mapper consistent with State of Florida standards. Ail work related with this activity ~hall be perfo~ed at no cost to the County. c) Connection to tk~ County's off-site water and/or sewer . c-lit.es will be made by ~he ~ers, ~ei~ assl~s or successors a~ no cos~ ~o -: = such facillt~ex ~ecome available. ~e cost of connect!on shall ~nclude, but no= be limited to, all engineer con=:ruction of new master sewage ~=nping fac!ii:les, interconnec=~on with County off-site fac!lit!es, water and/or ~e~er lines necessary t make the connection(s), etc. Ac;eh. ~ jTr, A4 ~ NC). ~ To: k~n McKlm, Planning & Zoning Director Page 3 ~ August 6, 1987 d) At the time County off-site water and/or sewer facilities are available for the project to connect with, the following water and/or sewer facilities shall b~ conveyed to the County pursuant to appropriate County Ordlnances and Regulations in effect at the tLte: 1] All water and/or Sewer faCillti%$ const:-ucted in publicly ?~.ed rights-of-way or within utility easements required by ~ne County within the pr:~ect limits reTu!red to make connection with the Count'."s cfi-site water and/or sewer facilities; or, ' - 2) All water and se~er -a..l_._es reT:ired to connect the project to the County's off-site water and/or sewer facil- ities when the on-site water and/or sewer facilities are constructed on private pro~erty and not re-n/ired by the County to be located within utility easements, including but not limited to the following: a) Main sewage lift station and force main inter- connecting with the County sewer facilities including all utility easements necessary; b) Water distribution facilities from the point of ~ connection with the County's water facilities to the ma~ter water meter aervln~ the proJec:, including all utility easements ~ecessa~:.. e) The customers served cn an interL~ basis ~! the utility system constructed by the Developer shall become customers of the County at ~ time when County 6fi-site water and/ct sewer facilities are available to serve the project and such connection is made. Prior to connection of the project to the County's off-site water and/or sewer facilit~es the Developer, his assigns, or successors shall turn over to the Count5 a complete list of the customers served by the interim utilities syste~ and shall not compete with the County for the service of those customers. The Developer shall als: provide the County with a detallec ~nventory of the facilities served within the project and the entity which will be responsible for the wa:er and/or sever service billing for the project. f) All construction plans and technical s;ec!f!cations related to connections to the County's off-site water and/or sewer facilities will be submitted to the ~ Dlv!si:n for review and approval prior tc co~encement of construct!Ch. 'To: Ann McKlm, Planning & Zoning Director Page 4 g] The Developer, his assigns or successors agree to pay all system development charges at the tLne that Building Perm. its are reT~!re~, . pursuant to aPPropriate County Ordinances and Re~u!ations in effect · the t£~e of Permit request. Th. is reTairement shall be made all Pr:spective buyers of Properties for which building permits w~ll ] re~ulred prior to the start of ..~ k .... lng construe=ion. h) The County' Will lease to the Developer for operation and main- tena~ce the water distribution and/or sewage collection and trans- mission system for the s%Lm of $10.00 per year, when such system is not connected to the off-site water and/or sewer facilities owned and operated by the County. Terms of the lease shall be determined comple~lon of the propOsed Utility construct!ch and ~rior to of the water supply, treatment and distribution facilities and/or the' sewage collection, transmission and treatment facll~ties. The Lease, if required, shall remain in effect until the County can provide water and/or sewer service through its off-site facilities or until such tim, that bulk rate water and/or sewer service agreements are negotiated with the interim utility system serving the ~roJect. B) Data required under . ab'lit-~ o' --- County Ordinance ,,~,,~ - ~ewage service mu-- ~ ~ 80-112 .... un Prior to an~r~,,.~ -, i~ .... ~ a~prCved bv ~e the project. Su.kmlt a copy o~ .... u~ =.e cc s,ructlon documents for the approved DER ~erm. lts for the se~age collection and transmission systems and the wastewater trea~ten= facility to be Utilized, upon receipt thereof. C) If an interim on-site wate'r supp!y, treatment and transmission facility is Utilized to serve the Proposed Pro,eot, it must ~e properly sized to supply average and ~eak day domestic demand, in addition to fire flc~ demand at a rate approved by the appropriate Fire Contro~ District servicing the Pro,eot area. DJ Construction and cwnershlp of the water an~ sewer facilities, including any proposed lnterL~ water and/or sews e treat3nent shall be in compliance with all Utilities DivisiOn ---~c~ Standards, Policies, Ordinances, Practices, etc. ~n effec= a= the ~!me construct!ch aPprOVal ~s requested. E] Detailed hydraulic design re~orts covering the water and sewage collection and transmlsslcn systems to serve the project must be sukm!tted with the constrict!on documents for the project. The reports shall list all design ass=~p:lcns, demand rates and other factor~pert!nent to the system under consideration. ..1 TO: Ann McKlm, Planning & Zoning Director Page 5 August 6, 1987 F) When the County has the ability to provide sewage treatr, ent and disposal.services, the Developer, his assigns or successors will responsible to connect to these facilities a: a point to be mutually agreed u~cn by the County and the Developer, with the Developer ass=ning all costs for the connection work to be perfo~ed. C) Prior to ap~roval of ccnst.-uct!cn dcc=~en~s ky the 367, Florida Statutes,' that the Florida Public Service Cc...--nisslcn has granted territorial rights to the Developer to provide sewer and/or water ~ervice to the project un~il the County can provide these services through its water and sewer facilities. M) A water main will have to be extended to this.pro,eot, consistent with the County's Water Master Plan to insure that the water system can hydraulically provide · sufficient ~uan:ity of water to meet the anticipated demands of the project. Addltlonally, the Utilities Divlslcn will not be in a position to approve Certificates of Occupancy for the project until the County's water transmission facilities to serve North Naples have been completed and placed into service, the system improvements and on-sAte water distribution facilities pre- viously stipulated have been completed and placed into servlc~ and satisfactory dcc'~enta~Ion has been ~-~ "~ su.~ .... i.e. to the Utilit..~ I} Section 5.5 County Utilities of the rezcn!ng petitlcn shall he revised to include the above stipulations and specify the Petitioner's acceptance of ~hem. The draft Ordinance for the retching approval, which contains the above stipulations, must he su~mitted to %he Utilities Division for review and approval prior to the Petition being considered by the ~oard of County cc: ~87-3~, ag:ss Co C~t ~o~lo~ sc~;~ac~o~s :e~escad b~ c~e Co!~er County ?la:nlnz Co~.~ssi¢~ ~= cheat pub~': hea:i~ os April 21. 1~3. a. ?eC~C!oner s%s~l ~s s~ecc co'0r~a~ce v~zeCaC~on re:ov·! or~ance ~ a~s:e~ce sc cbs ~u~c~s, ~xkes, ;ark~ ~ccs. a~ c:~er fac~c~ts O~t~Ct~ CO aCCCCC~Ct c~s ~oal, ~. ~c~ve s~ec~es s~!! ~e uc~!~:t~, v~ere available, to the lan~scapin~ plan ~.11 b~ su~clcCed Co Cbt N~cu:3~ for cheer ~tv~ev a~d approval. ~s pla~ ~ depict ~ncor~orac~ou o~ ~ac~vt 3pcc~es a:~ c~t~ Te-c:ea:~o~ o~ utC~';e ~eseCsC~o~ a~ ~&~c~: c~araccerLst~cs c. ~1 exotic ~la~ts, ~s ~f~=t~ ~u the Coun~ ~r~venc :t~nvaslon of c~e s~ct by such exo::c s~ec~es. Resources ~nzgt:c:: De?·ri:tn: a:~ the Co,unity Develo~cecc Division. constructional ac:Iv~C~es, an ·rc~atc!og~ca! or h~sco:~cal s/ce. a:::facc~ or ocher /~icltor ~s ~tscovered. all ~tvtloTne~c it tkac locacic~ shall ~e i--:-e~lacely sca~pe~ Developne~c will be suspe~e~ for · sufffcfenc length of co eca~!e the Natural Resources Manage=eno De,arc=eno or a d ts~gn~ce~ consult·n: co assess the ~in~ a~ ~ete.---Ine the proper course of acc~o~ f~ re~ard Co los salvageabilfcy. such notfffca:ic~.: · a ti:el provl~s o~ly a r~i:i:al ~tsr~tlo~ to a~y cccs:r~cclona~ &celtic!as. e. The cent:al ~mr~C scr~ cc-'-~t? shall ~m :z~caf~sd as a scru~ habitat, sht~! ~e ::v¢~ Co C~e vest c! fca current location. ~ al:t:'r.&:Ivt cc la~a rt~oca:~:~ vould be to ~ " chan~t the sha;t o~ the !3~e, sO chic it lles ou:s!~e the conse~a:~o~ a et : ~:~ c~tre~cre bt nectssa~. The ~ect:c~cn lakes ~ave bets ~oct:.~.=' sequence on C~e s!Ct Co a~lo~ ~o~ site topography. ~t:cca:I:~ ._ ' ~rzi=aSe scht=e a~ 8. ~e access r:z~ thr:~;h :he scru~ cc~u~It7 shall traverse i=ptc: the haaS:a:. Tbs loc&:icn of the read through the ccnse~a:ic~ area v.~.~'" he s:~Jec: to h~ review and aa;royal. h. ~e ~Iori~a De~ar::en: cf Z~':Irc~=t:cal Regulation an~ cbt U.S. ~/ Cc:~s of ~[i:te:s shall ~e cocsul:e~ by cbt petitiomer prior to si:t gert!ca:em: co:ct:=~=; the ~ossi~!e ~esiz=zCicn of Juristic:it=al vtc!z~s c= the proTet:y. a~ subject co ~ :avlt'~. Oevelo?:e~t shall v ...... cbt ~e:~a~s a ea Jbal! be Ji:uz:e~ i~ the .. protection of the ve:la~s sys:t:. ~evege:ACe li::ora! cocas ~:h a~propr~a:e ~ative apecles. Shores vht~tve: ~cssi~le. k. ~e fern ~reser]e a:ez shall ~e c!earl7 =arke~ an~ fenct~ off prior co ~eve!c;:e:: ac:avl:y, the fa~ co=:mity. 1. ~y gopher Co:toi~e~ fo:~ --' ~ *;=--.'* ...~.....-=.,=-,.:'..~:*~:~=='~ ~,=C~ ~:r~:-: ~ ~,.. ...... subcic~e~ ~o Cbt Co~:y £~%~ee~ ~o~ realty, ~o cc~s:r~cc~:~ ~er=lcs shall be ~ssut~ c~less and u.' A~ £~cavac~on ~er--~': ~ll bt T cc~sL~e~e~ :O~ina=ce 8~-5~ a:~ shall ncc ~e peel:it=er shal~ c~:;17 ~ CEe s:i;ulz:Ic=s co~cai=e~ i= cbt Ut!ii:les cec:r~=~ ~a:t~ Aususc 6, 19~7. Prior co cbt a;;!ic::Icn for %uil~i:~ shall ~t::ns:ra:e ~o ~he Fire Dis:tlc: Ch~: a~e~ua~e ~a:tr pressure exls:s c¢ ;royale the r~Ini:u: the prose::. Pla:~i~g ' ' shall be rs~i:e~ Lm acc:r~snce Su.c.v.s.o. ~egulsclo:s. the ~" · ' - therefore, note shall  ~.----Th~--acctss ::a~ shall also provide access co :he co--ere/aZ v. ~evise cbs P5~ ~cc"-en: :o include all s:zff s:i~ula~Icns. confus~ sec:io~s vi:h subsections. $~tcifi:a!ly, the for-ac should re~lec: cbs f:llcuini: Seccio:~ I. Su~stcclon A. Su%seaci:: ~. (i.e.: Sec:Ic~ l.A.l.a) e~c.). Sectlo: 2.3.2. ~ascer P!a% s~ ~sn~ ~se. sca:es the si:e ~s i::e~e~ Co be ~e~eic;e~ u::h condo:Ini~:s. E:uevtr. Secclc~ 3.2.1A. states cu!ci-~a-'ly uses vhich iuclu~es re:c~l units. This &pp&recc confllc: should ~e clari~ie~/:esolve~. Secc~o~ 2.~.1. Phases ~he ~¢r~ "project" in ~the: appropriate vor~. as. Section 2.5, ~eve!c.-r:..enc an~ ?racclona!i:a:~cn of Tracts. CC. Replace this Seco:o: wi:n cat current scat:are language, ·tcac~e~. Sect~c~ 2.7, Fo[lire ?Ix:es, shal~ be a:t:~s~ co re·~ as fo~lovs: ?oll!:~ p~aces stall ~ ~e.-~::ed as · p~ro~r:a:e b~ ~ecc--e~:~:: fro: C~e S~t~Is:r cf £~ec:ions to c~e ~car~ cf Cc~::~ Cc'--'sslc~ers ~: a::::~::e vLc~ Sec:~o~ ~.~ of C~e Z::~n; C:di~ance a:ende4 Co charge the so,sec:Ion nu::er, as-~.J is a du;!Ica:e previously use4 ~: Chi deco:eno. Section 2.5, MJ~:u: ~c:b,r O! ~e!!!n~ to add th· fo~ laz~ua~: Ts: (LO) ~n:qof the ~uell~n~ ~:ICs Constant:ed %JChl: ~arcsl A as shc~ an the conceptual ~·sce~ plan, s~z!l be develo?e~ Co oeec the · e~u~re=lncs of the J~for~a~]e Eo~slng Sec:Ich of the Co=?rehenslve ?lan as vas re:o~i:g ~tci:io= R-~-2~C. Secticn 3.2.I shall %e a:ende~ co add · =er su~secti:n D., ~hlch sca:es: Ten (lC) ~e::e:: of the d~e!!i:g u:ICs cons:.-~c:e~ v~.chi: Par:t~ A as shc%~ o~ the c:nce?cual cas:er ~lan shall ~e develcTe~ co :~e: the reculre:encs of the A~fordable Eousing Sac:lc: ef cbs Co:p~ekt:slve ?Ia~ as vas agreed Co as a resul: of the aT?r:val of :e:cnln~ ?e:Icion ~-8~-:~C. Section 3.3.2, Pe:':-i::e~ Accesso~, Uses and $cr~ctures. }!cvs =o~el ho:es co Sec:~cn 3.2 to &llo~ as · p:~nci;a~ Use. Otherwise the accel kc:es or unica ccul~ ocLy ~e 4evelope~ as an accessory use. T'..e :ur%er of codel ~c:es/unlcs sho~l~ ~e li:i:e4 to · c~x~-u= of & Sect!cc 3.5.3. Deve!c::en: Standards. Clarify the sec~ac~s ~rcn "peripheral ~::;e::? lit:es". Does tkis boundary lines? ~:cvide st:~ack :eculre:en:s fro: the internal street and In:eri:r loc ~i~e$ cc:sis:tnt ~ith the ~2r-6 Dis:tlc: (f::n:: 35 fee:; aide: 15 fee:; rear: 30 fete). Prcvlda greater set,acks for strdc:ures over 3 StOries total. A:~, provide ·ccessc.-y sC:ucc:re set~ack.s consiste:C w$ch Cbt Zcci~8 Oral:ante. A/so, ~eltce eke reference Co signs having z 5 fee: set'ack, an~ provide thac parkln~ ·re·s, loa~In$ areas, etc. :usc ;:o';Ide ~:ea:er than $ feeC set'ack if needed I: ergs: to c:=p~y vith buffe:In~ rsRuire:encs around the PL~ ~er!:eter. Also provide st;ar:re setback re~uire:encs for grcu~, clus:sr sod pa:to hcusl:~. '. 4 4 .1t. /c:ch s:z~r~s for ~u~ftrL~ chis pro, cc: ~rc= future ~z~ uses as ~tR~:t~ ~= Sec:~o~ ?.27~.~I)(b) c! the Zo~:~ Oc~n~:cs ~2-2. Such sc~=~r~s shc~ be ~: ~eas: 50~ c~ cbt re~u~re:e~:s of $ecc~c: 8,27 o~ the Zcn~n~ Or~::ance. · . , Ccu~:). racer se~,'~ce ~s OF ~~=, 1988. R-87-31C Aq.'e~cenC Sheet I, Neno J. Spagna, as owner or authorized agent for Petition PDA-89-6, agree to the foll¢~ing stipulations requested by the Collier County Planning commission in their public hearing on November 2, 19S9. a. Petitioner shall be s%:bject to ordinance 75-21 (or the tree/vegetation removal ordinance in existence at the time of permi==ing), requiring the acquisition of a tree removal permit prior to an':' land clearing. A site clearing plan shall be suhmi=~ed to the Natural Resources Management Department for their review and subject to apprc'.'al prior to any work on the site. This plan may be submitted in phases to coincide with the development schedule. The site clearing plan shall clearly depict how the final site layout incorporates re=aimed native vegetation to the maximum extent possible and how roads, buildings, lakes, parking lots, and other facilities have been oriented to acco--odate this goal. b. Native species shall ~e utilized, as described below, in the site landscaping plan. A landscape plan for all landscapin~ on'the development shall be submitted to the County Landscape Architect and to a county Environmental $~cialist for their review and shall be subject to their a~roval. The landscape design shall incorpora:e a minimum of 60% native plan=s, by number, including trees, shrubs an~ ground cover. At least 60% of the trees, 60% of the shrubs, and 60% of the ground cover shall be native species. At the discretion of the County Landscape Architect or County Environnental $~ecialist a higher percentage of trees or shrubs can offset an e~ual percentage of ground cover. For example, the use of 70% native trees could allow the use of only 50% native ground cover. This plan shall depict the incorporation of native vegetation and habitat characteristics lost on the site during construction or due to past activities. c. All exotic plants, as defined in the County Code, shall be removed during each phase of construction from develcpmen% areas, open space areas, and preserve areas. Following site development, a ~a~ntenance program shall be implemented to prevent reinvasion of the site by such exotic species. This plan, which will describe control techniques and inspection intervals, shall be filed with and subject to approval by the Natural Resources Management Department and the Cor~unity Development division. d. If, during the course of site clearing, excavation, or other constructional activities, an archaeological or historical si~e, artifact, or other indicator is discovered, all develcpment at tha~ location shall be immediately stepped and the ~:atural Resources Management Department notified. ~ve!cpment ~ill be suspended for a suff:zient length of time to enable the Natural Resources Managemen~ Department or a designated consultant to assess the find and determine the proper course of action in regard to its salvageability. The Natural Resources Management Department will respond to any such notification in a timely and efficien~ manner so as to provide only a minimal interruption to any constructional activities. e. In accordance with 7.3.5 of the Conservation ~lement of the Growth ~!anagement Plan, any gopher tortoise burrows found shall remain ~here they are, or if applicable, tortoises will be relocated to a suitable habitat as dete.--~, ined by Florida Game & Freshwater fish Ccr~.issicn. f. Parking areas ~i!! he reduced to 30 spaces. Parking areas ~ill be linercck, paver bricks or grass, rather than asphalt. g. The office/maintenance building will be elevated construction to prevent a "perT,..anent', footprint. This stipulation is subject to approval by Development Services Department (Planning Services Section). h. Any clearing ~hich is otherwise aDproved under this recor~nendation will he permitted i~ no case fur=her than 250 yards past the western most limit of the driving tee area. i. Scrub oak clusters will remain wi=kin the 250 yards. No transplanting will be per~,-itted from the xeric .scrub areas nor any clearing permitted ~ithin those scrub areas for purposes of this A~endment. -2- J. Conservation area (central xeric scrub co~unity) shall be maintained as a conservation area. k. All protected areas will be fenced during clearing development activities. 1. Protected epiphytes, of in impacted area, will be protected and/or transplanted to non-impact areas on site. m. All areas designate~ as protected, i.e. scrub oak habitat, buffer areas, or any other protected area designated under the Gadeleta ~UD will not be altered, unless agreed upon hy Collier County Environmental Services Staff. n. Department of Environmental Regulation and U.S. Corps of Engineers shall be consulted by the petitioner prior to site development concerning jurisdictional wetlands. o. Fifty foot buffer of native vegetation along north and south property lines will be provided. P. Removal of slash pine and saw palmetto will be kept to an absolute minimum, subject to approval of Collier County Environmental Services sufficient to allow golf ba~ ' '1 -- in-. ight visibility for the customers of the driving range. q. No grass or sod may be planted in the area other than in the 20 foot wide driving tee area outside of the xeric scrub limit and in the area denoted as putting green on the proposed ~endment. r. Collier County Environmental Services Staff to investigate with Planning Services the relocation of the access road to a point north of the outer limit of the xeric scrub as denominated on the amendment. s. Prior to submission of detailed construction plans, ptitioner shall sukmit a water management plan to Project Review Services for review and approval. Such plan shall contain general details of proposed water management facilities. Calculations shall be included showing stage-storage curve, weir design and flood routings for the project. t. All stipulations as approved in Collier County -3- Ordinance No. 88-50 shall apply. Approval of proposed interim land use shall not relieve petitioner of any stipulations or requirements, as approved, for the ultimate development of the PUD property. u. Detailed paving, grading and site drainage plans shall be submitted to Project Review Ser~/ice$ for review. No construction pe.-mits shall be issued unless and until approval of the proposed construction in accordance with the submitted plans is granted by Project Review Services. v. Design and Constructicn of all improvements shall be subject to compliance with the appropriate provisions of the Collier County Subdivision Regulations. w. Work within Collier County right-of-way shall meet the requirements of Collier County Right-of-Way Ordinance 82-91. x. Obtain 30' drainage easement centered on ditch running thru FP&L right-of-way. This easement shall be dedicated to the County for the purpose of maintaining the ditch. y. The areas of environnental concern specified in the PUD must be flagged in the field by Collier County Environmental Resources staff with a resulting survey of the delineated areas appearing on all site plans submitted for approval. z. All previous stipulations relating to traffic matters shall continue to apply. However, the required turning lanes must be in place before a certificate of occupancy is issued. aa. The Petitioner agrees to install a well along with an adequate sprinkler system and water storage tank as required by the Fire Code in order to provide adequate fire protect!on for the 40' x 60' building requested in the petition. bb. Plans for septic installation will need to be submitted to Collier County Public Health Unit for necessary review and approval. -4- ' I : ~" ' :'"'~ ' - . : .... . .,..;-, . .? . ' · -'-. %, ....... ~ -~, .... '~.~'.. , :- !,.-".~-Z". :~L,.', ,'- .~F~%~.'"~-"%~. ~-'Z--':.'~' -J_--." e~:*, -~ ~'"-:" .~".-.~~'-~_-~-~-. ~--~ =~.~-~ ~ '__' REPRESENTATIVE FOR CCPC OF SEAL MY COM~ISSION EXPIRES: PDA-89-6 AGREEMENT SHEET nb -5- AGEing. ITI[I9 '% · i :~-. 2.~ .. . .... ,.- ...'~' .~.. ~ :~ ~ .~;.~. ::~.: ~=....- -:~-...:~.~.~;..~ ~ .. . -,-%. ,:T..~. ~.:- .. .. ~- ., ..~. . ~:... :..,.. - ~ ....... : ........ :: .... . . .. ~ .... -~.~....-~.~.~ .... · ~ . _ - ....... ~-~ ~:.~ .... ...~%~ .~-2.~~ RECOMMENDATION THAT THE BOARD OF COUNTY COMMISSIONERS APPROVE A RESOLUTION CERTIFYING THAT THE iMMOKALEE MAIN STREET PROJECT IS CONSISTENT WITH COLLIER COUNTY'S LOCAL PLANS AND REGULATIONS INCLUDING THE GROWTH MANAGEMENT PLAN. To have the Board of County Commissioners approve a resolution certifying that the Immokalee Main Street project is consistent with the County's Local Plans and regulations as required by the State's Community Contribution Tax Credit Program available under the Enterprise Zone program. The Greater Immokalee Chamber of Commerce, as sponsor of the Main Street project, is submitting a proposal to the Office of Toufism, Trade and Economic Development to have the Immokalee Main Street Project approved as a community development project as defined by the Chapter 220.183, ~. Once determined as an eligible project, corporations located anywhere in Florida can make donations of cash, real estate, equipment andY or supplies to the Irnmokalee Main Street project and receive a tax credit equal to 50 percent of the value of the donation. Businesses may take the credit on Florida corporate income tax, franchise tax, or insurance premium tax. The downtown Immokalee area was designated as a Florida Main Street area in August 1996. Under the sponsorship of the Greater Immokalee Chamber of Commerce, a local Main Street Board of Directors was established to implement the program. The Main Street project will build on the assets found in Immokalee to enhance the community's image and attract more visitors to the downtov,'n. Donations of cash and material are being solicited by the Main Street Board to assist in renovation efforts of the downtown. The knmokalee Main Street program area is located within the Immokalee Enterprise Zone which became effective January, 1997. One of the incentives of the Enterprise Zone designation is the ability to offer 50 percent tax credits, up to $200,000 for any one year, to Florida Corporations when they make contributions to approved community development projects. The Main Street Board believes that this incentive will assist them in their efforts to secure donations to the project. Several community development projects can be approved within the Enterprise Zone area. This project is the first request from an eligible sponsor located within the zone. The Statutes require that a sponsor submit a proposal to the Office of Toufism, Trade and Economic Development that contains the following: a copy of the organizations by-laws; a project narrative; a map documenting that the project is located within the Enterprise FF.B 2 5 1997 Zone; and a resolution fi.om the local government stating that the project is consistent with the local plans and regulations to become an eligible community development project. FISCAL IMPACT: There is no fiscal impact to the County with approving this resolution. GROWTH MANAGEMENT IMPACTt Approval of the Main Street project as an eligible recipient of community tax credits will have a positive impact on implementing the Immokalee Master Plan. RECOMhIENDATION; That the Board of County Commissioners approve the attached resolution. PREPARED BY: DEBRAH PRESTON, AICP SENIOR PLANNER REVIEWED BY: BARBARA A. CACCHIONE, AICP CHIEF PLANNER CO~ I-I~x~IVE PLA~G DONALD W. ARNOLD, AICP VINC~'NT A. CAUTERO, ADMINISTRATOR COMMUNITY DEV. AND ENVIRONMENTAL DEVELOPMENT SERVICES Febma .fy 12, 1997 DATE DATE DATE DATE NC). ~ FF.B 2, 5 1997 L_' 1 2 6 7 8 11 12 13 14 17 20 21 22 2~ 25 27 2a 2g 31 ~2 34 RESOLUTION NO. ~7~ A RESOLUTION CERTIFYING THAT THE IMMOKALEE MAIN STREET PROJECT CONSISTENT WITH COLLIER COUNTY'S LOCAL PLANS AND REGULATIONS INCLUDING THE GROVVTH MANAGEMENT PLAN. WHEREAS, the Slate Government has enacted, the Florida Enterprise Zone Program to induce pdvale Inveslment inlo distressed areas Io creale economic opportunities and sustainable economic development; and WHEREAS. the State Govemmenl designated the Immokalee area as a Stale Enterprise Zone el'fective January 1,1997; and WHEREAS, the State encourages the participalion of privale corporations in revitalization projects by granting partial state income lax credilS Io corporations Ihat contdbula resources to public redevelopment organizalions I'or the reviIafization o! enterprise zones; and Whereas. Ihe State aulhorized lhe Commumly T,'~x Credit program Ihal allows a lax credit c~ 50 percenl of the value of Ihe Monahon (nol Io exceed $200.000 in nny one year) to be rece,veO by any Flor~d,a Co. pOrahon Ibl .v~lh~buh~mI5 I0 a Stale approved community development prolocl Iocnlod wdh,t Iho E~dcU~r~so Zone aOainsl ~ny Inx duo for a taxable year; and WHEREAS. the hnmok,qlo0 Mnm Slreul Project is luc~l~.~tl wilhi~l tho Eltl0rprlso Zone, al)d WHEREAS, Courtly Res01ul,on NO ~6-310 endorsed Ihe Immokalee Communily's participation in the Florida Main Streel Pro.gram; and WHEREAS. 1ho SlalO dosignntod hmrtok.qloo ns n FIufid:t M;ml e~lre~l in AuUH'~I lg96, and WHEREAS. Illu IIIIIIIL~klIluu MId~ ~ehuul PluJu~l lb ~.{mbt:,tuld wllh thu hlulzuk;d~f~ M.t~Iul Plan, a separale efemenl of tho Growth Mn.nOemv. I Plan. rl*~d WHEREAS. Ihe G~eeler hlllltuklileo Ch;iu~bc, i ul Cutlllll(.,~L~j i$ Ibc, Sl.,UllSVl ut Ihe Immokalee Mare Street Project and ~s Ir~e spo~t5~, .,.j oru,qn~,~;ihOiI ap~l'fln~l I,jr ;ll)prov;ll FEB g 5 1997 37 4O 41 4:3 46 47 46 SO $$ 57 of the Immokalee Main Street Project as I Slate approved Community DevetopmenJ Project; and NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION ONE: The Immokalee Main Street Project as described in Attachment A Is consistent ',,dth the Collier County Growth Management Plan and the Immokalee Master Plan. SECTION TWO: This Resofulion adopted after molion, second and maiority vote. Commissioner orrered the foregoing Resolution and moved for its adoplion, seconded by Commissioner . and upon roll call the ¥o~e was: . AYES: NAYS; .;~;. ABSENT AND NOT VOTING: Done th~s ~ day ot~, 1997 :~.'. BOARD OF COUNTY CM,',,IISSIONERS COLLIER COUNTY. FLORIDA TIMOTHY L. HANCOCK, CHAIRMAN BY: ATTEST: DWIGHT C. BROCK, CLERK Y HEIDI F. ASHTON, ASSISTANT COUNTY ATTORNEY FEB 5 1997 i ii i Il Il fill Il I ATTACHME,',IT A IMMOKALEE MAIN STREET PROJECT The Imrnokalee downlown area was designated, by the Secretary of Slate, as a Florida Main Street in August 1996, The area designaled as the Immokalee Main Slreet Projecl area located entirely within lhe Irnmokalee Enterprise Zone. The inlenl of the Main Street program is lo work in small rural areas, such as Immokalee. address the complexities el. downlown revilalizalion, The Main Street approach advocates improvements Io create a positive, distinclive image for downtown by utilizing the following guiding principles: · Orga~lzation: Worki.U wllh public a~td private SOClOr comrnu~flty leaders Io develop consensus and coordinale resources to revilafizo downlown; · PrornoIion: CreaIing n.d marketi.g a posilive im,qge of downtown through special evenls, re~a~l sale, s, e,rl,eChve adveH~s,ng arid pubhc relaho.s; · Design Encourag,ng quahly bu,ldmg rehabd, at on. s.gnage, pubhc irnprovernents and w~ndow c~isplays to ~rnprove Ihe appearance of dOwnlown; EconomicRestruClurmg. lrnproving the economic base or downtown by strengthening ex~shng businesses and recrtlll~fl0 [lOw businesses Phase I or the lmrnokalee ~'~ain SIreel Proiecl Iocuses on design,ug a~d renovating COmmercial and residential properhes located in Ihe designaled area. hnproving the exlerior [acades or the buildings localed wilhin the Mai~,~ Slreel Project ares will hc. lp to ge.erale enlrepre~leurial and job-developmenl opporlu.ilies l,or tl~e reside~ts et Ihe lmmoknlee Comm,.m~ty. Phys,cal improvernents will hetp Io create a pos~live image of, dOwnlowrl wh,ch w,It result in a greater number of visitors Io Ihe area Io suppor~ local businesses Phase II el Ihe proiecl wilt locus on la~d ar'qu~sd~on and mhll (~evelop~r~e~tl Promoting the progra~ area to altracl ws~lors as well as bus,ness ~nterests 10 the are,3 ~s ot5o an irnporlant par1 el, the projecl. Incentives are boJllg created to eucouril[je pHv,31e J~;lltlCq~;d~u~l ul Itl(.. islojoCt Illld lO public dOIlurs, Whoru I)'dss*blu vuh.~luu~5 wdl bu u~.~:d lu i~?,~,~!ol hi th%~ lu.uv:diuli5. The Types Of Conlribulio.s being soughl lucludo Ruildh]g materials, h~cludes bul is ~lol lulliled I0 such Ihul~,s ;it; wood, wiltduwS, dOol',:, [);IJul. sD,~cco, alld ally Olher m;flonal used iu Ihe reltuv;H~ul~ (~1 ;t hudd. IU Specially tealures: includes but is nol ).~d~.,d I0 such fl,.'.~s qs ;Iw~t.~[Is. s~rjthlge, I:]u,Jsc;lpulLI, ighting fencing, and allyOtherl,eafureltlnlwdladdtothuuv(.,r;~ll.u;~u olthebuddll~U Tools and Equiprnenl: includes bulls nollirn~tedtosuch flemsas paufl brushes, buckets. rollers, nails, and any other equipmenl necessary Io co~nplete the re~tovahbns or promolo Main Slreel Project area. Cash Con[ribulJons will bt used fo purchase suppties ~leeded for lite re~tOvalions or Io hire professional coniractors Io cornplelo lbo reuovation wo~k. Il' Inroe COulribulio~]s ,"Irt ruceived money could bo used Io purchase ux~tH,uU buddu~gs Ilml u~Ju,J ruuov~Hiuu5 or vltcz~HI luI5 Ih~H will be ImprOved [o mee[ the overall Main Slrcel Prolecl ph'lu C,'lsh co~tlnbuliotts could flI5o bo used tot promollonal rn,'~terinls rot bll~UlL, Ss (Jev(.'lo~)lltuil! ;iH(I r('¢:rl~ihlt~,lll Real Estale Co[;Iributlons: the property wuuld bo impl,dvod fl.d Iheu uflhur rosold or tu;~.~ud by the sponsor whichever would bosl bouuh[ th~ pro(jra~ Promollollal Mnlodals hlcludllt~l pill)ur' tnlldmU IH~'J U~.,stUU wulk usual tu I~lUmutu th~ vilalily Of the Main S(reol ProJecl a.d .ow bushmssus Io Ihu FEB 5 't997 EXECUTFVE SUMMARY RESOLUTION TItAT THE BOARD OF COUNTY COMMISSIONERS ACCEPT AND IMPLEMENT TIlE ECONOMIC DIVERSIFICATION PROGRAM, PHASE II, PRESENTED BY THE COUNCIL OF ECONOMIC ADVISORS AND PREPARED BY TIlE FLORIDA PLANNING GROUP, INC. .O. BJECT1VE: To have the Board of Count)' Commissioners accept and implement the Economic Diversification Program prepared by the Florida Planning Group, Inc. and presented on January 28. 1997 in conjunction with the Council of Economic Advisors and the Economic Development Coun~:il of Collier Count>.'. .CONSIDERATION: Thc Economic Diversification Program, Phase II, recommends a diversification program to increase year around high wage employment opportunities for residents and to improvement economic stability. ' This plan hms thc following kc3, clcmcnts: 1. Program: - Necessary to Achieve Success · Enhance property values through a value added public investment program. · Dcvclop a World Class Medical Community that attracts both practitioners and cutting edge technology. · Create high wage economic opportunities for Count3.' residents through small business assistance and customized job training. · Diversi£v the local economy to enable residents to establish/expand their businesses in the county. · Enhance the tourism program by expanding into ecotourism in the (summer) off-season. Organizational. - Support of Existing Strong Public/Private Partnership - Required for a Strong Program · Strengthen the Bee's role in economic diversification · Economic Development Council as central focal point · Economic Foundations Committee (business and education) · Business Roundtable Staffing: - Additional Staffand Resources will be Required - Crucial Resources · Count),: Business Ombudsman/Clerical Support · EDC: Three Additional Professional Staff · Business Incubator Program · Customized Job Training Limited Use of Incentives: - Leverage Outside Grant Dollars for Optimum Effectiveness · Match State Grants · Focus on High Wage Jobs · Focus on Immokalee and Everglades City FEB 2 5 1997 Executive Summar)' Economic Diversification Program, Phase Il Page Two $. Budgeting: - Transition From Business Tax to Grant Funds. · Count)' Match $250,000 - EDC Match $250,000 · Count)' Staff- Initial $100,000 · Source- Initial: Occupational License Fees Long-Term: Addition of CDBG Funds 6. Other Actions: - Measurable Accountabilits' · Yearly EDC/County Partnership Work Program · Yearly Data/Marketing Materials Update · Ongoing Inventor3.' of Available Building/Land FISCAL IMPACT: The adopted FY 97 budget for Economic Development totals $180,000 which included an expanded sen'icc of $122,200 for program resources. The expanded program was funded by the following: 554,000 in Urban Improvement Grants (a one time source), and $68,200 from MS'ID General Fund (11 I) Rcsen'es, in anticipation that rescn'es would be replenished in FY 98 from a potential increase in occupational license fees. The Economic Development Council will provide $250,000 toward this program. The County's participation in the expanded Economic Diversification Program requires a total financial commitment of $350,000. The adopted FY 97 budget described above provides $180,000. The $170,000 balance of the County's participation will be an expanded sen'ice request in the FY 98 budget process. The Economic Diversification Plan proposes using existing occupational business licensing fees for these expenditures. The Plan recognizes the addition of Community Development Block Grant Entitlement funding for a portion ofthese costs when available in future years. However, it is important to note that occupational license fees are already funding other existing programs in thc MSTD General Fund (111). Total funding required in FY 98 includes the $170,000 expanded sen'ice request, the $68,200 funded by MSTD General Fund rosen'es, and the $54,000 funded previously by the one-time availabili~' of Urban Improvement grants. Funding options include: Using existing occupational licensing fees to fund this program. This would require reducing other programs currently funded by occupational licensing fees in the MSTD General Fund (111) and/or increasing ad valorem taxes. · Increasing occupational licensing fees to fund this program. GRO\X, rI'FI MANAGEMENT: The Collier Count5' Comprehensive Plan does not include an Economic Development Element. However, the Board of County Commissioners identified economic diversification as a Strategic Goal. FEB 2 5 1997 E×¢cufiv¢ Summary Economic Diversification Pro§ram, Phase Il Pagc Thrcc RECOMMENDATION: That thc Board of County Commissioners accept and implement thc Economic Diversification Program for Collier Count.,,' prepared under the direction of thc Council of Economic Advisors by the Florida Planning Group, Inc. and direct implementation by staff. GM/jcl 2/18/97 PREPARED BY: Housing a~d Urban Improvcment DATE: FEB 2, 5 1997 Pg. ~ 29 31 32 33 3a 35 36 38 3~ a2 I I~ E.~()l.tri'l()N 2 ~ ,\ I~.1.:,~()1 .Irl'l()N IIV 1'111.. IIOAIII) ()i: 4 I'()~IMISSIIISI,~RS, C()I.I.IEIt C()US'i Y, I:I.OI(II)A 5 AtH'IIOIUT, ING TIlE hOARD OF (;Ot;NTY (, ('()31MIS~IONEI{S 1'0 ACCEI'T ANI) I,%IPI.EMENT 7 TIlE I.~CI)NOMIC I)IVF~RSIFI('ATION PR()Glb~I, ~ I'IIASI'~ II, I'RESEN'I'EI) BY TIlE COUNCIl. ~ ()F ECONOMIC ADVISORS AND PREPARED lU IIY 'I'IIE I"I,()RII)A PI,ANNIN(~ (~ROUP, INC. II 12 WI II~REAS, ('~dhc~ ('mmb' has ~ccogmzcd nmi allcmpled to diversify ~l~e econumy 14 WI IER~AS. d~e llmml nf ('ouuly Comndsshmcts adopted Collier Cmm~y Ordh~ance 94- 15 2t, ctendn~ d~e UolEer CmmW ('nundl ~f Economic Advisors on May 10, 1~94 Io ~s~sl I(, C~lMd~hmem. ~c~'~c~ aml t'nhancemenl ofpoGdes, progrnms and plons Io h~crea~e and 17 ccmmm~c ~ ~l~l~t)' ;md ec~mondc ~plmmmifics Ihnl ate compatible ~hh lhe quMhy of lil'e IS ('oilier ('omlb'; and I:~ WI I I{R E A S. on lune 1 ,~, Igg(: Ihe I]oard :~f C~:unly Comlnis~ione~s apprm ed a 2:1 ~xilh Ihe FlorMa l'lamliu~ Gioup, Inc. 1o work ~ilh Ihe Council of Economic Advisors and 21 i:repn:e Ihe [{cunmnic l)i~c~ificalion Pra~rmll. Phase 11; nnd 22 WI IEREAS. m: J;muary 2~, 1997 Ihe Board uf Counly Commissioners we[e presenled 23 Illis Eco:mmic [)i~ersificalion Pm~rnm, 24 ~OW. TIIEREFORE, be il resoked hy fl:e l]oard of Counly Commissioners of Collier 25 Coumy, Florida, Il:al Ihe Board of County Oommissioners hereby accepls m~d implemenls 26 Economic Diversificalion Pro~fam. Phn~e II, presenled by Ihe Council of Economic Advisors 27 and prepared by Ihe Florida Planning Group, lac. 28 This Resolulion adopled after molion, second and majorit~ vole favoring same. I)ATED: ATTEST: COLLIER COUNTY BOARD OF COUNTY DWIGI H' E. BROCK COMMISSIONERS APPROVED AS TO FORM AND LEGAL SUFFICIENCY: II¢idi F. Ashlon Dy:. Timoflly L. Ilancock, Chaim~an Dale: EXECUTIVE SUMMARY REPORT TO THE BOARD ON THE STATUS OF THE COUNTYWIDE SIGNAL SYSTEM CONTRACT AND ON-GOING PROGRAMS AND RESEARCH FOR TRAFFIC MANAGEMENT IMPROVEMENTS WITHIN COLLIER COUNTY. OBJECTIVE: To provide the Board with background information and a report on the status of the recently funded FDOT Countywide signal system study. In addition, to provide an assessment of on-going signal system programs for the interconnection of signalized intersections along with a summary of projected improvements to meet the future Transportation Services Department goal of a hard-wired closed loop signal system for the urban area. CONSIDERATIONS: Changes in technology have advanced to the point where Collier Coun[y must consider how these technological advances will impact ongoing maintenance and operation of the County's mobility systems. The phrase most often used to describe this new technology is Intelligent Transportation Systems (ITS). Among the advanta§es inherent in embracing ITS concepts are: 1. Improved travel information for both the public and the maintaining agency (Collier County). 2. Quicker emergency response as a result of implementing "smart" signal systems and "smart" vehicle control systems. 3. Improved traffic flow along the "backbone" arterial roadway network. 4. Fewer traffic jams as enhanced traffic management centers monitor current conditions in real time and adjust for traffic conditions. 5. Improved large vehicle management which would permit direct communication among supervisors, dispatchers and drivers of emergency and service vehicles, busses and semi-trailers. 6. Faster delivery of goods and services along with improved safety management. Many of these types of advanced systems are presently either in place or under development in other parts of Florida, the United States and the rest of the world. Collier County has the opportunity to begin upgrading our systems and procedures along with the opportunity to take advantage of these recent developments in hardware and software. The Board recently approved advance funding in the amount of $275,000 to assist the FDOT in moving forward with a Countywide study to provide a basis for future signal system improvements. Attached for your review is an example of one manufacturer's product which uses the ITS technology to aid in traffic control and traffic counting. This example is typical of some of the recent innovations in the control technology market. Executive Summary Future Signal System Page 2 As Collier County's designated Urban Area develops from a series of suburban developments into an urban area, both the Roadway System and the Traffic Operations System must provide needed capacity to fulfill Level of Service (LOS) requirements as set forth in the Growth Management Plan. The Roadway and Traffic Operations Systems have been and continue to be the subject of a series of improvements to enhance and expand roadways and intersections to maintain a LOS which meets or exceeds the typical minimum LOS Standard of "D" on the arterial network. As the Roadway System expands to a build-out condition of six through lanes on many aderial roadways, the corresponding Traffic Operations System must also expand to provide for new and enhanced signal systems where mainline and side street access conditions warrant. Accordingly, over the past several years the number of signalized intersections has grown to over 110 signal systems within the Urban Area. New signal installations are increasing at a rate of approximately 15% per year. To assure that /he capacity of the arterial road system is maintained, the Transpodation Services Department has actively implemented intersection improvements, access controls and signal system interconnect planning. Intersection improvements usually consist of added turn lanes, renewed or improved pavement markings, auxiliary signing and similar measures. Access controls consist of median openin9 spacing controls, driveway connection spacing and geometry controls and minimum spacing controls for traffic signal placement. Signal system interconnects, thus far, have been one of two basic types: hard-wire interconnects (physically connected signal systems and intersections); time-based interconnecls (signals and intersections "connected" by manipulation of the timing sequences between adjacent signals). Both types of interconnect systems have been designed for expansion to permit upgrading to a hard-wire (fiber-optic cable) closed-loop (central microprocessor-controlled) system. There are several areas presently served by both hard-wired and time-based interconnected sub-systems. Examples of these are: Hard-Wired Systems: Time-Based Systems: U. S. 41 E. (Airport Road to Palm Drive) Goodlette-Frank Road (U.S. 41 to Golden Gate Parkway) 1-75 Ramp Intersections (CR 951 and Pine Ridge Road) Airport Road (U.S. 41 to Golden Gate Parkway) Golden Gate Parkway (50t~ Street to Sunshine Boulevard) Radio Road (Commercial Boulevard to King's Way) The existing systems, including those outlined above, are currently operated and maintained as part of the Transportation Depadment's Traffic Operations Section. The personnel assigned are two Senior Traffic Technicians and one Mai~ I FES; 5 1997 Executive Summary Future Signal System Page 3 Worker. Normal maintenance includes programming of signal phasing and individual signal maintenance by either telephone line connections or individual site visits. There are presently twenty-three telephone connections either in place or on order. Over time, more intersections will be equipped with telephone lines so that site visits may be minimized. Recent engineering reports reviewed by this office and our excellent relationship with the City of Naples Traffic Operations Department, which maintains the City's closed- loop signal system, provides evidence that the most appropriate system for the future will be the continued implementation of a City- and County-wide closed-loop signal system, possibly in coordination with other technologies. The Board's recent action in approving advance funding for the FDOT City- and County-wide Signal System Study is one of the most important steps in assuring future Federal and State funding of such a closed-loop signal system utilizing the latest ITS concepts and technology. The system would be capable of being expanded to serve the entire Collier-Naples Urbanized Area. Additionally, a closed-loop signal system will meet the Congestion Management Strategies of the MPO with respect to both mobility enhancement and congestion management. Signal system performance criteria will include response to through- traffic volume, annual average daily traffic (AADT) counts, seasonal volume fluctuations, time of day volume fluctuations, roadway and intersection LOS measurement for concurrency management, delay condition assessmenl, construction conditions and other traffic and roadway faclors on a continuous 24-hour basis rather than on the existing peak periods as presently performed. It is also prudent to bear in mind that even with the implementation of a closed-loop signal system and other ITS technologies, improvements will be measured in relatively small increments rather than in leaps and bounds. System-wide improvements on the order of several percent can be expected. Individual roadway segments and, especially, individual intersections will see improvements relative to both geometric constraints and overall traffic volumes. Put another way, if a trip from one end of Airport Road now takes twenty minutes, technology enhancements could reduce that travel time by ten to fifteen percent, or from twenty minutes to seventeen or eighteen minutes. The trip will never get down to ten or eleven minutes. FISCAL IMPACT: The implementation of a computerized closed-loop signal system is consistent with the typical phasing of all capital projects. The project will begin with a Feasibility Study and follow through with the Design Phase, Utility Coordination Phase, and Bidding and Construction Phases -- possibly 10 phases over a period of 10 to 15 years. Depending on the final implementation parameters, the total project cost is anticipated to be in thC range of $5,000,000 to $10,000,000. Accordingly, local funding for the overall project will be driven by the availability of both Federal and State funding. The first phase of the work, about to begin, is the FDOT F.~''''':~';t:''' IWV'~E:~, t"" FEB,5 1997 Executive Summary Future Signal System Page 4 Study scheduled in FY 99/00. This study is being fast-tracked by the FDOT based on the County advancing funds of $275,000 as approved by the Board on November 5, 1996 (Item 8A5). GROWTH MANAGEMENT IMPACT: Capacity exists within the County's arterial road system to the extent that the need for a County-wide closed-loop signal system to satisfy present concurrency requirements is not within the County's present Five-Year CIE. A mobility analysis indicates that the closed-loop system could be implemented for addilional segmenls of Airport-Pulling Road, Pine Ridge Road, Golden Gate Parkway and U. S. 41 East. If a decision is made by the Board to Implement these portions of the system and if additional major funding can be secured from Federal and State Sources, the savings in reduced travel time delays and increased safety of operations is expected to exceed the initial implementation cost. The savings would be manifested as less air pollutants emitted at intersections, less gasoline wasted at stops, incremental decreases in travel time and fewer congestion-related crashes. RECOMMENDATION: That the Board of County Commissioners, throughlheMPO, support the Transportation Services Department's goal of developing an interconnected signal system with the use of ITS technology and approve the design and installation of expanded interconnected signal systems for Airport-Pulling Road, Pine Ridge Road, Golden Gate Parkway and US 41 East with the understanding that these roadway segments and associated inb ~,.',? will become portions of a [e(sectior future ~/~, - wi d e ~(~..~m./~ interconnected PREPARED BY: DATE: DATE: David F. Bobanick, Interim Transportation Services Director REVIEWED BY DATE: Haymond W. Miller, P.E., Interim Public Works Administrator M~cha~l A. McNees, Interim County Manager Attachments: No. 1 - Copy of AutoscopeTM Brochure .,.¢,f,,.¥ :_'rjr.. ,o FEW 5 1997 What is machine vision? Ivlachine vision, a!so known as image processing or artificial vision, is a technology that combines video imaging with computerized pa~ern recognition. By using video cameras and computers to emulate the function of the human eye, machine vision offers a p~affcrm for c~unt,e.s re=,-,~fe a~ptica'.icns, In 1987, we demons;rs:ed ~he first working tra,'fic a~.plica:ic2 cf machine visic, n. The goal was to allow wide-area vehicle de:ed:ion and traffic parameter e~rasticn '.':;~out lhe high i~s;a!la;ion and maintenance costs Of embedded sensors, lc the subsequent years, lhe Autosccpe" teshnclcgy was refined to meet customer demands for features, ger'formance, ne'.'.' fund:tons, ar, c affordability, Tcdz, y's fou,~,h.ge~e.~:¢cn Autcsccpe '" ~s Cosigned to sus,cc,~ the complex aSpficafions required by inte'.ligent transF..cc, at:on systems-- a~ an overall cos; that compares favorably with older, less capab;e technologies. What Does Autoscope'" Do? The core of the Autoscope'" detection system is an image processor -- a box that contains the microprocessor-based CPU, specialized image processing boards, and software, to analyze video images. The unit fits in an outdoor traffic cabinet and accepts video signals from multiple roadside video cameras. Using a mouse and interactive graphics, the user sets up Autoscope'" by placing "virtual detectors' on lhe video image displayed on a monitor. Each detector represents a zone - either a wide-area zone or a short zone lhal in lhe simplest form emulates an inductive Iccp For mcst practical applications, there is virtually no limit :0 the number Of zones (100 or more) that can be assigned to an Autoscope "'' processor. These de:action zones are distributed among the cameras to meet the needs ct traffic applications. Once [he system is set up, a deIection signal is generated each lime a vehicle crosses one of these virtual de:e--tots. Autosoope" ¢:,rcCeS.',or ~--,a:.,'zes the ir, video images to generate tra~,c data volume, speed, occuDa.",cy, head,".'ays lengths, and vehicle class;float;an. Information from the various zc,'~es can combined into logical cgera:!cr, s (ALID HAND, H of M). The de:err;ch s gr',al c; de!eyed or extended, cr s':'s:r-',, be enabled and disabled by the of the controller. This versa:ii;r/ma:~es it use Autoscope ''" for many d ffe'e-,t apph ranging from sophisticated tr~-5,c-~ow t~ management and planmn.c The ne'.,,, Autcsccpe ' 200.: ';.':'~s with computer systems and ~e,"'.,.c.k arch4e: Optional SccpeServer" for W,nCc':.,s" s makes it economical to de'.e':c a~d rut applications that use Autcsccre" tr~.ff;c ar.d ram2, ce:e:: .~",. ~-~d c i,"tsta 'at :% at ,'"'~. C~ s:e~ n North America Europe the Fa- East. There are ~vo main reasons lo choose Autoscope "' over traditional detection systems: Cost-effective, reliable Per'for'mange Autosccpe" is dependable, economical, and versatile. It has gained wide recognition over other technologies for conventional and ITS (M-IS) applications. The ne~AutoscopeTM 2004 is priced even more competitively than previous models, thanks to the use ol integrated components and higher.volume manufactunng. Image Sensin Systems, inc. Image Sensing Systems (1SS}, the ccmp behind Autoscope", is a s¢.ecia!ized res~ and development firm v,,i,'h expo.lisa in ir' processing, hardware and sot:ware desig traffic mar~gement and control. ISS codec the Autoscope 7 :ech'%~'c~-.:__~_, ,.,~. ,. ,. - ~ ~ .','v';,'~-;'= b,-~ of Minnesota. a~d fu~-~r¢~ fro M,nnesom Deptmrr~ ~ ~..ar~ :~_l~?n J Federal HiGhwa~ A~d, ist,~,at,cn/[S'S'has strategic a~:anc~th f¢_..c~l Pro Inc in Anahe:m.'L-A lOt the ~:rC~uCtiOn a; d,s:r,but:en et Autoscc~e" ,n t,".e United: ln:e,$ec;cn Dts."ay (~n Dank). Z.cne Map D,splay (m~C~.'e). Ane$ Zone M, ana~er (le.~). Commum. Cat:ohs Serve. Status D,,s=~ay (n~nt). Aries - The Ne~ Generation Abes. introduce~ in ]ub' 1996. is the latest and mosl pocketful ~a~c su~'eiliance and 4:~a m~na$~mem soflw~-e by E~onolite. It is a 32-bh M~c~soft Windo~s~ application. ~hich lakes full advama$: of ~he graphical user ime~ac: and muhitas~n$ capabilities of Windo~vs 92 and Windo~ s N~. [t can also opt~[¢ uncle; [h~ Id-bit Window, s ~nv~ron. ~[. L]k~ Zone Monitor ~'. A~cs pays for hselfm;ny dines over through more ~fl]c[~n~ ~c ~o~', b~:J¢r udHz;fion of e.~sfin$ ~c faciUd~s, reduced down. dine, and savin~s in labor. ' Zone Data Entry Screen {in back), AHes Zone Manager w,th InterSection D~a/cg Box (left). In- le,'~echon Data Entgz Screen w~th Item Selector D,alog Sox Features & Benefits · Graphical user Interface and dialog boxes provide unmatched ease of use. · Windows allows display of multiple operations, Includ- Ing real-time zone map and Intersection displays. Intersection displays can be launched from zone map display. Dialog boxes can show reabtime alphanumeric data on demand, thus al- lowing simpler graphical displays. System monitor and event scheduling tasks can run in background while other tasks run in foreground, including applications other than Aries. Optimized for 32-bit opera- tlon under Windows 95 & Windows NT, but compat. Ible with 16-bit Windows 3.1. Compatible with Zone Monitor IV data files. Powerful detector logging, event logging, and event scheduling features. A superb tool to diagnose traffic equipment, upload, edit & download database files, and optimize traffic. EI ONOLITE Compatibility with Zone Monitor IV Ar/es is ideal for complete!.', r.:'.,, for up!:rad[n_~ exis:in~ Zor, e Mcr.::or IV s.~ s. terns, h is designed to be ir.::,!:.~" j.-. ~E,~ sam~ disk direc:oQ' as Zor. e Mc.-.::c: direcmp:. ~i~h the e~ce~::cz cf Scheduler se:up 1£.'. ou are a Zone Moni:cr IX' ,,.,,:~:, Aries ~ ill safesuard and enhance the i:'.',e::men: that you haxe already made in se:::n~ u7 )our traffic Ane$ Zone I~fanaget (bor'.om le~,), LoC, F.~e &tan. ager (top m,dC,'e), Events Lc'g Data (~,".om re, iCC;e). Volume a'~ Cc~.=anc'.; De- lector Log Data t'~'~ndow (tc~) i ~o. - 3-~60 E. La Palina, Anaheim, CA 92806-2856J P.O. BoxelSO. Anaheim. CA 92816.0150 J FEB 2.5 1997 CONTROL PRODUCTS. INC. EXECUTIVE SUMMARY RECOMMENDATION TItAT TIlE BOARD OF COUNTY COMMISSIONERS TERMINATE TIlE DONATION AGREEMENT BETSVEEN COLLIER COUNTY AND TIlE NAPLES ROLLER ItOCKEY LEAGUE, AND AUTIIORIZE EITIIER TIlE CONSTRUCTION OF A MODIFIED ROLLER IIOCKEY RINK AT VETERAN'S COMMUNITY PARK OR TIIE ORIGINALLY APPROVED COVERED BASKETBALL FACILITY OBJECTIVE: To allow the County to proceed with the construction of a facility at the Veteran's Community Park within the approved budget available for FY 97. CONSIDERATIONS: The County had at the request of the Friends of the Park at Veteran's Community Park budgeted $160,000 for the construction of a covered basketball facility at the park adjacent to the Community Center. The purpose of this facility was to provide a multi-use outdoor covered play area for children involved in after-school and summer camp programs. Subsequent to that, the County ,,,,'as approached by the Naples Roller Hockey League with a proposal to construct two roller hockey rinks at the same park or in some North Naples location. In a desire to construct facilities that can serve dual purposes and limit the amount oflost green space, the County entered into an agreement with the Naples Roller Hockey League (NRHL) on June 25 of 1996 to jointly construct two roller hockey rinks, one covered and one uncovered. The covered facility was designed to house Roller Hockey and have basketball goals, which would have met the objectives of' both projects, in addition to satisfying a very large demand for additional roller hockey rinks throughout the County. The League had attempted to fund raise an amount in excess of $250,000 but unfortunately was unsuccessful. As a result, in order to unobligate the County funding and proceed with a project in this fiscal year, the recommendation is to terminate the agreement with NRHL. This has been discussed with the NRHL president who is in agreement with this action. The next decision is what facility is to be constructed at Veteran's Community Park. The originally budgeted covered basketball facility is still an option and provides a needed covered outdoor play area. As to the other option, the OCPM staff has had an estimate developed to construct a roller hockey rink without a cover, but with the foundation and necessary stub outs to construct a cover at a later date. This project can be accomplished for $220,000. Funds necessary in addition to the budget would be $29,592 and are available from savings realized from another capital project completed earlier this fiscal year. There is a great demand for roller hockey facilities within Collier County. With the only fink being located at the East Naples Community Park, weekend use is scheduled non- stop from early in the morning t.o dark, and lights are being installed to provide more hours of use. Due to the limited .fink hours available, practices are occurring at parking lots throughout the community. The Parks and Recreation Advisory Board has been polled on the choice between a roller hockey facility and a covered basketball court and FEB 2 5 m? have recommended that the Board authorize the amended budget and the roller hockey project. Based on the demand, the Parks Board's recommendation and the knowledge that a cover can be added at a later date, staff is recommending that the County Commission support the proposal to amend the budget and construct an uncovered roller hockey facility at Veteran's Community Park. GROWTH MANAGEMENT IMPACT: The full value of any improvements constructed will be included within the inventory of facilities that serves to meet the Level of Service established for the Parks and Open Space Element ofthe Growth Management Plan. FISCAL IMPACT: There is no fiscal impact to terminating the existing agreement with NRHL. If the covered basketball facility is constructed, the budget that has already been approved for this project would be sufficient to construct the project without the aid of any additional funds. Should the roller hockey rink be built, a budget amendment in the amount of $29,592 would be necessary with funds available from the savings realized from the Caxambas boat launch project in fund 306, which amounted to $29,592. RECO~'I]ENq]ATION THAT THE BOARD OF COLLIER COUNTY COM]MISSIONERS, authorize the staff to develop and the Chairman Io sign a termination agreement following review and approval by the County Attorney's Office for the Donation Agreement between Collier County and the Naples Roller Hockey League, and authorize a budget amendment and construction contract with Surety Construction, Inc. based on annual County construction contracts, for a roller hockey rink at Veteran's Community Park. PreparedbY:~s Administrator EXECUTIVE SUMMARY RECOMMENDATION TO SELECT THE NEWSPAPER FOR THE ADVERTISING OF DELINQUENT REAL ESTATE AND PERSONAL PROPERTY TAXES. OBJECTIVE: To obtain advertising services pertaining to the referenced properties pursuant to state law and the County's purchasing policy. CONSIDERATIONS: Pursuant to Chapter 197, F.S., counties are required each year to advertised the list of real estate and tangible personal properties for which annual tax payments have not been collected prior to final resolution of the unpaid debt. The list of delinquent real estate properties is to be advertised at least three times prior to the sale of tax certificates. The list of delinquent tangible personal properties must be advertised at least once prior to the issuance of warrants. Section 197, F.S. calls for the Board of County Commissioners to select the newspaper for advertising the referenced lists of delinquent properties. In the event that the Board does not select the newspaper, the Tax Collector makes the selection. Previous efforts to solicit formal bids resulted in the receipt of only one response. In an effort to generate competition and comply with the February selection deadline, the Board on February 4% formally waived the sealed bid process and authorized staff to re-solicit proposals. Solicitations were sent to five area publications. On February 14th, proposals were received from two newspapers, Tuff Publications Inc. and the Naples Daily News respectively. A copy of the bid tabulation is provided with the agenda item. Additional backup information will be provided to the Board as part of the staff presentation. FEB 2 5 1997 FISCAL IMPACT: The estimated cost ofthe advertising (a total of four insertions) under the proposed bid offer would be $200,000, though this figure is subject to variation depending on the number of properties listed. Upon selection ofthe newspaper, the Tax Collector's office is responsible for placing and paying for the advertising. The cost of the advertising is ultimately recovered from the buyers of tax certificates or the original property owner. GROWTH MANAGEMENT IMPACT: N/A. RECOblMENDATION: That the Board of County Commissioners select the newspaper for the advertising of delinquent real estate and personal property taxes for 1997. SUBMITTED BY: ',--- ~ ~- · ' Date: ..- Steve Carnell, Purchasing/General Services Director REVIEWED BY: .. ~. (... L c , Date: Leo Ochs, Jr. Support Services Administrator FEB 2.5. 1997 FOR BID #97-2639 'Advertising of Delinquent Real Estate & Personal Properly Taxes for 1996" INVITATIONS SENT TO: $ Vendors POSTING DATE: January 16. 1997 OPENING DATE: February 14, 1997 Delinquent Real EstaTe Taxes: First Insertion Sq, Inch, Unit Pric~ S /' ~'~ S ~".oC'~ S S Parcel Price S /, ~3 S ~ S S Subsequent Insertions Sq, Inch. Unit Price $ /. ~0 Parcel Price S ~ Delinquent Personal Property Taxes: s d.o~ s s S~ S S Single Insertion sq, I~ch. t.'~it ~ce s / ~c s ~,.3~ s s Parcel Price S~ S~ S S Prompt Payment Terms: Addenda Acknowledged: ,39'% /~- days % __days ~,~ ~days Net 30 days Net -'--'-"-"-"-"-'-~o days Net days __,Es __v s __yES __°,'o __days Net __. days __YES __NO "No Bids" received from: WITNESS: EXECUTIVE SUM~IARY UPDATE TIlE DISASTER RECOVERY ADVERTISING PROGRAM,INCLUDING TRE PROCEDURES FOR ACTIVATING COM~I'UNICATION LINES, ANNUAL DESIGN WORK REQUIRED AND PROCEDURES FOR AUTHORIZING LEVEL OF ADVERTISING AND PAYMENT FOR ADVERTISING OBJECTIVE: To update the disaster recovery advertising program, including the procedures for activating communication lines, annual design work required and procedures for authorizing level of'advertising and payment for advertising CONSIDERATIONS: On May 9, 1995 the Board of County Commissioners approved the establishment of an economic disaster fund and plan, the purpose ofwhich is to provide a telephone communication system, provide for design work for advertising, and fund a rese~'e for print and television advertising in the event of an economic disaster. Staff has v,'orked with members of the Economic Development Committee and is recommending some changes to the original proposal. Eight phone lines are to be available at the Super 8 Motel at Tollgate Plaza in Golden Gate and will be manned by volunteers of the Naples Accommodations Association in the event oran economic disaster. The Plan enables the hotel industry to keep visitors apprised on conditions in Collier County following a disaster. Staffhas reviewed various methods of assuring telephone lines are available when needed and concluded that the most efficient way to proceed is for the County to purchase the telephones ($4,500) and to activate one main line (one time charge of $83). The on-going monthly charges for the line is approximately $60. Ifa disaster occurs the Emergency Management Director determines the advertising campaign is needed to accurately advise tourists of the conditions in Collier County. All eight lines would be activated for an additional charge of $270. It should be noted that all service related charges are subject to period adjustment plbs monthly service charges of $60 per line. The original proposal included advertising design xvork but it is apparent that annual preparation work is needed to update the plan and renegotiate media programs with television stations and newspapers. The preparation work done for 1996 totaled $3,600. This invoice has not been paid but is included in the 1997 contract. Also included in the contract is the provision for the annual preparation work for 1997 to be billed on an hourly basis not to exceed $7,000. Funds for advertising (maximum of $963,493) must be available to the GRANTEE almost immediately once a disaster is declared In order to assure the availability of funds it is recommended that the Emergency Management Director determine the exten~he damage and the County manager or his designee would be authorized to rele se t~ FEB 25 1997 Pg.~ . · development tax funds set aside for this purpose imm'ediatcly. This procedure was established in May of 1995 and is reflected in the contract. FISCAL IMPACT: Sufficient funds are available in Funds 193 ($800,200) and 196 ($241,000) reserves. A budget amendment is needed to allocate funds in the appropriate categories. GROWTH blANAGEbl2ENT IMPACT: None RECOi~IENDATION: The Board authorize staff to purchase and install telephone lines as needed, approve payment for 1996 preparation work and approve budget amendment. Date ~.._~.~/ 6// Jean Gansel, Budget Analyst Reviewed by:__~e~~~2~' b Date: Heidi 6shton, As~s'z~t County Attorney . "'"q4-en Pineau, Emergency Management Director Reviewed by: Reviexved by: Steve Carnell, Purchasing Director Michael Smykowski, OMB Director Date: Date: - AGENDA ITEM No.~ FEB 2 5 1997 Pg.~ development tax funds set aside for this purpose immediately. This procedure ',vas established in May of 1995 and is reflected in the contract. FISCAL IM]?ACT: Sufficient funds are available in Funds 193 (S800,200) and 196 ($241,000) reserves. A budget amendment is needed to allocate funds in the appropriate categories. GROWTH MANAGEb~ENT IMPACT: None RECOM'~NDATION: The Board authorize staff.to purchase and install telephone lines as needed, approve payment for 1996 preparation work and approve budget amendment. -/ Jean Gansel, Budget Analyst 6/ . Reviewed by:~ Date: Heidi 6.shton, As,C, sr~t County Attorney Reviewed by'~:~~"~~~a.'-- .... Date: ~.~/ '"'K-eh Pineau, Emergency Management Director Re'dewed by: Date: Steve Carnell, Purchasing Director Reviewed by: "~ ""--'~':'~'~-~'~'------"~ Date: Michael Smykowski, OMB Director AGENDA ITEM NO.~ FEB 2 5 1997 EXECIITIVE SUMMARY APPROVE FUNDING TO NETS ASSETS, INC. D/B/A/NUVEEN MASTERS FOR S390,000 FOR ADVERTISING AND PROMOTION OF TENNIS QUALIFYING TOURaNA~IENT , TOURIST DEVELOPMENT CATEGORY C FUNDS OBJECTIVE: To approve funding to Nets Assets, Inc. d/b/a/Nuveen Masters for S390,000 for advertising and promotion ora tennis qualifying tournament, Tourist Development Category C funds. CONSIDERATIONS: At the January 20, 1997 meeting the Tourist Development Council reviewed a grant application from Nets Assets for $490,000. The Council requested the applicant to revise their application to conform to the revised guidelines and to reduce their funding request. The revised application was reviewed on February 3, 1997. The revised request was for advertising and promotion for $390,000. The IDC unanimously recommended funding the application. If the Board of County Commissioners approves this application a contract will be brou-ht back for Board approval. GROWT!! ~'~IANAGEMENT IMPACT: None FISCAL IblPACT: Sufficient funds are available in reserves in Fund 193 for this application. RECOSI31ENDATION: Approve funding Nets Assets, Inc. for $390,000 for a quali~'ing tournament and budget amendment. Jean Gansel, Budget Analyst / Reviewed by: Date: Reviewed by: Heidi Ashton, Asst. County Attorney M'ichael Smykowski, OMB Director AGENDA ITEM FEB 2 5 1997 vg._ I TO ; ·\'ame andAd&ess o. fA£l~liccmt Organk'ation: Net Assets n t ,'X:uve n M st r Con tam Person, Title, m~d Phoebe ~ amber; Linda Sonders vent \. , (54i) 435-1300 O~anizaffon's Chief O.,~dal and 'lTtle: (202)785.4464 Henr?; Brehm - 'v odueer (610) 695-8881, ext. 104 Is t)~i$ a??lic4tfon for Categosy B (Promotion asdAd~,erti$ing vf Tvurhm in Collier Count,) or Catzgor), C (Local Projec~a a~d/or Am'vities Mddt Promote Tourism in Collier Coun 9)? Ched~ one: Category B ------- Category C ~ Part of the dements of this pro,am ma3, be applicable for Category B consideration, as well, as they provide a valuable and measurable national cable a~d network television advertising vehicle. AGENDA ITEM FEB 2 5 1997 r~. ,2 ' Ho,v mu& fianding is.)'our orga~1izafio,~ requesting? ~ Srie. fly describe progr~ including: - Your organization's capabilify to promote Oilier Oun~ as a tourist destinagon. -~ qee At d Pro - Gco~aphicfocux ofpro',notion, i.e. Collier CounO', Marco Island, Everglade;, eec .,~ A?pli:','~ a'on m us t be accompa~icd k.y the follo~'ing: __ a) ~ b) ~x c) d) __ e) x__~_ 0 Verification of not-for.profit status Last fiscal ),ear finandal statement Incorporation papers Detailed line-item budget for program for both revenues and expenses Detailed description of proposed plan A marketing plan may be substituted for items (d) and (e) above Ca;:gor), C Frojects and a~vities h'I~id~ ?romote tvuri~'m shotd, t hare an cm~h,~2 on forj'oztr April, 1997 through March, 1998-. the 1997/'98 Nuveen Tom' season October, 1997 .. National Qtmti .lying Tournament March, 1998 .. 1998 Nuveen Masters ITEM ~ F =Z ? :, .=. 1997 D:.sct$$ l~oz:'.):~mr orgmtizah'on ~'ill meas:~re t]~e n:~mb~r of visitors attracted a~,{ 'd~e m~m'cer of room n iglltS generated b.j'j'our evezlt. X.Ve v:ill make best :£forts to measure the number of x'isitors at-acted to Collier Count>' th.rough t.hc inte~ated program in many · d-trough a toll-free number attached to the telexision commcrcaals and %ditoriaJs" , through the registrants in the Quzli,',~ing Tournament · through the tracldng of the ticket buyer data by Zip Codes. Cities and States on a driveling computer system and an on-~ite data collection sut,.'ey · working closely u4d~ the hotels and motels in developin§ a trac_idng method that w-ill give a~ ample represent,~tion of room rdghts generated during the events through sua~'e),s on Lid~et order and on-site sun.ey forThS (e.§: Where did you learn about the event? '~'Vhete xdlJ you be staying while attending the event? Appro.'cimately how many miles did you travel to the Event? ~Stha~. are the total ntmabcr of days )~ou plan to attend the event? Hoxv many people traveled uith you to the tort,ma.merit? How did you tra~'el to the Nuveen Masters?) AGENDAITEM FEB 2 5 1997 P~._~..~ ! O(a). I0(~). lO(O. ! O(d). i 0 (?). 1009. Idene,'.D' tlte potzn~'al fi, r amacr:,,'n.¢ " sho:dd.,r and off scasen", oar.of, cormS. :'re:ers as sFect, a:ors or partfci?w~t~ exTressed as "d:e:ddcr and off se,~'on" :'isftori a,'"r, a~zd per Tourfs: Dcvelopmcnt dollar eaj2ended. See At~.~ched Pro_.gTd<~.~ ldc;:cij3' &e t;otenrial for attracting "ot~t.~f. comrD: risitors" as s?cct, ator; er partSci?ants ct?rcssed as "out. oJ:coun~, :~isitors" visitors amazed Fcr Tc,rist De veIo?m en t dollar ~7;ettded. Iden ~fy the e;t~'mated number ff hoecl/motel or campground n i£ht~ £e~crated from thc ailcca~fcns of Tourist Develot~mcnt fi,~ds ea?resscd as ovemig;tt .~ta./s For To,rise Develo?ment Dollar ea,?ended. Idene,~/ the matching dollars provided by.your organizah'on ea?resscd cc~ mar:brag doliar~ vcr Tourist DeveIo?mcnt dollars c.~ended. Idz~ ~,, the ft, m,.e oo'o~vth ?ote~t~al of ~te projea being sttb,ni~ed :,'fgtout Tc,risr Devdopme~l t~.t/~ ~ TDC fimding is to be regar&d as seed mot~9.' ~:ot cc~:mmcus rio:ding. Diso~ss die SOUndness of. yo:~r out-of.count, mafl:etmg plan, spc,%F, calic,, ir, ten,:s of the event ~'flI be promoted to draw o:ec.of-coun~: visitors. AGENDA ITEM No..Lc L~ C,~ ~ FEB 2 5 1997 Disntss.ya : organizat~'on's management and str~ili~, s?ecificnll),, m terms of its to rnco~aff, e the project in accordance ~vit]~ reoOUIatfo;l$ and to ncltic~,~ the results. Disceus.),eur organizativn's rrctdincss to implement the project. Net Assets is vpcratcd by RHB Vcnturc$, a ~II-scrvicc sports and entertaiamen~ ma.rkcting and management company. The principaJs of RI-lB Ventures, Pay Benton and Henry Brehm, are accomplished veterans of the sports markeUng industry,. Together, the5, have produced over ],500 events internationally over the past 25 ye;u's. M.r. Benton and Mr. Brehm estat:lished Net A.~se~s in 1992 with }'imray Co,-mors to promote 35-and. over :ennis throughout the world. RHB's sta. t'f of fort), proleessionals offers a diverse and ~xSde-ranging blcnd of marketing, panic r¢latlons and business experience. This group is responsible for rese~dxing, promoting and implementing events and programs ~at produce results based on spedfic objectives. \,'/i:~h/-ull-tlm¢ and full.sen'ice marketing, public relations, grap. hic design and event operations departments, RI lB is prepared to implement the project on a tum-k9, basis. Net Assets I(ey Personnel Ra)maor~d $. Benton Ray Benton is the President and co-founder of Net Assets, which he launched in 1992 xx4th longdme colleague Henry Brehm. Benton launched his career in international sports marketing as the £ounder and President of ProServ, Inc. He directed ProServ's marketing and event activities that propelled its gro~h into the second largest sports marketing company in :.he world. ,~umong his accomplishments x~Sth ProServ was the deveJopment of' the Volvo Grand Prix, which is often recog]~ized as a model of a successful integrated marketing sponsorship. $ I ;.GENDA ITEM ,: , o. FER ' 5 1997 HeaD,, SteJ~m, one of the most versatile entertainment and sports mazkeging executives in the world, has combined h. is talents and ex?erience to help make R.HB Ventures one of the fastest gro~dn§ compardes of its Idnd in the counu-y. In addition, he serves as £xecudve Producer of the Nuveen Tour for Net A~setz. A graduate of American Urdversity, he served as program coordinator and event director for both the National Football League Players Association and Nord~ American Soccer League Players Association. In the early eighties, he was Executive Director of the Washington Tennis Foundation, overseeing a variety of fund.raising activities, events and programs. Tx~o >'ears later, Brehm became Senior Vice President of Events and Marketing for ProServ, where he managed muld-million dolla~ programs for a variety of Fortune 500 clients and produced over 1.000 events. Prior to founding RI-lB Ventures, Bret~n~ was President of Network International in Philadelphia, whic. h specializes in entertainment ma.rkedng. In the pa_st 20 )'ears, Hem,-/has produced over 1,500 events. As Executive Producer, he directs the efforts of full and part-time employees around the world. Steve is a twenty.year professional in Public Relations who has worked at the Nghest levels for Madison Square Garden, NBC Sports and Main Ever, ts. At Madison Square Garden, Steve was the only director that sen'cd on both the Public Relations and Marketing committees. His responsibilities included duties specific to Madison Square Ga.rden Network and Boxing. At NBC, Steve promoted all major events in thc Sports Division including: The Super Bowl 1983 - 86; World Series 1982.84; Wimbledon 1982.86; The Rose Bowl 1982 - 85; The Orange Bowl 1982.85; The Fiesta Bowl I982.85; khe Big East CoLlege Basketball tournament 1985; MLB All-Star Game 1983.85: and The Democratic National convention 1992. 6 .... AGtND3. ITEM ' · 1 i FEB 2 5 1997 FROM :Nt,Pv~EN Linda Soo. der~ Linda has been a ~ports ma. rkcting and ~peciaI e~,ents pro£~ioaa] for years. Sh~ worked ~5~ ~L Frope~es as publishing m~aget, responsible for m~kefing, ~s~bu~on ~d licensing of ~I N~L printed producu. Hn~ has m~aged evenu in ~ndon, New York ~d South ~, ~d has been r~ponsible for the org~zation of the Nuveen M~ters ~om iu~ first year Naples. Linda is ~ Ev~t Manager for I~IB Venture, r~ponsible for sponsorship s~es, promo~ons and op~afions for spedfic ~B V~t~es 7 ~GENDA ITEM" r~o. ~' ~ ( ~'~. FEB 2 5 1997 Pg. ~ ~ o(0. o0. Disa~ss ~hfl funds are unavailable fronz other sources. Touri;t Develolament fund$ should hoe be viewed as supplanting or replacing existing fanding sources. VirtuaJl), no local Collier County companies have the marketin§ funds nor the objective to expose their message to a national audi~xce. There is tremendous benefit in being associated with all of the elements leading up to thc final event on the world-wide Nuveen Tuur, and Collier County is a substantial redpient of d~ose benefits. Wc have developed a program to expo~'e to thc masses ALL that Collier County has to offer, directly and indirectly, benefiting the entire economy, not just one business or entity. , With funding from the Tourist Development fund, the Nuveen Tour can promote Collier County and it~ benefiu to ox,ar 48 million potendaJ national television homes, thousands of part. idpants and spectators in grass. roots qualifying eventa, and to a N'ETWOKK audience of 90 million households during ira marquee event. The municipal support we seek i~ not to run thc Nuveen Maaters termis event, but to use that event as the cornerstone of an int%~'ated package of promotion to bring awareness of Collier County to an even greater audience than ever before. Disc,ass the ca,vacioj of ~te project to enri& the artistic, cultural, and environmental altrnaive~w~.~, of the communi~ to the ~,isiring public and compae,'bili!3, ~vieh the commun i~ in general. With hundred~ of tennis courts ;md myriad hospitaJit), offerings, a community that has so much to showcase, and an existing enthu.tiasm for tennis in general and specifically for the Nuveen ,Masters professional tennis touma.ment. Collier County is uniquely compatible with a marketing program geared toward the upscale audience this program will reach. Collier Cotmty prides ttsclf in its uniqueness not oalv in Florida, but within the U%ited 5tares and even throughout d~e world. ~ollier Count). is renowned for its pristine beaches and prolific golf. but it~ ideal tennis facil.ities and condition~ are perhaps among it.~ greater strengths. 'l~e proposed program creates a direct, world.x~de association betwccn Collier County and a variety of tea-mis activity ranging from gras~-ruota participation to world-cla~s spectating. The program will teac? both AGENDA ITEM FEB 2 5 1997 targeted groups and the masses sx-ith the message that Collier County is a tennis destination of singular stature and attractiveness. 9 ! FEB 2 5 1997 ,, rY. /~ "THE ROAD TO COLLIER COUNTY" How Collier Cou.{y Mil benefit fi'om a broad.based, irtte~erated markeffnoe l.,art~ershi? with the ,\'u~.'een Tatr INTRODUCTION 'lhe Nuveen Tour is Lhe premier professional tennis drcuit for world.doss competitors who axe 35 and oider. Ah'ret only three ~easons, the Tour has prcr,,en its ability to accomplish for tennis what the Senior PGA has achieved for golf. The Tour sho'.vca.~e~ some of ~e greatest names in tennis .. Jimmy Co,mots, Bjom Borg, John McF. rtroe, GuiUermo Vilas, lohan Kriek, Andres Gemez, Yannick Noah, and Roscoe Tanner. Between thean, thc top Tour players have captured 429 singles ~itles and 24;3 doubles titles, including I0 at Wimbledon; 10 at the US Open; 9 at ~e French and 6 in Aust.ralia. These same tennis legends axe competing on a 20-city world-wide circuit. The Tour's global presence includes stops in Ita.ly; Aust.v;a; France; Germany; Japan; Engla~d; South :~rica; Korea and Saudi Arabia along with U.S. sto=s incSuding DetrOit; New York: Columbus: Washington, DC; San Francisco; RichmOnd; Los Angeles; i louston and Boston. Each season, the players compete for over S3.5 million in ~rize money aqd valuable Nuveo: ,¥[a~'ters Poi, t% At the end of each season, the top ~ight point-xdnners earn the fight to compete in the $300,000 Nuveen Masters. The Nuveen Masters is the grand culmination of and premier event on the Nuveen Tour, fealuring m,'my of d~e Tour's marquee players. CoUier Count3. has been host tu the Nuveen Masters since its inception in 1995. In its first two yeaxs, the event has garnered over 25 million impressions through public relations, adve~sing ~d m~keOng effo~. Using &e s~ong lo--clarion es~blished in ~e first three ye~s, we c~ si~ifi~nfl), inczease the prumo~on ~d aw~cnes~ of Collier Count), as U~e host of this world.cl~s went, ~d the "home" of 35-~nd.over tcnNs. 18 million people parddpate in tennis throughout the country, x~ith n'dUions more watching it on television. The Nuveen Tour embodies all of the excitement and strengths of the game, and has distinct credibility among the people .. mature, I0 AGENDA ITEM FEB 2 5 1997 upscaJ~, 5ophi~dcatcd, wo:ldJ)..- that Collier Count)' wa.nts to attract. A Collier County/Nuveen Tour marketing partnerskip would invigorate tile world. \ride association of Naples and tennis, inspiring visit~ to the future 'tennis capital of the world." Our obj~ctive~ arc complementary: the more ~I3osur~: Collicr Counw receives, the more visitors flock to its shorcs, the greater the population and consequently the greater the attendance at the Nuveen Masters. This proposed integrated marketing program incorporates three promotional elemcnts to present CoLlier County to a world.;~Sde audience: A. National television coverage throughout the 1997 Tour scion B. NationaJIy.£o~sed QualifTing To~a'nament in Naples, October t997 C. 1998 Nuveen M~ters on Nctv,'ork'l'eleHsion 11 AGE~NDA ITEM FEB 2 5 1997 Pg._ N TI NA \ri I 'E' OS RE-. ril-November 997 As the host city of the finzl event of the Nuveen Tour season, Naples will receive specific and inherent exposure on all 10 domestic Tour stops. During each broadcast da>,, a o'ae-mdnutc vignette will be shox~aa on thc Greater Naples and the surromndir, g Collier Count>, ~rea. The commentator., will make ret'ercnc¢ to the destination via Live on-air mentions. The announcers ~11 make at ]east two refercnces per broadcast. A ~aphic that shows the Nuveen Masters point standings xxS]l have the "Road to Collier County" logo incorporated into the design of the grap.hic. In addition to the vignettes the_re ~ill be for~y (,t0) national advertising spots on FOX Sports Net (two spots per hour) to advertise the Count}, and its id~:ntity as the top rcso:z d. rlw for the coumry's ~¢nnis enthusiasts. These advertising spots zre valuable and mea~uraNe: they vail b¢ projected :o a targeted auRienc¢ during the broadcasts of thc Nuveen Tour event, s, and nor during rtndom programming. ~,X'e vdll deliver a specific schedule of air-times and dates at thc bcginrdng of the 1997 Tour season. Additional tele~ffsion c_xpo,t,re ~ll be ~;araercd by on-court .~i~age. A full-page, four. culur advc,nisement in the Spectator Guide of cash Tour ex, em ~51j rou~td out advertising bend]ts i'o,' the County. Addidongl Tour-w~de m~rk¢dng opportuni'des will include Collier County being featured on the Tour's \Vorld-l~qde. Web site. 12 AGENDA ITEM No. Pg. ,/.5 - - O I 'I ~GT U N N .. er 997 Th. is s:grnent is an extension of the Tour into Collier County's "shoulder and off Se2sOn." The Tour :~il1 usc its most prominent event .- thc N'trveen Masters -- to assodat¢, generate interest in and awareness of Collier County as the place to go to have thc °nce'in'a'li-~e~me opportunity to compete in a Tournament with the likes of Jimmy Con_nors and ]okn ,'vlcEn.roc. . Through a international public relations and marketing effort, the world ~'ill become aware that an over.35 doubles team :rill be able to qualif5, for and compete in the Nuveer, .',4a stets. Tl-..rough regional qualig-ing events, 500 doubles pla)'crs ~.511 converge on Naples in October, 1997, to participate in U~e Colher Co,my QuaJifier for the Nuveen Master~. TI'.¢ event v,5II take place on :~.mds courts throughout the Collier County area. The ~'ent is slated for three day~ of competition. An accommodatiuns pacl~ge ~vill designed specifically l'or the c~,cnt :~Sth the County's accorn-modations offidals. I3 AGENDA ITEM No. FEB 2 5 1997 ~HE NLn. rE.EN MASTERS ON NE'IAVORI(_TELEXqfS. ION .. Mar. ch, 199~ Imagine exposing all that ColLier County has to offer to a Network television audience in 90 millioa househoi~t~ for ~. ',.Vith Collier Count), support, the 1998 Nuveen Mazters tournament xvill be broadcast on national network television. CBS, ABC, NBC or FOX. Eight (8) thirty-second spots x~ilI be aJlocated tn the Collier County message. ~\d~tionall?., a one-minute vignette on thc Tour's partnership ~,id~ Collier Co~m~v x~ll air ea~ of the two days of coverage. CoUier Cotuttv ~i!l bc featured on al! Tournament advertising. Telcvision $75,000 Print 80,000 Radio 50,000 Outdoor 10.00.0 Collier County will be featured on all Tom-nament promotional ma:e:'i, ai: 50,000 brod',ures 1,000 posters CoLlier Count>, x~ill appear on bo~ ba~el.ine banners .. a virtuzl :tending 14 AGENDA ITEM No..£ g (~) FEB 2 5 1997 vg.., /5 ~eaudftd beach¢s and world-class golf attract their share of visitors to Collier County. But Collier Cou_nty's 'd'drd peazl is its potent.iai to bc kno~vn as the tennis capital of the world, lSy maximizing the association of thc County with an event and a Tour that has proven ils world-wide appeal, Collier Count), will enhance its image and ruund out ils a:traction as a place for all seasons and ail activities. Coliier Count)' will realize direct and residual effects tkrough this cohesive, integated, yeas-roused marketing program. This progran gives Collier County a very rca] and vaiuabl: association with S$-lnd-over tennis and the Nuveen Tour. And by embracing the "Grand Slam" event of 'diis worlcMvide circuit as its o',~:. Collier Co~n:y wi]! be in a unique position to promote itself to an cxter, t that far exce,-ds :i-,c The national advertising and editor:al xJgn2t:es of Collier Co:=:ltv danng :,~¢ 'l'our's broadcasts and tko net'~x~:'k e. xposur: uf uke Nuveen .',{as:ers v. ili' ?.ave a effect that is viauilly immeasurable. Equally :.'v. m2asurable is ti'-,e impac:, om :he economy of presenting Collier County to e_.,ce~iix'e~ .:rom the Tour's natioaai sponsors -- among diem, Cadillac, US ,\'e~: & l::orld Refer:., Coopers & L','l:rimd and Citiban!~ Ti~.e direct impact of the National (J. uali~Sng Tcurr.,iment, however, will have meas'arab!e resets and will positively impa~ 'die economy in the shoulder sea,on. 15 AGE~DA ITEM FEB 7 5 1997 Pg._ /& 0 0 0 'l 0 0 0 ,--, AGENDA ITEM~ FEB 2 5 1997 Pg. lq o $1 AGENDA ITEl No....~_e. o'S. FEB 2 5 I9! pg. 1~2 '5 ~x~c~l~e Voo~ Cour~ , . · ~oo:..2884 r~ 552 N~T ASSETS, ~NC- INCO~O~T~D UNDER THE LAWS OF TH~ STATE OF ILLI~Q~S HAV~ DUDINSSS fORPO~TION ACT OF ILLINOIS, .IN FORCE JULY 1, A.D. 1984, i F W. 8 2 5 1997 i : g.__.__~C~ AGENDA ITEM FEBpg. 25~199;d~ 1997 AGENDA J:T~M TO FEll 2 5 1997 d oGENOA ITE~ FEB 2 5 1991 FROM :NUVEEN AGENDA ITEM FEB 2 5 1997 Pg .__._-~_ ___ FEB 2 5 199; :NDA~EM FEB 2 5 1997 Pg._ _..~.)_ ..... FEB 2 5 1997 "~.__~_~ .... NDA E AGEN[~F.j~ FEB 2 5 1~97 Pg...__ ??___~.~.~ I AGENI~A iTEM FEB 2 5 1997 Pg. .'.~_ .... AGENDA IT. EM, FEB 2 5 1997 Pg._J_~__ .. 0 0 0 AG£1~A No. FEB 2 5 1997 el,mm( FEB 2 5 1997 Pg.__,.~ ~ ;> O ~ I ~ AGEND AJ T~r..~M No._.~...~_L~.. FEB 2 5 l~' EXECUTIVE SUM/~3%Ry A RESOLUTION AMENDING RESOLUTION NO. 96-590, AUTHORIZING THE ISSUANCE OF NOT EXCEEDING $16,500,000 IN AGGREGATE PRINCIPAL AMOUNT OF COLLIER COUNTY, FLORIDA SPECIAL OBLIGATION REVENUE BONDS, SERIES 1997. OBJECTIVE: That the Board of County Commissioners adopt the attached Resolution amending Resolution No. 96-590 authorizing the issuance of not exceeding $16,500,000 aggregate principal amount of special obligation revenue bonds. CONSIDERATIONS: The Board of County Commissioners on December 17, 1997 adopted Resolution No. 96-590 authorizing the issuance of $16,500,000 aggregate principal amount of special obligation revenue bonds. This bond issuance has been on hold due to market conditions. The bond market is now looking favorable and a Resolution to amend Resolution No. 96-590 is recommended to permit the issuance of these bonds. The following items that will be amended are; 1) A change to the Board's parameter from 4.60% inclusive cost savings to 4.75% inclusive cost savings. 2) Change the first interest payment date from March 1, 1997 to September 1, 1997. 3) Change the date of the bonds from January 1, 1997 to March 1, 1997. 4) The rating agencies (Standards & Poor and Moodys) will request certain changes to the anti-dilution test. 5) The insurance company required a one-half funded reserve account, but the rating agencies require a fully funded reserve account. The above changes are contained in the attached draft of the Resolution and will be more fully explained during the Board meeting. FISCAL IMPACT: None. GROWTH MA~NAGEMENT IMPACT: None RECOMMENDATION: That the Board of County Commissioners adopt the attached Resolution with the appropriate changes that are presented during the Board meeting to amend Resolution No. 96-590 authorizing the issuance of not to exceed $16,500,000 aggregate principal amount of special obligation revenue bonds. Approved by: / Date: County Atto~n~ey I 02,'115/g7 I1:54 "~813 2151 0129 N DRAFT #I: 2/18/97 00136.G RESOLUTION NO. RESOLUTION AMENDING A RESOLUTION ENTITLED: "A RESOI.UTION OF TIlE BOARD OF COUNTY CO1vfiMISSIONERS OF COLLIER COUNTY, F1.ORIDA, AUTHORIZING THE ISSUANCE OF NOT EXCEEDING $16,500,000 IN AGGREGATE PRINCIPAl. AMOUNT OF COLLIER COUNTY, FLORIDA SPECIAL OBI.IGATION REVENUE BONDS, SERIES 1997, TO REFU'ND CERTAIN OtJTSTANDING INDEBTEDNESS OF TIlE COUNTY; PROVIDING FOR THE RIGttTS OF TItT:. HOI.DERS OF SUCtt BONDS; PROVIDING FOR TIlE TERMS AND I)ETAI153 OF THE BONDS, INCLUDING AUTHORIZING A NEGOTIATED SAI.E OF SAID BONDS; COVENANTING T0 BUDGET AND APPROPRIATE CERTAIN LEGALLY AVAIl,ABLE NON-AD VAI.OREM FUNDS TO PAY DEBT SERVICE ON TIlE BONDS; DI:.I,EGATING CERTAIN AUTI 10RITY TO TH ECI tAIRMAN OR VICE-CHAIt~MAN FOR TIFF, AUTttORIZATION, EXECUTION AND DELIVERY OF A BOND PURCHASE CONTRACT REI.ATING 'I'tIERETO AND THE APPROVAL AND DETAILS OF SAD BONDS; APPOINTING A PAYING AGENT AND REGISTRAR FOR SAID BONDS; AUTHOR2ING Tt[F. DISTRIBUTION OF A PRELIMINARY OFFICIAL STATEMENT AND THE EXECUTION AND I)EI.IVERY OF AN OFFICIAL STATEMENT WITIt RESPECT THERETO; AUTttORIZING TIlE ISSUANCE OF A MtYNICIPAL BOND INSURANCE POLICY BY AMBAC INDEMNITY CORPORATION FOR SUCtt BONDS; AUTHORIZING TIlE EXECUTION AND DELIVERY OF A CONTINUING DISCI.OSUtLE CERTIFICATE; AND PROVIDING AN EFFECTIVE DATE;" AMENDING TIlE AFOREMENTIONED RESOLUTION IN CERTAIN RESPECTS; AND PROVIDING AN EFFECTIVE DATE. BE IT RESOLVED BY TIlE BOARD OF COUNTY COMMISSIONERS OF COI,I,IER COUNTY, FI,ORIDA: AGEND~ I.T~F~M 1~o._ ~(/-r, _ F £ d 2 5 02/18/97 11:54 ,'~813 281 0129 :x G & 5 IA.~W^ ..... ,~,.,.~-,~ .' ........... _..- SECTION 1. FINDLNGS. It is hereby found and determined that: (A) On Decc~bm 17, 1996. the Board of Cotmty Commissioners (the "Board") of Collier County, Florida (thc "Issuer") adopted Resolution No. 96-590, the rifle to wlfich is stated in the title of this amendatory resolution (thc "Resolution"), for the purposes described thc:rein, including, but not limited to, authorivSng thc issuance of thc Collier County, Florida Special Obligation Revenue Bonds, Series 1997 (the "Bond.s") upon thc satisfaction of certa/n conditions set forth in Section 2.02 thereof. CB) Due to the conditions in the market for tax-exempt obligations such as the Bonds since the adoption of the Resolution the Issuer has been unable to satisfy all of the para.meters set forth in said Section 2.02. (C) The Issuer hereby deems it in its best interest to modify certain of such conditions in order to enable the Issuer to issue the Bonds and to mnend the Resolution to reflect such modifications and to clarify certain other matters. (13) Thc Issuer hereby determines that thc amendments contained herein shall not materially adversely affect the security fi~r the Bonds and the Resolution is hereby amended as provided herein pursuant to Section 6.01(D) &thc Resolution. SECTION 2. DEFINITIONS. When used in this resolution, thc terms defined in thc Resolution shall have the meanings therein stated, except as such definitions shall be hereinafter amended and defined. SECTION 3. AUTHORITY FOR TIIIS RESOLUTION. This resolution is adopted pursuant to the provisions of the Act. SECTION 4. AMENDMENT TO SECTION 1.01 OF TIlE RESOLUTION. The definition of "Reserve Fund Requirement" is hereby amended in its entirety to read as follows: "Reserve Fund Rcquircmcnt" ~hall mean, as of any date of calculation, an amount equal to the Icsscr of (1) Maximum Annual Debt Service for all Outstanding Bond~. (2) 125% of thc average annual debt service for all Outstanding Bonds, or (3) 10% ,f ~e aggregate proceeds of the Bonds SECTION 5. AMENDMENT TO SECTION 2.01 OF TIlE RESOLiITION. The f'n'st paragraph of Section 2.01 of the Resolution is hereby amended by replacing the ,,A,G E NJ~,-IT I~ M F i ~ 2 5 02/18/97 11:55 ~813 281 0120 N G & N' TAMPA ~+~ COLLIER ATTORS'EY ~004/01 dates "January I, 1997" and "March I, 1997" with "March 1. 1997" and "September 1, 1997," respectively. SECTION6. AMENDMENT TO SECTION 2.02(A)(iii) OF TIlE RESOLUTION. Section 2.02(A)(iii) of the Resolution is hereby amended in its entirety to read as follows: (iii) an all-inclusive cost of not more than Financial Advisor to the Issuer, and per annum as determined by the SECTION 7. AMlgNDMENT TO SECTION 2.03 OF TIlE RESOLUTION. Section 2.03 of thc Resolution is hereby mended in its entirety to read as follows: SECTION 2.03. APPLICATION OF BOND PROCEEDS. The proceeds derived from the sale, if va~y, of the Bonds shall, simultaneously with the delivery of the Bonds to the purchasers thereof, be applied by the Issuer as follows: (A) A sufficient mount ortho Bond proceeds shall be applied to the payment of costs and expenses relating to the issuance of the Bonds within six months of the issuance of the Bonds. (B) Accrued interest shall be set aside to pay interest coming duc on thc Bonds on September 1, 1997. (C) An mount of the Bond proceeds equal to the Reserve Fund Requirement sludl be deposited to the Reserve Fund. (D) A sufficient amount of the Bond proceeds shall be transferred to the Florida Local Government Finance Commission pursuant to thc instructions of thc Commission in order to fully pay the principal of and interest on the Refunded Obligations. (E) The balance of the proceeds of the Bonds, if any, shall be applied to pay interest comirtg due on the Bonds on September 1, 1997. SECTION 8. AMENDMENTS TO TttE FORM OF BONDS. The form of Bonds set forth in Section 2.09 of the Resolution is hereby amended as follows: (A) In the first paragraph of the form of Bonds, the date "March 1, 1997" is replaced with "September I, 1997." AGENDA/IT .o. pg. (B) The fourth paragraph of the form of Bonds, shall be amended in its entirety to read as follows: "This Bond is issued to refund certain promissory notes designated Collier County, Florida Revenue Note, Draw No. A-l-2, Collier County, Florida Revenue Note, Draw No. A-4-1, and Collier County, Florida Revenue Note, Draw No. A-5-1, each issued by the Issuer to the Florida Local Government Finance Commission on April 29, 1994, March 9. 1995 and August 28, 1995, respectively, under the authority of and in fidl compliance with the Constitution and laws ortho State of Florida, particularly Chapter 125, Florida Statutes. and other applicable provisions of law, and a resolution duly aAopted by the Board of County Commissioners ofthe Issuer on December 17, 1996, as amended (the "Resolution"), and is subject to all the terms and conditions of the Resolution." SECTION 9. AMENDMENT TO SEC'lION 4.03 OF TIlE RESOLUTION. Section 4.03 is hereby amended in its entirety to read as follows: [To Come] SECTION 10. GENERAL AUTttORITY. Thc members of the Board of County Commissioners, the Clerk or any designated deputy Clerk, the County Administrator and thc officers, attorneys and other agents or employees of the Issuer are hereby authorized to do all acts and things required offlmm by this amcndatory resolution or the Resolution or desirable or consistent with the rcquizemcnts hereof or the Resolution for the full punctual and complete performance of all thc terms, covenants and agreements contained in thc Bonds or this amendatory resolution, and the adoption of any supplement or amendment to the Resolution necessary or convenient to accomplish any of the foregoing, and each member, employee, attorney and officer of the Issuer or thc Board of County Commissioners, the Clerk or any designated deputy Clerk and the County Administrator are hereby authorized and directed to execute and &liver any and all papers and instruments and to be and cause to be done any and all acts and things necessary or proper for carrying out thc transactions contemplated hereundcr. SECTION 1 I. SEVERABILITY AND INVALID PROVISIONS. If any one or more of the covenants, agreemcnt~ or provisions herein contained shall be held contrary to any express provision of law or contrary to the poLicy of express law, though not expressly prohibited, or again.st public policy, or shall for any re,on whatsoever be held invalid, then such covenants, agreements or provisions shall be null and void and shall be deemed separable from the remaiming covenants, agreements or provisions and shall in no way affect the validity of any of the other provisions hereof or of the Bonds. 4 F :' 2 5 1257 pg. .-~ 02/18/i17 11:58 '~813 281 0129 N G & N TA)IPA -,,, COI.[.IER ATI'ORM-~Y ~O00z SECTION 12. RESOI.UTION TO CONTINUE IN FORCE. Except as Itc'rein expressly provided, the Resolution and all the terms and provisions thereof are and shall remain in full force and effect. Such Resolution may be mended or supplemented by the Issuer in accordance with the terms hereof and thereof and in such manner as it deems appropriate prior to the delivery of the Bonds. SECTION 13. EFFECTIVE DATE. This Resolution shall become effective immediately upon its adoption; provided modifications to the Resolution shall take effect simultaneously with thc issuance of the Bonds. DULY ADOPTED th.is 25th day of February, 1997. (SEAI.) BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FI,ORIDA Chairman ATTEST' Clerk Approved as to Form and Ix:gal Sufficiency: County Attorney F£3 ~.5 ~3;7 " ~,xE, CUTrVE SUMMARY APPOINTMENT OF M3EMBER(S) TO THE PUBLIC VEHICLE ADVISORY COM2~TTEE OBJECTIVE: To appoint 1 member to fulfill the remainder of a vacant term, expiring on September 2, 1997, on the Public Vehicle Advisory Committee. CONSIDERATIONS: Three members must be holders of Certificates to Operate a motor vehicle for hire company in Collier County and two members who are in no way affiliated or associated with the vehicle for hire business. This 5 member committee reviews and approves; applications for a Certificate to Operate, taxicab color schemes pursuant to ordinance, and reviews and make recommendations to the Public Vehicle Board (BCC) regarding issues related to the motor vehicle for hire business and regarding alleged violations of Ordinance 91-93. Terms are 4 years. A list of the current membership is included in the backup. A press release was issued and resumes were received from the following interested citizens: APPLICANT DISTRICT ELECTOR Maurice DeVito 5 yes COMMITTEE RECOMMENDATION: This is a quasi judicial board and, therefore, no recommendation is accepted. FISCAL IMPACT: NONE GROWTH MANAGEMENT IMPACT: NONE RECOMMENDATION: That the Board of County Commissioners consider the recommendation for appointment and appoint I member to fulfill the remainder of the vacant term, and direct the County attorney to prepare a resolution confirming the appointments. Prepared By: Sue Filson Date: February 25, 1997 AGENDA ~EM No. /~ . FEB 2 5 1BB7 Public Vehicle Advisory Committee ~ork Phone Name Itome Phone Tessie P. Ka~enga C¢S~5~'ed' ~.~.~-qla 555 Park Shore Drive, ~412 649-4t65 Naples, FL 34103 District: 4 Appt'd Exp. Date Term DateRe-appt 2ndExpDate 2nd Term 04/18/95 09102/97 2 Years Category: Non-Aff'fliated Anthony P. Tesauro 160 Turtle Lake Court, Bldg 3 Naples, FL 34105 District: 2 Category: Non-Affiliated 262-0040 02/04197 09102/00 4 Years Patr/cia M. Baisley 2725 70th Street, S.W. Naples, FL 34105 District: 2 Category: Affiliated 262-1312 06/08/93 09/02/96 64943468 10/8/96 09/02/00 3 Years 4 Years Bryan L. S. Pease 1373 Wildwood Lakes Blvd. Naples, FL 34104 District: 3 Category: Affiliated 261-5151 06~04~96 09102/96 6~4~96 09102/00 Months 4 Years Scott W. McGaughey 5130 Crayton Place, S. Naples, FL 34103 District: 4 Category: Affiliated 643-7575 02/04192 09102/93 6494965 9/14/93 09102/97 5 Years 4 Years Thomas W. Lugrin 42 Mentor Drive Naples, FL 341 I0 District: 5 598-3300 06/04/96 09/02/96 6/4/96 09/02/00 Months 4 Years Category: Alternate/Affiliated Wednesday, February 05. 1997 Pa'ge I of 2 FEB 2 5 1997 Pg ,~ Public Vehicle Advisory Committee Work Phone A£pt'd Exp. Date Term lYarne Home Phone DateRe-appt 2ndE. xpDate 2nd Term This 5 member and 1 alternate member was created by Ord. No. 86-4, re-established by Ord. 91- 93, amended by Ord. 93-15 and Ord. 95-65 to review and approve applications fora Certificate to Operate, taxicab color schemes pursuant to ordinance, and review and make recommendations to the Public Vehicle Board (BCC) regarding issues related to the motor vehicle for hire business and regarding alleged violations of Ord. 91-93. Membemhip consists of 3 members who must be holders of Certificates to Operate a motor vehicle for hire company in Collier County, and 2 members who are in no way affiliated or associated with any holde¢ of a certificate. Terms are 4 years. Staff: Maria Cruz, Code Enforcement Specialist: 643.8455 1997 P~ge I AGENDA_ IT-EM -"~o ._~ FEB 2 5 1997 Memorandum To: From,' DATE: RE: Sue Filson, Administration Assistant Board of County. Commissioners Maria Cruz, Code Enforcement Speciali,,S~ Code Enforcement Depam'nent / ~ February 10, 1997 Public Vehicle Advisory Committee Candidate I have reviewed Maurice Devito's resume. Mr. Devito qualifies to serve in the Public Vehicle for Hire as a non-at'filiated member. Please advise if further assistance is needed. Thank ?'ou, AGENDA ITEM NO. ~/L~y~i FEB 2 5 1997 MEMORANDUM RECEIVED FEB ~1 1997 ~oard sf q~unty Com,miS~i¢~ DATE: TO: FROM: February 3, 1997 Vinell Hills, Elections Office Sue Filson, Administrative Assistant)<ff Board of County Commissioners KE: Voter Registration - Advisory Board Appointments The Board of County Commissioners will soon consider the following individuals for appointment to one of the county's advisory committees. Please let me know if those listed below are registered voters in Collier County. Also, please list the commission district in which each applicant resides. Maurice DeVito 64 Chardon Place Naples, FL 34110 Thank you for your help. AGENDA I~EM NO. _~__~~ FEB 2 5 1997 Pg. DATE: TO: FROM: February. 3, 1997 ?vim-ia Cruz, Code Enforcement Departmen~c, / Sue Filson, Administrative Assistant, x.///. Board of County Commissioners )q-,/- Public Vehicle Advisory Committee As you 'know, we currently have 1 vacancy on the above-referenced advisory coramirtee. A press release was issued requesting citizens interested in serving on this committee to submit a resume for consideration. I have attached the resumes received for your review as follows: Maurice DeVito 64 Chardon Place Naples, FL 34110 This is a quasi judicial committee and, therefore, recommendations are not accepted. Please let me know, in '.,miring, if the applicant is qualified to serve as a member of this committee, and I will prepare an executive summary for the Board's consideration. Please categorize the applicants in areas of expertise. If you have any questions, please call me at 774-8097. Thank you for ,,,'our attention to this matter. SF Attachments NAG.ENDAo _4/~ITEM FEB 2 5 1997 Pg. Maurice DeVito 64 Chardon Place, Naples, Florida 34110 Telephone: 941-594-1049 Resume Educational Backqround 1956 Graduated 1969 -1970 Graduated Manhatten Avaition High School New Y~rk City Police Academy 1973-1974 John Jay College of Criminal Justice 1974-1976 Courses taken: New York INstitute of Technology Police Administration, Patrol Functions Basic Legal Concepts and Admin. of Justice N.Y.C.P.D. Substance Abuse detection, Integrity Control Officers Training -Internal Affairs Division. Job Exoeriences September 1987 to January 1992 Retired Executive Officer-Integrity Control Identification Section N.Y.C.P.D. Responsible for 230 civilian and 35 uniform members of the New York Police Dept. We handled all security records and inform- ation within this section. Including the confidentiality of all undercover officers, all criminal history information. Orders of protection,youth criminal records sealed documents,wanted files, records of all NYC licensee and DOA files, We conducted and investigated reports of security viola- tions . Developed integrity control programs. Audit and inspect time and payroll records. This assignment is a personal approved one by the Police Commissioner. During special operations, I was re-assigned to the Command and Control Centre as a co=ordina for Support Services Bureau ~G~lDA No. FEB 2 5 1997 P ge ~'~f_-Z 7 Page 2 of 2 Job Experiences February 1987 to September 1987 Promotion to Sergeant=in March 1987 assigned as Patrol Sergeant 45th Precinct Bronx,N.Y. Responsible for the peace and safety of civilians and officers with in the precinct. Patrol with and instruc~ members on police procedures and guidelines Gave training courses as needed. Attended community meetings inter-acting with loc~} civilian groups adjudicating problems as they arose. Publications: Developed and arranged Crime Analysis book and job function for the N.Y.C.P.D. Crime Analysis Section. Developed and designed Demographic Des- cription of a precinct to be used at the Mayors Town Hall Meetings (Now in use by all commanders in the department (72) precincts. Developed and help design computerized orders of protection for the N.Y.C.P.D. Character References - Upon request Job References -Upon Request Hobbies - Fishing, Boating, hunting and Horticuture. AGE ND A""I T E~I .o. ,/O FEB 2 5 1997 Pg. K'~ EXECUTIVE SUMMARY PRESENTATION OF EPTAB'S REPORT TO THE BCC ON "INVASIVE EXOTIC PLANTS IN COLLIER COUNTY" OBJECTIVE: For the BCC to receive and review EBTAB's report on "Invasive Exotic Plants in Collier County" and provide direction to staff regarding recommendations and implementation policies. DESCRIPTION: The Environmental Policy Technical Advisory Board (EPTAB) has produced a report investigating the problems associated with invasive exotic plants (Attached). EPTAB recommendations from the report are summarized as follows: 1. Educate the public, government and landscape/nursery industry on recognition, eradication methods, assistance sources and legal requirements. 2. Adopt a comprehensive Exotics Ordinance to target nonconstruction problems xvhich Code Enforcement staff must pursue. 3. Improve enforcement of pertinent ordinances through both compliance incentives/flexibility and through increased enforcement field support (volunteer and staff). 4. Actively pursue funding/assistance for control efforts through a) cooperation/sharing of resources with other agencies and organizations; b) application for public and private grants; c) cultivation of volunteer help where applicable (labor is the single biggest eradication expense). 5. Assure exotics removal on County properties. 6. Support research by other entities on better control methods (lobby for a full biological control quarantine facility in South Florida, perhaps connected to FGCU, and federal funding for USDA Australian research station). FISCAL IMPACT: There is no fiscal impact for the BCC to reviexv EPTAB's presentation of the report. There will be future fiscal impacts if the BCC directs staff to implement any of EPTAB's recommendations. These impacts will be evaluated after further study and direction. Major program initiatives requiring additional funding can be brought to the BCC as part of the FY98 budget process. GROWTH MANAGEMENT IMPACT: Pursuant to Policy I.I.1 of the Conservation and Coastal Management Element, EPTAB functions as the BCC's technical advisory committee for the development of the County's comprehensive environmental management program. RECOMMENDATION: That the BCC review EPTAB's report and provide direction to staffregarding any of the department's recommendations they wish to implement. / , Chairman Environmental Policy Technical Advisory Board REVIEWED BYi -(J'i .../:,~L,L,3 Date: ..~ / c. :, ? ~incent A. Cautero ( \"~ Community Developm6nt & Environmental Sen, ices Administrator AGENDA [Ir.M, FEB '2. $ lejc37 INWASIVE EXOTIC PLANTS IN COLLIER COUNTY EPTAB Exotic Plant Subcommittee Report January, 1997 Exotic Plant Subcommittee: Chuck Ray, Chairman Bradley Cornell Nancy Pa.vlo n StaffLiaison: Kimberly Polen FEB 2, 5 1997 Pl. ~ AG£ND&ITEM ,~ ACtCNOWLEDG3[EN'TS The Environ. mental Policy Technkal Advisory Bo~d wishes to especially recognize the tremendous re,arch and field assistance given this boa. rd by K.imberly Polen, formerly with the Natural Resources Department, and now Environmental Compliance Investigator for Collier County Code Enforcement. EPTAB also gratefully acknowledges the con~'ibutions, ad'ice and assistance offered by the following people in the execution of th~$ repgrt: Wayne Arnold Barbara Bergeson Ted Center Joe Delate John DiManino Marco Espinar Clyde Fugate Mike Kirby Bruce McNall Sl'firley Ray Nancy S/emian Linch Sullivan AG E N ~k. tT~.,M ~ NO. ~ FEB 5 1997 SU'MAL~RY: Collier County, like all of South Florida., has not been spared a serious infesu:ior, of involve exotic plants. These plants, which include predominantly species such as Mehleu~ Braz/lia,n Pepper, Australian Pine, Water Hyacinth, and Hydrilla (and over 100 others to varying lesser degrees), responsible for very significant health, safety, economic and enviror~menul problems tb'ou~,~,om the county. The),' are spreading rapidly and thus there is s'lzong impetus to more a.~essively address exotic~ control issues nos,,' to minimize greater future expenses and problems for all. Melaleuca and Brazilian Pepper are major sources ot'year-round allerg:ns to much of our citizenry, resulting in much higher health care costs ;md serious health problems for some people. Me]aleuca pose a very serious fire hazard to both structures and hat.al areas due lo the high volatility of/ts oily leaves. Navigation, flood control, and recreation are com~omised by/nvasive exotics chob'ng the water and banks of canals, rivers and lakes. Real estate values sutTer greatly ',,,'hen exotics are present in large quantities, and buyers and sellers murami]iar v, ith the species are especially v'ulnerable. And ever), one o our very unique natural areas is increa, s[ngly impacted by the spread of these noxious plants zs native flora and fauna habitat dimin[shes in quantity and q~lity, which also impacts tourism and other nature- based recreation. Collier Count), has recogr~zed, since 197.5, t.hJs growbg problem through a progression ofordbances an policies v,'k/ch anempt to curb the spread of these pl~ts, most no~bly the LDC and the Litter, Weeds, and Exotics Ordinance. Site inspections by both staff'and EPTAB show erff'orcement has been good for new projects except some County properties, but poor for post-construction moniloring. There is poor awareness, generally, of what the worst species look like, how to get r~d of them, and wMt expense is involved. There also is a lack ora specific, comprehensive, and effic[ent Exoffcs Conh'ol Ch'dir..znce. The EPTAJB recommendations are summarLzed below (.please also see attached Appendix E a Cost ?n'o~tiz~ion of'Specific Recommencbtions): 1. Educate the public, gove,,.m_ment, and landscape/nursery indus-~, on recognition, eradication methods, ass/s~nce sources, and legal requirements. 2. Adopt a comprehensive Exotics Owdinanc.¢ to tazget non-construction problems whkh Code Compliance staffmust pursue. 3. Improve enforcement ofpeninent ordinances thzough both compliance and thzough increased emrorcement field support (volunteer and s~tT), incentives/flexibilh-y, 4. Actively pursue funding~assistance for control efTorts thzou~ a) coo~ration/sharino resources v, ith other agencies and or~m'z,fzations: b)application for public and p~r~'ate grants: 'c; of cultivation of volunteer help where a~p]icab]e (labor is the single biggest eradication expense). 5. Assure exotics removed on County proper~es. 6. Support research by other entit'fes on better con~'ol methods. CLobby for a full biological control quarantine facility in South !qorida, perhaps cormected to FGCU, and federal funding for USDA Austral/an research station.) Mzmy of the spec[tic recommenc:btion_s found in the report have min./real budget impacts, and others which do, such as the education initiative, are good candidates for cooperation v, ith other involved entities, or g-rant funding. The report emphasizes building community support for invasive exotics control policies th. rough educat[on/aitiat[ves. FEB 2 5 1997 AG ~'N D.A Jt£~ L IntrMuctioa: O~'erview ors Problem "The uncontrolled spreading of exotic plan~ is one of the most serious ecological problems facing southwest Florida today. ' That is the concensus of many of Florida's prominent biologists from government, academia and industry. This paper was developed in response to an ecological problem of unpa. ralleled significance and danger to the natural ecology of south Florida, and in particular Collier County. Exotic plants are changing the faze of.south Florida. If left tmcbecked, Florida's multi-billioo dollar tourism industO' w/ll suffer increasingly significant erosion, and individual Collier Countians stand to lose out in many ways. Exotics have displaced highly valued mangrove trees along miles of shoreline. They have altered thousan~ of acres of habitat including that of the Florida panther, black bear and other threatened and endangered species. They cause human suffering by inducing allergic reactions, especially to melaleuca pollen v&ich is present in large quant/ties throughout the year, and severe skin r-a~hes from Braz/lian pepper. Melaleuca poses a great fire hazard., pa~cularly in areas which have been overdrained (wkich is much of Collier County), due to the extraordinary volatility of its oil)' leaves. I. nvasive exotics now cost our citizens millions of dolla.rs every 5'ear in allergy.related health expenses, depressed real estate values, and eradication costs, in addition to the impacts on tour'ism. The problem becomes more critical every day. It has been calculated that melaleuca (Melaleuca quit'~Tuener','ia) trees invade another 50 acres every day (Plunket't, 1994). Others suggest far greater amounts. It is imperative that Collier Count>' and its citizens participate in the consol of iNs menace. The Goverr, or's Commission for a Sustainable South Florida Initial Report provides excellent background on the ex'tent and ser'/ous nature of this species' invasion (Governor's Commission, 1995, pp. 78-82). The predorn..in~t source for all these nox.ious weeds is the c, ommercial importation of'exotic plants (Center, 1995). \Ye in Collier Count>' must address both this source and the all too numerous resultant symptoms of pre,.'ious failures to screen out invasive plants. The Urdversig' of Florida Cooperative Ex'tension Service has proposed that "it is the respor',.sibilit)' of those who are aware of the problems caused by noxious exotic plants to educate other's as to their identity and control to prevent further ecological damage to native ecosystems" (IFAS circular 868). The Environmental Policy Technical AdvSsory Board (EPTAB) concurs with that position and accepts the inherent requirement "to do something about it". Consistent with that responsibili~', EPTAB undertook this project '~o determine the extent of the problem in Collier CounD', to evalunte the mechau/sms available to limit or control exotics, and to consider measures that ru/ght enhance County effectiveness in dealing with this problem. II. The Plants Exotic plants are species that were introduced accidentally or deh'berately from ^usu'alia, South America and other continents, and are prolife?ating in Florida at the expense of native species. A very important source of exotics is the volume of imported plants for commercial uses - over 456 million in 1993 alone (80% th.rough Port ofMimmi) (Cenfer, 1995). The Exotic Pest Plant Council's current most invasive exotic plants includes 116 species as testament to the inadequacy ofthe screening process. .FEB P., 5 1997 Melaleuea iMelaleuca qulnquener~qa) in particular has altered vast areas of the Everglades by replacing native tree islands, sawgrass marshes and other habitats. The ma.n.u'e trees typically form impassable jungles of light blocking stands which virtu, ally eliminate other plant species. The stands have limited wildlife value and reduce species diversity by as much as 60-$0*/0 (Center, 1995). They are known to impact a nutnber of endangered or threatened species including Florida panther, wood ~ork, Big Cypress fox squirrel and others. The loss of more th.an 28 square miles ofhabitat per year is one ofgreat significance to v,41dlife. Melaleuca has been most critical to control where individual trees or otrtliers exist (not the monoculrutes) ~ch is the initial entry into an ecosystem. Th. is is where the species spreads the fastest CMel. Mgm*.. Plan, 1994). Less thoroughly documented are the impacts of other exotics, especially BraziLian pepper (Sha'nazs terebinthifolius). Th. is plant is in the same family as poison oak and poison ivy. It has brilliant red berries and sometimes is referred to as Christmas holly. The colorful berries may have been respons~ie for its importation as a decorative plant specimen. In the Florida environment such imports are free of predators, nat'u, ral enemies.and other constraints, so are free to flourish and om.compete native plant communities. Brazilian pepper has altered the appearance of Collier county by dominating often eliminating native species on public rights of way, agricultural lands, undeveloped areas and older subdivisions. Infestations appear to commence along roads and other rights of v,'ay at field margins and in other areas where native pla.at communities have been disturbed by earth mo,,ing. From that foothold, the)' spread to the interiors ofunused lands. Australian pines (Casuarina spp.) grow quickly to perhaps 50 feet in ten )'ears, and 100 feet by the age of 20. A steady rain of seed from the original colonizer creates a carpet of seedlings under the canopy. The sprouting plants are just about the only ones able to su.rvive in the darkened and chemically altered en',,'/roru'nent. A great example of th.is takeover is what should be one ofthe Naples area's en','ironmental shov,'places, Keyv,'aydin island. From a boat on the Intercoastal Waterway bet'v,'een Naples and Marco Island you v, ill see no a shov,' place anchored by mangroves, one of out most important native plants, but i~tead miles of shorelbae where mangroves have been crowded out by Australian pines. Some other less well-k.nowrz, but potentially harmful invasive species are earleaf acacia (Acacia auriculiforrais), lather leaf (Colubrlna asiatfca), air potato (Dioscorea bulbifera), woman's tongue (Albfzia lebbeck), climbing fern (Lygodium trdcro£hyllum), dow'ny rosemyrtle (Rhodoznyrtus tomentosus), java plum (Sy~ygium cutrdni), and catclaw mimosa (Mirnosa £igra). The)' are lesser known only to a complacent population; to even the amateur ecolozist they are s'ymbols ora scourge, and all of them are now prol-u'bited species here in Collier Count)'. Yet-many of these exotics are seen as valued specimens in yards of all out sub-divisions. Aquatic species, including water hyacinth (Eichhornia crasst$~rs) and hydrilla (Hyddlla verffcillata) cause great damage to navigation and drainage as well as reduce biodiversity and oxygen levels in water. Appendix A lists the most serious ofinvasive species. The present county list of prohibited species should be expanded to include several other recently inu'oduced plants jus't becoming recognized as potentially serious problems. Asparagus fern (A.rparagus densij'torus), the pervasive groundcover wedelia ( Wedelia th'lobata), carrotwood ( Cupardopsis anacardioicles), and laurel fig ( Ficus rrdcrocarpa) are just a few examples. AG£Np.A .FEB 2, 5 1997 III. Economic, Health and Safety ImpacB The financial cost of exotic plants is almost beyond measuring, and every citizen pays pan of'the cost. Current County budgets include !;80,000 for exotic removal and control in clam Bay alone. Count)' Storrnwater Management Department is responsible for 1278 miles of',vaterways. They have budgeted S$49,400 for removal of exotics because th¢ plants are partly the cause ofw{despread flooding and degraded water quality. 'l'i::.. In addition, Collier Count)' enjoys grea~e.condfl/[c benefits from ~he eco-tourism industry ('birdwatching. fish/ng, canoeing, tours, hunting, kiking~.etc.,}...Accordingly, exotics'..environmental degradation will severely impact our local economy's he~l!.b., ',~.not controlled. , Exotics add to the cost of nearly every new d,,vellbg here. Each building permit requires that all prohSbited exotic plants be removed from the site prior to the County issuing a Certificate of Occupancy. In the c.~e of'large plots seriously in.f'ettid~ith large melaleuca oz:Auctralian pine stands, the cost can run to many thousands ofdollars. For the builder ora modest horn's; jn Golden Gate Estates, the co~ of cleating is a major consideration. It is imporm.nt in the selection o[,a homesite, and may prevent man)' ov, mers from building. ' ' ' . '~' i '17 Aiso, melaleuca groves are a fire h~zard. The leaves contain an oily substance wNch bums fiercely once ignSted, and can easily spread to the stmi~es which they stM'ro~d~. Several of the plants cormitute health b..a?.ard~.. Melaleuca is widely recogrdzed as a human respiratoq,' irt/rant. Bra2. ilian pepper is closely related to poison ivy and has the game effects on many people. Both ca~e asthma and create other allerD'-related health problems. All of us pa)' these costs directly throu~ medical bills or indirectly tN'ou&h ki~er irtsu:ance rates or subsidized care. Besides CounD' expenditures, the US Dipa.rvm. ents of Interior and AgrSculmre, Florida State Pm'ks & Recreation, Forest' and the South Flo "dgb Water Managemen.t Dis[n,'ct and other entities annu. ally spend huge sums on exotics control. The State currently spends more than S2.2 million on melaleuca control alone, and the South Florida Water Management District spent $1.4 million on melaleuca control in their Water conservation Area 3. It is estimated that Federal, State and local agencies spent nearly $10 million dollars on melaleuca control over the past ten )'ears. The costs of removal and/or prevention of complete in.festation of the Everglades and South.'[lorida wetlands was estir~_ed at $168.6 million dollars per )'ear (Mel. Mgmt. Plan). An excellent sun'u'a~' of existing and potential co~ of exotic plant infestations is provided by the Economic Impact Stat¢~t:nt submitted ',,,'hen melaJfiuca v,"~ added to the Florida Prokibhed Aquatic Plant List (I)iamon~, Davis and Scl'u'nitz)." " IV. On Paper: Regulations, Codes and Re,,iev,'s Used in Collier County Overview of Collier County Exotic Plant Regulations: More than 25 years ago Collier County officials recognized that several introduced plants were becoming a serious tN'eat to native habitats. The first official salvo in the war against invasive exotics occurred in June, 1975 (ORD #75-21) when tile County passed an ordinance eliminating ',hi permit fees for the removal of'Australian pine, melaleuca, and Brazilian pepper. Soon after, ORE) #79-73 actually prohibited Brazilian pepper and melaleuca and required their removal during initial development phase clearing. AG£ND.~ JT~.~M . FEB g 5 1997 In 1982 s[gn{ficant ordinances were enacted to con~'ol the spread of'noxious exotic plants. Ausu'alian pine, rnelaleuca, Brazilian pepper, paper mulberry, earleaJ'acac[a, md chinaberzy a'ee could not be used Io meet landscape requirements (ORD #82-2). Brazil[an pepper sad melaleuca (OR.D #82-3?) were required to be cleared from the property alu.Hag the development phase, just as in OP,.D #79-73 (the ea~]ie vets{on of the same ordinance). The requ{rements were v,'el]-intendec[, but fa{led to consider l'einvas[on of the prol:<rty. In 1989 amendments were passed mandating that maJ. ntenance programs including control techJ'dques be developed, approved by the county, a~d implemented th. rough the Planned Urdt Development ('PUD) section (OR.D #89-49) and the ${te Development Plan (SDP) section (OR.D #89-43) Despite the above efforts, riotous exotics continued their invas{on of Collier County's native habiuts. Amendments in 1991 (Land Development Code, ORD #91-102) auempted to limit the impact that nox~o~ exotics growing on unimprov~ la.nd, common =cas, fights-of, way, md easements could have improved or developed property (required by ordinance to be nordous exotic.free). Also r~og:n, iz~ng the impoma-~cc of native species, the 1991 amendments protected native vegetation during the removal of eXOtiCS. , In 1996, amendments adopted., and be[ag considered (see the revised Litter, Weeds and Exotics Ordinance) may strengthen the ordinances pemin3ng to exotics on ri~ts.-of'-v.'ays and all easements on improved proper-5, within subdiv/sions ~ well as un~mproved prol:x:m'es abutting improved prope~es. Also the list of proh. ibited exotics has been expanded., in addition to Aus~lian pine, melaleuca, Braz~Uan pepper, earleaf acacia, catclaw mimosa, .1'ava plum, and downy rosem)Ttle, to nOW include women's tongue, lather leaf, air potato, and cf[mb{ag fern. Ururortunately, because of large exemption, economic difTiculties related to mandatory eradication, and Jne~cient treatment of exotics, the Litter, Weeds a. nd Exotics Ordinance is still not a good comprehensive exotics regulatory too]. For a complete kistory of Co]lief County's exotic plant regulations, plea..~ see Ihe chart in Appendix B. Development review process outlined: As detailed by N~ke Kirby, former Environmental Compliance Investiga:or for Collier CounS"s Code Enforcemen'. section, and Clyde Fugate and John DLMa.~4no in Engineering Inspections, a series of inspections by engineering and code enforcement representatives is used to ensure exotics removal on developed propem.', both public and private. In all cases, developed properties are to be maintained exotics-free in perpetuity. For new subdiv/sions, all prokibited exotics are required to be removed before acceptance is given. A bond is posted and accepted by Collier Count)' and engineering inspections are done for all subdd,,'ision improvements. Exotics must be removed in all righ~.-of'.way, preserves, common areas, and water management areas. Impections occur/'or preliminary approval and agaLu For f'tnal acceptance, and then periodic follow-up inspections until the plan.ned tm.it development (PUD) phase is built out. Annual PUD monitoring reports are filed v,'Mch should reflect the ftnd. ings of the follow, up inspections-exotics are nov.' part of the mortitoring. Once final acceptance has been gSven, an exotics management plan must be filed v,,'ith the County and responsibility is transfer'red from the developer to the subdivision homeo',vners' association. For site development plan projects, within the above subdivisions, an exotics removal inspection is required before any certificates of occupancy are issued. No. ~ FEB 2 5 1997 ~, there is an exotics removal inspection line right on t~e engineering inspection ticket (which there is not on larger projects' tickets), No certificate or'occupancy is issued until inspection verifie~ exotics removal compliance. Code corn l~ance o rations: Once a project h~ I~en accepted or m cerfiiicat¢ ofoccupancy issued, individual prop~n'7 ov,'ners become responsible for maintaining theEr lots exotics-f~ee. 'iI~e Cocle Enforcement staR'ensure compliance t~oush violations noted on monitor(ns reports, re.nd on citizen complaints called in. Routine, proD'aromatic inspections are to be done oFall accepted projects. When ~iolatEons occur on subdivis(ons, one year is Wen for remov(ns the exotics. Other exotics violations ar.re pursued d'u'ough the letter notification process. If no results, then t~e Cotmty places a lien on the property and removes the vegetation. At this time, most liens are not foreclosed on, and when collection do~s occur the money is d~rected to the County's seneral fu.~ds rather than code en. Forcement opera6o~. All "estates" zoned areas are currently exempt fi.om unknproved property exotics removal reqtdrements, such ~ when a ne(ghboring urflmproved lot is i~ested next to improved property. V, In Practice: EPTA.B/StaffI. nspecfions With ad,,ice a.nd assistance h:,' Nar'ua'al Resource Department scientist~, EPTAB selected a number of residential, commercial and public'projects for evaluation. Removal of exotics appe~s to be complete in the majofis' of these projects at the t[me of completion. Unfor~u.nately, follow-up often is lacking. Exotics resprout soon after eradication and continue to flourish. Also, during the la.st seven yea. rs there have been many citizen inquiries regarding prohibited exotic plant maintenance and control, but there have not been any routinely scheduled re-inspections after project completions. For a complete account of both public a.nd private projects inspected., please refer to Appendices C and D, respectively. Publ___~ic Aseas.__L East Naples Commurtity Park, Veterar~ Commu.n.ity Park and Barefoot Beach Park all have serious infestations of exotics; some road and canal rights-of-way are also seriously infested, although most rights-of-way are clear. Those less traveled usually are the most seriously impacted. However, the problem has reached advanced stages along several major arterials. Along Va.nderbih Drive, between Bluebil) A;'enue and WJggSns Pass Road, the mangroves, buttonwoods and other sah tolerating b'ees and understor'y have been replaced by Brazilian pepper and Australian pine. Private Areas: Environ. mental specialists wlth the Plaru'u'ng Services Section provided the l~atural Resources staffv, ith environmental assessments of 33 Plan.ned Unit Developments (PUD's). Otfly five or lhe PUD's, v,i-dch were evaluated by staff f:rom May, 1995 through ~faxck, 1996, did not have any prohibited exotic plants present. Procedurally, the Lr~pection documentation process~or larger developments does not adequately track exotics removal and is success~ only because individual staff are very knowledgeable and proficient. County-wide exotics removal and follow-up documentation should be u~ed on all projects and cases. There also are problems in the efficiency oFrecord retrieval for both staffand the public. These issues have recently been brought to the atlention of management staff. GrandFathered, older s:.Jbdivisions pose an erurorcement problem, as do the vast expanses of the Golden Gate £states ~,i~y areas were created pr(or to ordinances prohibiting exotic plants which h~bor a great deal oFexotic plant material, often used for landscaping. ~'ght now there is no mechanism 1o control spreadLng or provide for removal of exotics until such time a.s existing structures are substa~ntially improvecL, or on a complaint basis. Marco Island, Pine Ridge, and Lely are just a few examples of the problem. There should be extra incentive to eradicate melaleuca in the more rural areas ofthe estates FEB 2 ~q~: .ti where these trees pose not only tl'u'eat~ to the s[grtificant native habitaB there, bu! also th,re, aB to the health and ~fety of those residents due to intense fire hazard~ and respiratory and sldn allerlD' problems ~onclusions on Local Re~ Collier County ha~ basically very progressive and potentially effective rules 1o help eradicate pest plants locally. The County should continue to update its list of prol'u'bited species, but should do so in coordination with the Flor/da Exotic Pest Plant Council's List of Florida '$ Most lnvasive Species (EPPC, annually updated). Both the present and newly re,,ised versions of the Litter, Weeds and Exotics Eh'dina.nee are not fully effective vel'Jcles for controlling the exotic plar situation here. A separate ordinance really is needed to target invasive exotics issues specifically. The problem is most acute in area~ like Golden Gate Estates. Exemptions ofcertain area. s fi.om exotic removal requirements, and the lack of education and ~sistance are major difficulties. The unsatisfactory state of ma'intenance on properties which should be exotic$-f~ee, ~ evidenced in the recent EPTAB/Staff inspections, indicates Collier County needs to improve its follow-up i. nspecfion process. Since projects are generally complT~ng at the outset, it seems to fall to Code Compliance to bee up their mor,/toring ,,nd complaint response procedures. At present, all complaints cannot be acted upor and no systematic mordton'ng takes place anywhere. Current statTmg appears to be inadequate for this task, and education and volunteer utilization could offer tremendous help. Because of the great expense of enforcement actions and actual cleating, both public and private local agencies must bener educate and involve the citizenry (including themselves) in control efforu. " Volunteer programs involv/ng counD..,,vide code-compliance monitoring, removal assistance (technical advice and help, labor, possible financial), and obtairdng grant money directed toward these goals should be pursued. While regulatory requirements are neces~ry, the disproportionately great expense required of single family home owners demands that flexJb[lity plus more incentives and assistance be utilized in eradicating a difficult problem in Collier Count)', VL Management Strategies in Collier Count)' This is ",,,,'here the rubber meets the road". A summa.O, ofcontrol methods currently in use in Collier Count)' will lead to some pol/cy recomsnendations in this area. Also, considerable attention has been pal to economic utilization of some of these specfes, especially melaleuca, to help provide incentive to harvest and thereby control their spread. An unfortunately short list of practical options will be noted below. Controls Available: Exotic plants are currently controlled or managed in one or more ofthe following ways: 1) biological control, 2) mechardcal control, 3) physical control, or 4) herbicidal control OVid. Mgmt. Pla. n). Bit~logicol control involves the use of natural enemies ofthe targeted species, including insects, pathogens and other host-specific herbivorous organisms. Without b[o-con~ols, it is difficult to see how well-established spec/es like melaleuca and Brazil/an pepper could ever be subdued. There are too many acres ofthem. For example, Ted Center of the US Department ofAgriculture ('USDA) research center in Irt. 1.2udercble reports that an insect will be released before 1997 which devours new growths on melaleuca. Th/s insect comes f.,3m Australia and is the result of research efforts at the USDA's laboratory there. Because it only eats new shoo~, it will not kill host trees, but it will slow the spread of more plants because the flowers are consumed. Bio-control is still very much in the de ~ for Flor/da's most troublesome spec[es, but it is probably tl ~r FE? 2 5 1997 ; ernpha.siz, ed that every effort b¢ made to cn.s~re ~.ay bio-con~zol a.gent does not produce ~nother exotics inv~ion problem. In spite of that risk, there is a critical need for better rese,~ch facilities, in particuI~ for quarantine operations, and for dedicated funding of USDA's Au.vtralian research station. A4¢ct~ni~l comrols are those which "harvest" the plant by hand tools or machinery. This method can be very effective when used with a! least one other control - especially herbicidal follow-up. Except where commercial scale harvesting is involved, this method is limited in effectiveness to small, emergent L,'ea.s of infestation. Physicel controls refer to manipulating environmental conditions such ~s water levels and fire to s'tress · plant until it either dies or is v~Inerable to other treatment. This is nowbeing used extensively in the Big Cypress National Preserve with success. Fire is introduced at the proper time of year ·fief either mechanical or herbicidal treatment induces a seed relea, se, thus killing both mature ~d seedling melaleucas. TNs method has limited application because of the need for large re'cas, ~nd proper timing of flooding or fire is ye0' difficult. Herbici,-~al control indicates the use ofcherNcals manufactured to kill the plant through a variety of treatment regimens and application methods. Research has provided a great deal of information on the best methods to apply herbicides to various target weeds. Care must be taken during application to avoid impacting the native vegetation adjacent to treatment areas. With these data and field experience, it should be easier to plan the best management practices for all pest control situations. Herbicides are beg used before a species is rampantly out of control. Because its greatest invasive threat comes from widely distributed sporadic outliers and not dense monocultu.res, labor intensive single tree treatment with herbicides is the preferred control ofmelaleuea ,,,.'here it is found as individual outliers because it does not affect native vegetation nearby and is very effective on ~rget plants. Brazilian pepper is best managed by foliar treatments, or mechanical removal followed by herbicide treatment Australian pine is most effectively con=oiled by single tree girdling and painting with herbicide. Aquatic exotics are currently controlled mostly with herbicidal applications. All treatment operations require vigilant follow-up to ensure long ten:n effectiveness. In all ca..~s, the greatest expense involved in controlling exotics is the labor con TNs is why ultimately some form of broad asea., perpetual treatment v,511 be required for control of well-rooted species like melaleuca and Brazilian pepper. That treatment is biological con=ol. Utilization and Exploitation Over the years, very serious attempts have been made to d/scorer economic uses for some of these weeds, in particular melaleuca. While many uses have been identified., only a couple are feasible. Melaleuca is no',,,' being successfully marketed as a landscape mulch, with one company in Ft. Myers doing about :t;6 million of b '~iness each )'ear selling this product nationally. As with an)' mulch, a seed kill must be effected, to avoid exacerbating the spread of viable seeds, b), maintaining a high temperature ,,,,',bile composting There is also a strong potential use for melaIeuca as a fuel for pov,'er generation. The hardwood core ofmelaleuca is suitable for tomato stakes and could be used for shipping pallets. Unfortunately, Florida's Melaleuca quinquenervia is not an ac.ceptable source of medicinal teatree oil, which comes from M. alternafolia. Brazilian pepper is only useful a.s a muIch. 9 .FEB g 5 1991 .,._/0-,% Local Aquatic Weed Control Efforts Bruce McNall, of the County Stormwatcr Management IX:pt, is systematically spraying herbicides Nd cutting back all grow'th along all canals ',,,'h/ch arc in the county's maintcnan~ respons~ility (al)om 278 miles). This targets both terrestrial species a.s well as aquatic, includ/ng Bra. z/l/an pepper, downy rosemyrtle, Australian pine, melaleuca, water hyacinth., hydrilla., and lorpo:lo grins. The program has been motivated chiefly by the nee. zl for unimpeded flood control fui'~tion, s ofthese canals, ~nd the res'xdts thus far apl,ear positive. One note of caution is that herbicidal control ofaquaffc weeds in om' canals, where the exotics problem is the worn, can cause trouble if the volume ofpl~t material is so gnat that their death creates · large fish k/Il. Appropr/ate use ofmechan/cal harvesting and adjusting the frequency ofspraying can mlnlrni~,e this h:~zard. An interesting recent development is the use ora t)]x of carp b)' the South Florida Water Management District to help control invasive aquat/cs. Flaaagement Summary There is hope of developing berter control methods such as biological controls in the near future, and Collier County should support th. is research in every way possible. Also, tests are continuing on the use of broadcast foliar herbicidal treatments wh/ch will be environmentally benign and more economical. Success requires techrdcal and economical £eas~ility, as well as health, safety and ecological assurances. In the meantime, bartles must be chosen appropr/ately w/th the short-term tools/:urrently at hand- herbicidal, mechardcal and physical methods. Continuous coordination and dialogue amongst all agencies and mt/ties resports~le for exotic wee..d control is a critical factor in both the development and implementation ofthe best comprehensive control strategies. Ti'ds includes the effective disseminar/on ofth/s intor~:~tion, along w/th providing all the economic incentives possible, to indiv/dual homeowners and businesses out there doing it themselves. Management is ach/eyed through both prevention and cure. Thus we mm not only control spec]es alr~dy escaped from cultivation, but recognize the dangers from all potentially invasive exotics. H/story and the present condition of the natural landscape prove th. is has not been done ,,,,'ell in the past. VIZ CONCLUSION A~'D RECO~LENDATIONS Collier County h~ not been spared the onslaught ora literal army of'inwa, sive exotic plants quickly spreading throughout the entire state of Florida. These plants, rnos~ notably including melaleuca, Brazilian pepper and Australian pine (although the list goes on to a minimum of 116 Species), threaten the health, safer3' and economic well-being of our citizens, and ate exacting a humbling toll on every one of our un/que natural ecosystems. The County has many ofthe basic tools it needs to combat these intruders, but it lacks much ofthe awareness and public education requ./red for a mdy cooperative effort flora all of its citizen. ~ N i T! such cooperation and knowledge are requirements for mounting any cred/ble campaign to c ,ntr,,ol ~rj pervasive problem. Complacency will only result in further degradation and expe~e in the IongXl"un. ~ While the bulk of the acre. age is being addressed bylOState and f¢ .le~,,', ~No.~ifi:' ' t is st He~~. .FEB 5 1 @7 - P~.., /.~ - task left to the local level. Recogr~ng the dispersal threat posed by small colonies of outlier invasiv, plants, and the.health and safety hazards of large stands of exotics brings urgency to our efforts to con exotics cvcr)'whcrc we have jurisdiction. Follow~ng are the details of EPTAB's recommendations on combating invasive exotic plants in Collie County. Please also see a grouping of these s~-'ne recommendations by relative general budget impact Appendix E. - 1. Coordination should occur with all entities working on this problem: USDA, SFWMD, Lee County, Dade County, restoration efforts for the Everglades, the Cooperative Extension Service and the Univ.. FlorfcLVIF~, the National Park Service and all South Florida urdts - especially the Big CS'press Natic Preserve and Everglades Nation. al Pa~k, USACOE, environmental organizations and other private enti and the Exotic Pest Plant Cou.ucil (Collier County should become a member of this non-profit group). 2...Assis~ any research efforts tkrough either direct contributions of comnty slaffflme a4nd/or money, th.rough political lobbying on behalf of other entities working on the issue. In particular, the USDA's rese.,trch station in Australia currently needs dedicated funding of approxdmately $250,000/year. Also, there is a strong need for a large quara, ntfne facility here in South Florida to make bfo-eong'o! research poss~]e. ~]e Congress has approved the concept ofsuch a facility, they did not fund it. The government, private organJzafion, s and citizens of Collier County should lobby for the appropriation these funds (total of approx. LmateIy S4 mill/on for an already designed facility). It may be ','er)' prudent link such a facility with the new Florida Gulf Coast Urdversity and th/s possibility should be explored. 3. _~prove local enforcement of ali regulations aimed at controlling exotics here in Collier County. 'I includes the a. Collec! on £orecIosed ]iened properties on weed violations and put that money in the code enforcement budget, not the general budget. b. lmpro','e the inspection system so that there are better u. nJ£orm records of en~neerln~ inspections for exotics. (This has recently been brouv.ht to serdor management's arlene'[on a.nd ~s being pursued). c. Public inspection records need to be better orgar~zed and accessible to all, including the and all starf. (This, also, has recently been brought to senior management's auention ~d is l[ke~,ise be pursued). d. Clarify and ensure that exotics management plans get incorporated into homeo:v~¢rs' ~sociafions charters when they ~sum¢ public area responsibilities from the developer. ¢. Improve follow-up in.sp~ction process for code crd'orcement, utilizing both volunteers ~d sm a.s n¢cessaJ~'. f. Engage more code enYorcement personnel and volunteers to allow for monitoring the entire county systematically, not or~y on a complaint basis. 4. Public educaiion (s essential. We must show our population how to recognize exotics, and make th( awa.re of the dangers and expense they can cause, a.s well as how best to get rid ofthem EPTAB SUpl:X mounting a campaign to farnilf.,rize a)l with ordinances, eradication methods and options, sources for a.ss[st2mce, (dentification, etc. The specifics of our education recommendations follow: a. Real estate value "exotics impact disclosure" should be {.nc]uded in all real estate transaction. b. A clear exotics information brochure, v,-(th line d. ra~,'~ngs of the prohJbiled species Ln the County, shou)d be developed an'd mailed to all and made 'v,,'idely availab)e. Also II AGE T M No. ~ .FEB 5 1997 P~. ~ :® ordinances, eradication methods ava{fable, and sources for assistance. Coordination ~ith the Exotic P( Plant Council CEPPC) and.'or other entities would be most efficient. c. Training sessions should ix conducted for, and required of, all commercial nursery and landscaping operations in Collier County. These ouT! 1o be coordi~ted with other a~enc¥ staffs. Tb focus should be on rcduc{n8 or e][minating [nvasive exotics usage (the EPPC categor)Tl list) as well ~ culti','ating another information source for the public. d. All homeowners' associations and/or homeowners who are assuming PUD pMse managemei responsibilities (upon the County's final acceptance of the deveJoper's executed duties) should Ix give'. orientation sess[ons on the spec[tics of those respons~il[t{es, [nclud/ng maintenance of exotic-See pub' areas aM conservation areas. Th~s should ix done just before the actual final accep~'~ce {s given Io th, developer {n order to otTer the homeowners an {nformed {aspect{on opportunity. e. Establish an Exotics Control Hotline phone number to ca]] to help al] businesses and resident w/th any aspect of'the issue. This shou]d be a joint project with the Cooperativ~ E~em[on Service and the E'PP C. 5. yolunleer help needed_ Every effort should be made to encourage volunteer help v,i;h a~y reasonabl ~peCl Of exot'[cs control, fl;om count)'.v, ide clearing projects to follow, up mor~toHng assistance (orgaxized "complaint" system ofmor~todng). Naples "Melaleuca D~y" a. nd the Brigg.s Nat,.ire Center 'volunteer eradication programs are exarap]es ofeffective volunteer efforts. Th~s also provides great educational value. 6. Utilization of"harvest" and other incentives; for removal must be encouraged. MeIaleuca in panicuI,' has been demo~trated to be economically feas[ble to harvest for ma. Ung landscape mulch. This reduce the cost of removal and provides incentive as well. Other uses should be pursued as resea"ch makes the available, and economic incentives to eradicate, apart from or in addition to regulator)' requirements, muir be provided for pHs'ate landowners. This is especially important in older develolxd areas Where exotics removal was not in./t/al/y required. a. &cbs/d/zed ti?F. ir.! fees for exotics debris. To help implement th. Js, make it a condition ofthe an)' con,'Tacts subsequently issued or renewed whh both the landfill operator and the mulch'hi contracto b. Tax credits for voluntary clearing and maintenance ofpHvate property. c. Encourage melaleuca mulch (v,'hich is readily available both commercial]), and produced v,'h~'jn a vegetative debris mix at the County's own mulcl~ng operations) on pHs'ate proper5' and on all public projects. d. Consider rc§uiring a pcrcent%oe of exotics'removal anytirr,,e a prope~, cka.n_~e.s hands. (AJIow~n§ the presence of exotics to fig'u.re in real estate market value provides incentive to remove.) e. Comide: acklbg th~ E.P?C's 30 or ~o Caugor71 h'st of mos: i,',vasive weeds to the county's la.ncLscape l:n'ohibhion list, or even the. removal lis't, in the Land Development Code. f. Establbh a homeov,'ner assist, a.~ce proD'am, especially for residents of Golde~ Crate Estates to help either financially or technically v, Sth exotics removal. At the same time, do not ex,,m-rpt such areas from exolics prohibitions (such as presently found in the Litter, Weed and Exotics Ordinance.) 7. _C'o/lier Countw must a~ressiveIv remove exotfc~ and maintain its ov,'n properties as an example, ifnc to con.form whh its own regulations. sources, and solicitation of labor assistance, either th. rough intern programs like Am research projects, or th.rough outn'ght volunteers. Labor n,~ hr,- the biggest exr, cm _ .FEB 2 5 1997 Actively seek 5a. ndin~ sources for eradication efforts. This includes application for ?ants from Volunteers should also be used Io assist monitoring efforts, ~ happens now with other code enforcement areas. 9. doA.!eg_!~_t~cific exotics ordinanc~e, which more effectively addresses problems outside of ne,,,,' construction. In particu]ax, po]icies must be comprehensive (avoid exemption, s) and provide for incentives, options, flexibility, ~ssistance to homeov, nners and better education on the issues. 10. Re-establishment ortho former nat[veD1ant community is very important part ofera, dicatJon. 3"his must be g'[','cn more weight in drafting policies on removal an)where within the county (i.e. Clam Bay). Post-removal monitoring of vege~t[ve reD'owth is an absolute minimum. 1 I. Pro,de an xfic Removal Fund donation x to check on all property tax bills wl:dch axe mailed by the County. All money would be dedicated to education and removal work. A separate Fund could b established, so named, or donations could be d/teeter to the appropriate staff v,'ork. It nccd not (and cannot) take a fortune to effectively accompl[sh much in the elim{r, afion of this very serious Coil{er County health and env{rommental hazard. 'g,'nJle a tremendous amount can be accomplished at very minima] extra expense, it will, however, require dedication and community-wide support. In such a naturally rich aJ'ea a.s Collier County, there are many environment21, sex:ia] and economic issues which demand our at'tent{on. Without lessen{ag the Lmportance of any of these, EPTAt feels control ofour inva~[ve exotic plant problems is worthy ofouJ' community's most sincere efforts. Many of thc above recommendations have very minimal budget requirements (plea.se see Appendix E o] re]alive budget comparisons) and emphasize policy initiatives on the par~ of local government. These should be implemented immediately. Many of those items which carry a more substantial monetary cos · . are excellent candidates for funding from outside sources, such as federal, state and private grants, and tl'u-ough cooperative work with other agencies and entities working on exotics in Collier Counb'. V,~enever possible, resources should be combined and expertise and labor shared wffh lY, e Exotic Pest Plant Council, the South Florida Water Management District, Lee Count3,', Dade Court%,', the Cooperath, Extension Service, US Department of Agriculture, the National Park Ser',-ice, FL Dcpa.r'a-nent of Environmen~l Protection., the Army Corps of Engineers and the many private organiz2, tions and citizen who devote their efforts to exotics issues CNative Plant Soc[ety, Collier County Audubon Societ)', Florid Wildlife Ferderatio~ the Come~'ancy, homeowners associations, and other civic groups). Of all the rccorm'nendations, it is most critical that citizen, s, bus[ncsses and government leaders be educated to recognize the worst invasive exotic plants, what problem,; they cause, and learn how they rr be most effectively controlled. Tin.is ,,,,'ill provide the essential commur~ty foundation and impetus to enforce and implement the necessary tools for economical znd comprehensive exotics control. 13 FEB Z 5 1997 P~. ~ REFERENCES Center, Ted D., J. H. Frank, ,,nd F. A. Dray. "Biological Invasions: Stemming the Tide in Florida." Florida Entomolo~'~ March., 1995, 78(1): 45-55. Diamond, C., Davis, D., and Sckmitz, D.C. "Economic Impact Statement: The Addition of Melaleuca Quinquener'via to the Florida ProN'bited Aquatic Plant List." (Technical Report N'PS/NREVER/NRTR.91/06), in: Proceedin~ f ~e.g~si ,~..n on Exotic P~ November 2-4, 1988, Urdversity of Miami, Rosenstiel School of Marine and Atmospheric Science, pp. 87-110. Exotic Pest Plant Council. "1995 List of Florida's Most I.nv~ive Species." March 16, 1995. ~rt of the Governor' Commission f r a S tainaNe South Florida. by Richard Pettigrew, Chairman. Coral Gables, FL. October 1, 1995, pp. 78-82.~ LarocM, Francois B., ed. ~lelaleuca Mana~ement_.P~a.~for Florida: _Recommendations fi.om the Melaleuca Task Force of'the ExotJ~c Pesl Pl~. April, 1994, Second Edition. Morton, Julia. "Brazilian Pepper -- Its Impact on People, ANmals and the Environment." ~ Botany 1978.32 (4): 353-359. Hun.ken, C. "Jacksonville Manages the Melaleuca Menace." !~nt, Sneer~ 1994.18 (4): 5. Un. iversiD' of Florida. IFAS Circular 868. 14 AG£ I E FEB 2 5 1997 APPENDIX A Exotic P~t Plant Council Catelory I and I1 list of l~dos! Invasi','e Exotic Plane FEB 2 5 1997 P~. ~ FE.B 2, S '1997 l_ '//~'-""¢~ Pi- EXOTIC PEST PLANT COUNCiL,S ~$LiSTOFFLORII~A,$ ~'=':' 2 I~ L-'~.~ Moor INV^$1VE SPECIESI . ~LA~ ;;i.~ ?.. _'. ~".,, Imhcrtnt in imvacted ,"vst~ms. 9~ ;L. [- ""~'-u'.cxoUC.lX"st pt. ~ts have on biodi,,'ersi · mana~mcnL ,.,; mun,or~, a.na ~o netp managers .~[ l:nSorhi~s for ' · [7anal~¢m ... .. : ... ....:... :............'..' ... ,.. Abr'~ precato'n'us (rosaQ' ]:~a) ~RY Acacia auriculiforrrds (ea.'~mI' amcia) 1 3 Ardi~'a crenu!at :a (=A. crer. a:a) (~ ardisia) Ardis[a ellipffca (=A. humili$) (sh~bu~on ~'disia) 1 Bixc~fia j~a~ica (bi~k~a) 1 6 .I Brc~h/c~a m~,qca (~ g~s) ] 8 C~ofh)'ll~t ca~ (=C. ir~phyllum of author) (m~t w~, Cassia coIuteoi&s (=Ser~ perdula) (climbing ChNs~m~ ~ia, Chffstm~ ~n~) I 1o' Cm~n'~ equ~e~rol~ (=C. litorea) (A~i~ pi~) I Cm~ g~a (sucke~ng A~mli~ pine) Ctlt~ diumum (~)'j~ne) I Ct'r~m~ cam~hora (~mph~.~) I ! 3 Col~ escule~a (~'o) I Co~ ~co (latEar I~ Cu~i~sb' ~ccrdio;de~ (~or, v~) I ~ ~ ' Dioscorea b~erc (~r-~) Eic~ia cr~s (~a~r hx~cinth) I l-Pt~ Eugenia ~ra (S~n~ c~) I Fi~ ~cr~ (=F. n/ti~; =~. tetra v~. ~) (laurel fig) I H)'dff~ ve~cil~ I-P~: Hyg rop~'~ ~lyxpe~m (~ n hyg to) I-P: ^~DA Ig~X ' ,FEB g 5 1997 16 M~, 1995 Ax)'$t~ia 8a~etlca (Ganges p6mrc~) C~l~ia~ugr~ (J~ch planL Cere~ u~l~ (ni~ht-bl~ing ~re~) Copt°~teg~ ~g~cadem~ (~b~r ~) ~lMrgia ~ (lndi~ d~Nrgia, ~'ow~ ~ (~m) Fi~ ~n~ (w~ng fig) Fic~ religlo~ (~ ~) Fl~ggea vlrosa (flueg$~) ' Hibisc~ fil~ct~ H)ptage beng~k~is (hypm~e) Jasmi~m $~c (A~ j~mine) Koebeute~ eleg~ (got~n shod'er t~) ~tr~ ja~Mcam (J~e~ p~vet} ~gast~m lucidum (C~ p~vet) Melid$ mi~t~ora (mo[~ Mem~a ~o~a (w~.r~) M)doph)llam spicat~m (Eum~ a ater-milfoil) Nephrolepi~ mM5flora (Asi~ ~'ord Oc~o$;a ~'~ra (=0. ellipKca) (ko.ia) P~ cr~d~i~ (sk~ vine, on{on vine) P~dflorafoeti~ (stin~ng ~s~on-flo~'er) Pittospo~m pemardmm (pi~s~mm) Pinos~ tobba (Japane~ pi~s~m, pinos~mm) Rh)'~eb'tmm repe~ (Na~ ~'(effa hvaclmhoMe$ (=S. ~f~ciata} (~wst~ng hemp) S)'ngoni~ p~oph)'llum (~ he~ vine) SyD'gium ja~o$ (r~.apple) T~bul~ cistoi&$ (puncture vine) Tdp~'a ~foh'aa (lime W~e~b ~l~a W~teria $ine~ (C~n~ ~'is~fia) TOTAL = ! I6 11 69 il ?o ll'~ 11 I[ 11 ~ Il ~$ !1 ~6 ii'r/ Ii ?~ 1I ?~ 11 ~o I1 ~1 iI~ !I ~2 II ~6 1I ~ 11 ~s I1 ~9 II ~2 I1 9a II 9~ Ii ~ II.P~ I1 ~ 11 99 I1 I~ 1I ~oi 11 ~ II l~ II i~ I1 II ~o~ II i~ II ~o II ti2 !I Il 1 I.~ J:EB 2 5 997 Pg. ~ APPENDIX B Collier Count)' Exotics Regulations and Ordinances AGENDA, I~'£M \ FEB g 5 1997 ^~F~&~~ \ .FEB 2, 5 1997 FEB 2, 5 1997 .,-8~997 EPTAB/Staff Inspections o~' Public Projects AGE~t[~ ITEM, FEB ~, 5 1997 EPTAJ3/$~Iff Inspections of Privste Projects FEB 2 5 1997 Pi. ~ AGENDA. ITEM. FEB 2, 5 1997 0 Il. AG£N~A ITEM, FEB g 5 1997 AG£~DA IT£M\ .FEB g 5 1997 APPENDIX E Cost PrioritLzstion of Specific Recommen~lstions all cific Reco endation Which e uire itt ¢ o dditional Ftmdin or e olic itiatiYe 1. CoordLmtion of efforts wi..'th other entities working on invasiv.e ~xoti.cs. 2. Assist wy research efforts through either direct contn'butions ofstaff'time or money, or through pcli!i~.a. 1 lobbying on b~M..Ifofotb~r ~nliliqs ~oing r.es.e.art:h. ^ bio~on~ol {[~nliln~ fiqilib' is a high prioriv. enforcement. 3b. Improve thc i.n.sp~ction sy~¢m to ackieYe uniform and computerized tracking of all inspections. (AJready adckessed to scoot management). 3c. Public ins~ction recor~ need to be lxtter organized and access~]¢ to ali. (Adciressed to senior rnanagcme'n0. 3d. Clarify and ensure thai exotics management plans tet incorporated into homeowners' associations chartcrs ',vhcn responsibilities arc transferred from ~¢ developer. 4a. Real estate value "exotics impact disclosure" should be included in all real estate transactions. 6c. Encourage melalcuca mulch on both priYatc and public landscaping projects. 11. Provide an Exotics Removal Fund Dor~tion Box to check on all property tax bills, to benefit education and eradication. ~,ecific Recommendations Which Require Moderate Bud~eta~ Investment: 3e. Irnprove the cun'ently non-e:dstent follow-up inspection process for code enforcement, utilizing both volunteers and staff(also could be a larger investment, depending on percentage ofvolunteerism). 4b. Produce and distribute a clear exotics information brochure. (Also coordinate with olher entities). 4c. Conduct exotics reduction training sessions for all commercial nursery and landscaping operations in Collier Count),. This should also be coordinated with entities. 4d. Orientation sessions for all homeowners' associations and others assuming exotics manateme~ responsibilities. 4e. Establish an Exotics Con~'ol Hotline phone number to call for all businesses and residents. Coordinate this with EPPC and Cooperative Ex'ten.sion Service. 5. Utilize volunteer help in ever)' ,a,~y reasonable: county-wide exotics clearing days, follow-up exotics code en£orcem~nt monhoring ~sistance, educatioml docents, etc. 6a. Subsidize landfill (mulckin~) tipping t'ees for exotics debris. g. Actively seek funding sources for eradication efforts, including ~'ar~ts, solicitation of labor help from interns and volunteers, or other public funds. ~.L>ecific Recommendations ~re More Si,~__Lficant Bud~ depending on doit'ce of volunteerism). Improve follow-up impection system for code enforcement efforts ~.,._~ bcd FEB 5 1997 t. s ff . s 3['. Engage more code enforcement personnel and voluntee~ to allow systematic monitoring. 6b. Offer local tax credits for voluntary clearing and maintenance ofpHvate property. 68. Consider requiring a percentage of'exotics removal an)time a property changes hands (allows for market incentives to zemove). 6e. Consider adding the EPPC's 30 or so Category I l[s-t ofmost invasive phmts to the County's prohibition list in the LDC. 6f. Establish a homeowner ~sistance program, especially for Golden Crate Estates, to help either financially or tcchrdcally whh exotics removal. Also, do not exempt such ~re~ from exotics prohi'bit~or '7. Collier County must set the example of'removing exotics on its own propert/es. 9. Adopt a specific exotics ordinance to address problems implementing comprehensive county-wide control of exotics. ShouJd avoid exemptions, provide for incentives, options, flem'bility ~md ~sis~nce Nd education to homeowners md businesses. 10. Re.establishment of the native plant cornmunhies should be g~ven more weight in exotics removal lx~lides ,2uoughout the County (such ~s in Cl~rn Bay). .Specific Recommendations Which May Best Be Coop~r:~dv¢ly or Grant Funded: I. Coordination. 2. Research assistance. 3c. Improvement of follow-up code enforcement inspection. 3f. Engage more personnel, both staff and volunteers, to allow for code enforcement monitoring. 4b. Exotics educational brochure. 4c. Exotics training sessions for nurser)' and landscape businesses. 4e. Exotics Control Hotline. 6e. Add EPPC's 30 Category ] plants to Co]]ier's prohibited list. 6f. Homeowner ~sistance program. 9. Adopt a SF~Cific exotics ordinance. 10. Re-estabJish. ment of the foyer native plant commurdty after exotics removal. FEB 5 1997 EXECUTIVE SUMMARY PETITION NO. PUD-S6-9(4), BRUCE J. SIClLIANO, AICP, OF AGNOLI, BARBER & BRUNDAGE, INC., REPRESENTING RONTO DEVELOPMENTS NAPLES, 1NC., REQUESTING AN AM~ME~ TO THE HERITAGE GREENS PUD, FOR THE PURPOSE OF REDUCING THE SIDE SETBACK TO 5 FEET FOR ONE STORY GARAGES IN CONJUNCTION WITH COACH HOMES, FOR PROPERTY LOCATED ON THE SOUTH SIDE OF IMMOKALEE ROAD (C.R. 846), APPROXIMATELY ONE MILE WEST OF C.R. 951, IN SECTION 28, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 251.46 ACRES. OBJECTIVE: This objective of'this petition is to change a development standard regulating the distance between one story garages. In order to Facilitate administration of' the PUD, the PUD is being repealed and readopted. CONSIDERATIONS: This amendment does nothing to change approved land uses or their intensity of development, but rather establishes a development standard that would allow one-story garages to be located nearer side lot lines or other garages than the main building. The amendment does nothing to change level of' service relationships, or the way the Heritage Greens PUD relates to the goals, objective or policies ot' the G?,,~. Subsequent development of indMdual building blocks remain subject to Land Development Code review and approval processes. This amendment has onh' one purpose and that is to allow one story garages to locate nearer the property line or other garages than the principal building. This is to be achieved by adding regulations to the Table describing development standard as the3.' apply to indi,idual housing structures. It is important to note that no residential development has commenced in the Heritage Greens PUD, therefore the amendment would not affect buyers of residential housing units. The CCPC heard this petition on February 6, 1997. They unanimously recommended approval. No person requested any objection to approval of'this petition AGENDA JTEM, Pg. ~ FISCAL IMPACT: None. GROWTH MANAGEMENT IMPACT: None. PLANNING COMMISSION RECOMMENDATION: The Collier County Planning Commission (CCPC) recommends approval of Petition PUD-86-9(4) having the effect of replacing the Heritage Greens PUD document with a new PUD document wherein additional regulation is provided to allow one story garages to locate nearer the lot line or other garages ff~an the principal building. CHIEF PLANNER REVIEWED BY: ~E, AICP CURRENT PLANNI.NG MANAGFs~, DONAL/B,W. ARNOLD, AICP PL~ANNiNG,,,o,,,, SERVICES DEI~RTMENT' DIRECTOR VINCENT A. CAUTERO, ADMINISTRATOR COMMUNITY DEV. AND ENVIRONM'ENTAL SVCS. o2 - )o DATE DATE DATE PUD-86-9(4) EX SUMMARY/md 2 FEB 2 5 1997 PI. ~ TI FROM: DATE: RE: AGENDA ITEM 7-H qTY PLANNING COMA4]SSION DEVELOPVm SE .V CES D SION JANUARY 6, 1997 PETITION NO: PUD-86-9 (4) HEKITAGE GREENS ('FORMLY DOVE POINTE) OWNE R/A GENT: Agent: Donald A_ Picloa, onh, P.A. and Agnoli, Barber and Brundage, Inc. 7400 Tamiami Trail, North, Suite 200 Naples, Florida 34108 Owner: Dove Pointe Development Corporation and Rondo Developments Naples, Inc. 277 North Collier Boulevard Marco Island, Florida 34145 .REQUESTED ACTION: This petition seeks to amend the Heritage Greens PUD for purposes of introducing a setback development standard for garages, however to accomplish this the requested action will take the form of a rezone from PUD to PUD. GEOGRAPHIC LOCATION: The Heritage Greens PUD fronts upon the south s~de of Immokalee Road approximately one (1) mile west of CR 951 (See location map following page). PURPOSE/DESCRIPTION OF AMENDMENT: The amendment to the Heritage Greens PUD is for the purpose of providing a setback from side lot lines or space between buildings for one story garages in conjunction with coach homes which are t~'o story structures and require a greater setback than that proposed for the garage relationship to lot lines or other garages. SURROUNDING LAND USE AND ZONING: The proposed change does not impact surrounding land use. ,:late. No development AGENDA F(£M .~ 5o1997 ~ROWTI! M'ANAG EMENT PLAN CONSISTENCY: Textual changes of this type have no relationship to elements of the Growth Management Plan, therefore, this petition is cons{stent with the Growlh Management Plan. HISTORIC/ARCHAEOLOGIC'AL IM'PA (~T: Not Applicable. EVALUATION FOR ENVIRONM'ENTAL~ INFRASTRUCTURE: TRANSPORTATION AND Given the nature of the .tu'nendment, Land Development Code regulations relative to engineering. environmental, and landscaping have no application to this proposed revision to the PUD. ANALYSIS: This is a PUD amendment even though the process is one of rezoning the land from "PUD" to "PUD". When we use a rezoning process to accomplish a PUD amendment we do so to achieve a level of administrative convenience because it avoids the requirement to tract amendments and their relationship to the original document in order to understand the totality of the regulations as they apply to the PUD zoning district. For this reason staff is of the opinion that the required findings for standard and PUD rezones do not apply in recognition of the fact that when the property was initially rezoned the decision to approve the Heritage Greens was based upon a preponderance of evidence and conditions which supported the required findings for both standard and PUD rezoning actions. This amendment does nothing to change rather establishes a development standard that would allow one- story garages to be located nearer side lot lines or other garages than the main building. The thrust of the decision that has to be made relative to the PUD amendment should focus on whether or not the amendment approved land uses or their intensity of development, but L c .lo' 'l ~Pe,4c. BL. 1). / would give rise to any inconsistency with elements of the Grow'th M'anagement Plan, introduce new uses that while consistent with the FLUE, nevertheless, bring about relationships that were not evaluated as part of the original action, or cause development standards to be changed that may adversely affect existing development, and/or if there is not any existing development cause standards to be enacted that will lead to ill-conceived development patterns with attendant health, and safety related results. The amendment does nothing to change level of service relationships, or the wa, Greens PUD relates to the goals, objective or policies ofthe G~,~. FEB 2 5 199; ,,..5' Subsequent development of individual building blocks remain subject to Land Development Code review and approval processes. This amendment has only one purpose and that is to allow one story garages to locate nearer the property line or other garages than the principal building. This is to be achieved by adding regulations to the Table describing development standard as they apply to individual housing structures. It is important to note that no residential development has commenced in the Heritage Greens PUD, therefore the amendment would not affect buyers of residential housing units. TAF~COMMEN'DATION: That the Collier County Planning Commission (CCPC) recommend approval of Petition PUD-g6- 9 (4) having the effect of replacing the Heritage Greens PUD document with a new PUD document ',','herein additional regulation is provided to allow one story garages to locate nearer )h'"e lot line or other garages than the principal building. DATE CHYEF PLA2x~E R REVIEWED BY: ROB'ERT J. *fU'LHERE, AICP CURRENT PLA/kN'NING ~LkN~GER DONALD W. ARNOLD, ~ PL G SERVIC DEPARTlk{ENT DIRECTOR VINCENT A. CAUTERO, ADi~fiNISTRATOR C0b~flJN1TY DEV. AND ENVIRO/,,~NTAL SVCS. DATE DATE Petition Number PUD-86-9 (4). StaffReport for February 7, 1997 CCPC meeting. NOTE: This Petition has been advertised for the March 11, 1997 BCC meeting. COLLIER COUNTY PLAN~'~M2vflSSION: ]k'flCHAEL A. DAVIS, CHAIRMAN PUD-.e6-9 (4) STAFF REPORT/pd FEE) 5 199 A~ ORDINA2:CE AMENDI~;G ORDINA3;CE NUMBER 91-102, THE COLLIER COb~TY I~ND DEVELOPMENT CODE, WHICH INCLUDES THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED A~REA OF COLLIER COUNTY, FLORIDA, BY A~tENDING THE OFFICIAL ZONING ATLAS F~P NI~ERED 8628 BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM "PUD" .TO "PUD" PINNED UNIT DEVELOPMENT KNOW~.; AS HERITAGE GREENS PUD, FOR PROPERTY LOCATED ON THE SO%'rH SIDE OF I~'21OF~LEE ROAD (C.R. 846), APPROXI.".~TELY ONE MILE WEST OF C.R. 951, IN SECTION 28, TO',7;SHIP 48 SOL'~H, R3~NGE 26 EAST, COLLIER CObq~TY, FLORIDA, CONSISTING OF 251.46 ACRES; PROVIDI~:G FOR THE REPEAL OF ORDINA3:CE NUM. BER 96-55, AS AMENDED, THE FOP. U. ER HERITAGE GREENS PUD; A~D BY PROVIDING ;UN EFFECTIVE DATE. ~EREAS, Bruce J. Siciliano, AICP of Agnoli, Barber & Brundage, Inc., representing Ronto Developments Naples, Inc., petitioned the Board of County Com.~issicners to change the zoning classification of the herein described real property; NOW THEREFORE BE IT ORDAINED BY THE BOA_RD OF COUNTY COmmISSiONER OF COLLIER CO~{TY, FLORIDA; SECTI 0~ 0~;~: The Zoning Classification of the herein described real property located in Section 28, Township 48 Sou~h, Range 26 East, Collier County, Florida, is changed from "PUD" to "PUD" Planned Unit Development in accordance with the PUD Document, at~ached hereto as Exhibit "A", which is incorporated herein and by reference made part hereof. The Official Zoning Atlas Map Numbered 86~, as described in Ordinance Number 91-102, the Collier. County Land Development Code, is hereby amended accordingly. $~CTION T~O: Ordinance Number 96-55, as amended, known as the Heritage Greens PUD, adopted on September 4, 1996 by the Board of County Commis$ioner~ of Collier County, is hereby repealed in its entirety. -1- FEB g 5 This Ordinance shall become effective upon filing with the Department of State. PASSED ~J~D DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this __ day of , 1997. A~'TEST: DWIGHT E. BROCK, CLERK BO~RD OF CO~TY COMMISSION£RS COLLIER CO~TY, FLORIDA APPROVED AS TO FOR.~ AND LEGAL SUFFICIENCY M. STUDENT ASSISTA:;T COU~;TY ATTOR.~:Ey PUD-86-9(4) ORDINANCE/18875 BY: CHA I R.%A5 -2- A~ENDA FEB ,I 5 1997 November 19, ! 996 Mr. Ronald Nino, AICP Senior Engineer Collier County Development Services 2800 North Horseshoe Drive Naples, Florida 34112 156'9 RE: Heritage Greens PUD: Application for Planned Unit Development Document Minor Amendment; sideyard setbacks for coach homes ABB PN 7206 Dear Mr. Nino: Following up on our recent telephone discussion, enclosed is an Application for Minor PUD Amendment for the Heritage Greens PUD. The required application fee of $1,300.00 and 17 copies oft, he application. The submittal package includes a narrative description oft. he requested change and a strikeoutZrcdline and final version of the PUD document. Changes to the PUD Master Plan are not being proposed. The applicant, Ronto Developments of Naples, Inc., is requesting approval of a minor amendment to modify the sideyard setback for coach homes to permit a 5 ft. setback for one story garages. The sideyard setback for the principal residential structures or any structure two story or greater would continue to be I0 From a procedural standpoint, our understanding is that a minor amendment requires only administrative staff review and approval by the Planning Commission. Your kind attention to this matter is sincerely appreciated. Yours very sincerely, AGNO ! A R& AGE, INC. Planning Dirc"ctor Enclosure J~wncs Rcindcrs, Ronto Raymond Harris, Ronto Donald Pickwor~h, Esq. Jack McKcnn~, P.E., ABB l 0-353m6.1tr FEB 5 Main Ofl'ic~: 7400 Tamiami Trail N., Suite 200, Naples, Florida 33963 . (941) 597-3111 · FAX: (9.~1) 566-2203 ~ County:. 1625 Hcndry St., Suite 101, Fort M.vcrs. Florida 33901 · (941~ 334.1173 · FAX: 1'941 ) 334. ! 175 PETITION NUMBER DATE APPLICATION FOR PUBLIC HEARING FOR PUD AMENDMENT/DO AMENDMENT COMMUNITY DEVELOPMENT DIVISION PLANNING SERVICES NOV Name of Applicant(s) Ronto Developments Naples, Inc. Applicant's Mailing Address 277 North Collier Boulevard Naples, Florida 33937 · Applicant's Telephone Number: Bus.: 394-5197 Fax: 394-3156 Is the applicant the owner of the subject property? Yes X No ~ (a) X (b) __ (c) __ (d) __ (e) If applicant is a land trust, so indicate and name beneficiaries below. If applicant is corporation other than a public corporation, so indicate and name officers and major stockholders below. If applicant is a partnership, limited partnership or other business entity, so indicate and name principals below. If applicant is an owner, indicate exactly as recorded, and list all other owners, if any. If applicant is a lessee, attach copy of lease, and indicate actual owners if not indicated on the lease. .__X_ (f) If applicant is a contract purchaser, attach copy of contract, and indicate actual owner(s) name and address below. (lf space is inadequate, attach on separate page.) Name of Agent ~F..t.t.F.,lhlllil~ Agents mailing address Cit,,, Telephone Number: Res: · ..C;rlCF'aTU,'D,',,~TDOC¢ DO~,T.DO",'AMI Firm State Bus.: Zip__ FEB 2, 5 19 P~. ~ 3. PUD ORDINANCE NAME AND NUMBER: ' ' - DETAILED LEGAL DESCRIPTION OF THE PROPERTY COVERED BY THE APPLICATION ('If space is inadequate, attach on separate page. Ifreques! involves change to more than one zoning district, include separate legal description for property involved in each district. If property is odd-shaped, submit five (5) copies of survey (1" to 400' scale). THE APPLICANT IS RESPONSIBLE FOR SUPPLYING THE CORRECT LEGAL DESCRIPTION. IF QUESTIONS ARISE CONCERNING THE LEGAL DESCRIPTION, AN ENGINEER'S CERTIFICATION SHALL BE REQUIRED. SECTION 28 TOV~NSHIP.~_L RANGE26E Address or location of subject property ' · , Does property owner own contiguous property to the subject property? If so, give complete legal description of entire contiguous propen'),. (If space is inadequate, at-tach on separate page). ~ TYPE OF AMENDMENT: PUD Document Language Amendment PUD Master Plan Amendment Development Order Language Amendment DOES AMENDMENT COMPLY WITH THE COMPREHENSIVE PLAN: X Yes No If no, explain: HAS A PUBLIC HEARING BEEN HELD ON THIS PROPERTY WITHIN THE LAST YEAR.'? IF SO, IN WHOSE NAME.'? YES PETITION #: - - '~ DATE:~ Applicant was Ronto Developments Naples, Inc. C '01:1 ~CE,W?w'D,' V,?DOC$'~:)O','FDOVM~i A G E .N_D.A. NO. ~ FEB 2 5 1997 10. HAS ANY PORTION OF THE PUD BEEN ~ SOLD AND OR_.aYe_ DEVELOPED? ARE ANY CHANGES PROPOSED FOR THE AREA SOLD AND/OR DEVELOPED? X Yes. ~~ No. IF YES, DESCPdBE: (ATTACH ADDITIONAL SHEETS IF NECESSARY) A parcel equivalent to four lots in the proposed plat was previously conveyed to U.S. Home Corporation. These lots will be developed in accordance with this PUD. A portion of the Jafra structure for the site has been developed under existing permits and approvals. This construction ss'ill not be affected by this PUD. FEB 5 1997 The undersigned being first duly sworn, deposes and say that it is the owner of the property d~ scribed as Parcel A herein and which is the subject matter of the proposed hearing; that all the answers to the questions in this application, and all sketches, data, and other supplementary matter attached to and made a pan of this application, are honest and true to the best of its knowledge and belief. It understands this application must be completed and accurate before a hearing can be advertised. We further permit the undersigned Applicant or its Agents as identified herein to act as our representative in any matters regarding this Petition. / 7 / ' (Title) Donald A. Pickwo~h, P.A. Pc¢$:d.~,-+- (Title) Dove Pointe Development Corpor,~ion Applicant: {,--/?O,,g.~..~ O,l~Title) STATE OF FLORIDA COUNTY OF COLLIER The foregoing Applic~dged before me this~ dav of~-~°'3 ,1996 by-~'~"t~.'"'h w~'-c','''-, who i(C'~sonally known to~j~e or w8o has produced ~ as identification and ',,,'ho ~id not tak~an oai~-..._._~__-..--'~ , ' ...... ....Si.g~na, u.~. of Notar'y Public i-..-~U"::~. ,...:' ,. ?:' .':.:' ~ ..-....: · '::. :'. :, ?nnted nm'ne of Notary · ' " '.My Cmmmission Expires: ...... AGENDA ~'EM, FEB 2 5 1997 The undersigned being first duly sworn, deposes and say that it is the owner of the property described as Parcel B herein and which is the subject matter of the proposed hearing; that all the answers to the questions in this application, and all sketches, data, and other supplementary matter attached to and made a part of this application, are honest and true to the best of its knowledge and belief'. It understands this application must be completed and accurate before a hearing ram be advertised. We further permit the undersigned Applicant or its Agents as identified herein to ac! as our representative in any matters regarding this Petition. Donald A. Pickworth, P.A. (:>£~ ~: O.,.,-+ . (Title) Am~licarll; STATE OF FLORIDA COUNTY OF COLLIER ~ .~J'he,,,f~oregoing Application was acknowledged before me this /J7 gay of~;,~:~_~ 1996 by 2~~rxz,~., who is personally known to me or who has produce~ as identification and who did not take an E i ~.~l~natureofNotary~.~a.bl~ I g 5 1997 I _..___.pz OFFICERS AND STOCKHOLDERS OF RONTO DEVELOPMENTS NAPLES, INC A. Jack Solomor~holds 100% of'the issued and outstanding stock Officers: lames M. Reinders, President A. lack Solomon, Vice President Ray Harris, Vice President William Snyder, Vice President, Secretary, Treasurer OWNERSHIP INFORMATION See copy of Contract and Assignment of Contract attached Fee simple owners: A,~ Dove Pointe Development Corporation C/O Iain M. Anderson 2353 Gulf Shore Boulevard North Naples, FL 33940 B. ~ U.S. Home Corporation Attn: Peter Comeau, Vice President 10491 Six Mile Cypress Parkway Ft. Myers, FL 33912 ' NOTE: Parcels A nnd B (as legally described in Exhibits C-1 and C-2 respectively) together constitute the entire PUD property as described in the currently approved PUD documents. This application for PUD Amendment does not change the PUD boundaries. AG£~D& IIEM FEB 2 5 1991 A-2 - CON..~CTAND ASSIGNMENT OF CONTRA~ 'T']IIS A(;RI"EkIEtq'I' [':OR PtJI~.CII,\SE AND .SALI'~ ('Agrecmcnl') da~cd as of Ihe 'Eff~:cti,.'c I);dt:" sp,:cit~cd h,,:rchh hy ami I.~twc~.-,I I)(}VI'; I'OINTI'~ CORI'ORA'I'I(')N. m FI.rldn Cnrl~r411{m (,'S,.:l!er') m.I IU)NTO M.,\NA¢;I';MI:.NT CiRI~t]I', INC.. a F1urld~ c.rl~mlli.. ;md/.r il.~ 'n.'i~iL.:.:s ('ll.y~r'). wldt Iht j.lnd,,:r ur JOSI'~I'IIINE M.,\RANO I. Sale or I'mn~;I¥. S,:lIcr agrees to sell to 13.ycr and Buyer ago'cs 1o purely=.' from Scllcr ui~m the tcnns al~,.l cmldiLiUltS SCl f. rfll below, ccrt.~in real pn,~r~y located b~ Collier County, Florid:t. thc h:~:tl dcscrlpthm .f which is at:adlcd hcrctn ns J~,~I,ihlt A and mn(lc a part hereof (thc 'PmlXdy"). I.gcthcr wld~ ;:11 of.~c!h:r'.~ right, till,' and int~:n.~l i~ and Itl all plmz~ and pcmllts, llcc~tsc.s, contr~c'.s, .ptiun nl,.rcemcnts attd other ngr¢::mcl~ts, n:ports, studies al~d othc; {..crson31ly r~l:',tcd lo dec Property (collectively. the "Agreements"), without :my rcprc, scnmtion or w=.n'~tty ~ to thc e.xlstcncc or o',vncrship aFtho 2. lhirc!~n.~e P~c~. In ndditlon t~ ~s~m'd,g Ibc "r'crmittcd Cl:'.ims" (~.':. hcrein-',flcr dc~ne'::[). D.ycr shall pay tn $cllcr n c~sh p~lrch~¢ price ("r't~rclm.,~c Pric,") ol"~i~~ or rcrlulrcd hereunder, which Purch.",.s¢ Prlcc sh:Hl bc p~i,.I ns I'ollnws: tn) $itn.ltnn¢..sly with th~ c.~ccuHo, licrcliF. D.)'cr sh.~ll dc:~vc." lo Fridkl...t: Pcnrso.. I'..,\. (' 'E. scru'.v A~cm'), n,t c~rncst money dci~.'~s~t izl thc -amount o F'l',.,,"cnt.','-F~'.':' 'thousand mid 00/100 L)oll~rs ($25.000.00) ('Deposit'). ',vh[ch L)cposh sh~ll bc held i. esc.'"u,.;' hy sir, fl bc pnid zo thc Buyer, (b) A~ Closing (=s hcrchmr~¢r dcl'i,ed), Buyer she'll pay lo Ihe Seller Ihc rcm3hti,g balance oF Iht cnsll porthm nr the I'ur~h.nse Prlcc..f,,'hich the l)cposit, togcthcr whh inlcrc.st cnmcd Ihcrc'mt. ira.y, sh;dl I~ n p:lrt Ihcrc'uFaml sh-'dl Ix: i~ai,.l 'by c~hicr's chcc~ or hy ,.vim tr~ns/'cr, s.l,jcct to -,dju?mc:tis nmi crcdhs :ts may bc hcrcin:d'lcr scl r. rth (thc 'C-',sh P',ymcnt'). 3. Fscrn'.v. ']lic Escrow Agent shall hold thc Dcposii p~.muant to the terms or this Agreement. 'l'hc F.4crow ,\gcn! shall place Iho Dcposh in an htteres~ bcnrhl~ ~ccount. I£d',cte is dispute 3m..g Iht pottles as to Ibc proper dlsburscmc=lt .r the Dcposh or. ir -Escrow A;c..,.t is odtcr',,,'is¢ ht do.h! .,n,~ Io ils al.thcs or liahilldcs urMcr thc pmvi.~h'.ts of d~is Agreement. thc ?~,g¢i)L illn¥, at thc l'~crn'.v A{zenI'.,~ r~l'~tloll. CC)lltlttltC It) h.ld Ibc md,jeer tootler ar thc e.,:cr'nw ~.l~t:~l pnnies mu:.'dl/=gr~ u. its dlsbur'scmci~t ur dcposh Ibc subj¢',:t matter urd,c escro,v ,villi thc clerk of any circuit coum ha,,'i.,.: jur-isdicli,m thercor. Up,n dep..~i~ of lite subjecl matter of the e:crov.. ,.vi~ thc cie= k oF any clrct,i~ ccmtl Im,'ing jurisdiction IhcrcoF and ,mtiFylng all parties mrs.ch all limhilhy n. dec part oF F..scnw..v ,\gc.I shall fully tcnrdrl'ntc, c:~ccpI Io Ibc cxtcnl oraccuumi.~,g for ~ny tiao prcvl.usly du!ivercd uul ~H'c~crow. h', m'~y mdt bcl'.,,c¢:l Ibc ~cller and ~tlyi:r ,.vhcre the Escru',v Agclit hlterplc=d$ thc subject mntl..:r or thc cscto'.'.', thc I.*scrow ^gent sh~ll rc~s,nn:d'd¢ nllurltc,y:i' l:,.-e:l {~leh,.~tg rcu-.: F,,r d,c .-.crvh.-¢.~ .,r hs~:lf, eu.,;l~ i.c.rrc'd wide n:~r.,cct er,. ~..'h roes ~nd costs Ir) bc clmrgcd and a~.-.cssctl .ns court costs. Thc pnrti~ mgic.~ thai lilt '~crOw shall I:at .~ lhthlc In any party nr l-,c:smt cxccp! rnr ~ros.,i nc-..llgcr~cc or willful n'mlFc.'~s:ncc nm.I th~.' pnrtlcs ngrcc m i.dcmnlfy mid hold li'~cr.w Al~c.t harmless rrnm a.y and ,nil ,ncti..s =,rd c..':t., inc!t~din~, but lt.{ llmitcd to. attorneys' rcc$ .nl~d COSTS. ir~ch,.li,g its m.',.'r~ rccs and costs r~'ultin~ F..~cra',v ......... ,",:co'. h.l ti.~ thc l)cp.~i~ i t '~cc.rd'mcc ,Villi this ,.\Krc~.' c'tt ~-~cr-'..v A~q~t',E_ .~u~, nbt. r~OAuu"~- ITfl' · purely nti:listcri:l nme I.'..~umv,' Agent's :lcfi. C ns cscr.w ngc. I hcrcumlcr shall m~t p~cch.lc ~cr.~..~.~_~ ^Ccitt From rCFrCSC.d.l~ Seller. i.ch.lil~G. ',,.'id~o.t limimdu., -',.y su~;h -',orion rct',d.i~ to thc ¢Ol~telil$ or,he c,o, . ! FEB 5 19 4. ,[~. At Ibc C:lu$1nl~, .c;clh:r shnll convey m:~r~¢~nblc ¢c¢ slmplc fid~tu thc ?ropcrty to i3.)'cr by sl:'4ulor'/w3rr'~nly dccd 6cc nml clc3t oF ;ill Ik'n.'~ 'nnd cncutnhra.cc~, cxccptt~)r thc following "r'ermhtcd Exccptlons'. ~o ¥,,i1: (1) laxcs ~ltd a.%~..tsmcnts as dlscloscd-o'n~hd~t--T3--~' n[r, ched hcrclo ami ,~n(h.: = par[ hcrc.f, (i~) Zon[,l~ r¢,:tHcti,,~ nmi prohH')hir)ns h,r)o~cd Covcrlm~cntnl nuthorhy. (Hi) mot[ers .nrpc~rhq; un arq, pl:~t. (;v) clah,s. Hens nnd/ur Its[cd m~ E.~hitd[ ~ ~fl~chcd he.cio and m~dc a part hcrc,~(colrcctivc~y. Iht "l~crn~il~cd and (v) H~c mn~c~, {fa,y. ~vah'cd hy Ih~ycr [, nccordnncc whh I'am~raph 5 hereof. From nnd al[ct Ibc cnnvcynncc of thc Pr,petty p,rs,,,~ tn thc terms hcrc,F. Ih:yet ngtccs lo iml~m,iFy Scllcr For Clnim n, E~hit~t ~ ~tl=chcd hcrcfu (cu Icctivcly. thc "Hu,-I'crmiltc~ L'k~in~") shall ~ the ~ihiiiiy oFScltcr. Seller's r~lm,SlbiHfy ~r Nn,.Pun,ittcd Claims shall survive thc Closi,~. Seller ~c~nowfcdccs that I)uycr nmFor hs occurs or ~prc~,t~li~'cs hnvc atlcttlptcd to, fllld will such ctahns. $. 'l"][Ic ln~,rnnc~. Whhin flflcen (l.~) ,lays I'ollowi,g lite Effective Dole of this ^{[rcemcnl. Seller shall provide Ihc gnllo,,,..[,i~ 'Thlc Ev~dcncc," Io ',.vii: (i) a pr[or o',vncr's ti:ac insurance policy which covers ibc Properly, I'rom ~vhicl, lluyer shall obtain a Hdc commhmc,t ('Commhmcnl') from u lilfc i~uraltcc cumpa,y o1' ils choke (thc "'l~ll~ Comp~,y') i~ucd I- ~uycr: nnd (~:~ n copy orm~y cxlsz[n~ survey ('Exiszln~ ~urvcy') prepared in accordance whh lira Minhumu Tcclmiunl Sl~,d~rds sc~ Forth in rulcs ~dnpfcd hy thc Flnr[d~ Onnrd of Land Surve)'m~ pu~u:ml ~,~ Florida S[~(utcs. ~]uycr sh:dl have thc r[~ht In ol)lni, nn u~l:Hc oFIhc l~islh~ Survey. or oh~nh~ a ,cw s,rvcy ,~ Ih,ycr's c~pcu~c (chhcr oF'~vhich shnll I~c k,o~w~ ~ Ibc 'S,n'cy'). If lbo S,rvcy shuws n,y c,cro~chmcn~s =~cHnC thc Prnl~rty' 'kc ~mc shall hc dccmcd to I~ n tillc dcFcck ~,)'cr ~hall have Forty.five (45) dnys From Ibc rccciI, oFd~c las~ oFH~c T[Hc Evhlcncc i, whkh to obl~i, Ihc COll1111~lftlCtll ~lld Survey m~d to c~m, inc ~mc ("Tide Review Period'). Prior lo $:00 p.m. on lite la~[ day of Iht Thlc Rcv{c..v Pcr~o~'J 13uycr slall not[fy Seller h'~ '.vrhing ("'l'hle Objection Nu(;cc') -fnny molters unncccptal',Ic to [~uycr :~cctin~ Ihc Pro,ny. c~cludiu~ [h~ I'crmhtcd E.~ccptlmls ("l'hlc Defects"). UDm receipt of thc Thlc Objection Notice. Seller shull usc ils ~ood.F=hh efforts (,()t to cxcc~d ~S,O00) to cute such Title Defects within si~t..' (50) d:ys nF rcccil~t of tl~c 'l'iHc Objccthm Notic~ {"l'itlc Cure U~zc'}. J~l Ibc event un~blc to cure thc '~llc l)cFcc[s pHor to thc 'l'itlc Cure D~tc. Seller sh,II noliFy D,ycr in wri:inc fo which 'Fhlc Defects remain uncured m~d Buyer, ~t Duycr's npHoa, may: (i) elect to ~cccpt title t~ thc Property subject to thc ~l~c DcFccls (in whid~ cvcnl thc ~m~inin~ Ti[lc l)cFcc~ sh~l] ~ ~ccmcd rc~htcd E.~ccpHoas). whhuu~ oCsct or dod,cHon n~nins~ Ibc r,rchnsc Price; or (ii) A~rccmcn~ I)y wrhtcn notice IhcrcoFfo Seller. whcrcup(m this A~rccmcnt shall hc tcnn/,ntcd, thc Dci~sh. [o~cihcr whh n,y inlcr~[ c~mcd Ihcrc, n. shall bc returned Io Uuycr and ~[h pnrHcs II,crc:Feet bc role=sod From =11 Fu~hcr obli~=Hons hereunder, olhcr Ih=n those mnllc~ which expressly su~{vc [he Icm~ina~ion hcrco/. Any Tide Dcl"ccls not ol~jcctcd to by Duyc." whh;, thc Title Rcvic',v ?cHod shall dccmcd Permhlcd E.'~ccpdons hereunder. (a) Seller covenants, rcprcscnls and ;','argots lo Duycr as forlows, lo '.'."it: (i) Seller is a corporation duly £ormcd, validly c.'dsling and in good sl.:mdir:.g under Iht laws oFIhc S~..lc of Florida; (ii] Seller .~hall ',vithi, llve ($) tfay~ nr the EITcetive Dale. sc~-c~-prnpsr.. ........ ~ ;r co,.c., or .,h: choU rsbc oh,: ,cd. =,,d ir 5 1997 ob amccl prnvldc~ycr~v~ proornfScllcr ssharuho]dc s ,n ~, .... r c, sc,l. IrD,ycrducsn.~bl={nlhc _ Seller's shnrcl,H~rs. Ibc "l~,rl~rnncc I'crin~" dcscril~d irt ~n~crn~h I~ shall ~ dccmcd tn IcmHn~tc on Jnnunry l. I~O~.. I:~,rLhcr. Seller r~prcscn~ and ~rr~nts to ~ycr Ih~f ]~ d~c~ not ~C~crnc~tt end lo co~tsu~mulc tl~c t~n~ct[on cnnlcmpratcd hereby; (iii) 'llHs ^g~¢menl has ~cn duly and validly execuled and dcHv~r~d by S~llcr and this ^greement co~sthulcs the valid and lel~nlly binding obllgndon orS~llec (~v) Seller is n "Un[lcd SIa[~ i)crsof~'' ~,v{thi~ tl~c n~c3n;n~ orlllc h~tcrnar Rcvcn]~c Code or I r)S~, as an~cndu~]; tv) ll~crc arc no porH~ in ~e~sion orany lX~nion oi'~h¢ Pro~r~y other tv;) Tide to the Propcr~y is vested in SclI¢C (vii) To d~c hcsl nFS¢ller's know, ledge and belieF, wi,~o,t indc~ndcnl inv~fiC~t/on, there ;s nn "1 [~=rdous kfatcria[' (as hcrcinn~cr defined) on ~hc Prnpcrty. q'hc tcr~n 'lla~rdous ~[n~r;;:l" sh:dl mean 'hn~.nrdnt~s ~v=s~" under thc Federal Rcsn~rcc Consc~l[on R¢covc~ Acl a,d any olhcr s~n~ilnr s~:~lc or I,~cnl fa~vt or 'haz:~rdous s~d~slanccs" under Ih¢ Ccmprthc,sivc Envlronm~nzal l{c~l~n~ Com~Hon and Liability Ac~ and 3~ty ozhcr similar o: Iocal la~vs ~nd hydrocarbon (p¢lru[cum) con~nminaHon; and (viH) Durin~ Ibc Icrn~ O~lh{s A¢rcemcn~, Seller shall mainlain the Pro~y in subsr:nHn1~y iht snmc condiHon as exists n~ Ill~ Ii,ne o~l/~c cxecul[on o~l[tls A~rccm¢nL (b) Btzycr covcn~n~s, rcprcscnzs and ~rrnn~s Io ScUCr as Follows. Io wi~: ti) Duycr is a cnrporaHon d~ly rurmcd, validly ~xisHn~ and in Eood standin~ under d~¢ I~ws or Iltc S~zc or Florid3; i]]spcclion ur H~c Ihopcrty (or any i]:tr{ thcr~jO shah Ix: al the ~ulc cost or [3L~ycr ~11 ~rrnrmcd in a n~n~mcr so ns nol I,) h~zcrrcrc ~vhh Seller's ,~c nrlhc Prn~ny and any law or reg,,lull(., u~ any guvcr~H~C~ll~l nt~th~)rizy [11TM c~'~Hdctic)~ o~ s~ch c.x=mi~l~on or lest, Buyer shall rcslorc II~c Pro~c~y to st~tn~tlinlfy ;ts ~omlcr conditic~n. ifs cnp o'/c~, ngcnls ~nd cunlractors si]all cnlcr on thc Prnpcrly at lhcir o~vn rTsk. =~d nol ~ liable in ~ny way For any dnm~c, inj~/or ac{ slz~crcd hy s~ch ~;~. In order D~ycr's il~:~cliun o~ H~c PrO,Fly. ~hhin Ica (I0) days ur Ibc ~cc{[vc Do~c. ScHcr shnl (ii) 13uycr h~s (l~c Full r[g~, power nnd nud~ority to acquire thc Propc~y =~d does nol ncc~ nny rurlhcr conscill.% joindcrs or aulhoriz~Hor~ From ~ny ~o~mmcnl~l or p~lc cnHl~, c~rpnmlio~, p~r~ncrship, firm. indivi~hm[ or nlhcr ct~Hly In cxccIHe, dc[ivcr ~nd ~rrann ils (iii) ~s A~rcemcnl h~ ~en dnly ~nd v~Hdly ex~u~ed ~nd delive~d by ~.yer ~nd Ibis A~rccn)cnZ consH~ulcs Ihe v~l~d and ]e~lly hindin~ obligation or D~yer. I~ H~c Pr~)pcrly nl nil llmcs su[~scq~c~ h) Ihc EFFcclive D:~c urihis A~rccmcnl Io: (~) in.~pcc[ Ibc ~';slc siudics, und I~ n~;~kc s~ch uther cxmtdnnlions wld~ respect thereto =s [l~ycr, it: ];ceased c ~g ricers, s,rvcynm or oihcr ~prcscnm;;ves mn)' d~m m~n~qhly n~e~. ~.)'cr ih:: ii sh~ll nol in;crFcrc wid~ Seller in cnmtcct;on widl Zl~ lcsls nnd ;ns~c~o~ Io ~ ~rrom~cd hy Buyer and Duycr shah con]net Scl~cr ;o conrd;nnze any n~ch ;nspcclions. Any tcsL% cxnm;n=ilnn~ or ins~cHons OF thc l'ro~y hy ~n)'cr nnd nil cosls nnd cxl~nscs in connccl;o~t ~vil[i Buyer's 3t~yer :,c FE B 2 5 1997 Gcililntc dclivcrl~. ~ ll~yer all c.xislhlg cngh~ccr~g pi:ms, snll .~lu(llcs, em,'ircmmcn!:~l sl.~ics, plnls nmi any olhcr Pm~r~y hy ~uycr nmi cu assign lo ~cllcr nt~y nmi all a~mct~ which lhJycr !~ c.~cmj(~ with hohlcrs oF Ibc I'crmittcd Claims dur~n~ thc Icmt ~r I]~is A~rrcmcnt. ~cller o~r~s Io consent tn Oovcmmcnlnl Appro~ls do m~t m:lcrlnlly a~vc~cly n~ct thc v~lue o~ thc Buyer hereby hdcmnh%s and holds Sc;Ici furc,.'cr hnmdcss from :,nd ag:iasc any and all luss, c~rn.'~gc, judl;tnenLs ~nd cl~in s, b~ch.linL~, '~v~lhoul Ihlthntion, all rc~o~blc nllomcys' Fc~ and cou~ c~s~s thru.~h ull Irial a.d npl~llatc levels, misi~:~ in c~m~cctiun with ~ly inj.G, tu ~,s or properly, arisi.~ out oF ~uycr's htsl~clluns or tests oF thc Propcrly conlcmplated by this Clns;~. Thc Clusing contcmpl~lcd hereunder sh~ll take pl~ce nt the o~cc~ Buyer's atlomey -',t $~11 Pcllcan Bay Boulcv-Jrd, Suhc 210, N.'qtlcs. Flnrld~ 3196.~ or ~! such Iocallon ns Buyer and Seller may .1~r¢c. ']'hc Closl.g shall uccur on or bcfi.trc Jul), 3 I, 19Yh ('Closing D~lc"). Closing: Ca) ~,uyer shall pay thc Followln~ costs and c.xpcnses itt conncctloq with the (i) Thc costs of recording thc St:2ttltor-..~ w'~n-3~ty dcc~; (il) '~c cost oF~he Comn~itmc~t ~nd fl~c premium payable For thc O~cr's ~licy or'rlclc ]~.m.~ issucu purst~ant In Ihe Commitmcnl nnd any cndorscmcn~ thcrcto: (iii) ~c cost oF~ll documentn~ s~amps r~uire~ by I~w thc s~uto~ w~nty deed. Title. Dc feets. Seller shall pay an), n:cord[ng costs incurred in co:~ion v4th corr~41nC -',ny Cc) At lite CInsini~, Seller sh~ql deliver to Ih~yer 3 statutory w'arr-~nty gccd for th~ Properly, n ~uhcl~im AssiDm~cnl nF oho Agrc~mcnls (m~c~hcr wi~h :I1 ori~nnl copies oF suc,i Agrc~mcnls in Seller's po~m0, I099S ~i~rling Fume. FI~I"FA A~dnvi~ ~nd ~ mechanics' lien. ::u party in po~css/on 3~d~vi[ and nlhcr rc~son;tblc n~t~ c~sl :mn~ rcqtHrcmcnls For thc Title Company ~o he =blt (o issue Iht ownc/s lille ~licy In lluycr. Al Iht Closin~, ~uycr shall deliver ~hc C~h P~ymcnl, ~ adjusted hereunder. B.ycr mid Scllcr shull bo~h cxcculc a Closin~ S~alcmcnt in cus~om~ form al thc Closing. 10. Dot"auld. Ca) It' Buyer shall dcFauII in any oFthc [trots, covenants and/or pmvlsions oFthls Agreement on ~c pn~ oF Buyer tn he perfumed after fen (I0) clays wrlttcn notice te Buyer anti ~nt:nil). or Buycr lo ct~rc such dc~tult. Scllcr's snrc ~ltlC~l3, shnll ~ Io rcnnlnnlc this ~r~,me,ll mid Seller shall not have Iht right lu s.c fi~r dnmngcs, v, hcn:~tl~m this Agree|neat sh.'~ll Ici H~c parties shall hc relent<cd of all timber ohllgnfinns each h~ Ih¢ mhcr, -',nd Ihe DoDo ecl/voted ~o Seller ~s Seller's llquldutcd damages fur Buyer's ~ ¢l~uh hcrcu.dct, it ix:lng t ~nd :',greed lhat Seller's clamnges iii thc event o~' Dreyer's dcfa~,it ca. nnol I~ nsccr1 rcasonab!e ccrl:',in~y at this time. ' : irmtc nr~GEH'D~ ITEM ned FEB 5 1997 (b) IrScllcr slmlI tlcC"mll in nny ul'lhc ten,s, covennnts -',nd/or provisions pi'this AI;rcczncqt on Iht part or Sc~rcr Ir) hc pcr£mmcd, al'Icy ten Il(J) days ',vrillcn notlcc t. Scllcr nnd opporlu, izy pi'Sci]ct in m,rc such dcl'.',l:h, nl B,ycr's oplhm, I]uycr nmy scck Io cnl'urcc s[',cciFic pcd'on,:mcc,ol' Seller's obHgn[iuzls hcrcumlcr, nr linc DcposiI, I,gclhcr with inlcrcs[ Ihcrcon, si]aH Ix: murncd lo Duycr upon dc'my, nd: hn:v~vcr, I'Juycr may nnt suc For dnn'mgcs. I I. J"4nllc~. Any nolicc rolu~rcd ur pcnnhlcd tn hc gl,.,cz~ hy tile terms ol'lhls A~rccmcn! or under ~,ny npplic.'~ble law hy cid,ct r'..'~rly shall be in ~vrhlng nnd shall bc clthcr h~nd ddivcrcd or s~,l by certified n~.,il, po~lage prepnld, r~tum rvcclpt rcqucslcd and slmll be dccm~ dclivcrcd O) bushm, ss days -',flor bclnlt m-',iled or up,on I~nd deliver:,., to thc -',ddrcss indicated. Such written notice shall bc addrc.s.sc~ ~ yellow, as: As tn Buyer:. Wid~ a copy to: As to Seller: With a copy tn: ~cro'.v Agcn( Runlo hlann~cmcnl Group, Inc. 277 hi. Collier P. oulc%'nrd Second Fluur Marco Island, F~orldn AIIJI,: J~mcs ~.I. Rcindc~ Fax: (94 I) 394-3 Rud'cn, &IcClosky. Smhh, Schuster & Russell, P.A. 200 E~l Brow.',rd 13oulcvard, l$1h Floor Fort Laudcrdalc, Florid.', 33101 Attn.: ~J'ohn I.. F~,rquhnr, 'Esq. Fax: (~54) 764-4996 laln NI. Anderson 23S3 Gull'Shnrc Boulevard Norlh Naples, Flnrlda 33940 I'honc to Fax: (9.11) 261-8765 Gmat. Fridkin & Pc,arson, I'.A. I'clicnn flay ("nrpornlc Ccnlrc SS.SI Ridl~cwaud Drive. Suite Nnptc:, F~orid~ 33963 A{In.: Richard C. Grmnz, ~q. Fax: (941) 514-0377 Grant, Frldkin & Pearson, P.A. I'clican/'lay Corporate Centre 5551 Ridgewood Drlvc, Suite 50 I Nnpres, Florida 33963 Attn.: Richard C. Ormll, ~q. Fax: (941) S14-0377 tmlc::ss thc :ddr:,:.s is changed by tile party by llke noLicc gi,,'cn to thc oilier parties. Notwithslar.Ji,lR thc I'orcgninL:z, noliccs, r,"qt~csls or dcnm,.nds or oilier commmHc,utions referred [o in this Agrecmcnl may bc scat hy tclccoplcr or Fedcrnl F~x prc.-,.s, hut shall rally he dccmcd lo hnvc J~cn given whcn r'cceived, llm p:',rdcs herein ~gr~c Ih.at nnl[ccs, rcqucsLs, dcmnnds or od:ct cumlnunicalion, s rcrcrtcd ~o in this Agreement m:',y bc given by Ibc attorney for sltch p-',rty on bch~ll'or'lhc parly. 12. Attorneys' Fe~s. In Ihc cvcnl il I~comcs necessary lot clthcr party to enforce Ibc Icrrns of ibis Agreement, tile prcvniling p:,ly sh:dl he cnlhk'd tn rccnvcr rcnsonnb c altorn~ys' fc~GENDA I~M and co~'ls through all trial, appellate and p,sPj,dgmcpl pmcccdlngs. ~ N,. ~ ~3. c~,,~,o~. Sho,,U~,,y:~..~.,,,,~,,,~,,~ixh ~;,,~,~,~o~.or~o.,~,~,~EB ~ 5 1997 Intl,=lc cmlncnl domaM proceedings prior In Ibc :hnc or Ih: Closing hereunder Io cond[mn ~y~ . · portion oF d~c Property, Buyer, aL its spic option, may clc:l lo: J ~ ~/ . ~o ~ull,,:r v,'hhin I~11¢c:~ (1~) dn¥~ Mlcr mnillc~d~n ~nd' d~¢r',:-'d'~cr r,:¢cJvc hock Ibc I)Cl~$ilo IO~¢lhcr ~vJlh J~lC~$1 Ihcr¢~n, ,.vlu..:r~.-Ul~r~n IhL~ ,A,l~r~:c.~,:nI '~hnll ICr~i:~,~lt ~! Ih¢ ~nrlJ¢1%%'?.~ I~c: rch::.~,:d ~11 I'~r~h~r ohlil~:~lj~nI cm:h lu I1~¢ olh~:r, crx¢cp~ ~,¥JlJl rc~nrd Io lhol¢ obljl~:~lj~n$ ~,hh~l~ Icrmin~ljorL o1' IhJs ^l~r¢cm¢~r~ ~r I~. ~. '11~ ohlJg~lJnn nr~t~ycr 1o clo~ Ih~ Imns~clJon sh~choldcr m~or Uo~rd u~ Dircclur conscn~s m~or r~c~lu~Juns wilh rcs~cl Io Ibc cxcculJon dclivc~ oCllt{s A~r~m~z~l ~nd ibc cunveym~cc oFI]:c I)ropcny ~nd A~rccmCnlS j~ accordm~cc ~l]z ~ln~no ,nBrcc~ Ihnl dllr][l~ thc lcrl~l o~ Ihj.~ ~rcc~lc~ll or, il' ~II)'Ct mils Io closc or Icrnljn~lcs IJlJS A~rcRlllCli[, rot lJxl)' (6~) (l~ys ~cr any such cvclll ("l~or~mncc Pcriod'g, B'l~no will ~orl)c~r from purl~Jn~ ~ny or ils rJBhls ~nd rcn~cclJcs ~vJlh rcs~cl 19 Ihc cn~orcc]ncnl o~ ccrl~n ~[nrl~c l~c:~ ~ronl Seller Io B l~r~mL dnlcd July 23, I gui, ~n(I ~cordcd in O~cJnl Rcconts []ou~ I S~,~, l)~jc 2]]], ()~l[lc Public I~cc()rils orColiicr Colmly, I:lorid~ cncumbcrJn~ [Jlc P~pcrb. C~c No. 9~-05'11-Ci~-01.C'I'C. ~l~rnnn [i~rlhcr ~rcc~ nnd slJpi~l~lcs IIl~[, ~ fl~J~nll~ l, lU96. Js sccJirc(I By l]]c ,%J~rm~o B~cJrlB~ is I:IVI] NIII.I.ION ONI] ~UNDRED 'I'IIOUS~N[) ANI) 00.'100 I)OI. LAI~S (SS,100,000.0O) (ibc "Mnr~no Indch~mlncss'~. Furd~cr, ~J~rano ~c~ IJl~l ~crc~n~ (103~) pcr ~nnun~ ~rom ~anu~ I, I ggd lo lh~ ~ll~J or II~c Por~R~nc~ Period. ~cJlcr ~Jso ~rcc.s Ill;It (Jllr[ll~ [~lC Porl)c~mncc ]~c~)d, Seller will rorbcnr cx~rc~sJnC ~ly or ils rJ~hls ~nd rclllC~JJcs under Ibc ~J~lll) ~lort~Cc. NolhJnc JlcrcJa container[ ~hlrd parries rcMdn~ ~o ~he Propcr~y. Id. ~. Ench pnrzy. ~H~n dcnmnd ~d ~Z Ihnl p~r~y's own cusJ, cxcc~:~c ~nd dc~iver ony m~d ~[I ~ HZcn ~nhcr ~ssumnccs IJlal nrc ncccs~, convcnicnz, ur dcsimblc to ~v ~cncc compieje or pcrrccz Ibc lmn.~nCl~on COnlemp~nlcd hy Ihis Agrcezncnl, sn Ion~ rurd~er ~umncc opcrn~cs Io imposc nny nc~v nr nddidonnl linhilily u~n ony pnrly, 111c pnrd~ ~ill so ~:ronn ~I1 od~er ~czs ::::~ ~re ncc~ssory, convert[coz, er d~imble rot ~ny sucil pu~sc, so Ion~ ~ no new or addHJonal liabilities nrc incu~cd. 17. ~. ~e "Effccdve D~lc' ~ uscd hcrc[n sh~ll be Ihe d~ze or l~sj o~ ~uycr ~nd SeHcr signs Ibis A~rccmcnz. [ 2 ~i~]j~. B~)'cr ~hn[I hove IHt rl~ht (~vilhn~l Scllcr's prior cnn~c~ I]~s A~rcc~cn~ ~o m~y cnd~y ~vhich is rcl~zcd zo II~ycr, Irllnycr dc~lrc~ Io ~ssi~n fids ~o ~ny p:~y who is nol rc~nl~d zo ~zycr, ~u)'cr shnll oh~nin Scllcr's col~c:~, ~ hich cons~ bc unreasonably buildh~s in Florid=. Addltionnl h~fnrmation ,c~ardh~ r~dun and radc~ t~th~ may your courtly hc~hh uniL 20. Ho P, ecnrcHn~,. Buyer shall not record tiffs Agr~¢nlent or any mcmo~ndum or its Ic~s m~d hereby indcmnifi~ m~d hol~ Seller hamflcss fi~r nil In~% cost or c~pc~e, including, but not limhcd I~, attorneys' ~ccs m~d cuurt costs through nil trial, ~p~llalc nnd ~st-jud~mcnt p~ccdln~s ns Iht result oF Buyer's hrcnch oF thc pmvishms oF this Paragraph. ~c pmvisio~ oF this Paragraph shall survive fl~c Closh~ or cnrflcr tcnnjnatJun uF this Agreement.' 21. ~'~rr'.e {s oF fl~e F.~cn~'. For purposes henfin. Ibc pnrllcs agree II~t time shall b': o~' Iht css¢:~c= nf this A~rcenlcnt. 22. ~L~.~[~r~h I lendln~s. Captluns :md paragraph hendlngs conla{nc'd in lh[s ^greemcnt arc Fur cnnveniencc and reference only and in no w~y define, describe, c~tend or Ii,nil thc scopc or i~llczlt oFlhis A~l'~czllcltt, nut thc intent of any provision hcrcn£. 2]. Nn Wnlvcr. No ~[vcr urany pruvlslon nl'th[s ^gr~:mcn~ shall be eiTccfive unit. ss it is in w'rhing, s~gned by Ih¢ pnr~y ngninsl whom il is ~c~cd nnd any such ~iltcn ~[vcr shah only ~ app;ic~hlc [o thc s~c~fic i~[nncc to which it ret=rcs nnd shall not ~ dccmcd In ~ ~ continuing or Fuzurc ~(vcr. , _~4. C'olffl{ernnrts. 'J'l~is ~grcetttcnt n~ay ~c exectrlcd in one or nlorc countet'p-~s, oF which shall bt deemed In bc an orlcinal, but all oF which sh:~[1 constitute one and thc same A=rccmenl. Fncslmilc counler'p=rls of Ihis Agreement shah bc valid. 25. ~..~. This A~.rccmcn( shall in,re lo the bcncfit nrand shall he bindin~ ~,pan Iht parlics hcrelu and their respective hcirs, personal r~prcscnlativcs, successors and assigns. 26. (";,)vcm[n~, T.,~'.y. This ^~n:cmcnt slmll hc c-nsmlCd =nd illtCr-Drclcd nccordin~ fo thc orthc Slum oF Florida and vt,mc with n:spcct lo nny litiguliun shull hc cxcluslvcly in Cnllicr Cuunty. Florida. 27. C,¢ndcr. All terms :md words used in lifts Acrccmcnt rcRardlcss ot' the number ~¢nder in which used, sh.'fll bc dccmcd Io include -',ny other gender or number ~s Ihe conlcxt nr thc ~e d~ereormay rcqulre. 2g. ~lltlrc ^,rccmc:L[. '[ his ^=rccmc:)t cnnt--,~ns ::nd scls £urth the cntlrc undcmtnndlnL,. ~twccn Seller nnd Buycr, and it sh~l[ not be chon~cd, m~lificd ur amcnd~ except by an instmmcnl in ~iHng ~d executed by the party 3gnillst whom the enFu~emcnt oFany such chnnge, m~lificatiun or =mcndment is soughL 29. Relationsl!ip. Nothh~g cnnt:~ncd in this Agreement shall conslilutc or b,c constnted to bc nr create a p.'~m~crship, joinl vcmt,re or m~y olhcr n:laliunship between $c[Icr and Buyer mhcr than Iht rel.',Honship of n buyer -',nd seller at' real ,,nd personal property u set £orth in tiffs Agmcment. 30. Jo[al Pre,oration. The preparation orlhis Agreement has been ajninl effort of'thc ponies a,d d~c resnhing documenls shall nnl, sorely as a molter oF judicial cut,traction, ~ cn~fmed marc severely against one of thc parfics Ihnn the od~cr. ~ 3 I. l'lrnkem?~. The parllcs licrcfn each teprcxent Ia thc olhcr that there were in.,~lnnnc~Hal in Ibc prncurcmenl oF Hfi.~ Agrccmcnl or thc Irnn~nclim~ cnmcmplnted hca nnd Buyer hereby indemn~y m~ hold c~ch nlhcr harmless frnm and ngnlnsl nny cost. Fee: claims nnd liabilities, inch~din~, but no~ limilcd Io, reasonable a,ameys' a~d parn[cgals' out of any c~nin~ or demand or threats oFc~aim ~nade by any broker or s~fcsrncn or D~nl uFSUl~rvis.m uFlhc Cummunily Dcvcl,pmcnt District alTcclin~ thc I'ro~rty C'CI)I)~ t,, ~i~n :,~d sld~all~-ntly rcpl~cln~ sl~h mcml~ with mcml~.m oFS,~i~um ~Flhc CI)I). l:m fl~cr. ~cllcr n~rccs llml by fl~c Cf)I), Scll~ shull ~1 hs v~c(s} as dir~cd hy lluycr. IN WITNESS WI IFRI'OF. d~c parties hct¢lo have cxcct,!cd this Agr~'cmcnl [l~c dny -',nd year sc! forth below. WITN-----~SES: SELLER: DOVE POIN"I'E DEVELOPMENT CORPOi%ATION. a Flurid,, c~cT:orntion Namc://. M. ,'~,~'~:,'~,,.')'~' Tillc: ~lcmbcr of Sh-',rcholdcr CommiHce, no! personally but ~s Agen~ N:me: 'l'iflc: lvlcmhcr oF 'Shareholder Commht¢c, nui pcrson.',lly bu! as Agen[ Name: Tidc: Mcmhcr of Shatcholdcr Commhtc~, not ~rson~Hy but ~ A~cnt BUYER: ' RO~, ~AI't,\GEMENT GROj22-~NC.. a Florida cqrlf6r=!ion _.. i- AGE D " 2 5 199; c; W (", ' r N GRANT, FrCIDKIN & PEARSON, P.A., accordance with the foregoing Agreement. hcrcby agrccs Io ac! os .Escrow Agcnt GRANT, FRIDKIN & PEARSON, P.A. Date:. G£NDA ITEM. FEB 2 5 1997 EXIIIflIT locaal D~criptlo,~ otr l'roi-,crty AG£ND6 I~EM, FEB 2 5 1997 ,~. _~:~ ^ in&reel o~ lanO lying in Section 28. Township 48 ~:nt~th. Range 2~ EalC. Collier C~nCy. E~sterly ~i~c o: the Northeast ~,arcer [tie 1/41 OC said Section ~1 ~ot I distan¢~ ~: t00.0a (eec co an intersection with the Southerly ri,jh: o: ~ay ~ne o: I~alee Roar: IC.R. I~GI: thence South 19'%0'00' ~esC along So~:herly right o~ -ay line %~c a land: thence leaving ~aid Southerly tight O~ ray line South 03'04'0&' East for ~iscance o: ~57~.33 feet: chef,ce IJorch 1~'0~'3:' ~asc ~ot a dtJtance o~ Itl0.~l 2R; che~c~ Soucl~ 03'05'4~' Rase 4tO~oche Easterly ~ine ot the S~chca=c ~atccr 1/41 o~ said Section 28 ~or i di.~:ar~ce o{ ~&9t.~8 {eec [o che Southeast cot-er o{ r Section 28: chance South I~*I~'04' ~cIC alo~g the Southerly line ot the said corner o~ the said Soucl~eas: quarter (SE 1/t) o~ Section 2e [or a distance o~ [e~c :o :he Southwest Corner o: che said Sou:haas: ~arcer fSE t/4} of Section chcn:e ~orch 03'05'0~' we~t along Lhe Wes:er~y line o: the Ease hal~ {K !/2} o: said Section 28 ~or a distance o~ 3312.14 feet Co the Southeast corner o: the test h~lt Ig Northwest quarter [~ ~/¢) o: ~atd Section ~1~ thence Snuth 1~'[0'03' ~e:t alon~ line :or a dis:ante o: &&8,SS {eec :.o an intersection ~lth :he Northerly line ot :rac:~on; t~cnce North ~'0~'4~' ~as: along said ~orcherly line {or a distance O{ 3)0.2~ ~e~: :o a~ ln:crseccion ~iCh the said ~s:erly line o: the ~as: hal: {E 1/2) c~ Sec:ion 2~; t~e~ce North 0]'0S'O~' ~es: along ~aid ~es:erly line ~or a discanc~ t~ tl]~.to ~e~c to an i,~cersectton vtth the a:oresaid Southerly righ: o: way lttl~ c~ :~kalee noad {C.R. 84&): :hetlce tJorth ~9'I0'00' gas: along said Souc~erly l:nc ~...r a dis:ante o~ 661.26 ~ee: Co che Poin: o{ Begirming, Le~s and excep: the Eollow[ng described parcels: A ~arcel o: land ~ytng [n Section 28, Township 4B South. Rang~ 2~ ~asC. Collier County. Florida, ~a[d parcel o~ land being ~re particularly describe~ as Co--crating ac the Northeast corner o~ ~41d Section 21. thence SOuth 03*0S'IS* ~' intersection with [he 'Southerly right oE way line o[ l~kalee Road (C.R. 14&). th~',,. South a~*t0'O0' ~e~c along laid ~outherly right-or-way line {or a dtetance o~ 19al :eec. thence [eav[~9 said So~:heriy line South 03'05'21' EaIC for a distance ot 2~, ~eec thence South 8~'54'33' ~es: ~ot a distance o~ iii.l? ~eet to [h~ Pol~t , t ~:g:nn~ng c~ the herein described parcel o: tend. laid point being a pol~,t ." ~n~e~s~c:ion uLth a non-tangent Curve ~ton ~htch the radius porn: bears South Tl'r~' T~ence Scutherly along laid curve, concave ~esterly. having a tadtul o[ 412.00 · central nngte o~ 0~*0~'2~* ~or an arc discance o[ ~0.2~ ~ee~ co a pot,~c .~ tn~trs~ctlon viC~ · non-tangent line; cheat, Sa~:~h ~9'22'S1' Hes~ ~or ~ d~sK~nce o~ 140.02 ~ee~ co n pol~ o~ ln~ersecc~,~ with a non-tangent curve iron ~hich the radius ~oint be3tl South 71'1g'S6' Nest; Thence ~lor:her~y a%ong enid curve, co,:cave ~sterly. having a radiul o~ 342.00 a central angle o: 08'0B'54' :or an arc distance o: 48.64 ~ee: co a point o[ reve:g~ Thence ~crtheasterly alcng said curve, cot, cave Sou:heal:lily, having a :ad[ua o[ ~ee:, a ce~:ra[ angle o: ~'1t'4~" tot an arc distance o: ~1.3~ teac co a ~[nc ot :angen~; Thence North Tg'22'5~' ~as: ~or a dis:ante o~ 12g.15 ~ee: Co the Point o: Beginning; N~: The above aat~ parce~ being known as ~T ~. B~ B, Or ~R PROPOSgD P~T OF: PO: NTE Florida, said parcel of land being ~re particularly described al :ollo~s, ~[NDA~ F×IIIDIT "A" Thence Southerly along said curve, concave Vestetty. having a radius o! a tenors! a,gle o[ 00'44'31' ~or a~ arc distance o~ ~.2& ~eec Eo a ~[nc o~ canq.' ~ence S~:h t0'3~'05' ~a~t ~ot a distance o~ ~3.T4 ~ence South ~e22'5~' ~e=t tot a distance ot 110.00 ~eet; incersec:~on ~ith a non.tangent line: ~ence North 3~'22'51' ~as: ~ot a distance et 140.02 ~eeC co the ~lnC o~ 8eg~nnir~ A parcel ot land lying in Section 21. Tovnship 41 South. Range 2~ Case. Collier Florida, said parcel ot land being ~te parcl~larly described as Co~enc~ng ac the Hor~heast cornet o~ said Section 28. thence South 03'05'15' along the easterly line o: saLd SecttoK. 21 ~ot a ~[stance oE 100.01 teec to ~ncersecclon with the Southerly righc-o:-~ay ~[ne o~ Z~kalee Road (C.R. Iq&l: then:~ South a~'I0'00' Nest along sa~d Southerly right-of-way ~[ne :or a d~stance feet: thence leavLng eald Southerly line ~ouch 03*0S'27* [a~c ~ot I d/~cance o~ 404.)4 leer: thence South I&'54'33' ~tesC tot a dtscance o: 19.gO ~ee: Co the Point Beginning o~ the hecein described patce~ o~ land. ~ence South ~0'3V'09' ~as: ~ot a dlltance Of 125.00 Thence South ~9'22'$t' ~esC ~oc a distance o~ 140.00 ~eeC; Thence North 10'37'09' Nest tot a distance ot 125.00 ~ence ~or~h ~9'22'5~' East ~or a dtscance ot ~40.00 leer to the Point ot aeginni::; N~: ~e above eald p;r~el being kno~ as ~cs 3 and 4, BIock B ot the proposed plat oI ~ve PoUnce FEB 2, 5 1997' ASSIGNblEN"I'. "AGREE~IE.qT FOP, I'LII{CI. SE AND SAI.:.: FOR GOOD AND VAI.,U BI.E CONSIDERATION, the re,:..~t and sufficiency ofwhi .: hereby neknov,'iedged. RO,";; ~ MANAOI"MENI' GROUI.~, ]: J., n Florida corporati I..:xssignor"), dne.~ hereby a.~sign an,i .~el over unlo RONTO DEVELOI.','..IENTS NAPLES, INC. Florida corporation CAssignc¢"), all of its right, title and interest in and 1. That certain Agreement for Purchase and Sale. dated as-ofMarch 30, 1996 by between ,\.~signor, as Buyer, and D(.')VI! I"OtN'I'F. DI:VELOPMENT CORPORATION, as Sell, including any ame,dments lherelo (collcclivcly. the "Agreement"): 2. All deposit montes and nny other nmounl:s paid by Assignor pursuant Agreement. By execution hereoL Assignee hereby uccep~ this Assignment and hereby agrees to assun and perform each and evew ohtlguthm and duty nfAs.~ignor under the Agreement, all with the force and e~%c[ ms il'Assignee had ~igned the ,3greement nriginnlly, n~ thc Buyer atoned IN WITNESS WI IEREOF, Assignor n,~d Assignee have exe=uted this A~ignment day almay, 1996. Signed, sealed and delivered in the presence ASSIGNOR: RONTO MANAGEMENT GROUP, INC., poration a Florida c.o5 . ASSIGNEE: RONTO DEVF. I.OPMENT$ ~,\PLES, INC.. a Florida egrporation ..' .' Name:_' _.X i ,, '. / f~_~'~,~ () g~ - Title:_ AG£ND& FEB ~ 5 1997 AGENTS AND CONSULTANTS Agents - Please direct correpsondence to both agents Agnoli, Barber & Bmndage, Inc. Ann: Bruce J. Siciliano, AICP 7400 Tamiami Trail North, Suite 200 Naples, FL 33963 Phone (941) 597-3111 Fax (941) 566-2203 Donald A. Piclcworth, P.A. 6811 Pelican Bay Boulevard, Suite 210 Naples, FL 33963 ; Phone (941) 591-2700 Fax (941) 591-2706 Engineering, Surveying and Planning: Agnoli, Barber & Bmndage, Inc. 7400 Tamiami Trail North, Suite 200 Naples, FL 33963 Phone (941) 597-3111 Fax (941) 566-2203 FEB 5 1997 EX]~I ~ IT C-I A parcel o~ land lying in Section 2l, Township 48 South, Range 2& East, Collier Count),. Florida. said parcel o~ land be~n9 ~re particularly described am ~ollo~: Co~encinq n~ ~he Hor~ihe~s~ cot,~er of ~[d Sec,:on 2~: the-ce Sou~h 03'05'1S* gas~ along thc 100.0a [ee~ :o an intersection .l~h the Southerly ri,jh~ o( ~ay line o( l~kalee Road [C.R. lt6]; thence Sou:ii I~'lO'O0' ~s: nlong 5oucherly right o~ ray line rot [and: thence teavi.g ~a[d Southerly t[qh: o: way line South 0)*04'06' ~as: :or a to an intersect:on with the said Easterly line o[ the Hoc:hens: ~arter (NE 1/41 Section =8; thence South 03'05'[5' Eaa: alo.g said Easterly line :or a distant: thence Notch 03'05'09' ~e~: along Lhe ~esterly line o: the Ea~c hal: (E 1/2) o[ laid 1/2) at the Northeast quartet (NE i/4) o~ the Southeast quarter (Se ]/4) of the Northwest quarter (N~ 1/t) o: said Section 21; thence Souch 15*lO'O)' We~C along Southerly line o~ said fraction [or a distance og 330.29 (eec to an intersection with the ~esterty ~[ne o: said /rac:[on: chance Norcl~ 0~'04'51' ~es: along said Nester:y line [or a dt~ance o: ~68.55 ~eec to an intersection v[ch the ~ortherly line o~ :tacO:on; thence Notch 19'09'42' East along said Northerly line for a distance Section 28: the-ce North 03'05'09' ~esC ~lo.g said ~escerly line ~oc a distance l~kalee Road (C.R. I~&): chance No(ch I~e~O'00* ~ls: along said Southerly lin: a distance o: 661.26 :eec to the Point o: Beglnni'9. ~e~ and except the EottowLng described parcels: A parcel o~ land lying in Se:cLan 28, Township 48 South. Range 2~ ~ast, Coil:er County. riot:da. ~a~d pat:et o~ land being ~e particularly described as Co~enc[ng at the Nor:heas: corner o~ said Sec:ton 28, thence South 03'05'~5' atong the Eas:etty line o~ said Section 2a Jot a distance o: 100.08 Eeet to intersection with the 'Southerly tight o: way ::ne o: ~ka[et Road (C.R. 146), the,-' South 8~'10'00' wes: a[ong ~a[d Scuchetty rLght-o~.way :the ~ot a distance o~ 1~81 ~ee:. thence tearing said Southerly line ~outh 03'05'=7' ~ast :or a distance o~ 2~.,,:. :eec thence South 8~'54'33' Wes: :or a al[sconce o: )[~.17 :eec to thc Po[-c Beginning O~ the her~tn described pat:el at [and, said point beta9 · poL,,t tnte~sec:ion ~[th a non-tangent ~ve ~tom which the radius point beats South l~':a' I,.' ThenCe Sou:hetty along enid curve, concave ~ea:etly. having a tadiul o~ 482.00 ff m central angle og 07*09'2&* gO~ an arc. distance o~ ~0.21 gee: to a pain: tn:ersec:ton ~[:h a non-tangent chance Sou~h 19'22'S[' West gar a distance of 140.02 feet to a point o~ inCersectto. with a non.tangent curve :rom which the radius point bears South 7Se[f'S&' west; a central angle o: 08'08'54' :o~ an arc dl~:ance o: 48.&4 :eec :o a point o~ revs=s= Thence No~:hea~:e~[y along said ~rve, concave Southeasterly, havin~ a radius o: 10.00 tangent; Thence ~or:h ~9'22'51' Eas~ ~or a distance at 129.~ ~eet to the ?otn~ at Beginning; N~E: The above enid parcel ~elng known aS LOT l, BLUR B, Or THE PROPOSED P~T Or L.. POINTK parcel o: land lying tn Section 2Q. Township 48 South. Range Florida. said parcel o: land being more particularly described intersection with the Southerly , I.ht-o~-way line of l~moXalee Rood (eet~ thence leaving said Southerly line South 03°05'21' East [or a :eec; thence Bcg:nnin~ of IColl AGENDA ITEM .08 [eec to an R. 145)! Sou~h 8~'54'33' Wes: for a dtmtnnce of ~S.I1 feet to the Point o( PARCEL A Thence Southerly along said curve, concave Nes:erl¥. having a radius oC 412.00 a central angle o{ 00'(4'~1' :or in arc distance o~ ~.2~ feeC to a ~inC o~ Thence South 10eJ7'0~· ~a~c :or a distance o~ &].~ teet~ ~ence South T~'22'Si' ~es: :or a dis:anco o: 140.00 ~ee:: Thence North ~0e~7'0~e Nest ~ot a distance o: &].?~ Oeec to a ~lnc oC ~rvacure: Thence ~otthet[y along =aSd ~tve, concave ~e~:er]y. having a tad[us o[ 342.00 a central angle o: 0['02'55' Jot an att distance o: $.2{ :eel to a ~tnt Interjection ~[th a non.tangent ~ence North ?~'22'5l' test :or a all,canoe O( 140.Q~ ~eeC Co the Point et N~r: Tl~e above said parcel be[ng knovn as ~c 2, OlocX B, oC the pto~sed plat PoinCe A parcel o~ land lying in Section 21, Township 48 South. Range 2~ East. Collier Cou: Florida. said parcel o~ land being ~re particularly described a3 ~ollov3: Co~er~c~ng aC the fforthea~c core,er o~ ~aid Section 21. thence South 0]e0S'IS Intersection vith the Southerly tLght-o~-vay ]~ne o[ Z~kalee Road (C.R. 14&): then¢ South 8~'~0'00' ~esC a~ong ~ald SouChetJ~ t~ghc-o~-~ay line :or a d~tance o~ ~eec: thence lear/rig said Southerly line South 03e0S'27· EaJc ~or a distance o~ 8eg~.g o: the herein descttbed patce~ o: T~e~e ao~ T~'22'5~' East ~or a ~zcance o~ ~0.00 :eec :o the Po[~: o~ ~: T~e above sa~d p~t~e~ beLng kno~ as ~ts 3 and 4 B~X B ot the pro.seal o: Dove PoUnce ' AG£N DA_I~ E.k~ FEB 2 5 PARCEL Thence South Thence North Thence North '/g'22'$1' East for a distance o~ lt0.a0 feet to the Pc NOT£: The above ~ald p~rcel being knovn Il Lo~l 3 1/id 4, BIoc~ B bE o~ Dove Poin~e ^ parcel o{ la.d lyl.9 In Section 28. Tovnshlp 4e South. I~a.ge 2; East. Collier County. florida, said parcel o{ ta,d being ,~ore particularly described as ~ollo~s: C~e,~cl.9 aC the Northeast corner of laid Section 31. the.ce S~ch O]'0S'IS' itoh9 the ~,s:erly l.[n~ of laid Section ~l Eot I distance o~ lO0.O8 ~eec ~o .,.. Sou[h e~'lO'O0' West ~long ~atd Southerly rl~hc.ot-vay line {or a dtetence o( I~l i. [etc. [hencc leaving enid Southerly line South 0]'0S'27' Calf ~or a distance or 27r, ,'. fee[ thence S~th 1&'54']3' Nest for e dls~once o{ III.il feet to the Poi,c ~[nn[n~ o~ the h~r~In Ues~rSO~d parcel o{ land, meld ~nt bein9 a ~-t ," inte~se~tioe~ w~th ~ non-tangent ~rv~ {r~ which the radius ~nt be~rs ~outh TI'~B' ~ence ~outh~rly aloH i~d ~rv~, ~oncavl westerly, h~v~ng ~ rad~ul o~ 4~,00 ~, Intersection w~th a non-tangent I~nej thence South 5~'~' ~elt {or a distance o~ 1~0,0~ ~ee~ to a point o~ w~h a non-tangent ~urve {r~ which the r~d~u~ po~n~ beorl ~out~ T~"I~'~&' a central angle bi 0~'08'5¢' Jot an arc distance o{ ¢8.1q ZeeC to a ~$nc o~ revers~ Thane. ~ortheas~erly along said curve, coat,va SoutheaeterIy. having a radium o~ 10.00 Eeec. a central angle o{ ~'11'4~' tot en arc dimtence o{ [~.31 teat ~o · ~tnc Ce~gen~; Thence North 9~'2~'~1' E~s~ Eot · dist,nce o~ ~.~S ~eet to the toint o~ ~eglnnln~; N~;~ The e~ve e~i~ parcel being knovn as ~T 1. B~K B, 0r ~; PROFOSED P~T 0r ' . A parcel bt [end lying in ~ectJon ~1. ?o~n,h~p il South. Range 2& ~al:, Collier County. Florida, aa~d parcel o: land being ~te particularly described aa along the Eae:erly line o: laid Section 21 ~or · distance bt 100.01 :eel to an intersection vith the Southerly , I,~ht-o:.vay line of ~kale~ Road (C.P.. 14~11 thence South I~*10'00' Neet along ~aid : 'herly tigh:-o{-~ay line {ora dietanct of {eet~ thence leaving laid Southerly line South 03'05'21' ~a~t :or a distance o{ fee:: thence South 1~'5t']3' We~: tar a distance bt fi.Il teat :o the Point Beginning o: the herein described parcel o~ land. laid point being a point Intersection ~tth a non-:origen: ~rve {:om ~hlch the radius point bear~ S~th 11'31'12' ~ence Southerly along laid curve, concave Nesterly. havln9 a radius o[ 412.00 r-,' Thence South ~0'39'0f' East Ear a d~stance o~ ~.~ ~eet; Thence South 7~'22'5[' ~esc Ear a distance o~ [t0.00 Thence North I0']7'09' Hal: Jar a distance o{ &].94 ~ee: to a pain: o~ curvature: Thence Northerly along ,aid curve, concave ~escerIy. having a radius o~ 312.00 ~r~. a central angle o: 0i'02'SS' Ear an arc distance oE 1.26 Eec: to a ~inc ,,, Jncer~eccLon ~[:h a non-tangent line; Thence North 7~'22'5l' East ~or a distance o~ 1~0.02 ~eec Co the Point O{ Oeg[,nlf~(j N~:: The above said parcel being Xnovn as Loc 2. O[ock B. o~ the proposed plat o: Oo.,~ Palace A parcel o~ land lying tn Section 28. Township 41 South. Range 2~ [agt. Collier Florida. said pa~ceI o~ Iand being ~ce Particularly described as Co~erlc[ng ac the Northeast coruer o~ laid Section 21, thence South O}'OS'15' along the Easterly line o~ ~aid Section 21 ~or a dis:ante o~ 100.0l ~eet to an intersection ~[:h the Southerly rlghc.o~.uay line o~ ~kalee Road (C.R. Ill): the~c~ South ag'10'00' ~es: alon~ ~aid Southerly right-o~-uay line ~or a distance o~ ~eec: thence leaving laid Southerly l[~te SOuth 0J'05'29' East ~or 4 di~:ance ot 8eginni~g o: the herein described parcel o: land. The~mce South 10']7'0~' /a=t ~or o diotance o~ 125.00 1~'22'S~' ~e~t ~or a distance of l~0.00 teet~ 10']?'0t' ~esc :or a distance o{ 125.00 {eel: to the fOint o~ AG£~D,~ ITEM, N~. ~ FEB 2 5 1997 nc of Oeginni~:.3 ORDINANCE 97- AN ORDINANCE AME::DING ORDINANCE NUMBER 91-102, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH INCLUDES THE COMPREHENSIVE ZONING R~GULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY A~ENDING T~E OFFICIAL ZONING ATI2%S MAP NUmBEReD 8628 BY CHA~GING ZONING CLASSIFICATION OF T~E HEREIN DESCRIBED RF_kL PROPERTY FROM "PUD" TO "PUD" PLANNED UNIT DEVELOPMENT K~OWN AS HERITAGE GREENS PUD, FOR PROPERTY LOCATED ON THE SOUTH SIDE OF IM~OKALEE ROAD (C.R. 846), APPROXIMATELY ONE MILE WEST OF C.R. 951, IN SECTION 28, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 251.46 ACRES; PROVIDING FOR THE REPEAL OF ORDINANCE NL~BER 96-55, AS AMENDED, THE FOP. MER HERITAGE GREENS PUD; AND BY PROVIDING ;tN EFFECTIVE DATE. WHEREAS, Bruce J. Siciliano, AICP of Agnoli, Barber & Brunda~ Inc., representing Ronto Developments Naples, Inc., petitioned thc Board of County Commissioners to change the zoning classification the herein described real property; NOW THEREFORE BE IT ORDAINED BY THE BOARD OF COUNTY CO~ISSi( OF COLLIER COb~TY, FLORIDA; SECTION ONE: The Zoning Classification of the herein described real prope! located in Section 28, Township 48 South, Range 26 East, Collier County, Florida, is changed from "PUD" to "PUD" Planned Unit Development in accordance with the PUD Document, attached hereto ~ Exhibit "A", which is incorporated herein and by reference made p~ hereof. The Official Zoning Atlas Map Numbered 8628, as describe~ Ordinance Number 91-102, the Collier County Land Development Code, hereby amended accordingly. SECTION TWO; Ordinance Number 96-55, as amended, known as the Heritage Gr~ PUD, adopted on September 4, 1996 by the Board of County Commissl¢ of Collier County, is hereby repealed in its entirety. AGEND^,JT[M ,' -1- No. ~ FEB 2 5 1997 This Ordinance shall become effective upon filing with the Department of State. PASSED AND DULY ADOPTED by the Board of County Commissioners Collier County, Florida, this __ day of ~, 1997. ATTEST: DWIGHT E. BROCK, CLERK BOARD OF CO.UNTY COMMISSIONERS COLLIER COUNTY, FLORIDA APPROVED AS TO FORR AND LEGAL SUFFICIENCY ~RIE M. S~UOENT ASSISTA2~T COUNTY ATTORNEY BY: CKA! PUD-86-9(4) ORDINANCE/18875 -2- ~'='===~"N DA ITEM, ! I:EB 25 1997 NARRATIVE: HERITAGE GREENS PLANNED UNIT DEVELOPMENT PUD DOCUMENT LANGUAGE MINOR AMENDMENT On September 24, 1996, the Board of County Commissioners approved an Amendment (PUD- 96-55) to the Heritage Greens PUD (formerly known as Dove Pointe PUD). That Amendment, among other changes, included and approved changes to Section 3.4 Development Standards, including changes to minimum yard setbacks. As approved, si&yard setbacks for single family and duplex units are 5 fl. and l 0 ft. for coach homes (four plex) units. Since September, the Applicant, Ronto Developments of Naples, Inc., who is under contract to purchase the project, has been working to design homes for the community. In developing their plans, Ronto has determined that a more visually attractive and marketable coach home product can be constructed if single story garages are permitted a si&yard setback of 5 ft. The setback for other portions of the coach home or an>, structure over one story, would continue to have a 10 fi. si&yard setback. Ronto Developments of Naples, Inc. is requesting an amendment to the Heritage Greens PUD Document to permit the following change: Modify Section 3.4. Development Standards for minimum yards is as follows: (I) Front Yard- 20feet FEB 2 5 1997 Side Yard- Rear Yard- Golf Course, Lakes or Preserve/lreas. From a dissimilar permitted use type - 5feet single family S feet duplex 10feet coach homes (or-2~a~s~.en ~'tten~x~ (see sec. $.4. D. 99 20feet 20feet l Sfeet between single family and multi-family Side Yard may be reduced to O feet, for zero lot line single family units, if the S feet is added to the remaining side yard. Except as specified above, the distance between any two structures on the same parcel shall be fifieen (l $) feet or a distance equal to one-half the sum of their heights, whichever is greater. Side Yard may be reduced to O feet for single family attached, townhouse and ro whouse residential dwelling unit types. For coach homes, one story garages may have a five (5).fi. sideyard setback~ lO-358rn6.doc FEB 2 · '- Pg' EXECUTIVE SUMMARY RECOMMENDATION TItAT THE BOARD OF COUNTY COMMISSIONERS CONSIDER FOR APPROVAL A STIPULATED SETTLEMENT AGREEMENT BETWEEN FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS AND COLLIER COUNTY, FLORIDA FOR THE PURPOSE OF SETTLING DOAH CASE NO. 92- 6350GM IN WHICH THE APPENDICES TO THE COUNTY'S THEN EXISTING ROAD, WATER, SEWER, EMS, LIBRARY SYSTEM AND . PARKS AND RECREATIONAL FACILITIES IMPACT FEE ORDINANCES' CONSISTENCY WITH CERTAIN POLICIES OF THE HOUSING ELEMENT OF THE GROWTH MANAGEMENT PLAN WAS CHALLENGED. OBJECTIVE: To approve a Stipulated Settlement Agreement between the Florida Department of Community Affairs (DCA) and Collier County, Florida to settle DOAH Case No. 92-6350GM. CONSIDERATIONS: In 1992, DCA at the behest of Florida Affordable Housing, Inc., filed a petition with the Division of Administrative Hearings challenging certain, then effective impact fee ordinances and their consistency with the Housing Element of the Growth Management Plan (GMP). Specifically, the Appendices to the Road, Sewer, Water, EMS, Library System and Parks and Recreational Facilities Impact Fee Ordinances were at issue. The Ordinances' Appendices providing standards for rents and sales prices that housing projects must meet in order to be eligible for automatic waiver from payment of impact fees were alleged as being inconsistent with Policies 1.5.2. 1.5.4 and 2.2.1 of the Housing Element. Subsequently, these Ordinances were amended to remedy the situation. Duhng this period, settlement negotiations took place between Staffand DCA wherein it was agreed to have the Board of County Commissioners consider a Senlement Agreement providing for an amendment to the Housing Element to include definitions of the tm "Very Low Income", "Low Income" and "Moderate Income" to avoid any future alleged inconsistencies between the County's impact fee ordinances and the GMP. Accordingly, the attached Stipulated Settlement Agreement effectuates that understanding. The Agreement allows the Count'). to adjust the "Very Low", "Low" and "Moderate Income" definitions to reflect the Count).'s high median income. . FISCAL IMPACT: Settling the case will save on costs associated with a hearing before a DO.MI administrative la,,,,' judge and will also save substantial amounts ofpublic funds by utilizing the abo ~ref~ed AGENDA ITEM NO. ~ Executive Summary Stipulated Settlement Agreement Page 2 definitions in the delivery ofaffordable housing as required by the County's GMP. GROWTH MANAGEMENT IMPACT: A remedial GMP Amendment to the Housing Element will be required to effectuate the attached Stipulated Settlement Agreement. RECOMMENDATION: That the Board of County Commissioners approve the attached Stipulated Settlement Agreement and forward it to the DCA for it approval. Prepared by: Assistant County Attorney Date .G. reg ~i~, D{re~tor -- Housing and Urban Improvement Dale Approved by: County Attorney Date h:/ew/rrxr~executive surrm'm-y/dca Settlement Agreement approval AGENDA ITEM 2 5 1997 STATE OF FLORIDA DIVISION OY ADMINISTRATIVE HEA_RINGS DE?A3, T'/.EN? OY COM2{UNiTY AFFAIRS and FLORIDA AFFORDABLE HOUSING, iNC., Petitioners, vs. BOARD OF COUNTY COmmISSiONERS OY COLLIER COUNTY, DOAH Case No. 92-6350GM Respondent. Petitioner, Florida Department of Community Affairs (Department), and Respondent, Board of County Com~missioners of Collier County (County), hereby stf.~ulate and agree as follows: E V ~ 1. ~. As used in this agreement, the following words and phrases shall have the following meanings: a. Act: The Local Government Comprehensive Planning and Land Development Regulation Act, as codified in Chapter 163, Part II, Florida Statutes (1995). Plan. This stipulated settlement agreement· ' Collier County Comprehensive d. v ~' .~: The land development regulations (LDRs) adopted by Ordinance No. 88-96, 90-14, 90-86, 90-87, 91-11 and 91-71, which gave rise to this proceeding. AGENDA ITEM 2 5 1 97 e. DO~f{: The Florida Divislcn of A~ministrative f In c~-o~ianc~: Conslste:.z with Cections 163 3177, 163.3178 and 163.3191, Florida Statutes, Section 187.201, Florida S~a.utes, the applicable regional policy plan, and Chapter 9J-5, Florida A~ministrative Code. g. ,~otlc~.: A notice of intent issued pursuant to Section !63.31~4, Fla. Stat. (1991), by the Department in response to the ado.ntion of a plan amen~.-.ent. h. Petition: The petition for acLministrative hearing and relief filed by the Department in this case. i. Remedial Action: A"~!an amend,-,.ent, land deve!cpr, ent regulation, ordinance or sukmission of support docur, entcr other action described in this agreement as an action ~,,.l~,, must be completed to settle this proceeding. Remedial Act~--~,. taken by the County pursuant '-~. '.hi=_ agreement must, in the opinion of the Department, be consistent with and substantially similar in concept and ccntent to the Remedial Action identified in this agreement or be otherwise acceptable to the Depa r t.~.ent. 2. Entire .'-.~reement. This is '.he entire agreement between the parties and no verbal cr written assurance or promise is e~e~ive or binding unless included in this document. 3. Acorcval by_ ~---,,-,._~r-~='~"~ BodY._ This agreement has been appro;'e~ ky the governin~ body at a public hearing up(n dqI~END 2 r c 2 5 1997 sus_ic nc~ice, and has been executed by the appropriate officer as ~~c ...... x the local government's charter cr ether regulations. 4. Chances in L~. Nothing in this agreement shall be construed to relieve either party from adhering to the law, and in the event of a change in any statute or a~r. inistrative regulation inconsistent wi~h this agreement, the statu~e cr regulation shall take precedence. 5,. Other Persons Unaffected. Nothing in this agreement sha~! he d==- ~ ...... e~ to affect the rights of any other person ,-~= ~he law. /'tcrnev Fee= ~.':"E= .... party shall hear its own ........... ng attorney fees. 7. r;fec~!ve Dato ?his acreement ~ha!] -' - .......... effec-:ve the !as~ date of signing by the parties. 8. Purcose of Acreement as Not Establishinc ?recedeG~. /he par~ies enter into this agreement in a spirit of cooperation for the purpose of avoiding costly, lengthy and unnecessary litigation and in recognition of the desire for the speedy and reasonable resolution of disputes arising out of or related to this proceeding. The acceptance of proposals for purpcses of th~s agreement is part of a negotiated agreement affecting many fac~ua! and legal issues and is not an endorsement of, and does AGENDA ITEM no: establish precedent for, the use cf these proposals in any cther circumstances cr ky any other lc. ca! government. 9. Deoartment ?cv,'ers. The Department is the s%51e land planning agency and has the power and duty to a~inis~er and e-~ ..~orce the Act. 10. ~. Exhibit A, which contains the Remedial Actions proposed for resolving outstanding issues raised in the Petition filed by the Department in this proceeding, is hereby incorporated by re~erence. 1!. ~ecc~iatio~ cf ATreement. Pursuant to Secticn i63.32i3 Fla Sta~. (i99i), the De~a~tment filed a petition with DO.~H, which alleged that the LDRs were inconsistent with the Plan. Subsecuent to the fil~nc of the petition the parties ccnferrej and propose to resolve the issues in the petiticn by taking the Remedial Actions as set forth in Exhibit A /he County has agreed to consider amendr, ent of the land development regulations and adoption of a plan amen~r, ent as set forth ~..erein. ,t is the intent of this agreement to resolve fully al! issues between the parties in this proceeding. !2. Ei!i~.c and Continuance. This agreement shall be filed with DOA~ by the Department after execution by the parties. Upon the filln~ of this agreement, the administrative proceeding in ' this matter shall be stayed by the hearing officer. 13. Retention cf Right to Final Hearing. Both parties hereby retain the right to have a final hearing in t is AG£ND~ ITEM p~. ~ crcceedinc in the event cf a breach of ' ' t.,~_ agreement, and .... - -.. ~.. agreemen~ -., c ....... = waiver cuch r The Department cr any other par~y tc this agreement ma'/ move have this mat~er set for hearing if it becomes apparent that any cther party whose action is required by this agreement is not ~rcceeding in good faith to take that action. local government agrees to consider for adoption by formal action cf its governing body all Remedial Actions described in Exhib;t A ~:ithin 60 days after execution of this agreement. This agreer, ent is intended tc resolve a Section i63.3213, Fla. (1992;., prcce=~ng Ccnse ...... ..... ~ .... ~Y "{ny plan -- - , =...e ...... nt adopted -~ c .....e~ a Remedial aac;tel ~ursuant tc Se?tlcn !63.3!S9, ?la. Sta*. (!993). ?herefcre, the lcca! gcvernmen- shall canslder for adoption and ~.~e plan amen~%ent and Remedial Action as a regular ~ian amen~r, ent, and shall include this amen~r, ent in its next regular cycle cf plan amen~r~ents. 15. ~. Within 45 days after receipt of the plan amendr, en~ adopted ~ursuant to the Remedial Action, the Department shall issue a notice of intent pursuant to Section 163.3184, Florida Statutes in accordance with this agreement, if the Department determines that the County has adopted the remedial amen~men5 described in Exhibit A, it shall request DO~_q to dismiss ~n~s proceeding. 5 A~ENDA ITE.'.~ a. In Cc%~'~an~=. if the amen~r, en adspte! ~ ~- ~ ..... es this acree-=-.t, the sba'! ~ssue a nouice cf intent findin~ that the amen~r, en~ ccmD!iance and shall file appropriate pleadings to have this proc_.ding dismissed. b. Not in Cc%~!iancq: If the amendment called fcr in ~nis a~reement as the Remedial Action is not adopted, cr if it c~e ..... sa-~=fy t~ acre ...... . emen., the Departr. ent shall issue a no~ice of in~ent to ~ .... the amen~nent ncr in compliance and shall forward ~he nc~ice to DOAfq for a hearin? as prcvided in Sukser~icn i~2.3!84('5}, Ficrlda Statutes, and may file -- --:-- -- ~.c_ ~o have th~s DR p~ =~ di 16. Effec~ c[ :-=-~-=-- Adc~icn cf any amen~r.e pursuan% tc ~he Remedial AcSicn shall ke counted toward the ~e~'ienc'z · =~ . restric[lons imposed uscn plan am=-~-e~ts pursuant 5ec~ic- !63.3i87(1), Florida Statutes. in witness wherecf, the parties hereto have caused this agreement tc be executed ky their undersigned officials as duly =uu~orlzed. DEPART:-:ENT OF COF?.UN!TY AFFAIRS COLLIER COUNTY James F. Murley Secretary TIMOTHY L. HANCOCK Chairman Da~e 6 Date Clerk DWIGHT E. BROCK Assistant General Counsel Coun:y Attorney Approved as to Form and Legal Sufficiency Assis:ant Ccun[y A'-tcrney AGENDA ITEM c6 2 5 1997 --he fc'!cwinc defi~iti~n~ ~n th=_ cc'~=r C~unt',' '-'' ~"'. ..... .= - One or mcre natural ~er=--= cra =- -' e:<geef :Ct cf 'he median annual adjuste/ grcss inccme hausehclfs w~thln the State, or 50! cf the mefiian annual grcss income far hcusehclds within the Metrcpc!itan Area (XSA', ct, if not within an MSA, wlthln the ccunty in which the ~erazn cr family resides, whichever '= - - ..- - ~..= cr more natural persons cra ~=m~y, the tcta~ ..... =-oss us=~ f inccr, e cf wai~ is w[thin the "- ......... - ~ percent of the me~ian annual a~su:'e~ src~ ~ncc-= fgr ~ · . -~ ..... the Sis'e, cr (P n='cent cf the r. ezlan annual a~3ust gross ~nccme fcr kc"=ehcid= w~thzn the . .. - ...... a istica! Area C.:SA) ct, :f nc: ',;~thin an MSA, ~rea-er. ' ..... - ......... ,ccc ez, >.'r.'ckever · - -.~ - Cne cr mare natur'~l .nersans cra family, the ihe rs-r= .... ~i - 60 percen~ cf ~ne me~an annual ai3..=[=~ ........... ~r Y.C~c =~ .... :he ..~eiian annua' adju=-ed crc, ss ~ ' ' "' · -- .r.,cc~= fcr hc~'="' ' · ' ~ . -- ~=~ Area C.~SA) ct, ~= net within an ~.,cz witn~- t~= ccunlv in which the hcusehc!d ~= ~ .. . greater. -- -cca%ed, wnlche-;er is 8 AGSNDA ITEM_ 2 5 1937 pg. /'O EXECUTIVE SUMMARY PETITION AV 96-034, GEORGE L. VARNADOE AS AGENT FOR OWNER, BARRON COLLIER PARTNERSHIP, REQUESTING VACATION OF THE PUBLIC INTEREST IN A PORTION OF AN EIGHTY FOOT (80') ROAD RIGHT-OF-WAY PLA'FI'ED AS TRAIL BOULEVARD, AS SHOWN ON THE PLAT OF PINE RIDGE SECOND EXTENSION AS RECORDED IN PLAT BOOK 10, PAGE 86, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. ~: To adopt the Resolution for the vacation of a segment of Trail Boulevard right-of, way consistent with closure of Trail Boulevard to Vanderbilt Beach Road. CONSIDERATIONS: A petition was received by the Transpodation Department from George L. Varnadoe as agent for owner, Barron Collier Partnership, requesting the vacation of the public interest in a podion of the public right-of-way, known as Trail Boulevard, south of Old Hickory Road, as shown on the attached map. The road was dedicated on the plat of Pine Ridge Second Extension in 1971. The closure of the road is to facilitate the construction of Vanderbilt Beach Road. The general public benefit is the reimbursement to the County of $100,476.00 that was previously deposited by the County in the Court Registry for the fee simple interest and Slope Easement taken by the County in an eminent domain case against the Barton Collier owned adjacent property. The property taken by the County was required for the four-lane construction of Ihe Vanderbilt Beach Road project. The vacation of the eighty foot (80') portion of Trail Boulevard immediately adjacent to Lols 6-14, inclusive, Tract A, Pine Ridge Extension Replat, Plat Book 12, Pages 57-58, the County reserving the westerly twenty foot (20') as a utility and drainage easement is the resull of settlement negotiations in Eminent Domain Case No. 95-5071-CA-01-7B. Letters of 'No Objection" were received from all pertinent user agencies. Zoning is C-4. None. GROWTH MANAGEMENT IMPACT: None. RECOMMENDATION: That the Board adopt the Resolution for the vacation, authorize the execution of the Resolution for same by it's Chairman, and direct the Clerk 1o advertise the adoption of lhe Resolution within 30 days and record a copy of the Resolution, proof of publication of the notice of the public hearing and proof of publication of the notice of adoption in the Public Records of Collier County, Florida, and direct the Clerk to make the appropriate marginal notes on the plats of Pine Ridge Second Extension and Pine Ridge Second Extension Replat. Further, that the Board approve the attached Stipulated Final Judgment as the settlement for Parcel Nos. 515 and 115 in the Eminent Domain Cast No. 95-5071-CA-01-TB. Russell b, Muller . (, b~vi(J F. Boban~-ck~ ' Interim Transm;~rtation Director ~aymond W. Miller, P.E. Interim Public Works Administrator RDM/G FA/mk/021097/ES AV 96-034.doc FEB 2 5 1997 8 9 I0 11 12 13 14 5 17 15 19 20 21 22 23 24 25 26 27 28 29 3O R£SOL':TION HO, 9';- RESOLUTION FOR PETITION A'.' '~6-0~4 TO VACATE, RENOUNCE AND DISCLA]M THE RIGHTS OF THE AND THE PUBLIC TO A PC,~T~ON OF THE ~OAD FOOT (80') ROAD RIGHT-OF-WAY F~TTED BOULEVARD ON THE P~T OF THE P]H[ DIDC[ S[CCND EXTEl;SION, AS RECG~DED It; fLAT ~O~Y lC, PACE 86, OF THE P~BLZC RECg~DS CF CGLLIE~ CGL't;T'f. FLORIDA k~£REAS, pursuant to Sections ~77.101, ~36.09 and Florida Statutes, George L. Varnadoe as agent for OWner(s) Petitioner, Barren Collier Partnership, requesting that the Board VaCate, renounce and disclaim the fee sirple or easerent rights of the county and the public ~n a portion of an eighty foot (SO') road right-of-way platted as ~r~l Boulevard. as recorded in Plat Book 10, Page 86, in the Public Records of Collier County, Florida: and WHEREAS, the Board has this da}' ~e:d a pukllc hearing to consider such action regarding the road right-cf-way Interests In a ~ort~on of an eight)' foot (aO'J roa~ r~g~-of-way known as Trail Boulevard betn~ m~re fully described below, and notice of said public hearing to vacate, renoJnce and disclaim the County's fee slrple or ease.~ent Interests ~n the ro~d right-of-way was given as required by law; and ~EREA$, the Boar~ finds ~hat ~he ~ortlon of Trail Boulevard be:nE vacated ;s no lcnger needed for t~e pub]lc use and and WHEREAS, the granting of the pe%:~:on %'Ill no= a~versely property owners. NOW, THEREFORE, BE IT RESCL'.'ED BY THE BOARD OF COUntry CC.~'2{-,I$$[ONER$ OF COLLIER COUNTY, FLORIDA, that the Count)"s fee simple or easemen% interests in a portion of the eighty foot (80') right-of-~ay of Trail Boulevard. as more particularly described zn Exhibit A and depicted in Exhibit B attached hereto and incorporated herein, are hereby vacated. BE IT fUKiHER RE$OLV[D BY THE BCA~D OF COU~;TY COH~.~ISSIO!:£R$ OF COLLIF~ COUN;, ,.... C: ]% L~l]]er C.~un[y reserves unto itself a non-exclusive drainage and utility easerent under and across the Westerly twenty [20) feet of the vacated portion of Trail 1 2 3 4 5 6 7 8 9 10 1! 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 29 3O 31 32 33 3: BOulevard, said drainage and utility easement being particularly described in Exhibit C and !e~:cted in Exhibit D attached hereto and incorporated here~n. BE IT FURTHER RESOLVED, that Cc~ller Ccunt~. reserves unto itself the right-of-way and drainage easements more particular]). described in £xhibit E an~ depicted Ln Exhibit F at:ached hereto and incorporated herein. BE IT FURTHER RESOLVED, that Collier County reserves unto itself the exclusive drainage easerent more particular1), descrl:ed in £xhzbit G and depicted in £xh:~it H attached hereto and incorporated herein. Bt IT FL~THEP PESOL'o'ED, that the ~etit~oner, as a condition of this vacation, grants Collier County a temporary pedestrian sidewalk/bike path easement over the paved per,ion of the prOpert}. depicted in Exhibit A until such tire as other access for pedestrian and bicycle traffic Is ~?an~e~ by Fet~tioner. successors or assigns, to Collier Count}.. Sa~d temporary pedestr:an S]dewalk/bike path easenent shall be terminable by Petit[omen upon other access being ~rov:de~ for pedestrian and b:c?cle traffic. BE iT FURTHER R£$OLVED, that ta:s '.'araticn ls part of the settlement of the em:merit domain case for the four-laming of Van~erb~Jt Beach Road Extension (Case :;o. ~5-5571-CA-O1-TB) BE IT FURTHER R£$OLV£D, that the front yard setbacks, landscape buffer~ and landscaping req';:rere~:s for Lots 6 through 14, inclusive, Pine Ridge Extension Re~iat, snal! be as depicted on Exhibit ! and that Collier Count.:. agrees to approve Site Devel°Fment Plans that are consistent with the standards for setbacks, landscape buffers and landscaping depicted on £xhibit attached hereto and consistent With the C=llzer County Land Development Code. BE IT FURTHER RESOLVED, that the Clerk ls hereby directed to advertise the adopt:ch of this Res:.~t:cn :nee ~n a paper cf general circulation in the Ccur, ty w:~hin 30 d~Ts following Its adoption. FE 2' 5 5 6 7 8 BE IT FURTHER ~E$OLVED, that the Clerk Is here~y directed record a certified copy of th~s Resolution, the proof publication of the notice of public hearing, and the proof publication of the notice of adoption of this Resolution In Public Records of Collier County, Florida, and to make ~rop£ notations of this vacation on said plat. This Resolution adopted this ~ day of 199__, after motion, second and majority vote favoring same. ATTEST: BOARD OF COUNTY COF3~ISSIONERS DWIGHT £. BROCK, Clerk COLLZ£R COUNTy, FLORIDA Approved as to form and legal aufficiency: / Assistant Collier County Attorney By: TIMgTHY L. ~'ANCOCK, Cr.a~r~a cd! ~O~ -~0 3Nil ~ l~31-L~ ~05 S 10'1 ~D ~tNI-IH~.L VPi d 0 ' 80' " TCHLINE g89 988 HICKORY ROAD PLA T LINE-,~ ~X',- ADDI TIONAL R. O. W. -~ ------- LOT 10 ............ , i ' IIII I III IIIIIIII I III ..... 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O~ 0 t 10-1 FEB 2 5 1997 1997 ,Og P c~ 2 5 1991 OA G! -0 -W Date Received: Petitioner: · ' Address:~ city/State:Naples, FL Petition Telephone:~_9_4J.~6703 Zip Code: 34105 Agent: Georq~_ L. Varnadoe Y v p & Varnadoe Address: ' ' ~ Telephone:_q~814 City/State:_/~%/~ Zip Code:._~ Road )lame: Trail Boulevard Location: Section __3_4__ Townsh~ ~ Range 25 East Legal Description: Trail Boulevard South of Vanderbilt Beach Road (& Hickory Rd.) approximately 846.43 feet - See attached Exhibit "A". Plat Book ~ Page(s) Reason for Request: To facilitate construction of Vand~Road Current Zoning: C-4 Does this affect density? No I Hereby Authorize Agent Above to Represent Me for this Petition: Yes X Date Barron G. Collier III ~artner ~ Name Please see "Policy and Procedure of Vacation and Annulment" for the list of supportive materials which must accompany this petition, and deliver or mail to: Transportation Services Collier County Government Complex );aples, FL 33962 Telephone: (941) 774-8494 *(1) If a6plicant is a land trust, indicate the name of beneficiaries. (2) If applicant is a corporation other than a public corporation, indicate the name of officers and major stockholders. (3) If applicant is a partnership, limited partnership or other business entity, indicate the name of principals. (4) List all other owners. Page 4 of 4 1997 COLLIER COUNTY GOVERNMENT COMMUNITT DEVELOPMENT AND ENVIRONMENTAL SERVICES DIVISION Bmld,n~c Rev,ew and Perm,tt,ng (941) 643-g400 Code Enforcement (941) 643,-8440 Housing and Urban Improvement (941)643-8330 Natural Rcmurce~ (9411 732-2505 Planning ~rvices (941) 643-~ ½00 Pulluc,on ('xm~tol (941) 73,2.2502 2800 N. HORSESItOE DRB'E NAPLES, FL 34104 A CERTIFIED BLUE CHIP ¢.OMMUNI'rY September I0. 1996 Mr. David Borden Ban'on Collier Pannership 2600 Golden Gate Parkway, Suite 200 P.O. Box 413038 Naples. FL. 33941-3038 RE: Vacation of Trail Bird South of Hickon.' Road and adjacent to Lots 6-14, Block A, Pine Ridge Second Ex'~ention Replat Dear .',Ir Borden: \Ye arc in receipt of your letter of September 6, 1996 regarding )'our desire to vacate the above referenced right-of-way. There are no drainage facilities within the righl-of-way, and the adjacent Lots have access from the platted alley easement lO the East, therefore, this office has No Objection to the proposed vacation, provided a cul-de-sac or other acceptable turn-around is constructed at the terminus of the punic right-of-way. 1]' l can be of any further assistance to you in this regard, please let me know. Sincerely, ~ John R. Houldsworth Senior Engineer cc: Russ Muller. Transportation Sen'ices FEB 2 5 1997 ....... ,, ,~ .......... Ill I I IIII II I IIII III I IIIII IIII I I COLT.IER COUNTY GOVERNMENT PUBLIC WORKS DIVISION September 13, 1996 3301 E. TAMIAMI TRA/L NAPLES, FL 34112 (941) 732-2575 FAX (94 I) 732-2526 Mr. David K. Borden Barron Collier Partnership P.O. Box 413038 Naples, FL 34101-3038 A CERTIFIED BLUE CHIP COM,MUNI'T'~' Re: Vacation of Trail Boulevard South of Hickory Road and Adjacent to Lots 6-14, Block A Pine Ridge Second Extension Replat ' Dear Mr. Borden: This office has reviewed your request to vacate the above referenced vacation of road right-of-way. The Collier County Water-Sewer District has no facilities in the area and we, therefore, have no objection to the vacation of the road right-of-way. Should you have any further questions, please feel free to contact me. Sincerely, Cindy M. Erb Public Works Senior Engineering Technician cc: Edward N. Finn, Public Works Operations Director Tim Clemons, Wastewater Director Michael Newman, Water Director Russ Muller, Transportation Services 1997 Collier County Govt. Complex Bldg.. J 3301 Tamiami Tr~,il, East, Naples, FI 33962 Telephone (AC 813) 774-4434 September 13, 1996 Mr. David K. Borden Barron Collier Partnership 2640 Golden Gate Parkwav Suite 115 Naples, FL 34101 RE: Vacation of Trail Boulevard South of Hickory Road and Adjacent to Lots 6-14, Block A, Pine R/dge Second Extension Dear Mr. Borden: The Collier Count)' Sheriff's Office has no objection to Barton Collier Partnership vacating that portion of Trail Boulevard as referenced above, and as addressed in )'our letter of September 6, 1996. DH:mbl Sincerely, Don Hunter, Sheriff Collier County, Florida WE SUPPORT WESPONSOR THE FLORIDA SHERIFFS YOUTH A home for needy and worthy boys and girls, COLLIER COUNTY JR DEPUTY COLLIER COUNTY EXPLORER POST RANCHES LEAGUE #64 INC. i:::PL. Florida Power & Light Company.4]05 15th Avenue $. W.. Naples. FL 33999 August 9, 1996 David K. Borden C/O Barron Collier Partnership P.O. Box 413038 Naples, Fl. 33941-3038 RE: Vacation or Trail Boulevard Dear Mr. Borden Florida Power and Light Company has no objection to the vacation of the Trail Boulevard R/W south of Vanderbilt Beach Road formerly known as Hickory Road. For details on that portion to be vacated, please see documentation marked Exhibit "B" and Exhibit "C", dated August 19,1996, sheets 1 through 3 attached hereto and made a part hereof. Florida Power and Light Company does retain complete easement rights in the area of an existing FPL pole, anchor and down-guy located along the easterly R/W of Trail Boulevard adjacent to the northerly end of the westerly P/L of lot 14, Pine Ridge Second Extension Replat (P.B. 12, Pages 57-58). Should you have any questions regarding this matter, please do not hesitate to contact me at 941-353-6045 or 4105 SW 15 Ave. Naples, Fl. 34116. Sincerely, E.L. Hartley Senior Designer an FPL Group company FEB 2 5 1997 ~LLIER PARTNERSHIP September 6, 1996 Mr. John Boldt Stormwate£ Munagement 3301 E. Tamiami Trail, Bldg. H Naples, FL 34112 ~ETURN RECEIPT REQUESTED Certified fp 535 849 136 Re: Vacation of Trail Boulevard South of Hickory Road and Adjacent to Lots 6-14, Block A, Pine Ridge Second Extension Replat Dear Mr. Boldt: Collier County recently vacated Trail Boulevard north of the recently improved Vanderbilt Beach/Hickory Road, and cul-de-saced the north portion of Trail Boulevard south of Vanderbilt Beach/Hickory Road. Collier County no longer has any need for that portion of Trail Boulevard adjacent to the above referenced lots (see attachment). On behalf of the Barron Collier Partnership, I am requesting a Letter of No Objection for the proposed vacation. If you should have any questions or further concerns please feel free to contact me. DAB/Ids David K. Borden 2600 Golden Gate Park'wa~,, Suite 200 P.O. Box 413038, Naples, Florida 33941-3038 t94D 262 21'~,~ "~' '^ '~ ...... 1,., RECEIV..'TD SEP ~ ~ ?2F Spnnt September 11, 1996 Mr. David K. Borden Barton Collier Partnership 2600 Golden Gate Parkway, Suite 200 ?. O. Box 413038 Naples, FL 34101-3038 RE: SEC 34, TWP 49S, RNG 25E - Vacation of Trail Boulevard Pine Ridge Second Extension (P.B. 10, PG 86) Dear Mr. Borden: In response to your inquiry of September 6, 1996 regarding the possibility of vacating the subject dedicated right-of-way, this is to advise that Sprint/United Telephone-Florida will consider vacating said right-of-way contingent upon the following condition: Re-dedication of suitable replacement easements by the property owner, at the direction of and approval of our Legal Department, prior to the abandonment of the existing right-of-way. If we can provide additional information, please contact me at 941-263-6209. Senior Engineer FJV:tu cc: J. T. Reynolds C. A. Colford Chron File FEB 2 § ~997 Continental Cablevi s o' P.O. Box 413018 · 301 Tower Rood Naples, FL 33941.3018 Phone: (941) 793-9600 o Fox: (941) 793-1317 September 12, 1996 David K. Borden Barron Collier Partnership P.O. Box 418038 Naples, FL 34101-3038 RE: Proposed vacation of Trail BIvd, South of Hickory Road and Adjacent to Lots 6-14, Block A, Pine Ridge Second Extension, Plat Book 10, Page 86, Public Records of Collier County, Florida Dear Mr. Borden' Continental Cablevision of Southwest Florida has no objection with the proposed vacation of the 80 foot Right-of-way of the above referenced road. Sincerely, (/ Nestor M. Martin Director of Engineering and Construction NMM/jdr 1441 PINE RI~E ROAD * NAPLES, FLORIDA (~Y~) 597-3222 F~xl (9~/) 597 - 7~2 September 18, 1996 David Borden Ban'on Collier Company Partnership 2600 Golden Gate Parl~vay Suite 200 Naples, Florida 34105 RE: 80 FI'. Right-of-Way for Trail Blvd. Dear David: Thc North Naples Fire Control & Rescue District has no objection regardhag the removal of the 80 fi. R/~t-of-Way wh/ch was Trail Blvd., from Lot 6 to Lot 14 of Phae Ridge Second Ex'tens/on. Ifyou have an.,,' quest/oas, plea. se give mc a call. Sincerely, Kenneth W. Rodgers Assistant Chief North Naples Fire Control & Rescue Distr/ct NO. ~ FEB 2 5 1997 I~G. ~ The following is a list of abutting or other property owners within 250' of the proposed vacation of Trail Boulevard abutting Lots 6- 14, Pine Ridge 2nd Extension Replat: Northeast Corner of U.S. 41 and.VaDderbilt Beach Drive sec. 33, Twp. 48, Rng. 25 Parcel 5 Folio 00176920001 Doane-Kempfer Joint Venture c/o Ginardin, Baldwin & Associates 5050 North Tamiami Trail Naples, FL 33940. There are no abutting property owners east of the vacated Trail Boulevard except the Barton Collier Partnership properties in Pine Ridge 2nd Extension Replat. pine Ridge 2nd Extension Folio 67340160009 South 130 feet of Tract A lying North of drainage easement Joseph M. Gardner (Naples Cheesecake Company) 225 Central Avenue Naples, FL 33940 Folio 67340280002 North 25 feet of South 205 feet of Tract A Eddy Hovey Design Packaging, Inc. 6100 Trail Boulevard Naples, FL 33963 North Bay Plaza at Pelican Bay Tract 1 Folio 64030000252 North Bay Association, Ltd. c/o Courtelis Co. 701 Brickell Avenue, Ste. 1400 Miami, FL 33131 Tract 2 Folio 64030000508 Albertson's, Inc. c/o Marvin F. Poer and Company 4901 N.W. 17th Way Ste. 303 Ft. Lauderdale, FL 33309 Tract 3 Folio 64030001002 North Bay Association, Ltd. c/o Courtelis Co. 701 Brickell Avenue, Ste. 1400 Miami, FL 33131 Tract 4 Folio 64030001109 World Savings and Loan Association 1901 Harrison Street Oakland, CA 94612-3587 FE'B 2 5 1997 Tract 5 Folio 64030001206 Ruby Tuesday, Inc. c/o AVTAX, Inc. 250 International Pkwy, Ste 150 Heathrow, FL 32746-5006 Oakmont Parkway Extension Parcel 1 Folio 64380000355 Parcel 2 Folio 64380000601 WCI Communities, Ltd. Partnership 801 Laurel Oak Drive, Ste. 500 Naples, FL 33963 WCI Communities, Ltd. Partnership 801 Laurel Oak Drive, Ste. 500 Naples, FL 33963 Tract 1 Folio 32435500101 First National Bank of Naples 900 Goodlette Road N. Naples, fL 33940 NW Corner of Sec. 33, Twp. 48, Rnq. 25 {Intersection of U.S. 41 and Vanderbilt Beach Drive) Parcel 1 Folio 00168880007 Collier Enterprises 3003 Tamiami Trail North Naples, FL 34105 Parcel 4 Folio 00169120009 C & S National Bank aka Nationsbank c/o Easley McCaleb & Assoc., Inc. P. O. Box 173058 Tampa, FL 33672 Parcel 5 Folio 00169160001 Mobil Oil Corp. c/o Property Tax Division P. O. Box 290 Dallas, TX 75221 FEB 2 5 1997 CO~NTY or COI,I,1ER ) c~t The Imrl-r~i.nno¢l, con.~tlt, uting nl1 the partner~ of the (.'~ O a.:= OL~ part:,~erahip who~e name until Janunr~. I , 1994 was Silver Strand ~ Oc_~ ~-12_ Partne;'sh]p, and on ~nd after January 1, 199t was nnd to be ~arron Collier Parlner=hip, hereby under oath The part n~r~hip (tile "l',~rtn. r~hip") effected the al~ove- ~t,~/~-~ chan~e o[ n~me on ,l~nu~ry l, 1°94. The r~rtner~hip, i'l'~,tit}' ~ncl agreement of partnership in f-ll ~orce ~nd effect. under r"gi~trntion nu bor O9404~OOn12G. and simu]tnneous]y the registered on April 15, 1991 under reglstr.tion number rgl]OgpOnn27) was cance]led. The real properti.s of the p",r.":,O,I COLU[n ct, hr L ec'7 ~ ¢o~u~ Il FEB 2 5 1997 Sworn to before me th~s ~ FEB25':39'~ Lots 4 thru 14, Dlock A. Pine Ridge Second F. xtensjon lleplat0 recorded in Plat Rook 1~, Page 5? ~nd 58, Public ~ecords o~ Collier County, Florida. rro~ the E~t 1/4 corn.r o[ ~ectJon ~, To~n~hJp 51 ~outh, ~ange 26 E~t, Collier County, Florida, run ~outl~ 0'41'31" We~t ~ith th~ Section line ~ dl~t~nce o~ 1~62 feet, ~or~ or l~ss to the South right-of-way ]~ne of Stat~ ~o~d /~0 (Tam~,ami TT~Ji) ; thence ~ith ~atd ~outh right-of-way line Ilorth 54'20 16" West ~ distance of 4780 feet, more or less, to the lnter~ectJon o[ ~nJd South r]ght- o[-way line o[ the Trail ~Ith th. we~t right-of-way ] ino of State ~oad /951, which intersection is the true Point of Beginning. From the ~oint of Beginning, run with ~id ~outh right-o[-~'ay line ti~- 'FF~II Horth 54'~0'16" West ~ di~tn.Ce o[ 2~0.0 fe~t; thenC9 South ]5'39'44" West a dl~t~nce of ~00.0 ~eet; tl~nce Eouth 25'55'q1" ~a~t ~ di~tar,ce o[ 196.7] feot; thonc~ So,lib East s distance o[ 200.0 feet to th~ W~t right-of-way lin~ of St~ ~oad ~951; th.nc~ North 2'~8'~d" East ~ distance of ~..t to the Point of B.qlnning, s~Jd Inn(Is ]y{ng ~nd being in Ilorthwe~t 1/4 of Sectio. ~, Township 51 South, ~ange. 26 East, ]ess the ]an,l~ described In Official ~acnr(I ~ook 343, Pa9. ~50, and ]ess la.dc ,lo~cribod in O P Pook 13q9, P~ge ]~6a Public Record~ collier County. Florida. and All that tract or parcel of land lying ~nd b~ing in the Northwest 1/~ of S~ction ~, Tou, n~hip 51 South, ~ng~ 26 East, b~tng mor~ particularly described a~ follous: Commencing ~t ~n Iron Pin at the intersection of the Southwesterly right-o[-~ay line of US Route 41, ~nd the W~t~rly right-of-way lln~ of St~t~ ~oad 1951, run South ~'~8'34" 14est, along the Westerly right-of-way lln~ o[ Stata ~9ad t951 a dlstanc~ o( ~0.00 feet to an Iron Pin and the Point of Beginning; thence continu~ South 2'~8'34" West ~long naid right- of-way line a distance of 100.00 feet to an Iron Pin; thence run llorth 87'31'26" West a distance of 561.43 feet to an Iron Pin; thence North 2'~8'3~" East a distanc~ of ~2~.06 f~t to an Iron Pin: thence North ~5'39'44" East )83.6~ fp~t to an Iron Pin, said Point lying on the Southwesterly right-of-way o[ US Route 41; thence run South 54'20'16" E.st along the South~sterly right-of- u. ay lin. of US Route 41, ~ distance of ~00.O~ f~*t to ~n Iron Pin, said Point lying North 54'20'1~" Ne~t, a di~tanc~ of ~0.OO f.et from the Southwesterly tnters-ction o~ the South~ester]y right- of-~ay lin* of US ~oute 41 ~nd the Westerly right-of-way line of State ~oad ~951; thonce ~outh 35'39'~4" 14est 200.00 f~et to an Iron ~in; thence South 25'55'51' E~t s di~t~n~ of ]96.~] fe~t to ~n Iron Pin; thence South ~?'31'26" East a di~t~nce of ~O0.OO feet an Iron Pin and the Point of Beginning, less l~nds described in FEB 2 5 1997 O.~. Boo~: 139~, Page 146B, P,~l~l Jc ~2ecord.~ of Collier County, Florida. All of .Cectton ), )y|no ~'~t of ACt, right-of-way All of Sectio,~ 3. All of Sectlo~ g, ]yit,g East of SR 29. All of Section ]0. Al 1 of Section 11 ~ ]ytt~U 14pst et A.C.I.. right-of-way. All of Section 14, lyl~g %~egt of A.C.L. rigJ~t-of-way. CD All of S,ctlon 15, subject to Florida Power and Light Company easement recorded in O.R. Book 441, Page 698. All of Section 16, ]y]~g East of S.~. 29, ~ubject to easement recorded ]~ O.R. Book 416, Page 699, and O.R. Book 441, Page 695. All of Section 2], ly{ng East of S~ ~9, le~ land~ de~cr~bed in O.R. Book 1441, Page 2283; subject to easemel~ts record,d in O.R. Book 416, PaSs 699, and O.R. Book 441, Pag~ 695. All of ~ect]on 22, lying We~t of AC[, r|ght-of-~ay, ]e~ ]and~-i~ ~. described in O.R. Book 144~, Page 2283; s~b~ect to Florida Power~- -- and Light Compm~y easement recorded in O.R. Book 44], Page 698. ~-D -%- All of Section 23, ])'ing West of ACL right-of-way; subject to --'-- ~]orJr~a Power a;~d L]G}~t Compar~, easement recorded ~n O.R. I]ook 441, Ip=' ri ~J ~ p___4 8__S_o.u .t.h_,__l~ a_n.~g e__ 2_t~ a,$~ A parcel of la~d ]ylng Jn Section ]7, 18 and 7, lying t~orth of the ~orth Right-of-Way of Co~,~ty Road 858,. Collier County, Florida, being more partict~lar]y de~cril~ed as Commence at the Southea.~t corner of aforementioned Section 17; Thence run H00'43'39" W a]ong tl~e Ea.~t line of Section 17, · dieta~ce of 50.00 feet to a point on the North Right-of-Way of Cou:~ty Road 858, said point also beiltg the Point of Beginning: Thence continue H00'43'39" W along ~aid East ll~e of Section 17, a d~stance of 2691.4! feet to the East 1/4 corner t~ereof; Thence continue along the East line of Section 17, NOO'5~'41"W, a distance of 269~.89 feet to the Nort}~east corner of ~aid Section ~7; T]~ence run S89'27'00"W, a distance of 5296.28 feet to th~ l;orthwest corner FEB 2 5 1997 ~[ Section 17 (Northeast corner o£ Section 18 and Southea.~t corner of Section 7); Thence run S89'24'22"~{, Jn Section 7, a dXstance 2799.82 feet to a ~oXnt; Thence run S00'29'44'E, a distance 43.93 feet to a poXnt on the North 1Xne of a:orement]oned 18; Thence continue S00'29'44"E Jn ~ectJon XR, a distance 5360.74 feet to a point on the }lorth ~Jght-of-~ay of aforementioned Connty Road 858; Thence run the roi]or'lng courses and distances along ~aJd North Right-of-Way throt~gh Snct[on ]~ and ]7; N88*55'Se"E 706.52 feet to a point on the North-South centerl~ne of Section 18; Thence rt~n NR8'56'27~, a distance of 2645.27 feet to a poXnt on the East JJne of Section ~8 (We~t line o[ Section 17); Tl~ence rtln N88'55'~9"~, a dX~tance of 2702.25 feet to ~ ~oJnt on the North-South centerline of Section 17; Thence run N88'56'31"E. R diet,ncc o~ 25T1.12 feet end the Point of Reginning. F E 2 5 1997 COLLIER COUNTY 93 DEC 30 PH 3:28 RECORDED This instrument prepared by Ilarold S. Lynton Suite 200 2600 Golden Gate Parkway Naples, Florida 33942-3206 and ~hen recorded return to Lee Treadwell Suite 200 2600 Golden Gate Parkway ?Naples, Florida 33942-3206 001900 OR BOOK ~'~=,~,.';~. 000150 Property appraiser's \ parcel identification number: 0n~.~,..,~ Grantee's tax identification number: 65-0247894 DEED made this December 30, lqg3 By Peninsula Improvement Corporation. a Florida corporation {hereinafter called tbs "Grantor"), whose post office address is Suite 200, 2600 Golden Gars Parkway, Nap]em, Florida 33942-3206, To Silver Strand 5-12 Partnership, a Florida partnership (hereinafter called the "Grantee"). ~hose post office address is Suite 200, 2600 Golden Gate Parkway, Naples, Florida 33942-3206. w I T U f S S E T ~11 The Grantor, for One Dollar and other valuable consideration, the receipt of which is hereby acknowledged. hereby grants, transfers and conveys to the Grantee, and the Grantee's successors and assigns, the lands described in E×hlbits A and 8 hereof, lying and being in Collier County, State of TOGETIIER ~ith all Improvements, tenements, hereditaments and appurtenances and all rights, powers, privileges, titles, interests, estates, reversions, remainders, easements, riparian and littoral rights thereto belonging or in any ~ise pertaining, TO HAVE AND TO llOLD the same In fee simple forever. SUBJECT to any valid rights-of-way, easements, restrictions, and' reservations that are of record or that an FEB 2 5 1997 001900 0001 $1 I''"'?':~'''''~-,,. ,w., OR BOOK PAGE 21?ff inspection would disclose, including, without limitation, those for roads, public utilities, water, water lines, sewers, sewer lines, electric facilities, borro~ pits, outfall ditches, drainage and drainage canals. Said lands are not the homestead of anyone. And the Grantor hereby covenants with the Grantee that, except as above noted, at the t~me of the delivery of this deed the Grantor was well seized of s.~d land. with good right and title to conuey, that said lands ere free from ell encumbrances, that the Grantee shall have the peaceable end quiet possession thereof, and that the Grantor shall fully warrant the title and defend the same against the ]awful claims of all persons whomsoever. IN WITNESS WHEREOF, the Grantor ha.~ executed and delivered this deed the day and year first above m-.ntioned. FENIHSULA IMPROVF, HENT CORPORATION Roy g. Ca~ley President Signed, sealed and delivered .u~TM: ~--:~;I J,~,'v,- [Print Name] {Print Name] - 2 - OO19OO 000152 OR 800K PA~E STATE OF FLORIDA COUIITy OF COLLIER The foregoing instrument was acknowledged before me thj~ 30th day of December, 1993 by Roy E. Cawley, to me personally known, President of Peninsula Improvement Corporation, a Florida corporatJoll, on behalf of said corporation. Notary Public - 3 - FEB 2 5 1997 001900 000[$3 "~xh t b~i t ;~" (Belle Meade Parcel) From the East 1/4 Corner of Section 3, Townshlp 51 South, Range 26 East, Collier County, Florida, run South O'4l')t,, west with the Section line a distance of 1362 feet, more or le~s to the south right-of-way line of State Road 190 (Tamlami Trail); thence with said South right-of-way line North 54'20'16" West a distance of 4780 feet, more or ]ess, to the intersection of said South right- of-way line of the Trail with the West right-of-way line of State Road t951, which Intersection is the true Point of Beginning. From the Point of Beginning, run with said South right-of-way line of the Trail North 54"20'16', West a distance of 220.0 feet; thence South 35'39'44', West a distance of ~OO.0 f,et; thence South 25'55'51" East a distance of 196.73 feet; thence South 87'31'26' East a dl~tanc~ of 200.0 feet to the West right-of-way line of State Road t951~ thence North 2'~8'34" East a distance of 220.0 feet to the Point of Beginning, ~aid lands lying end being in the Northwest 1/4 of Section 3, Township 51 South, Range 26 East, lees the lands d-scribed in Official R,cord Book 343, Page 850, and les~ land~ described Jn O.R. Book 1399, Page 1468 ~ublic Records of Collier Count},, Florida. ' and Ail that tract or parcel of land lying and being in the Northwest 1/4 of Section 3, Township 51 South, Range 26 East, being more particularly described as follow, s: Commencing at an Iron Pin at the intersection of the Southwesterly right-of-way line of US Route 41, and th- westerly right-of-way line of State Road ~95l, run South 2'28'~4', west, along the Westerly right-of-way line of State Road ~95! a distance of 220.00 feet to an tron Pin and the Point of Beginning; thence continue South 2'28'34" West along said right.- of-way line a distance of 100.00 feet to an Iron Pin; thence run North 87'31'~6- West a distance of 561.43 feet to an Iron Pin; thence North 2'28'34', East a distance of ~27.06 feet to an Iron Pin; thence North 35'39'44', East 383.62 feet to an Iron Pin, said Point lying on the Southwesterly right-of-way of US Route thence run South 54'20'16" East along the Southwesterly rJght-of- ~ay line of US Route 41, a distance of ~00.00 feet to an Iron Pin, said Point lying North 54'20'16" West, a distance of 220.00 feet from the Southwesterly intersection of the Southwesterly right- of-way line of US Route 41 and the Westerly right-of-way line of State Road ~951; thence South 35'39'44', West 200.00 feet to an Iron Pin; thence South 25'55'51' East a distance of 196.73 feet to an Iron Pin; thence South 87'31'26" East a distance of ~00.00 feet to an Iron Pin and the Point of Beginning, less lands described in O.R. Book 1399, Page 1468 Public Records of Collier County, Florida. ' FEB 2 5 1997 001900 OR BOOK O0015q PAGF, (Pine Ridge Commercial) Lots 1, 2 and ], 8lock A, Pine Ridge Second Extension Replat, as recorded in Plat Book 12, Page 57 and 58, Public Records of Collier County, Florida. FEB 2 5 1997 0177!t527 CbLLIER UOUNTY ~3D[C30 PH 3:31 RECORDED This instrument prepared by Ilarold S. Lynton Suit. >00 2600 Golden Gate Parkway Nap]e.-, Florida 33942- 320~ and when recorded return to Lee Treadwel 1 gn[te 200 /~ ~(10 Golden Gate Par~way Naples, Florida 33942-3206 001900 OR BOOK  000179 PAGE Grantee'.- tax Identi£1cation Number: 65 DEED made this December 30, 1993 By Harold S. Lynton, Juliet C. Sproul and Katherine G. Sproul as Trustees for Juliet C. Sproul under the Will of Barton Collier, Jr., deceased, probated in the Circuit Court for Collier County, Florida, Probate Division, File No. 76-33, and Barton Collier III individually, Joined by his wife Dana D. Collier, (hereinafter called the "Grantors"), whose post office address is Suite 200. 2~00 Golden Gate Parkway, Naples, Florida 33942-3206, TO Silver Strand 5-12 Partnership, a Florida partnermhip [hereinafter cai]ed the 'Grantee"), whose post office is Suite 200, 2600 Golden Gate Parkway, N~ples, Florida, 33942-3206. As a contribution to the capital of the Grantee, and for One Dollar whose receipt is hereby acknowledged. the Grantors hereby give, grant, transfer and convey to the Grantee and the Grantee's successors and assigns, all the Grantors' aggregate undivided one-half ownership in and to the lands described in Exhibits A, B and C hereof, lying and bein9 in Collier County, State of Florida. AND in all buildings, improvements, tenements. hereditaments, appurtenances, easements and rights thereto belonging or in any wise pertaining, DWIC!IT I, ~)" ~ ..... ~ ~ ..~. 1997 'lI' -- / OO190O O0018O OR BOOK PAGE TO ItAVE AND TO IlOLD the same in lee simple forever. SUBJECT to any and all valid matters of record or matters that a survey or in~pection would disclose. Said lands are not the homestead of IN WITNESS WHEREOF the Grantors have executed and delivered this Deed the day and year first above mentioned~ Signed, sealed and delivered in our presence: IPrint name] [Print name] Ilarold S. Lynton ~liet C. Sprdul Katherine G. Sproul/ As Trustees for Juliet C. Sproul Barton Collier III -- FEB 2 5 1997 001900 000181 I,'''''''c~''''''° OR BOOK PAGE ~'~0 ! STATE OF FLORIDA court-fy OF COLblER SS.: The foregoing instrument was ~cknowledged before me tht~ December 300 1993, by Harold S. Lynton, duliet C. Sprou]0 Katherine G. Sproul0 Barton Collier III and Dana D. Collier0 al! o[ whom are personally Rnown to me. Not.&r¥ S t \ LYtFTO?I\ 120g $. OO l ~ SP~L. D~'£ FEB 2 5 1997 000182 OR BOOK PAGE , "Exhibit ~," (South (;rove) A parcel of land lying irt Section iT, 18 and 7, Township 48 South, Range 29 East, lying North o[ the North ~ight-o¢-way of County Road 858, Collier County, Florida, being more particularly described a~ follows: Commence at the Southeast corner of aforementioned Section 17; Thence run N00'43'39,, W along th-. East ]~e of S-ctJon ~7, a distance nf 50.00 f,et to a point on the North R]ght-of-Way County Poad 858, ~ald point al~o being the Point of Beginning: Thence continue N00'43'39,, W along said East )[ne of Sect[on a distance of 2691.41 feet to the East 1/4 corner thereof; TI,ence continue along the East line of Sect[on ~7, NOO'52'4~"W, a of 269~.89 feet to the Northeast corner of sa~d Section 17; Thence run S89'27'00"W, a distance of 5296.28 feet to the Northwest corner of Section 17 (Horthea~t Corner of Section 18 and ~outheast Corner of Section 7); Thence run S89'24'22"W, Jn Sect]on 7. a dimtance of 2799.82 feet to a point; Thence run S00'~9'~4,E, a distance 43.93 feet to a point on the North l~;,e of aforementioned Section ]8; Thence continue S00'79'~4"E ~n n]ong ~nJd North ~[Ght-of-Wn,, ,.~.~.~j,z~wzn.g. cour~,s and dJ~tance~ ,; ~',LU~,g~I ~ectlon lO and 17; HgS'55'59"E 206.5~ feet to a point on the North-south centerline of Section lg; Thence run H88'56'27E, a distance of 2645.27 feet to a point on the East line of Section 28 (west line of Section 27); Thence run NSS'55'lg"E, a distance of 2702.~5 feet to a point l;88'56'3t, ce of 2571.12 feet and the Point of Beginning. FEB 2 5 1997 "]~xhibl t (North Grove) The following described lands in Collier County, Florida: I~ nth I P-J-i-iP_U_tJh__ll~D_g ~ _?.~_f ~ s t All of Section 10. All of Section ll, lying West of A.C.L. right-or-~ay. That portion of Section 15 described as follows: Commence at the N.E. corner of said Section 15 ssid point also being the Point of Beginning: From said Point of Beginning: Thence run w..t .long the north line of Section 15 a distance of 4800 fe.t to a point, (said point lies lm a wetland rum~lng South.asterly); Thence run th. following cours., and distsnces along the approximate center of said ~etland; S 33 E. 1950 f.et; S 18 E. 1~50 fmmt; S 46 E. 1450 foot; S 37 E. 1200 feet and S 41-37 E. 883 feet more or ]ess to ~ point on th. south line of aforementlonmd Section 15; Thencm run East along said south line 1000 feet more or less to the east line thereof; Thenc. run North, along the east line of Section 15, a distanc, of 5450 feet, more or less to the N.E. corner of said Section 15, and to the Point of B.ginnlng and containing approximately 385 acres. All of Section 14, lying W.st of A.C.L. right-of-way. FEB 2 5 1997 "Exhibit C" (Pine Ridge Commercial) Lots 4 thru 14, Block A, Pine Ridge Second Extension Replat, es recorded in Plat Book 12, Page 57 and 58, Public Records of Collier County, Florida. FEB 2 5 1997 FEB Z 5 1997 C~ L~ C~ iJ .U .-,.~ 2=I la. '~j :,,;.,;,,L ;- · ' · Ln_Dtj'l t% FEB 2 5 1997 UJ ~J r,~ r~ I% L FEB 2 5 1997 0 C) BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY NAPLES, FLORIDA 33962 OATE_ /////F~', 19 .'~ ~' CHECK NO. INVOICE NO. FUND CUSTOMER COPY AMOUNT ~" ' i06009 IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY, FLORIDA CIVIL ACTION COLLIER COUNTY, FLORIDA, a political subdivision of the State of Florida, Plaintiff, v. DOANE-KEMPFER JOI~;T VENTURE, et al., Defendants. Case ~;o. 95-5071-CA-01-TB Parcel Nos. 115 and 515 ! STIPULATED FINAL JUDGMENT THIS CAUSE having come before the Court upon a Joint Motion made by Plaintiff, Collier County, Florida and Defendant, Barron Collier Partnership, by and through their undersigned counsel, for entry of a Stipulated Final Judgment as to Parcel Nos. 115 and 515, and it appearing to the Court that the parties are authorized to make such motion, the Court finding that the compensation to be paid by Plaintiff is the full compensation due the Defendant, and the court being otherwise fully advised in the premises thereof, it is thereupon ORDERED that any other parties previously identified as having an interest in these parcels are hereby foreclosed and dismissed; and; it is further ORDERED that the fee simple taking identified as Parcel No. 115 and the slope easement identified as Parcel No. 515, being fully described and depicted in Exhibit A attached hereto and incorporated herein, which vested in Plaintiff pursuant to the Stipulated Order of Taking dated February 12, 1996, is approved, ratified and confirmed and; it is further ORDERED that the following agreement as to certain conditions and requirements, between the Plaintiff, Collier County, Florida and the Defendant, Barron Collier Partnership, is hereby ratified and approved: A. Plaintiff has agreed to vacate a portion of Trail Boulevard adjacent to Lots 6-14, inclusive, Pine Ridge Second Extension, Replat, Collier County, Florida, as such will no longer be needed for the public use and benefit. The right of way to be vacated is described in Exhibit B and depicted on Exhibit C attached hereto. Defendant has filed Petition AV- g6-034 requesting said vacation with the Collier County Transportation Services Department. Plaintiff shall reserve unto itself right of way and drainage easements adjacent to Lots 6 and 14 as described in Exhibit D and depicted in Exhibit E. The right of way and drainage easement adjacent to Lot 6 shall be for the public benefit and use as access and drainage to and from U.S. 41 and the remaining portion of Trail Boulevard not being vacated. The right of way and drainage easement adjacent to Lot 14 shall be for the public benefit and use as access and drainage to and from U.S. 41 and Vanderbilt Beach Road, as well as drainage from the portion o~ Trail Boulevard not being vacated. Plaintiff shall reserve unto itself, its successors and assigns, a non-exclusive drainage and utility easement over the westerly twenty (20) -2- .o.~ FtB 2 5 1997 feet of the property being vacated as more particularly described in Exhibit F and depicted in Exhibit G. This easement shall be to accommodate drainage from U.S. 41 and a portion of Trail Boulevard, and to accommodate underground utility lines. Plaintiff shall also reserve an exclusive drainage easement, as described in Exhibit H and depicted in Exhibit I, to accommodate drainage from the portion of Trail Boulevard not being vacated and Defendant's property. B. Defendant shall grant Sprint/United Telephone- Florida the utility easement described in Exhibit J and depicted in Exhibit K. Defendant shall also grant Florida Power and Light Company the utility easement described in Exhibit L and depicted in Exhibit M. C. The easements referenced in paragraph B shall be conveyed by Defendant to the respective parties within twenty (20) days of the Collier County Board of County Commissioners' approval of this Stipulated Final Judgment and its adoption of a resolution vacating the portion of Trail Boulevard described in Exhibit B, whichever occurs later. Plaintiff shall record the documents conveying said easements at its sole expense. All maintenance of the right-of-way and drainage easements reserved by Plaintiff described in Exhibits D, F, and H shall be the ~ sole obligation of Plaintiff for as long as such easements shall be used by the public and until such time as said easements no longer serve a public purpose. -3- I FI:U25 1997 1' D. Plaintiff, at Plaintiff's sole expense, shall maintain the existing access point from Trail Boulevard to U.S. 41 in conformance with the sketch of proposed improvements attached as Exhibit N. E. Plaintiff, at no cost to the Defendant, shall cause to be constructed a deceleration/right turn lane adjacent to the paved portion of U.S. 41 as indicated in Exhibit N. Plaintiff shall maintain said deceleration/right turn lane at Plaintiff's sole expense. F. The Plaintiff agrees to retain and maintain as a public right of way the remaining portion of Trail Boulevard. The public right of way and drainage and utility easements described and depicted in Exhibits D through I, and the remainder of Trail Boulevard shall not be vacated by Collier County unless the vacation is consented to by Barton Collier Partnership, its heirs, successors or assigns. G. Defendant's predecessor in interest originally dedicated the Trail Boulevard right of way to Collier County for no consideration pursuant to the Pine Ridge Second Extension Plat, recorded at Plat Book 10, Page 86-87, inclusive, Public Records of Collier County, Florida. Defendant has agreed to accept the vacation of that portion of Trail Boulevard described in Exhibit B in full and final settlement, excluding attorneys' fees and costs, of Plaintiff's taking of Parcels 115 and 515, including all present and future damages to the remainder property. -4- FEH 'z 5 1997 Defendant agrees to return the One Hundred Thousand Four Hundred Seventy-Six Dollars ($100,476.00) received by Defendant pursuant to the stipulated Order of Taking entered on February 12, 1996. The aforementioned funds shall be returned to Plaintiff within thirty (30) days of the date hereof. ORDERED that this Court retains jurisdiction of the above- styled case for a determination of attorneys' fees and costs pursuant to Chapter 73, Florida Statutes. DONE AND ORDERED in Chambers at Naples, Collier County, Florida, this day of , 1997. Conformed copies to: Andrew I. Solis, Esq. Andrew Siket, Esq. Vincent Murphy, Esq. Shirley Jean McEachern, Esq. David K. Borden Ernestine Cousineau, CLA Ted Brousseau Circuit Court Judge -5- IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY, FLORIDA CIVIL ACTION COLLIER COUNTY, FLORIDA, a political subdivision of the State of Florida, Plaintiff, DOANE-KEMPFER JOINT VENTURE, et al., Defendants. Case No. 95-5071-CA-01-TB Parcel Nos. 115 and 515 JOINT MOT_ION FOR S IPULAT D NA JUDGMENT Plaintiff, Collier County, Florida, and Defendant, Barron Collier Partnership, by and through their undersigned counsel, hereby move the Court to enter the Stipulated Final Judgment as to Parcel Nos. 115 and 515 attached hereto as Exhibit A. ANDREW G. SIKET Kelly, Price, Passidomo & Siket 2640 Golden Gate Parkway, Suite 315 Naples, Florida 33942 (941) 261-3453 Florida Bar No. 779415 ATTORNEYS FOR DEFENDANT, BARRON COLLIER PARTNERSHIP Dated: SHIRLEY JEAN MCEACHERN Assistant County Attorney Collier County Govt. Center Administration Bldg. 8th F1 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 Florida Bar No. 321044 ATTORNEY FOR PLAINTIFF Dated: 50'bcp~jdg m. nu, t nw2 EXF. IOtT Pro} ect Parcel The £ollowing described property is t.o be acquired ,n f*~'~c~£V JJ, TOWNSHIP 48 SOUTH, RANG~ 25 COLLIER COUNTX FLORIDA CRIP~ N F RI HT-OF-WAY PAI?~ ALL ~AT P~T OF LOT 14, g[~ A, PIN~ RIOG'~ $~CONO [X~N$ION , ..~ REPOT AS RECORO~ IN P~T BOOK 12. PAGES 57-58. PUELIC RECORD~ ' OF C~IER COUNt, ~ORIOA. OEINC ~E PAR~RLY GESCRIBEO A5 ' FO~ 0 ~: COMMENONC AT ~E 5~ST CORN~ OF SAIO LOT 14; THEN~ NOR~ 00'3~3~' ~ST ALONG ~E ~S~[Y LINE OF SAIO LOT 14 A OIST~ OF 135.44 ~ET TO ~E POINT OF BE~NNINC OF ~E PARCEL HEREIN BEING OES~IBED: ~EN~ C~NU~ ~C SAIO ~S~LY UNE OF SAID LOT ;4 NOR~ ~'37'~' ~EST 9.9~ ~ TO ~C BEGINNING OF A OR~L~ CUR~. C~ SOU~EAST~LY AND HA~NC A RADIUS 25. O0 NOR~S~RLT ~N~ OF ~0 LOT ~ ~O ~ ~RC OF ~R~ ~R~, ~ROU~ ~ ~N~L ~E OF 9ODO'IO~ ~N ~C OI~TAN~ ~ D~,27 ~' ~EN~ ~ONC ~E NOR~ERLY UN~ OF 5AID tOT 14 NOR~ E9~2'~2' EAS~ 113,37 ~T TO ~E BE~NNtNG OF A ~R~R ~R~. C~CA~ SOU~ERLY ANO HA~NC A RADIUS OF 5960.00 ~EN~ ~RLY ALPC ~E NOR~ERLY UNE OF ~O tOT 14 ANO ~E ARC OF SAID ORdeR ~R~. ~ROUGH A ~N~AL ANGLE OF 01~24' ~ ARC OtSTAN~ ~ 151.53 ~ TO AN IN~SEC~ON ~ ~E ~S~LY LINE OF A 30 F~T ~DC ALLEY ~T AS SHO~ ON SAgO P~' ~EN~ ~NC S~D N~ER[Y UNE OF S~O LOT 74 SOU~ ~'~'34' ~ST ~G ~E ~EST~LY UNE OF S~D A~EY ~S~ENT A DISTAN~ ~ 55.60 ~T; ~ ~A~NC S~O ~LY UNE NOR~ 45'37'26' ~ST 40.01 ~ TO AN IN~C~ON ~ ~IE ~C OF A ~RCULAR ~R~ C~ N~LY ~O~ R~tUS POINT BE~S 02~5'33' ~ST 7~9.68 ~; ~EN~ ~S~RLY ~ONC ~E ~C OF ~I0 ORCULAR ~R~ ~ROUCH A ~ ANC~ OF 0~'46'15' AN ARC O~STANCE OF 216.59 ~ET: ~EN~ SOU~ 8~0'~0' ~ST 45.~ ~ET TO THE POINT B~NNING ~ ~g PAR~L HEREIN DES~gD; C~T~NING 0.204 A~ES OF ~NO MORE ~ LESS; SU~Cf TO EAS~M~N~ ~0 R~S~IC~ONS O~ Proper:y Folio No.~s 67390560002 67390~20000 67390~80001 67390~0009 [ A~.',~ '"~ 67390400007 .o.~~ FEB 2 AS ~C~C&O IN ~ ~ a~ 15. PA~ 64-57 ~SUC RE~O~, C~ C~.[ PREPARED EY: ........ ~ rtlO~CT: NO. ~ Prt O..(CT PAJ1C[ L TAX PA.qC~L NO. EA5 7'. Project Parce! 11'~ The follo~,lng described property .,is to be acquired in fee simpZe. _PflO~CT P~,/~k ~--~. r^x P,~C~I No. ~ SECTION J J, TOWNSHIP 4,.3 $OUTII, RANGE 25 EAST, COLLIER COUNTY, FLORIDA RIPTI N F' RI liT- ~'-WAY f~.A~.L_ SEE SHEET 2 OF' 2 K T H ? RI HT- F--WA PAR . N T A R Y L6 -LOT LOT 13 LOT 2, TRACT PINE RIDGE SECOND EXTENSION REPLA T (P.a. I2. PG'~. 57--58) C! ~0~0'I0' 25.00 3~.27 C3 0I'46'13' 7009.68 216.59 216.58 $ N PREPARED BY: Pro~ect Parcel 515 The following described property is to be acquiredP~OJCC?PRO~:CT:p~C~LNO'~,~N~ as a slope easement. ~ P~L NO. ~ SECTION J~, TOWNSHIP ~ SOUTH, RANGE 25 EAST COLLIER COUNt, FLORIDA Property Folio No.'s 67390560002 67390520000 67390480001 67390440009 67390400007 FEB 2 5 ARC 8AS~'D C~ ~E S~ERLY R~T-~-W~Y LINE V~D~R~Lr P~T 8~ 15, PA~S 64-67 PUBLIC RECTOS, C~ C~N~, ~0~, PREPARED BY: o~. w^,n~, o. xc~ou, e,~.s...o, s~s ~A~ BY: ~ 0~: ~ 17 199~ ~EO BY: ~ ,P~O~CT ~0.:~ ~ N~ 4.335 AC~ N~ R/w-~335-37 Th~ following described property is to be acquired as a slope easement SECTION J4, TOWNSHIP 48 SOUTH, RANGE COLLIER COUNTX FLORIDA RIP T1 N' .SEE SHEET 2 OF 2 K'T H F AN RIPTI N N T A R Y' PnO.,Z::CT: NO.._.~......~ PROJECT PAJ~C[L NO:. ~ TAX PARC[.[. NO. -- 25 EAST $C.¢L~ t' - I00' I LOT 15 i LOT I2 LOT 11 ~ PROPOSED v,~,~7'~Stt T OE. AO*I RO.~O < PROPO,~rO P,. O. ~. P ,~R CEL '.:a SUMMERPLACE Z. A CONDOMINIUM (O.R. 87.9. PG. 79) t~ a~l LOT 2. TRACT 'B' .., I PINE RIDGE .S¢OND EXTENSION REPLA T ~P.B. 12. PCS. 57-58) I PEUCAN RIDGE , : O.R. 1527 ~"22'~2'w .Do PG. 603 ... I [SOUTHEASTERLY CORNER LOT 8EA~ RO~ g~NC S 80~'20' ~ ~ ~/01'~ ~ ~ ~T ~ PE~ ~AY. u~T AS REC~O~ ~ ~T B~ 15. PA~S 64-~7 ~C RECKS, C~MER ~N~. P.O.C. ~ POINT OF COMMENCEMENT O~ 10~ ~3N~1 1 ~ 3d C1VO~I ~OXOIH FEB ~ :::::::::~ .......... 1 FEB 2 5 1997 ,~. D£$CRIPTION OF RIGHT-OF-WAY AND DRAINAGE EASEMENTS A RIGHT-OF-WA~' AND DRAINAGE EASEkfENT OVER, UNDER AND ACROSS ALL " THAT PART OF TRAIL BOULEVARD, AS SHOWN ON THE PLAT OF PINE RIDGE SECOND EXTENSION. AS RECORDED IN PLA T BOOK 10, PAGE 86, PUBUC RECORDS OF COLLIER COUNTY. FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWE5TERLY CORNER OF LOT 14. TRACT A, AS SHOWN ON THE PLAT OF PINg RIDGE SECOND EXTENSION REPLAT. AS RECORDED IN PLAT BOOK 12, PAGES 57 THROUGH 58, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE NORTH 00'37'38' WEST ALONG THE WESTERLY LINE OF SAID LOT 14 A DISTANCE OF 136.44 FEET TO THE POINT OF BEGINNING OF THE EASEMENT HEREIN BEING DESCRIBEO; THENCE LEAVING SAID WESTERLY LINE SOUTH 88'50'40' WEST 80.00 FEET TO AN INTERSECTION WITH THE F~ESTERLY R.~CHT-OF-WAY LINE OF TRAIL BOULEVARD; THENCE SOUTH 00'37'38" EAST ALONG 5AID RIGHT-OF-WAY LINE A DISTANCE OF 24.26 FEET; THENCE LEAVING SAID RIGHT-OF-WAY LINE NORTH 72'0~'0g* EAST 83.92 FEET TO THE POINT OF BEGINNING OF THE EASEMENT HEREIN DESCRIBED; AND COMMENCING AT THE SOUTHWESTERLY CORNER OF LOT 6, TRACT A, AS SHOWN ON THE PLAT OF PINE RIDGE SECOND EXTENSION REPLAT, AS RECORDED IN PLAT BOOK 12, PAGES 57 THROUGH 58. PUBLIC RECORDS OF COLLIER COUNTY. FLORIDA; THENCE SOUTH 89'22'12' WEST ALONG THE WESTERLY PROLONGATION OF THE SOUTHERLY LINE OF SAIO LOT 5 A DISTANCE OF 40.00 FEET TO THE POINT OF BEGINNING OF '[HE EASEMENT HEREIN BEING DESCRIBED; THENCE CONTINUE SOUTH 89'22'12' WEST ALONG SAID PRO~.ONCATION A DISTANCE OF 40.00 FEET TO AN INTERSECTION WITH THE WESTERLY RIGHT-OF- WAY LINE OF TRAIL BOULEVARD; THENCE NORTH 00'37'38' WEST ALONG SAID WESTERLY RIGHT-OF-WAy LINE A DISTANCE OF 93.94 FEET; THENCE LEAVING 5AID ½ESTERLY RI~HT-OF-WAY LINE NORTH 89'22'~2' EAST 40.00 FEET: THENCE 50UTH 00'37'38' EAST 93.94 FEET TO THE POINT OF BEGINNING OF THE EA SEMEN T HEREIN DESCRIBED; CONTAINING 4,728 SOUARE FEET TOTAL AREA OF LAND MORE OR LESS; SUBJECT TO EASEMENTS AND R,~]CTIONS OF RECORD. AGNOU, SARf~'R ,~ BRUNDAGE/INC'. PRC'~E$~ONx~.L ENGINEERS. P~/A~ER$ AND'LAND SURVEYORS 3NI'IH31* -- OVO~t II II I1 O~ lO~ I II n FEB 2 5 1997 ,~.. &'~ O~ ~07 I % '~ '0 ~-3NI'~ 1 OVOEt 2,~tONOIH 6I~6 FEB 2 5 1997 Z9 201 zlO 3NIl ,1.1~3H11105 I'4: t,,, Ol 10'7 FEB 2 ,,5 1997 NO.~ FEB 2 5 19~7 ClVO~I AU, O)tOIH FEB ~ 5 1597 ._~2~ FEB 2 1997 '---'---"-~NI1 'M'O'~J M3N II II O~ 107 c~ LIJJJJ ='='1 1997 O~ 10~ Z 5 1BB7 MA TCHUNE 80' LOT 10 r~ 0 SOU ThlERL Y OF LOt mm HICKORY ROAD 989 988 LOT 10 O~ 10~ g DESCRIPTION OF RIGHT-OF-WAY AND DRAINAGE EASEMENTS A RIGHT-OF-WA~' AND DRAINAGE EASEMENT OVER. UNDER AND ACROSS ALL THAT PART OF TRAIL BOULEVARD, AS StlOWN ON THE PLAT OF PINE RIDGE SECOND EXTENSION. AS RECORDED IN P[AT BOOK I0, PAGE 86. PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWESTERLY CORNER OF LOT 14, TRACT A, AS S~,OWN ON THE PLAT OF PINE RIDGE SECOND EXTENSION REPLAT, AS RECORDED IN PLAT BOOK 12, PACES 57 THROUGH $8, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE NORTH 00'$7'38' WEST ALONG THE WESTERLY LINE OF SAID LOT 14 A DISTANCE OF 136.44 FEET TO THE POINT OF BEGINNING OF THE EASEMENT HEREIN BEING DESCRIBED; THENCE LEAVING SAID WESTERLY LINE SOUTH 88'50'40' WEST 80.00 FEET TO AN INTERSECTION 'MTH THE V~ESTERLY RIGHT-OF-WAY LINE OF TRAIL BOULEVARD; THENCE SOUTH 00"37'38" EAST ALONG SAID RIGHT-OF-WAY LINE A DISTANCE OF 24.26 FEET; THENCE LEAVING SAID RIGHT-OF-WAY LiNE NORTH 72'01'08' EAST 83.92 FEET TO THE POINT OF BEGINNING OF TI~E EASEMENT HEREIN DESCRIBED; AND COMMENCING AT THE SOUTHWESTERLY CORNER OF LOT 6, TRACT A, AS SHOWN ON THE ~LA T OF PINE RIDGE SECOND E CTENSIO'; REPLA T, AS RECORDED IN PLAT BOOK 12, PAGES 57 THROUGH 58. PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE SOUTH 89'22'12' WEST ALONG THE WESTERLY PROLONGATION OF THE SOUTHERLY LINE OF SAID LOT 6 A DISTANCE OF 40.00 FEET TO THE PO~,',IT OF BEGINNING OF THE EASEMENT HEREIN BEING DESCRIBED; THENCE CONTINUE SOUTH 89'22'12' WEST ALONG SAID PROLONGATION A DISTANCE OF 40.00 FEET TO AN INTERSECTION WITH THE WESTERLY RIGHT-OF- WAY LINE OF TRAIL BOULEVARD; THENCE NORTH 00'37"38' ~EST ALONG SA!D WESTERLY RIGHT-OF-WAY LINE A DISTANCE OF 93,94 FEET; THENCE LEAVING SAID ½ESTERLY RIGHT-OF-WAY LINE NORTH 89'22'12" EAST 40.00 FEET; THENCE SOUTH 00'37'38' EAST 93,94 FEET TO THE POINT OF BEGINNING OF THE EASEMENT HEREIN DESCRIBED; CONTAINING 4,728 SQUARE FEET tOTAL AREA OF LAND MORE OR LESS; SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. ACNOLI, 8.~,R;flER & ~,'~U~qDA.,~, INC. PROFESS;ON4,L ENGINEERE~ZPLANNERS AND LAND SURVEYORS ~.~A TCHLINE LOT 10 80' SOUTHERL Y LINE-x. .°~'°~ ~\ Ol 10-1 oo '~c ,~ .OQ EXECUTIVE Sb~Y PETITION NO. V-97-1. CRAIG R. WOODWARD OF WOODWARD, PIRES & LOMBA~DO, P.A. REPRESENTING EVELYN BREWER A/~D VIVIAN WOLFE, REQUESTING AN AFTER-THE-FACT VARIANCE OF 3.15 FEET FROM THE REQUIRED FRONT YARD SETBACK OF 30 FEET TO 26.85 FEET FOR AN EXISTING SINGLE FAMILY RESIDENCE LOCATED AT 467 KENDALL DRIVE ON M3kRCO I SIOkND. OBJECTIVE: The petitioner is requesting the above described variance in order to remove the existing setback violations caused in 1980. CONSIDERATIONS: This building was permitted, constructed and a Certificate of Occupancy was obtained in 1980. The residence was sold to the current owners in 1987. The current owners recently had an offer to sell the house. A survey required by the buyers revealed the encroachment. The applicant is requesting this variance in order to remove the violation. The Collier County Planning Commission reviewed this petition on February 7, 1997 and by a vote of 8-0 recommended approval. FISCAJ~ IMPACT: None. GROWTH btAdqAGEMENT IMPACT: None. HISTORIC/AdRCH~OLOGICAL IMPACT: Staff's analysis indicates that the petitioner's property is located outside an area of historical and archaeological probability as referenced on the official Collier County Probability Map. Therefore, no Historical/Archaeological Survey and Assessment is required. PLANNING COMMISSION RECOMMENDATION: That the Board of Zoning Appeals approve V-97-1. FEB 2 5 1997 p~. ~ PREPA~RED BY: CHAHRAM BAI)AMTCHIAN, Ph. D. , AICP SENIOR PLANER DATE REVIEWED BY: CURRENT PLANNING SECTION T A. C~ COMMUNITY DEVELOPMENT & ENVIRONMENTAL DATE DATE DATE SERVICES AGE:ND& rT~M, FEB ,~ 5 1997 AGENDA ITEM 7-G MZHO~DUM TO: COLLIER COUNTY PLJLNNING COMMISSION FROM: COMMUNITY DEVELOPMENT SERVICES DIVISION DATE: January 21, 1997 PETITION V 97-1 AGENT/;~PPLICAdqT: Agent: Craig P.. Woodward Woodward, Pires & Lombardo, P.A. 606 Bald Eagle Drive Marco island, FL. 34146 Owner: Evelyn Brewer & Vivian Wolfe 467 Kendall Drive Marco island, FL. 34145 REQUESTED ACTION: The petitioner is request:rig an after-the-fact variance of 3.15 feet from the required front yard setback of 30 fee% to 26.85 feet for an existing single family residence. GEOGR3~PHIC LOCATION: The subject property is located at 467 Kendall Drive and is further described as Lot 10, Block 594, Marco Beach Unit 23, Marco Island, Florida. PURPOSE/DESCRIPTION OF PROJECT: This building was permitted, constructed and a Certificate of Occupancy was obtained in i980. The residence was sold to the current owners in 1987. The current owners recently had an offer to sell the house. A survey requireJ by the buyers revealed the encroacD~ent. ?he applicant is requesting this variance in order to remove the violation. SLr~LROUNDING I~D USE AND ZONING: Existing: Surrounding: Nor[h -Single Fa-.ily Residence, zor Single Family Residence, zoned RSF-3 FEB 2 5 1997 East -Single Family Residence, zoned RSF-3 South -Single Family Residence, zoned RSF-3 West -Single Family Residence, zoned RSF-3 HISTORIC/ARCHAEOLOGICAL IMPACT: Staff's analysis indicates that the petitioner's property is located outside an area of historical and archaeological probability as referenced on the official Collier County Probability Map. Therefore, no Historical/Archaeological Survey and Assessment is required. EVALUATION FOR ENVIRONMENTALa__TRANSPORTATION AND INFRASTRUCTURE: Approval of this variance request will have no effect on infrastructure, transportation or environment. ANALYSIS: Section 2.7.5 of the Land Development Code grants the authority to the Board of Zoning Appeals to grant variances. The Planning Commission is advisory to the BZA and utilizes the provisions of Subsection 4) (a) through (h) which are general guidelines to be used to assist the Commission in making a determination. Responses to items (a) through (h) of Subsection 11.1 4) are as follows: Are there special conditions and circumstances existing which are peculiar to the location, size and characteristics of the land, structure, or building involved7 No, there are no circumstances or conditions peculiar to'this site. bo Are there special conditions and circumstances which do not result from the action of the applicant such as pre-existing conditions relative to the property which is the sttbject of the variance request? Yes, the applicants purchased a house which was built with proper permits and a Certificate of occupancy was issued by Building Department. will a literal interpretation of the provisions of this Land Development Code work unnecessary and undue hardship on the applicant? A~£ O --2- 1997 East -Single Family Residence, zoned RSF-3 South -Single Family Residence, zoned RSF-3 West -Single Family Residence, zoned RSF-3 HISTORIC/ARCHAEOLOGICAL IbfPACT: Staff's analysis indicates that the petitioner's property is located outside an area of historical and archaeological probability as referenced on the official Collier County Probability Map. Therefore, no Historical/Archaeological Survey and Assessment is required. EVALUATION FOR EbrVIRONI~ENTALt TPJkNSPORTATION ~ INF~TRUCT~: Approval of this variance request will have no effect on infrastructure, transportation or environment. ANALYSIS: Section 2.7.5 of the Land Development Code grants the authority to the Board of Zoning Appeals to grant variances. The Planning Commission is advisory to the BZA and utilizes the provisions of Subsection 4) (a) through (h) which are general guidelines to be used to assist the Commission in making a determination. Responses to items (a) through (h) of Subsection 11.1 4) are as follows: /%re there special conditions and circtunstances existing which are peculiar to the location, size and characteristics of the land, structure, or building involved? No, there are no circumstances or conditions peculiar to'this site. bo Co /%re there special conditions and circurnstances which do not result from the action of the applicant such as pre-existing conditions relative to the property which is the st~bject of the variance request? Yes, the applicants purchased a house which was built with proper permits and a Certificate of occupancy was issued by Building Department. will a literal interpretation of the provisions of this Land Development Code work unnecessary and undue hardship on the applicant? -2- FEB g 5 1997 Yes, if this violation is not removed, the owner will not be able sell the house. The only alternative will be to remove the part of the building encroaching into the required yard. d. Will the variance, if granted, be the minimum variance that will make possible the reasonable us~ of the land, building or structure and which promote standards of health, safety and welfare7 Yes, this variance is the minimum variance that will remove the existing violation. e. Will granting the variance requested confer on the petitioner any special privilege that is denied by these zoning regulations to other lands, buildings, or structures in the same zoning district? Yes, this variance will allow the petitioner to have a se[back which is less than the required setback for the districz. However, this variance, if granzed, will only remove an existing violation. f. Will granting the variance be in harmony with the general intent and purpose of this Land Development Code, and not be injurious to the neighborhood, or otherwise detrimental to the public welfare? No, grantinq of this variance will reduce ~he amount of the required front yard which will not be in harmony with the general inten[ and purpose of the LDC. However, approval of this request will not be injurious to the neighborhood or detrimental to the public welfare. Are there natural conditions or physically induced conditions that ameliorate the goals and object'yes of the regulation such as natural preserves, lakes, golf courses, etc.? No. h. Will granting the variance be consistent with the Growth Management Plan. Approval of this variance will not affes~ or change the requirements of the Growth Management Plan. -3- STA~FF P. ECC~brDATION: Staff recommends that the CCPC forward Petition V 97-1 to the BZA with a recommendation for approval. PREPTLP~ED BY: CHkHPJ~ BADA14TCHIA~N, Ph. D., AICP SENIOR P LJuNNE R DATE REVIEWED BY: ROBERT J. MULHERE, AICP, MANAGER CURRENT PL~ING SECTION DON3%LD W. ARNOLD, AICP, DIRECTOR DATE NG SERVICES/z~ VINCENT A. CAUTERO, ADMINISTRATOR COMITY DEVELOPMENT & ENWIRONMENTJLL sERVICES Petition Nuunber: V-97-1 Staff report for February 7, 199'! CCPC meeting. This Petition has tentatively been scheduled for February 25, 1997 BZA Public Hearing. Collier County Pla~Coramission: MICHAEL A. DAVIS, CHAIRPUiN -4- 1997 1 RESOLUTION NO. 97-__ ( ' 3 i~ELATING TO PETITION NI~ER V-97-1, FOR A VARiaNCE ON PROPERTY ' 4 HEREINAFTER DESCRIBED IN COLLIER COUNTY, FLORIDA. 5 WTIEREAS, the Legislature of the State of Florida in Chapter 125, 6 Florida Statutes, has conferred on all counties in Florida the power 7 to establish, coordinate and enforce zoning and such business .' 8 regulations as are necessary for the protection of the public; and 9 W~EREAS, the County pursuant thereto has adopted a Land 10 Development Code (Ordinance No. 91-102) which establishes regulations 11 for the zoning of pa:' .ular geographic divisions of the County, among 12 which is the granting of variances; and 13 WHEREAS, the Board of Zoning Appeals, being the duly elected ~4 constituted Board of the area hereby affected, has held a public 15 hearing after notice as in said regulations made and provided, and has 16 considered the advisability of a 3.15-foot after-the-fact variance 17 from the required 30 foot front yard setback to 26.85 feet as sho%~ on C the attached plot plan, Exhibit "A", in an RSF-3 RP zone for the 19 property hereiDafter described, and has found as a matter of fact that 20 satisfactory provision and arrangement have been made concerning all 21 applicable matters required by said regulations and in accordance with 22 Section 2.7.5 of the Zoning Regulations of said Land Development Code 23 for the unincorporated area of Collier County; and 24 WHEREAS, all interested parties have been given opportunity to be 25 heard by this Board in public meeting assembled, and the Board having 26 considered all matters presented; I 27 NOW THEREFORE BE IT RESOLVED BY THE BOARD OF ZONING APPEALS of 2a Collier County, Florida, that: 29 The Petition V-97-! fllod by Craig R. Woodward of Woodward, Pires 30 & Lombardo, P.A., reprementing Evelyn Drawer and Vivlan Wolfe, with 31 respect to the property hereinafter described as: Lot 10, Block ~94, MnrcO IluaCJi unl! 12.1, ,,u lu~:~i'du~l iii I'l.L I$ook 8, Pages 81 through 83, of the Public Records of Collier County, Florida. PAGE ! FEB :B S 1997 PI. ~ be and the s&me hereby is approved for a 3.15-foot after-the-fact 2 variance from the required 30 foot £ront yard setback to 26.85 feet as ! 3 sho~n on the attached plot plan, Exhibit "A", of the RSF-3-RP zoning 4 district wherein said property is located. 5 SE IT RF. SOLVED that this Resolution relating to Petition Number 6 v-97-I be recorded in the minutes of this Board. 7 This Resolution adopted after motion, second and majority vote. 8 Done this day of 9 h0 ATTEST: 11 DWIGHT E. BROCK, CLERK 12 13 14 16 APPROVED AS TO FORM A. ND LEGAL SUFFICIENCY: 19 M3tRJORI£ M. STUDENT 20 ASSIST;tNT COL,~TY ATTORNEY 22 V-97-1 RESOLUTION/19109 , 1997. BOARD OF ZONING APPEALS COLLIER COUNTY, FLORIDA TIMOTHY L. HANCOCK, CHAIRMAN 23 24 25 26 27 28 29 30 31 33 PACE 2 1997 P~,T CF SU~'Y ~ GORR~GT TO: LOT 10, ~ 594. ~CO I r.,O~TAMARA 'LLERENAI LEGEND .JI~OUNOARY .SUR\ ACTION SUR 'EK ...... EXhibit-"A" v~c~. (VARIANCE FROM SETBACK(S) PETITION NO. DATE PETITION RECEIVED PROJECT PLANNER ~A~ ~4) ~ (ABOVE TO BE FILLED IN BY STAFF) PETITIONER'S NAME Ev ' ' PETITIONER'S ADDRESS 467 Kendall Drive, Marco Island, FL 34145 TELEPHONE 488-4022 AGENT'S ADDRESS 606 Bald Ea le Drive Suite 500 Post Office Box One, Marco Island Fi 34146 TELEPHONE 394-5161 LEGAL DESCRIPTION OF SUBJECT PROPERTY: LOT(S) 10 Marco Beach SUBDIVISION Unit 23 SECTION___~__ TWP. ,5~Q. RANGE (If legal description is lengthy, i.e. metes & bounds description, attach additional page) CU~NT ZONING OF SUBJECT PROPERTY RSF-3 -~P BLOCK(S) 594 EXISTING LAND USE ON SUBJECT PROPERTY Residential Home ADJACENT ZONING & LAND USE ZONING LAND USE N RSF-3 ~f Residential S RSF.3~ Residential RSF ~ 5 ~ Residential E RSF~ ~ ~P Residential W MINIMIR~ YARD REQUIREMENTS FOR SUBJECT PROPERTY FRONT: 30' CORNER LOT: NO~(CIRCLE ONE) SIDE: 7.5' (10' Waterfront)WATERFRON LOT:QYES (CIRCLE ONE) 25' AG£N. p6 FEB 2 5 1997 1 ° /_/ . NATURE OF PETITION ProVide a detailed explanation of the request including what structures are existing and what is proposed; the amount of encroachment proposed using n%unbers, i.e. reduce front setback from 25' to 18'; when property owner purchased property; when existing principal structure was built (include building permit number if possible); why encroachment is necessary; how existing encroachment came to be; etc. 'FrOnt setback fronting Kendall Drive on Lot 10, Block 594, Marco Beach Unit 23, Plat Book 8, pages 81-83, a/k/a 467 Kendall Drive Marco Island, Florida is requested to be reduced from 30' to 26' along the existing home. Current property owners, Evelyn Brewer and Vivian Wolfe, acquired the property without knowledge of the violation, and now request a variance to bring their existing home into compliance. Ms. Brewer purchased the property in August 1987. The home was contructed in 1980. Please note that staff and the Collier County Planning Commission shall be guided in their recommendation to the Board of Zoning Appeals, and that the Board of Zoning Appeals shall be guided in its determination to approve or deny a variance petition by the below listed criteria (1-6). (Please address this criteria using additional pages if necessary.) 1. A~re there special conditions and circumstances existing which are peculiar to the location, size and characteristics of the land, structure, or building involved. Yes. Existing building constructed approximately 16 years ago. 2 AGEND,) II[M~ FEB 5 1997 2. A~e there special conditions and circumstances which do not result from the action of the applicant such as pre-existing conditions relative to the property which is the subject of the variance request. Yes. Applicant purchased the property and beca3ne aware of the setback problem only after it was recently surveyed. o Will a literal interpretation of the provisions of this zoning code work unnecessary and undue hardship or create practical difficulties on the applicant. Yes. The home is already existing and could not be brought into compliance with the 30' setback requirement without considerable and undue effort and expense. Will the variance, if granted, be the minimum variance ~hat will make possible the reasonable use of the land, building or structure and which promote standards of health, safety or welfare. Yes. This is the minimum variance needed'to bring the .p_~o e_p~ into compliance with the required froward setback. Will granting the variance requested confer on the petitioner any special privilege that is denied by these zoning regulations to other lands, buildings, or structures in the same zoning district. No. Because the variance request is for an existing structure built years ago. AGENDA IT~E M, No. ~ FEB 2 5 1997 Will granting the variance be in harmony with the intent and purpose of this zoning code, and not be injurious to the neighborhood, or otherwise detrimental to the public welfare. ~es. Because the request is for changing the setback of an existing home. It will not be injurious to the neighborhood or others. 7 o Are there natural conditions or physically induced conditions that ameliorate the goals and objectives of the regulation such as natural preserves, lakes, golf course, etc. No. The property is in a developed residential neighborho~ and does not abut any preserves, lake$~ golf cour~e~ nr n~her other natural elements that would be negatively affected this variance. o Will granting the variance be consistent with the growth management plan. Yes. Applicant is merely seeking to bring an existing, and otherwise complying~ residential home, in~Q ~onfo~mity w{th the setback requirements. A variance will not conflict with the growth management plan. AFFIDAVIT Evelyn Brewer I, Vivian Wolfe being first duly sworn, depose and say that I am the owner of the property described herein and which is the subject matter of the proposed hearing; that all the answers to the q~estions in this application, and all sketches, data, and other supplementary matter attached to and made a part of this application, are honest and true to the best of my knowledge and belief. I understand this application must be completed and accurate before a hearing can be advertised. I further permit Craig R. Woodward to act as my (AGENT'S NkME) representative in any matters regarding this Petition. SIGNATURE OF OWNER State of Florida County of Collier SIGNATURE OF OWNER The foregoing Agreement Sheet was acknowledged before me this /~ day of ~c_~-~a.<J , 1996 by ~w~///~h~//~/ / , who is personally known to me or W~0~s-p~oduced' as identification and who did (did not) take an oath. State of Florida County of Collier The foregoing Agreement Sheet was acknowledged before me this day of , 1996 by __, who is personally known to me or who has produced as identification and who did (did not) take an oath. (Signature of Notary Public) NOTARY PUBLi( Com.~, is s ion # My Com~issJ on PLAT OF' SURV~"Y CCRTIFU~ CORRECT TO:, Tomo~o Uerc~a; A.F.I. Uort~oqe ~p~ot;on. Its ~ccess~s ~d/~ ~sl~s; B~y & ~sd and Att~e~' ~tle Insurance Fund, ~¢. LOT t0, BLO~ 594, ~CO BEA~, UNiT ~N~-~REE. ~c~d~g Io the as r~d ~ Plat ~ 8, Po~s 81 Ihr~gh 83, Public Rec~ds of ~ller ~ty. Fl~ido. COT ~ PRIC~ WATERWA'~ L~T'i0 - I PRICE%OURT' r'o~ TAM ARA LLEREN A] LEGEND ACTION SURVEYS l"'"*"',.,.,....-'--' ""''--',..-.---"'"'-' I ,,, ~ ~.,m. ~.. . I~..-~,~,,,~,~ ~'~.'~'~-~ ~,~,. ~ ~,~ I~o.~.,' : /:~. ~o/JI/~ I o~O~ I'~-~'~ ~'~ BOUNDARY SURVE. ~ ~ ~ ~ ~3~2 . ~~ ~ 12~7:,~ . ~MMARY PETITION NO. V-96-31 DANIEL TETLOW, JR. REQUESTING A 7.25 FOOT DIMENSIONAL VAPdANCE FROM TtiE SIDE YARD SETBACK REQUIREMENT OF 7.5 FEET TO ALLOW AN EXISTING SINGLE FANFlL, Y DWELLING UNIT TO REMAIN AT .25 FEET FROM THE WESTERLY SIDE PROPERTY LI'NrE IN AN RSF-4 ZONING DISTRICT, FOR PROPERTY LOCATED IN NAPLES MANOR SUBDIVISION, UNIT 1, BLOCK 4, LOT 8, SECTION 29, TOWNSHIP 50S, RANGE 26E, COLLIER COUNTY, FLORIDA. OBJE~TI'IVE: The petitioner is requesting a variance of 7.25 feet from the required 7.5 foot side yard setback requirement to allow an existing single family residential structure to remain at .25 feet from the westerly side property line in order to obtain clear title to sell the property CONSIDERATIONS: Collier County property appraisers records indicate the structure was built in 1958, prior to the adoption of the current County Land Development Code (no record of the original building permit for the structure exists). Dimensions scaled off the submitted survey reveal the structure has approximately 1200 +/- square feet ofliving area. The petitioner purchased the subject property and structure in 1987 in its current non-conforming status. The present land development code requires a 7.5 foot side yard setback for principal structures in an RSF4 zoning district. Special conditions and circumstances exist which do not result from the actions ofthe applicant. The fact that the existing structure does not presently conform to current regulations does not result from actions by the present property owner. The literal interpretation of the provisions ofthis Land Development Code could work unnecessary and undue hardships on the applicant. Removing the portion ofthe structure which encroaches into the required side yard could alter the structure to such an extent as to make reasonable and functional use of the structure difficult. The applicant simply wishes to remedy the existing non-conforming status of'the structure through the variance process in order to obtain clear title to the property. appears that the existing roof encroaches into the neighboring property. At the Plat Commission meeting, staff recommended to the Commission that they consider adding the following stipulation to the resolution: The structure has existed in its current location for over thirty (30) years with no known detrimental effects to the surrounding neighborhood (adjacent propertie~, on east and west are presently vacant) or to the public. However, since the existing .25 foot side setback meets only approximately 3.33 percent ofthe required 7.5 foot side yard requirement, it fails to meet the general intent and purpose of' side yard requirements with regard to separation between structures, and the provisions for open space, light and air circulation. Also, it could be difficult to perform routine maintenance to the westerly side of the structure without encroaching into the neighboring property. If the requested variance was granted, subsequent structural additions to the building at .25 feet from the westerly property line could effectively increase the intensity of the reduced side yard setback which may be detrimental to the public welfare. Also. it FEB 5 1997 Should the subject structure be destroyed, moved or replaced (as defined in the Land Development Regulations in effect at the time) a structure may only be reconstructed on the subject property in conformance with the setback requirements and other applicable Land Use Regulations at the time ofreplacement. The County Attorney's office has reviewed this proposal and has indicated that since a vafi~ce is considered to "run with the land," their office could not support the above stipulation. After further consideration, the Collier County Planning Commission reviewed this petition on February 7, 1996 and by a vote of 8-0 recommended approval, without the aforementioned stipulation, but with others as indicated on the attached resolution. FISCAL I~IPACT: None. GROWTH MANA~: None. HISTORIC/ARCHAEOLOGICAL IMPACT: StaWs analysis indicates that the petitioner's property is located outside an area of historical and archaeological probability as referenced on the official Collier County Probability Map. Therefore, no Historical/Archaeological Survey is required. PLANNING COMMISSION RECOMMENDATION: That the Board of Zoning Appeals approve V-96-31 subject to any CCPC stipulations. PREPARED BY: y &' PKINCIPAL PLANNER DATE RE~qEWED BY: ~, AICP, MANAGER DATE CURRENT PLANNING SECTION DONALD W. ARNOLD, AICP, DIRECTOR DATE VINCENT A. CAUTERO, ADMINISTRATOR DATE COMMUNqTY DEVELOPNflENT & ENVIRON~IENTAL SVCS. FEB 2, 15 1997 AGENDA ITEM MEMORANDU.M TO: FROM: DATE: COLLIER COUNTY PLANNING COSQ. fISSION COMMUNITY DEVELOPMENT SERVICES DMSION JANUARY 10, 1997 V-96-31 A C E NT/OWNER: Agent: Not Applicable _) Daniel Tetlow, Jr. 4572 Eagle Key Circle Naples, FL 34112 REQUESTED ACTION: The petitioner is requesting a variance of 7.25 feet from the required 7.5 foot side yard setback to allow an existing single family residential structure to remain at .25 feet from the westerly side property line. According to the petitioner, a variance approval is necessary to obtain clear title in order to sell the property. GEOGRAPHIC LOCATION: The subject property is located at 5371 Dixie Drive and can be further described as Lot 8. Brock 4, Naples Manor, Unit 1, as recorded in Plat Book 3, Page 57 of the public records of Collier County, Florida, located in Section 29, Township 50 S, Range 26 E. PURPOSE/I)ESCRXP~ON OF PROJECT: The petitioner is requesting a 7.25 foot. dimensional variance to the side yard setback requirement of 7.5 feet to allow an existing single family residential dwelling unit to remain at .25 feet from the westerly side proper~y line. According to County records, the Naples Park Subdivision Unit 1 was recorded on December 7, 1956. The subject lot was originally platted at sixty (~,~0) feet wide by 135 feet deep, therefore, it fails to meet the Land Development Code's current n inimun,oa,8~rr£~, · ' e 997 .) ...) requirement of seventy (?0) feet for lots in an RSF-4 zoning district It exists today as a legal, non-con, forming lot of record. According to Collier County property appraisers records, the structure was built in 1958, prior to the adoption ofthe current County Land Development Code (the County does not have a record of the original building permit for the structure). Dimensions scaled off.the submitted survey reveal the structure has approximately 1200 +/- square Feet of living area. The petitioner purchased the subject property and structure in 198'/ in its current non-conforming status. The present land development code requires a '/.5 Foot side yard setback for structures in an RSF--4 zoning district. The property owner is unable to obtain clear title until the existing non-conforming status of the structure is remedied. SURROUNDING LAND USE AND ZONING: Existing: The site is developed with a Single family residencei zoned RSF-4 Surrounding: North - Forty (40) foot d~ainage easemem, RSF-4 South - Single family residence; zoned RSF-4 East - Vacant; zoned RSF.-4 West - Vacant; zoned RSF-4 GROWTtl MANAGEMENT PLAN CONSISTENC%': The requested variance does not have an impact on this property's consistency with the County's Growth Management Plan. ttlSTORIC/ARCHAEOLOGICAL IMPACT: Staff's analysis indicates that the petitioner's property is located outside an area of historical and archaeological probability as referenced on the official Collier County Probability Map. Therefore, no Historical/Archaeological Survey and Assessment is required. EVALUATION FOR ENVIRONMENTAL, TRANSPORTATION AND INFRASTRUCTURE: Approval of this variance request will have no effect on infrastructure, transportation or the environment. .ANALYSIS: Section 2.7.5 of the Land Development Code grants the authority to the Board of Zoning &ppeals (BZA) to grant variances. The Planning Commission is advisory to the BZA and utilizes the provisions of Subsection "4'.' (a) through (h) which are general guidelines to be used to assist the Commission in making a determination. Responses to items in this Subsection are as follows: AGENDA FEB 5 1997 ao Are there special conditions and circumstances existing which are peculiar to the location, size and characteristics of the land. structure, or building involved? Yes, special conditions and circumstances ex~ in that the subject structure was constructed in 1958, at .25 feet fi.om the we~erty side property line., Current regulations require structures in an RSF-4 zoning distrim to be constructed at a minimum of 7.5 feet from the side property line. Are there special conditions and circumstances which do not result f,rom the action of.the applicant such as pre-existing conditions relative to the property which is the subject of, the variance request? Yes, special conditions and circumstances ex~ which do not result fi.om the actions of the applicant. The petitioner purchased the subjex.~ structure as it presently exists, in 1987. Current regulations require structures located in an RSF-4 zoning district to maintain a 7.5 foot side yard setback. The fact that the c~ng structure does not presently conform to current regulations does not result from actions by the present property owner. Will a literal interpretation of the provisions of this Land Development Code work unnecessary' and undue hardship on the applicant? The literal interpretation of the provisions of t,SJs Land Development Code could work unnecessary and undue hardships on the appli?.~t. Ifthe applicant was required to remove the portion of the structure which enz=oaches into the required side yard, the structure could be altered to such an extent a.s to make reasonable and functional use of the structure difficult. do Will the variance, if'granted, be the minimum variance that will make possible the reasonable use of the land, building or structure and which promote standards of health, safety and well,are? The variance requested is the minimum varian:e which will allow the existing structure to remain in its present location and to make reasonable use of the structure as it presently exists. eo Will granting the variance requested confer on the petitioner any special privilege that is denied by these zoning regulations to other lands, buildings, or structures in the same zoning district? Granting the requested variance will not confer on the petitioner any special p is denied to other lands, buildings or structures in the same zoning district Th · FEB 2 5 1997 ho nonconforming structure does not exist through fault of the applicant, the applicant simply wishes to remedy the existing non-conforming status off the structure through the variance process in order to obtain clear title to the property. Will granting the variance be in harmony with the general inlent and purpose of this Land Development Code, and not be injurious to the neighborhood, or otherwise detrimental to lhe public welfare: The structure has existed in its current location for over thirty (30) years with no known detrimental affects to the surrounding neighborhood or public. However, since the existing .25 froot side setback meets only approximately 3.33 percent of the required 7.5 foot side 5'ard requirement, it fails to meet the general intent and purpose of side yard requirements with regard to separation between structures, and the provisions for open space, light and air circulation between structures. Additionally, it could be difficult to perform routine maintenance to the westerly side ofthe structure without encroaching into the neighboring property, lfrthe requested variance was granted, subsequent structural additions to the building at .25 feet from the westerly property line could effectively increase the intensity of the reduced side yard setback which may be detrimental to the public ,,vel f'are. Are there natural conditions or physically induced conditions that ameliorate the goals and objectives of the regulation such as natural preserves, lakes, golf courses, etc..'? No, the subSect site is a platted lot ofrtypical dimensions found in the Naples Park subdivision. The subject site is surrounded on the east, west and south sides by similar sized lots zoned for single family residential uses. Will granting the variance be consistent with the Growth Management Plan.'? The granting of the requested variance will not affect or change the requirements ofthe Gro~qh Management Plan. .) STAFF RECOMMENDATION: Staff recommends that the CCPC forward Petition V-96-3 ! to the BZA with a recommendation for~ with the following stipulations: 1. The existing structure may be altered within the scope ofroutine or required maintenance provided the alteration does not encroach upon the .25 foot westerly side setback allowed by this variance approval, nor any other setback requirement at the time of alteration. However, any enlargements of, or additions to the structure shall be in conformance with the required setbacks and any other requirements of the Land Development Code, at the time of enlargement. 2. Should the ~bject structure be destroyed, moved or replaced (as defined in the Land Development Regulations in effect at the time) a structure may only be reconstructed on th~ subject property, in conformance with the setback requirements and other applicable Land Use Regulations at the time of' replacement. AG£ND~ No. ~ FEB 5 1997 PREPARED BY: PPJNC[PAL PLANNER REVIEWED BY: ~AICP, MANAGER CURRENT PLANNING SECTION DONALD W. APdqOLD, AICP, DIRECTOR PL AuNNIN G SERVICES VINCENT A. CAUTERO, ADNfl'NISTRATOR CO,D, ffSNITY DEVELOPN~ENT & ENVIRONM]EN'I'AL SVCS. Petition Number: Staff Report for CCPC meeting. Th. is petiuon has been tentatively scheduled for BZA Public Hearing. Collier County Planning Commissi~u~ Michael A. Davis, Chairperson AGEN D,~ ~,T .E: M~ FEB 2 5 1997 26 27 28 29 30 31 32 33 34 RESOLUTION NO. 97- RELATING TO PETITION NIIMBER V-96-31, FOR A VARIANCE ON PROPERTY HEREINAFTER DESCRIBED IN 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 regulations for the zoning of particular geographic divisions of the County, among which is the granting of variances; and WHEREAS, the Board of Zoning Appeals, being the duly elected constituted Board of the area hereby affected, has held a public hearing after notice as in said regulations made and provided, and has considered the advisability of a 7.25-foot variance from the required side yard setback of 7.5 feet to 0.25 feet as shown on the attached plot plan, Exhibit "A", in an RSF-4 zone for the property hereinafter described, and has found as a matter of fact that satisfactory provision and arrangement have been made concerning all applicable matters required by said regulations and in accordance with Section 2.7.5 of the zoning Regulations of said Land Development Code for the unincorporated area of Collier County; and WHEREAS, all interested parties have been given opportunity to be heard by this Board in public meeting assembled, and the Board having considered all matters presented; NOW THEREFORE BE IT RESOLVED BY THE BOARD OF ZONING APPEALS of Collier County, Florida, that: The Petition V-96-31 filed by Daniel Tetlow, Jr., with respect to the property hereinafter described as: Lot 8, Block 4, Naples Manor Unit 1, as recorded in Plat Book 3, Page 57, of the Public Records of Collier County, Florida. FEB 5 1997 PAGE I 1 3 4 5 6 7 9 10 15 16 17 18 19 2O 21 22 23 26 27 29 3O 31 32 33 34 he end the same hereby is approved for a 7.ZS-foot variance from th, required side yard setback of 7.5 feet to 0.25 feet as shown on the attached plot plan, Exhibit "A", of the RSF-4 zoning district wherel said property is located, subject to the following conditions: 1. The existing structure may be altered within the scope of routine or required maintenance provided the alteration does encroach upon the .25 foot westerly side setback allowed by variance approval, nor any other setback requirement at the of alteration. However any enlargements of, or additions to structure shall be in conformance with the required setbacks and any other requirements of the Land Development Code, at the time of enlargement. 2. The variance approved shall only be granted for the locatic depicted on the attached plot plan. BE IT RESOLVED that this Resolution relating to Petition Number V-96-31 be recorded in the minutes of this Board. This Resolution adopted after motion, second and majority vote. Done this day of __, 1997. ATTEST: DWIGHT E. BROCK, CLERK BOARD OF ZONING APPEALS COLLIER COUNTY, FLORIDA TIMOTHY L. HANCOCK, CHAIR~tkN APPROVED AS TO FORM A~D LEGAL SUFFICIENCY: MARJORIE M. STUDENT ASSISTANT COUNTY ATTORNEY V-96-31 RESOLUTION/18996 PAGE 2 ' FE S1997 J PI~ SAVHUS ~ .' ' :' , its S~:('~qSOr ~ assi . ~{ ~e {or~Si~ plat rcl:rer.~ts a ~ue ~d ~orrect s~ey of t foll~ descr~ presses: as r~rde~ in' Plat P~.h r~b) ia. P~, Col 1{'~ Co~t7. rl~i~ ~ enc~ch~nts oUer ~ s~, ~ ~u~,~,ry li~ dis~ces. ~s*nents or cla~ , ~se~nts. }~ title soarch ~s ~n EXECUTIVE SUMMARY PETITION NO. CU-96-25, AGNOLI, BARBER & BRUNDAGE, INC., REPRESENTING COMMUNITY CONGREGATIONAL UNITED CHURCH OF CHRIST, REQUESTING CONDITIONAL USE "7" AND "11" OF 7'HE "A" ZONING DISTRICT FOR CHURCH EXPANSION AND ACCESSORY USES AND A CHILD CARE CENTER, FOR PROPERTY LOCATED AT 15300 TAMIAM] TRAIL NORTH, IN SECTION 9, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 5 ACRES, MORE OR LESS. OBJECTIVE: This petition seeks to expand the size of the existing conditionally approved church and to expand accessory and related church functions as well as introduce a child day care center. These are specifically provided under conditional uses "7" and "11" &the rural Agricultural zoning district. CONSIDERATIONS: The Community Congregational Church of Christ is an existing 16,282 square foot church that is located on the east side of US 41 approximately 'A mile south of the boundary between Lee and Collier County. The church property is a 5.0 acre parcel ofland. The Community Congregational Church of Christ intends to expand the church building to provide additional seating in the sanctuary, additional office space, an area for day care, classrooms, a fellowship hall, a kitchen facility, and storage rooms. The existing church building is a 16,282 square foot building that includes a 593 seat sanctuary. The church building expansion will increase the building size to 42,622 square feet with a sanctuary seating capacity of 840 seats. The church expansion plans also include a columbarium structure, additional parking, additional drainage improvements, and other related site improvements. Conditional use applications require a Finding of Fact pursuant to Section 2.7.4.4. of the Land Development Code. The Planning Commission reviewed and approved the staff recommendation which included an evaluation of each of the criteria which comprises the Finding of Fact. Additionally, the Planning Commission completes a more abbreviated response to each of the criteria. The commission's Finding are included in this Executive Summary, while the more extensive staff evaluation is contained in the approved staffreport. The Planning Commission heard this petition on February 6, 1997. They unanimously recommended approval (8 to 0). No person registered any opposition to approval &this petition. FEB 2 5 1997 P~, ~ FISCAL IMPACT: None. GROWTH MANAGEMENT IMPACT: None. PLANNING COMMISSION RECOMMENDATION: The Collier County Planning Commission (CCPC) recommends conditional approval of Petition CU-96.. 25 providing for on an expansion of an existing church and its related accessory functions Nd to establish a day care center in accordance with the conditions contained within the Resolution of ption. CHIEF PLANNER REVIEWED BY: J. MULttERE, AICP CU__~NT~,NNINO M~,~~ DONALD W. ARNOLD, AICP P~DIRECTOR ~ VINCENT A. CAUTERO, ADMINISIRATOR COMMUNITY DEV. AND ENVIRONMENTAL SVCS. DATE DATE DATE CU-96-25 EX SUMMARY/md FEB 2 5 1997 AGENDA ITEM 7-I MEMORANDUM TO: COLLIER COUNTY PLANNING COMA~SSION FROM: COMMLrNqTY DEVELOPNfENT SERVICES DIVISION DATE: JANUARY 3, 1997 RE: PETITION NO: CU-96-25 COMMUNqTY CONGREGATIONAL UNITED CHURCH OF CHRIST OWNER/AGENT: Agent: Owner: Agnoli, Barber and Brundage Inc. 7400 North Tamiami Trail, Suite 200 Naples, Florida 34108 Community Congregational United Church of Christ 15300 North Tamiami Trail Naples, Florida 341 I0 R__~Q 1~ S TED A C T 10 N.........._..._..~: This petition seeks to expand the size of the existing conditionally approved church and to expand accessory and related church functions as well as introduce a child day care center. These are specifically provided under conditional uses "7" and "11" of the Rural Agricultural zoning district. GEOGRAP1TIC LOCATION: The property lies on the east side of US 41 North/North Tamiami Trail, south ofthe entryway to the Audubon Country Club and Sterling Oaks by approximately 900 feet. (See illustration following page). The street address is 15300 North Tamiami Trail. PURPOSE/DESCRIPTION OF PROJECT: The Community Congregational Church of Christ is an existing 16,282 square foot church that is located on the east side of US 41 approximately 'A mile south of the boundary between Lee and Collier County. The church property is a 5.0 acre parcel of land in the north{ ,., ,~,,~ Section 9, Township 48 South, Range 25 East, Collier County. FEB 2 5 1997 ! Ps. "~ I The Community Congregational Church of Christ intends to expand the church building to provide additional seating in the sanctuary, additional office space, an area for day care, classrooms, a fellowship hall, a kitchen facility, and storage rooms. The existing church building is a 16,282 square foot building that includes a 593 seat sanctuary. The church building expansion will increase the building size to 42,622 square feet with a sanctuary seating capacity of 840 seats. The church expansion plans also include a eolumbarium structure, additional parking, additional drainage improvements, and other related site improvements. SURROUNDING LAND USE AND ZONING: Existing: Surrounding: North - East - South - West- The Community Congregational Church of Christ occupies a portion of a total site area of five (5) acres. That portion of the site currently not used consists of land with varying degrees of vegetation. This property is zoned "A" Rural Agricultural which includes an approved conditional use for a "church" (PU-83-17C). Immediately contiguous the north property line is located a retail nursery and landscape supply business (i.e. Szabo Nursery). Which is zoned "A" Rural Agricultural. To the east the land is vacant and zoned "A" Rural Agricultural. This property which is part of the Szabo properly ownership is a relatively narrow band of property that separates the church property from the Sterling Oaks PUD, a mixed-use residential development. This property is zoned "A" Rural Agricultural. To the south the land is vacant and zoned "A" Rural Agricultural. To the west lies the North Tamlami Trail/US 41 North. On the west side of the Tamiami Trail lies the Audubon PUD and more specifically a tract of land commercial development present is vacant. FEB 2 5 1997 Pg. ~ GROWTH M'ANAGEM'ENT PLAN ~ON$1STENCY: The property lies within the Urban Residential designated area on the Future Land Use Map to the Future Land Use Element. This land use classification provides for the total range of housing structure types and land uses generally found in residential neighborhoods, one of which is churches. The Land Development code establishes a procedure which may result in approving a development order for churches in residentially zoned districts. To that extent the other elements of the GMP are applicable these policies are typically applied at subsequently required approval stages. Finally, it should be appreciated that the subject property is legally authorized to have a church which was established pursuant to the then approved Master Site Plan. Traditionally conditional or special uses once approved then became uses permitted by fight, and like all uses permitted by fight their expansion is not subject to a rezoning action. The Collier County Land Development Code introduced the requirement for approved conditional uses to obtain additional conditional use approval for purposes of expansion. -lq'ISTORIC/A RCHA EOLOGICA L D,I'PA CT: Staff's analysis indicates that the petitioner's property is located outside an area of historical and archaeological probability a.s referenced on the official Collier County Probability Map. Therefore, no Historicat/Archaeological Survey and Assessment is required. EVALUATION FOR ENx, rIRONMENTAL TRANSPORTATION AND INFRASTRUCTURE: The subject petition has been reviewed by the appropriate staff'responsible for oversight related to the above referenced areas of'critical concern. This primarily includes a review by the Community Development environmental and engineering staff, and the Transportation Ser,,'ices Division staff. Their recommendations are reflected in the recommended Resolution of'Adoption. _CCRITERIA EVALUATION: The Current Planning Staff has coordinated a comprehensive evaluation of this land use petition and the criteria on which a £avorable determination must be based. This evaluation is intended to pro'ride an ob. fective, comprehensive ove~,iew of'the impacts of the proposed land use change, be they positive or negative, culminating in a staff` recommendation based on that comprehensive ove~Sew. The below listed criteria are specifically noted in Section 2.7.4.4 of' the Land Development Code thus requiring staff'evaluation and comment, and shall be used as the basis for a recommendation of approval or denial by the Planning Commission to the Board of County Commissioners. Each of the potential impacts or considerations identified during the staff review are listed under each of the criterion noted below, and are categorized as either pro or cons the case may be, in the opinion of staff`. Staff` review of' each of' the criterion is followed by a summary conclusion culminating in a determination of compliance, non-c,;mplia~0~,ffo~,Tr~, compliance wSth mitigation. ~o. ZL~ZZ..~ 3 FEB 2 5 1997 P~, ~ a. Consistency with this Code and Growth Management Plan. A development order approval that is consistent with applicable elements of the GM? and provisions ofthe LDC, must be considered on the positive side of conditional use evaluative criteria. Con.' Not applicable in view ofits consistency evaluation with the GM? and LDC. mrna n 1 ' in in ' The proposed use is authorized in the Urban M'ixed Use designated areas in zoning districts that subsequently provide for the use, either as a permitted or conditionally permitted use. Subsequently required approvals, namely the Site Development Plan application process provides the opportunity to ensure that all applicable requirements of the Land Development Code are complied with. This responsibility lies with administrative staff. Ingress and egress to property and proposed structUres thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe. The church fronts upon a State Highway 41, now a four lane median divided highway. ii) No local subdMsion streets are impacted by the expansion. iii) Fire suppression and emergency medical seN'ices are located on Vanderbilt Drive approximately 1.5 miles via Woods Edge Parkway and US 41. g_O~_: i) Unless appropriate design measures are taken in the form ofturn lanes both at the median and a site specific right turn lane, traffic conflicts may result with moving traffic on US 41. Summa~ Vehicle access to the property is provided by a fight-in, right-out access drive on US 41. Access to the proper~y is also available via a frontage road that e.~ends from the property north of the church. The frontage road emends from the fight-in, right-out access on the church property to the north along the front of the Szabo Nursery property and is connected to US 41 at a full access median opening that is located approximately 160' feet north of the north property line of the church property. The Community Congregational Church of Christ has an access easement for the use of the frontage road and the frontage road interconnection between the church and the Szabo property is open on Sundays and on weekdays during daytime business hours. Interface with a major highway provides unencumbered access to a host of community se~'ices and facilities. Traffic flow entering and exiting the site can be adequately addressed by road engineering improvements. As the intensity of church and related uses expand these improvements will be required by virtue of conditions placed on the approval. ,o. 4 FEB 2 5 1997 Pi. The effect the conditional use would have on neighboring properties in relation to noise, glare, economic or odor effects; The site is not contiguous to My residential development, does not in any manner impact residential development by virtue of its relationship to US 41 and e~sfing land use patterns. None mm I i n indln ' Churches generally constitute a passive use of land for the most part. It is only those limited time frames when church activities are being conducted that there is some potential for noise associated with the movement of automubiles. Noise emanating from actMties within the church (i.e. mus;c and singing) is unlikely to be of ,;,e magnitude that would irritate nearby residential areas and in any event the church is isolated from any existing or planned residential development. Compatibility with adjacent properties and other property in the district. ~ i) A church for the most part represents a passive use of land, and is therefore compatible with adjacent land uses. ii) The property has a no relationship to residentially used land. urnma nclu i n indin s ' By virtue of'its frontage on a major state highway and ex~sting land uses the church has only one contiguous boundary with a developed property with which it has a cross access easement to facilitate ingress and egress traffic movements to a full median opening at US 41. It is not possible to predict the eventual use of'the property fronting on US 41 south of the church property but the most likely development may very well be for additional conditional type uses such as retail nursery, driving range, social and fraternal organizations and the like. Such likely future uses would not be incompatible with the expanded church operation represented by this petition. STAFF RECOM'MENDATION: That the Collier County P/arming Commission (CCPC) recommend conditional approval of Petition CU-96-25 having the effect of approving an expansion of an existing church and its related accessory functions and establish a day care center in accordance with the conditions contained within the Resolution of Adoption. ~'~ARED ~Y: RDNAkD CHIEF PLAA,~,=ER A G £ .N. D, AJt' E~I~ 1 FEB 2 5 REVIEWED BY: DONALD W. ARNOLD, A.ICP ~ ~- G SERVICE~.q.-DEPARTMENT DLRECTOR VINCENT A. CAUTERO, ADMINISTRATOR CONO. fUNITY DEV. AND ENVIRONr~NTAL SVCS. DATE DATE DATE Petition Number CU-96-25 Staff'Report for February 7, 1997 CCPC meeting. NOTE: Th. is Petition has been advertised for the February 25, 1997 BCC meeting. COLLIER COUNTY PLANNING CO%g'HSSlON: MICI-LA. EL A. DAVIS, CHAIRMAN CU-96-25 STAFF REPORT/ix1 AGENDA. IT£M x FEB 2, 5 1997 PI. -- ~ November 4, 1996 Mr. Ronald Nino, AICP Senior Project Planner . Collier County Developmeni and Review Services 2800 North Horseshoe Drive - ... .... Naples, Florida 34 i 12 .. Community Congregational United Church of Christ: Conditional Use Application for Church Expansion ABB PN 5486EX Dear Ron: We are pleased ~o submit this application for Conditional Use Approval for expansion of the Community Congregational United Church of Christ. The Church is located on the east side of US 41 approximately one half mile south of the Lee/Chiller line. In submitting the application, the applicant is requesting a waiver of the requirement for a historical/archeological survey since the site is currently developed and not notably recognized for such resources. Further, we would like to point out that the Conceptual site plan being submitted proposes to enlarge and redesign as much of the Church's existing parking to meet existing requirements as possible, as required by the LDC. A portion ofthe parking lot, located in front and on the side of the Church does not make sense to modi~. To do so, would destroy existing very attractive mature landscaping, which would be less attractive from US 41 and create unnecessary added expense for the Church. Furthermore, these parking areas currently work effectively for the Church without creating any hardships. The applicant is requesting approval of parking as proposed. Finally, thc applicant recognizes that the LDC requires that 30% of'the Church's parking spaces and all drive isles must be paved. A notation to this effect is identified on the conceptual site plan. The site plan does not, however, specifically identify where paved parking will be located. The applicant' is proposing that the specific location of paved spaces be identified in conjunction with SDP approval. Your kind attention and assistance is sincerely appreciated. Yo s ,l~~r,, Director BJS:meb 10-357m6.1tr ~La. Ltx Office' 7400 Tamiami Trail N., Suite 200, Nap,cs, Rorida 33963 · (941) 597-3111 · FAX: ( . Lee Gotmt~. 1625 Hcndry St.,Suite 101,Fort biycrs, Florida 33901 · (941) 334-1173 * FAX: (9. FEB 2 5 1997 '41) 566-2203 334-t,?. _/O £U' 9 6-2 PETITION NO. COORDINATING PLANNER: DATE RECEIVED APPLICANT NAME (AGENT):. A.~noli, Barber & Brundaae, Inc~HONE: (941) 597-3111 APPLICANT ADDRESS: 7Z00 Tamiami Trail North, Suite 200, Naples~ FL 33963 PROPERTY OWNER (PETITIONER) NAME AND ADDRESS*: Unfted Church of Christ 1..530.0 North Tamiamf Trail, Naples, FL 34108 CommunJ ty ConRreRatJonal PHONE: (941) 597-1000 DETAILED LEGAL DESCRIPTION OF SUBJECT PROPERTY: SECTION: 9 TOWNSHIP: 48 South RANGE: 25 East See ExhJbit A PROPERTY I.D. #: SIZ~//OF PROPERTY: Z00 FT. X 5~5 FT. ACRES: ~,00 -GENERAL LOCATION A~:D ADDRESS OF SUBJECT PROPERTY: The Drooerty is located on t,be east side of U.S. 41 at 15300 North Ta:~iami Trail ZONING OF SUBJECT PROPERTY: A TYPE OF CONDITIONAL USE REQUESTED: ADJACENT ZONING AND LAND USE: ZON I ~G N ~ S A E A W PUD EXISTING LAND USE: Church expansion "7" LA. ND USE Landscape Sales and Nursery Vacant Landscape Sales and Nursery -1- AGENDA IT. EM x FEB 2 5 1997 NOTE staff recommendation to the Planning Commission and the ~lanning Commission recommendation to the Board of Zoning Appeals shall be based upon the following criteria. Please respond to the following criteria: Is this request consistent with the Land Development Code and Growth Management Plan? See Exhib~ B 2 o 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: See Exhibi~ B The effect the conditional use would have on neighboring properties in relation to noise, glare, economic and odor effect. See Exhibit B Compatibility with adjacent properties and other properties in the district. See Exh~b~ ~ B ER OR AGENT -2- AGENDA ITEM,,, No. ~ FEB g 5 1997 ,.,. AFFIDAVIT I, being duly sworn, depose and say that I am the owner of the property described herein and which is the subject matter of the proposed hearing; that all the answers to the questions in this application, and all sketches, data and other supplementary mater attached to and made a part of this application, are honest and true to the best of my knowledge and belief. I understand this application must be completed and accurate before a hearing can be advertised. I further permit ~gn~, ~r~9 ~.~3~C. 0 '(~GENT'S NAME)' - to act as my representative in any matters regarding this petition. SIGNATURE O~ State of Florida County of Collier The foregoing Agreement Sheet was acknowledged this ~day of ~/~~ , 199~_ by ~~ Y75 ~ before me p~rsonall~ knoQn-to me or who has produced . ~5 , who is identification and ~h~did (did not) take ah oath. as ( '~ ute of N~ Public) NOTARY PUBLIC Cor~ iss ion ~ ~';y Commission Expires: AG£NDA IT, EM '~ FEB g 5 1997 A?TACHlqENT A . LEGAL DESCRIPTION: Co:::encing at the intersection of the East-West ~ section line of Section 9, To~sbip 48 S., Range 25 E., and the eastern right-of-way line of SR-45 (U.S. Highway 4~) as monumented by the Florida Department of Transportation, as a plac~ of beginning; thence in a Northerly direction along th~ eastern right-of-way line of SR-45 (U.S. Highway At) a distance of 400.00'; thence in an easterly direction parallel to, and a distance of 400.00' from, the East-West k section line of Section 9, To~ship 48 S., Range 25 E., a distance of 545.00'; thence in a Southerly direction, parallel to, a distance of 545.00' from, the easterly righ[-of-way line of S.R. 45 (U.S. Highway 41) a distance of 400.00'; thence in a westerly direction along the East-West k section line of Section 9, To:mship 48 S., Range 25 E., a distance of 545.00' to the place of beginning. Containing 5 acres more or less.' AGENDA. IT.6.,,4., FEB g 5 1997 COMMUNITY CONGREGATIONAL CHURCH OF CHRIST CONDITIONAL USE REQUEST EXHIBIT B Ctc.peral: The Community Congregational Church of Christ is an existing 16,282 square foot church that is located on the east side of US 41 approximately 'A mile south ofthe boundary between Lee and Collier County. The church property is a 5.0 acre parcel of land in the northeast quarter of Section 9, TownsNp 48 South, Range 25 East, Collier County. The Community Congregational Church of Christ intends to expand the church building to provide additional seating in the sanctuary, additional office space, an area for day care, classrooms, a fellowship hall, a kitchen facility, and storage rooms. The existing church building is a 16,282 square foot building that includes a 593 seat sanctuar3'. The church building expansion will increase the building size to 42,622 square feet ,,,,4th a sanctua.ry seating capacity of 840 seats. The Church expansion plans also include a columbarium structure, additional parking, additional drainage improvements, and other related site improvements. 1. v v, ' . The proposed expansion of the Community Congregational Church of Christ is consistent with the Collier County Land Development Code (LDC) and the Collier Count')' Growth Management Plan. The expansion of the existing church does not cause any significant impacts or concerns relating to growth management issues, The church property is located in the Urban Residential Land Use Category of the Collier County Comprehensive Plan and the property has Agricultural zoning with a Provisional Use approval for the existing church that was approved on November 1, 1983 by Resolution No. 83-193 for Petition No. PU-83-17C. The use of the property as a church is an appropriate land use in the Urban Residential Land Use District. The expansion of the church development on the property does not raise an)' density or intensity of use issues and the impacts associated with traffic, drainage and water and sewer utility systems will be resolved as par~ of the Site Development Plan approval process. The site plan for the church expansion has been designed to comply with the requirements of the Collier County LDC and the development plan ,,,,511 provide adequate parking, drainage facilities, site access, utility systems, fire protection and open space. 2. 're a ' t' Vehicle access to the property is provided by a fight-in, right-out access drive on US 41. Access to the property is also available via a frontage road that extends from the property north of the church. The frontage road extends fi.om the fight-in, right- out access on the church property to the north along the front of the Szabo Nursery, property and is connected to US 41 at a full access median opening that is located approximately 160' feet north of the north properD' line of the church property. The Community Congregational Church of Ch. rist has a access easement for the use of the frontage road and the frontage road intercormection between the church and the Szabo property is open on Sundays and on weekdays during day'time business hours. The right-in, right-out access at the church property does not have a right turn lane and due to the Iow volume of weekday peak hour traffic and averaee daily AG£ND& ITEM,, N~. ~ FEB 1997 -- . .. .... .:... ........ ,.~ ..... .,._.:.,....,-~ .,.. ~- ................... ~ P.g~ ~_,('-ff' __ ,. traffic, no right turn lane is proposed at the church access point. The site plan for the church has been designed to provide proper vehicle and pedestrian traffic circulation. The plan also provides adequate access for fire equipment and emergency vehicles. 3. Impact on Neighboring Propertie~, The Community Congregational Church of Christ is an existing church that has been in operation at the subject property since 1983. The proposed expansion of the church facilities ',,,'ill not have any adverse effects on the abutting properties. Most church functions occur on Sunday mornings when other businesses are closed and traffic on US 41 is generally lower than weekday peak volumes. The expansion of the church facilities will not cause any significant increase in noise or lighting glare and the existing levels of noise or glare from the church are minimal. The church does not generate any commercial or industrial wastes or other substances that generate odors and no adverse odor effects will result due to the proposed church expansion. 4. Compatibility with adjace, v.t properties, The Community Congregational Church of Christ has been in operation on the current site since 1983 and the construction of the existing church precedes most of the surrounding development in the area. The church is compatible with the existing land uses in the area which are generally a mixture ofcommercial and residential uses. The Szabo Landscaping and Nurser)' business abuts the north and east sides ofthe church property. The west side of the church property abuts the US 41 right of way and the Audubon Country Club which is located on the ',,,'est side of US 41 across from the church. The Audubon Country Club project is a mixed use development that includes residential and commercial uses. To date only the residential uses in the Audubon Country Club project have been constructed. The south side of the is vacant land that is zoned Agricultural. It is anticipated that ti'tis property to the south may be rezoned to a commercial or residential use in the future and such a use would be compatible with the church and the existing uses in the area of the church. AG[ND& ITeM \ FEB 2 5 1997 church property. The church property has one access drive into the property on US 4 I. The church access drive intersection on US 41 is a right-in, right-out access. Access to the church property is also available via a frontage road system that extends to the Szabo Landscape Nursery property that abuts the north side of the church. The intersection of the frontage road access drive and US 41 at the Szabo property, is a full median opening access on US 41. No turn lanes are in place at the existing US 41 access point at the Szabo property. The Community Congregational Church of Chrlst does not have a clearly defined Radius of Development Influence (RDI) because the church traffic is less than 1% of the LOS C capacity of US 41. The 1995 Average Day Daily Traffic on US 41 at project site is 28,449 trips. The current level of service on US 41 is LOS A. Assuming a build oul year of 2000 for the project and a traffic growth rate of 3.9% the Average Day Daily Traffic on US 41 will be 37,512 trips and the level of service ,,,,'ill be LOS B in the year 2000. Most of the church traffic occurs on Sunday mornings when the background traffic is minimal. It is anticipated that no significant traffic impacts to the surrounding roads will result from the expansion of the church. The weekday peak hour traffic impacts from the proposed church expansion project are minimal and no turn lane improvements at the site access point are v,'arranted or proposed. The worst case scenario for evaluation of the need for a turn lane is the v,'eekday A.M. peak hour traffic. Since only 20 trips ',','ill enter the church property during the A.M. peak hour, no right turn lane at the site access point should be required. FEB 5 1997 Utility Provisions for Conditional Uses and Rezones 1. NAME: Communf~egation8I Church of Chris~ 2. ADDRESS:_/~rth Ta~ami Trafl, Nsples, FL 33963 PHONE: (9~1) 597-1000 3. LEGAL DESCRIPTION:_~hfbft A 4. TYPE OF SEWEGE DISPOSAL TO BE PROVIDED (Check applicabl~ system): A. CO~TY SYSTEM_~ B. CITY SYSTEM C. FRINCHISED SYSTEM NAME: D. PACKAGE TREATM~ PLANT CAPACITY (GPD) E. SEPTIC SYSTEM 5. TYPE OF WATER SERVICE TO BE PROVIDED (check applicable system): ko B. C. D. CO~4TY SYSTEM CITY SYSTEM FRINCHISED SYSTEM PRIVATE SYSTEM NAME: 6. TOTAL POPULATION TO BE SERVED: 'Haximum seating available in church. 7. PEAK AND AVERAGE DAILY DF~M3%NDES: 1. WATER-PEAK 2. SEWER-PEAK 8. IF PROPOSING TO CONNECT TO COLLIER COUNTY REGIONAL WATER SYST~, DATE SERVICE EXPECTED TO BE REQUIRED:__ N/A ~, 9. Provide a brief and concise narrative and schematic drawing of the sewage treatment process to be used as well as a specific statement regarding the method of affluent and sludge disposal. If percolation ponds are to be used, then percolation data of soil involved shall be provided from tests prepared by a professional engineer. /he Community Congregational United Church of Christ project presently has in use a septic drainfield to provide for sewage treatment. With the expansion of the Church facilities a sewage pump facility and force_main extension and connection to the County system is proposed. The Co~nunity Congregational United Church of Christ is presently served Collier County Utilities for water service. 10. A statement, in writing, signed by the owner should be provided agreeing to deed to the County Utilities the water distribution and sewage collection facilities within the project area upon completion of the construction of these facilities in accordance with applicable County ordinances. This statement should also include agreement that applicable system development charges and connection fees will be paid to the County Utilities Division prior to the issuance of building permits by the County Community Development Division. The statement should also contain agreement to.dedicate appropriate Utility Easements for serving the water ~nd sewer systems. APPROVER: COb~ENTS: FOR OFFICIAL USE ONLY DENIED: UTILITIES AD~4INISTRATOR -2- 158 2 5 1997 ..... "~" IN ~E 'A" ZONING DISTRI~ P~U~T TO SE~ION 9, ~SHIP 48 SO.H, ~GE 25 ~ST, · ~t~'-'.~"tt'J'~,' ~e ~gl~lat~m of the State of Fl~ridi' In Chapter '%7'J~246'~: :~s "~f "'FlOrida'.'~nd "~hapter '125 / Florida Statutes, has conferred 'on Collier Cowry ~m power to establi~h,"coordinate and .,.~,..~nforce z9ning and such business re.la,ions as are necessa~ for the -~.,--protection of the public; and ~S, the County pursuan= thereto has adopted a Land Development Code (Ordinance No. 91-102) which includes a Comprehensive Zoning Ordinance establishing re~lations for the zoning of pa~lcular geographic divisions of the County, among which is the granting of Conditional Uses; and ~H~S, 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 regulation~ made and provided, and has considered the advisability of Conditional Uses "7" and "11" of Section 2.2.2.3 in an "A" zone for church e~ansion and accesso~ uses and a child care center on the property hereinafter described, and has found as a matter of fac~ (E~hibi% "A") that satisfactory provision and arrangement have been made concerning applicable matters required by ~aid regulations and in accordance ~i=h Subsection 2.7.4.4 of the Land Developnen~ Code for the Collier County Planning Co=~ission; and ~S, all interested parties have been given opportunity to be heard by this Board tn a public meeting assembled and the Board having constd~re~ al~matters presented. NOW, THEREFO~ BE IT RESOLVED, .BY THE BO~D OF ZONING ~P~S of Collier County, Florida that: :t . -.'::..,~., ...,.,.,.~:.?. . ~: ........ : .... >.."~ · .... .... , . .. ' Community Congregational Unit~d'Church of Christ, with respect to th~ property hereinafter described as: '' Commencing ~t the ~ntersect~on of the East-West 1/4 section line of Section 9, Township 48 $., Range 25 E., and the .... -- . eastern right-of-way line of SR-45 (U.S. ~lghway ''"' monumented by the Florida Department of Transportation, as a ' "' place of' beginning~ thence fna Northerly direction along the .......... eastern right-of-way line of SR-45 (U.S. ~lghway 41) a ...distance of 400.00'; thence fn an easterly direction parallel ' '""?. '.~'.to, and a distance of 400.00' from,' the East-West 1/4 ~ection ..'".."'line of Section 9, Township 4~ S., Range 25 E.%"a distance of -' · '~'545.00'~ 'thence ln'a Southerly direction, parallel to~'a . distance of 545.00' from, the easterly right-of-way line Of .' .... '<" S.R.'45 (U.S. Highway 41) a distance of. 400.00'~ thence in a westerly direction along %he East-West 1/4 section line of Section 9, Township 48 S., Range 25 E.~ a distance of 545.00' to the place of beginning and containing 5 acres, more or less.' .... be and the sa~e is hereby approved for Conditional Uses "7" and "11" of Section 2.2.2.3 of the "A, zoning district for church expansion and accessory uses and a child care center in accordance with the Conceptual Master Plan (Exhibit "B") and subject to the following conditions: a. The Planning & Technical Services Manager may approve minor changes in the location, siting, or height of buildings, 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 conditional use application, and shall comply with all applicable County ordinances in effect at the tine of submittal, including Division 3.3, Site Development Plan Revie~ and approval, of the collier county Land Development Code (Ordinance No. 91-102). b. All subsequent development is subject to all a~plicable divisions and sections of the Collier County Land Development Code. c. The County and FDOT reserve the right of access control under the existing four lane or future six-lane condition for US 41 North. Nothing in any development pen-air issued by the County shall operate to west any right to a median opening in this project, nor shall the County be liable for any claim of damages due to the presence or absence of any median opening at any point along any road frontage of this project. d. Substantial co=petent evidence shall be provided by the developer to the effect that the project is designed provide capacity and treatment for historical roadway runoff. In addition, site drainage shall not be pernitted to discharge directly into any roadway drainage system. 1 e.. Road improvements required fo~ thi~ proJec%,"both'~ite"' specific and system capacity, shall be in place prior to the issuance of any Certificates of Occupancy for the development. f. Project entrances shall be designed to preclude the backing-up of entering Yehicles onto adjacent public roadways. BE IT FURTHER RESOLVED that this Re~olution be re¢0~ded In the minutes of this Board. .... .]. This Resolution adopted after motion, second and majority vote · . .~. Done this day of '' __, 1997.''. ..... BOARD OF ZONING APPEALS COLLIF-R COUNTY, FLORIDA BY: TIMOTHY L. H~NCOCK, CHAIRMJ%N ATTEST: DWIGHT £. BROCK, CLEP, K APPROVED AS TO FORM AND LEGAL SUFFICIENCY: MAP, JOR,IE M. STUDENT ASSISTANT COUNTY ATTORNEY CU-96-25 P,E$OLUTION/18793 ~MARY. PETITION NO. V-96-28 JOHN GRISSOM REPRESENTING LANDF&a.R_K CO]~O, fUN'iTI~_S, C/O MIKE JEPPESEN REQUESTING A 1.94 FOOT DIMENSIONAL VARIANCE FROM TIlE REAR YARD SETBACK REQUIREMENT OF FIVE (5) FEET FOR AN ACCESSORY STRUCTURE 1N A PUD ZONING DISTRICT, FOR PROPERTY LOCATED IN QUEEN'S PARK SUBDIVISION AT LAGO VEPdDE, PHASE SEVEN, LOT 189, SECTION 18, TOWNSHIP SOS, RANGE 26E, COLLIER COUNTY, FLORIDA. _OBJECTIVE: The petitioner is requesting the above described variance to the rear yard setback requirement for an accessory structure to allow an existing pool walkway and screen enclosure to remain at 3.06 feet from the rear property line. CONSIDERATIONS: The petitioner's representative states the need for the requested variance arose from an incorrectly scaled distance on a survey (dated 7/29/96) which caused the walkway/screen enclosure to be constructed in such a manner as to violate the rear yard setback requirement by 1.94 feet. The survey submitted with the building permit application indicated the left rear comer ofthe pool was to be constructed ten (10) feet from the rear property line. Five (5) feet greater than the minimum rear setback requirement offive (5) feet. Prior to the issuance ora certificate ofoccupancy, the as-built survey noted that portion ofthe pool had actually been constructed 3.06 feet from the rear property line. The requested variance results from the actions ofthe petitioner's pool contractor, and is not due to special conditions or circumstances peculiar to the land, structure or building. There are no pre-existing conditions or inherent conditions or circumstances associated with the land. Should the requested variance be denied, the applicant will retain access to the pool for cleaning and maintenance on three (3) sides. As an option, the applicant could remove the portion ofthe comer of the pool walkway which violates the rear yard setback requirement, while still maintaining that portion ofthe rear walkway which does not intrude into the setback, and retain access to the pool on four (4) sides. Granting ofthe requested variance will not be in harmony with the general intent and purpose o£ the Land Development Code. The purpose behind the establishment ofsetback requirements is to provide open space and separation between struct,,res, in a fair and equitable manner for all property owners. Surrounding property owners may feel aggrieved by a perceived impairment of the view of the waterway from their property due to the encroachment into the required setback. Note: Staffrecords indicate that this is the first such variance requested as a result oran error by this pool contractor. Staffwill continue to monitor all a~er-the-fact variances and where there is evidence ora pattern of after-the-fact variances, staffwill report this information to the Board and AGENDA NO. ~ FEB g 5 1997 to the Contractor's Licensing Board and Department of Business and Professional Regulations as desired by the Board. At the January 2, 1997 meeting of the Planning Commission, the Commissioners voted unanimously to continue this petition to the February 7, 1997 meeting in order to give the applicant's representative another opportunity to appear at the meeting and be heard. The Collier County Plarming Commission reviewed this petition on February 7, 1996 and by a vote of 8-0 recommended approval ofthis variance request. FISCAL IMPACT: None. ~ROWTH MANAGEMENT 131PA~ None. HISTORIC/ARCHAE~GICAL ~'PACT: Staff's analysis indicates that the petitioner's property is located outside an area ofhistorical and archaeological probability as referenced on the official Collier County Probability Map. Therefore, no Historical/Archaeological Survey and Assessment is required. PLANNING COMMISSION RECOMMENDATION: That the Board of Zoning Appeals approve V-96-28 subject to any CCPC stipulations. PREPARED BY: PRINCIPAL PLANNER a,/~////9 7 DATE REVIEWED BY: ROi3ERT J. MULHERE, AICP, MANAGER DATE CURRENT PLANNING SF~TION DONALD W. ARNOLD, AICP, DIRECTOR VINCENT A. CAUTERO, ADMINISTRATOR COMMUNITY DEVELOPN~NT & ENVIRONMENTAL SVCS. DATE DATE FEB 5 1997 AGENDA ITEM 7-A MEMORANDUM TO: FROM: DATE: RE: COLLIER COUNq"Y PLANNING COMMISSION COMMUNITY DEVELOPMENT SERVICES DIVISION JANUARY 2, 1997 V-96-28 AGENT/OWNER: Agenl: John Grissom, Diamond Pool Construction 27078 Oliver Drive Bon/ta Springs, FL 34135 Owner: Landmark Communities, c/o Mike Jeppesen 790 Harbor Drive Naples, Florida 33940 REQUESTED ACTION: The petitioner is requesting a variance of 1.94 feet from the required 5 foot rear yard setback requirement for an accessory structure, to allow an existine po I walkway and screen enclosure to remain at 3.06 feet from the rear property line. The petit'[oner°'s representative states the need for the requested variance arose from an incorrectly scaled distance on a survey (dated 7/29/96) which caused the pool/walk'way to be constructed in such a manner as to violate the rear yard setback requirement by 1.94 feet. GEOGRAPHIC LOCATION: The subject property is located at 3810 Groton Court and can be further described as Queen's Park Subdiv/sion at Lago Verde, Phase Seven, Lot 189, as recorded in Plat Book 26, Pages 24- 25 ofthe public records of Collier County, Florida, located in Section 18, Township 50 S, Range 26E. AGEND,~ IT~J~ % FEB 1997 PI. ~ PURPOSE/DESCRiPTION OF PROJECT: The petitioner is requesting a 1.94 foot dimensional variance to the rear yard setback requirement offive (5) feet for an accessory structure, to allow an exLs'ting pool walkway and screen enclosure to remain at 3.06 feet from the rear property line. The survey submitted with the building permit application indicated the left rear comer oftbe pool was to be constructed ten (10) feet from the rear property line, thus, within the rear yard setback requirement. Prior to the issuance ora certificate of occupancy, it was noted lhat the pool had actually been constructed 3.06 feet from the rear property line. The applicant's representative claims the difference of 6 94 feet between the survey submitted at time of application for a building permit and the as-buih survey, resuhed.from Diamond Pool Construction incorrectly scaling the distance off.the original survey from ;he comer of the pool to the rear property line. SURROUNDING LAND USE AN'D ZONING: Existing: The site is developed with a Single family residence; zoned PUD Surrounding: North - Lake; zoned PUD South - Single family residence; zoned PUD East - Single family residence: zoned PUD West - Vacant; zoned PUD GROWTIt MANAGEMENT PLAN CONSISTENCY: The requested variance does not have an impact on this property's consistency with the County's Gro,.vth Management Plan. EIlSTO RIC/A RCI:tAEO LOGICAL I3,IPACT: Staff's analysis indicates that the petitioner's property is located outside an area ofhistorical and archaeological probability as referenced on the official Collier County Probability Map. Therefore, no Historical/Archaeological Survey and Assessment is required. EVALUATION FOR ENVIRONMENTAL, TRANSPORTATION AND I~qZRASTR UCTURE: Approval of this variance request will have no effect on infrastructure, transportation or the env/ronment. ANALYSIS: Section 2.7.5 of the Land Development Code gives the authority to the Board of Zoning (BZA) to grant variances. The Planning Commission is advisory to the BZA and utilizes t 2 NO. ~ FEB g 5 provisions of Subsection "4" (a) through (h) which are general guidelLnes to be used to assis~ the Commission in making a determination. Responses to items in th. is Subsection are as follows: Are there special conditions and circumstances existing which are peculiar to the location, size and characteristics of the land, structure, or building involved? No, the subject site is comprised of typical dimensions ofplatted, cul-de-sac lots found throughout the Queen's Park subdivision. The requested variance results fi.om the actions of the petitioner's pool contractor, and is not due to special conditions or circumstances peculiar to the land, structure or building. Are there special conditions and circumstances which do not result from the action of the applicant such as pre-existing conditions relative to the properly which is the subject 6f the variance request? Nc~, there are no pre-existinig conditions relative to the subject site. The need for the variance is as a result of the actions ofthe petitioner's pool contractor, not due to some inherent conditions or circumstance associated with the land. Co Will a literal interpretation of the provisions of this Land Development Code work unnecessary and undue hardship on the applicant? Should the requested variance be denied, the applicant will retain access to the pool for cleaning and maintenance on three (3) sides As an option, the applicant could remove the portion ofthe comer of the pool walkway v,'hich violates the rear yard setback requirement, while still maintaining that portion of the rear walkway which does not intrude into the setback, and retain access to the pool on four (4) sides. Therefore, the literal interpretation ofthe provisions ofthis Land Development Code will not work unnecessary and undue hardship on the applicant. Will the variance, ifgranted, be the minimum variance that will make possible the reasonable use of the land, building or structure and which promote standards of health, safety and welfare? The requested variance is the minimum variance which ,.vill make possible use ofthe land and the pool structure as it is presently constructed, however, reasonable use ofthe land and structure is possible without the use ora variance. There do not appear to be significant health, safety and welfare issues associated with the requested variance as the requested variance will allow an existing structure to remain, with one comer of the pool structure encroaching into the rear yard setback NO. ~ FEB 5 1997 The 8r~ntin,g of the rcqucstcd v~rJance ,,viii not all'm er chJm~¢ thC r~qu~rcn'~¢m~ gl Jn¢ Growth Mllniqtcmcnt Plan, STAFF RECOMMENDATION: Staffrecommends that the CCPC forward Petition V-96-28 to the BZA with a recommendation for denial. Note: StatTrecords indicate that th. is is the first such variance requested as a result ofan error by this pool contractor. Staffwill continue to monitor all after-the-fact variances and where there is evidence ora pattern ofafter-the-fact variances, staffwill report this information to the Board and to the Contractors Licensing and Department of Business and Professional Regulations as desired by the Board. AG£ND6 FEB ,~ 5 1997 STAFF RECOMMENDATION: Staff recommends that the CCPC forward Petition V-96-28 to the BZA with a recommendation for denial. Note: Staffrecords indicate that this is the first such variance requested as a result of an error by this pool contractor. Staffwill continue to monitor all after-the-fact variances and where there is evidence of a pattern of after-the-fact variances, staff will report this information to the Board and to the Contractors Licensing and Department of Business and Professional Regulations as desired by the Board. .o. 13r,'t/t 't l FEB IB 5 1997 .) At the .la, nua. ry 2, 199'7 meeting of the ?]annin$ Commissioa, the Comrrfissioners voted unanimously to continue ti'tis petition to the February 7, 1997 meeting in order to give the applicant's representative another opportunhy to appear at the meeting and be heard. The following information is provided at the comrrfission members request: A certificate of occupancy (C.C.) was issued for the dwelling unit and the pool on November 4, 1996. The structure appears to be occupied and a telephone conversation to Mike Jeppesen of Landmark Communities on January 2, 1997 revealed that Landmark Communities is no longer the owner of the subject property (they were at the time of application signed November !, 1996 and received by Planning Services Department on November 7, 1996). .3 FEB 2, 5 1997 PREPARED BY: PRINCIPAL PLANNER DATE REVIEWED BY: ~R CURRENT PLANNING SECTION DONALD W. ARNOLD, AICP, DERECTOR PLANNING SERVICES DATE VINCENT A. CAUTERO, ADMINISTRATOR ~ CO?~fUN-ITY DEVELOPiV[ENT & ENVIRONMENT.-U.. SVCS. Petition Number: V-96-28 StaffRepon for February 7, 1997 CCPC meeting. This petition has been tentatively scheduled for February 25, 1997 BZA Public Hearing. Collier County Planning Commission: Michael A. Davis, Chairperson AGENDA LT E M'~ No, ~ FEB 2 5 1997 Pl. ~ RESOLUTION NO. 97- RELATING TO PETITION NUHBER V-96-28, FOR A VARIANCE ON PROPERTy HEREINAFTER DESCRIBED IN 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 /he public; and WHEREAS, the County pursuant thereto has adopted a Land Development Code (Ordinance No. 91-102) which establishes regulations for the zoning of Particular geographic divisions of the County, among which is the granting of variances; and WHEREAS, the Board of Zoning Appeals, being the duly elected constituted Board of the area hereby affected, has held a public hearing after notice as tn said regulations made and provided, and has considered the advisability of a 1.94-foot variance from the required 5 foot rear yard setback for accessory structures to 3.06 feet as sho~n on the attached plot plan, Exhibit "A", in a PUD zone for the property hereinafter described, and has found as a matter of fact that satisfactory provision and arrangement have been made concerning all applicable matters required by said regulations and in accordance With Section 2.7.5 of the Zoning Regulations of said Land Development Code for the unincorporated area of Collier County; and WHEREAS, all interested Parties have been given opportunity to be heard by this Board in public meeting assembled, and the Board having considered all matters presented; NOW THEREFORE BE IT RESOLVED BY THE BOARD OF ZONING APPEALS of Collier County, Florida, that: The Petition V-96-28 filed by John Grissom of Diamond Pool Construction, Inc., representing Land~ark Communities, With respect to the proper~y hereinafter described as: Lot 189, Queen,s Park at Lago Verde, Phase ?, as recorded tn Plat Book 26, Pages 24-25, of the Public Records of Collier County, Florida. PAGE I FEB 2 5 199;' be and the same hereby Is approved for a 1.94-foot variance from th~ required 5 foot rear yard setback for accessory structures to 3.06 feet as shown on the attached plot plan, Exhibit "A", of the PUD zoning district wherein sa~d property is located. 6 BE IT RESOLVED that this Resolution relating to Petition Number 7 V-96-28 be recorded in the minutes of this Board. 8 Commissioner offered the foregoing 9 Resolution and moved for its adoption, seconded by Commissioner 10 and upon roll call the vote was: 11 12 AYES: 23 NAYS: 14 ABSENT AND NOT VOTING: 15 ABSTENTION: 16 17 Done this _ day of 18 , 2997. 19 ATTEST: 20 DWIGHT E. BROCK, CLERK 21 BOARD OF ZONING APPEALS COLLIER COUNTY, FLORIDA 22 23 24 CHAIRMAN 25 APPROVED AS TO FORM AND LEGAL SUFFICIENCY: 26 28 MARJORIE M. STUDENT 29 ASSISTANT COUNTY ATTOR/;Ey 30 V-96-28 VARIANCE RESOLUTION/18827 31 32 33 34 PAGE 2 AG[~]T~., % FEB 2 5 1997 OUEENS PARK Ar Z ~GO VERDE PHASE SE PLA T BOOK 2~, 24-25 K~NT DRIV~ N EXECUTIVE SUMMARY PETITION NO. V-96-30 JOEL E. METTS REPRESENTING FRANCIS A. OAKES OF OAKES PRODUCE MARNET, REQUESTING A VARIANCE OF 15 FEET FROM THE REQUIRED SIDE YARD SETBACK OF 15 FEET TO -0- FEET FOR A PROPERTY LOCATED AT 2205 DAVIS BOULEVARD. OBJECTIVE: The petitioner is requesting the above described variance in order to replace and expand a portion of an existing building. CONSIDERATIONS: The applicant is in the process of improving the site by reconfiguring the parking lot, adding handicap parking spaces, closing one of the accesses to the site and landscaping the site. As part of this improvement the applicant wishes to remove a small portion of the existing building and replace it with a larger building. The existing building, including the portion to be replaced, is located on the site with a zero side yard setback. The applicant wishes to build the addition on the existing building line requiring a 15 foot side yard setback variance. The applicant, concurrently with this variance petition, has applied for a Site Development Plan, which is under review and pending the approval of this petition. If this variance is granted and the SDP is approved, the site, with only minor exceptions, will be brought up to current Code for parking, landscaping and buffers. The Collier County Planning Commission reviewed this petition on February 7, 1997 and by a vote of 8-0 recommended approval. FISCAL IMPACT: None. GROWTH MANAGEMENT IMPACT: None. HISTORIC/ARCHAEOLOGiCAL IMPACT: Staff's analysis indicates that the petitioner's property is located outside an area of historical and archaeological probability as referenced on the official Collier County Probability Map. Therefore, no Historical/Archaeological Survey and Assessment is required. PLANNING COMMISSION RECOMbfENDATION: That the Board of Zoning Appeals approve V-96-30. FEB 2 5 1997 PREPARED BY: CHAHRAM BADAMTCHI7%N, Ph.D., AICP SENIOR PLANNER DATE REVIEWED BY: ROB~ERT J. MULHERE, AICP, MJ%NAGER DATE CURRENT PL~/W~ NING ~ DONALD--W. ARNOLD, AICP, DIRECTOR PLANN/~G SERVICES ~I~CENT A. CAUTERO, ADMINISTRATOR DATE CO~UNITY DEVELOPMENT & ENVIRONMENTAL SERVICES ~ATE FEB 2 5 1997 AGENDA ITEM 7-E TO: FROM: DATE: RE: MEMORANDUM COLLIER COUNTY PLANNING COP[MISSION COM~fUNITY DEVELOPMENT SERVICES ~IVISION January 22, 1997 PETITION V 96-30 AGENT/APPLICANT: Agent: Joel E. Metts 3824 Exchange Ay. Naples, FL. 34104 Owner: REQUESTED ACTION: Francis A. Oakes Jr. 2205 Davis Blvd. Naples, FL. 34104 The petitioner is requesting a variance of 15 feet from the required side yard setback of 15 feet to -0- feet for a portion of an existing commercial building to be replaced and expanded. GEOGRAPHIC LOCATION: The subject property is located at 2205 Davis Blvd., Section 2, Township 50 South, Range 25 East, Collier County, Florida. PURPOSE/DESCRIPTION OF PROJECT: The applicant is in the process of improving the sitj by reconfiguring the parking lot, adding ha'ndicap parking spaces, closing one of the accesses to the site and landscaping the site. As part of this improvement the applicant wishes to remove a small portion of the existing building and replace it with a larger building. The existing building, including the portion to be replaced, is located on the site with a zero side yard setback. The applicant wishes to build the addition on the existing building line requiring a 15 foot side yard setback variance. SURROUNDING LAND USE AND ZONING: Existing: Surrounding: -Produce Market, zoned C-4 North -Single family residence, zon~ East -Restaurant, zoned C-4 -!- FEB g 5 1997 P~. ~ __J '997 South -Retail, zoned C-5 West -Vacant, zoned C-4 HISTORIC/ARCKAEOLOGICAL IM!~ACT: Staff's analysis indicates that the pe'titioner's property is located outside an area of historical and archaeological probability as referenced on the official Collier County Probability Map. Therefore, no Historical/Archaeological Survey and Assessment is required. EVALUATION FOR ENVIRONM~NTA/~, TRANSPORTATION AND INFRASTRUCTUP, E: Apprcval of this variance request wlll have no effect on infrastructure, transportation or environment. ANALYSIS: Section 2.7.5 of the Land Develcpment Code grants the authority to the Board of Zoning Appeals to gran~ variances. The Planning Commission is advisory to the BZA and utilizes the provisions of Subsection 4) (a) through (h) which are general guidelines to be used to assist the CoMmission in making a determination. Responses to items (a) through (h) of Subsection 11.1 4) are as follows: so A.re there special conditions and circumstances existing which are peculiar to the location, size and characteristics of the land, structure, or building involved? Yes, there is an existing building built on the side property line. The applicant wishes to replace a portion of this building using the existing building line. ' bo A~e there special conditions and circumstances which do not result from the action of the applicant such as pre-existing conditions relative to the property which is the s%~bject of the %rariance request? Yes, this site contains a building built on the side property line. The applicant is replacing a small portion of this existing building. Will a literal interpretation of the provisions of this Land Development Code work unnecessary and undue hardship on the applicant? -2- AG£.ND~ ITE~I~I~ Plo. ~ FEB 5 1997 No, a literal interpretation of the Land Development Code will not create a hardship on the applicant. d. Will the variance, if granted, be the ~nimum variance that will raake possible the reasonable use of the land, building or structure and which promote standards of health, safety and welfare? No, a variance is not necessary to make possible the reasonable use of the land or the building. There is an existing building on this site built on the side property line. However, the proposed building will not encroach into the side setback any further than the existing building. Will granting the variance requested confer on the petitioner any special privilege that is denied by these zoning regulations to other lands, buildings, or structures in the same zoning district? Yes, this variance will allow the petitioner to have a side yard setback which is less than the required setback for the district. However, this variance, if granted, will allow the petitioner to replace a small portion of the existing building using the existing setbacks. f. Will granting the %rariance be in harmony with the general intent and purpose of this Land Development Code, and not be injurious to the neighborhood, or otherwise detrimental to the public welfare? Granting of this variance will reduce the amount of the required side yard which will not be in harmony with the general intent and purpose of the LDC. This will allow a relatively small expansion in line with pre-existing structure, which was legally constructed. Additionally, site improvements including parking for the disabled, landscaping and improved vehicular access will be completed. Thus, approval of this request will not be injurious to the neighborhood or detrimental to the public welfare. g. Are there natural conditions or physically induced conditions that ameliorate the goals and objectives of the regulation such as natural preserves, lakes, golf courses, etc.? No. h. Will granting the variance be consistent with Management Plan. -3- FEB 2 5 1997O Approval of this variance will not affect or change the requirements of the Growth Management Plan. STAFF RECOMPfENDATION: Staff recommends that the CCPC forward Petition V 96-30 to the BZA with a recommendation for approval. PREPARED BY: CHAHRAM BADAMTCHIAN, Ph.D., AICP SENIOR PLANNER DATE REVIEWED BY: ROBER~f J' ~; ~'"~'-~, ~ANAGER CURRENT PLANNING SECTION DONALD W. 7LRNOLD, AICP, DIRECTOR DATE DATE iERVICES VINCEN? A. CAUTERO, ~TRATOR COFfMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES Petition Number: V-96-30 Staff report for February 7, 1997 CCPC meeting. This Petition has tentatively been scheduled for February 25, 1997 BZA Public Hearing. Collier County Pla~nn/~Comr, ission: MICHAEL A. DAVIS, CHAIRMAN -4- FEB 2 5 1997' __ ,%_..2____ RESOLUTION NO. 97-__ RE/~KTING TO PETITION NUMBF~R V-96-30, FOR A VARIANCE ON PROPF. RT¥ I{I~REINA_~TER DESCRIBED IN COLLIER COUNTY, FLORIDA. I 7 WHEREAS, the L~gislature of the State of Florida in Chapter .125, 8 Florida Statutes, has conferred on all counties in Florida the power 9 to establish, coordinate and enforce zoning and such business 10 regulations as are necessary for the protection of %he publiC; and 11 ~EREAS, the County pursuant thereto has adopted a Land 12 Development Code (Ordinance No. 91-102) which establishes regulations 13 for the zoning of particular geographic divisions of the County, among 14 which is the granting of variances; and 15 WHEREAS, the Board of Zoning Appeals, being the duly elected 16 constituted Board of the area hereby affected, has held a public 17 hearing after notice as in said regulations made and provided, and has considered the advisability of a 15-foot variance from the required 15 19 foot side yard setback to -0- feet a~ shown on the attached plot plan, 20 Exhibit "A", in a C-4 zone for the property hereinafter described, and 21 has found as a matter of fact that satisfactory provision and 22 arrangement have been made concerning all applicable matters required 23 by said regulations and in accordance ~ith Section 2.7.5 of the Zoning 24 Regulations of said [.and Development Code for the unincorporated area 25 of Collier County; and 26 WHEREAS, all interested parties have been give~ opportunity to be 27 h .,rd by thi~ Board in public meeting assembled, and the Board having 2S considered all matters presented; 29 NOW THEREFORE BE ]T RESOLVED BY THE BOARD OF ZONING APPEALS of 30 Collier County, Florida, that: 31 The Petition V-96-30 filed by Joel E. Metts, representing Francis 32 A. OokQ~, Jr., with ron[~uct [,, [ho U~,I,~,~'[¥ h~,~o~n~tur duocr~bud ss: 33 Exhibit "~" 3z I'AG I" AGEND,J, I%F..,M · FEB 2 5 1997 be and the aame hereby ia approved for a 15-foot variance fro; the 2 required 15 foot aide yard ietback to -0- feet aa sho~ on 3 attached plot plan, Exhibit "A", of the C-4 zoning district wherein 4 said property is located, subject to the following conditions: 5 Prior to the issuance of a Building Permit for this addition a 6 site Development Plan, In Conformance with Section 3.3 of %he LDC, 7 must be approved for this site. 8 BE IT R~SOLVED that this Resolution relating to Petition Nu~ber 9 V-96-30 be recorded in the minutes of this Board. 10 Commissioner offered the foregoing 11 Resolution and moved for its adoption, seconded by Commissioner 12 and upon roll call the vote was: 13 14 AYES: 15 NAYS: A2~SENT AND NOT VOTING: ABSTENTION: 19 21 23 26 Done this ~ day of ATTEST: DWIGHT E. BROCK, CLER~ 27 APPROVED AS TO FORM AND LF~AL SUFFICIENCY: 0 30 M~ORIE M. STUDENT 31 ASSISTANT COUNTY 32 , 1997. BOARD OF ZONING APPEALS COLLIER COUNTY, FLORIDA CHAI RM3~N 33 C-]0 VARIANCE RESOLUTIOn;/18972 PAGE 2 AGEND~A ITl~ ~h FEB 2, 5 1997 d O0 o '-~0 0 ~r No. ~ FEE) g 5 1997 VARIANCE PETITION (VAI{IA34CE FROM SETBACK (S) REQUIRED FOR A PARTICULAR ZONING DISTRICT} PETITION NO. t~.V" 9 6-3 0 PROJECT PLANNER DATE PETITION RECEIVED (ABOVE TO BE FILLED IN BY STAFF} PETITIONER'S NAME PETITIONER,S ADDRESS ~.~- AGENT'S ADDRESS 3824 Exchahlie A~e. Naples, Florida Z)4u,.s ,6'/d TE LE PHONE 434-8818 _ _ BLOCK (S) Produce Market LEGAL DESCRIPTION OF SUBJECT PROPERTY: LOTIS) {If legal descrip::on is lengthy, ~.e. metes & bounds descrlp~icn, attach adai[ional page) CURREnt? ZONING OF SUBJECT PROPERTY C-4 EXISTING LAND USE ON SUBJECT PROPERTY ADJACENT ZONING & I3-2~D USE N RSF4 S C-5 E C-4 W C-4 ZONING LAND USE Homes Retail Restaurant Vncnr~t MINIMbT~ YARD REQUIREMENTS FOR SUBJECT PROPERTY FRONT: 25' CO.~{ER LOT: ~ (CIRCLE ONE) SIDE: 15' WATERFRON LOT: ~_YES_ (CIRCLE ONE) REAR: 2 5 ' FEB ~ 5 NATURE OF PETITION Provide a detailed explanation of the request including what structures are existing and what is proposed; the amount of encroachment proposed using numbers, i.e. reduce front setback from 25' to 18'; when property owner purchased property; when existing principal structure was built (include building permit number if possible); why encroachment is necessary; how existing encroachment came to be; etc. n extend existin east ide to he north 60' ad acent to ro erty line to the east. Petitioner also is im rovl~he exist~ creating the proper landscaping according to current regulations and closing one curb cut for better safety @ the intersection of Davis Blvd. and Brookside Drive. Please note that staff and the Collier County Planning Commission shall be guided in their recommendation to the Board of Zoning Appeals, and that the Board of Zoning Appeals shall be guided in its determination to approve or deny a variance petition by the below listed criteria (1-6). (Please address this criteria using additional pages if necessary.) Are there special conditions and circumstances existing which are peculiar to the location, size amd characteristics of the land, structure, or building involved. FEB 2 5 1997' Are there special conditions and circumstances which do not result from the action of the applicant such as pre-existing conditions relative to the property which is the subject of the variance request. 0 ~ o Will a literal interpretation of the provisions of this zoning code work unnecessary and undue hardship or create practical difficulties on the applicant. Will the variance, if granted, be the minimum variance that will make possible the reasonable use of the land, building or structure and wt:ich promote standards of health, safety or welfare. Yes Will granting the variance requested confer on the petitioner any special privilege that is denied by these zoning regulations to other lands, buildings, or structures in the same zoning district. AG£ND& ~F..M FEB 2 5 1997 Will granting the variance be in harmony with the intent and purpose of this zoning code, and not be injurious to the neighborhood, or otherwise detrimental to the public welfare. Yes Are there natural conditions or physically induced conditions that ameliorate the goals and objectives of the regulation such as natural preserve~, lakes, golf course, etc. o ;';ill granting the variance be consistent with the growth managemen5 plan. Yes AGENDa. I'[F.M -, FEB 2 5 1997 Legal Description The West 110 ft of a parcel of land in Section 2 Twp 50 South Range 25 East Collier County, Florida being the East 20 ft of the West i/2 of the Southwest 1/4 of the Southwest 1/4 of the Southeast 1/4 of the Southwest 1/4 all less the North 260 feet thereof and all less the right of w~y of S.R. ~-858 as recorded in deed Book ]1 Pg 59 Public Records of Collier County, FL. ;kFFIDAVIT and say that I am the owner of the property described herein and which is the subject matter of the proposed hearing; that all the answers to the questions in this application, and all sketches, data, and other supplementary matter attached to and made a part of this application, are honest and true to the best of my knowledge and belief. I understand this application must be completed and accurate before~ hearing can be advertised. I further permit representative State Oi Florida County of Collier (AGENT'S NAME) t~ct as my in any matters regarding ~ -SIGNATURE OF ~ER The foregoing Agreement Sheet was acknowledged before~e this __~_~/~day of ~ , 1996 by ~ ~JA~% .~, who is personally known to me or who has produced~['~ ~,0,~j as identification and who did (did not) take an oath. NOT;~Y' PUBLIC Hy Co~mission Expires: State of Florida County of Collier VARIAJ~CE APPLICATION/md The foregoing Agreement Sheet was acknowledged before me this /3 fa. day of ~ 1996 by , who is personally known to me or who has produced ~.'~,v~'=' as identification and who did (d~ not) take an~th~ Co~ FEB g 5 1997' .../? LIEN RESOLUTION - CODE ENFORCEMENT CASE NO. 61002-026 RECORD OWNER EUGENIO LOPEZ & SUSANA LOPEZ Board to accept report and adopt Resolution assessing a lien against the parcel in order to recover public funds expended to effect the abatement of a public nuisance at this location, all as provided for in Ordinance 91-47, the Collier County Weed, Litter and Plant Control Ordinance. Case Summary: a. Violation determination b. Notice of Violation served c. Verification of unabated nuisance d. Nuisance abated with public funds e. Owner invoiced for costs FISCAL IMPACT 10/07/96 undeliverable 11/08/96 11/21/96 12/16/96 Reimbursement of $245.00 may be anticipated by voluntary action or foreclosure. GROW~/"H MANAGEMENT IMPACT Not applicable. RECOMMENDATION That the Board of County Commissioners adopt the Resolution. PREPARED BY: irgi~a Pack SENIOR~CUSTOMER SERVICE REPRESENTATIVE BY: Community Dev. & Envirornmental Svcs. AGEN ,"r FEB 2 5 1997 BOAteD OF COUNT! COMH'X$SXON~RS COLLIER COUNTT, FLORIDA LEGAL NOTICE OF ASSESSML~NT OF LIEN Eugenio Lopez & DATE: Susans Lopez 505 Gardens Dr Apt 201 Pompano Beach, FL 33069 REFERENCE 61002-026 ~56945680005 LIEN NUMBER: LEGAL DESCRIPTION: Lot 34, Block 132, M~RCO BEACR UNIT FOUR. a Subdivision according to the Plat thereof, recorded in Plat Book 6, Pages 32 through 37, of the Public Records of Collier County, Florida. You, as the owner of the property above described, as recorded in the records maintained by the office of the Property Appraiser, are hereby advised that the Cor~liance Services Manager, did on 10/10/96, order the abatement of a certain nuisance existing on the above property prohibited by Ordinance 91-47, serving notice thereof upon you, such nuisance being: Prohibited accumulation of non-protected mowable vegetation in excess of 18" in height in a subdivision other than Golden Gate Estates. You failed to abate such nuisance; whereupon, it was abated by the expend:ture of public funds at a direct cost of $45.00 and administrative cost of $200.00 for a total of $245.00. Su:~ :osts, by Resolution of the Board of County Commissioners of Collier County, Florida, have been assessed against the above property on and shall become a lien on the property thirty (30) days after such assessment. You may request a hearing before the Board of County Ccm~,issioners to show cause, if any, why the expenses and charges incurred by the County under this Ordinance are unwarranted or excessive or why such expenses should not constitute a lien against the property. Such request for hearing must be made to the Clerk of the Board of County Commissioners, Government Center, Naples, Florida 34112 in writing within thirty (30) days from the date of '_his a~sessmen% to be valid. CLEF?, BOARD OF COUNTY COMHISSIONERS CSce 9- 1,'~3 AG£N FEB 5 1997 RESOLUTION NO. 97-___________ A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS PROVIDING FOR ASSESSMENT OF LIEN, FOR THE COST OF 77{E ABATEMENT OF PUBLIC NUISANCE, IN ACCORDANCE WITH ORDINANCE 91-47. WHEREAS, as provided in Ordinance 91-47, the direct costs of abatement of certain nuisances, including prescribed administrative cost incurred by the County, shall be assessed against such property; and WHEREAS, the cost thereof to the County as to each parcel shall be calculated and reported to the Board of County Commissioners, together with a description of said parcel; and WHEREAS, such assessment shall be a legal, valid and binding obligation upon the property against which made until paid; and WHEREAS, the assessment shall become due and payable thirty days after the mailing of Notice of Assessment after which interest shall accrue at a rate of twelve percent (12.0%) per annum on any unpaid portion thereof. NOW, TWEREFORE, BE IT RESOLVED BY TNE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUTTFY, FLORIDA, that the property described as follows, and having been abated of a public nuisance after due and proper notice thereof to the owner of said property, is hereby assessed the following costs of such abatement, to wit: Eugenio Lopez & Lot 34, Block 132, MARCO BEAC~ $245.00 Susans Lopez UI~IT FOUR, a Subdivision according 505 Gardens Dr Apt 201 to the Plat thereof, recorded in Pompano Beach, FL 33069 Plat Book 6, Pages 32 through 37, of the Public Recorda of Collier County,' Florida. 61002-026 #56945680005 The Clerk of the Board shall mail a notice of assessment of lien co the owner or owners of the above described property, and if such owner fails to pay such assessment within thirty (30} days hereof, a certified copy of this Resolution shall be recorded in the official records of Collier County, to constitute a lien against such property according to law, unless such direction is stayed by this Board upon appeal of the assessment of the owner. This Resolution adopted after motion, second and majority vote DATED: · ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA APPROVED AS TO FORM AND. LEGALSUFFI CI ENCY: ~DAVID WE/GEL COUNTY ATTORNEy CSce 11 - 1/97 BY: TIMOTHY L. HANCOCK, CHAIRMAN AG T FEB 2, 5 1997 X VE LIEN RESOLUTION - CODE ENFORCEMENT CASE NO. 61010-028 RECORD OWNER E B BASSICHIS ET UX Board to accept report and adopt Resolution assessing a lien against the parcel in order to recover public funds expended to effect the abatement of a public nuisance at this location, all as provided for in Ordinance 91-47, the Collier County Weed, Litter and Plant Control Ordinance. CONSIDERATION Case Summary: a. Violation determination b. Notice of Violation served c. Verification of unabated nuisance d. Nuisance abated with public funds e. Owner invoiced for costs FISCAL IMPACT Reimbursement of $245.00 may be action or foreclosure. 10/z5/96 10/31/96 11/19/96 12/05/96 12/30/96 anticipated by voluntary ROWTH MA/~AGEMENT IMPACT Not applicable. ~T~ON That the Board of County Commissioners adopt the Resolution. PREPA~RED BY: ~ER~SE~VICE REPRESENTATIVE APPROVED BY: Vincent A. Cautero, Administrator Com~nunity Dev. & Environmental Svcs. DATE DATE: FEB P, 5 1997 BOARD OF COUN~"~ CO~ISSION~RS COLLIER COUNT,, FLORIDA LEGAL NOTICE OF ASSESSMENT OF LIEN E B Bassichia ET 535 Trotwood Ridge Rd ~ittsburgh, PA 15241 DATE: REFERENCE 61010-028 ~36242000007 LIEN NUMBER: LEGAL DESCRIPTION: Lots 30 Block 167 Unit 5 Part - GOLDEN C~ATE according to plat thereof recorded in Plat Book 5 Page 118 of the Public Records of Collier County Florid&. '"ou, as the owner of the property above described, as recorded in the records maintained by the office of the Property Appraiser, are hereby advised that the Compliance Services Manager, did on 10/17/96, order the abatement of a certain nuisance existing on the above property prohibited by Ordinance 91-47, serving notice thereof upon you, such nuisance being: Prohibited accumulation of non-protected mowable vegetation in excess of 18" in height in a su~division other than Golden Gate Estates. You failed tc atate such nuisance: whereupon, it was abated by the expenditure of public funds at a direct cost of $45.00 and administrative cost of $200.00 for a tote! of $245.00. Such costs, by Resolution of the Board of County Com,missioners of Collier County, Florida, have been assessed against the above property on and shall become a lien cn the property thirty (30) days after such assessment. You may request a hearing before the Board of County Commissioners to show cause, if any, why the expenses and charges incurred by the County under this Ordinance are unwarranted or excessive or why such expenses should not constitute a lien against the property. Such request for hearing must te made to the Clerk of the Board of County Commissioners, Government Center, Naples, Florida 34112 in writing within thirty (30) days from the date of this assessme:.t to be valid. CL£gK, BOARD OF COUNTY COMMISSIONERS CSce 9- 1/93 FEB 2 5 1997 RESOLUTION NO. 97- A RESOLUTION OF THE BOARD OF CObT;TY COMMISS;ONERS PROVIDING FOR ASSESSMENT OF LIEN. FOR THE COST OF THE ABATEMENT OF PUBLIC NIIISANCE, IN ACCORDANCE WIT}{ ORDINA~4CE 91-47. W}{EREAS, as provided in Ordinance 91-47. the direct costs of abatement of certain nuisances, including prescribed administrative cost incurred by the County, shall be assessed against such property; and W~EREAS, the cost thereof to the County as to each parcel shall be calculated and reported to the Board of County Commissioners, together with a description of said parcel; and W~EREAS, such assessment shall be a legal, valid and binding obligation upon the prc[,erty against which mad. until paid; and WHEREAS. the assessment shall become due and payable thirty (30) days after the mailing of Notice of Assessment after which interest shall accrue at a rate of twelve percent (12.0%) per annum on any unpaid portion thereof, NOW, THEREFORE. BE IT RESOLVED BY THE BOARD OF COb'NT¥ COMMISSIONERS OF COLLIER CO~TY, FLORIDA, that the property described as follows, and having been abated of a public nuisance after due and proper notice thereof to the owner of said property, is hereby assessed the following costs of such abatement, to wit: NkM, E~ ~GAL DE~CR~PTION~ COST E B Bassichis ET U"X Lots 30 Block 167 Unit 5 Part-- $245.00 535 Trotwood Ridge Rd GOLDEN GATE according to plat Pittsburgh, PA 15241 thereof recorded in Plat Book 5 Page 118 of the Public Records of Collier County ~EFERENCE: 61010-028 #36242000007 The Clerk of the Board shall mail a notice of assessment of lien to the owner or owners of the above described property, and if such owner fails to pay such assessment within thirty (30) days hereof, a certified copy of this Resolution shall be recorded in the official records of Collier County, to constitute a lien against such property according to law, unless such direction is stayed by this Board upon appeal of the assessment of the owner. This Resolution adopted after motion, second and majority vote DATED: . ATTEST: D~41GHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA APPROVED AS TO FORM  _1 LEGAL SUFFICIENCY: '~IAViD W-' -' CJL~fTY ATTORNEY CSce 11 - 1/97 BY: TIMOTHy L. H~ICOCK, CHAIRMAN AG~ A - FEB 5 997 LIEN RESOLUTION - CODE ENFORCEMENT CASE NO. 60905-057 RECORD OWNER - LEONARD J BUBRI NICKOLAS KARALIS Board to accept report and adopt Resolution assessing a lien against the parcel in order to recover public funds expended to effect the abatement of a public nuisance at this location, all as provided for in Ordinance 91-47, the Collier County Weed, Litter and Plant Control Ordinance. Case Summary: a. Violation determination b. Notice of Violation served c. Verification of unabated nuisance d. Nuisance abated with public funds e. Owner invoiced for costs FISCAL IMPACT Reimbursement of $540.00 action or foreclosure. 09/03/96 undeliverable 10/07/96 12/15/96 12/30/96 may be anticipated by voluntary GROWTH MA/~AGEMENT IMPACT Not applicable. RECOM/4"ENI)ATION That the Board of County Commissioners adopt the Resolution. PREPA~RED BY: APPROVED BY: Vincent A. Cautero, Administrator Community Dev. & Envirorunental Svcs. DATE: FEB 1997 Pa. ~ BOARD OF COUNT! COMMISSIONERS COLLIER COUNT~, FLORIDA LEGAL NOTICE OF ASSESSMENT OF LIEN Leon&rd J Bubri DATE: Nickol&s Karmlis P O Box 142 Lima, PA 19037 REFERENCE 60905-057 %57738200002 LIEN NUMBER: LEGAL DESCRIPTION: Lot 20, Block 280 of Marco Beach Unit No. Eight, · Su~division according to the Plat thereof, recorded in Pl&t Book 6, Pages 63 to 68, of the Public Records of Collier County, Florida. You, as the owner of the property above described, as recorded in the recoras maintained by the office of the Property Appraiser, are hereby advised that the Compliance Services Manager, did on 9/5/96, order the abatement of a certain nuisance existing on the above property prohibited by Ordinance 91-47, serving notice thereof upon you, such nuisance being: Accumulation of prohibited exotics on unimproved land located within 200' of improved, mubdivided property. Approximately 6 Australian pine trees You fa:led to abate such nuisance; whereupcn, it was abated by the expendlture of public funds at a direct cost of $340.00 and administrative cos: of $200.00 far a total of $540.00. Such costs, by Resolution of the Board of County Commissioners of Collier County, Florida, have been assessed against the above property on and shall become a lien on the property thirty 130) days after such assessment. You may request a hearing before the Board of County Commissioners to show cause, if any, why the expenses and charges incurred by the County under this Ordinance are unwarranted or excessive or why such expenses shculd not constitute a lien against the property. Such request for hearing must be made to the Clerk of the Board of County Co~missioners, Go'.'urnment Center, Naples, Florida 34112 in writing within thirty {30] days frcm the date of this assessment to be valid. CLERK, BOARD OF COUNTY COMMISSIONERS CSce 9- 1/93 FEB 2 5 1997 P~. RESOLUTION NO. 97- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS PROVIDING FOR ASSESSMENT OF LIEN, FOR THE COST OF THE ABATEMENT OF PUBLIC NUISANCE. IN ACCORDANCE WITH ORDINANCE 91-47. WHEREAS, as provided in Ordinance 91-47, the direct costs of abatement of certain nuisances, including prescribed administrative cost incurred by the County, shall be assessed against such property; and WNEREAS, the cost thereof to the County as to each parcel shall be calculated and reported to the Board of County Commissioners, together with a description of said parcel; and W~EREAS, such assessment shall be a legal, valid and binding obligation upon the property against which mad~ until paid; and WHEREAS, the assessment shall become due and payable thirty days after the mailing of Notice of Assessment after which interest shall accrue at a rate of twelve percent {12.0%] per annum on any unpaid portion thereof. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF CO~4TY COMMISSIONERS OF COLLIER CO~T¥, FLORIDA, that the proper~y described as follows, and having been abated of a public nuisance after due and proper notice thereof to the owner of said property, is hereby assessed the following costs of such abatement, to wit: NkME: Leonard J Bubri Nickolas Karalis P O Box 142 Lima, PA 19037 60905-57 #57738200002 LEGAL D SCRIPTION. Lot 20, Block 280 of Marco Beach Unit No. Eight, a Subdivision according to the Plat thereof, recorded in Plat Book 6, Pages 63 to 68, of the Public Records of Collier County, Florida. $540.00 The Clerk of the Board shall mai] a not:ce of assessment of lien to the owner or owners of the above described property, and if such owner fa~ls to pay such assessment within thirty {30) days hereof, a cert~f:ed copy of th~s Resolution ~hall be recorded in the official records of Collier County, to constitute a l~en against such property according to law, unless such direction is stayed by this Board upon aFpeal of the assessment of the owner. This Resolution ad~pted after motion, second and majority vote. DATED: ATTEST: DWIGHT E. BROCK, CLERK BOARD OF CO~:TY COMMISSIONERS COLLIER CO~;TY. FLORIDA APPROVED AS TO FORM AND LEGAL SUFFICIENCY: ~~ ~ '-- t ~;'~AVID WEIGEL COU~N T Y ATTORNEY CSce 11 - 1/97 BY: T]HOTHY L. H~;COCK, CHAIRr~L~ AG[ D T FEB 2 5 1997 P~, 3 LIEN RESOLUTION - CODE ENFORCEMENT CASE NO. 60613-013 RECORD OWNER RICHARD F MC CULLOUGH ~TIVE Board to accept report and adopt Resolution assessing a lien against the parcel in order to recover public funds expended to effect the abatement of a public nuisance at this location, all as provided for in Ordinance 91-47, the Collier County Weed, Litter and Plant Control Ordinance. Case Summary: a. Violation determination b. Notice of Violation served c. Verification of unabated nuisance d. Nuisance abated with public funds e. Owner invoiced for costs FISCAL_____~IMPACT Reimbursement of $725.00 action or foreclosure. 06/02/96 07/18/96 10/03/96 12/14/96 12/23/96 may be anticipated by voluntary GROW~fH ~IA_NAGEMENT IMPAC___~T Not applicable. That the Board of County Commissioners adopt the Resolution. PREPARED BY: SENIO~ CUSTOMER SERVICE REPRESENTATIVE APPROVED BY: Vincent A. Cautero, Administrator Coaununity Dev. & Envirornnental Svcs. DATE: FEB g 5 1997 BOARD OF COU~TT! CO~4MISSIONERS COLLIER COUNT~, }'LORIDA LEGAL NOTICE OF ASSESSM~NT OF LIEN Richsrd F Mc Cullough DATE: 255 Cocohatchee RD Naples, FL 33942 REFERENCE 60613-013 #77262280002 L~EN NUMBER: LEGAL DESCRI?TION: Lots 42, Block 2, Trail Acres, Unit No. 2, in accordance with and subject to the plat recorded in Plat Book 4, page 62, Public Records of Collier County, Florida. You, as the owner of the property above described, as recorded in the records maintained by the office of the Property Appraiser, are hereby advised that the Compliance Services Manager, did o~ 7/16/96, order the abatement of a certain nuisance existing on the above property prohibited by Ordinance 91-47, serving notice thereof upon you, such nuisance being: Accumulation of prohibited exotics on unimproved land located within 200' of improved, subdivided property. Brazilian pepper hedges front and rear of property You failed to abate such nuisance; whereupon, it was abated by the expenditure of public funds at a direct cost of $525.00 and administrative cost of $200.00 for a total of $725.00. Such costs, by Resolution of the Board of County Commissioners of Collier County, Florida, have been assessed against the above property on and shall become a lien on the property thirty (30) days after such assessment. You may request a hearing before the Board of County Commissioners to show cause, if any, why the expenses and charges incurred by the County under this Ordinance are unwarranted or excessive or why such expenses should not constitute a lien against the property. Such request for hear~nq must be made to the Clerk of the Board of County Commissioners, Government Center, Naples, Florida 34112 in writing within thirty (30) days from the date cf this assessment to be valid. CLERK, BOARD OF COU:~TY COMMISSIONERS CSce 9- 1/93 AG£ND.,A4I£~ i, FEB 5 1997 P~. RESOLUTION NO. 9'7- A RESOLUTION OF THE BOARD OF CO~TY COMMISSIONERS PROVIDING FOR ASSESSMENT OF LIEN, FOR THE COST OF THE ABATEMENT OF PUBLIC NUISANCE, IN ACCORD~JCE WITH ORDINANCE 91-47. WHEREAS. as provided in Ordinance 91-470 the direct costs of abatement of certain nuisances, including prescribed administrative cost incurred by the County. shall be assessed against such property; and W~EREAS. the cost thereof to the County as to each parcel shall be calculated and reported to the Board of County Commissioners, together with a description of said parcel; and WHEREAS, such assessment shall be a legal, valid and binding obliga~lcn upon the property against which made until paid; and WHEREAS, the assessment shall become due and payable thirty days after the mailing of Notice of Assessment after which interest shall accrue at a rate of twelve percent (12.0%) per annum on any unpaid portion thereof. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF CO~TY COM~{ISSIO~:ERS OF COLLIER CO~TY. FLORIDA, that the property described as follows, and having been abated of a public nuisance after due and proper notice thereof to the owner of said property, is hereby assessed the follcwlng costs of such abatement, to ~EGAL DEScRIpTION Cost Richard F Mc Cullough 255 Cocohatchee Rd Naples, FL 33942 ~FERENCE: 60613-013 #77262280002 Lots 42, Block 2, Trail Acres, $725.00 Unit No. 2, in accordance with and subject to the plat recorded in Plat Book 4, page 62, Public Records of Collier County, Florida. The Clerk of the Board shall mail a notice of assessment of lien to the owner or owners of the above described property, and if such owner fails to pay such assessment within thirty (30] days hereof, a certified copy of this Resolution shall be recorded in the official records of Collier County. to constitute a lien against such property according to law, unless such direction is stayed by this Board upon appeal of the assessment of the owner. This Resolution adopted after motion, second and majority vote. DATED: ATTEST: DWIGHT E, BROCK. CLERK BOARD OF CO~4TY COMMISSIONERS COLLIER CO~4TY, FLORIDA APPROVED AS TO FORM AND LEGAL SUFFICIENCY: DAVID WEIGEL COU~TY ATTORNEY CSce 11 1/97 BY: TIMOTHY L. HANCOCK, CHAIRMA~ FEB 3 5 1997 ~XECUT;V~ S~A~Y LIEN RESOLUTION - CODE ENFORCEMENT CASE NO. 60529-077 RECORD OWNER - RICHARD F MC CULLOUGH QBJ$CTIVE Board to accept report and adopt Resolution assessing a lien against the parcel in order to recover public funds expended to effect the abatement of a public nuisance at this location, all as provided for in Ordinance 9i-47, the Collier County Weed, Litter and Plant Control Ordinance. CONSIDERATION Case Summary: a. Violation determination b. Notice of Violation served c. Verification of unabated nuisance d. Nuisance abated with public funds e. Owner invoiced for costs 05/28/96 06/03/96 10/04/96 12/14/96 12/30/96 FISCAL IMPACT Reimbursement of $725.00 action or foreclosure. may be anticipated by voluntary GROWTH MANAGEMENT IMPACT Not applicable. RECOMMENDATION That the Board of County Commissioners adopt the Resolution. PREPARED BY: SEN~ SERVICE REPRESENTATIVE APPROVED BY: / Vincent A. Cautero, Administrator Community Dev. & Environmental Svcs. DATE: AGE D I FEB 2 5 1997 BOARD OF COUNT! COMMISSIONERS COLLIER COUNTY, FLORIDA LEGAL NOTICE OF ASSESSMENT OF LIEN Richard F Mc Cullough 255 Cocohatchae Dr N&ples, FL 33942 DATE: R~FERENCE 60529-077 ~77262280002 LIEN NUMBER: L£GAL DESCRIPTION: Lots 43, Block 2, Trail Acres, Unit No. 2, An accordance with &nd subject to the plat recorded in Plat Book 4, page 62, Public Records of Collier County, Florida. You, as the owner of the property above described, as recorded in the records maintained ky the office of the Property Appraiser, are hereby advised that the Compliance Services Manager, did on 5/29/96, order =he abatement of a certain nuisance ex£sting on the above property prohibited by Ordinance 91-47, serving notice thereof upon you, such nuisance being: Accumulation of prohibited exotics on unimproved 1.nd loc&ted within 200' of improved, subdivided property. Brazilian pepper hedges throughout property You failed to abate such nuisance; whereupon, it was abated by the expenditure of public funds at a direct cost of $525.00 and administrative cost of $200.00 for a total of $725.00. Such costs, by Resolution of the Board of County Commissioners of Collier County, Florida, have been assessed against the above property on and shall become a lien on the property thirty (30) days after such assessment. You may request a hearing before the Board of County Co~missioners to show cause, if any, why the expenses and charges incurred by the County under this Ordinance are unwarranted or excessive or why such expenses should no~ constitute a lien against the property. Such request for hearing must be made to the Clerk cf the Board of County Cc~'~issioners, Government Center, Naples, Florida 34112 in writing within thirt~ {30) days from the date of this assessment to be valid. CLERK, BOARD OF COUNTY COMMISSIONERS CSce 9- 1/93 RESOLUTION NO. 97- A RESOLUTION OF THE BOARD OF COMITY COMMISSZONERS PROVIDXNG FOR ASSESSMENT OF LIEN. FOR THE COST OF THE ABATEMENT OF PUBLIC NUISANCE, IN ACCORD~4CE WITH ORDIN~4CE 91-47. W~EREAS, as provided in Ordinance 91-47, the direct costs of abatement of certain nuisances, including prescribed administrative cost incurred by the County, shall be assessed against such property; and WHEREAS. the cost thereof to the County as to each parcel shall be calculated and reported to the Board of County Commissioners, together with a description of said parcel; and WHEREAS° such assessment shall L~ a legal, valid and binding ckligation upon the property against which made until paid: and W~EREAS. the assessment shall become due and payable thirty (30) days after the mailing of Notice of Assessment after which interest shall accrue at a rate of twelve percent (12 0%} per annum on any unpaid portion thereof ' ' NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF CO~4TY COMMZSSIONERS OF COLLIER CO~:T¥0 FLORIDA, that the property described as follows, and having been abated of a public nuisance after due and proper notzce thereo( to the owner of said property, is hereby assessed the following costs of such abatement, to wit: NA~E: Richard F Mc Cullou~h 255 Cocohatch.e Dr Naples, FL 33942 ~EFERENCE: 60529-077 #77262280002 LEGAL Lots 43, Block 2, Trail Acres, S725.00 Unit No. 2. in accordance with and subject to the plat recorded in Plat Book 4, page 62, Public Records of Collier County, Florida. The Clerk of the Board shall mall a notice of assessment of lien to the owner or owners of the above described property, and if such owner fails to pay such assessment within thirty (30) days hereof, a certified copy of this Resolution shall be recorded in the official records of Collier County, to constitute a lien against such property according to ]aw° unless such direction is stayed by this Board upon appeal of the assessment of the owner. This Resolution adopted after motion second and majority vote. DATED: ATTEST: D%V/GHT E. BROCK, CLER~ BOARD OF CO~Ty COMMISSIONERS COLL:ER COUNTY, FLORIDA APPROVED AS TO FORM A~';D LEGA~ SUFFICIENCy: ,'/.!. -t; ,.',/< t L - ~'~CO~TY ATTORNEY CSce ll - 1/97 BY: TIMOTIIY L. IIA~ICOCI(. CIIAIRMAN A~E D FEB 5 1997 P~, ~ __ LIEN RESOLUTION CODE ENFORCEMENT CASE NO. 60223-087 RECORD OWNER - MAURICE C RIX Board to accept report and adopt Resolution assessing a lien against the parcel in order to recover public funds expended to effect the abatement of a public nuisance at this location, all as provided for in Ordinance 91-47, the Collier County Weed, Litter and Plant Control Ordinance. Case Summary: a. Violation determination b. Notice of Violation served c. Verification of unabated nuisance d. Nuisance abated with public funds e. Owner invoiced for costs ~ISCAL IMPACT 03/11/96 undeliverable 05/22/96 10/19/96 10/24/96 Reimbursement of $1,640.00 may be anticipated by voluntary action or foreclosure. GROWTH MANAGEMENT IMPACT Not applicable. ~ECOMMENDATION That the Board of County Commissioners adopt the Resolution. PREPltRED BY: Virg~ia Pack ' - SENIOR CUSTOMER SERVICE REPRESENTATIVE APPROVED BY: Vincent A. Cautero, Administrator Conunu_nity Dev. & Environmental Svcs. FEB 2 5 1997 BOARD OF COUNTT COMMISSIONERS COLLZER COUNTT, FLORIDA LEC~tL NOTICE OF ASSESSMENT OF LIEN Maurice C Rix DATE: 3652 Seagrape Ave Naples, FL 33942 REFeReNCE 60223-087 W62203520008 LIEN NUMBER: LEGAL DESCRIPTION: Lot 16, Block 5, NAPLES MANOR EXTENSION, according to the plat thereof, recorded in Plat Book 3, Page 101 in the Public Records of Collier County, Florida. You, as the owner of the property above described, as recorded in the records ma:nta~ne3 by the office of the Property Appraiser, are hereby advised that the Compliance Services Manager, did on 3/12/96, order the abatement of a certain nuisance existing on the above property prohibited by Ordinance 91-47, serving notice thereof upon you, such nuisance being: Accumulation of prohibited exotics on unimproved land located within 200' of improved, subdivided property. Brazilian pepper hedges You failed to abate such nuisance; whereupon, it was abated by the expenditure of public funds at a direct cost of $1,440.00 and admin~%rat='.,e cost of $200.00 for a total of $1,640.00. Such costs, by Peso]ut:on cf the Board of Count%, Co?~nlssioners of Collier County, F!orlda, have been assessed against the above property on and shall become a lien on the property thirty (301 days after such assessment. You may request a hearing before the Board of County Commissioners to show cause, if any, why the expenses and charges iDcurred by the County under th:s Ordinance are unwarranted or excessive or why such expenses shc~id not constitute a lien against the property. Such request for hearing must be made to the Clerk of the Board of Ccur, ty Commissioners, Government Center, Naples, Flor:da 34112 in writing within thirty (30) days from the date of this azsessment to be valid. CLERK, BOARD OF COUNTY COMMISSIONERS CSce 9- 1/93 FEB 5 1997 RESOLUTION NO. 97- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS PROVIDING FOR ASSESSMENT OF LIEN, FOR THE COST OF THE ABATEMENT OF PUBLIC NUISANCE, IN ACCORDanCE WITH ORDINanCE 91-47. WHEREAS, as provided in Ordinance 91-47, the direct costs of abatement of certain nuisances, including prescribed administrative cost incurred by the County. shall be assessed against such property; and W~EREAS, the cost thereof to the County as to each parcel shall be calculated and reported to the Board of County Commissioners, together with a description of said parcel; and 6'HEREAS, such assessment shall be a legal, valid and binding obliga[lcn upon the property against which made until paid; and W%{EREAS, the assessment shall become due and payable thirty (30) days after the mailing of Notice of Assessment after which interest shall accrue at a rate of twelve percent [12.0%) per annum on any unpaid portion thereof. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY CO.~ISSIONERS OF COLLIER COUNTY, FLORIDA, that the property described as follows, and having been abated of a public nuisance after due and proper notice thereof to the o~-ner of said property, is hereby assessed the following costs of such abatement, to wit: Maurice C Rix 3652 Seagrape Ave Naples, FL 33942 60223-087 #62203520008 GAL CR Lot 16, Block 5, NAPLES M~OR EXTENSION, according to the plat thereof, recorded in Plat Book 3, Page 101 in the Public Records of Collier County, Florida. $16¢0.00 The Clerk of the Board shall mail a notice of assessment of lien to the owner or o~n~ers of the above described property, and if such o~ner fails to pay such assessment within thirty (30) days hereof, a certified copy of this Resolution shall be recorded in the official records of Collier County, to constitute a lien against such property according to law, unless such direction is stayed by this Board upon appeal of the assessment of the owner. This Resolution adopted after motion, second and majority vote. DATED: ATTEST: DWIGHT E. BROCK, CLERK BOARD OF CO~4Ty COMMISSIONERS COLLIER COUNTY, FLORIDA BY: APFROVED AS TO FORM ~GA> SUFFICIENCY: iL- DAVID WEIGEL COUlgTY ATTORNEY CSce 11 - 1/97 TIMOTHY L. HA~COCK, CHAIRPt%N LIEN RESOLUTION - CODE ENFORCEMENT CASE NO. 60326-005 RECORD OWNER - T~E NEW YORK TIMES CO Board to accept report and adopt Resolution assessing a lien against the parcel in order to recover public funds expended to effect the abatement of a public nuisance at this location, all as provided for in Ordinance 91-47, the Collier County Weed, Litter and Plant Control Ordinance. CONSIDERATION Case Summary: a. Violation determination b. Notice of Violation served c. Verification of unabated nuisance d. Nuisance abated with public funds e. Owner invoiced for costs ~ISCAL IMPACT 09/16/96 10/03/96 10/31/96 11/19/96 11/26/96 Reimbursement of $650.00 may be anticipated by voluntary action or foreclosure. GROWTH MANAGEMENT IMPACT Not applicable. ~ECOMMENDATION That the Board of County Commissioners adopt the Resolution. PREPARED BY: Virgi~a Pack SENIOR CUSTOMER SERVICE REPRESENTATIVE APPROVED BY: Vincent A. Cautero, Administrator Community Dev. & Environmental Svcs. DATE: FEB 2, 5 1997 BOARD OF COUNT! COMMISSIONERS COLLIER COUNT~, FLORIDA ~ZGAL NOTICE OF ASSESSKENT OF LIEN i I The New Xork Times Co DATE: % Herbert Valentine 229 W 43'~ ST New Xork, NT 10036 REFERENCE 60326-005 #36316240007 LIEN NUMBER: LEGAL DESCRIPTION: Commencing at the centerline intersection of Golden Gate Parkway and Coronado Parkway as Ihown on the Plat of Golden Gate, Unit 6 as recorded in Plat Book 5 at Pages 123-124 inclusive, of the Public Records of Collilr County, Florida; thlncl along thl clntlrlinl of Coronado Parkway, N38° 54' 39" W 90.0 feet; thlncl S 51Q 05' 21" W 53 0 feat to the Southwesterly line of said Coronado Parkway; thence 39.27 feet along the arc of a circular curve, concave to the Northwest, radius 25.0 feet, chord bearing S 6Q 05' 21" W 35.36 flit to the Northwesterly line of said Goldln Gate Parkway; thence along the Northwesterly line of Golden Gate Parkway, S 51° 05' 21" W 250.0 feet for a PLACE OF BEGINNING: thence continuing S 51" 05' 21" W 110.0 feet; thence N 38* 54' 39" W 275.0 flit; thence N 51° 05" 21" E 110.0 feet; thence S 38° 54' 39" E 275.0 feet to the place of beginning, being a part of Block 200 of said Golden Gate, Unit 6. You, as the owner of the property above described, as recorded in the records maintained by the office of the Property Appraiser, are hereby advised that the Compliance Services Manager, did on 9/25/96, order the abatement of a certain nuisance existing on the above property prohibited by Ordinance 91-47, serving notice thereof upon you, such nuisance being: Prohibited dumping, accumulation, storage or burial of litter, waste or abandoned property. You fa~led to abate such nuisance: whereupon, it was abated by the expendlture of public funds at a direct cost of $450.00 and administrative cost of $200.00 for a total of $650.00. Such costs, by Resolution of the Board of County ComMissioners of Collier County, Florida, have been assessed against the above property on and shall become a lien on the property thirty {30) days after such assessment. You ma)' request a hearing before the Board of County Co~.missioners to show cause, if any, why the expenses and charges incurred by the County under this Ordinance are unwarranted or excessive or why such expenses should not constitute a lien against the property. Such request for hearing must be made to the Clerk cf the Board of County Com~.issicners, Gc\'ernmert Center, Naa!es, F!crida 34112 ~m writln~ within th: :a. 5 from the ca~e cf ~ ;s aszessme:.% to be valid. CL£PM, BOARD OF COUNTY C "MISSIONERS CSce 9- 1/93 RESOLUTION NO. 97- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS PROVIDING FOR ASSESSMENT OF LIEN. FOR THE COST OF THE ABATEMENT OF PUBLIC N~IS~4CE, IN ACCORDANCE WITH ORDINANCE 91-47. W~EREAS, as provided in Ordinance 91-47, the direct costs of abatement of certain nuisances, including prescribed administrative cost incurred by the County, shall be assessed against such property; and WHEREAS. the cost thereof to the County as to each parcel shall be calculated and reported to the Board of County Commissioners. together with a description of said parcel; and wHEREAS, such assessment shall be a legal, valid and binding ob!igatlon upon the property against which made until paid; and WHEREAS, the assess~.unt sha]! become due and payable thirty (30) days after the mailing of Notice of Assessment after which interest shall accrue at a rate of twelve percent (12.0%) per annum on any unpaid pcrtion thereof. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COMITY COMMiSSiONERS OF COLLIER CO~:TY, FLORIDA, that the property described as follows, and having been abated of a public nuisance after due and prc~er net:ce thereof to the owner of said property, is hereby assessed the following costs of such abatement, to wit: ~ME: E A S R N' COST The New York Times Co Commencing at the centerline $650.00 % ~erbert Valentine intersection of Golden Gate Parkway 229 W 43'~ St and Coronado Parkway as showl~ on the New York, NY 10036 Plat of Golden Gate, Unit 6 as recorded in Plat Book 5 at Pages 123-124 inclusive, of the Public Records of Collier County, Florids: thence along the centerline of Coronado Parkway, N38" 54' 39" W 90.0 feet: thence S 51" 05' 21" W 53.0 feet to the Southwesterly line of said Coronado Parkway: thence 39.27 feet along the arc of m circular curve, concave to the Northwest, radius 25.0 feet, chord bearing S 6" 05' 21" W 35.36 feet to the Northwesterly line of said Golden Gate Parkway; thence &long the Northwesterly line of Golden Gate Parkway, S 51" 05' ~1" W ~50.0 feet for a PLACE OF BEGINNING: thence continuing S 51' 05' ~1" W 110.0 feet; thence N 38" 54' 39" W ~75.0 feet; thence N 51' 05" ~1" E 110.0 feet; thence S 38" 54' 39" £ 275.0 feet to the place of beginning, being · part of Block 200 of said Golden Gate, Unit 6. REFERENCE: 60326-005 #36316240007 The Clerk of the Board shall mail a notice of assessment of lien to the owner or owners of the above described property, and if such owner fails to pay such assessment w~thin thirty (30] days hereof, a certified copy of this Resolution shall be recorded in the official records of Collier County, to constitute a lien against such property according to law, unless such direction is stayed by this Board upon appeal of the assessment of the owner. No. {~ FEB 2, 5 1997 3 F'~._ -- This Resolution adopted after motion, second and majority vote. DATED: ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA APPROVED AS TO FORM AND LEGAL SUFFICIENCY: ._.DAVID WEIGEL COLDNTY ATTORNEY BY: TIMOTHY L. HANCOCK, CHAIRMA~N CSce 11 - 1/97 AGENDA IT£M NO. FEB 2 5 1997 PI. LIEN RESOLUTION . CODE ENFORCEMENT CASE NO. 60502-052 RECORD OW/~-ER - DONALD M THOMPSON Board to accept report and adopt Resolution assessing a lien against the parcel in order to recover public funds expended to effect the abatement of a public nuisance at this location, all as provided for in Ordinance 91-47, the Collier County Weed, Litter and Plant Control Ordinance. CONSIDERATION Case Summary: a. Violation determination b. Notice of Violation served c. Verification of unabated nuisance d. Nuisance abated with public funds e. Owner invoiced for costs FISCAL IMPACT 05/01/96 05/08/96 09/27/96 10/29/96 11/01/96 Reimbursement of $1,000.00 may be anticipated by voluntary action or foreclosure. GROWTH MANAGEMENT IMPACT Not applicable. RECOM~4ENDATION That the Board of County Commissioners adopt the Resolution. PREPA,RED BY: Virgini~ Pack SENIOR-CUSTOMER SERVICE REPRESENTATIVE Vincent A. Cautero, Administra~or Conununity Dev. & Environmental Svcs. DATE: BO~J~D OF COUI~Y COLL! ER COU~T! NOTICE OF ASSESSHE~I Donald M Thompson DATE: 3844 Cactus ST Ashland, KY 41101 REFERENCE 60502-052 #62258640001 L~£N NUMBER: LEGAL DESCRIPTIOH: Lot 9, Block 10, NAPLES MANOR LAKZS, according to the plat thereof recorded in Plat Book 3, Pages 86 and 87, Public Records of Collier County, Florida. SUBJECT to restrictions, reservations and easements of record. You, as the owner of the property aL,~ve described, as recozded in the records r~a;ntalr, ed by the off~ce of the Prope=ty AG~ra~ser, are hereby ad',,;se~ that the ComFl~ar, ce Services Manager, did on 5/2/96, order the abatement of a certain nuisance existing on the above property prohibited by Ordinance 91-47, serving notice thereof upon you, such nuisance being: Prohibited accumulation of non-protected mowable vegetation in excess of 18" in height in a subdivision other than Golden Gate Estates. Prohibited dumping, accumulation, storage or buri&l of litter, waste or a]~andoned property, You failed to abate such nuisance: whereupon, it was abated by the e×~enditure cf pJbllc funds at a direct cost of $800.00 and adrln:strative cost of $200.00 for a total of $1000.00. Such costs, by Res¢!utlon of the Board of County Com~issicners of Collier County, Elori~a, have been assessed against the above property on and shall become a lien on the property thirty (30) days after such assessment. You may request a hea::ng before the Board of County Commissioners to show cause, if azy, why the expenses and charges incurred by the County under this Ordinance are unwarrasted or excessive or why such expenses should ncr constitute a i~en aga;nst the property. Such request for hear~:.9 ~ :at be made t. the Clerk of the Board of County Commissioners, Government Center, IIaples, ~iorida 34112 in writing w~thln thirty days from the date of this assessment to be valid. CLEF,v, EOAPD CF COUt~TY COMHISSIOHEPS CSce 9- 1/93 FEBi,,. 5 1997 RESOLUTION NO. 97-.___._.._____ A RESOLUTION OF TME BOARD OF COUI~ COMMISSION'ERS PROVIDING FOR ASSESSMENT OF L~EN, FOR THE COST OF THE ABATEMENT OF PUBLIC NUISANCE, IN ACCORDANCE WITH ORDINANCE 91-47. WHEREAS, as provided in Ordinance 91-47, the direct costs o[ abatement of certain nuisances, including prescribed administrative cost incurred by the County, shall be assessed against such property; and WidEREAS, the cost thereof to the County as to each parcel shall be calculated and reported to the Board of County Commissioners, together with a description of said parcel; and WldEREAS, such assessment shall be a legal, valid and binding obligation upon t?e property against which made until paid; and WHEREAS, the assessment shall become due and payable thirty days after the mailing of Notice of Assessment after which interest shall accrue at a rate of twelve percent (12.0%) per annum on any unpaid portion thereof. NOW, THEREFORE, BE IT RESOLVED BY 7'HE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the property described as follows, and having been abated of a public nuisance after due and proper notice thereof to the owner of said property, is hereby assessed the following costs of such abatement, to wit: Donald M 7~ompson 3844 Cactus St Ashland, KY 41101 REFERENCE: 60502-052 #62258640001 LEGAL DESCRIPTIQNi COST Lot 9, Block 10, NAPLZS MANOR $1,000.00 LAKES, according to the plat thereof recorded in Plat Book 3, Pages 86 and 87, Public Records of Collier County, Florida. SUBJECT to restrictions, reservations and eaaamenta of record. The Clerk of the Board shall mail a notice of assessment of lien to the owner or owners of the above described property, and if such owner fails to pay such assessment within thirty (30) days hereof, a certified copy of this Resolution shall be recorded in the official records of Collier County, to constitute a lien against such property according to law, unless such direction is stayed by this Board upon appeal of the assessment of the owner. This Resolution adopted after motion, second and majority vote. DATED: ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUI~ COMMISSIONERS COLLIER CO~4TY, FLORIDA APPROVED AS TO FORM AND LEGAL SUFFICIENCY: j?.~dAv~D WE~GEL COU~J~Y ATTORNEY CSce 11 - 1/97 BY: TIMOTHY L. HANCOCK, CF,.AIR. MAN fEB 2, 5 1997 LIEN RESOLUTION - CODE ENFORCEMENT CASE NO. 60'515-007 RECORD OWNER - R K REALTY OF FL INC ~TIVE Board to accept report and adopt Resolution assessing a lien against the parcel in order to recover public funds expended to effect the abatement of a public nuisance at this location, all as provided for in Ordinance 91-47, the Collier County Weed, Litter and Plant Control Ordinance. CONSIDERATION Case Summary: a. Violation determination b. Notice of Violation served c. Verification of unabated nuisance d. Nuisance abated with public funds e. Owner invoiced for costs 05/14/96 undeliverable 10/7/96 10/24/96 10/31/96 FISCAL IMPACT Reimbursement of $1,860.00 may be anticipated by voluntary action or foreclosure. GROWTH M3~NAGEMENT IMPACT Not applicable. RECOMMENDATION That the Board of County Commissioners adopt the Resolution. PREPARED BY: Vir~nia Pack SENIOR CUSTOMER SERVICE REPRESENTATIVE APPROVED BY: Vincent A. Cautero, Administrator Community Dev. & EnviroD_mental Svcs. DATE:~ /~Y DATE: AGE~DA FEB 2, 5 1997 BOARD OF COUNTY CO~4ISSIONERS COLLIER COUNTY, FLORIDA L~GAL NOTICE OF ASSESSMENT OF LIEN R K Realty of FL Inc DATE: 45 West Ave Norwalk, CT 06856 R~FERL'NCE 60515-007 ~68345320005 LIEN NUMBER: LEGAL DESCRIPTION: Lots 137, Port-Au-Prince according to the Plat thereof recorded in Plat Book 13, Page 51 of the Public Records of Collier County, Florida. You, as the owner of the property above described, as recorded in the records maintained by the office of the Property Appraiser, are hereby advised that the Compliance Services Manager, did on 5/15/96, order the abatement of a certain nuisance existing on the above property prohibited by Ordinance 91-47, serving notice thereof upon you, such nuisance being: Accumulation of prohibited exotics on unimproved land located within 200' of improved, subdivided property. Australian pine trees, Brazilian pepper hedges, and 4-5 large down trees. Ycu failed to abate such nuisance; whereupon, it was abated by the expenditure of public funds at a direct cost of $1660.00 and admlnlstrat~ve cost of $200.00 for a total of $1860.00. Such costs, by Resolution of the Board of County Commissioners of Collier County, Florlda, have been assessed against the above property on and shall become a lien on the property thirty [30) days after such assessment. You may request a hearing before the Board of County Commissioners to show cause, if any, why the expenses and charges incurred by the County under this Ordinance are unwarranted or excessive or why such expenses should not constitute a lien against the property. Such request for hearing must be made to the Clerk of the Board of County Commissioners, Government Center, Naples, Florida 34112 in writing within thirty (30) days from the date of this assessment to be valid. CLERK BOARD OF CSce 9- 1/93 AGE I . No. ~ FEB 5 1997 RESOLUTION NO. 9?- A RESOLUTION OF THE BOARD OF COUNTY COMMISS;ONERS PROVXDING FOR ASSESSMENT OF LXEN0 FOR THE COST OF THE ABATEMENT OF PUBLIC NUISANCE, IN ACCORDANCE WIT}( ORDINAI4CE 91-47. ~'HEREAS, as provided in Ordinance 91-47, the direct costs of abatement of certain nuisances, including prescribed administrative cost incurred by the County, shall be assessed against such property; and WHEREAS, the cost thereof to the County as to each parcel shall be calculated and reported to the Board of County Commissioners, together w~th a description of said parcel; and WHEREAS, such assessment shall be a legal, valid and binding oblige' ~on upon the property against which made until paid; and WHEREAS, the assessment shall become due and payable thirty days after the mai]ing of Notice Of Assessment after which interest shall accrue at a rate of twelve percent (12.0%) per annum on any unpaid portion thereof. NOW, THEREFORE, BE It RESOLVED BY THE BOARD OF COb'NTY COMMISSIONERS OF COLLIER CO~4TY, FLORIDA. that the property described as follows, and having been abated of a public nuisance after due and proper notice thereof to the owner of said property, is hereby assessed the following costs of such abatement, to wit: NAME: AL R O COST R K Realty Of FL Inc Lots 137, Port-Au-Prince $1,8~0.00 45 West Ave according to the Plat thereof Not'walk. CT 06856 recorded in Plat Book 13, Page 51 of the Public Records of Collier County, Florida. ~EFERENC~: 60515-007 #68345320005 The Clerk of the Board shall mail a notice of assessment of lien to the owner or owners of the above described property, and if such owner fails to pay such assessment within thirty (30] days hereof, a certified copy of this Resolution shall be recorded in the official records of Collier County, to constitute a lien against such property according to law, unless such direction is stayed by this Board upon appeal of the assessment of the owner. This Resolution adopted after motion, second and majority vote. DATED: ATTEST: DWIGHT E. BROCK, CLERK BOARD OF CO~4TY COMMISSIONERS COLLIER COLrNTY, FLORIDA APPROVED AS TO FORM AND LEGAL SUFFICIENCY: DAVID WEIGEL COUNTY ATTORNEY CSce 11 - 1/97 BY: TIMOTHY L. HANCOCK, CHAIR~ AGENDA U£M .~ FEB 5 1997 EXECUTIVE S~y LIEN RESOLUTION - CODE ENFORCEMENT CASE NO. 60521-015 RECORD OWNER - ANTONIO L QUINTANA Board to accept report and adopt Resolution assessing a lien against the parcel in order to recover public funds expended to effect the abatement of a public nuisance at this location, all as provided for in Ordinance 91-47, the Collier County Weed, Litter and Plant Control Ordinance. Case Summary: a. Violatio~ determination b. Notice of Violation served c. Verification of unabated nuisance d. Nuisance abated with public funds e. Owner invoiced for costs FISCAL IMPACT 05/20/96 undeliverable 09/11/96 10/25/96 11/21/96 Reimbursement of $798.00 may be anticipated by voluntary action or foreclosure. GROWTH MANAG NT IMPACT Not applicable. RECOM}¢ENI)ATiON That the Board of County Commissioners adopt the Resolution. PREPARED BY: SENIOR CUSTOMER SERVICE REPRESENTATIVE APPROVED BY: Vincent A. Cautero, Administrator Community Dev. & Environmental Svcs. DATE: FEB P., 1997 BOARD OF COUNT! COH~SSZON~RS COLLieR CO~T, FLOR~D~ LEGA.L ~O?ZC£ OF~SSESSH~NT OF LZ~N Antonio L Quintan& Antonio M Quintan& 911 I~W 1't St Mi~mi, FL 33128 DATE: REFER--t'NCE 60521-015 ~62040840006 LEGAL DESCRIPTION: LIEN NUMBER: Lot 13, Block 2, NAPLEs M~NOR, UNIT NO. l, &ccording to the Plet thereof, recorded in Plat Book 3, Page 57, of the Public Records of Collier County, Florid&. You, as the owner of the property above described, as recorded in the records maintained by the office of the Property Appraiser, are hereby advised that the Compliance Services Manager, did on 5/21/96, order the abatement of a certain nuisance existing on the above property prohibited by Ordinance 91-47, serving notice thereof upon you, such nuisance being: Prohibited dumping, &ccumulation, storage or buri&l of litter, wsste or &bandoned property. You failed to abate such nuisance; whereupon, it was abated by the expend:ture cf public funds at a direct cost of $598.00 and admlnistrati.;e cost of $200.00 for a total of $798.00. Such costs, by ~esc!utlcn of the Board of County Ccm,missicners of Collier County, Flor:da, have been assessed against the above Droperty on and shall become a lien on the property thirty {30) days after such assessment. You may request a hearing before the Board of County Commissioners to show cause, if any, why the expenses and charges incurred by the County under this Ordinance are unwarranted or excessive or why such expenses should not constitute a lien against the property. Such request for hearing must be made to the Clerk of the Board of County Co--missioners, Government Center, Naples, FlcriJa 34112 in writing within thirty (30) days from the date of this assessment to be valid. CLERK, BOARD OF COUNTY COMMISSIONERS CSce 9- 1/93 AGENDA ITEM,., FEB 2 5 1997 RESOLUTION NO. 97-_________._ A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS PROVIDING FOR ASSESSMENT OF L~EN, FOR THE COST OF THE ABATEMENT OF PUBLIC NUISANCE, IN ACCORDANCE WITH ORDINANCE 91-47. WHEREAS, as provided in Ordinance 91-47, the direct costs of abatement of certain nuisances, including prescribed administrative cost incurred by the County, shall be assessed against such property; and W%IEREAS, the cost thereof to the County as to each parcel shall be calculated and reported to the Board of County Commissioners together with a description of said parcel; and WT~E~EAS, such assessment shall be a legal, ,'al~d and binding cbli~a%lsn upon the prcf, erty against which made unt;1 paid; and WHEREAS, the assessment shall become due and payable thirty days after the mailing of Notice of Assessment after which interest shall accrue at a rate of twelve percent (12 0%) per annum on any unpaid portion thereof. ' NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTy, FLORIDA, that the property described as follows, and having been abated of a public nuisance after due and proper notice thereof to the owner of said property, is hereby assessed the following costs of such abatement, to wit: Antonio L Quintana An tonia M Quintana 911 hrW 1°' St Mia~ni, FL 33128 REFERENCE: 60521-015 #62040840006 Lot 13, Block 2, NAPLES M3%NOR, trNIT NO. 1, according to the Plat thereof, recorded in Plat Book 3, Page 57, of the Public Records of Collier County, Florida. $798.00 The Clerk of the Board shall mail a notice of assessment of lien to the owner or owners of the above described property, and if such owner fails to pay such assessment within thirty (30} days hereof, a certified copy of this Resolution shall be recorded in the official records of Collier County, to constitute a lien against such property according to law, unless such direction is stayed by this Board upon appeal of the assessment of the owner. This Resolution adopted after motion, second and majority vote. DATED: BOARD OF CO~;TY COMMISSIONERS COLLIER CO~;Ty, FLORIDA ATTEST: DWIGHT E. BROCF, CLERK APPROVED AS TO FORM AJ',~D LEGAL SUFFICIENCY: /4,,,/, .:/..,(!'/, __ DAVID WEIGEL COL~Ty ATTORNEY CSce 11 - 1/97 BY: TIMOTHy L. HANCOCK, CHAIRMAN FEB Z 5 1997 LIEN RESOLUTION CODE ENFORCEMENT CASE NO. 60617-036 RECORD OWNER - CHARLES E DUQUET Board to accept report and adopt Resolution assessing a lien against the parcel in order to recover public funds expended to effect the abatement of a public nuisance at this location, all as provided for in Ordinance 91-47, the Collier County Weed, Litter and Plant Control Ordinance. Case Summary: a. Violation determination b. Notice of Violation served c. Verification of unabated nuisance d. Nuisance abated with public funds e. Owner invoiced for costs FISCAL IMPACT 06/20/96 undeliverable '09/18/96 09/20/96 10/04/96 Reimbursement of $245.00 may be anticipated by voluntary action or foreclosure. ROWTH M3%NAGEMENT IMPACT Not applicable. RECOMMENDATION That the Board of County Commissioners adopt the Resolution. PREPARED BY: Vincent A. Cautero, Administrator Community Dev. & Environmental Svcs. FEB 5 1997 Chsrlel E Duquet DATE: 20310 Louisa Livonia, MI 48152 REFERENCE 60617-036 ~57191440001 LIEN NUMBER: LEGAL DESCRIPTION: Lot 11 Block 88 of M~RCO BEACB UNIT FIVE, & subdivision according to the Plat thereof, recorded in Plat Book 6, Pages 39-46 of the Publi~ Records of Collier County, Florida. You, as the owner of the property above described, as recorded in the records malntained by the office of the Property Appraiser, are hereby advised that the Compliance Services Manager, did cn 6/24/96, o:der the abatement of a certain nuisance existing on the above property prohibited by Ordinance 91-47, serving notice thereof upon you, such nuisance being: Prohibited accumulation of non-protected mow~ble vegetation in excess of 18" in height in a subdivision other then Golden Gate Estates. You faile~ to akate such nuisance; whereupon, it was abated by the expenditure cf public funds at a dzrect cost of $45.00 and administrative cost cf $200.00 for a total of $245.00. Such costs, by Resolution of the Board cf County Ccrr, issloners of Collier County, Florida, have been assessed against the above property on and shall become a lien on the property thlrty {30) days after such assessment. You may request a hearing before the Board of County Co~issloners to show cause, if any, why the expenses and charges incurred by the County under this Ordinance are unwarranted or excessive or why such expenses should not constitute a lien against the property. Such request for hearing must be made to the Clerk of the Board of County Com~,issioners, Government Center, Naples, Florida 34112 in writing within thirty (30) days from the date of this assessment to fe valid. CLERK, BOAPD OF COUNTY COMMISSIONEPS CSce 9- 1/93 RESOLUTION NO, A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS PROVIDING FOR ASSESSMENT OF LIEN, FOR THE COST OF THE ABATEMENT OF PUBLIC NUISANCE, IN ACCORDS;CE WITH ORDINANCE 91-47. WHEREAS, as provided in Ordinance 91-47, the direct costs of abatement of certain nuisances, including prescribed administrative cost incurred by the County. shall be assessed against such property; and WHEREAS, the cost thereof to the County as to each parcel shall be calculated and reported to the Board of County Commissioners, together with a description of said parcel; and W~EREAS, such assessment shall be a legal, valid and binding obligation upon the property against which made until paid: and WHE~£AS, the assessment shall become due and payable thirty days after the mailing of Notice of Assessment after which interest shall accrue at a rate of twelve percent (12.0%) per annum on any unpaid portion thereof. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF CODT{TY CO~{ISSIONERS OF COLLIER CObT~T¥. FLORIDA, that the property described as follows, and having been abated of a public nuisance after due and proper notice thereof to the owner of said property, is hereby assessed the following costs of such abatement, to wit: ~AM~ LEGAL DESCRIPTIOn1 COST Charles E Dugust Lot ll, Block 88 of F~KRCO BEACR $:45.00 20310 Louise ~IT F~, m ~div~ion mccord~n~ Livonia, MI 48152 to tho Plat thereof, recorded in Plat Book 6, Pa~es 39-46 of the P~lic Record~ of Collier Cowry, Florida. ~EFERENCE: 60617-036 ~57191440001 The Clerk of the Board shall mail a notice of assessment of lien to the owner or owners of the above described property, and if such owner fails to pay such assessment within thirty {30) days hereof, a certified copy of this Resolution shall be recorded in the official records of Collier County, to constitute a lien against such property according to law, unless such direction is stayed by this Board upon appeal of the assessment of the owner. This Resolution adopted after motion second and majority vote. DATED: ' ATTEST: BOARD OF CO~4TY CO~Is~ONERS DWIGHT E. BROCK, CLERK COLLIER CO~{TY, FLORIDA APPROVED AS TO FORM A~;D LEGAL SUFFICIENCY: .~I.-~AV I D WEIGEL CGb~,;TY ATTORNEY CSce 11 - 1/96 BY: TIMOTHY L. HA3~COCK, CHAIRFJ~ AG D FEB 2 5 1997 i:'~, , -3 LIEN RESOLUTION CODE ENFORCEKENT CASE NO. 60619-021 RECORD OWNER - LLOYD O SHEEHAN TR OBJECTIVE Board to accept report and adopt Resolution assessing a lien against the parcel in order to recover public funds expended to effect the abatement of a public nuisance at this location, all as provided for in Ordinance 91-47, the Collier County Weed, Litter and Plant Control Ordinance. CONSIDERATION Case Summary: a. Violation determination b. Notice of Violation served c. Verification of unabated nuisance d. Nuisance abated with public funds e. Owner invoiced for costs FISCAL IMPACT 06/18/96 06/24/96 09/27/96 10/25/96 ZZ/0Z/96 Keimbursement of $290.00 may be anticipated by voluntary ~r~ion or foreclosure. GROWTH MA/~AGEMENT IMPACT Not applicable. RECOMMENDATION Uhat the Board of County Commissioners adopt the Resolution. PREPA~RED BY: Virgig~a Pack SENIOR CUSTO~fER SERVICE REPRESENTATIVE APPROVED BY: Vincent A. Cautero, Administrator Cc,."ununity Dev. & Environmental Svcs. FEB 2, 5 1997 .,. -~- BOARD OF COU~T! COHH~$S~ONER$ COLLIER COUNT~, FLORIDA LEGAL NOTICE OF ASSESSq4XNT OF LIEN Lloyd G Sheehan TR 5600 N Tamiami Tr STE 1 Naples, FL 33963 DATE: REFERENCE 60619-021 ~62099090008 LIEN NUMBER: LEGAL DESCRIPTION: Lots 9, and 10 Block 10. NAPLES MANOR ADDITION. according to the Plat thereof recordsd in Plat Book 3. Pages 67 ~nd 68, of the Public Records of Collier County, Florida. You, as the owner of the property above described, as recorded in the reccros maintained by 'he office of the Property Appraiser, are hereby advised that the Compliance Services Manager, did on 6/19/96, order the abatement of a certain nuisance existing on the above property prohibited by Ordinance 91-47, serving notice thereof upon you, such nuisance being: Prohibited accumulation of non-protected mowable vegetation in excess of 18" in height in a subdivision other than Golden Gate Estates. YOU failed to abate such nuisance; whereupon, it was abated by the expenditure of public funds at a direct cost of $90.00 and administrative cos% cf $200.00 fcra total cf $290.00. Such costs, by ResLlution of the Board cf County Commissioners of Collier County, Florida, have been assessed against the above property on and shall become a lien cn the property thirty {30) days after such assessment. You may request a hearing before the Board of County Commissioners to show cause, if any, why the expenses and charges incurred by the County under this Ordinance are unwarranted or excessive or why such expenses should not constitute a lien against the property. Such request for hear!hq must be made to the Clerk of the Board of County ComMissioners, Government Center, Naples, Florida 34112 in writing within thirty (30) days from the date of this assessment tc be valid. CLERK, BOARD OF COUNTY COMMISSIONERS CSce 9- 1/93 AGE D I FEB Z 5 1997 P~. ~ RESOLUTION NO. 97- A RESOLUTION OF %%4E BOARD OF CO%ThFFY COMMISSIONERS PROVIDING FOR ASSESSMENT OF LIEN. FOR T~E COST OF THE ABATEMENT OF PUBLIC NUISANCE, IN ACCORDanCE WITH ORDINANCE 91-47. W~EREAS, as provided in Ordinance 91-47, the direct costs of abatement of certain nuisances, including prescribed administrative cost incurred by the County, shall be assessed against such property; and WHEREAS, the cost thereof to the County as to each parcel shall be calculated and reported to the Board of County Commissioner·, together with a description of said parcel; ·nd ~EREAS, such assessment shall be · legal, valid and binding obligation upon the property against which made until paid; and WHEREAS, the assessment shall become due and payable thi:ty (30) days after the mailing of Notice of Assessment after which interest shall accrue at · rate of twelve percent (12.0%) per annum on any unpaid portion thereof. NOW, T~EREFORE, BE IT RESOLVED BY TNE BOARD OF COUN~ COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the property described as follows, and having been abated of a public nuisance after due and proper notice thereof to the owner of said property, is hereby assessed the following costs of such abatement, to wit: Lloyd G Shashan TR LOtl 9, and 10 Block 10, $290.00 5600 N Tami~umi Tr STE 1 NAPLES ~OtNOR ADDITION, according Naples, FL 33963 to the Plat thereof recorded in Plat Book 3, Pages 67 and 68, of tho Public Records of Collier County, Florida'. 60619-021 #62099080008 The Clerk of the Board shall mail · notice of assessment of lien to the owner or owners of the above described property, and if such owner fails to pay such assessment within thirty (30) days hereof, a certified copy of this Resolution shall be recorded in the official records of Collier County, to constitute · lien against such property according to law, unless such direction is stayed by this Board upon appeal of the assessment of the owner. This Resolution adopted after motion, second and majority vote. DATED: ATTEST: BOARD OF COUntrY COMMISSIONERS DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA APPROVED AS TO FORM AND LEGAL ~;UF,FIClENcTf: .~JDA'J! D WEIGEL COUNTY ATTORNEY CSce 11 - 1/97 BY: TIMOTHY L. MARCOCK, CHAIRMAN AGEND I FEB 2, 5 1997 P~. ~ LIEN RESOLUTION . CODE ENFORCEMENT CASE NO. 60621-029 RECORD OWNER CLAUDE E SCHOLLAERT Board to accept report and adopt Resolution assessing a lien against the parcel in order to recover public funds expended to effect the abatement of a public nuisance at this location, all as provided for in Ordinance 91-47, the Collier County Weed, Litter and Plant Control Ordinance. Case Summary: a. Violatio~ determination b. Notice of Violation served c. Verification of unabated nuisance d. Nuisance abated with public funds e. Owner invoiced for costs FISCAL IMPACT Reimbursement of $245.00 may be anticipated by action or foreclosure. GROWTH MA/~AGEMENT IMPACT Not applicable. RECOM/~ENDATION That the Board of County Commissioners adopt the Resolution. 06114/96 undeliverable 09/18/96 09/20/96 10/04/96 voluntary PREPARED BY: SENIO~ CUSTOMER SERVICE REPRESENTATi%rE APPROVED BY: Vincent A. Cautero, Administrator Comznunity Dev. & Environmental Svcs. DATE DATE: FEB g 5 997 ] BOARD OF COUNT! COHMISSIONERS COLLIER COUNTy° FLORIDA LEGAL NOTICE OF ASSESSMIq~T OF LIEN Claude E Schollaert DATE: 2124 Airport Rd So STE 201E Naples, FL 33962 REFERENCE 60621-029 ~57208200008 LEGAL DESCRIPTION: LIEN NUMBER: Lot 25, Block 167, MARCO BEACN UNIT 5, & subdivision according to the plat thereof as recorded in Plat Book 6, pages 39-46, of the Public Records of Collier County, Florida. You, as the owner of the property above described, as recorded in the records maintained by the cffice of %h~. Rroperty Appraiser, are hereby advised that the Compliance Services Manager, dld on 6/21/96, order the abatement of a certain nuisance existing on the above property prohibited by Ordinance 91-47, serving notice thereof upon you, such nuisance being: Prohibited accumulation of non-protected mowable vegetation in excess of 18" in height in a subdivision other than Golden Gate Estates. You failed %o abate such nuisance; whereupon, it was abated by the expenditure of public funds at a direct cost of $45.00 and administrative cost of $200.00 for a total of $245.00. Such costs, by Resolution of the Board cf County Com.mlssioners of Collier County, Florida, have been assessed against the above property on and shall become a lien on the property thirty (301 days after such assessment. You may request a hearing before the Board of County Co~missioners to show cause, if any, why the e×pen~es and charges incurred b}, the County under this Ordinance are unwarranted or excessive or why such expenses should not constitute a lien against the property. Such request for hearing ~nust be made to the Clerk of the Board of County Com~issloners, Government Center, Naples, Florida 34112 in w:lting within thirty (30) days frcr the date cf thls assessment to be valid. CLEP~', BOARD Cr COUNTY COMHISSIONERS CSce 9- 1/93 AGENDA ITEM. No. FEB 2, 5 1997 RESOLUTION NO. 97- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS PROVIDING FOR ASSESSMENT OF LIEN, FOR THE COST OF THE ;%BATEME~;T OF PUBLIC NUISkNCE, IN ACCORDANCE WITH ORDINANCE 91-47. W~EREAS, as provided in Ordinance 91-47, the direct costs of abatement of certain nuisances, including prescribed administrative cost incurred by the County, shall be assessed against such property; and W~EREAS, the cost thereof to the County as to each parcel shall be calculated and reported to the Board of County Commissioners, together with a description of said parcel; and ~'HEREAS, such assessment shall be a legal, valid and binding obligation upon the property against which made until paid; and ~'HEREAS, the assessment shall become due and payable thirty (30) days after the mailing of Notice of Assessment after which interest shall accrue at a rate of twelve percent (22 0%) per annum on any unpaid portion thereof. ' NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUTgTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the property described as follows, and having been abated of a public nuisance after due and proper notice thereof to the owner of said property, is hereby assessed the following costs of such abatement, to wit: Claude E Schollaert 2124 Airport Rd $o STE 201 E Naples, F1 33962 60621-029 #57208200008 Lot 25, Block 167, MARCO BEACH $245.00 UNIT 5, a subdivision according to the plat thereof as recorded in Plat Book 6, pages 39-46, of the Public Records of Collier County, Florida. The Clerk of the Board shall mail a notice of assessment of lien to the owner or owners of the above described property, and if such owner fails to pay such assessment within thirty (30] days hereof, a certified copy of this Resolution shall be recorded in the official records of Collier County, to constitute a lien against such property according to law, unless such direct/on ks stayed by this Board upon appeal of the assessment of the owner. This Resolution adopted after motion second and majority vote. DATED: ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COMITY COMMISSIONERS COLLIER CO~4TY, FLORIDA APPROVED AS TO FORM ;%ND LEGAL SUFFICIENCY: ~_..DAV ~ D WEIGEL COU~JT y ATTORNEY CSce 11 1/96 BY: TIMOTHY L HANCOCK, CHAIRMJ%N AGENDA FEB 2, 5 '1997 LIEN RESOLUTION CODE ENFORCEMENT CASE NO. 60626-055 RECORD OWNER - E SCOTT HERRING A~rD DEBORAH L HERRING Q~JECTIVE Board to accept report and adopt Resolution assessing a lien against the parcel in order to recover public funds expended to effect the abatement of a public nuisance at this location, all as provided for in Ordinance 91-47, the Collier County Weed, L~.tter and Plant Control Ordinance. CONSIDERATION Case Summary: a. Violation determination b. Notice of Violation served c. Verification of unabated nuisance d. Nuisance abated with public funds e. Owner invoiced for costs 06/24/96 undeliverable 09/24/96 09/25/96 10/10/96 FISCAL IMPACT Reimbursement of $245.00 action or foreclosure. may be anticipated by voluntary GROWTH MANAGEMENT IMPACT Not applicable. ~ECOMMENDATION That the Board of County Commissioners adopt the Resolution. PREPARED BY: Virgihia Pack SENIOR CUSTOMER SERVICE REPRESENTATIVE APPROVED BY: Vincent A. Cautero, Administrator Community Dev. & Environmental Svcs. DATE: AG N ~ FEB 2 5 1997 E Scott Barring & Deborah L Barring 506 Tudor Cir BOARD OF COUNTX COM~{ZSSIONERS COLLIER COUNTY, FLORIDA LEGAL NOTICE OF ASSESSMENT OF LIEN DATE: Al t~monte OpEs, FL 32701 REFERENCE 60626-055 #57192560003 LEGAL DESCRIPTION: LIEN NUMBER: LOT 1, BLOCK 136, MARCO BEACR, UNIT FIVE, a Subdivision according to the Plat thereof, recorded in Plat Book 6, Page 39-46, of the Pu~lio Records of Collier County, Florida. You, ,. the owner of the property above described, as recorded in the recc:u~ ma:ntaineJ b.? the office of the Property A~pratser, are here~7 advised that the Compliance Services Manager, did on 6/27/96, order the abatement cf a certain nuisance existing on the above property prohibited ty Crd:nance 91-47, serving notice thereof upon you, such nuisance being: Prohibited accumulation of non-protected mowable vegetation in excess of 18" in height in a subdivision other than Golden Gate Estates. You la,leu to abate such nuisance; whereupon, i% was abated by the exFend~tu~e ~f Dubl~c fun~s at a d~rect cost cf $45.00 and administrative cost of $200.00 for a tote! of $245.00. Such costs, by Resolution of the Board cf County Ccr.nlssioners of Collier'Ccunty, Florida, have been assesse~ agatnst the above property on and shall become a lien cn the property thirty (30) days after such assessment. You may request a hearing before the Board of County Commissioners to show cause, if anv, why the expenses and charges incurred by the County under this Ordinance are unwarranted or excessive or why such expenses should not constitute a lien against the property. Such request for hearing must t~ made to the C'erk of the Board of County Co~missioners, Government Center, Nap. les, Florida 34112 in writing within thirty (30] days from the date of this assessment to be valid. CtEP~, BOAgD OF COUNTY COMMISSION£RS CSce 9- 1/93 AG£ D I -- FEB g 5 1997 P~.__~,,, RESOLUTION NO. 97- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS PROVIDING FOR ASSESSMENT OF LIEN, FOR THE COST OF THE ABATEMENT OF PUBLIC NUISANCE, XN ACCORDANCE WITH ORDINANCE 91-47. W~4ERF. AS, as provided in Ordinance 91-47, the direct costs of abatement of certain nuisances, including prescribed administrative cost incurred by the County, shall be assessed against such property; and WHEREAS, the cost thereof to the County as to each parcel shall be calculated and reported to the Board of County Commissioners, together with a description of said parcel; and WHEREAS, such assessment shall be a legal, valid and binding obligation upon the property against which made until paid; and ~-HEREAS0 the assessment shall become due and payable thirty (30) days after the mailing of Notice of Assessment after which interest shall accrue at a rate of twelve percent (12 0%) per annum on any unpaid portion thereof. ' NOW, THEREFORE° BE IT RESOLVED BY THE BO;~RD OF COU]TTY COMMISSIONERS OF COLLIER COUP, FLORIDA, that the property described as follows, and having been abated of a public nuisance after due and proper notice thereof to the owller of said property, is hereby assessed the following costs of such abatement, to wit: E Scott Herring & LOT 1, BLOCK 136, MARCO BEACh, $24S.00 Deborah L Herring U1~'/T FIVe, a Subdivision according 506 TUdor Cir to the Plat thereof, recorded in Plat Air-monte Spgs, FL 32701 Book 6, Page 39-45, of the Public Records of Collier County, Florida. 60626-055 ~$7192560003 The Clerk of the Board shall mail a notice of assessment of lien to the owner or owners of the above described property, and if such owner fails to pay such assessment within thirty (30) days hereof, a certified copy of this Resolution shall be recorded in the official records of Collier County, to constitute a lien against such property according to law, unless such direction is stayed by this Board upon appeal of the assessment of the owner. This Resolution adopted after motion, second and majority vote. DATED: ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNT%' COM)~ISSIONERS COLLIER COUNT'f, FLORIDA APPROVED AS TO FORM A~ LEGAL SLrFFICIENCY: CObT, ~-75' ATTORNEY CSce 11 - 1/97 BY: TIMOTHY L. HANCOCK, CHAIR14AN FEB 2 5 1997 SUMMARY LIEN RESOLUTION CODE ENFORCEMENT CASE NO. 60701-105 RECORD OWNER - GEORGES VERBERT EST OBJECTIVE Board to accept report and adopt Resolution assessing a lien against the parcel in order to recover public funds expended to effect the abatement of a public nuisance at this location, all as provided for in Ordinance 91-47, the Collier County Weed, Litter and Plant Control Ordinance. CONSIDERATION Case Summary: a. Violation determination b. Notice of Violation served c. Verification of unabated nuisance d. Nuisance abated with public funds e. Owner invoiced for costs 0?/03/96 undeliverable 09/12/96 09/30/96 10/10/96 FISCAL IMPACT Reimbursement of $245.00 may be anticipated by voluntary action or foreclosure. GROWTH MANAGEMENT IMPACT No6 applicable. RECOM2~ENDATION That the Board of County Commissioners adopt the Resolution. PREPARED BY: APPROVED BY: Vincent A. Cautero, Administrator Community Dev. & Environmental Svcs. AGE D T :EB 2, 5 1997 BOARD OF COU~TT CO~I$$IONERS COLLIER COUNTT, FLORIDA LEGAL NOTICE OF ASSESSMINT OF LIEN Georges Verbert EST DATE: Th£bautstra&t 25 2100 Deurne Belgium REFERENCE 60701-105 #59026200000 LIEN NUMBER: LEGAL DESCRIPTION: Lot 20, Block 789, of · REPLAT OF A PORTION OF M~RCO BEACH UNIT TWENTY-FIVE, according to the Plat thereof, recorded in Pl&t Book 12, Pages 86 - 89, of the Public Records of Collier County Florida. You, as the owner of the Froperty above described, as recorded in the records m~:ntained by the office of the Property Appraiser, are hereby advised chat the Compliance Services Manager, did on 7/10/96, orOer the abatement of a certain nuisance existing on the above property prohibited by Ordinance 91-47, serving notice thereof upon you, such nuisance being: Prohibited accumulation of non-protected mowable vegetation in excess of 18" in height in a subdivision other than Golden Gate Estates. You failed to abate such nuisance; whereu~cn0 ~t was abated by the expenditure of public funds at a direct cost of $45.00 and administrative cos% of $200.00 fcra total of $245.00. Such cs~ts, by ~esclution of the Board of County Co~missioners of Collier County, Florida, have been assessed against the above property on and shall become a llen on the property thirty (30) days after such assessment. You may request a hearing before the Board of Ccunty Comrr, lssioners to show cause, if any, why the expenses and charges incurred by the County under th~s Ordinance are unwarranted or excessive or why suc~ expenses shculd not constitute a lien against the property. Such request for hearing r. ust be made to the Clerk of the Board of County Com~isslonerso Government Center, Naples, F!o~ida 34112 in writing w~thin thirty (30) da~s from the date of this assessment to be valid. CL£~K, BOARD OF COUNTY COMMISSIGNEeS CSce 9- 1/93 AG E N D.A ~I£~d.. ~'EB 2, 5 1997 ~ESOLUT~ON NO. 97- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS PROVIDING FOR ASSESSMENT OF LIEN, FOR THE COST OF THE ABATEMENT OF PUBLIC NUISANCE, IN ACCORD~NC£ WITH ORDINANCE 91-¢7. W~EREAS0 as provided in Ordinance 91-47, the direct costs of abatement of certain nuisances, including prescribed administrative cost incurred by the County, shall be assessed against such property; and W~EREAS, the cost thereof to the County as to each parcel shall be calculated and reported to the Board of County Commissioners, together with a description of said parcel; and WHEREAS, such assessment shall be a legal, valid and binding obligation upon the property against which made until paid; and ~HE~EAS0 the assessment shall become due and payable thirty days after the mailing of Notice of Assessment after which interest shall accrue at a rate of twelve percent (12.0%) per annum on any unpaid portion thereof. NOW, THEREFORE, BE IT RESOL%;ED BY THE BOARD OF COU?;TY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the property described as follows, and having been abated of a public nuisance after due and proper notice thereof to the owner of said property, is hereby assessed the following costs of such abatement, to wit: Georges Verbert EST Thibautstraat25 2100 Deurne Belgium 60701-105 #59026200000 A R ' Lot 20, Block 789, of a REPEAT O? $245.00 A PORTTON OF M~CO BF. ACR WIT TWEh'I'~-FXVE, according to the Plat thereof, recorded in Plat Book 12, Pages 86 - 89, of the Public Records of Colliar County Florida. The Clerk of the Board shall mail a notice of assessment of lien to the owner or owners of the above described property, and if such owner fails to pay such assessment within thirty (30) days hereof, a certified copy of this Resolution shall be recorded in the official records of Collier County, to constitute a lien against such property according to law, unless such direction is stayed by this Board upon appeal of the assessment of the owner. This Resolution adopted after motion, second and majority vote. DATED: ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA APPROVED AS TO FORM ~3d~'D LEGAL S~FFICIENCY: Lt...DAVID WEIGEL COb'.;T Y ATTORNEY CSce 11 - 1/96 BY' TIMOTHY L. HANCOCK, CHAIRPb%N AGENp$ FEB 5 1997 ..3 . LIEN RESOLUTION - CODE ENFORCEMENT CASE NO. 60718-017 RECORD OWNER - ROBERTO C ONOFRE Board to accept report and adopt Resolution assessing a lien against the parcel in order to recover public funds expended to effect the abatement of a public nuisance at this location, all as provided for in Ordinance 91-47, the Collier County Weed, Litter and Plant Control Ordinance. CONSIDERATION Case Summary: a. Violati~h determination b. Notice of Violation served c. Verification of unabated nuisance d. Nuisance abated with public funds e. Owner invoiced for costs 07/16/96 undeliverable 11/06/96 11/11/96 11/21/96 FISCAL IMPACT Reimbursement of $1,100.00 may be anticipated by voluntary action or foreclosure. ' GROWTH MANAGEMENT IMPACT Not applicable. RECOM24ENDATION That the Board of County Commissioners adopt the Resolution. PREPARED BY: SENIOR CUSTOMER SERVICE REPRESENTATIVE APPROVED BY: Vincent A. Cautero, Admint.trator Conununity Dev. & Environmental Svcs. DATE' No. I[~/ FEB Z 5 '1997 BOARD OF COUNT! COMMISSIONERS COLLIER CODT{TY, FLORIDA L~GA~ NOTICE OF ASSESSMENT OF LIEN Roberto C Ono£re 2828 8olly Ave Naples, FL 33962 DATE: REFERENCE 60718-017 176210840000 LIEN NUMBER: LEGAL DESCRIPTION: Lots 27, Block 4, W. B. Surrency Subdivision, according to the Plat thereof, al recorded in Plat Book 1, Page 28, of the Public Recorda of Collier County, Florida. You, as the owner of the property above described, a~ recorded in the records maintained by the office of the Property Appraiser, are hereby advised that the Complian:e Services Manager, did on 7/18/96, order the abatement of a certain nuisance existing on the above property prohibited by Ordinance 91-47, serving notice thereof upon you, such nuisance being: Prohibited dumping, accumulation, atorage or burial of litter, walte or abandoned property. Accumulation of prohibited exotics on unLmproved land located within 200' cf improved, au~divided property. Brazilian pepper hedges end Australian pine trees You failed to abate such nulsanc~; whereupon, it was abated by the expenditure of public funds at a direct cost of $900.00 and administrative cost of $200.00 for a total of $1100.00. Such costs, by Resolution of the Board of County Cc~missioners of Collier County, Florida, have been assessed against the above property on and shall become a lien on the property thirty (30) days after such assessment. You may request a hearing before the Board of County Commissioners to show cause, if any, why the expenses and charges incurred by the County under this Ordinance are uF..%:'ranted or excessive or why such expenses should not constitute a lien against the property. Such =equest for hearing must be made to the Clerk of the Board of County Commissioners, Government Center, Naples, Florida 34112 in writing within thirty (30) days from the date of this assessment to be valid. CLERK, BOARD OF COUNTY COMM!SSIONEPS CSce 9.. 1/93 RESOLUTION NO. 97- A RESOLUTION OF THE BOARD OF CO~4TY COMMISSIONERS PROVIDING FOR ASSESSMENT OF LXEN, FOR THE COST OF THE ABATEMENT OF PUBLIC t~JXSANCE, IN ACCORD;kNCE WITH ORDIN~4CE 91-47. ~74EREAS0 as provided in Ordinance 91-47, the direct coats of abatement of certain nuisances, including prescribed administrative cost incurred by the County, shall be assessed against such property; and WHEREAS. the cost thereof to the County as to each parcel shall be calculated and reported to the Board of County Commissioners, together with a description of said parcel; and W~EREAS, such asse:.::ment shall be a legal, valid and b~nd~ng obligation upon the property against which made until paid; and WHEREAS, the assessment shall become due and payable thirty (30) days after the mailing of Notice of Assessment after which interest shall accrue at a rate of twelve percent (12.0%) per annum on any unpaid portion thereof. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY CO~ZISSIONERS OF COLLIER CO~4TY, FLORIDA, that the property described as follows, and having been abated of a public nuisance after due and proper notice thereof to the owner of said property, is hereby assessed the fol!cwlng costs of such abatement, to wit: N~E: GAL D I · COST Roberto C Onofre 2828 Holly Ave Naples, FL 33962 Lots 27, Block 4, W. R. Surrency $1100.00 Subdivision, according to the Plat thereof, as recorded in Plat Book 1, Page 28, of the Publio Records of Collier County, Florida. REFERE}~CE: 60718-017 #76210840000 The Clerk of the Board shall mail a notice of assessment of lien to ~he owner or owners of the above described property, and if such owner fails to pay such assessment within thirty (30] days hereof, a certified copy of this Resolution shall be recorded in the official records of Collier County, to constitute a lien against such property according to law, unless such direction is s~ayed by this Board upon appeal of the assessment of the owner. This Resolution adopted after motion, second and majority vote. DATED: ATTEST: BOARD OF COUNTY COM~iSSIONERS DWIGHT E. BROCK. CLERK COLLIER CO%/NTY, FLORIDA BY: TIMOTHY L. I{ANCOCK, CHAIRMA/4 APPROVED AS TO FORM ~Dl LEGA~ SUFFI, .! CIENCY: DAVID WEIGEL COUNTY ATTJ, R:;EY CSce l! - 1/97 AG E~D~L~T/"~4 ° FEB ,?, 5 1997 C YE LIEN RESOLUTION - CODE ENFORCEMENT CASE NO. 60718-019 RECORD OWNER - MICHAEL R FREDRICKSON VIRGINIA FREDRICKSON Board to accept report and adopt Resolution assessing a lien against the parcel in order to recover public funds expended to effect the abatement of a public nuisance at this location, all as provided for in Ordinance 91-47, the Collier County Weed, Litter and Plant Control Ordinance. CONSIDEP. ATION Case Summary: a. Violation determination b. Notice of Violation served c. Verification of unabated nuisance d. Nuisance abated with public funds e. Owner invoiced for costs 08/14/96 undeliverable 09/24/96 11/11/96 11/21/96 FISCAL IMPACT Reimbursement of $1,400.00 may be anticipated by voluntary action or foreclosure. GROWTH MANAGEMENT IMPACT Not applicable. RECOM1ZENDATION That the Board of County Commissioners adopt the Resolution. PREPARED BY: APPROVED BY: Vincent A. Cautero, Aclministrator Comm%u~ity Dev. & Environmental Svcs. DATE: FEB 2, 1997 P~. BOARD OF CO,NTT COMMISSIOK~R$ COLLIER COROT!, FLORIDA LECOJ~ NOTICE OF ASSESSMENT OF LIEN Michael R Fre~rickson Virginia Fredrickson 3099 41'= Terr SW Naples, FL 33999 DATE: REFERENCE 60718-019 #76210800008 LIEN NUMBER: LEGAL DESCRIPTION: The South ~ of Lots 25 and 26, Block 4, W.B. SURRENCT'S B~]BDMSION, per plat in Plat Book 1, Page 28, Publio Records of Collier County, Florida. You, as the owner of the property above described, as recorded in the records maintained by the office of the Property Appraiser, are hereby advised that the Compliance Services Manager, did on 8/16/96, order the abatement of a certain nuisance existing on the above property prohibited by Ordinance 91-47, serving notice thereof upon you, such nuisance being: Prohibited dumping, accumulation, storage or burial of litter, wast, or abandoned property. Accumulation of prohibited exotics on unimproved land located within 200' of improved, property. Brazilian pepper hedges & Australian pine trees You faile~ to abate such nuisamce; whereu~=n, it was ahate~ ky the expenditure of public funds at a direct cost of $1200.00 administrative cost of $200.00 for a total of $1400.00. Suc~ Resolution of the Board cf County Ccm.~,issioners of Cciiler C=unty, Florida, have been assessed against the above property cn and shall become a lien on the property thirty (30) days after suck assessment. You may request a hearing before the Board of County Ccm.~is$~cner$ to show cause, if any, why the expenses and charges incurred by t~e Ccunty under this Ordinance are unwarranted or excessive or why such expenses shou!~ not constitute a lien against the property. Such request for hearing must be made to the Clerk of the Board of County Ccm~issionerso Government Center, Naples, Florida 34112 in writing within thirty da':'s from the date cf this assessment to be valid. CLKR?~, BCA~2~ OF CCUNTY ~Sce 9- 1./93 AGEN DA JT£J~, FEB 2 5 1997 p~. .,2. RESOLUT'~ON NO. 97- A RESOLUTION OF THE BOARD OF COUlgTY COMMISSIONERS PRCVIDIN~ FOR ASSESSMENT OF LIEN, FOR THE COST OF THE ABATEMENT OF PUBLIC NUISANCE, ~N ACCORDanCE WITH ORDINANCE 91-47. WHEREAS, as provided in Ordinance 91-47, the direct costa of abatement of certain nuisances, including prescribed administrative cost incurred by the County, shall be assessed against auch property; and ~'HEREAS, the cost thereof to the County as to each parcel shall be calculated and reported to the Board of County Commissioners, together with a description of said parcel; and WN.E~EAS, such assessment shall be a legal, valid and binding otl~ga:~c~. ,~on the property against ~h~ch made unfit pa~d; and WHEREAS, the assessment shall ~ecome due and payable thlr~y days after the mailing of Notice of Assessment after which interest shall accrue at a rate of twelve percent (12.0%) per annum on any unpaid portion thereof. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COB.m. IISSIONERS OF COLLIER CO~TY. FLORIDA. that the property described as follows, and having been abated of a public nuxsance after due and proper notice thereof to the owner of said property, ia hereby assessed the following costs of such abatement, to .NAME Michael R Fredrickson Virginia Fredrickson 3099 41'? Terr SW Naples, FL 33999 ~FERENCE: 60718-019 #76210800008 L~GAL DESCRiPTiON~ COST The South % of Lots 25 and 25, $1400.00 Block 4, W.H. SURRENCY'S SUBDIVISION, per plat in Plat Book 1, Page 28. Public Records of Collier County, Florida. The Clerk of the Board shall mail a notice of assessment of lien to the owner or owners of the above described property, and if such owner fails to pay such assessment within thirty (30) days hereof, a certified copy of this Resolution shall be recorded in the official records of Collier County. to constitute a lien against such property according to law, unless such direction is stayed by this Board upon appeal of the assessment of the owner. This Resolution adopted after motion, second and majority vote. DATED: ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA APPROVED AS TO FORM AND LEGALSUFFICI ENCY: .. DAVID WEIGEL E~%~.:TY ATTORNEY CSce 11 - 1/97 BY: TIMOTilY L. Ill,COCK, CHAIRMAN FEB 2 5 1997 ~=X I Y LIEN RESOLUTION - CODE ENFORCEMENT CASE NO. 60722-065 RECORD OWNER ANTONIO MARULANDA & FLOR MARULANDA Board to accept report and adopt Resolution assessing a lien against the parcel in order to recover public funds expended to effect the abatement of a public nuisance at this location, all as provided for in Ordinance 91-47, the Collier County Weed, Litter and Plant Control Ordinance. CONSIDERATION Case Summary: a. Violation determination b. Notice of Violation served c. Verification of unabated nuisance d. Nuisance abated with public funds e. Owner invoiced for costs FISCAL IMPACT 07/29/96 undeliverable 09/17/96 10/02/96 10/10/96 Reimbursement of $245.00 may be anticipated by voluntary action or foreclosure. GROWTH MANAGEMENT IMPACT Not applicable. RECOM]~ENDATION That the Board of County Commissioners adopt the Resolution. PREPARED BY: V i r~k SENIOR CUSTOMER SERVICE REPRESENTATIVE APPROVED BY: Vincen': A. Cautero, Administrator Community Dev. & Environmental Svcs. DATE: ~OARD OF COUNT'I COLLZER CO%nqTY ~ FLORIDA r~:GAL ~OTZC:~- OF ASSESSMZNT OF LZEN Antonio Marulanda & Flor Marulend& 816 Grand Ave North Bergen, NJ 07047 DATE: REFERENCE 60722-065 ~82536080004 LIEN NUMBER: LEGAL DESCRIPTION: LOT 156, W/LLOUGHBT ACRES, ACCORDING TO THE PLAT THEREOF, RECORDED IN PLAT BOOK 8, AT PAGE 24, PUBLIC RECORDS OF COLLIER COUNTT, FLORIDA. You, as the owner of the property above described, as recorded in the records maintained by the office of the P;operty Appraiser, are hereby advised that the Compliance Services Manager, did on 7/31/96, order the abatement of a certain nuisance existing on the above property prohibited by Ordinance 91-47, serving notice thereof upon you, such nuisance being: Prohibited accumulation of non-protected excess of 18" in height in a subdivision other than Golden Gate Estates. You fa:le~ tc akate such nuisance; whereupon, it was abated by the e×pen~iture cf ~u~llc fur. ds at a direct cost of $45.00 and administrative cost of $200.00 for a total of $245.00. Such costs, by Resolution of the Board of Csunty Ccr~lssioners of Collier.County, Florida, have been assesse~ against the above property on and shall become a lien on the ~rcgerty thirty (30) days after such assessment. You may request a hearing before the Board of County Com,~issioners to show cause, if any, why the expenses and charges incurred by the County under this Ordinance are unwarranted or excessive cr why such expenses shoul~ not ccnstltute a lien against the property. Such request for hearin~ must be made to the Clerk of the Board of County Commissioners, Government Center, Naples, Florida 34112 in writing within thirty (30) days from the date of this assessment to be CLERK, BOAgD OF COUNTY COMMISSIONERS CSce 9- 1/93 RESOLUTION NO. 97- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS PROVIDING FOR ASSESSMENT OF LIEN. FOR THE COST OF THE ABATEMENT OF PUBLIC N~ISANCE, IN ACCORDANCE WITH ORDINANCE 91-47. ~EREAS, as provided in Ordinance 91-47, the direct costs of abatement of certain nuisances, including prescribed administrative cost incurred by the County, shall be assessed against such property; and W~EREAS, the cost thereof to the County as to each parcel shall be calculated and reported to the Board of County Commissioners, together with a description of said parcel; and WN. EREAS, such assessnent shall be a legal, valid and binding obligation upon the property against which ma~e untll paid; and ~HEREAS, the assessment shall become due and payable thirty (30) days after the mailing of Notice of Assessment after which interest shall accrue at a rate of twelve percent (12.0%) per annum on any unpaid portion thereof. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COb'NTY COMMISSIONERS OF COLLIER CO~4TY, FLORIDA, that the property described as follows, and having been abated of a public nuisance after due and proper notice thereof to the owner of said property, is hereby assessed the following costs of such abatement, to wit: Antonio Marulanda & Flor Marulanda 816 Grand Ars North Bergen, NJ 07047 LOT 156, WILLOUGHBY ACRES, ACCORDING TO THE P~AT THEREOF, RECORDED IN PLAT BOOK 8, AT PAGE 24, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. $24S.00 60722-065 #82536080004 The Clerk of the Board shall mail a notice of assessment of lien ~o the owner or owners of the above described property, and if such owner fails to pay such assessment within thirty (30) days hereof, a certified copy of this Resolution shall be recorded in the official records of Collier County, to constitute a lien against such property according to law, unless such direction is stayed by this Board upon app~.'l of the assessment of the owner. This Resolution adopted after motion, second and majority vote. DATED: ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: TIMOTHY L. HANCOCK, CHAIRM~ APPROVED AS TO FORM AND LEGAL SUFFICIENCY: CObT~TY ATTOR.:-Y CSce 11 1/96 NO. ~, FEB 2 5 1997 P~. ~ E R LIEN RESOLUTION - CODE ENFORCEMENT CASE NO. 60806-124 RECORD OWNER - GIUSEPPE DONOFRIO Board to accept report and adopt Resolution assessing a lien against the parcel in order to recover public funds expended to effect the abatement of a public nuisance at this location, all as provided for in Ordinance 91-47, the Collier County Weed, Litter and Plant Control Ordinance. CONSIDERATION Case Summary: a. violati~h determination b. Notice of Violation served c. Verification of unabated nuisance d. Nuisance abated with public funds e. Owner invoiced for costs 08/12/96 undeliverable 09/24/96 o9/25/96 0/ 0/96 ~ISCAL IMPACT Reimbursement of $245.00 may be anticipated by voluntary action or foreclosure. GROWTH M~dgAGEMENT IMPACT Not applicable. RECOMMENDATION That the Board of County Commissioners adopt the Resolution. PREPARED BY: APPROVED BY: Vincent A. Cautero, Administrator Con=nunity Dev. & Environmental Svcs. DATE: FEB 5 '1997 COLLIER COUI~ LE~,.L ~OTIC~ OF A~$ESSI~:I~ OF L~EN Giuseppe Donofrio 457 W 57~ St #603 New Tork, NT 10019 DATE: REFERENCE 60806-124 157741960009 LIEN NUMB£R: LEGAL DESCRIPTION: Lot 12, Block 285, of Marco Belch Unit EIGHT, · Subdivision according to the Plat thereof, recorded in Pl&t Book 6, Page 63-68, of the Public Records of Collier County, Florida. You, as the owner of the property above described, as recorded in the recc:Js maintained by the office of the Property Appraiser, are hereby advised that the Compliance Services Manager, did on B/13/96, order the abatement of a certain nuisance existing on the above property prohibited by Ordinance 91-47, serving notice thereof upon you, such nuisance being: Prohibited accumulation of non-protected mowa~ll vegetation in excess of 18" in height in a subdivision other than Golden Gate Estates. You failed to abate such nuisance; whereupon, it was abated by the expenditure of public funds at a direct cost of $45.00 and administrative cost of $200.00 for a total of $245.00. Such costs, by Resolution of the Board of County Commissioners of C~llier County, Florida, have been assessed against the above property on and shall become a lien on the property thirty (30} days after such assessment. You may request a hearing before the Board of County Commissioners to show cause, if any, why the expenses and charges incurred by the County under this Ordinance are unwarranted or excessive or why ~uch expenses should not constitute a lien against the property. Such request for hearing must be made to the Clerk of the Board of County Commissioners, G~vernment Center, Naples, Florida 34112 in writing with:. 'hirty (30) days from the date of this assessment to be valid. CLERK, BOARD OF COUNTY COMMISSIONERS CSce 9- 1/93 NO. ~ FEB 5 1997 Pi. ~ EXECUTIVE S U~Y LIEN RESOLUTION - CODE ENFORCEMENT CASE NO. 60808-016 RECORD OWNER - MAURICE TREKBLAY Board to accept report and adopt Resolution assessing a lien against the parcel in order to recover public funds expended to effect the abatement of a public nuisance at this location, all as provided for in Ordinance 91-47, the Collier County Weed, Litter and Plant Control Ordinance. CONSIDERATION Case Summary: a. Violation determination b. Notice of Violation served c. Verification of unabated nuisance d. Nuisance abated with public funds e. Owner invoiced for costs FISCAL IMPACT Reimbursement of $245.00 action or foreclosure. 0s/15/96 09/03/96 10/24/96 may be anticipated by voluntary GROWTH MANAGEMENT IMPACT Not applicable. R~CCMMENDATION That the Board of County Commissioners adopt the Resolution. PREPARED BY: APPROVED BY: Vincent A. Cautero, Administrator Community Dev. & Environmental Svcs. 2 5 997 Giuseppe Donofrio 457 W 57~ St ~603 New York, N~ 10019 BOARD OF COUNT! COMMISSIONERS COLLIER COUNTT, FLORIDA LEGAL NOTICE OF A~SESSM~NT OF LIEN DATE: REFERENCE 60806-124 ~57741960009 LIEN NUMBER: LEGAL DESCRIPTION: Lot 12, Block 285, of Marco Be&ch Unit EIGHT, & Subdivision according to the Plat thereof, recorded in Plat Book 6, Page 63-68, of the Public Records of Collie= County, Florida. You, as the owner of the property above described, as recorded in the recc:Js maintained by the off:ce of the Property Appraiser, are hereby advised that the Compliance Services Manager, did on 8/13/96, order the abatement of a certain nuisance existing on the above property prohibited by Ordinance 91-47, serving notice thereof upon you, such nuisance being: Prohibited accumul&tion of non-protected mow&b1& vegetation in e:,~ess of 18" in height in · subdivision other than Golden Gate Es~atas. You failed to abate such nuisance; whereupon, it was abated by the expendi%ure of public funds at a direct cost of $45.00 and administrative cost of $200.00 for a total of $245.00. Such costs, by Resolution of the Board of County Commissioners of C~llier County, Florida, have been assessed against the above property on and shall become a lien on the property thirty {30) days after such assessment. You may request a hearing before the Board of County Commissioners to show cause, if any, why the expenses and charges incurred by the County under this Ordinance are unwarranted or excessive or why ~uch expenses should not constitute a lien against the property. Such request for hearing must be made to the Clerk of the Board of County Commissioners, Gvvernment Center, Naples, Florida 34112 in writing with:. 'i~irty (30) days from the date of this assessment to be valid. CLERK, BOARD OF COUNTY COMMISSIONERS CSce 9- 1/93 AGENDAJTEM . No.~.~ FEB 2, ,5 1997 RESOLUTION NO. A RESOLUTION OF THE BOARD OF CO~TY COMH~SSIONER$ PROV!DING FOR ASSESSMENT OF L~EN. FOR THE COST OF THE ABATEMENT OF PUBLIC NUISANCE, IN ACCORDanCE WITH ORDINANCE 91-47. WHEREAS. as provided in Ordinance 91-47, the direct costs of abatement of certain nuisances, including prescribed administrative cost incurred by the County, shall be assessed against such property; and WHEREAS, the cost thereof to the County as to each parcel shall be calculated and reported to the Board of County Commissioners, together with a description of said parcel; and WHEREAS. such assessment shall be a legal, valid and b.nd~ng cbllgatlon upon the pro[.erty against which maHe until paid; an~ WHEREAS, the assessment shall buccme due and payable thirty (30) days after the mailing of Natice of Assessment after which interest shall accrue at a rate of twelve percent {12.0%} per annum on any unpa. J portion thereof. NOW. THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER CO~TY, FLORIDA, that the property described as follcws, and herin9 been abated of a public nuisance after due and prcper nat!ce thereof to the owner of said property, is hereby assessed the following costs of such abatement, to wit: ~ GA D p · COST Giuseppe Donofrio 457 W 57TM ST #603 New York. N~ 10019 Lot 12, Block 285, of Marco Beach $245.00 Unit EIGHT, a Subdivision according to the Plat thereof, recorded in Plat Book 6, Pegs 63-68, of the Public Records of Collier County, Florida. REFERENCE: 60806-124 #57741960009 The Clerk of the Board shall mail a notice of assessment of lien to the cwner or owners of the above described property, and if such owner fails to pay such assessment within thirty {30) days hereof, a certified copy of this Resolution shall be recorded in the official records of Collier County. to ccnstitutea lien against such property according to law. unless such direction is stayed by this Board upon appeal of the assessment of the owner. This Resolution adopted after motion, second and majority vote. DATED: ATTEST: DWIGHT E, BPOCK, CLERK BOARD OF CO~TY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: TIMOTiIY L. HANCOCK, CHAXRMAN APPROVED AS TO FORM AND LEGAL ~UFFICIENCY: COtk:TY ATTORNEY CSce 11 - 1/97 FEB 2 5 1997 Pi. -~ LIEN RESOLUTION - CODE }.~ORCEMENT CASE NO. 60808-016 RECORD OWNER MAURICE TREMBLAY ~BJECTIVE Board to accept report and adopt Resolution assessing a lien against the parcel in order to recover public funds expended to effect the abatement of a public nuisance at this location, all as provided for in Ordinance 91-47, the Collier County Weed, Litter and Plant Control Ordinance. ~ONSIDERATION Case Summary: a. Violation determination b. Notice of Violation served c. Verification of unabated nuisance d. Nuisance abated with public funds e. Owner invoiced for costs 0a/15/96 09/03/96 09/25/96 10/01/96 10/24/96 FISCAL IMPACT Reimbursement of $245.00 may be action or foreclosure. anticipated by voluntary GROWTH MANAGEMENT IMPACT Not applicable. RECOMMENDATION That the Board of County Commissioners adopt the Resolution. PREPARED BY: SENIOR CUSTOMER SERVICE REPRESENTATIVE APPROVED BY: Vincent A. Cautero, Aclministrator Couumunity Dev. & Environmental Svcs. BO~J~ OF CO~ITt' CONH"ZESZO~TERS COLLIER COUNTY, FLORIDA M~uric* Tremblay DATE: 1611 Mayo St Hollywood, FL 33020 REFERENCE 60808-016 ~36000000003 LIEN NUMBER: LEGAL DESCRIPTION: Lot 13, Block 100, Unit 3, Part Golden Gore, according to the Pl&t thereof, recorded in Plat B~ok 5, Page 101, of the Public Records of Collier County, Florida. You, as the owner of the property above described, as recorded in the :ecsrds malnta:ned by the office of the Property Appraiser, are hereby advised that the Compliance Services Manager, did on B/16/96, order the abatemer~ of a certain nuisance existing on the above property prohibited by Ordinunce 9!-47, serving notice thereof upon you, such nuisance being: Prohibited accumulation of non-protected mowable vegetation in excess of 18" in height in a subdivision other than Golden Gate Estates. You faile~ to abate such nuisance; whereupon, it was abated by the ex~enditure cf Uukllc funds at a direct cost of $45.00 and administrative cost cf $200.00 for a total of $245.00. Such costs, by Resolution of the Board of County Cor~mlssloners of Collier Count},, Florida, have been assessed against the above property on and shall become a lien on the property thirty (30) days after such assessment. You may request a hearing before the Board of County Com~,issioners to show cause, if any, why the expenses and charges incurred by the County under this Ordinance are unwarranted or excessive or why such expenses should not constitute a l:en against the property. Such request for hearing must be made to the Clerk of the Board of County Commissioners, Government Center, Naples, Florida 34112 in writing within thirty {30) days from the date of this assessment to be valid. CLERK, BOARD OF COUNTY COMMISSIONERS CSce 9- 1/93 AG£N I FEB 5 1997 RESOLUTION NO. 97- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS PROVIDING FOR ASSESSMENT OF LIENo FOR THE COST OF THE ABATEME~ OF PUBLIC NUISANCE, IN ACCORDANCE WITH ORDINANCE 91-47. WHEREAS, as provided in Ordinance 91-47, the direct costs of abatement of certain nuisances, including prescribed administrative Cost incurred by the County, shall be assessed against such property; and WHEREAS, the cost thereof to the County as to each parcel shall be calculated and reported to the Board of County Commissioners, together with a description of said parcel; and WHEREAS, such assessment shall be a leg~l, valid and binding obligation upon the property against which m4 ~e until paid; and ~EREAS, the assessment shall become due and payable thirty days after the mailing of Notice of Assessment after which interest shall accrue at a rate of twelve percent (12.0%] per annum on any unpaid portion thereof. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the property described as follows, and having been abated of a public nuisance after due and proper notice thereof to the owner of said property, is hereby assessed the following costs of such abatement, to wit: Maurice Tremblay 1611 Mayo St Hol l~wood, FL 33020 Lot 13, Block 100, Unit 3, Part $245.00 GOLDEN GATE, according to the Plat thereof, recorded in Plat Book 5, page 101, of the Public Records of Collier County, Florid&. 60808-016 #36000000003 The Clerk of the Board shall mail a notice of assessment of lien to the owner or owners of the above described property, and if such owner fails to pay such assessment within thirty [30) days hereof, a certified copy of this Resolution shall be recorded in the official records of Collier County, to constitute a lien against such property according to law, unless such direction is stayed by this Board upon appeal of the assessment of the owner. This Resolution adopted after motion, second and majority vote. DATED: ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA APPROVED AS TO FORM ~ LEGAL SUFFICIENCY: CO~:TY ATTORNEY CSce i1 - 1/gl BY' TIMOTHY L. HANCOCK, CHAIRMAN AGEND T FEB 2 5 1997 LIEN RESOLUTION - CODE ENI~ORCE~ CASE NO. 60808-023 RECORD OW/FER - JOHN C GA~RRISON JR VIRGINIA ~ARRISON Board to accept report and adopt Resolution assessing a lien against the parcel in order to recover public funds expended to effect the abatement of a public nuisance at this location, all as provided for in Ordinance 91-47, the Collier County Weed, Litter and Plant Control Ordinance. CONSIDERATION Case Summary: a. Violation determination b. Notice of Violation served c. Verification of unabated nuisance d. Nuisance abated with public funds e. Owner invoiced for costs 08/22/96 09/25/96 =0/ 0/96 FISCAL IMPACT Reimbursement of $245.00 may be anticipated by voluntary action or foreclosure. GROWTH MANAGEMENT IMPACT Not applicable. RECOM~4ENDATION That the Board of County Commissioners adopt the Resolution. PREPARED BY: SENIOR CUSTOMER SERVICE REPRESENTATIVE A~BY: Vincent A. Cautero, Administrator Community Dev. & Environmental Svcs. DATE: FEB 2 5 1997 Pg. ~ BOARD OF COUNt"/ COMMISSIONERS COLLIER COUNT~, FLORIDA LEGAL NOTICE OF ASSESSMENT OF LIEN John C Garrison Jr Virginia Garrison 45878 C~bin Branch Dr Sterling, VA 22170 DATE: R~FERENCE 60808-023 ~36315760009 LIEN NUMBER: LEGAL DESCRIPTION: Lots 5 Block 199 Unit 6 Part - GOLDEN GATE according to plat thereof recorded in Plat Book 5 Page 131 of the Public Records of Collier County, Florida. You, as the owner of the property above described, as recorded in the records maintained by the office of the Property Appraiser, are her¢~y advised that the Compliance Services Manager, did on B/15/96, order the abatement of a certain nuisance existing on the above property prohibited by Ordinance 91-47, serving notice thereof upon you, such nuisance being: Prohibited accumulation of non-protected mow~bla vegetation in excess of 18" in height in a subdivision other than Golden Gate Estates. You failed to abate such nuisance; whereupon, it was abated by the expenditure of public funds at a direct ccst of $45.00 and administrative cost of $200.00 for a total of $245.00. Such costs, by Resolution of the Board of County Com~missioners of Collier County, Florida, have been assessed against the above property on and shall become a lien on the property thirty (30) days after such assessment. You may request a hearing before the Board of County Commissioners to show cause, if any, why the expenses and charges incurred by the County under this Ordinance are unwarranted or excessive or why such expenses should not constitute a lien against the property. Such request for hearing must be made to the Clerk of the Board of County Commissioners, Government Center, Naples, Florida 34112 in writing within thirty days from the date of this assessment to be valid. CLERK, BOARD OF COUNTY COMMISSIONERS CSce 9- 1/93 RESOLUTION NO. 97- A RESOLUTION OF THE BOARD OF COUI~ COMMISSIONERS PROVIDING FOR ASSESSMENT OF LIEN, FOR THE COST OF THE ;%BATEMENT OF PUBLIC NI3ISANCE, IN ACCORDANCE WITH ORDINANCE 91-47. W~EREAS, as provided in Ordinance 91-47, the direct costs of abatement of certain nuisances, including prescribed administrative cost incurred by the County, shall be assessed against such property; and WHEREAS, the cost thereof to the County as to each parcel shall be calculated and reported to the Board of County Commissioners, together with a description of said parcel; and N~EREAS. such assessment shall be a legal, valid and binding obligation upon the property against which made until paid; and WHEREAS, the assessment shall become due and payable thirty days after the mailing of Notice of Assessment after which interest shall accrue at a rate of twelve percent (12.0%) per annum on any unpaid portion thereof. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUT~TY COMMISSIONERS OF COLLIER COLTNTY, FLORIDA, that the property described as follows, and having been abated of a public nuisance after due and proper notice thereof to the owner of said property, is hereby assessed the following costs of such abatement, to wit: John C Garrison Jr Virginia Garrison 45878 Cabin Branch Dr Sterling, VA 22170 Lots 5 Block 199 Unit 6 Part -- $245.00 GOLDEN GATE according to the plat thereof recorded in Pl&t Book 5 Page 131 of the Public Records of Collier County, Florida. 60808-023 #36315760009 The Clerk of the Board shall mail a notice of assessment of lien to the owner or owners of the above described property, and if such owner fails to pay such assessment within thirty (30) days hereof, a certified copy of this Resolution shall be recorded in the official records of Collier County, to constitute a lien against such property according to law, unless such direction is stayed by this Board upon appeal of the assessment of the owner. This Resolution adopted after motion, second and majority vote. DATED: ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY CO~94ISSIONERS COLLIER COUNTY, FLORIDA BY: APPROVED AS TO FORM A~ LEGAL SUFFICIENCY: ,~--DAV I D WEIGEL COUNTY ATTORNEY CSce 11 - 1/96 TIMOTHY L. HANCOCK, CHAIRMA24 AGENDA ITEM.. FEB 2 5 1997 PI. ~ ~XECUTIVE SUMM~y LIEN RESOLUTION - CODE ENFORCEMENT CASE NO. 60809-010 RECORD OWNER - NASSER NASSER HAYEL MASSOUD OBJECTIVE Board to accept report and adopt Resolution assessing a lien against the parcel in order to recover public funds expended to effect the abatement of a public nuisance at this location, all as provided for in Ordinance 91-47, the Collier County Weed, Litter and Plant Control Ordinance. ~ONS]:'DERATION Case Summary: a. Violation determination b. Notice of Violation served c. Verification of unabated nuisance d. Nuisance abated with public funds e. Owner invoiced for costs FISCAL IMPACT 08/26/96 no date 10/14/96 10/18/96 10/31/96 Reimbursement of $245.00 may be anticipated by voluntary action or foreclosure. GROWTH MANAGEMENT IMPACT Not applicable. RECOM/WENDATION That the Board of County Commissioners adopt t~e Resolution. PREPA~RED BY: SEN:O~ CU$~O~ S~.~VZCE REPRESENTATZVZ APPROVED BY: Vincent A. Cautero, Aclministra~or Conununity Dev. & Envirorunental Svcs. DATE: AGEN DA .~TEJVl, .o. FEB g 5 1997 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA LEGAL NOTICE OF ASSESSMENT OF LIEN Nasssr Nasser H&yel Massoud Castillito #31 Ave Principal De Castillito 31 Puerto Ordaz Venezuela DATE: REFERENCE 60809-010 ~57198200008 LIE~] NUI.~BER: LEGAL DESCRIPTION: Lot 1, Block 146, of Marco Beach Unit FIVE, a Subdivision according to the Plat thereof, recorded in Plat Book 6, Page 39-46, of the Public Records of Collier County, Florida. You, as Yhe owner of the property above described, as recorded in the records :~aintained by the office of the Property Appraiser, are hereby advised that the Compliance Services Manager, did on 8/27/96, order the abatement of a certain nuisance existing on the above property prohibited by Ordinance 91-47, serving notice thereof upon you, such nuisance being: Prohibited accumulation of non-protected mowable vegetation in excess of 18" in height in a subdivision other than Golden Gate Estates. '{ou failed to abate such nuisance; whereupon, it was abated by the exsenditure of public funds at a direct cost of $45.00 and administrative cost of $200.00 for a total of $245.00. Such costs, by Resolution of the Board of County Commissioners of Collier County, Florida, have been assessed against the above property on and shall become a lien on the property thirty (30) days after such assessment. You may request a hearing before the Board of County Commissioners to show cause, if any, why the expenses and charges incurred by the County under this Ordinance are unwarranted or excessive or why such expenses should not constitute a lien against the property. Such request for hearing must be made to the Clerk of the Board of County Commissioners, Government Center, Naples, Florida 34112 in writing within thirty (30] days from the date of this assessment to be valid. CLERK, BOARD OF COUNTY COMMISSIONERS CSce 9- 1/93 AGENDA JTEM · FE9 Z 5 1997 RESOLUTION NO. 97- A RESOLUTION OF THE BOARD Of COUNTY COr.:MISS%ONERS PROVIDING FOR ASSESSMENT OF LIEN. FOR THE COST OF THE ABATEMENT OF PUBLIC ?UJISANCE0 IN ACCORDANCE WIT}{ ORDINt~CE 91-47, ~gEREAS. as provided in Ordinance 91-47. the direct costs of abatement of certain nuisances, including prescribed administrative cost incurred by the County, shall be assessed against such property; and ~EREAS0 the cost thereof to the County as to each parcel shall be calculated and reported to the Board of County Commissioners, together with a description of said parcel; and ',~!{EREAS, such assessment shall be a legal, valid and binding obliuatlon upon the property against which made until paid; and WHEREAS, the assessment shall become due and payable thirty (30) days after the mailing of Notice of Assessment after which interest shall accrue at a rate of twelve percent {~2.0%) per annum on any unpaid portion thereof. ::OW, THEREFORE, BE IT RESOLVED BY THE BOARD OF CO~TY CO~<5~ISSIONERS OF COLLIER CO~4TY0 FLORIDA, that the property described as follows, and having been abated of a public nuisance after due and proper notice thereof to the owner of said property, is hereby assessed the following costs of such abatement, to wit: NkM. E:. ~EGA DE CR! ION: Hayel Massoud Castilllito #31 Ave Principal De Castillito 31 Puerto Ordaz Venezuela Lot 1, Block 146, of Marco Beach $245.00 Unit FIVE, a Subdivision accordin~ to the Plat thereof, recorded in Plat Book 6, Page 39-46, of the Public Records of Collier County, Florida. REFERENCE: 60809-010 #57198200008 The Clerk of the Board shall mail a notice of assessment of lien to the owner or owners of the above described property, and if such owner fails to pay such assessment within thirty (30) days hereof, a certified copy of this Resolution shall be recorded in the official records of Collier County, to constitute a lien against such property according to law, unless such direction is stayed by this Board upon appeal of the assessment of the owner. This Resolution adopted after motion, second and majority vote. DATED: ATTEST: DWIGHT E. BROCK, CLERK BOARD OF CO~TY COMMISSIONERS COLLIER COUNTY, FLORIDA APPROVED AS TO FORM AVID WEIGEL COU~JTY ATTORNEY CSce 11 - 1/97 BY: TIMOTHY L. HA34COCK0 CHAIR~U%N AG£ND& ITEM. FEB 5 1997 p~. 3 EXECUTIVE SUMMARy LIEN RESOLUTION - CODE ENFORCEMENT CASE NO. 60819-020 RECORD OWNER PHILLIP PIERRE MATTHEW HENDRICK OBJECTIVE Board to accept report and adopt Resolution assessing a lien against the parcel in order to recover public funds expended to effect the abatement of a public nuisance at this locatSon, all as provided for in Ordinance 91-47, the Collier County Weed, Litter and Plant Control Ordinance. CONSIDERATION Case Summary: a. Violation determination b. Notice of Violation served c. Verification of unabated nuisance d. Nuisance abated with public funds e. Owner invoiced for costs FISCAL IMPACT Reimbursement of $245.00 action or foreclosure. 08/22/96 undeliverable 09/18/96 09/23/96 09/27/96 may be anticipated by voluntary GROWTH M3~AGEMENT IMPAC_____~T Not applicable. RECOM~4ERrDATIO_____~N That the Board of County Commissioners adopt the Resolution. PREPARED BY: SENIOR CUSTOMER SERVICE REPRESENTATIVE APPROVED BY: Vincent A. Cautero, Administrator Community Dev. & Environmental Svcs. DATE:~~ DATE: AGE T FEB Z 5 1997 pg. -'~ BOARD OF COUI~TY COMMISSIONERS COLLIER COLrNTY, FLORIDA LEGAL NOTICE OF ASSESSbIENT OF LIEN Phillip Pierre Matthew Hendrick 1747 55~h Terr SW Naples, FL 33999 REFERENCE 60819-020 #36384400002 I,EG..',.!, F17S77: [TI ~:1: DATE: Lot 13, Block 223, Golden Gate, Unit 6, Part 1, According to the plat thereof recorded in Plat Book 9, Page 2, of the Public Records of Collier County, Florida. '{cd, as the owne: ~f the property above described, as recorded in the r._-co:.!~ ma;r~tatr, od Ky the nffice of the Property Al,praiser, are hereby a .... s... t..at . _ Co~9.~ance Services Manager, d~ on 8/23/~6, ~rde~ the Prohibited accumulation of non-ptotectad movable vegetation ih excess of 18" in helgh= in a subdivision other than Golden Gate Estates. e:.:?~r, dl'u~.- : f : z::i:: f.:nds at a ~':ezt ?:st ~: $45.00 ~'~ ad:r, t:lst CCSt cf $200.00 f&r a total c f $245.00. Such COSts, toy Pesc!uticn of tho E:~rC :f .?cunt7 Ccr, r.:ss~or, ers Cf Ccli~er 'County, F!cr:~a, have ~een asses~e~ against the ako','e [,rc~erty on and shall become a i:en ~n the propert7 thirty {30~ da'/s after such assessment. ':'o~] r.a':' request a hear:ng before the Board of County Commissioners to ur. Cer this Ordinance are unwarranted or excessive or why such expenses u,,.d not constitute a lien against the property. Such request for hear:hq must be made to the Clerk cf the Board of County Cc, m~lsslcners, Government Center, Uaples, Florida 34112 In writing within thirty (30) days from the date of thls assessment to be valid. CLERK, BOAgD OF COUtlTY COb~MISSIOIIERS ~c-~ 9- ' /93 AG NDA I FEB 2, 5 1997 RESOLUT]O:~ NO. 97-. A RESOLUTION OF TIlE BOARD OF COb~.:TY COF.?.ISSIOtlERS PROVIDING FOR ASSESSMENT OF L~EN, FOR TIlE COST OF THE ABATEMENT OF PUBLIC ~UISA~CE, IN ACCORDANCE W~TH ORDINANCE 91-47. WI{EREAS. as provided in Ordinance 91-47, the direct costs of abatement of certain nuisances, including prescribed administrative cost incurred by the County, shall be assessed against such property; and ~<]{EREAS, the cost thereof to the County as to each parcel shall be calculated and reported to the Board of County Commissioners, together w~th a description of said parcel: and WHEREAS, such assessment shall be a legal, valid and binding obligation upon the property against which made until paid; and ~}{EREAS, the assessment shall become due and payable thirty {30) days after the mailing of Notice of Assessment after which interest shall accrue at a rate of twelve percent (12.0%) per annum on any unpaid portion thereof. :;~;, THErEFOrE, BE IT RESOLVED BY TIlE BOARD OF CO~TY CO:<MiSSIONERS OF COLLIER COUNTY, FLORIDA, that the property described as follows, and having been abated of a public nuisance after due and proper no%ice thereof to the owner of said property, is hereby assessed [he following costs of such abatement, to wit: ~ ~E AL D ~ t~' COST Phillip Pierre Matthew Hendrick 1747 55'~ Terr SW Naples, FL 33999 REFERENCE: 60819-020 #36384400002 Lot 13, Block 223, Golden Gate, $245.00 Unit 6, Part 1, According to the plat thereof recorded in Plat Book 9, Page 2, of the Public Records of Collier County, Florida. The Clerk of the Board shall mail a notice of assessment of lien to the owner or owners of the above described property, and if such owner falls to pay such assessment within thirty (30) days hereof, a certified copy of this Resolution shall be recorded in the official records of Collier County. to constitute a lien against such property according to law, unless such direction is stayed by this Board upon appeal of the assessment of the owner. This Resolution adopted after motion, second and majority vote. DATED: ATTEST: BOARD OF CO~;TY COMMISSIONERS DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA APPROVED AS TO FORM A3~D LEGAL SUFFICIENCY: ~L.~DAVID WEIGEL COLRNTY ATTORNEY CSce 11 - 1/96 BY: T~MOTIIY L. IIANCOCK, CHAIRMAN AGE A I FEB g 5 P~. ~ EXECUTIVE SUMMARY LIEN RESOLUTION - CODE ENFORCEMENT CASE NO. 60822-062 RECORD OWNER FRED C KRAMER SR EST OBJECTIVE Board to accept report and adopt Resolution assessing a lien against the parcel in order to recover public funds expended to effect the abatement of a public nuisance at this location, all as provided for in Ordinance 91-47, the Collier County Weed, Litter and Plant Control Ordinance. CONSIDERATION Case Summary: a. Violation determination b. Notice of Violation served c. Verification of unabated nuisance d. Nuisance abated with public funds e. Owner invoiced for costs FISCAL IMPACT 08/27/96 undeliverable 09/19/96 09/23/96 09/27/96 Reimbursement of $245.00 may be anticipated by voluntary action or foreclosure. GROWTH MANAGEMENT IMPACT Not applicable. RECOMi~ENDATION That the Board of County Commissioners adopt the Resolution. PREPARED BY: SENIOR CUSTOMER SERVICE REPRESENTATIVE APPROVED BY: Vincent A. Cautero, Aclministrator Comununity Dev. & Envirorunental Svcs. FEB 2 5 1997 BOARD OF COUNT! COt4MISSIONERS COLLIER COUNT!, FLORIDA LEGAL NOTICE OF ASSESSMENT OF LIEN Richard F Mc Cullough 255 Cocohatchee Dr Naples, FL 33942 DATE: REFERENCE 60529-077 177262280002 LIEN NUMBER: LEGAL DESCRIPTION: Lots 43, Block 2, Trail Acres, Unit No. 2, in accordance with &nd subject to the plat recorded in Plat Book 4, page 62, Publi~ Records of Collier County, Florida. You, as the owner of the property above descr;bed, as recorded in the records maintained by the office of the Property Appraiser, are hereby advised that the Compliance Services Manager, did on 5/29/96, order the abatement of a certain nuisance existing on the above property prohibited by Ordinance 91-47, serving notice thereof upon you, such nuisance being: Accumulation of prohibited exotics on unimproved land located within 200' of improved, subdivided property. Brazilian pepper hedges throughout property You failed to abate such nuisance; whereupon, it was abated by the expenditure of public funds at a direct cost of $525.00 and administrative cost of $200.00 for a total of $725.00. Such costs, by 9esolution of the Board of County Com~,issioners of Collier County, Florida, have been assessed against the above property on and shall become a lien on the property thirty (30) days after such assessment. You may request a hearing before the Board of County Commissioners to show cause, if any, why the expenses and charges incurred by the County under this Ordinance are unwarranted or excessive or why such expenses should not constitute a lien against the property. Such request for hearing must be made to the Clerk cf the Board of Countv ~¢r.=miSsloners, Government Center, Naples, Florida 34112 in writing within thlrt~ (30) days from the date of this assessment to be valid. CLERK, BOARD OF COUNTY COMMISSIONERS CSce 9- 1/93 No. ~/ FEB Z 5 1997 Pi. ~ RESOLUTION NO. 97- A RESOLUTION OF THE BOARD OF CO~TY COMMISSIONERS PROVIDING FOR ASSESSMENT OF L~EN. FOR TIiE COST OF THE ABATEMENT OF PUBLIC NUISANCE, IN ACCORD~4CE WITH ORDINANCE 9~-47. WHEREAS, as provided in Ordinance 91-47, the direct costs of abatement of certain nuisances, including prescribed administrative cost incurred by the County, shall be assessed against such property; and WHEREAS. the cost thereof to the County as to each parcel shall be calculated and reported to the Board of County Commissioners, together with a description of said parcel; and WHEREAS, such assessment shall L~ a legal, valid and binding ckligation upon the property against which made until paid; and W%iEREAS, the assessment shall become due and payable thirty [30) days after the mailing of Notice of Assessment after which interest shall accrue at a rate of twelve percent (12.0%) per annum on any unpaid portion thereof. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF CO~4TY COMMISSIONERS OF COLLIER CO~:TY, FLORIDA, that the property described as follows, and having been abated of a public nuisance after due and proper notice thereof to the owner of sa:d property, is hereby assessed the following costs of such abatement, to wit: Richard F Mc Cullough 255 Cocohatchee Dr Naples, FL 33942 REFERENCE: 60529-077 #77262280002 Lots 43, Block 2, Trail Acres, $725.00 Unit No. 2, in accordance with and subject to the plat recorded in Plat Book 4, page 62, Public Records of Collier County, Florida. The Clerk of the Board shall mail a notlce of assessment of lien to the owner or owners of the above descrlbed property, and if such owner fails to pay such assessment within thirty (301 days hereof, a certified copy of th~s Resolution shall be recorded in the official records of Collier County, to constitute a lien agalnst such property according to law, unless such direction is stayed by this Board upon appeal of the assessment of the owner. This Resolution adopted after motion, second and majority vote. DATED: ATTEST: DWIGHT E. BROCK, CLERF: BOARD OF COLR:TY COMMISSIONERS COLL:ER COUNTY. FLORIDA APPROVED AS TO FORM AND LEGAI~ SUFFICIENCY I ~COLR~T Y ATTOR,';EY CSce 11 - 1/97 BY: TIMOTli¥ L. I{A~COCK, C}IAIRMA/J LIEN RESOLUTION - CODE ENFORCEMENT CASE NO. 60223-087 RECORD OWNER - MAURICE C RIX Board to accept report and adopt Resolution assessing a lien against the parcel in order to recover public funds expended to effect the abatement of a public nuisance at this location, all as provided for in Ordinance 91-47, the Collier County Weed, Litter and Plant Control Ordinance. CONSIDERATION Case Summary: a. Violation determination b. Notice of Violation served c. Verification of unabated nuisance d. Nuisance abated with public funds e. Owner invoiced for costs FISCAL IMPACT 03/11/96 undeliverable 05/22/96 10/19/96 10/24/96 Reimbursement of $1,640.00 may be anticipated by voluntary action or foreclosure. GROWTH MANAGEMENT IMPACT Not applicable. RECOMMENDATION That the Board of County Commissioners adopt the Resolution. PREPARED BY: SENIOR CUSTOMER SERVICE REPRESENTATIVE APPROVED BY: Vincent A. Cautero, Administrator Conm%unity Dev. & Environmental Svcs. FEB g 5 199 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTT, FLORIDA L~GAL NOTICE OF ASSES~14~NT OF LIEN Maurice C Rix DATE: 3652 Seagrape Ave Naples, FL 33942 REFERENCE 60223-087 ~62203520008 LIEN NUMBER: LEGAL DESCRIPTION: Lot 16, Block 5, NAPLES MANOR EXTENSION, according to the plet thereof, recorded in Plat Book 3, Page 101 in the Public Records of Collier County, Florida. You, as the owner of the property above described, as recorded in the records ma~nta~r.e~ ~y the off:ce of the Property Appraiser, are hereby advised that the Compliance Services Manager, did cn 3/12/96, order the abatement cf a certain nuisance e×zsting on the above property prch~bited by Ordinance 91-47, servlng not~ce thereof upon you, such nulsance being: Accumulation of prohibited exotics on unimproved lend loc&ted within 200' of improved, subdivided property. Brazilian pepper hedges You fa~ie~ to abate such nulsance; whereupon, ~t was abated by the expenditure cf ~ubllc funds at a direct cost of $1,440.00 and admln~tratlve cost of $200.00 ~or a total of $1,6&0.00. Such costs, by Peso]ut:on of the Board of Count7 Ccm~mlssloners of Collier County, ~!or[da, have been assessed against tke above property on and shall become a lien on the ~roperty thirty 130) days after such assessment. You may request a hearing befcre the Board cf County Ccm~zssioners to show cause, zf any, why the ex~enses and charges ]~curred by the County under th~s Ordinance are unwarranted or excessive or why such expenses should not constitute a lien against the property. Such request for hearing must be made to the Clerk of the Board of Ccur, ty Commissioners, Government Center, Naples, Flor:da 34112 in writing within thirty (30) days from the date of th:s a~sessment to be valid. CLERK, BOARD OF COUNTY COMMISSIONERS CSce 9- 1/93 1'4o. u~/ WT' FEB 5 1997 RESOLUTION NO. 97- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS PROVIDING FOR ASSESSMENT OF LIEN, FOR THE COST OF THE ABATEMENT OF Pb-BLIC NUZS~NCE. IN ACCORDanCE WITH ORDINanCE 91-47. WHEREAS, as provided in Ordinance 91-47, the direct costs of abatement of certain nuisances, including prescribed administrative cost incurred by the County, shall be assessed against such property; and WHEREAS, the cost thereof to the County as to each parcel shall be calculated and reported to the Board of County Commissioners, together with a description of said parcel; and WHEREAS, such assessment shall be a legal, valid and binding obligatzcn upon the property against which made until paid; and WHEREAS, the assessment shall become due and payable thirty (30) days after the mailing of Notice of Assessment after which interest shall accrue at a rate of twelve percent (12.0%) per annum on any unpaid portion thereof. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER CO~4TY, FLORIDA, that the property described as follows, and having been abated of a public nuisance after due and proper notice thereof to the owner of said property, is hereby assessed the following costs of such abatement, to wit: NA}fE: EGAL D CR P ION. COST Maurics C Rix Lot 16, Block 5, NAPLES MANOR $1640.00 3652 Seagrape Ave EXTENSION, according to the plat Naples, FL 33942 thereof, recorded in Plat Book 3, Page 101 fn the Public Records of Collier County, Florid&. 60223-087 #62203520008 The Clerk of the Board shall mail a notice of assessment of lien to the owner or owners of the above described property, and if such owner fails to pay such assessment within thirty 130) days hereof, a certified copy of this Resolution shall be recorded in the official records of Collier County, to constitute a lien against such property according to law, unless such d~rection is stayed by this Board upon appeal of the assessment of the owner. This Resolution adopted after motion, second and majority vote. DATED: ATTEST: DWIGHT E. BROCK, CLERK BOARD OF CO~4TY COMMISSIONERS COLLIER COUNTY, FLORIDA APPROVED AS TO FORM ANI) LEGAL. SUFFICIENCY: iL- DAVID WEIGEL COUNTY ATTORNEY CSce 11 - 1/97 BY: TIMOTHY L. HANCOCK, CHAIRMAN .0. FEB 2 5 1997 PB. ~ LIEN RESOLUTION - CODE ENFORCEMENT CASE NO. 60326-005 RECORD OWNER - THE NEW YORK TIMES CO Board to accept report and adopt Resolution assessing a lien against the parcel in order to recover public funds expended to effect the abatement of a public nuisance at this location, all as provided for in Ordinance 91-47, the Collier County Weed, Litter and Plant Control Ordinance. ~ONSIDERATION Case Summary: a. Violation determination b. Notice of Violation served c. Verification of unabated nuisance d. Nuisance abated with public funds e. Owner invoiced for costs 09/16/96 10/03/96 10/31/96 11/19/96 11/26/96 FISCAL IMPACT Reimbursement of $650.00 may be anticipated by voluntary action or foreclosure. GROWTH MANAGEMENT IMPACT Not applicable. ~ECOMMENDATION That the Board of County Commissioners adopt the Resolution. PREPARED BY: SENIOR CUSTOMER SERVICE REPRESENTATIVE APPROVED BY: Vincent A. Cautero, Administrator Community Dev. & Environmental Svcs. DATE DATE: BOARD OF COUNT! CO~D~ISSIONERS COLLIER COUNTT, FLORIDA ~EGAL NOTICE OF ASSESSMENT OF LIEN The New Tork Times Co DATE: % Herbert Valentine 229 W 43rd ST New Tork, N~ 10036 ~FERENCE 60326-005 ~36316240007 LIEN NUMBER: LEGAL DESCRIPTION: Commencing at the centerline intersection of Golden Gate Parkway and Coronado Parkway as shown on the Plat of Golden recorded in Plat Book 5 at Pages 123-124 inclusive, of the Public Records of Collier County, Florida; thence &long the centerline Coronado Parkway, N38° 54' 39" W 90.0 feet; thence S 51° 05' 21" W 53 0 feet to the Southwesterly line of said Coronado Parkway: thence 39.27 feet along the arc of a circular curve, concave to the Northwest, radius 25.0 feet, chord bearing S 6° 05' 21" W 35.36 feet to the Northwesterly line of said Golden Gate Parkway; thence along the Northwesterly line of Golden Gate Parkway, S 51° 05' 21" W 250.0 feet for a PLACE OF BEGINNING: thence continuing S 51° 05' 21" W 110.0 feet; thence N 38~ 54' 39" W 275.0 feet: thence N 51° 05" 21" E 110.0 feet: thence S 38° 54' 39" E 275.0 feet to the place of beginning, being a part of Block 200 of said Golden Gate, Unit 6. You, as the owner of the property above described, as recorded in the reccrds maintained by the office of the Property Appraiser, are hereby aduised that the Ccmsllance Services Manager, did on 9/25/96, order the abatement of a certain nuisance existing on the above property prohibited by Ordinance 9i-47, serving notice thereof upon you, such nuisance being: Prohibited dumping, accumulation, storage or burial of litter, waste or abandoned property. You felled to abate such nuisance; whereupon, it was aba%ed by the ex~endlture of public funds at a direct cost of $450.00 and admlnlstrative cost of $200.00 for a total of $650.00. Such costs, by Resolution of the Board of County Commissioners of Collier County, Florida, have been assessed against the above property on amd shall become a lien on the property th;try (30) days after such as~essmemt. You may request a hearing ~efore the Bc~rd of County Com.~issioners show cause, if any, why the expenses and charges lncurreO by the County under this Ordinance are unwarranted or excessive or why such expenses should not ccnstltute a lief. agalnst the ~rcperty. Such request for hearlng must be made to the Clerk cf the ~card of County Co~.issicners, Gcvernmert Center, Narles, Flor:da 34112 · ~. ~ from the cate cf :' ~s a~sessre:.% tc be valid. CL£PM, ROARS OF COUNTY C ">~!SSiONERS CSce 9- 1/93 FEB 5 19 7 RESOLUTION NO. 97- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS PROVIDING FOR ASSESSMENT OF LIEN. FOR THE COST OF THE ABATEMENT OF PUBLIC N~IS~CE, IN ACCORDANCE WITH ORDINANCE 91-47. WHEREAS, as provided in Ordinance 91-47, the direct costs of abatement of certain nuisances, including prescribed administrative cost incurred by the County. shall be assessed against such property; and WHEREAS, the cost thereof to the County as to each parcel shall be calculated and reported to the Board of County Commissioners, together with a description o[ said parcel; and WHEREAS, such assessment shall be a legal, valid and bindin9 obligation upon the property against which made until paid; and WHEREAS, the assessmunt shall become due and payab.e thirty (30) days after the mailing of Notice of Assessment after which interest shall accrue at a rate of twelve percent (12.0%) per annum on any unpaid portion thereof. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF CO~T¥ COMMISSIONERS OF COLLIER CO~:TY, FLORIDA, that the property described as follows, and having been abated of a public nuisance after due and pr$~er nc~ce thereof to the owner of said property, is hereby assessed the following costs of such abatement, to wit: NkME: E AL ES P ' The New York Times Co Commencing at the centerline $650.00 % ~erbert Valentine intersection of Golden Gate Parkway 229 W 43r~ St and Coronado Parkway as sho~n on the New York, NY 10036 Plat of Golden Gate, Unit 6 ·s recorded in Plat Book 5 at Pages 123-124 ~nclusive, of the Public Records of Collier County, Florida: thence along the centerlina of Coronado Parkway, N38~ 54' 39" W 90.0 feet: thence S 05' 21" W 53.0 feet to the Southwesterly line of said Coronado Parkway; thence 39.27 feet along the arc of · circular curve, concave to the Northwest, radius 25.0 feet, chord bearing S 6~ 05' 21" W 35.36 feet to the Northwesterly line of said Golden Gate Parkway: thence ·long the Northwesterly line of Golden Gate Parkway, S 51~ 05' ~1" W ~50.0 feet for a PLACE OF BEGINNING: thence continuing S 51' 05' ~1'° W 1~0.0 feet; thence N 38~ 54' 39" W 275.0 feat; thence N 51' 05" ~1" E 110.0 thence S 38~ 54' 39" E 275.0 feet to the plsce of beginning, being · part of Block 200 of said Golden Gate, Unit 6, REFERENC_~E: 60326-005 #36316240007 The Clerk of the Board shall mail a notice of assessment of lien to the owner or owners of the above described property, and if such owner fails to pay such assessment within thirty (30} days hereof, a certified copy of this Resolution shall be recorded in the official records of Collier County, to constitute a lien against such property according to law, unless such direction is stayed by this Board upon appeal of the assessment of ~he owner. No./~ FEB 2 5 1997 This Resolution adopted after motion, second and majority vote. DATED: ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA APPROVED AS TO FORM A24D LEGAL SUFFICIENCY: ._.DAVID WEIGEL COUTNTY ATTORNEY BY: TIMOTHY L. HANCOCK, CHAIR~%A/g CSce 11 - 1/97 AGENDAITEM No. FEB 2, 5 199/' ~EX~CUTIVE SUM~Y LIEN RESOLUTION - CODE ENFORCEMENT CASE NO. 60502-052 RECORD OWNER - DONALD M THOMPSON OBJECTIVE Board to accept report and adopt Resolution assessing a lien against the parcel in order to recover public funds expended to effect the abatement of a public nuisance at this location, all as provided for in Ordinance 91-47, the Collier County Weed, Litter and Plant Control Ordinance. ~ONSIDERATION Case Summary: a. Violation determination b. Notice of Violation served c. Verification of unabated nuisance d. Nuisance abated with public funds e. Owner invoiced for costs ~ISCAL IMPACT 05/01/96 05/08/96 09/27/96 10/29/96 1~/01/96 Reimbursement of $1,000.00 may be anticipated by voluntary action or foreclosure. GROWTH MANAGEMENT IMPACT Not applicable. RECOMMENDATION That the Board of County Commissioners adopt the Resolution. PREPARED BY: irgini/ Pack SENIOR-CUSTOMER SERVICE REPRESENTATIVE Vincent A. Cautero, Administrator Community Dev. & Environmental Svcs. DATE: BOARD OF CO~TY COM)(ISSION~RS COLLIER COUNT~, r~ORIDA L~GAL NOTICE OF ASSESSMENT OF LIEN Donald N Thompson DATE: 3844 Cactus ST Ashland, KY 41101 R~FERENCE 60502-052 W62258640001 LIEN NUMBER: LEGAL DESCRIPTION: Lot 9, Block 10, NAPLES M~NOR LAKES, according to the plat thereof recorded in Plat Book 3, Pages 86 and 87, Public Records of Collier County, Florida. S~BJi~CT to restrictions, reservations and easements of record. You, as Lt,e owner Of the property aL.~ve described, as recorded in the records rr, a~nta:~ed by the off~ce of the P~ope:ty Ap[raiser, are hereby aCv:se~ t~at ~he Com~1~ance Services Manager, d~d on 5/2/96, order the a~atemen~ of a certain nuisance existing on the above proper~y prohibited by Ordinance 9~-47, serving notice thereof upon you, such nuisance being: Prohibited accumulation of non-protected mowable vegetation in excess of 18" in height in a subdivision other than Golden Gate Estates. Prohibited dumping, accumulation, storage or burial of litter, waste or abandoned property. YOU fa~!ed tc abate such nuisance; whereupon, it was abated by the e×~end[ture cf ~b][u funds at a d~rert corot of $800.00 and a~mlnl$trative cost of $200.00 for a total of $1000.00. Such costs, by 9ese!ut[on of the Eoard of County Com~isslcners of Colller County, ~lortda, have been assessed a~a~nst the above property on aRd shall become a lien on the property thirty (30; days after such assessment. You may request a hearing before the Board of County Commissioners to show cause, if a~%', why the exF. enses and charges incurred by the County under this Ordinance are unwarranted or excessive or why such expenses should not constitute a i:en aga;nst the property. Such request for hear~L9 r ~nt be made [ . the Clerk of the Bo~zd of County Commissioners, Government Center, Haples, ~]orida 34112 in writing within thirty days from the date of this assessment to be valid. CLE~F, BOARD 0~ COUNTY COMMISSIONERS CSce 9- 1/93 RESOLUTION NO. 97-___..____.__. A RESOLUTION OF THE BOARD OF COUNTY COMMISSXONERS PROVIDING FOR ASSESSMENT OF LIEN, FOR THE COST OF THE ABATEMENT OF PUBLIC NUISANCE, IN ACCORDANCE WITH ORDINANCE 91-47. WNEREAS, as provided in Ordinance 91-47, the direct costs of abatement of certain nuisances, including prescribed administrative cost incurred by the County, shall be assessed against such property; and WHEREAS, the cost thereof to the County ss to each parcel shall be calculated and reported to the Board of County Commissioners, together with a description of said parcel; and WHEREAS, such assessment shall be a legal, valid and binding obligation upon the property against which made until paid; and WHEREAS, the assessment shall become due and payable thirty days after the mailing of Notice of Assessment after which interest shall accrue at a rate of twelve percent {12.0%) per annum on any unpaid portion thereof. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNT%' COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the property described as follows, and having been abated of a public nuisance after due and proper notice thereof to the owner of said property, is hereby assessed the following costs of such abatement, to wit: Donald M Thompson 3844 Cactus St Ashland, KY 41101 60502-052 #62258640001 Lot 9, Block 10, NAPLES MA.NOR $1,000.00 LAKES, according to the plat thereof recorded in Plat Book 3, Pagee 86 and 87, Public Records of Collier County, Florida. SUBJECT to restrictions, reservations and easements of record. The Clerk of the Board shall mail a notice of assessment of lien to the owner or owners of the above described property, and if such owner fails to pay such assessment within thirty (30) days hereof, a certified copy of this Resolution shall be recorded in the official records of Collier County, to constitute a lien against such property according to law, unless such direction is stayed by this Board upon appeal of the assessment of the owner. This Resolution adopted after motion second and majority vote. DATED: ' ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMM?SSIOFERS COLLIER CO~4TY, FLORIDA APPROVED AS TO FORM AND LEGAL S;FFICIENCY: COUN"Fy ATTORNEY CSce 11 - 1/97 BY: TIMOTHY L. HANCOCK, CHAIRMAN AGE D T~"~'~-~-~ FEB 2 5 1997 LIEN RESOLUTION CODE E1FFORCEM]~gT CASE NO. 60'515-007 RECORD OW1FER R K REALTY OF FL INC Board to accept report and adopt Resolution assessing a lien against the parcel in order to recover public funds expended to effect the abatement of a public nuisance at this location, all as provided for in Ordinance 91-47, the Collier County Weed, Litter and Plant Control Ordinance. CONSIDERATION Case Summary: a. Violation determination b. Notice of Violation served c. Verification of unabated nuisance d. Nuisance abated with public funds e. Owner invoiced for costs 05/14196 undeliverable 10/7/96 10/24/96 10/31/96 FISCAL IMPACT Reimbursement of $1,860.00 may be anticipated by voluntary action or foreclosure. GROWTH MANAGEMENT IMPACT Not applicable. RECOM/~ENDATION That the Board of County Commissioners adopt the Resolution. PREPARED BY: s~V'~E~V~ICE REPRESENTATIVE APPROVED BY: Vincent A. Cautero, Administrator Community Dev. & Environmental Svcs. DATE: BOARD OF COUNTT COM}4ISSIONERS COLLIER COUNTY, FLORIDA LEGAL NOTICE OF A~SESSM~q~f OF LIEN R K Realty of FL Inc DATE: 45 West Ave Norwalk, CT 06856 REFERZNCE 60515-007 ~68345320005 LIEN NUMBER: LEGAL DESCRIPTION: Lots 137, Port-Au-Prince according to the Plat thereof recorded in Plst Book 13, Page 51 of the Public Records of Collier County, Florida. You, as the owner of the property above described, as recorded in the records malntalned by the office of the Property Appraiser, are hereby advised that the Compliance Services Manager, did on 5/15/96, order the abatement of a certain nuisance existing on the above property prohibited by Ordinance 91-47, serving notice thereof upon you, such nuisance being: Accumulation of prohibited exotics on unimproved land located within 200' of improved, subdivided property. Australian pine trees, Brazilian pepper hedges, and 4-5 large down trees. Ycu failed to abate such nuisance; whereupon, it was abated by the expenditure of public funds at a direct cost of $1660.00 and administrative cost of $200.00 for a total of $1860.00. Such costs, by Resolution of the Board of County Com~issioners of Collier County, Florida, have been assessed against the above proper~y on and shall become a lien on the prcperty thirty {30) days after such assessment. You may request a hearing before the Board of County Commissioners to show cause, if any, why the expenses and charges incurred by the County under this Ordinance are unwarranted or excessive or why such expenses should not constitute a lien against the property. Such request for hearing must be made to the Clerk of the Board of County Con%tnissioners, Government Center, Naples, Florida 34112 in writlng within thirty (30) days from the date of this assessment to be valid. CLERK, BOARD OF COUNTY COMMISSIONERS CSce 9- 1/93 AGE O I . FEB g 5 1997 RESOLUTION NO. 97- A RESOLUTTON OF THE BOARD OF COUNTY COMM~SSTONERS PROVIDING FOR ASSESSMENT OF LTEN, FOR THE COST OF THE ABATEMENT OF PUBLIC NUISANCE, TN ACCORD~4CE WITH ORDINanCE 9X-47. ~'~EREAS, as provided in Ordinance 91-47, the direct costs of abatement of certain nuisances, including prescribed administrative cost incurred by the County, shall be assessed against such property; and W~EREAS, the cost thereof to the County as to each parcel shall be calculated and reported to the Board of County Commissioners, together with a description of said parcel; and WHEREAS, such asse~s-.ent shall be a legal, valid and binding cbllg~' Lon upon the property against which made until paid: and WHEREAS. the assess~en~ sha]! become due and payable thirty (30) days after the mail~ng of Notice of Assessment after which interest shall accrue at a rate of twelve percent {12.0%] per annum on any unpaid portion thereof. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER CO~4TY, FLORIDA, that the property described as follows, and having been abated of a public nuisance after due and proper notice thereof to the owner of said property, is hereby assessed the following costs of such abatement, to wit: NAME: AL S RIP : R K Realty Of FL Inc Lots 137, Port-Au-Pr~nce 45 West Ave according to the Plat thereof Norwalk, CT 06856 recorded in Plat Book 13, Page 51 of the Public Records of Collier County, Florida. 60515-007 #68345320005 The Clerk of the Board shall mail a notice of assessment of lien to the owner or owners of the above described property, and if such owner fails to pay such assessment within thirty (30) days hereof, a cer=ified copy of this Resolution shall be recorded in the official records of Collier County, to constitute a lien against such property according to law, unless such direction is stayed by this Board upon appeal of the assessment of the owner. This Resolution adopted after motion, second and ma)ority vote. DATED: ATTEST: DWIGHT E. BROCK, CLERK BOARD OF CO~TY COMMISSIONERS COLLIER COUNTY, FLORIDA APPROVED AS TO FORM AND LEGAL SUFFICTENCY: DAVID WEIGEL COU~.~TY ATTORNEY CSce 11 - 1/97 BY: TIMOTHY L. HANCOCK, CHATRMA~ AGENDA ITEM., No. I~,,~P FEB 5 1997 XEC VE Y LIEN RESOLUTION - CODE ENFORCEMENT CASE NO. 60521-015 RECORD OWNER - ANTONIO L QUINTANA Board to accept report and adopt Resolution assessing a lien against the parcel in order to recover public funds expended to effect the abatement of a public nuisance at this location, all as provided for in Ordinance 91-47, the Collier County Weed, Litter and Plant Control Ordinance. CONSIDERATION Case Summary: a. Violatio~ determination b. Notice of Violation served c. Verification of unabated nuisance d. Nuisance abated with public funds e. Owner invoiced for costs FISCAL IMPACT Reimbursement of $798.00 action or foreclosure. 05/20/96 undeliverable 09/11/96 10/25/96 11/21/96 may be anticipated by voluntary GROWTH M~/qAGEM~NT ~MPACT Not applicable. RECOM)~ENDATION That the Board of County Commissioners adopt the Resolution. PREPARED BY: SENIOR CUSTOMER SERVICE REPRESENTATIVE APPROVED BY: Vincent A. Cautero, Administrator Conununity Dev. & Envirorumental Svcs. DATE: "o. .ami / FEB g 5 1997 · P~o -./"' BO~ OF COUNT! COHML~S~O~RS COLLIER COU~:~'?. FLOR~D~ LE~ NOT~CE OF ASS£SSH~NT OF LT~'H Antonio L Quintana Antonio M Quintane 911 N~4 1't St H£~m£, FL 33128 REFERENCE 60521-015 LEGAL DESCRIPTION: DATE: 162040840006 LIEN NUMBER: Lot 13, Block 2, NAPLES MANOR, UNIT NO. 1, according to the Plat thereof, recorded in Plat Book 3, Page 57, of the Publio Records of Collier County, Florida. You, as the owner of the property above described, as recorded in the records maintained by the office of the Property Appraiser, are hereby advised that the Compliance Services Manager, did on 5/21/96, order the abatement of a certain nuisance existing on the above property prohibited by Ordinance 91-47, serving notice thereof upon you, such nuisance being: Prohibited dumping, accumulation, Itorege or burial of litter, waste or abandoned property. You failed to akate such nuisance; whereupon, it was abated by the expenditure of pubilc fun~s at a direct cost of $598.00 and adm;nlstrati';e cost of $200.00 for a total of $798.00. Such costs, by Resc!utlcn cf the Bcard of Ccznty Ccmr~issicners of Collier County, Florida, have been assessed against the above Droperty on and shall become a lien on the Drcperty thirty (301 days after such assessment. You may request a hearing before the Board of County Commissioners to show cause, if any, why the expenses and charges incurred by the County under this Ordinance are unwarranted or excessive or why such expenses should not constitute a lien against the property. Such request for hearing must be made to the Clerk of the Board of County Commissioners, Government Center, Naples, Florida 34112 in writing within thirty {30) days from the date of this assessment to be valid. CLERK, BOARD OF COUNTY COMMISSIONERS CSce 9- 1/93 AGENDA ITEM,. .o. FEB 5 1997 Pg. RESOLUTION NO. 97- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS PROVIDING FOR ASSESSMENT OF LIEN, FOR THE COST OF THE ABATEMENT OF PUBLIC NUISANCE, IN ACCORD~4CE WITH ORDINANCE 91-47. WHEREAS, as provided in Ordinance 91-47, the direct costs of abatement of certain nuisances, including prescribed administrative cost incurred by the County, shall be assessed against such property; and W~EREAS, the cost thereof to the County as to each parcel shall be calculated and reported to the Board of County Commissioners, together with a description of said parcel; and ~HE~EAS, such assessment shall be a legal. .'a]id and binding obli~a:~$n upon the property against which made un~.l paid; and WT~EREAS, the assessment shall become due and payable thirty (30) days after the mailing of Notice of Assessment after which interest shall accrue at a rate of twelve percent (12.0%) per annum on any unpaid pcrtlon thereof. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the property described as follows, and having been abated of a public nuisance after due and proper notice thereof to the owner of said property, is hereby assessed the following costs of such abatement, to wit: NAME Antonio L Quintana Antonia M Quintana 911 N'W 1" St Miami, FL 33128 60521-015 #62040840006 E A ES RI ON' Lot 13, Block 2, NAPLES MANOR. UNIT NO. 1, according to the Plat thereof, recorded in Plat Book 3, Page 57, of the Public Recorda of Collier County, Florida. $798.00 The Clerk of the Board shall mail a notice of assessment of lien to the owner or owners of the above described property, and if such owner fails to pay such assessment w~th~n thirty {30] days hereof, a certified copy of this Resolution shall be recorded in the official records of Collier County, to constitute a lien against such property according to law, unless such d~rection ~s stayed by this Board upon appeal of the assessment of the owner. This Resolution adopted after mot/on, second and majority vote. DATED: ATTEST: DWIGHT E. BROCk, CLERK BOARD OF CO~TY COMMISSIONERS COLLIER CO~TY, FLORIDA APPROVED AS TO FORM AND LEGAL SUFFICIENCY: .'_~ DAVi D WEIGEL COb~TY ATTORNEY CSce 11 1/97 BY: TIMOTHY L. HANCOCK, CHAIR~fAN AC,£NDt, ITE. I~,. I FEB Z ,5 lc3cJ7 P~. ~ EXECUTIVE LIEN RESOLUTION - CODE ENFORCEMENT CASE NO. 60617-036 RECORD OWNER - CHARLES E DUQUET Board to accept report and adopt Resolution assessing a lien against the parcel in order to recover public funds expended to effect the abatement of a public nuisance at this location, all as provided for in Ordinance 91-47, the Collier County Weed, Litter and Plant Control Ordinance. CONSIDERATION Case Summary: a. Violation determination b. Notice of Violation served c. Verification of unabated nuisance d. Nuisance abated with public funds e. Owner invoiced for costs ~ISCAL IMPACT 06/20/96 undeliverable '09/18/96 09/20/96 10/04/96 Reimbursement of $245.00 may be anticipated by voluntary action or foreclosure. ~ROWTH MANAGEMENT IMPACT Not applicable. ~ECOMMENDATION That the Board of County Commissioners adopt the Resolution. PREPARED BY: SENIOR CUSTOMER SERVICE REPRESENTATIVE Vincent A. Cautero, Administrator Community Dev. & Envirorunental Svcs. DATE:~ /~' /997 AGE I~ FEB 5 1997 P~. _~- BOARD OF COUNTY COMMISSIONERS COLLIER COUNT!, FLORIDA LEGAL NOTICE OF ASSESSM~qT OF LIEN Charles E Duquet DATE: 20310 Louise Livonia, MI 48152 REFERENCE 60617-036 %57191440001 LIEN NUMBER: LEGAL DESCRIPTION: Lot 11 Block 88 of MARCO BEACB UNIT FIVE, · subdivision according to the Plat thereof, recorded in Plat Book 6, Pages 39-46 of the Publio Records of Collier County, Florid·. You, as the owner of the property above described, as recorded in the records maintained by the office of the Property Appraiser, are hereby advised that the Complzance Services Manager, did -n 6/24/96, o:der the abatement of a certain nuisance existing on the above property prohlbited by Ordinance 91-47, serving notice thereof upon you, such nuisance being: Prohibited accumulation of non-protected mowable vegetation in excess of 18" in height in a subdivision other than Golden Gate Estates. You faileJ to abate such nuisance: whereupon, it was abated by the expenditure of ~utl~c funds at a d~rezt cos% of $45.00 and adm&nistrative cost cf $200.O0 for a total of $245.00. Such costs, by Resolution of the Board cf County Ccr~,issloners of Collier County, Flor~a, have been assessed against the above property on and shall become a lien on the property thlrty {30) days after such assessment. You may request a hearing before the Board of County Com,~issloners to show cause, if any, why the expenses and charges incurred by the County under this Ordinance are unwarranted or excessive or why such expenses should not constitute a lien against the property. Such request for hearing must be made to the Clerk of the Board of County Com~,issioners, Government Center, Naples, Florida 34112 in writing within thlrty (30) days from the date of this assessment to te valid. CLERK, EOAPD OF COUNTY COMMISSIO~£PS CSce 9- 1/93 RESOLUTION NO. 97- A RESOLUTION OF TNE BOARD OF COUNTY COMMISSIONERS PROVIDING FOR ASSESSMENT OF LIEN, FOR THE COST OF THE ABATEMENT OF PUBLIC NUIS~4CE, IN ACCORDANCE WITH ORDINANCE 91-47. WHEREAS, as provided in Ordinance 91-47, the direct costs of abatement of certain nuisances, including prescribed administrative cost incurred by the County, shall be assessed against such property; and W/qEREAS, the cost thereof to the County as to each parcel shall be calculated and reported to the Board of County Commissioners, together with a description of said parcel; and W~EREAS, such assessment shall be a legal, valid and binding obligation upon the property against which made until paid: and WHEREAS, the assessment shall become due and payable thirty {30) days after the mailing of Notice of Assessment after which interest shall accrue at a rate of twelve percent {12.0%) per annum on any unpaid portion thereof. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF CO~TY CO~{!SSIONERS OF COLLIER COUI~TY, FLORIDA, that the property described as follows, and having been abated of a public nuisance after due and proper notice thereof to the owner of said property, is hereby assessed the following costs of such abatement, to wit: ~.A~..~ LEGAL DE$CRIPT~QN~ COST Charles E Duquet 20310 Louise Livonia, MI 48152 REFERENCE: 60617-036 #57191440001 Lot 11, Block 88 of MARCO BEACH $245.00 UNIT FIVE, · et~dlvision according to the Plat thereof, recorded in Plat Book 6, Ps~es 39-46 o~ the Public Records of Collier County, Florida, The Clerk of the Board shall mail a notice of assessment of lien to the owner or owners of the above described property, and if such owner fails to pay such assessment wi=bin thirty (30) days hereof, a certified copy of this Resolution shall be recorded in the official records of Collier County, to constitute a lien against such property according to law, unless such direction is stayed by this Board upon appeal of the assessment of the owner. This Resolution adopted after motion, second and majority vote. DATED: ATTEST: DWIGHT E. BROCK, CLERK BOARD OF CO~TY COMMISSIONERS COLLIER CO~ITY, FLORIDA APPROVED AS TO FORM A3~D LEGAL SUFFICIENCY: '~/_,.gA'.J I D WEIGEL CObg,:TY ATTORNEY CSce 11 - 1/96 BY: TIMOT}iY L. HA/:COCK, CHAIRF~J: AGENDA IT.Z.M, FEB 3 5 1997 XE Y LIEN RESOLUTION - CODE ENFORCEMENT CASE NO. 60619-021 RECORD OWNER - LLOYD G SHEEHAN TR Board to accept report and adopt Resolution assessing a lien against the parcel in order to recover public funds expended to effect the abatement of a public nuisance at this location, all as provided for in Ordinance 91-47, the Collier County Weed, Litter and Plant Control Ordinance. CONSIDERATION Case Summary: a. Violation determination b. Notice of Violation served c. Verification of unabated nuisance d. Nuisance abated with public funds e. Owner invoiced for costs FISCAL IMPACT 06/18/96 06/24/96 09/27/96 10/25/96 11/01/96 Reimbursement of $290.00 may be anticipated by voluntary ~r:ion or foreclosure. GROWTH MANAGEMENT ~MPACT Not applicable. RECOMMENDATION 7hat the Board of County Commissioners adopt the Resolution. PREPARED BY: Virginia Pack SENIO/~ CUSTOMER SERVICE REPRESENTATIVE APPROVED BY: Vincent A. Cautero, Administrator Ccmmunity Dev. & Environmental Svcs. AGE D Tc FF.B g § 1997 BOARD OF COUNT! CO~SSIONERS COLLIER COUNTT, FLORIDA LEGAL NOTICE OF ASSESSMENT OF LIEN Lloyd G Sheehan TR 5600 N Tamiami Tr STE 1 Naplem, FL 33963 DATE: REFERENCE 60619-021 %62099080008 LIEN NUMBER: LEGAL DESCRIPTION: Lots 9, ~nd 10 Block 10, NAPLES MANOR ADDITION, according to the Plat thereof recorded in Plat Book 3, Pages 67 and 68, of the Public Records of Collier County, Florida. You, as the owner of the property above deucribed, as recorded in the receros maintained by 'he office of the Property Appraiser, are hereby advised that the Compliance Services Manager, Jid on 6/19/96, order the abatement of a certain nuisance existing on the above property prohibited by Ordinance 91-47, serving notice thereof upon you, such nuisance being: Prohibited accumulation of non-protected mow~ble vegetation in excess of 18" in height in a subdivision other then Golden Gate Estates. You failed to abate such nuisance: whereupon, it was abated by the expenditure of public funds at a direct cost of $90.00 and administrative cost of $200.00 fcra total cf $290.00. Such costs, by Resglution of the Board of County Com.missioners of Collier County, Florida, have been assessed against the above property on and shall become a lien on the property thirty (30) days after such assessment. You may request a hearing before the Board of County Commissioners to show cause, if any, why the expenses and charges incurred by the County under this Ordinance are unwarranted or excessive or why such expenses should not constitute a lien against the property. Such request for hearing must be made to the Clerk of the Board of County Commissioners, Government Center, Naples, Florida 34112 in writing within thirty (30) days from the date of this assessment tc be valid. CLERK, BOARD OF COUNTY COMMISSIONERS CSce 9- 1/93 RESOLUTION NO. 97- A RESOLUTION OF TM£ BOARD OF COUNY~' COMMISSIONERS PROVIDING FOR ASSESSMENT OF LIEN, FOR T~£ COST OF THE ABATEMENT OF PUBLIC NUISANCE, IN ACCORD~C£ WITH ORDINANCE 91-47. W~4EREAS, aa provided in Ordinance 91-47, the direct costs of abatement of certain nuisances, including prescribed administrative cost incurred by the County. shall be assessed against such property; and W]qEREAS, the cost thereof to the County aa to each parcel shall be calculated and reported to the Board of County Commissioners, together with a description of said parcel; and ~EREAS, such assessment shall be a legal, valid and binding obligation upon the property against which made until paid; and WHEREAS, the assessment shall become due and payable thi:ty days after the mailing of Notice of Assessment after which interest shall accrue at a rate of twelve percent (12.0%) per annum on any unpaid portion thereof. NOW, TNEREFORE, BE IT RESOLVED BY TNE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that ~he property described as follows, and having been abated of a public nuisance after due and proper notice thereof to the owner of said property, is hereby assessed the following costs of such abatement, to wit: Lloyd G Sheehan TR 5600 N T~miami Tr STE 1 Naples, FL 33963 60619-021 #62099080008 Lots 9, and 10 Block 10, $290.00 NAPLES MA~OR ADDITION, according to the Plat thereof recorded in Plat Book 3, Pages 67 and 68, ol the Public Records of Collier County, Florida'. The Clerk of the Board shall mail a notice of assessment of lien to the owner or owners of the above described property, and if such owner fails to pay such assessment within thirty (30] days hereof, a certified copy of this Resolution shall be recorded in the official records of Collier County, to constitute a lien against such property according to law, unless such direction is stayed by this Board upon appeal of the assessment of the owner. This Resolution adopted after motion, second and majority vote. DATED: ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA APPROVED AS TO FORM AND LEGAL SUFFICIENCY: . ,3'JDAV I D WEIGEL COUNTY ATTORNEY CSce 11 - 1/97 BY: TIMOTHY L. HANCOCK, CHAIR. MAN FEB 2 5 1997 LIEN RESOLUTION - CODE ENFORCEMENT CASE NO. 60621-029 RECORD OWNER - CLAUDE E SCHOLLAERT Board to accept report and adopt Resolution assessing a lien against the parcel in order to recover public funds expended to effect the abatement of a public nuisance at this location, all as provided for in Ordinance 91-47, the Collier County Weed, Litter and Plant Control Ordinance. CONSIDERATION Case Summary: a. Violati~h determination b. Notice of Violation served c. Verification of unabated nuisance d. Nuisance abated with public funds e. Owner invoiced for costs ~ISCAL IMPACT Reimbursement of $245.00 may be anticipated by voluntary action or foreclosure. 06/14/96 undeliverable 09/18/96 09/20/96 10/04/96 ~ROWTH MANAGEMENT IMPACT Not applicable. RECOMMENDATION That the Board of County Commissioners adopt the Resolution. PREPARED BY: Virgt~a Pack SENIOR CUSTOMER SERVICE REPRESENTATIVE APPROVED BY: Vincent A. Cautero, Administrator Community Dev. & Environmental Svcs. ~ATE: ~../3- / O? / - DATE: .... A'~EtJ D FEB 2 5 1997 BOARD OF COU~T! CONN2~SSZONEI~ COLL;ER CO~T'i'2, ~LORZDA LEGAL NOTICE OF ~SES~ OF LI~ Claude E Scholl~er~ DATE: 2124 ~ort Rd So STE 201E Naples, ~ 33962 REFERENCE 60621-029 ~57208200009 LIEN NUMBER: LEGAL DESCRIPTION: Lot 25, Block 167, M~RCO BEACH UNIT S, m su~division according to the plat thereof as recorded in Plat Book 6, pages 39-46, of the Public Records of Collier County, Florida. You, as the owner of the property above described, as recorded in the records maintained by the office of tL~. Property Appraiser, are hereby advised that the Compliance Services Manager, did on 6/21/96, order the abatement of a certain nuisance existing on the above property prohibited by Ordinance 91-47, serving notice thereof upon you, such nuisance being: Prohibited accumulation of non-protected mowabla vegetation An excess of 18" in height in a subdivision other than Golden Gate Estates. You failed to abate such nuisance; whereupon, it was abated by the expenditure of public funds at a direct cost of $45.00 and administrative cost of $200.00 fsr a total of $245.00. Such costs, by 9esolution of the Board of County Commissioners of Collier County, Florida, have been assessed against the above property on and shall become a lien on the property thirty (30~ days after such assessment. You may request a hearing before the Board of County Com.Tissloners to show cause, if any, why the expenses and charges incurred by the County under this Ordinance are unwarranted or excessive or why such expenses should not constitute a lien against the property. Such request for hearing must be made to the Clerk of the Board of County Commissioners, Government Center, Naples, Florida 34112 in writing within thirty days from the date of th:s assessment to be valid. CLEPF, BOARD CF COUNTY COMMISSIONEgS CSce 9- 1/93 AGENDA ITEM. ,,,. FEB 5 "1997 p~. RESOLUTION NO. 97- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS PROVIDING FOR ASSESSMENT OF LI£N, FOR THE COST OF THE ABATEMENT OF PUBLIC N~JISANCE, IN ACCORDANCE WITH ORDIN~4CE 91-47. W~EREAS, as provided in Ordinance 91-47, the direct costs of abatement of certain nuisances, including prescribed administrative cost incurred by the County, shall be assessed against such property; and WHEREAS, the cost thereof to the County as to each parcel shall be calculated and reported to the Board of County Commissioners, together with a description of said parcel; and ~ER£AS, such assessment shall be a legal, valid and binding obligation upon the property against which made until paid; ·nd 6~EKEAS0 the assessmen: shall become due and payable thirty days after the mailing of Notice of Assessment after which interest shall accrue at a rate of twelve percent (12.0%] per annum on any unpaid portion thereof. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF CObT~TY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the property described as follows, and having been abated of a public nuisance after due and proper notice thereof to the owner of said property, is hereby assessed the following costs of such abatement, to wit: Claude E Schollaert 2124 Airport Rd So STE 201 E Naples, F1 33962 60621-029 #57208200008 LEGAL DESCRIPTION{ COST Lot 25, Block 167, MARCO BEACH $245.00 UNIT 5, · subdivision according ~o the plat thereof as recorded in Plat Book 6, pages 39-46, of the Public Records of Collier County, Florid·. The Clerk of the Board shall mail a notice of assessment of lien to the owner or owners of the above described property, and if such owner fails to pay such assessment within thirty {30) days hereof, · certified copy of this Resolution shall be recorded in the official records of Collier County, to constitute · lien against such property according to law, unless such direction is stayed by this Board upon appeal of the assessment of the owner. This Resolution adopted after motion, second and majority vote. DATED: ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER CO~4TY, FLORIDA APPROVED AS TO FORM ;%ND LEGAL SUFFICIENCY: ~kVIS WEIGEL CObT:T Y ATTORNEY CSce 11 - 1/96 BY: TIMOTHY L HANCOCK, CHAIRMA~ AGENDA LTEU- FEB 2, 5 1997 p~. ,,~ XE LIEN RESOLUTION - CODE ENFORCEMENT CASE NO. 60626-055 RECORD OWNER - E SCOTT HERRING AND DEBORAH L HERRING Board to accept report and adopt Resolution assessing a lien against the parcel in order to recover public funds expended to effect the abatement of a public nuisance at this location, all as provided for in Ordinance 91-47, the Collier County Weed, Litter and Plant Control Ordinance. CONSIDERATION Case Summary: a. Violation determination b. Notice of Violation served c. Verification of unabated nuisance d. Nuisance abated with public funds eo Owner invoiced for costs 06/24/96 undeliverable 09/24/96 09/25/96 0/10/96 FISCAL IMPACT Reimbursement of $245.00 may be anticipated by voluntary action or foreclosure. GROWTH__~A~EMENT IMPACT Not applicable. RECOMMENDATION That the Board of County Commissioners adopt the Resolution. PREPARED BY: Virginia Pack SENIOR CUSTOMER SERVICE REPRESENTATIVE APPROVED BY: Vincent A. Cautero, Administrator Community Dev. & Environmental Svcs. DATE: FEB 2 5 1997 PI. ~ BOARD OF COUNTT CO~qISSIONERS COLLIER COUNTY. FLORIDA LEGAL NOTICE OF ASSESSMENT OF LIEN E Scott Barring & Deborah L Retting 506 Tudor Cir Alt&monte Spgs, FL 32701 DATE: REF~P. ENCE 60626-055 #57192560003 LIEN NUMBER: LEGAL DESCRIPTION: LOT 1, BLOCK 136, MARCO BEACR, UNIT FIVE, · Su~division ·ccording to the Plat thereof, recorded in Pl·t Book 6, P·ge 39-46, of the Public Records of Collier County, Florida. You, -. ine owner of the property above described, as recorded in the recc:~ maintained by the office of %he Property A~pra~ser, are here~ advised that the Comp/lance Services Manager, did on 6/27/96, order the abatement cf a certain nuisance existing on the above property prohibited by Ordinance 91-47, serving notice thereof upon you, such nuisance being: Prohibited accumulation of non-protected mowable veget·tion in excess of 18" in height in a subdivision other than Golden G·te Estates. You falle~ to abate such nuisance.; whereupon, it was abated by the expenditure ~f pub!~c funds at ~ d~rect cost of $45.00 and adm:nistrative cost of $200.00 for a total of $245.00. Such costs, by Resolution of the Board cf County Cot.missioners of Collier'Ccunty, Flor:da, have been assessed against tP~e ahcue property on and shall become a lien on the property thirty (30) days after such assessment. You may request a hearlng before the Board of County Commissioners to show cause, if any, why the expenses and charges incurred by the County under this Ordinance are unwarranted or excessive or why such exp~ .see should not constitute a lien against the property. Such request for hearing mu~t be made to the C]erk of the Board of County Commissioners, Government Center, Nap]es, E2or~da 34112 in writing w~thin thirty (30) days from the date of this assessment to be valid. CL£PM, BOARD OF COUI;TY COHMISSIONERS CSce 9- 1/93 FEB 2, 5 1997 P~. ~ RESOLUTION NO. 97- A RESOLUTION OF TIdE BOARD OF COUNTY COMMISSIONERS PROVIDING FOR ASSESSMENT OF LIEN, FOR TW£ COST OF THE ABATEME~T OF PUBLIC NUISANCE, IN ACCORDANCE WIT}{ ORDINANCE 91-47. W~EREAS, as provided in Ordinance 91-47, the direct costs of abatement of certain nuisances, including prescribed administrative cost incurred by the County, shall be assessed against such property; and WHEREAS, the cost thereof to the County as to each parcel shall be calculated and reported to the Board of County Commissioners, together with a description of said parcel; and WHEREAS, such assessment shall be a legal, valid and binding obligation upon the property against which made until paid; and h"HEREAS, the assessment shall become due end payable thirty (30) days after the mailing of Not/ce of Assessment after which interest shall accrue at a rate of twelve percent (12.0%) per annum on any unpaid portion thereof. NOW, 77~ER£FORE, BE IT RESOLVED BY ~YiE BOARD OF COUITTY COM~ISSIONERS OF COLLIER COI]N~, FLORIDA, that the property described as follows, and having been abated of a public nuisance after due and proper notice thereof to the owner of said property, is hereby assessed the following costs of such abatement, to wit: E Scott Herring & LOT 1, BLOCK 136, MARCO BEAt'H, $245.00 Deborah L Herring UN'/T FIVe, m Subdivision according S06 Tudor Clr to the Plat thereof, recorded fn Plat Air-monte Spgs, FL 32701 Book 6, Page 39-46, of the P1/bl~c Records of Collier County, Florida. 60626-055 #57192560003 The Clerk of the Board shall mail a notice of assessment of lien to the owner or owners of the above described property, and if such owner fails to pay such assessment within thirty {30) days hereof, a certified copy of this Resolution shall be recorded in the official records of Collier County, to constitute a lien against such property according to law, unless such direction is stayed by this Board upon appeal of the assessment of the owner. This Resolution adopted after motion, second and majority vote. DATED: ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMIS$IONI~RS COLLIER COUNTY, FLORIDA APPROVED AS TO FORM AND LEGAL SUFFICIENCY: COL~ ATTORIFE¥ CSce 11 - 1/97 BY: TIMOTHY L. HARCOCK, CHAIRMAN FEB 2 5 1997 P~. 3 EXECUTIVE $1~Y LIEN RESOLUTION CODE ENFORCEMENT CASE NO. 60701-105 RECORD OWNER GEORGES VERBERT EST Board to accept report and adopt Resolution assessing a lien against the parcel in order to recover public funds expended to effect the abatement of a public nuisance at this location, all as provided for in Ordinance 91-47, the Collier County Weed, Litter and Plant Control Ordinance. CONSIDERATION Case Summary: a. Violation determination b. Notice of Violation served c. Verification of unabated nuisance d. Nuisance abated with public funds e. Owner invoiced for costs 0v/03/96 undeliverable 09/12/96 09/30/96 10/10/96 FISCAL IMPACT Reimbursement of $245.00 may be anticipated by voluntary action or foreclosure. GROWTH MANAGEMENT IMPACT NoG applicable. RECOMMENDATION That the Board of County Commissioners adopt the Resolution. PREPARED BY: ER SERVICE REPRESENTATIVE APPROVED BY: Vincent A. Cautero, Administrator Community Dev. & Environmental Svcs. BOARD OF COUNT! CO~MIS$IONERS COLLIER COUNT~, FLORIDA LEGJtL NOTICE OF ASSESSM~T OF LIEN DATE: Georges Verbert EST Thibautstraat 25 2100 Deurne Belgium R~FERENCE 60701-105 #59026200000 LIEN NUMBER: LEGAL DESCRIPTION: Lot 20, Block 789, of · REPLAT OF A PORTION OF M]t~CO BEACB ~NIT TWENTY-FIVE, according to the Plat the=eof, recorded in Plat Book 12, Pages 86 - 89, of the Public Records of Collier County Florida. You, as the owner of the ~roperty above described, as recorded in the records m~:ntalned Dy the office nf the Property Appraiser. are hereby advised that the Compllance Serv;ces Manager. did on 7/10/96, croat the abatement of a certain nuisance existing on the above property prohibited by Ordinance 91-47, serving notice thereof upon you, such nuisance being: Prohibited accumulation of non-protected mowable vegetation in excess of 18" in height in a subdivision other than Golden Gate Estates. You falled to abate such nuisance; whereupon, it was a~ated by the expenditure of public funds at a direct cost of $45.00 anO administrative cost of $200.00 for a total of $245.00. Such costs, by 9esolution of the Board of County Co~-issioners of Collier County, Florida, have been assessed against the above property on and shall become a lien on the property thlrty (30) days after such assessment. You may request a hearing before the Board of County Comm. lssioners to show cause, if any, why the expenses and charges incurred by the County under this Ordinance are unwarranted or excessive or why such expenses shculd not constitute a lien against the property. Such request for hearing must be made to the Clerk of the Board of County Com.~issloners, Government Center, Naples, F!o~ida 34112 in writing w~thin thirty {30) da~s from the date of this assessment to be va]id. CLERK, BOARD OF COUNTY COM~ISSIONE~S CSce 9- 1/93 .o. i ; FEB 2, 5 1997 PS. ~ RESOLUTION NO. 97-. A RESOLUTION OF THE BOARD OF cOUNTY COMMISSIONERS PROVIDING FOR ASSESSMENT OF LIENs FOR THE COST OF THE ABATEMENT OF pUBLIC NUISANCE, XN ACCORDanCE WITH ORDINANCE 91-47. WHEREAS, aa provided in Ordinance 91-47, the direct costs of abatement of certain nuisances, including prescribed administrative cost incurred by the County, shall be assessed against such property; and WHEREAS, the cost thereof to the County as to each parcel shall be calculated and reported to the Board of County Commissioners, together with a description of said parcel; and WHEREAS, such assessment shall be a legal, valid and binding obligation upon the property against which made until paid; and ~HEFEAS, the assessment shall become due and payable thirty (30) days after the mailing of Notice of Assessment after which interest shall accrue at a rate of twelve percent (12,0%] per annum on any unpaid portion thereof. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF CO~TY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the property described as follows, and having been abated of a public nuisance after due and proper notice thereof to the owner of said property, is hereby assessed the following costs of such abatement, to wit: Georgea Verbert EST Thibautltreat25 2100 Deurne Belgium 60701-105 #59026200000 LOt 20, Block 789, of a REPLAT OF $245.00 A PORTION OF KARCO BEACH UNIT TWENTY-FIVE, accordfng to tho Plat thereof, recorded in Plat Book 12, Pages 86 - 89, of the Public Records of Collier County Florida. The Clerk of the Board shall mail a notice of assessment of lien to the owner or owners of the above described property, and if such owner fails to pay such assessment within thirty (30) days hereof, a certified copy of this Resolution shall be recorded in the official records of Collier County, to constitute a lien against such property according to law, unless such direction is stayed by this Board upon appeal of tke assessment of the owner. This Resolution adopted after motion, second and majority vote. DATED: ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA APPROVED AS TO FORM D. LEGAL SUFFICIENCY: kt..DAVID WEIGEL CO~TY ATTORNEY CSce 11 - 1/96 BY :__ TIMOTHY L. HANCOCK, CHAIRMAN FEB g 5 1997 t LIEN RESOLUTION - CODE ENFORCEMENT CASE NO. 60718-017 RECORD OWNER - ROBERTO C ONOFRE Board to accept report and adopt Resolution assessing a lien against the parcel in order to recover public funds expended to effect the abatement of a public nuisance at this location, all as provided for in Ordinance 91-47, the Collier County Weed, Litter and Plant Control Ordinance. Case Summary: a. violati~h determination b. Notice of Violation served c. Verification of unabated nuisance d. Nuisance abated with public funds e. Owner invoiced for costs 07/16/96 undeliverable 11/06/96 11/11/96 11/21/96 ISCAL IMPACT Reimbursement of $1,100.00 may be anticipated by voluntary action or foreclosure. ROWTH MANAGEMENT IMPACT Not applicable. RECOMMENDATION That the Board of County Commissioners adopt the Resolution. PREPARED BY: SENIOR CUSTOMER SERVICE REPRESENTATIVE APPROVED BY: Vincent A. Cautero, Administrator Community Dev. & Envirorunental Svcs. DATE :. BOARD OF COUNTY COMMISSIONERS COLLIBR COUNTY, FLORIDA L~GAJ~ NOTICE OF ASSESSHENT OF LIEN Roberto C Onofre 2828 Holly Ave Naples, FL 33962 DATE: REFERENCE 60718-017 ~76210840000 LIEN NUMBER: LEGAL DESCRIPTION: Lots 27, Block 4, W. B. Surrency Subdivision, according to the Plat thereof, es recorded in Plat Book 1, Page 28, of the Public Records of Collier County, Florida. You, as the owner of the property above described, a~ recorded in the racer,s maintained by the office of the Property Appraiser, are hereby advised that the Complianse Services Manager, did on 7/18/96, order the abatement of a certain nuisance existing on the above property prohibited by Ordinance 91-47, serving notice thereof upon you, such nuisance being: Prohibited dumping, accumulation, storage or burial of littor, waste or &bandonad property. Accumulation of prohibited exotics on unimproved land located within 200' of improved, subdivided property. Brazilian pepper hedges and Australian pine trees You faile~ to abate such nulsanc~: whereupon, it was abated by the expenditure of public funds at a direct cost of $900.00 and administrative cost of $200.00 for a total of $1100.00. Such costs, by Resolution of the Eoard of County Cc~issioners of Collier County, Florida, have been assessed against the above property on and shall become a lien on the property thirty (30} days after such assessment. You may request a hearing before the Board of County Commissioners to show cause, if any, why the expenses and charges incurred by the County under this Ordinance are u:..~:'ranted or excessive or why such expenses should not constitute a lien against the property. Such request for hearing must be made to the Clerk of the Board of County Commissioners, Government Center, Naples, Florida 34112 in writing within thirty {30) days from the date of this assessment to be valid. CLERK, BOARD OF COUNTY COMMISSIONERS CSce 9- 1/93 FEB 5 1997 RESOLUTION NO. 97- A RESOLUTION OF THE BOARD OF CO~4T¥ COMMISSIONERS PROVIDING FOR ASSESSMENT OF LIEN, FOR THE COST OF THE ABATEMENT OF PUBLIC t~JISANCE, IN ACCORDANCE WITH ORDINanCE 91-47. WHEREAS, as provided in Ordinance 91-47, the direct costs of abatement of certain nuisances, including prescribed administrative cost incurred by the County, shall be assessed against such property; and WHEREAS, the cost thereof to the County as to each parcel shall be calculated and reported to the Board of County Commissioners, together with a description of said parcel; and WHEREAS, such asse~.::ment shall be a legal, valid and b~ndxng obligatxcn upon the property against which made until paid; and WHEREAS, the assessment shall become due and payable thirty (30) days after the mailing of Notice of Assessment after which interest shall accrue at a rate of twelve percent (12.0%) per annum on any unpaid portion thereof. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER CO~TY, FLORIDA, that the property described as follows, and having been abated of a public nuisance after due and proper notice thereof to the owner of said property, is hereby assessed the fol!owxng costs of such abatement, to wit: N~.ME: LEGAL DESCRIpTIoN; COST Roberto C Onofre 2828 Holly Ave Naples, FL 33962 Lots 27, Block 4, W. H. Surrency $1100.00 Subdivision, according to the Plat thereof, aa recorded in Plat Book 1, Page 28, of the Public Records of Collier County, Florida. REFERENCE: 60718-017 #76210840000 The Clerk of the Board shall mail a notice of assessment of lien to the owner or owners of the above described property, and if such owner fails to pay such assessment within thirty (30) days hereof, a certified copy of this Resolution shall be recorded in the official records of Collier County, to constitute a lien against such property according to law, unless such direction is stayed by this Board upon appeal of the assessment of the owner. This Resolution adopted after motion, second and majority vote. DATED: ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMM:SSIONER$ COLLIER COUNTY, FLORIDA APPROVED AS TO FORM DAVID WEIGEL CO'~TY ATTSR:;EY CSce !! - 1/97 BY: TIMOTHY L. Ilt.~iCOCK, CHAIRMA,N AGE D T FEB 2, 5 1@B7 . LIEN RESOLUTION - CODE ENFORCEMENT CASE NO. 60718-019 RECORD OWNER - MICHAEL R FREDRICKSON VIRGINIA FREDRICKSON Board to accept report and adopt Resolution assessing a lien against the parcel in order to recover public funds expended to effect the abatement of a public nuisance at this location, all as provided for in Ordinance 91-47, the Collier County Weed, Litter and Plant Control Ordinance. CONSIDERATION Case Summary: a. Violation determination b. Notice of Violation served c. Verification of unabated nuisance d. Nuisance abated with public funds e. Owner invoiced for costs 08/14/96 undeliverable 09/24/96 11/11/96 11/21/96 FISCAL IMPACT Reimbursement of $1,400.00 may be anticipated by voluntary action or foreclosure. GROWTH MANAGEMENT IMPACT Not applicable. RECOM~EENDATION That the Board of County Commissioners adopt the Resolution. PREPARED BY: APPROVED BY: Vincent A. Cautero, Administrator Community Dev. & EnviroD_mental Svcs. FEB g 5 '1997 BOARD OT COUNTT COMM~SSZONERS COLLIER COUNTI~, FLORIDA LEGAL NOTICE OF ASSZSSKZNT OF ~-IEN Michsel R Fzec~rickson Virginia Frsdrickson 3099 41'~ Tsrr SW Naples, FL 33999 DATE: REFERENCE 60718-019 #76210800008 L~EN NUMBER: LEGAL DESCRIPTION: The South ~ of Lots 25 and 26, Block 4, W.B. SURRENC~'S SUBDMSION, par plat in Plat Book 1, Page 28, Public Records of Collier County, Florida. You, as the owner of the property above described, as recorded in the records maintained by the office of the Property Appraiser, are hereby advised that the Compliance Services Manager, did on 8/16/96, order the abatement of a certain nuisance existing on the above property prohibited by Ordinance 91-47, serving notice thereof upon you, such nuisance being: Prohibited dumping, accumulation, storage or burial of litter, waste or abandoned property. Accumulation cf proh/bited exotics on unimproved land located within 200' of improved, subdivides property. Brazilian pepper hedges & Australian pine trees You failed to abate such nuisance; whereupon, it was abated ky the exsenditure of public funds at a d~rect cost of $1200.00 administrative cost of $200.00 for a total of $1400.00. Such cT!ts, Resolution of the Board cf County Ccm.T, is$1oners of Cciiier Florida, have been assessed against the above property cn and shall become a lien on the property thirty (30) days after suck assessment. You may request a hearing before the Board of County Ccm,~,lsslcners to show cause, if any, why the expenses and charges incurred by the County under this Ordinance are unwarranted or excessive or why such expenses should not constitute a lien against the property. Such reguest for hearing must be made to the Clerk of the Board of County Ccm.mlssioners, Government Center, Naples, Florida 34112 in writing within thirty days from the date cf this assessment to be va!~d. CLERM, BCA~2. O~ CCUNTY CGMMIS~iONEFS CSce 9- 1/93 ', FEB 25 1997 RESOLUTION NO. 97- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS PROVIDING FOR ASSESSMENT OF LIEN, FOR THE COST OF THE ABATEMENT OF PUBLIC NUISANCE. IN ACCORDANCE WITH ORDINANCE 91-47. WHEREAS, as provided in Ordinance 91-47, the direct costs of abatement of certain nuisances, including prescribed administrative cost incurred by the County, shall be assessed against such property; and ~EREAS. the cost thereof to the County as to each parcel shall be calculated and reported to the Board of County Commissioners. together with a description of said parcel; and W!q..E~EAS, such assessment shall be a legal, vali~ and binding okl;gat:or. .pon the property against which made unit' paid; and WHEREAS. the assessment shall ~ecome due and payable thirty days after the mailing of Notice of Assessment after which xnterest shall accrue at a rate of twelve percent (:2.0%) per annum on any unpaid portion thereof. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF CO~.'TY COMMISSIONERS OF COLLIER CO~TY, FLORIDA. that the property described as follows, and having been abated of a public nuisance after due and proper notice thereof ~o the owner of sa~d property, is hereby assessed the following costs of such abatement, to NAME____:. Michael R Fredrickson Virginia Fredrickson 3099 41'~ Terr SW Naples, FL 33999 60718-019 #76210500008 EGA D N · The South ~ of Lots 25 and 26, $1400.00 Block 4, W.M. SU]{RENCY'S SUBDIVISION, per plat in Plat Book 1, Page 28, Public Records of Collier County, Florida. The Clerk of the Board shall mail a notice of assessment of lien to the owner or owners of the above described property, and if such owner fails to pay such assessment within thirty {30) days hereof, a certified copy of this Resolu[ion shall be recorded in the official records of Collier County. to constitu[e a lien against such property according to law, unless such direction is stayed by this Board upon appeal of the assessment of the owner. This Resolution adopted after motion, second and majority vote. DATED: ATTEST: DWIGHT E. BROCK. CLERK BOARD OF COUNTY COMMISSIONRRS COLLIER COUNTY, FLORIDA APPROVED AS TO FORM AND/ LEGAL/UFFICI ENCY: ., D,~,.u WEIGEL C C'-'~J T Y ATTORNEY CSce 11 - 1/97 BY: TIMOTiI¥ L. HANCOCK, CHAIRMAN FEB 2 5 1997 P~. ~ E__X LIEN RESOLUTION - CODE ENFORCEMENT CASE NO. 60722-065 RECORD OWNER - ANTONIO MARULANDA & FLOR MARULANDA Board to accept report and adopt Resolution assessing a lien against the parcel in order to recover public funds expended to effect the abatement of a public nuisance at this location, all as provided for in Ordinance 91-47, the Collier County Weed, Litter and Plant Con%rol Ordinance. CONSIDERATION Case Summary: a. Violation determination b. Notice of Violation served c. Verification of unabated nuisance d. Nuisance abated with public funds e. Owner invoiced for costs 07/29/96 undeliverable 09/17/96 10/02/96 o/ o/96 FISCAL IMPACT Reimbursement of $245.00 may be anticipated by voluntary action or foreclosure. GROWTH MANAGEMENT IMPACT Not applicable. RECOMMENDATION That the Board of County Commissioners adopt the Resolution. PREPARED BY: V i r~k SENIOR CUSTOMER SERVICE REPRESENTATIVE APPROVED BY: Vincent A. Caut.ro, Administrator Co=ununity Dev. & Envirorunental Svcs. DATE: AC[~D;.ITFJ~, FEB 2, 5 1997 BOARD OF CODI~T! COMMISSIONERS COLLIER COUNTY, FLORIDA LEGAL NOTICE OF ASSESSMENT OF LIEN Antonio ~4arulan~ & Flor Ma=ulande 816 Grand Ave Nor~ Bergen, NJ 07047 DA't~: ~tEFERENCE 60722-065 ~82536080004 LIEN NUMBER: LEGAL DESCRIPTION: LOT 156, WILLOUGHBY ACRES, ACCORDING TO THE PLAT THEREOF, P. ECORDED IN PLAT BOOK 8, AT PAGE 24, P~BLIC RECORDS OF COLLIER COUNTY, FLORIDA. You, as the owner of the property above described, as recorded ~n the records mawr, rained by the off,ce of the P;operty Appraiser, are hereby advised that the Compliance Services Manager, did on 7/31/96, order the abatement of a certain nuisance existing on the above property prohibited by Ordinance 91-47, serving notice thereof upon you, such nuisance being: Prohibited accumulation of non-protected mowable vegetation in excess of 18" in height in · subdivision other than Golden Gate Estates. You faile~ tc abate such nuisance: whereupon, it was abated by the expenJlture cf putilc funds at a direct cost of $45.00 and administrative cost of $200.00 for a total of $245.00. Such costs, by Resolution of the Board of County CcrJ, lssicners of Collier.County, Florida, have been assessed against the atc';e prc~nrty on and shall become a lien on the property thirty (30) days after such assessment. You may request a hearing before the Board of County Co~miss~oners to show cause, ~f any, why the expenses and charges incurred by the County under this Ordinance are unwarranted or excessive er why such expenses shoul9 not constitute a lien against the property. Such request for hearln~ must be made to the Clerk of the Board of County Commissioners, Government Center, Naples, Florida 34112 in wr:ting w~thin thirty (30) days from the date of this assessment to be vu~O. CL£~.K, BOARD OF COUNTY COMMISSIONERS CSce 9- 1/93 RESOLUTION NO. 97- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS PROVIDING FOR ASSESSMENT OF LIEN, FOR THE COST OF THE ABATEMENT OF PUBLIC N'JISANCE, IN ACCORDANCE WITH ORDINANCE 91-47. W~EREAS, as provided in Ordinance 91-47, the direct costs of abatement of certain nuisances, including prescribed administrative cost incurred by the County, shall be assessed against such property; and W]qEREAS, the cost thereof to the County as to each parcel shall be calculated and reported to the Board of County Commissioners, together with a description of said parcel; and W}{EREAS, such assessment shall be a legal, valid and binding obligation upon the property against which made until paid; and WHEREAS. the assesseent shall become due and payable thirty days after the mailing of Notice of Assessment after which interest shall accrue at a rate of twelve percent {12.0%] per annum on any unpaid portion thereof. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COMITY, FLORIDA, that the property described as follows, and having been abated of a public nuisance after due and proper notice thereof to the owner of said property, is hereby assessed the following costs of such abatement, to wit: Antonio Marulanda & Flor Marulanda 816 Grand Ave North Bergen, NJ 07047 LOT 156, WILLOUGHBY ACRES, ACCORDING TO T~E PLAT T~EREOF, RECORDED IN. PLAT BOOK 8, AT PAGE 24, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. $245.00 REFERENCE: 60722-065 #82536080004 The Clerk of the Board shall mail a notice of assessment of lien to the owner or owners of the above described property, and if such owner fails to pay such assessment within thirty {30) days hereof, a certified copy of this Resolution shall be recorded in the official records of Collier County, to constitute a lien against such property according to law, unless such direction is stayed by this Board upon appeal of the assessment of the owner. This Resolution adopted after motion, second and majority vote. DATED: ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY. TIMOTHY L. HANCOCK, CHAIRMAN APPROVED AS TO FORM AND LEGAL SUFFICIENCY: CSce 1! 1/96 FEB 2 5 1997 ~XECUTIVE SUMMARY LIEN RESOLUTION CODE ENFORCEMENT CASE NO. 60806-124 RECORD OWITER - GIUSEPPE DONOFRIO OBJECTIVE Board to accept report and adopt Resolution assessing a lien against the parcel in order to recover public funds expended to effect the abatement of a public nuisance at this location, all as provided for in Ordinance 91-47, the Collier County Weed, Litter and Plant Control Ordinance. CONSIDERATION Case Summary: a. Violati~h determination b. Notice of Violation served c. Verification of unabated nuisance d. Nuisance abated with public funds e. Owner invoiced for costs 08/12/96 undeliverable 09/24/96 09/25/96 10/10/96 FISCAL IMPACT Reimbursement of $245.00 may be anticipated by voluntary action or foreclosure. GROWTH MANAGEMENT IMPACT Not applicable. RECOMMENDATION That the Board of County Commissioners adopt the Resolution. PREPARED BY: Virgi~a Pack SENIORCUSTOMER SERVICE REPRESENTATIVE APPROVED BY: Vincent A. Cautero, Administrator Community Dev. & Envirorunental Svcs. DATE: FEB 2 5 BOARD OF COUNTT CO~MISSIONERS COLLIER COUNT!, FLORIDA TV-GAL NOTICE OF ASSESSMENT OF LIEN Giuseppe Donofrio 457 W 57~ St 1603 New Tork, NT 10019 DATE: REFERENCE 60806-124 157741960009 LIEN NUMBER: LEGAL DESCRIPTION: Lot 12, Block 285, of Mirco Be·ch Unit EIGHT, · Subd/vision according to the Plat thereof, recorded in Plat Book 6, Page 63-68, of the Public Records of Collie= County, Florida. You, as the owner of the property above described, as recorded in the rec¢:Js maintained by the office of the Property Appraiser, are hereby advised that the Compliance Services Manager, did on 8/13/96, order the abatement of a certain nuisance existing on the above property prohibited by Ordinance 91-47, serving notice thereof upon you, such nuisance being: Prohibited accumulation of non-protected mowible vegetation fn excess of 18" in height in · subdivision other than Golden Gate Est·tea. You failed to abate such nuisance; whereupon, it was abated by the expenditure of public funds at a direct cost of $45.00 and administrative cost of $200.00 for a total of $245.00. Such costs, by Resolution of the Board of County Commissioners of Collier County, Florida, have been assessed against the above property on and shall become a lien on the property thirty {30) days after such assessment. You may request a hearing before the Board of County Commissioners to show cause, if any, why the expenses and charges incurred by the County under this Ordinance are unwarranted or excessive or why ~uch expenses should not constitute a lien against the property. Such request for hearing must be made to the Clerk of the Board of County Commissioners, G~vernment Center, Naples, Florida 34112 in writing with:' 'i~irty {30) days from the date of this assessment to be valid. CLERK, BOARD OF COUNTY COMMISSIONERS CSce 9- ]/93 No. ~ FEB 1997 LIEN RESOLUTION - CODE ENFORCEMENT CASE NO. 60808-016 RECORD OWNER - MAURICE TREKBLAY Board to accept report and adopt Resolution assessing a lien against the parcel in order to recover public funds expended to effect the abatement of a public nuisance at this location, all as provided for in Ordinance 91-47, the Collier County Weed, Litter and Plant Control Ordinance. CONSIDERATION Case Summary: a. Violation determination b. Notice of Violation served c. Verification of unabated nuisance d. Nuisance abated with public funds e. Owner invoiced for costs o / s/96 o9/o3/ 6 09/25/96 o/o /96 10/24/96 FISCAL IMPACT Reimbursement of $245.00 may be anticipated by voluntary action or foreclosure. 6ROWT~ MANAGEMENT IMPACT Not applicable. ~C0MMENDATION That the Board of County Commissioners adopt the Resolution. PREPARED BY: Virgi~i~ Pack SENIOR CUSTOMER SERVICE REPRESENTATIVE APPROVED BY: Vincent A. Cautero, Administrator Community Dev. & Environmental Svcs. FEB 2 5 1997 BOARD or COUN~ COHMISSIONERS COLLIER COUNTT, FLORIDA LEGAL NOTICE OF ASSESSM~NT OF LIEN Giuseppe Donofrio 457 W 57~ St #603 New ~ork, NT 10019 DATE: REFERENCE 60806-124 #57741960009 LIEN NUMBER: LEGAL DESCRIPTION: Lot 12, Block 285, of M~rco Beach Unit EIGHT, · S~bdivision according to the Plat thereof, recorded in Plat Book 6, Page 63-68, of the Public Records of Collier County, Florida. You, as the owner of the property above described, as recorded in the recc:Js maintained by the off:ce of the Property Appraiser, are hereby advised that the Compliance Services Manager, did on 8/13/96, order the abatement of a certain nuisance existing on the above property prohibited by Ordinance 91-47, serving notice thereof upon you, such nuisance being: Prohibited accumulation of non-protected mowable vegetation fn excess of 18" in height in · subdivision other than Golden Gate Est&res. You failed to abate such nuisance; whereupon, it was abated by the expenditure of public funds at a direct cost of $45.00 and administrative cost of $200.00 for a total of $245.00. Such costs, by Resolution of the Board of County Commissioners of C~llier County, Florida, have been assessed against the above property on and shall become a lien on the property thirty (30) days after such assessment. You may request a hearing before the Board of County Commissioners to show cause, if any, why the expenses and charges incurred by the County under this Ordinance are unwarranted or excessive or why ~uch expenses should not constitute a lien against the property. Such request for hearing must be made to the Clerk of the Board of County Commissioners, Gvvernment Center, Naples, Florida 34112 in writing with:. 'i~irty (30) days from the date of this assessment to be valid. CLERK, BOARD OF COUNTY COMMISSIONERS CSce 9- ]/93 AGENDAJTEM. NO.~ FEB 2 5 1997 Pl.~_._._. RE£OLUTION NO. 97- A RESOLUTION OF THE BOARD OF COMITY COMMISSIONERS PROVIDING FOR ASSESSMENT OF LIEN, FOR THE COST OF THE ABATEMENT OF PUBLIC NUISANCE, IN ACCORDanCE W~TH ORDINANCE 91-47. WHEREAS, as provided in Ordinance 91-%7, the direct costs of abatement of certain nuisances, including prescribed administrative cost incurred by the County, shall be assessed against such property; and WHEREAS, the cost thereof to the County as to each parcel shall be calculated and reported to the Board of County Commissioners, together with a description of said parcel; and ~qqEREAS, such assessment shall be a legal, valid and b.ndlng cb!~gatlon upon the property against which maHe until paid; and WHEREAS. the assessment shall buccme due and payable thirty (30) days after the mailing of Notice of Assessment after which interest shall accrue at a rate of twelve percent {12.0%) per annum on any unpa;d port,on thereof. NOW. THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER CO~TY, FLORIDA, that the property described as follows, and having been abated of a public nuisance after due and proper notice thereof to the owner of said property, is hereby assessed the following costs of such abatement, to wit: N~E: L GAL D ~' COST Giumeppe Donofrio Lot 12, Block R85, of Marco Beach $245.00 457 w 57TM ST #603 Unit EIGHT, a Subdivision according New York, NY 10019 to the Plat thereof, recorded in Plat Book 6, Page 63-68, of the Public Records of Collier County, Florida. 60806-124 #57741960009 The Clerk of the Board shall mail a notice of assessment of lien to the owner or owners of the above described property, and if such owner fails to pay such assessment within thirty []0) days hereof, a certified copy of this Resolution shall be recorded in the official records of Collier County, to constitute a lien against such proper~y according to law, unless such direction is stayed by this Board upon appeal of the assessment of the owner. Thms Resolution adopted after motion, second and majority vote. DATED: ATTEST: BOARD OF COLD.~TY COMMISSIONERS DWIGHT E. BROCK, CLERK COLLXER COUNTY, FLORXDA APPROVED AS TO FORM AND LEGAL ~UFFICIENCY: COtk./TY ATTORNEY CSce 11 1/97 BY' TIMOTHY L. HANCOCK, CHAIRMAN LIEN RESOLUTION - CODE ~.~FORCEMENT CASE NO. 60808-016 RECORD OWNER - MAURICE TREMBLAY Board to accept report and adopt Resolution assessing a lien against the parcel in order to recover public funds expended to effect the abatement of a public nuisance at this location, all as provided for in Ordinance 91-47, the Collier County Weed, Litter and Plant Control Ordinance. ~ONSIDERATION Case Summary: a. Violation determination b. Notice of Violation served c. Verification of unabated nuisance d. Nuisance abated with public funds e. Owner invoiced for costs 08/15/96 09/03/96 09/25/96 10/0~/96 10/24/96 FISCAL IMPACT Reimbursement of $245.00 may be anticipated by voluntary action or foreclosure. GROWTH MANAGEMENT IMPACT Not applicable. RECOM/~ENDATION That the Board of County Commissioners adopt the Resolution. PREPA~RED BY: Virgi~ Pack SENIOR CUSTOMER SERVICE REPRESENTATIVE APPROVED BY: Vincent A. Cautero, Aclministrator Community Dev. & Environmental Svcs. EEl) 2 5 1997 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTT, FLORIDA LEO. AL NOTICE OF ASSESSMENT OF LIEN Maurice Tre~bley DATE: 1611 Mayo St Hollywood, FL 33020 REFERENCE 60808-016 ~36000000003 LIEN NUMBER: LEGAL DESCRIPTION: Lot 13, Block 100, Unit 3, Part Golden Gate, according to the Plat thereof, recorded in Pl&t B~ok 5, Page 101, of the Public Records of Collier County, Florida. You, as the owner of the property above described, as recorded in the records ma~nta:ned by the off~ce of the Property Appraiser, are hereby advised that the Compliance Services Manager, did on 8/16/96, order the abatement of a certain nuisance existing on the above property prohibited by Ordinance 91-47, serving notice thereof upon you, such nuisance being: Prohibited accumul&tion of non-protected mowable vegetation in excess of 18" in height in a subdivision other than Golden Gate Estates. YOU failed to abate such nuisance; whereupon, it was abated by the expendlture cf puhl~c funds at a direct cost of $45.00 and admlnlstrative cost of $200.00 for a tctal of $245.00. Such costs, by Resolution of the Board of County Co~,misssoners of Collier County, FloriOa, have been assessed against the above property on and shall become a lien on the prcperty thirty (30) days after such assessment. You may request a hearing before the Board of County Commissioners to show cause, if any, why the expenses and charges incurred by the County under this Ordznance are unwarranted or excessive or why such expenses should not constitute a lien against the property. Such request for hearing must be made to the Clerk of the Board of County Commissioners, Government Center, Naples, Florida 34112 in writing within thirty (30) days from the date of this assessment to be valid. CLERK, BOARD OF COUNTY COMMISSIONERS CSce 9- 1/93 FEB 2 5 1997 RESOLUTION NO. 97- A RESOLUTION OF THE BOARD OF COU~Y COMMISSIONERS PROVIDING FOR ASSESSMENT OF LIEN, FOR THE COST OF THE ABATEMENT OF PUBLIC NUISANCE, IN ACCORDANCE WITH ORDINANCE WI~EREAS, as provided in Ordinance 91-47, the direct costa of abatement of certain nuisances, including prescribed administrative cost incurred by the County, shall be assessed against such property; and WHEREAS, the cost thereof to the County as to each parcel shall be calculated and reported to the Board of County Commissioners, together with a description of said parcel; and WHEREAS, such assessment shall be a legal, valid and binding obligation upon the property against which ma~e until paid; and WHEREAS, the assessment shall become due and payable thirty days after the mailing of Notice of Assessment after which interest shall accrue at a rate of twelve percent (12.0%] per annum on any unpaid portion thereof. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the property described as follows, and having been abated of a public nuisance after due and proper notice thereof to the owner of said property, is hereby assessed the following costs of such abatement, to wit: Maurice Tremblay Lot 13. Block 100, Unit 3, Part $245.00 1611 Mayo St GOLDEN GATE, according to the Hollywood, FL 33020 P--~at thereof, recorded in Plat Book 5, page 101, of the Public Records of Collier County, Plorida. 60808-016 #36000000003 The Clerk of the Board shall mail a notice of assessment of lien to the owner or owners of the above described property, and if such owner fails to pay such assessment within thirty (30) days hereof, a certified copy of this Resolution shall be recorded in the official records of Collier County, to constitute a lien against such property according to law, unless such direction is stayed by this Board upon appeal of the assessment of the owner. This Resolution adopted after motion, second and majority vote. DATED: ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA APPROVED AS TO FORM ~ LEGAL SUFFICIENCY: CO~:TY ATTORNEY CSce i1 - 1/96 BY: TIMOTHY L. H;%NCOCK, CHAXRM~tN AGEND T FEB 2, 5 1997 X UTI LIEN RESOLUTION - CODE ENFORCEMENT CASE NO. 60808-023 RECORD OWNER JOHN C GARRISON JR VIRGINIA GARRISON Board to accept report and adopt Resolution assessing a lien against the parcel in order to recover public funds expended to effect the abatement of a public nuisance at this location, all as provided for in Ordinance 91-47, the Collier County Weed, Litter and Plant Control Ordinance. CONSIDERATION Case Summary: a. Violation determination b. Notice of Violation served c. Verification of unabated nuisance d. Nuisance abated with public funds e. Owner invoiced for costs 08/14/96 o8/22/96 09/25/96 ~0/10/96 10/18/96 ~ISCAL IMPACT Reimbursement of $245.00 may be anticipated by voluntary action or foreclosure. GROWTH MA/~AGEMENT IMPACT Not applicable. RECOMMENDATION That the Board of County Commissioners adopt the Resolution. PREPARED BY: Virg~ia Pack SENIOR CUSTOMER SERVICE REPRESENTATIVE A~BY: Vincent A. Cautero, Administrator Conununity Dev. & Environmental Svcs. DATE.-/~~ DATE: FEB 2, 5 1997 BOARD Or COU~I"/ COM~TISSTOI~RS COLLIER COU~T~, I~ORIDA 45878 C~bin Branch Dr DATE: REFERENCE 60808-023 ~36315760009 LIEN NUMBER: LEGAL DESCRIPTION: Lots 5 Block 199 Unit 6 Part - GOLDEN GATE accord/hq to pl&t recorded in Plat Book 5 Page 131 of the Public Records of Collier County, Florida. You, as the owner of the property above described, as recorded in the records maintained by the office of the Property Appraiser, are her¢~y advised that the Compliance Services Manager, did on 8/15/96, order the abatement of a certain nuisance existing on the above property prohibited by Ordinance 91-47, serving notice thereof upon you, such nuisance being: Prohibited accumulation of non-protected mowable vegetation An excess of 18" in height in a subdivision other than Golden Gate Estates. You failed to abate such nuisance; whereupon, it was abated by the expenditure of public funds at a direct cost of $45.00 and cost of $200.00 for a total of $245.00. Such costs, by Resolution of the Board of County Co~.~issioners of Collier County, Florida, have been assessed against the above property on and shall become a lien on the property thirty (30) days after such assessment. You may request a hearing before the Board of County Commissioners to show cause, if any, why the expenses and charges incurred by the County under this Ordinance are unwarranted or excessive or why such expenses should not constitute a lien against the property. Such request for hearing must be made to the Clerk of the Board of County Commissioners, Government Center, Naples, Florida 34112 in writing within thirty days from the date of this assessment to be valid. CLERK, BOARD OF COUNTY COMMISSIONERS CSce 9- 1/93 RESOLUTION NO. 97- A RESOLUTION OF THE BOARD OF COUNY~ COMMISSIONERS PROVIDING FOR ASSESSMENT OF LIEN, FOR THE COST OF THE ;tBATEMENT OF PUBLIC NUISANCE, IN ACCORDANCE WITH ORDINANCE 91-47. WHEREAS, as provided in Ordinance 91-47, the direct costs of abatement of certain nuisances, including prescribed administrative cost incurred by the County, shall be assessed against such property; and WHEREAS, the cost thereof to the County as to each parcel shall be calculated and reported to the Board of County Commissioners, together with a description of said parcel; and WHEREAS, such assessment shall be a legal, valid and binding obligation upon the property against which made until paid; and WHEREAS, the assessment shall become due and payable thirty (30] days after the mailing of Notice of Assessment after which interest shall accrue at a rate of twelve percent (12.0%] per annum on any unpaid portion thereof. NOW, THEREFORE. BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the property described as follows, and having been abated of a public nuisance after due and proper notice thereof to the owner of said property, is hereby assessed the following costs of such abatement, to wit: John C Garrison Jr Virginia Garrison 45878 Cabin Branch Dr Sterling, VA 22170 60808-023 #36315760009 Lots $ Block 199 Unit 6 Part -- $245.00 GOLDEN GATE according to the plat thereof recorded in Plat Book S Page 131 of the Public Records of Colliar County, Florida. The Clerk of the Board shall mail a notice of assessment of lien to the owner or owners of the above described property, and if such owner fails to pay such assessment within thirty {30} days hereof, a certified copy of this Resolution shall be recorded in the official records of Collier County, to constitute a lien against such property according to law, unless such direction is stayed by this Board upon appeal of the assessment of the owner. This Resolution adopted after motion, second and majority vote. DATED: ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COU1TTY COMMISSIONERS COLLIER COUNTY, FLORIDA APPROVED AS TO FORM AND LEGAL SUFFICIENCY: .~---DAVID WEIGEL COU~{TY ATTORNEY CSce 11 - 1/96 BY: TIMOTHY L. HANCOCK, CF~AIRMAN AGENDA LT,E M. FEB 2 5 1997 P~. ~ EXECUTIVE SUrF LIEN RESOLUTION - CODE ENFORCEMENT CASE NO. 60809-010 RECORD OWNER - NASSER NASSER HAYEL MASSOUD OBJECTIVE Board to accept report and adopt Resolution assessing a lien against the parcel in order to recover public funds expended to effect the abatement of a public nuisance at this location, all as provided for in Ordinance 91-47, the Collier County Weed, Litter and Plant Control Ordinance. ~ONSIDERATION Case Summary: a. Violation determination 08/26/96 b. Notice of Violation served no date c. Verification of unabated nuisance 10/14/96 d. Nuisance abated with public funds 10/18/96 e. Owner invoiced for costs 10/31/96 FISCAL IMPACT Reimbursement of $245.00 may be anticipated by voluntary action or foreclosure. gROWTH PLkNAGEMENT iMPACT Not applicable. BECOMMENDATION That the Board of County Commissioners adopt t~e Resolution. PREPARED BY: SES O CUSTO S SSENTA VE APPROVED BY: Vincent A. Cautero, AdministraTor Community Dev. & Environmental Svcs. DATE: AGENDA JTEM, · FEB 2 5 1997 Pg. _ ~ BOARD OF COUNTY COMMISSIONERS COLLIER COUNTy, FLORIDA LEGAL NOTICE OF ASSESSMENT OF LIEN N&sser Nasse= Hayel Massoud Castillito #31 Ave Principal De Castillito 31 Puerto Ordaz Venezuela DATE: REFERENCE 60809-010 #57198200008 LIEN NUMBER: LEGAL D£SCRIPTION: Lot 1, Block 146, of Marco Beach Unit FIVE, a Subdivision according to the Plat thereof, recorded in Plat Book 6, Page 39-46, of the Public Records of Collier County, Floride. You, as the owner of the property above described, as recorded in the records maintained by the office of the Property Appraiser, are hereby advised that the Compliance Services ~.~anager, did on 8/27/96, order the abatement of a certain nuisance existing on the above property prohibited by Ordinance 91-47, serving nctice thereof upon you, such nuisance being: Prohibited accumulation of non-protected mowable vegetation in excess of 18" in height in a subdivision other than Golden Gate Estates. You failed to abate such nuisance; whereupon, it was abated by the e×~endlture of public funds at a direct cost of $45.00 and administrative cost of $200.00 for a total of $245.00. Such costs, by Resolution of the Board of County Commissioners of Collier County, Florida, have been assessed against the above property on and shall become a lien on the property thirty (30) days after such assessment. You may request a hearing before the Board of County Commissioners to show cause, if any, why the expenses and charges incurred by the County under this Ordinance are unwarranted or excessive or why such expenses should not constitute a lien against the property. Such request for hearing must be made to the Clerk of the Board of County Commissioners, Government Center, Naples, Florida 34112 in writing within thirty (30) days from the date of this assessment to be valid. CLERK, BOARD OF COUNTY COMMISSIONERS CSce 9- 1/93 AGENDA JTEM . FEB 2 5 1997 RESOLUTION NO, 97- A RESOLUTION OF TIlE BOARD OF COUNTY COMMISSIONERS PROVIDING FOR ASSESSMENT OF LIEN, FOR THE COST OF Tile ABATEMENT OF Pt~BLIC t~JISANCE, IN ACCORDANCE WITH ORDINANCE 91-47. W~EREAS. as provided in Ordinance 9X-47, the direct costs of abatement of certain nuisances, including prescribed administrative cost incurred by the County, shall be assessed against such property; and ~{EREAS, the cost thereof to the County as to each parcel shall be calculated and reported to the Board of County Commissioners, together with a description of said parcel; and WHEREAS, such assessment shall be a legal, valid and binding cbligation upon the property against which made until paid; and WHEREAS, the assessment shall become due and payable thirty days after the mailing of Notice of Assessment after which interest shall accrue at a rate of twelve percent (12.0%) per annum on any unpaid portion thereof. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF CO~TY COMMISSIONERS OF COLLIER CO~4TY, FLORIDA, that the property described as follcws, and having been abated of a public nuisance after due and prcper notice thereof to the owner of said property, is hereby assessed ~he following costs of such abatement, to wit: NAME Nasser Hasser Hayel Massoud Castilllito #31 Ave Principal De Castillito 31 Puerto Ordaz Venezuela ~EGAL D~ Lot 1, Block 146, of Marco Beach $245.00 Unit FIVE, a Subdivision according to the Plat thereof, recorded in Plat Book 6, Page 39-46, of the Public Records of Collier County, Florida. REFERENCE: 60809-010 #57198200008 The Clerk of the Board shall mail a notice of assessment of lien to the owner or owners of the above described property, and if such owner fails to pay such assessment within thirty {30) days hereof, a certified copy of this Resolution shall be recorded in the official records of Collier County, to constitute a lien against such property according to law, unless such direction is stayed by this Board upon appeal of the assessment of the owner. This Resolution adopted after motion, second and majority vote. DATED: ATTEST: BOARD OF CO~TY COMMISSIONERS DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA BY: TIMOTHY L. HANCOCK, CHAIRM~ APPROVED AS TO FORM ~~CY: (~AVID WEIGEL CO~TY ATTORNEY CSce 11 - 1/97 AGENDa, iTE~I. FEB 2 5 1997 Pa. 3 EXECUTIVE SUMMARY LIEN RESOLUTION - CODE ENFORCEMENT CASE NO. 60819-020 RECORD OWNER PHILLIP PIERRE MATTHEW HENDRICK OBJECTIVE Board to accept report and adopt Resolution assessing a lien against the parcel in order to recover public funds expended to effect the abatement of a public nuisance at this location, all as provided for in Ordinance 91-47, the Collier County Weed, Litter and Plant Control Ordinance. CONSIDERATION Case Summary: a. Violation determination b. Notice of Violation served c. Verification of unabated nuisance d. Nuisance abated with public funds e. Owner invoiced for costs FISCAL IMPACT 08/22/96 undeliverable 09/18/96 09/23/96 09/27/96 Reimbursement of $245.00 may be anticipated by voluntary action or foreclosure. GROW~fH MANAGEMENT IMPACT Not applicable. RECOM/~ENDATION That the Board of County Commissioners adopt the Resolution. PREPARED BY: SENIOR CUSTOMER SERVICE REPRESENTATIVE APPROVED BY: Vincent A. Cautero, Administrator Conununity Dev. & Environmental Svcs. DATE:~7 DATE BOARD OF CO~T¥ COMHX~$IONER$ COLLIER COUNTY, FLORIDA LEGAL NOTICE OF ASSESSMENT OF LIEN DATE: Phillip Pierre Matthew Hendrick 1747 55th Terr SW Naples, FL 33999 REFERENCE 60819-020 #36384400002 l,I~:: [,KGAL ~[iS'£:~I~TI Lot 13, Block 223, Golden Gate, Unit 6, Part 1, According to the plat thereof recorded in Plat Book 9, Page 2, of the Public Records of Collier County, Florida. ':'cd, as the owner of the F,r~[,ertV abo'.'e described, as recorded in the recordr, ma;ntair, o't }~'~' the off[ce of the Property A[,pra[ser, are hereby ad'.'zsed that tt',e Ccrpllance Ser'.'~ces Manager, dzd on 8/23/96, order the ~" '~ir. ar. ce 91--;~ s~r'.'ln] r.~.t~r:e thereof ~lpon ye,i, s:Th 7~,:lsa~ce Prohibited accumulation of non-protected mowable vegetation in excess of 18" in height in a subdivision other than Golden Gate Estates. -= .' ..~' ~ '"''~s at a .i::eJ~ .::st ~: $45 00 and cost cf $200.00 for atc. ta! :f $245.00. £uch costs b), Peso~ ,it2 of Bt5-~.~ ~.-~ Ccunty Ctr. r, lssloners cf Co''ler'Ccunty, F!crida, ha'.'e been assessed aga:r, st the atove prcF. ertv on and st, all bec~me a ilen on the property thlrt~' ~3[') days after such assessment. ':'%u r.a¥ req,Jest a Rear:ng )~efore the hoard of County Ccmmissloners to show catlse0 x f dny, w)]y t L,~ e~:[~ens,Js and charges incurred )~}' the Count%' under thlS Ordinance are unwarranted or excessive or why such eMFenses should not constitute a lien aga:nst the property. Such request for hearing must be made to the Clerk of the Board of County Ccm.mlssioners, Government Center, I:aples, Florida 34112 in wrltlng within thirty (30) days from the date of th~s assessment to be valid. CLEOK, BOAPD OF COUNTY COMMISSIO))ERS C£ce 9- 1/93 FEB 2 5 1997 RESOLUTION NO. 97- A RESOLUTION OF THE BOARD OF COLP.;T¥ COMMXSSIONERS PROVIDING FOR ASSESSMENT OF LIEN, FOR THE COST OF THE ABATEMENT OF PUBLIC N!3ISANCE, IN ACCORDA3~CE WITH ORDINANCE 91-47. WHEREAS, as provided in Ordinance 9~-4~, the direct costs of abatement of certain nuisances, including prescribed administrative cost incurred by th,~ County, shall be assessed against such property; and WHEREAS, the cost thereof to the County as to each parcel shall be calculated and reported to the Board of County Commissioners, together with a description of said parcel; and WHEREAS, such assessment shall be a legal, valid and binding obligation upon the property against which made until paid; and WHEREAS, the assessment shall become due and payable thirty days after the mailing of Notice of Assessment after which interest shall accrue at a rate of twelve percent {%2.0%) per annum on any unpaid portion thereof. N%w, THEREFORE, BE IT RESOLVED BY THE BOARD OF CO~:TY COMMiSSiONERS OF COLLIER COUNTY, FLORIDA° that the property described as follows, ~nd hav~ng been abated of a public nuisance after due and proper notice thereof to the owner of said property, is hereby assessed the following costs of such abatement, to wlt: NAME____:'. Phillip Pierre Matthew Hendrick 1747 55'~ Terr SW Naples, FL 3399~ REFERENCE: 60819-020 #36384400002 LE AL DE CR ON" Lot 13, Block 223, Golden Gate, $245.00 Unit 6, Part 1, According to the plat thereof recorded in Plat Book 9, Page 2, of the public Records o~ Collier County, Florida. The Clerk of the Board shall mail a notice of assessment of lien to the owner or owners of the above described property, and if such owner fa~ls to pay such assessment within thirty [~01 days hereof, a cert~fled copy of th~s Resolution shall be recorded in the official records of Collier County, to constitute a lien against such property according to law, unless such direction is stayed by this Board upon appeal of the assessment of the owner. This Resolution adopted after motion, second and majority vote. DATED: ATTEST: BOARD OF CO~TY COMMISSIONERS DWIGHT E. BROCK, CLERK COLL~ER COUNTY, FLORIDA BY: APPROVED AS TO FORM AJ4D LEGAb SUFFICIENCY: ~L.~DAVID WEIGEL COb74TY ATTORNEY CSce 11 - 1/96 TIMOTHY L. HANCOCK. CHA I RMAN AGE A I FEB g 5 1997 Pg. ~ EXECUTIVE SUMMARY LIEN RESOLUTION - CODE ENFORCEMENT CASE NO. 60822-062 RECORD OWNER - FRED C KRAMER SR EST OBJECTIVE Board to accept report and adopt Resolution assessin9 a lien against the parcel in order to recover public funds expended to effect the abatement of a public nuisance at this location, all as provided for in Ordinance 91-47, the Collier County Weed, Litter and Plant Control Ordinance. CONSIDERATION Case Summary: a. Violation determination b. Notice of Violation served c. Verification of unabated nuisance d. Nuisance abated with public funds e. Owner invoiced for costs FISCAL I_____~MPACT Reimbursement of $245.00 action or foreclosure. 08/27/96 undeliverable 09/19/96 09/23/96 09/27/96 may be anticipated by voluntary GROWTH MltNAGEMENT IMPACT Not applicable. RECOMMENDATION That the Board of County Commissioners adopt the Resolution. PREPARED BY: SENIOR CUSTOMER SERVICE REPRESENTATIVE APPROVED BY: Vincent A. Cautero, Administrator Con%munity Dev. & Envirornnental Svcs. DATE:~_~ /9¢? AGEN T FEB 5 19c37 p~o...~ BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA LEGAL NOTICE OF ASSESSMENT OF LIEN Fred C Kramer SR EST % Fred C Kramer JR 4656 Linthicum Rd Dayton, MI) 21036 REFERENCE 60822-062 LEGAL DESCRIPTION: #36439680007 DATE: LIEN HUMBER: Lots 34 Block 240 Unit 7 Part - GOLDEN GATE according to plat thereof recorded in Plat Book 5 Page 137, of the Public Records of Collier County, Florida. You, ax the owner of the property above described, as recorded tn the records ma:nra[ned by the office of the Property Appraiser, are hereby advised that the Compliance Services Manager, did on 8/28/96, order the abaterent ~f a certain ~u:sance existing on the above ~rcperty by Cr~[nance 9!-4", ser..':ng notice thereof upos you, suck nulsance being: Prohibited accumulation of non-protected mowable vegetation in excess of 18" in height in a subdivision other than Golden Gate Estates. You fa:!e~ tc azate such nu~sazce; whereupon, it was abated by the e×penslture cf ~ubl~c funds at a d~rect ccst ~f $45.00 and adm~lstrat~,je cost cf $200.00 for a total cf $245.00. Such costs, by Resolution of the BoarJ of County Ccr.misslcners of Collier County, Flcrlda, have assessed aga:nst the atc'.'e proper%V on and shall become a l~en on the property thirty ~30! days after sumh assessment. You may request a hearing befcre the Board of County Commissioners to show cause, if any, why the expenses and charges incurred by the County un,er th~s Ordinance are unwarranted or excessive or why such expenses should not constitute a l~en agalnst the property. Such request for hearing must be made to the Clerk of the Board of County Commissioners, Government Center, Haples, Florida 34112 in writing within thirty (30) days from the date of this assessment to be valid. CLERK, BOARD OF COUNTY COMMISSIONERS CSce 9- 1/93 AGENDA [T~I~, FEB 2, 5 1997 Pg. ~ RESOLUTION NO. 97- A RESOLUTION OF THE BOARD OF CObT~TY CCMMISSIONERS PROVIDING FOR ASSESSMENT OF LIEN, FOR Tile COST OF Tile ABATEMENT OF PUBLIC NUISAllCE, Itl ACCORDANCE WXTH ORDINA~CE 91-47. ~EREAS, as provided in Ordinance 91-47, the direct costs of abatement of certain nuisances, including prescribed administrative cost incurred by the County, shall be assessed against such property; and ~HEREAS, the cost thereof to the County as to each parcel shall be calculated and reported to the Board of County Commissioners, together with a description of sa,d parcel; and WHEREAS, such assessment shall be a legal, valid and binding obligation upon the property against which made until paid; and WHEREAS, the assessment shall become due and payable thirty days after the mailing of Notice of Assessment after which interest shall accrue at a rate of twelve percent (12.0%) per annum on any unpaid portion thereof. NOW, THEREFG~E, BE IT RESOLVED BY THE BOARD OF CO~4TY CCMMISSIONERS OF COLLIER CO~TY, FLORIDA, that the property described as follows, and hav,ng been abated of a public nuisance after due and proper notice thereof to the owner of said property, is hereby assessed the following costs of such abatement, to wit: Fred C Kramer SR EST % Fred C Kramer Jr 4656 Linthicum Rd Dayton, MD 21036 LEGAL DES RI zeN' Lots 34 Block 240 Unit 9 Part -- GOLDEN GATE according to plat thereof recorded in Plat Book 5 Page 137 of the Public Records of Collier County, Florida. $245.00 REFERENCE: 60822-062 #36439680007 The Clerk of the Board shall mail a notice of assessment of lien to the owner or owners of the above described property, and if such owner fails to pay such assessment within thirty (]0) days hereof, a certified copy of this Resolution shall be recorded in the official records of Collier County, to constitute a lien against such property according to law, unless such direction is stayed by this Board upon appeal of the assessment of the owner. This Resolution adopted after motion, second and majority vote. DATED: ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA APPROVED AS TO FORM A/;D LEGAL SUFFICIENCY: COU?ITY ATTORNEY CSce 11 - 1/97 BY: TIMOTHY L. HANCOCK, CHAIRMAN FEB g 5 1997 Pg. ~ EXECUTIVE S__UMMARY LIEN RESOLUTION - CODE ENFORCEMENT CASE NO. 60827-048 RECORD OWNER VINCENT SOLIMINE & MARILYN A SOLIMINE 9BJECTIV~ Board to accept report and adopt Resolution assessing a lien against the parcel in order to recover public funds expended to effect the abatement of a public nuisance at this location, all as provided for in Ordinance 91-47, the Collier County Weed, Litter and Plant Control Ordinance. CONSIDERATION Case Summary: a. Violation determination b. Notice of Violation served c. Verification of unabated nuisance d. Nuisance abated with Public funds e. Owner invoiced for costs 08/26/96 undeliverable 09/24/96 09/25/96 10/10/96 FISCAL IMPACT Reimbursement of $245.00 may be action or foreclosure. anticipated by voluntary GROWTH M3%NAGEMENT IMPACT Not applicable. RECOMMENDATION That the Board of County Commissioners adopt the Resolution. PREPARED BY: SENIOR' CUSTOMER SERVICE REPRESENTATIVE APPROVED BY: Vincent A. Cautero, Administrator Community Dev. & Environmental Svcs. DATE: AG N T FEB g 5 1997 Pg. ~ BOARD OF COUNTY COMMISSIONER~ COLLIER cOUNTY, FLORIDA LEGAL NOTICE OF ASSESSKENT OF LIEN DATE: Vincent solimine & Marilyn A Solimine 775 Amber Dr Marco Island, FL 33937 REFEP. ENCE 60827-048 #57191280009 LIE~] NUMBER: LEGAL DESCRIPTION: LOT 07, BLOCK 88, MARCO BEACH UNIT FIVE, a Subdivision, according to the Plat thereof, recorded in Plat Book 6, Pages 39 through 46 of the Public Records of Collier County, Florida. You, as the owner of the property above described, as recorded in the records maintained by the office of the Property Appraiser, are hereby advised that the Compliance Services Manager, did on 8/27/96, order the abatement of a certain nuisance existing on the above property prohibited by Ordinance 91-47, serving notice thereof upon you, such nuisance being: Prohibited accumulation of non-protected mowable vegetation in excess of 18" in height in a subdivision other than Golden Gate Estates. You felled to abate such nuisance; whereupon, it was abated by the expenditure of public funds at a direct cost of $45.00 and administrative cost of $200.00 for a to=a! of $245.00. Such costs, by Resolution of the Board of County Com,~zssloners of Collier County, Florida, have been and shall become assessed against the above property on a lien on %he property thirty 1301 days after such assessment. You may request a hearing before the Board of County Commissioners to show cause, if any, why the expenses and charges incurred by the County under this Ordinance are unwarranted or excessive or why such expenses should not constitute a lien against the property. Such request for hearing must be made to the Clerk of the Board of County Commissioners, Government Center, Naples, Florida 34112 in writing within thirty (30) days from the date of this assessment to be valid. CLERK, BOARD OF COUNTY COMMISSIO~IERS CSce 9- 1/93 FEB 5 1997 R E SOLUT I 0.%' NO, A RESOLUTION OF THE BOARD OF CObT~TY COMMISSIONERS PROVIDING FOR ASSESSMENT OF LIEN0 FOR TIlE COST OF THE ABATEMENT OF PUBLIC NUISA/~CE, IN ACCORDANCE WITlt ORDINANCE 91-47. W~EREAS, as provided in Ordinance 91-47, the direct costs of abatement of certain nuisances, including prescribed administrative cost incurred by the County° shall be assessed against such property; and WHEREAS, the cost thereof to the County as to each parcel shall be calculated and reported to the Board of County Commissioners. together with a description of said parcel; and ~EREAS, such assessment shall be a legal, valid and binding obligation upon the property against which made until paid; and sha~l accruQ a~ a ra~e of twelve percen~ 112.0%) per annum on any unpaid portion thereof. NCW, THEREFORE, BE ~T RE$OLV£D BY THE ROARD OF COmiTY COMMISSIONERS OF COLLIER CO~aTY, FLORIDA, that the D~OpQ~:Y delcribed as follows, and having been abated of a public nuisance after due and proper notice thereof to the owner of said property, is hereby assessed the following costs of such abatement, to wit: N~ME: Vincent Solimine & Marilyn A Solimine 775 Amber Dr Marco Island, FL 33937 REFERENCe: 60827-048 #57191280009 LEGAL DE$CRIPTION~, LOT 07, BLOCK 8B, MARCO BEACH $245.00 UNIT FIVE, & Subdivision, according to the Plat thereof, recorded in Plat Book 6, Pages 39 through 46 of the Public Records of Collier County, Florida. The Clerk of the Board shall mail a notice of assessment of lien to the owner or owners of the above described property, and if such owner fails to pay such assessment within thirty (301 days hereof, a certified copy of th~s Resolution shall be recorded in the official records of Collier County, to constitute a lien against such property according to law, unless such direction is stayed by this Board upon appeal of the assessment of the owner. This Resolution adopted after motion, second and majority vote. DATED: ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, CLERK COLLIER COUNTY. FLORIDA APPROVED AS TO FORM AND LEGAL SUFFICIENCY: D~AV I O WEIGEL COtRNT Y ATTORNEY CSce 11 - 1/96 BY' TIMOTHY L. I[ANCOCK. CHAIRMAN FEB 2 5 1997 pg._ __ EXEC IVE LIEN RESOLUTION - CODE ENFORCEMENT CASE NO. 60829-024 RECORD OWNER - LOCKPORT TRANSPORT SERV INC OBJECTIVE Board to accept report and adopt Resolution assessing a lien against the parcel in order to recover public funds expended to effect the abatement of a public nuisance at this location, all as provided for in Ordinance 91-47, the Collier County Weed, Litter and Plant Control Ordinance. CONSIDERATION Case Summary: a. Violation determination 08/28/96 b. Notice of Violation served 09/03/96 c. Verification of unabated nuisance 10/25/96 d. Nuisance abated with public funds 11/06/96 e. Owner invoiced for costs 11/21/96 FISCAL IMPACT Reimbursement of $245.00 may be anticipated by voluntary action or foreclosure. GROWTH MA~AGEMENT IMPACT Not applicable. RECOMMENDATION That the Board of County Commissioners adopt the Resolution. PREPARED BY: APPROVED BY: Vincent A. Cautero, Administrator Community Dev. & Environmental Svcs. DATE: BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA LEGAL NOTICE OF ASSESSMENT OF LIEN Lockport Transport Serv Inc DATE: % A Angelo Di Millio 107 East Ave Lockport, NY 14094 REFERENCE 60829-024 #62573280007 L~EN NUHBER: LEGAL DESCRIPTION: Lot 8, Block 19, Naples Park, Unit No. 20 in accordance with and subject to the plat recorded in Plat Book 2, page 107, Public Records of Collier County, Florida. You, as the owner of the property above described, as recorded in the records maintained by the office of the Property Appraiser, are hereby advised that the Compliance Services Hanager, did on 9/29/96, order the abatement of a certain nuisance existing on the above property prohibited by Ordinance 91-47, serving notice thereof upon you, such nuisance being: Prohibited accumulation of non-protected mowable vegetation in excess of 18" in height in a subdivision other than Golden Gate Estates. YOu failed to abate such nuisance; whereupon, it was abated by the e×pen~iture of public funds at a direct cost of $45.00 and administrative cost of $200.00 for a total of $245.00. Such costs, by Resolution of the Board of County Com~nissioners of Collier County, Florida, have been assessed against the above property on and shall become a lien on the property thirty 130) days after such assessment. You may request a hearing before the Board of County Commissioners to show cause, if any, why the expenses and charges incurred by the County under this Ordinance are unwarranted or excessive or why such expenses should not constitute a lien against the property. Such request for hearing must be made to the Clerk of the Board of County Commissioners, Government Center, Naples, Florida 34112 in writing within thirty (30) days from the date of this assessment to be valid. CLERK, BOARD OF COUNTY COMMISSIONERS CSce 9- 1/93 AG£N I FEB 2 5 1997 RESOLUTION NO. 97- A RESOLUTION OF THE BOARD OF COtR;TY COMMISSIONERS PROVIDING FOR ASSESSMENT OF LIEN, FOR THE COST OF THE ABATEMENT OF PUBLIC NUISA34CE0 IN ACCORDANCE W~TH ORDINANCE 91-47. WHEREAS. as provided in Ordinance 91-47, the direct costs of abatement of certain nuisances, including prescribed administrative cost incurred by the County. shall be assessed against such property; and NHEREAS, the cost thereof to the County as to each parcel shall be calculated and reported to the Board of County Commissioners, together with a description of said parcel; and WHEREAS, such ansensment shall be a legal, valid and binding obligation upon tile prop0rty against which made un,i! paid; and WHEREAS, the assessment shall become due and payable thirty days after the mailing of Notice of Assessment after which interest shall accrue at a rate of twelve percent [12.0%} per annum on any unpaid portion thereof. ::C:.;, THEREFORE, BE IT RESOLVED BY THE BOARD OF CO~;TY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the property described as follows, and having been abated of a public nuisance after due and proper notice thereof to the owner of said property, is hereby assessed the following costs of such abatement, to wit: NAME: LEGAL DESCRIPTION,' COST Lockport Transport Se rv Inc % A Angels Di Mills 107 East Ave Lockport, ~ 14094 Lot 8, Block 19, Naples Park, $245.00 Unit No. 2, in accordance with and subject to the plat recorded in Plat Book 2, page 107. Public Records of Collier County, Florida. REFERENCE: 60829-024 #62573280007 The Clerk of the Board shall mail a not~ce of assessment of lien to the owner or owners of the above described property, and if such owner fails to pay such assessment within thirty (]0) days hereof, a certified copy of this Resolution shall be recorded in the official records of Collier County, to constitute a lien against such property according to law, unless such direction is stayed by this Board upon appeal of the assessment of the owner. This Resolution adopted after motion, second and majority vote. DATED: ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COb74T¥ COMMISSIONERS COLLIER COUNTY, FLORIDA APPROVED AS TO FORM ~4D LEGAL SUFFICIENCY: :._DAVID WEIGEL COUNTY ATTORNEY CSce 11 - 1/97 BY: TIMOTIIY L. IIANCOCK, CIIAIRMAN FEB 2 5 1997 p.~. ~ EXEC~ LIEN RESOLUTION - CODE ENFORCEMENT CASE NO. 60829-036 RECORD OWNER - BENITO F RECIO OBJECTIVE Board to accept report and adopt Resolution assessing a lien against the parcel in order to recover public funds expended to effect the abatement of a public nuisance at this location, all as provided for in Ordinance 91-47, the Collier County Weed, Litter and Plant Control .Ordinance. CONSIDERATIO_____~N Case Summary: a. Violation determination b. Notice of Violation served c. Verification of unabated nuisance d. Nuisance abated with public funds e. Owner invoiced for costs 09/04/96 10/26/96 11/0~/96 11/21/96 FISCAL IMPACT Reimbursement of $245.00 may be anticipated by voluntary action or foreclosure. GROWTH MANAGEMENT IMPACT Not applicable. RECOM/~ENDATION That the Board of County Commissioners adopt the Resolution. PREPARED BY: Virg.in, ia Pack SENIOR CUSTOMER SERVICE REPRESENTATIVE APPROVED BY: Vincent A. Cautero, Administrator Community Dev. & Environmental Svcs. DATE: ~ - FEB 2, ,5 '1997 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA LEGAL NOTICE OF ASSESSMENT OF LIEN Benito F Recio Fresno 19 Colonia Chimalistac CP 01070 Mexico, DF Mexico DATE: REFERENCE 60829-036 #56679880003 L]E[I [;UMBEP: LEGAL 5ESC~IPTIC~: Lot 24 Block 31 of Marco Beach Unit ONE a Subdivision according to the Plat thereof, recorded in Plat Book 6, Page 9-16, of the Public Records of Collier County, Florida. 'fcc, as the ownor of the property above described, as recorded in the records m~:nta:r.e~ by the ~ff]ce of the Property Appra:ser, are hereby a~v:sed that the Compliance Services Manager, did on 9/9/96, order the a~atement cf a certain aulsance existing on the above property pr'.hlb;ted ~}' %ruln~nre 9]-4', ser'.'in] nzt~ce thereof upon you, such nuisance Prohibited accumulation of non-protected mowable vegetation in excess of 18" in height in a subdivision other than Golden Gate Estates. You fa~iel ts aba~e such nu:sance; whereupon, ~t was ata%e~ ky ~.e e:.:~enJ:ture cf Fuki~c fun~s at ~ ~::ect cost of $45.00 ami a~m:r.:strat~':e ccsz cf $200.00 for a total cf $245.00. Such costs, ky ~esrlutlcn of the Board cf Count%' Ccmm~sslcners cf Collier County, Flor:da, have been assessed aua:r, st the above property on and shall become a lien on the property thirty ~30) da~,s after such assessment. You r.a7 request a hearing before the Board of County Co~lss:oner$ show cause, ~f any, why the expenses and charges incurred by the County un,er this Ordinance are unwarranted cr excessive or why such expenses shoul;-I not constitute a ]~en against the property. Such request for hearing must be made to the Clerk cf the Board of County Commissioners, Government Center, Naples, Florida 34112 in writing within thirty days from the date of this assessment ~o be valid. CLERK, BOARD OF COUNTY COb:MISSIONERS CSce 9- 1/93 RESOLUTION NO. 97- A RESOLUTION OF T~E BOARD OF CO~FY COMMISSIOneRS PROVIDING FOR ASSESSMENT OF LIEN, FOR THE COST OF THE ABATEMENT OF PUBLIC NUISANCE, IN ACCORDANCE WITH ORDINANCE 91-47. ~EREAS, as provided in Ordinance 91-47, the direct costs of abatement of certain nuisances, including prescribed administrative cost incurred by the County, shall be assessed against such property; and ~EREAS, the cost thereof to the County as to each parcel shall be calculated and reported to the Board of County Commissioners, together with a description of said parcel; and ~EREAS, such assessment shall be a legal, valid and binding obligation upon the property against which made until paid; and ~EREAS, the assessment shall become due and payable thirty days after the mailing of Notice of Assessment after which interest shall accrue at a rate of twelve percent (12.0%] per annum on any unpaid portion thereof. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUITTY CO..~M..ISSIO}~RS OF COLLIER CObTTT%', FLORIDA, that the property described as follows, and having been abated of a public nuisance after due and prcper notice thereof to the owner of said property, is hereby assessed the following costs of such abatement, to wit: Benito F Recio Fresno 19 Colonia Chimalistac CP 01070 Mexico, DF Mexico AL Lot 24 Block 31 of Marco Beach $245.00 Unit ON~ a Subdivision according to the Plat thereof, recorded in Plst Book 6, Page 9-16, of the Public Records of Collier County, Florida. REFERENCE: 60829-036 #56679880003 The Clerk of the Board shall mail a notice of assessment of lien to the owner or owners of the above described property, and if such owner fails to pay such assessment within thirty (30} days hereof, a certified copy of this Resolution shall be recorded in the official records of Collier County, to constitute a lien against such property according to law, unless such direction is stayed by this Board upon appeal of the assessment of the owner. This Resolution adopted after motion, second and majority vote. DATED: ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNT~, FLORIDA APPROVED AS TO FORM A~qD LEGAL SUFFICIENCY: DAVID WEIGEL ' COUNTY ATTORNEY CSce 11 - 1/97 BY: TIHOTHY L. HARCOCK, CHAIRMAN AG£NDA ITEM. FEB 2 5 1997 EXECUTIVE SUMMARY LIEN RESOLUTION - CODE ENFORCEMENT CASE NO. 60830-074 RECORD OW/~ER HER/~AN SCHUMACHER & ILSE SCHUMACHER OBJECTIVE Board to accept report and adopt Resolution assessing a lien against the parcel in order to recover public funds expended to effect the abatement of a public nuisance at this location, all as provided for in Ordinance 91-47, the Collier County Weed, Litter and Plant Control Ordinance. ~ONSIDERATION Case Summary: a. Violation determination b. Notice of Violation served c. Verification of unabated nuisance d. Nuisance abated with public funds e. Owner invoiced for costs F_ISCAL IMPACT 08/29/96 09/18/96 10/0~/96 10/10/96 10/~8/96 Reimbursement of $245.00 may be anticipated by voluntary action or foreclosure. gROWTH MANAGEMENT IMPACT Not applicable. ~ECOMI~ENDATION That the Board of County Commissioners adopt the Resolution. PREPARED BY: APPROVED BY: Vincent A. Cautero, Administrator Commu_nity Dev. & Environmental Svcs. FEB :8 5 1997 BO~O~D OF COUNTY COI~4ISSIONERS COLLIER CO~T¥, FLORIDA LEGAL NOTICE OF ASSESSMENT OF LIEN Herman Schumacher & Ilse Schumacher Becketrassee 53 D 6100 Darmstadt Germany DATE: REFERENCE 60830-074 #36430400008 I.TEH HIJ~RE9: LEGAL DE£C~TPTIOH: Lots 10 Block 230 Unit 7 Part GOLDEN GATE acco=ding to plat thereof recorded in Plat Book 5, Page 135 thru 146, inclusive, of the Public Records of Collier County, Florida. You, as the owner of the property above described, as recorded in the :ecc:!s ma:=.ia;ned b)' the office o£ the Fropert%' Ar, praiser, are h.?~eby a~'.';~>:'t that the Cc~.[,!;anffe £ervlces Manager° d~d on 9/3/96, or'!er the anat.?Tent %f a certain r,~:~ance e×lstlnq On the a~ove prcpert~' [roh~hlte;f t7 2r~:nance 91-4~, ser'.'~t7 not,ce thereof uSsn Vou, such mu:sanTo beinG: Prohibited accumulation of non-protected mowable vegetation in excess of 18" ~n height in a subdivision other than Golden Gate Estates. ':'cu f~ie:i to at,re such ntlls:~t\Je; ¥:!,e:~;~3~° it was abated b7 the e:.:O~r.::t ;r~ -f Fu~i:c fur. ds ~t n :;re~t tost nf $45.00 and adm:n~stratzve cas: cf $200.00 for a :c:nl :f $245.00. ~uch costs, b7 Pesalut:on cf :he 5Tara ~f Count7 Ccmmiss;~ners cf Collier County, Florlda, have been assesse~ aTalnst the above ~rc~erty on and shall hecome a ilen cn the property thirty Iaa! days after such assessment. You ~a%' request a hearlng before the Board of County Commissioners to snc~.~ ~a,;se, : f anT, why the expenses ar.ri charges incurred by the County under this Ordinance are unwarranted or excessive or why such expenses should not constitute a lien against the property. Such request for hearing must be made to the Clerk of the Board of CDunty Cam,missioners, Gc';ernment Center, Haples, ~lcrida 34112 in writing wlthin thirty (30! days fram the date of this assessment to be valid. CLEPK, BOARD OF COUtlTY CC.:.IHISSIOHEgS CSce 9- 1/93 AGEND T FEB g 5 1997 I RESOLUTION NO. 97- A RESOLUTION OF THE BOARD OF CObT;TY COMMISSIONERS PROVIDING FOR ASSESSMENT OF LIEN0 FOR THE COST OF THE ABATEMENT OF PUBLIC t~UISANCE0 IN ACCORDANCE WIT)! ORDINANCE 91-47. ~EREAS, as provided in Ordinance 91-47, the direct costs of abatement of certain nuisances, including prescribed administrative cost incurred by the County, shall be assessed against such property; and ~{EREAS, the cost thereof to the County as to each parcel shall be calculated and reported to the Board of County Commissioners, together with a description of said parcel; and WHEREAS, such assessment shall be a legal, valid and binding obligation upon the property against which made until paid; and ~EREAS, the assessment shall become due and payable thirty days after the mailing of Notice of Assessment after which interest shall accrue at a rate of twelve percent (12.0%) per annum on any unpaid portion thereof. NCW, THEREFORE, BE IT RESOLVED BY THE BOARD OF CO~TY COMMISSIONERS OF COLLIER CO~:TY, FLORIDA, that the property described as follows, and having been abated of a public nuisance after due and prcper notice thereof to the owner of said property, is hereby assessed the follow:ns costs of such abatement, to wit: NAME: LEGAL DESCR ON. COST Herman Schumacher & Ilse Schumacher Beckstrassee 53 D ~100 Darmstadt Germany REFERENCE: 60830-074 #36430400008 Lots 10 Block 230 Unit 7 Part GOLDEN GATE according to plat thereof recorded in Plat Book 5, Page 135 thru 146, inclusive, of the Public Records of Collier County, Florida. $245.00 The Clerk of the Board shall mail a notice of assessment of lien to the owner or owners of the above described property, and if such owner fails to pay such assessment within thirty (30) days hereof, a certified copy of this Resolution shall be recorded in the official records of Collier County, to constitute a lien against such property according to law, unless such direction is stayed by this Board upon appeal of the assessment of the owner. This Resolution adopted after motion, second and majority vote. DATED: ATTEST: DWIGHT E. BROCK. CLERK BOARD OF COUNTY COMMISSIONERS COLLIER CO~4TY, FLORIDA APPROVED AS TO FORM AND LEGAL SUFFICIENCY: COU~IT¥ ATTORNEY CSce 11 - 1/96 BY: TIMOTHY L. HANCOCK, CHAIRMAN AG N Al ~' FEB 5 1997 OBJE_____~CTIVE Board to accept report and adopt Resolution assessing a lien against the parcel in order to recover public funds expended to effect the abatement of a public nuisance at this location, all as provided for in Ordinance 91-47, the Collier County Weed, Litter and Plant Control Ordinance. ~ONSIDERATIO____~N Case Summary: a. Violation determination b. Notice of Violation served c. Verification of unabated nuisance d. Nuisance abated with public funds e. Owner invoiced for costs 09/11/96 09/17/96 10/10/96 10/26/96 11/01/96 FISCAL IMPACT Reimbursement of '$245.00 may be anticipated by voluntary action or foreclosure. GROWTH 5U%NAGEMENT IMPACT Not applicable. RECOM}~ENDATION That the Board of County Commissioners adopt the Resolution. PREPARED BY: Virginia Pack SENIOR CUSTOMER SERVICE REPRESENTATIVE APPROVED BY: Vincent A. Cautero, Administrator Conununity Dev. & Environmental Svcs. DATE: FEB Z 5 1997 BOARD OF COUNTY COM~4ISSIONERS COLLIER COUNTY, FLORIDA LEGAL NOTICE OF ASSESSMENT OF LIEN Rose L Castes1 5429 Fourth Ave Ft Myers, FL 33907 DATE: REFERENCE 60905-042 #618400800009 LIEr~ ~UMBER: LEGAL DESCRIPTION: Lot No. 21, Tarpon Mobile Homes, more particulsrly described as follows= Beginning at the NE, corner of Lot 100 of Naples Groves and Truck Co.'s Little Farms No. 2, according to plat in Book 1, page 27, Public Records of Collier County, Florida. Thence N. 89e26'40# W. 120 feet to Point of Beginning, thence S. 0°09'00. W. 139.0 fee=, thence S. 89026'40" E. 60.0 feet, thence N. 0°09'00" E. 139.0 feet, thence N. 89°26'40" W. 60.0 feet to Point of Beginning. You, as the owner of the property above described, as recorded in the records maintained by the office of the Property Appraiser, are hereby advised that the Compliance Services Manager, did on 9/12/96, order the abatement of a certain nuisance existing on the above property prohibited by Ordinance 91-47, serving notice thereof upon you, such nuisance being: Prohibited accumulation of non-protected mowa~lt vegetation in excess of 18" in height in a subdivision other than Golden Gate Estates. You failed to abate such nuisance; whereupon, it was abated by the expenditure cf public funds at a direct cost of $45.00 and administrative cost of $200.00 for a total of $245.00. Such costs, by Resolution of the Board of County Commissioners of Collier County, Florida, have been assessed against the above property on and shall become a lien on the property thirty (30) days after such assessment. You may request a hearing before the Board of County Co~missioners to show cause, if any, why the expenses and charges incurred by the County under this Ordinance are unwarranted or excessive or why such expenses should not constitute a lien against the property. Such request for hearing must be made to the Clerk of the Board of County ComMissioners, Government Center, Naples, Florida 34112 in writing within thirty days from the date of this assessment to be valid. CLERK, BOARD OF COUNTY COMMISSIONERS CSce 9- 1/93 FEB 2 5 1991 RESOLUTION NO. 97- A RESOLUTION OF T){E BOARD OF COIRITY COMMISSIONERS PROVIDING FOR ASSESSMENT OF LIEN, FOR THE COST OF THE ABATEMENT OF PUBLIC NUISANCE, IN ACCORDANCE WITH ORDINANCE 91-47. ~EREAS, as provided in Ordinance 91-¢7, the direct costs of abatement of certain nuisances, including prescribed administrative cost incurred by the County, shall be assessed against such property; and WHEREAS, the cost thereof to the County as to each parcel shall be calculated and reported to the Board of County Commissioners, together with a description of said parcel; and WHEREAS, such assessment shall be a legal, valid and binding obligation upon the property against which made until paid; and ~EREAS, the assessment shall become due and payable thirty days after the mailing of Notice of Assessment after which interest shall accrue at a rate of twelve percent (12.0%} per annum on any unpaid portion thereof. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COU~JTY COMMISSIOneRS OF COLLIER CO~4TY, FLORIDA, that the property described as follcws, and having been abated of a public nuisance after due and proper notice thereof to the owner of said property, is hereby assessed the following costs of such abatement, to wit: Ross L Castssl 5429 Fourth Ava Ft Myers, FL 33907 Lot No. 21, Tarpon Mobile ~omes, $245.00 more particularly described as follows~ Beginning at the N~, corner of Lot 100 of Naples ~roves and Truck Co.'s Little Far~s No. 2, according to plat in Book 1, page 27, Public Records of Collier County, Florida. Thence N. 89"26'40" W. 120 feet to Point of Beginning, thence S. 0"09'00" W. 139.0 feet, thence S. 89"26'40" E. 60.0 feet, thence N. 0"09'00" E. 139.0 feet, thence N. 89'26'40" W. 60.0 feet to Point of Beginning. 60905-042 #61840080009 The Clerk of the Board shall mail a notice of assessment of lien to the owner or owners of the above described property, and if such owner fails to pay such assessment within thirty (30) days hereof, a certified copy of this Resolution shall be recorded in the official records of Collier County, to constitute a lien against such property according to law, unless such direction is stayed by this Board upon appeal of the assessment of the owner. This Resolution adopted after motion, second and majority vote. DATED: ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA APPROVED AS TO FORM AND LEGAL SUFFICIENCY: D;%VID WEIGEL COUNTY ATTORNEY TIMOTHY L. H~dgCOCK, C~ AGE I FEB 2, 5 1997 P~. ~ EXECUTIVE SUMMARY LIEN RESOLUTION - CODE ENFORCEMENT CASE NO. 60905-052 RECORD OWNER - KATY E MULLEN ESTATE OBJECTIVE Board to accept report and adopt Resolution assessing a lien against the parcel in order to recover public funds expended to effect the abatement of a public nuisance at this location, all as provided for in Ordinance 91-47, the Collier County Weed, Litter and Plant Control Ordinance. CONSIDERATION Case Summary: a. Violation determination b. Notice of Violation served c. Verification of unabated nuisance d. Nuisance abated with public funds e. Owner invoiced for costs 09/06/96 09/12/96 10/1~/96 10/23/96 10/31/96 FISCAL IMPACT Reimbursement of $245.00 may be anticipated by voluntary action or foreclosure. GROWTH MANAGEMENT IMPACT Not applicable. RECOM/~ENDATION That the Board of County Commissioners adopt the Resolution. PREPARED BY: ck OMER SERVICE REPRESENTATIVE APPROVED BY: Vincent A. Cautero, Administrator Conununity Dev. & Envirornnental Svcs. DATE: AGLN FEB Z 5 1997 Pl. ~ BOARD OF CO~TY CO~4ISSIONERS COLLIER COUNTY, FLORIDA LEGAL NOTICE OF ASSESS~NT OF LXEN Katy E Mullah Estate % Donna Atkins, EXE 1234 White Oak Stamping Ground, KY 40379 DATE: REFERENCE 60905-052 #36447400004 LIEN NUMB£R: LEGAL DESCRIPTION: Lot 4, Block 252, Unit 7, Golden Gate, according to the plat thereof recorded in Plat Book 5, Page 143 of the Public Records of Collier County, Florida. You, as the owner of the property above described, as recorded in the records maintained by the office of the Property Appraiser, are hereby advised that the Compliance Services Hanager, did on 9/9/96, order the abatement of a certain nu:sance existing on the above property prohibited by Ordlnanze ~1-4", serving notice thereof upon you, such nuisance being: Prohibited accumulation of non-protected mowable vegetation in excess of 18" in height in a subdivision other than Golden Gate Estates. You failed to aha~e such nuisance: ~hereupon, it was abated by the e×~endlture of ~ublic funds at a direct cost of $45.00 and administrative cost cf $200.00 for a total cf $245.00. Such costs, by Resolution of the Board of County Cot.missioners of Collier'County, Florida, have been assessed against the aboue property on and shall become a lien cn the property thirty i30) days after such assessment. You may request a hearing before the Board of County Com,~issioners to show cause, if any, why the e×~enses and charges incurred by the County under this Ordinance are unwarranted or excessive or why such expenses should not constitute a lien against the property. Such request for hearing must be made to the Clerk of the Board of County Commissioners, Government Center, Naples, Florida 34112 in writing within thirty [30) days from the date of this assessment to be valid. CLERK, BOARD OF COUNTY COHMISSIONERS CSce q- l/~] FEB 2, 5 19 7 R£~OLUTION N~. 57- A RESOLUTIO:; OF TIlE BOARD OF COII::TY C¢,.'C.IISSIONERS I;RGVIDING FOR ASSESS~.;E;:T OF LIEN, FOR TIlE COST OF TIlE ABATEr-~E,'IT OF PUBLIC I;U~SANCE0 IN ACCORDANCE WXTIt ORDINANCE 91-47. WiiEREAS, as provided in Ordinance 91-47, the direct costs of abatement of certain nuisances, including prescribed administrative cost incurred by the County, shall be assessed against such property; and :':HEREAS, the cost thereof to the County as to each parcel shall be calculated and reported to the Board of County Commissioners, together w~th a description of said parcel; and :*:HEREAS, such assessment shall be a legal, valid and binding obligation ripen t}%e property against which made until paid; and ~:tlEREAS, the assessment shall become due and payable thirty (30) days after the mailing of Notice of Assessment after which interest shall accrue at a rate of twelve percent 132.~%) per annum on any unpa:d ~ct finn thereof. ::t;4, Ti{£REFO~E, BE IT RESOLVED BY TIlE BOAgD OF COIR:TY C5:.~:.:2SSiC::ERS GF COLLIER COUNTY, FLORIDA, that the property described as follows, and having keen abated of a public nuisance after due and proper not:ce thereof to the owner of said property, is hereby assessed the fo!lowing costs of such abatement, to wit: NA.ME :. LEGALDE_.SCR i PTi ONL CO~T Katy E Mullen Estate % Donna Atkins, EXE 1234 k~ite Oak Stamping Ground, KY 40379 Lot 4, Block 252, Unit 7, Golden $245.00 Gate, according to the plat thereof recorded in Plat Book 5, Page 143 of the Public Records Of Collier County, Florida. 60905-052 #36447400004 The Clerk of the Board shall mail a notice of assessment of lien to the owner or owners of the above described property, and if such owner fails to pay such assessment within thirty (30} days hereof, a certified copy of this Resolution shall be recorded in the official records of Collier County° to constitute a lien against such property according to law, unless such direction is stayed by this Board upon appeal of the assessment of the owner. This Resolution adopted after motion, second and majority vote. DATED: ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COtINTY CO~:t~ISSIONERS COLLIER COUNTY, FLORIDA APPROVED AS TO FORM AND LEGAL SUFFICIENCY: COUNTY ATTORNEY CSce 11 - 1/97 BY: TIHOTllY L. HANCOCK, CHAIRMAN AGEND~ IT.E~ ! ZL FEB 2, 5 1997 PI~. ~ EXECUTIVE SUMMARY LIEN RESOLUTION - CODE ENFORCEMENT CASE NO. 60911-028 RECORD OWNER - ZBIGNIEW TOMSZAY & DORILA M TOMSZAY OBJECTIVE Board to accept report and adopt Resolution assessing a lien against the parcel in order to recover public funds expended to effect the abatement of a public nuisance at this location, all as provided for in Ordinance 91-47, the Collier County Weed, Litter and Plant Control Ordinance. CONSIDERATION Case Summary: a. Violation determination b. Notice of Violation served c. Verification of unabated nuisance d. Nuisance abated with public funds e. Owner invoiced for costs 09/09/96 09/18/96 10/28/96 11/06/96 11/14/96 FISCAL IMPACT Reimbursement of $245.00 may be anticipated by voluntary action or foreclosure. GROWTH MANAGEMENT IMPACT Not applicable. RECOM/~ENDATION That the Board of County Commissioners adopt the Resolution. PREPARED BY: Virginia Pack SENI0~/CUSTOMER SERVICE REPRESENTATIVE DATE: APPROVED BY: Community Dev. a Environmental Svcs. DATE: FEB 2 5 1991 PI- ~ ....~ BOARD OF COUNTY COM~LISSION'ERS COLLIER COUNTY, FLORIDA LEGAL NOT~CE OF ASSESSMENT OF L~EN Zbigniew Tomszay & Dorila M Tomszay Apartado 6728 Carmelitas Caracas Venezuela REFERENCE 60911-028 LEGAL DESCRIPTION: DATE: #59029560006 LI£N NUMB£R: Lot 15, Block 795, of a REPLAT OF A PORTION OF MARCO BEACH UNIT TWENTY-FIVE, according to the Plat thereof0 recorded in Plat Book 12, Pages 86 - 89, of the Public Records of Collier County, Florida. You, as the owner of the property above described, as recorded in the records maintained by the office of the Property Appraiser, are hereby advised that the Compliance Services Manager, did on 9/11/96, order the abatement of a certain nuisance existing on the above property prohibited by Ordinance 91-47, serving notice thereof upon you, such nu:sance belng: Prohibited accumulation of non-protected mowable vegetation in excess of 18" in height in a subdivision other than Golden Gate Estates. You failed to abate such nuisance; whereupon, it was abated by the expenditure of public funds at a direct cost of $45.00 and administrative cost of $200.00 for a total of $245.00. Such costs, by ~esolution of the Board of County Commissioners of Collier County, Florida, have been assessed against the above property on and shall become a lien on the property thirty [30) days after such assessment. You may request a hearing before the Board of County Commissioners to show cause, if any, why the expenses and charges incurred by the County under this Ordinance are unwarranted or excessive or why such expenses should not constitute a lien against the property. Such request for hearing must be made to the Clerk of the Board of County Commissioners, Government Center, Naples, Florida 34112 in writing within thirty days from the date of this assessment to be valid. CLERK, BOARD OF COUNTY COMHISSIONERS CSce 9- 1/93 RESOLUTION NO. 97-~ A RESOLUTION OF T~E BOARD OF COL~ COMMISSIONERS PROVIDING FOR ASSESSMENT OF LIEN, FOR THE COST OF THE ABATEMENT OF PUBLIC NUISANCE, IN ACCORDANCE WITH ORDINANCE 91-47. WHEREAS, as provided in Ordinance 9X-47, the direct costs of abatement of certain nuisances, including prescribed administrative cost incurred by the County, shall be assessed against such property; and ~gEREA.~, the cost thereof to the County as to each parcel shall be calculated and reported to the Board of County Commissioners, together with a description of said parcel; and ~EREAS, such assessment shall be a legal, valid and binding obligation upon the property against which made until paid; and ~'KEREAS, the assessment shall become due and payable thirty (30) days after the mailing of Notice of Assessment after which interest shall accrue at a rate of twelve percent (12.0%) per annum on any unpaid portion thereof. NOW, TNEREFORE, BE IT RESOLVED BY T~E BOARD OF COU~ CO,~MISSIONERS OF COLLIER COtrNTy, FLORIDA, that the property described as follows, and having been abated of a public nuisance after due and proper notice thereof to the owner of said property, is hereby assessed the following costs of such abatement, to wit: Zbi~niew Tomszay & Dorila M Tomszay Apartado 6728 Carmelitas Caracas, Venezuela 60911-028 #59029560006 Lot 15, Block 795, of A REPLAT OF $245.00 A PORTION OF MARCO BEAC~ UNIT TWENTY-FIVE, according to the Plat thereof, recorded in Plat Book 12, Pages 86 - 89, of the Public Records of Collier County, Florida. The Clerk of the Board shall mail a notice of assessment of lien to the owner or owners of the above described property, and if such owner fails to pay such assessment within thirty (30) days hereof, a certified copy of this Resolution shall be recorded in the official records of Collier County, to constitute a lien against such property according to law, unless such direction is stayed by this Board upon appeal of the assessment of the owner. This Resolution adopted after motion, second and majority vote DATED: · ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA APPROVED AS TO FORM AND .LEGA/~ SUFFICI£NCY ',.~--q~KVID WEIGEL COUNTY ATTORNEY CSce 11 - 1/97 BY: TIMOTHY L. HANCOCK, CHAIRMAN FEB 5 1997 EXECUTI UMMAR¥ LIEN RESOLUTION - CODE ENFORCEMENT CASE NO. 60913-048 RECORD OWNER - THOMAS SANZALONE ET UX OBJECTI~ Board to accept report and adopt Resolution assessing a lien against the parcel in order to recover public funds expended to effect the abatement of a public nuisance at this location, all as provided for in Ordinance 91-47, the Collier County Weed, Litter and Plant Control Ordinance. CONSIDERATION Case Summary: a. Violation determination b. Notice of Violation served c. Verification of unabated nuisance d. Nuisance abated with public funds e. Owner invoiced for costs FISCAL IMPACT 09/2?/96 ~0/04/96 10/30/96 Reimbursement of $245.00 may be anticipated by voluntary action or foreclosure. GROWTH MANAGEMENT IMPACT Not applicable. RECOM~ENDATIO That the Board of County Commissioners adopt the Resolution. PREPARED BY: Virginia Pack SENIO~ CUSTOMER SERVICE REPRESENTATIVE Vincent A. Cautero, Administrator Community Dev. & Environmental Svcs. , '? I°;%, / DATE: ~ DATE: AGE I -- FEB P., 5 1997 PI. ~ BOAP~ OF COUNTy COH24~SS~O~ERS COLLIER COUNTY, FLO~D~ LEGAL NOT~C£ OF ASSESSHENT OF L~£N Thomas Sanzalone ET UX DATE: 18297 Grace Ave Port Charolette, FL 33948 REFERENCE 60913-048 #62256800005 LI£N NUMB£R: LEGAL DESCPIPTICN: Lot 5, Block 8, NAPLES MANOR LAKES according to the Plat thereof on file and recorded in the Public Records of Collier county, Florid&. PB 3. Pages 86 and 87. Subject to reservations, restrictions and limitations of record. Three-fourths oi10 gas and mineral rights reservations. You, as the Owner of the property above described, as recorded in the records maintained hy the off~ce of the Property Appraiser, are hereby a.~'.'~s.~J that the Cnmpliance Ser~'Ices Manager, dld on 9/30/96, or,er the aDatemen~ ~f a certa:n nuisance existing on the above property [rchlbite~ t~. Cr~inance 91-47, ser%.:~g not~ce thereof t:~cn ~'ou, such nuisance being: Prohibited accumulation of non-protected mowable Vegetation in excess of 18" in height in a subdivision other than Golden Gate Estates. You f~l!ed t? abate such nt;:sa~e; ~';he:e~:pcn, It was abated by the e×~endlture cf pu~]ic fun~ts at a ¢!:rect rest cf $45.00 and administrative c~st cf $200.00 for a total cf $245.00. Such costs, by Resolution cf the ~sar~ of Count}. Ccr~issloners cf Coil:er County, Florida, have been assessed a~a~nst the atc'.'e ~rcuert~. cn and shall become a lien tn the ~rcperty thlrt), 13(,I days after such assessment. You may request a hearing before the Board of County Com.~issioners to show cause, if any, why the expenses and charges ~ncurred by the Count}, under this Ordinance are unwarranted or excessive or why such expenses should not constitute a lien against the property. Such request for hearing must be made to the Clerk of the Board of County Commissioners, Government Center, Naples, Florida 34112 in writing within thirty (30) days from the date of this assessment to be valid. CLERK, BOARD OF COUNTY COMMISSIONERS C£ce 9- 1/93 FEE) 2 1997 P~. ~.~ RESOLUTION NO. 97- A RESOLUTION OF THE BOARD OF COUN~ COMMISSIONERS PROVIDING FOR ASSESSMENT OF LIEN, FOR THE COST OF THE ABATEMENT OF PUBLIC NUISANCE, IN ACCORDANCE WITH ORDINANCE 91-47. WHEREAS, as provided in Ordinance 91-47, the direct costs of abatement of certain nuisances, including prescribed administrative cost incurred by the County, shall be assessed against such property; and WHEREAS, the cost thereof to the County as to each parcel shall be calculated and reported to the Board of County Commissioners, together with a description of said parcel; and WIiEREAS. such assessment shall be a legal, valid and binding obligation upon the property against which made until paid; and WHEREAS, the assessment shall become due and payable thirty days after the mailing of Notice of Assessment after which interest shall accrue at a rate of twelve percent (12.0%) per annum on any unpaid portion thereof. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNT'f COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the property described as follows, and having been abated of a public nuisance after due and proper notice thereof to the owner of said property, is hereby assessed the following costs of such abatement, to wit: ~ ~£GA~ COST Thomas Sanzalone ET U~ Lot 5, Block 8, NAPLES MAI~OR $245.00 18297 Grace Ave LAKES according to the Plet thereof Port Charolette, FL on file and recorded in the Public 33948 Records of Collier County, Florida. PB 3. Pages 86 and 87. Subject ~o reservations, restrictions and limitations of record. Three-fourths oil, gel end mineral rights reservationl. 60913-048 #62256800005 The Clerk of the Board shall mail a notice of assessment of lien to the owner or owners of the above described property, and if such owner fails to pay such assessment within thirty {30) days hereof, & certified copy of this Resolution shall be recorded in the official records of Collier County, to constitute a lien against such property according to law, unless such direction is stayed by this Board upon appeal of the assessment of the owner. This Resolution adopted after motion, second and majority vote. DATED: ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, CLERK COLLIER COUITTY, FLORIDA APPROVED AS TO FORM .~gl'lB} LEGAL SUFFICIENCY: i((_.DAVID WEIGEL COUNTY ATTORNEY CSce 11 - 1/97 BY: TIMOTHY L. }{ANCOCK, CIiAIP~ AGEN DA.I**I;EM. FEB 2 5 1997 EXECUTTV~ LIEN RESOLUTION - CODE ENFORCEMENT CASE NO. 60913-049 RECORD OW~TER - KELLY ANN MOKN JAMES 0 MOHN II OBJECTIVK Board to accept report and adopt Resolution assessing a lien against the parcel in order to recover public funds expended to effect the abatement of a public nuisance at this location, all as provided for in Ordinance 91-47, the Collier County Weed, Litter and Plant Control Ordinance. CONSIDERATION Case Summary: a. Violation determination b. Notice of Violation served c. Verification of unabated nuisance d. Nuisance abated with public funds e. Owner invoiced for costs FISCAL IMPACT 09/~7/96 09/21/96 ~0/18/96 11/26/96 12/12/96 Reimbursement of $1640.00 may be anticipated by voluntary action or foreclosure. GROWTH MANAGEMENT IMPACT Not applicable. RECOM~4ENDATION That the Board of County Commissioners adopt the Resolution. PREPARED BY: APPROVED BY: Vincent A. Cautero, Administrator Community Dev. & Environmental Svcs. DATE- FEB 2 5 1997 Pg., / BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA LEGAL NOTICE OF ASSESSMENT OF LIEN Kelly Ann Mohn James O Mohn II 2240 E Easton Rd Creston, OH 44217 DATE: REFERENCE 60913-049 #62256680005 LEGAL DESCRIPTION: LIEIJ NUMBER: Lots 2, Block 8, NAPLES MANOR LAKES, according to the plat thereof, on file and recorded in the Public Records of Collier County, Florida, Plat Book 3, Pages 86 and 87. You, as the owner of the property above described, as recorded in the records maintained by the office of the Property Appraiser, are hereby advised that the Compliance Services Hanager, did on 9/18/96, order the abatement of a certain nuisance existing on the above property prohibited by Ordinance 91-47, serving notice thereof upon you, such nuisance being: Accumulation of prohibited exotics on unimproved land located within 200' of improved, subdivided property. Ycu failed to abate such nuisance; whereupon, it was abated by the expenditure of public funds at a direc% cost of $1440.00 and administrative cost of $200.00 for a total of $1640.00. Such costs, by Resc!ution of the Board of County Commissioners of Collier County, Florida, have been assessed against the above property on and shall become a lien on the property thirty (30) days after such assessment. You may request a hearing before the Board of County Commissioners to show cause, if any, why the expenses and charges incurred by the County under this Ordinance are unwarranted or excessive or why such expenses should not constitute a lien against the property. Such request for hearing must be made to the Clerk of the Board of County Commissioners, Government Center, Naples, Florida 34112 in writing within thirty (30) days from the date of this assessment to be valid. CLERK, BOARD OF COUNTY COMMISSION£RS CSce 9- 1/93 AG£NOA ITEM. FEB 2 5 1997 P~. ~~ BOARD OF COUNTY CO~4ISSIONERS COLLIER COUNTY, FLORIDA LEGAL NOTICE OF ASSESSMENT OF LIEN Kelly Ann Mohm James O Mohn II 2240 E Easton Rd Creston, OH 44217 REFERENCE 60913-049 LEGAL DESCRIPTION: DATE: #62256680005 LIEN t~UMBER: FEB 2 5 1997 P~. ~ Lots 2, Block 8, NAPLES MANOR LAKES, according to the pl&t thereof, on file and recorded in the Public Records of Collier County, Florida, Plat Book 3, Pages 86 and 87. You, as the owner of the property above described, as recorded in the records maintained by the office of the Property Appraiser, are hereby advised that the Compliance Services Manager, did on 9/18/96, order the abatement of a certain nuisance existing on the above property prohlblted by Crdinance 91-47, serving notice thereof upon you, such nuisance being: Accumulation of prohibited exotics on unimprove4 land located within 200' of improved, subdivided property. Brazilian pepper hedges & 2-4 Australian pine trees You failed to abate such nuisance; whereupon, it was abated by the expenditure of public funds at a direct cost of $1440.00 and administrative cost of $200.00 for a total of $1640.00. Such costs, by Resolution of the Board of County Commissioners of Collier County, Florida, have been assessed against the above property on and shall become a lien on the property thirty (30) days after such assessment. You may request a hearing before the Board of County Co~missioners to show cause, if any, why the expenses and charges incurred by the County under this Ordinance are unwarranted or excessive or why such expenses should not constitute a lien against the property. Such request for hearing must be made to the Clerk of the Board of County Commissioners, Government Center, Naples, Florida 34112 in writing within thirty (30) days from the date of this assessment to be valid. CLERK, BOARD OF COUNTY COMMISSIONERS CSce 9- 1/93 PF. SOI,UTIO:I NO. ~7- A RESOLUTION OF TIlE BOARD OF COUNTY CO,',I:4ISSION£RS PROVIDING FOR ASSESSMENT OF LIEN. FOR THE COST OF TIlE ABATEMENT OF PUBLIC NUISANCE, IN ACCORD;d~CE WITH ORDINANCE 91-47. WHEREAS, as provided in Ordinance gl-4?, the direct costs of abatement of certain nuisances, including prescribed administrative cost Incurred by the County. shall be assessed against such property; and WHEREAS. the cost thereof to the County as to each parcel shall be calculated and reported to the Board of County Commissioners, together with a description of sa~d parcel; and WHEREAS, such assessment shall be a legal, valid and binding obligation upon the property against which made until paid; and WHEREAS, the assessment shall become due and payable thirty days after the mailing of Notice of Assessment after which interest shall accrue at a rate of twelve percent (12.0%) per annum on any unpaid portion thereof. NOW, THEREFORE. BE IT RESOLVED BY TIlE BOARD OF CO~TY COMMTSSIG::ERS OF COI,I,[ER C~UNTY, FI.ORIDA, that the property described as follows, and havin9 been a~ated of a public nuisance after due and proper notice thereof to the owner of said property, is hereby assessed the following costs of such abatement, to wit: NAME Kelly Ann Mohn James 0 Mohn II 2240 E Easton Rd Creston, OH 44217 REFERENCE: 60913-049 #62256680005 ~EGAL DESCRIPTION[ Lots 2, Block 8, NAPLES MANOR LAKES, according to the plat thereof, on file and recorded in the Public Records of Collie~ County, Florida, Plat Book 3, Pages 86 and 87. COST $1640.00 The Clerk of the Board shall mail a notice of assessment of lien to the owner or owners of the above described property, and if such owner fails to pay such assessment within thirty (30] days hereof, a certified copy of this Resolution shall be recorded in the official records of Collier County, to constitute a lien against such property according to law, unless such direction is stayed by this Board upon appeal of the assessment of the owner. This Resolution adopted after motion, second and majority DATED: ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, CLERK COLLIER COUNTY. FLORIDA DY: TIMOTIIY L. IIANCOCK, CHAIRMAN APPROVED AS TO FORM AND LEGAL SUFFICIENCY: ¢../,,,,, .__. DAVED WE~GEL COUNTY ATTORNEY CSce 11 - 1/97 EXECUTIVE SUMMARY LIEN RESOLUTION - CODE ENFORCEMENT CASE NO. 60919-043 RECORD OWNER - DANIEL R MEYER TR OBJECTIVE Board to accept report and adopt Resolution assessing a lien against the parcel in order to recover public funds expended to effect the abatement of a public nuisance at this location, all as provided for in Ordinance 91-47, the Collier County Weed, Litter and Plant Control Ordinance. CONSIDERATION Case Summary: a. Violation determination b. Notice of Violation served c. Verification of unabated nuisance d. Nuisance abated with public funds e. Owner invoiced for costs FISCAL IMP%C__T 09/27/96 10/0S/96 10/30/96 11/07/96 Reimbursement of $290.00 may be anticipated by voluntary action or foreclosure. GROWTH F~tNAGEMENT IMPACT Not applicable. RECOM~4EN-DATION That the Board of County Commissioners adopt the Resolution. PREPARED BY: Vir SENIOR CUSTOMER SERVICE REPRESENTATIVE APPROVED BY: Vincent A. Cautero, Administrator Community Dev. & Environmental Svcs. DATE: FEB g 5 1997 P~. ~ BOARD OF COUNTY COM~ZSSIONERS COLLIER COUNTy, FLORZDA LEGAL NOTIC£ OF ASSESS~NT OF LIEN Daniel R Hayer TR 3002 A Bayside Dr Indianapolis, IN 46214 DATE: REFER£NCE 60919-043 #81070440004_ LIEN NUMB£R: L£GAL DESCRIPTION: LOT 16 and 17, W;%LK~R'S SUBDIVISION, according to the plat thereof recorded in Pl&t Book 1, Page 36, of the Public Records of Collfer County, Florida, You, as the owner of the property above described, as recorded in the records maintained by the office of the Property Appraiser, are hereby advised that the Compliance Services Manager, did on 9/30/96, order the abatement of a certain nuisance existing on the above property prohibited by Ordinance 91-47, serving notice thereof Upon you, such nuisance being: Prohibited accumulation o£ non-protected mowa~le vegetation in excess of 18" in height in a subdivision other than Golden Gate Estates. You failed to abate such nuisance; whereupon, it was abated by the expenditure of public funds at a direct cost of $90.00 and administrative cost of $200.00 for a total of $290.00. Such costs, by Resolution of the Board of County Commissioners of Collier County, Florida, have been assessed against the above property on and shall become a lien on the property thirty (30l days after such assessment. You may request a hearing before the Board of County Commissioners to show cause, if any, why the expenses and charges incurred by the County under this Ordinance are unwarranted or excessive or why such expenses should not constitute a lien against the property. Such request for hearing must be made to the Clerk of the Board of County Commissioners, Government Center, Naples, Florida 34112 in writing within thirty days from the date of this assessment to be valid. CLERK, BOARD OF COUNTY COMMISSIONERS CSce 9- 1/93 AGE I FEB 2 5 1997 RESOLUTION NO. 97- A RESOLUTION OF THE BOARD OF COUNTY COMMiSSiONERS PROV~DZNG FOR ASSESSMENT OF L~EN, FOR THE COST OF THE ABATEMENT OF PUBLIC NUISANCE, IN ACCORDANCE WITH ORDIN~;CE 91-47. WHEREAS, as provided in Ordinance 91-47, the direct costs of abatement of certain nuisances, including prescribed administrative cost ~ncurred by the County, shall be assessed against such property; and WHEREAS. the cost thereof to the County as to each parcel shall be calculated and reported to the Board of County Commissioners, together with a description of said parcel; and WHEREAS, such assessment shall be a legal, valid and binding obligation upon the property against which made until paid; and WHEREAS. the assessment shall become due and payable thirty days after the mailing of Notice of Assessment after which interest shall accrue at a rate of twelve percent (12.0%) per annum on any unpaid portzcn thereof. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the property described as follows, and having been abated of a public nuisance after due and proper notice thereof to the owner of said property, is hereby assessed the following costs of such abatement, to wit: Daniel R Meyer Tr 3002 A Bayside Dr Indianapolis, 46214 REFERENCE: 60919-043 #81070440004 LEGAL~ Lot 1~ and 17, WALKER'S $290.00 SUBDIVISION, according to the plat thereof recorded in Plat Book l, Page 3~, of the Public Records of Collier County, Florida. The Clerk of the Board shall mail a notice of assessment of lien to the owner or owners of the above described property, and if such owner fails to pay such assessment within thirty (30] days hereof, a certified copy of this Resolution shall be recorded in the official records of Collier County, to constitute a lien against such property according to ]aw, unless such direction is stayed by this Board upon appeal of the assessment of the owner. This Resolution adopted after motion, second and majority vote. DATED: ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMHISSIONERS COLLIER COUNTY, FLORIDA APPROVED AS TO FORM M~D LEGAL SUFFICIENCY: o. CkVID WEIGEL COUNTY ATTORNEY CSce 11 - 1/97 DY: TIHOTHY L. HANCOCK, CHAIRM;%N XE UT VE LIEN RESOLUTION - CODE EN'FORCEM~ CASE NO. 61001-100 RECORD OW/TER - BARBARA K HAMORY OBJECTI%rE Board to accept report and adopt Resolution assessing a lien against the parcel in order to recover public funds expended to effect the abatement of a public nuisance at this location, all as provided for in Ordinance 91-47, the Collier County Weed, Litter and Plant Control Ordinance. CONSIDEP. ATION Case Summary: a. Violation determination b. Notice of Violation served c. Verification of unabated nuisance d. Nuisance abated with public funds e. Owner invoiced for costs FISCAL IMPACT 10/08/96 10/16/96 lZ/18/96 11/26/96 12/12/96 Reimbursement of $245.00 may be anticipated by voluntary action or foreclosure. GROWTH MANAGEMENT IMPACT Not applicable. RECOMMENDATION That the Board of County Commissioners adopt the Resolution. PREPARED BY: SENIOR CUSTOMER SERVICE REPRESE~ATIVE APPROVED BY: Vincent A. Cautero, Administrator Community Dev. & Environmental Svcs. DATE: AGE ~ FF.B~,51997 ! BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA LEGAL NOTICE OF ASSESSMENT OF LIEN Barbara K Hamory 205 Greenock DR Greenville, DE 19807 DATE: REFERENCE 61001-100 #57741040000 LIEN NUMBER: LEGAL DESCRIPTION: Lot 10 Block 284 of Marco Beach Unit EIGHT a Subdivision according to the Plat thereof, recorded in Plat Book 6, Page 63-68, of the Public Records of Collier County, Florida. You, as the owner of the property above described, as recorded in the records maintained by the office of the Property Appraiser, are hereby advised that the Compliance Services Manager, did on 10/9/96, order the abatement of a certain nuisance existing on the above property prohibited by Ordinance 91-47, serving notice thereof upon you, such nuisance being: Prohibited accumulation cf non-protected mowable vegetation in excess of 18" in height in a subdivision other than Golden Estates. You failed to abate such nuisance; whereupon, it was abated by the expenditure of public funds at a direct cost of $45.00 and administrative cost of $200.00 for a total of $245.00. Such costs, by Resolution of the Board of County Com. nissioners of Collier County, Florida, have been assessed against the above property on and shall become a lien on the property thirty I30) days after such assessment. You may request a hearing before the Board of County Com.nissioners to show cause, if any, why the expenses and charges incurred by the County under this Ordinance are unwarranted or excessive or why such expenses should not constitute a lien against the property. Such request for hearing must be made to the Clerk of the Board of County Co..-:~-.isszonerSo Government Center, Naples, Florida 34112 in writing within thzrty days from the date of this assessment to be valid. CLERK, BOARD OF COUNTY COMMISSION£R$ CSce 9- ]/93 FEB :Z 5 1997 RESOLUTIO,'~ NO. 97- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS PROVIDING FOR ASSESSMENT OF [,IEH, FOR THE COST OF THE ABATEMENT OF PUBLIC NUISANCE0 IN ACCORDANCE WITII ORDINANCE 91o47. ~EREAS, as provided in Ordinance 91-47, the direct costs of abatement of certain nuisances, including prescribed administrative cost :ncurred by the County, shall be assessed against such property; and ~{EREAS. the cost thereof to the County as to each parcel shall be calculated and reported to the Board of County Commissioners° together w~th a description of said parcel; and ~'HEREAS, such assessment shall be a legal, valid and binding ob!igat~on upon the property against which made until paid; and ~'HEREAS, the assessment shall become due and payable thirty ¢30~ days after the maZlzn~ of Notice of Assessment after which interest shall accrue at a rate of twelve percent {12 0%] per annum on any unpaid port,on thereof. ' ::OW, THEREFORE, BE ~T RESOLVED BY THE BOARD OF CO~TY COMMISS~CNERS OF COLLIER CO~:TY, FLORIDA° that the property described as follows, and having been abated of a public nuisance after due and proper not,ce thereof to the nwner of said property, is hereby assessed the followin6 costs of such abatement, to wit: N~ME: Barbara K Hamory 205 Greenock DR Greenville, DE 19807 REFERENCE: 61001-100 #57741040000 AL E R Lot 10 Block 284 of Marco Beach $24S.00 Unit EIGHT a SubdivXsfon scco~ding to the Plat thereo~0 recorded in Plat Book Go Page 63-68, of the Public Records of CollLer0 County, Florida. The Clerk of the Board shall mail a notice of assessment of lien to the owner or owners of the above described property, and if such owner fails to pay such assessment within thirty (30) days hereof, a certified copy of this Resolution shall be recorded in the ofiicial records of Collier County, to constitute a lien against such property according to law, unless such direction is stayed by this Board upon appeal of the assessment of the owner. This Resolution adopted after motion, second and majority vote. DATED: ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTy, FLORIDA APPROVED AS TO FORM AND.LEGAL SUFFICIENCY: ~.DAVID WEIGEL COUNTY ATTORNEY CSce 11 - 1/97 BY: TIMOTHY L. HANCOCK, CHAIRMAN FEB ~ .5 1997 LIEN RESOLUTION . CODE ENFORCEMENT CASE NO. 61017-060 RECORD OWNER - MARIA VICTORIA PIMIENTA OBJECTIVE Board to accept report and adopt Resolution assessing a lien against the parcel fn order to recover public funds expended to effect the abatement of a public nuisance at this location, all as provided for in Ordinance 91-47, the Collier County Weed, Litter and Plant Control Ordinance. CONSIDERATION Case Summary: a. Violation determination 10/07/96 b. Notice of Violation served 10/19/96 c. Verification of unabated nuisance 11/12/96 d. Nuisance abated with public funds 11/27/96 e. Owner invoiced for costs 12/12/96 FISCAL IMPACT Reimbursement of $245.00 may be anticipated by voluntary action or foreclosure. GROWTH MANAGEMENT IMPACT Not applicable. RECOMMEN]DATiON That the Board of County Commissioners adopt the Resolution. PREPARED BY: SENi6R CUSTOMER SERVICE REPRESENTATIVE Conununity Dev. & Environmental Svcs. DATE~ FEB 5 1997 BOARD OF COUNTY COM24ISSIONERS COLLIER COUNTY, FLORIDA LEGAL NOTICE OF ASSESSMENT OF LIEN Maria Victoria Pimienta 1000 Island Blvd 704 N Miami Beach, FL 33160 DATE: REFERENCE 61017-060 #56945400007 LIEN NUMB£R: LEGAL DESCRIPTION: Lot 22, Block 132, MARCO BEACH UNIT FOUR, a Subdivision according to the Plat th&reef, as recorded in Plat Book 6, &t Page 32 to 37, of the Public Records of Collier County, Florida. You, as the owner of the property above described, as recorded in the records maintained by the office of the Property Appraiser, are hereby advised that the Compliance Services Manager, did on 10/17/96, order the abatement of a certain nuisance existing on the above property prohibited by Ordinance 91-47, serving notice thereof upon you, such nuisance being: Prohibited accumulation of non-protected mowable vegetation in excess of 18" in height in a subdivision other than Golden Gate Estates. You failed to abate such nuisance; whereupon, it was abated by the e×penditure of public funds at a direct cost of $45.00 and administrative cost of $200.00 for a total of $245.00. Such costs, by Resolution of the Board of County Commissioners of Collier County, Florida, have been assessed against the above property on and shall become a lien on the property thirty (30) days after such assessment. You may request a hearing before the Board of County Commissioners to show cause, if any, why the expenses and charges incurred by the County under this Ordinance are unwarranted or excessive or why such expenses should not constitute a lien against the property. Such request for hearing must be made to the Clerk of the Board of County Co~issioners, Government Center, Naples, Florida 34112 in writing within thirty days from the date of this assessment to be valid. CLERK, BOARD OF COUNTY COMMISSIONERS CSce 9- 1/93 FEB 2 5 1997 RESOLUTION NO. 97- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS PROVIDING FOR ASSESSHENT OF LIEN, FOR THE COST OF THE ABATEMENT OF PUBLIC NUISANCE, IN ACCORDA~;CE WIT}{ ORDINANCE 91-47. ~EREAS, as provided in Ordinance 91-47, the direct costs of abatement of certain nuisances, including prescribed administrative cost incurred by the County, shall be assessed against such property; and WHEREAS, the cost thereof to the County as to each parcel shall be calculated and reported to the Board of County Commissioners, together with a description of said parcel; and WHEREAS, such assessment shall be a legal, valid and binding obligation upon the property against which made until paid; and ~EREAS, the assessment shall become due and payable thirty (30) days after the mailing of Notice of Assessment after which interest shall accrue at a rate of twelve percent {12.0%) per annum on any unpaid portion thereof. NOW. THEREFORE, BE IT RESOLVED BY THE BOARD OF CO~;TY CC~MISSIONERS OF COLLIER CO~;TY, FLORIDA, that the property described as follows, and having been abated of a public nuisance after due and proper not,ce thereof to the owner of said property, is hereby assessed the follcw:ng costs of such abatement, to w~t: Maria Victoria Plmienta Lot 22, Block 132, MARCO BEACH $245.00 1000 Island Blvd 704 UNIT FOUR, a Subdivision &ccord~ng N Miami Beach, FL 33160 to the Plat thereof, as recorded ~n Plat Book 6. at Page 32 to 37, of the Public Records of Collier County, Florida. REFERENCE: 61017-060 #56945400007 The Clerk of the Board shall mail a notice of assessment of lien to the owner or owners of the above described property, and if such owner fails to pay such assessment within thirty [30) days hereof, a certified copy of this Resolution shall be recorded in the official records of Collier County. to constit~te a lien against such property according to law, unless such direction is stayed by this Board upon appeal of the assessment of the owner. This Resolution adopted after motion, second and majority vote. DATED: ATTEST: DWIGHT E. BROCK, CLERK BOARD OF CO~dTY CO~dISSIONERS COLLIER COUNTY, FLORIDA APPROVED AS TO FORM AND LEGAL SUFFICIENCY: DAVID ~EIG£I.' COUNTY ATTORNEY CSce 11 - 1/97 BY: TIMOTHY L. HANCOCK. CHAIRMAN AGE I FEB g 5 1997 EXE UTIVE S LIEN RESOLUTION - CODE ENFORCEMENT CASE NO. 61104-023 RECORD OWNER - THOMAS J GAETANO OBJECTIVE Board to accept report and adopt Resolution assessing a lien against the parcel in order to recover public funds expended to effect the abatement of a public nuisance at this location, all as provided for in Ordinance 91-47, the Collier County Weed, Litter and Plant Control Ordinance. CONSIDERATION Case Summary: a. Violation determination b. Notice of Violation served c. Verification of unabated nuisance d. Nuisance abated with public funds e. Owner invoiced for costs 11/01/96 undeliverable 12/02/96 12/09/96 12/13/96' FISCAL IMPACT Reimbursement of $245.00 may be anticipated by voluntary action or foreclosure. GROWTH MANAGEMENT IMPACT Not applicable. RECOMMENDATION That the Board of County Commissioners adopt the Resolution. PREPARED BY: APPROVED BY: Vincent A. Cautero, Administrator Conununity Dev. & Environmental Svcs. FEB 2, 5 1997 BOARD OF COUNTy COMMZSSIONERS COLLIER COUNTY, FLORIDA LEGAL NOTICE OF ASSESSMENT OF LIEN Thomas J Gaetano 483 Euntington Dr Naples, FL 33942 DATE: REFERENCE 61104-023 ~60784920006 LEGAL DESCRIPTION: NUMBER: Lot 9, Block F, Myrtle Cove Acres, Unit Number One, according to the plat thereof recorded in Plat Book 3, Page 38, Publio Records of Collier County, Florida. You, as the owner of the property above described, as recorded in the records maintained by the office of the Property Appraiser, are hereby advised that the Compliance Services Manager, did on 11/4/96, order the abatement of a certain nuisance existing on the above property prohibited by Ordinance 91-47, serving notice thereof upon you, such nuisance being: Prohibited accumulation of non-protected mowa~le vegetation in excess of 18" in height in a subdivision other than Golden Gate Estates. You failed to abate such nuisance; whereupon, it was abated by the expenditure of public funds at a direct cost of $45.00 and administrative cost of $200.00 for a total of $245.00. Such costs, by Resolution of the Board of County Commissioners of Collier County, Florida, have been assessed against the above property on and shall become a lien on the property thirty (30) days after such assessment. You may request a hearing before the Board of County Co~missioners to show cause, if any, why the expenses and charges incurred by the County under this Ordinance are unwarranted or excessive or why such expenses should not constitute a lien against the property. Such request for hearing must be made to the Clerk of the Board of County Commissioners, Government Center, Naples, Florida 34112 in writing within thirty (30) days from the date of this assessment to be valid. CLERK, BOARD OF COUNTY COMMISSIONERS CSce 9- 1/93 AGE FEB 5 1997 -- R E£OLUT I 0;! 1;0. A RESOLUTION OF TIlE BOARD OF COUNTY COHMISSIONERS PROVIDING FOR ASSESSMENT OF LIEN, FOR THE COST OF TIlE ABATEMENT OF PUBLIC NUISANCE, ll'l ACCORDANCE WITH ORDINANCE 91-47. WHEREAS, as provided in Ordinance 91-47, the direct costs of abatement of certain nuisances, including prescribed administrative cost incurred by the County, shall be assessed against such property; and ~EREAS, the cost thereof to the County as to each parcel shall be calculated and reported to the Board of County Commissioners, together with a description of said parcel; and WHEREAS, such assessment shall be a legal, valid and binding obligation upon the property against which made until paid; and I.$EREAS, the assessment shall become due and payable thirty days after the mailing of Notice of Assessment after which interest shall accrue at a rate of twelve percent (12.0%) per annum on any unpaid portion thereof. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COMITY COMMISSIONERS OF COLLIER CO~TY, FLORIDA, that the property described as follows, and having been abated of a public nuisance after due and proper notice thereof to the owner of said property, is hereby assessed the following costs of such abatement, to wit: ~ LEGAL D C O Thomas J Gastano 483 Huntington Dr Naples, FL 33942 Lot 9, Block F, Myrtle Cove $245.00 Acres, Unit Nua%ber One, according to the plat thereof recorded in Plat Book l, Page lB, Public Records of Collier County, Florida. 61104-023 #60784920006 The Clerk of the Board shall mail a notice of assessment of lien to the owner or owners of the above described property, and if such owner fails to pay such assessment within thirty (30) days hereof, a certified copy of this Resolution shall be recorded in the official records of Collier County, to constitute a l~en against such property according to law, unless such direction is stayed by this Board upon appeal of the assessment of the owner. This Resolution adopted after motion, second and majority vote. DATED: ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA APPROVED AS TO FORM AND LEGAL SUFFICIENCY: DAVID WEIGEL COMITY ATTORNEY CSce 11 - 1/97 BY' TIMOTHY L. HANCOCK, CHAIRM~ FEB 2 5 1997 EXECUTIVE SUMMARY WATER A2gD SEWER FACILITIES ACCEPTANCE FOR VILLAGE WALK, PHASE 5-A OBJECTIVe:__ The Board of County Commissioners, Ex-Officio the Governing Board of the County Water-Sewer District, to accept the newly-constructed water and sewer facilities to serve Village Walk, Phase 5-A and authorize the recordation of the appropriate legal documents. CONSIDERATIONS: 1) The developer of Village Walk, Phase 5-A has constructed the water and sewer facilities within dedicated utility easements to serve this development. See attached location map. 2) Deed, Bill of Sale and other related documents have been submitted to Engineering Review Services in order for the County to accept the water and sewer facilities in accordance with County Ordinances 78-10 and 79-33. 3) The water and sewer facilities will be, upon acceptance by the Board, operated and maintained by the County Utilities Division under a one (1) year maintenance guarantee furnished by the developer. 4) The on-site inspection of the sewer facilities and water facilities has been conducted by the County Engineering Inspection section with the finding that the water and sewer facilities have been constructed in accordance with County Ordinances and Regulations. 5) The legal documents have been reviewed by the County Attorney and are legally sufficient for acceptance by the Board. 6) Surety for utilities is covered under the Subdivision Improvement acceptance. FISCAL IMPACT: The water and sewer facilities were constructed without cost to the County Water-Sewer District. During the first year, the water and sewer facilities are under a Contractual Guarantee. After that time, the cost of operating and maintaining the water facilities will be paid by monthly user revenues. FEB 2, 5 1997 Executive Summary Village Walk, Phase 5-A Page Two GROWTH P~NAGEMENT IMPACT: The sewer facilities will be connected to the North County Regional Wastewater Treatment Plant and the water facilities to the County Regional Water Treatment Plant. This project will not create a new impact, as it has been planned for within facilities available at present RECOMMENDATIONS: That the Board of County Commissioners, Ex-Officio the Governing Board of the County Water-Sewer District, accept the water and sewer facilities for Village Walk, Phase 5-A, with the following stipulations: The water and sewer facilities to serve the project cannot be placed into service and no Certificate of Occupancy shall be issued until the following items have been furnished: 1) Florida Department of Environmental Regulation furnishes a letter authorizing the placement of these systems into service, and; 2) Bacteriological testing has met the County's requirements, and; 3) The Fire Flow requirements of the project have been satisfied, and the Fire District furnishes a letter accepting the fire hydrant for ownership and maintenance 4) Receipt of payment for water usage from Utilities for bacteriological testing PREPA_~ED BY: Shirley Nix, Engineering Technician II REVIEWED BY: Thomas E. Kuck, P.E. Engineering Review Services Manager Date No. ~ FEB 5 1997 Executive Summary Village Wal. k, Phase 5-A Page Three Donald W. Arnold, AICP P la.~nn~g Service ~artment Director COMMUNITY DEVELOPMENT AND ENVIRONMENTA SERVICES attachments Date Date "°'/~ FEB g 5 1997 PI. '~ LOCATION MAP FEB 2 5 STATE APPROPRIATE CARRY FORWARD FUNDS RECEIVED FROM PRIVATE DONATIONS FOR TIlE BUILDING IMMOKALEE TOGETHER PROJECT. OBJECTIVE: To appropriate S5,258 from carry forward funds to the Building lmmokalee Together Project (Project #01700). The funds were generated from private donations received in 1996 for the implementation of the Building Immokalee Together Project. CONSIDERATIONS: On March 19, 1996 (see attachment A) the BCC directed the Budget Office to provide a specific line item and project number for the Building Immokalee Together Project in the Comprehensive Planning Section budget for an estimated $5,145. A total of $5,395 was actually collected from private sources to implement the project. By the end of FY 1996, $136.09 was spent to promote the Immokalee Main Street Application which resulted in the Main Street designation and a SI0,000 grant award to the Greater Immokalee Chamber of Commerce. Due to continued community support for various activities that took place during 1996, other expenditures were not needed. A balance of S5,258.91 of unspent funds was not carried forward in the 1997 budget because they were not encumbered. In order to expend these funds in 1997 to continue implementation ofthe Building Immokalee Together Project, which includes the Immokalee Main Street area, the funds need to be brought lo.yard in the FY96/97 budget as part of the carry forward balance to the Building Immokalee Together Project (Project 01700), GROXVTIt MANAGEMENT IMPACT: This project is the implementation stage ofthe South Immokalee Redevelopment Study identified in the Immokalee Master Plan and approved by the Board of County Commissioners in October 1994. FISCAL IMPACT: The funding source is a private donation; thus, no impact on the general fund will be realized. RECOMMENDATION: That the Board of County Commissioners direct the Budget Office to appropriate S5,258.91 of the carry for~vard funds to Project 01700 - Building Immokalee Together Project in the Comprehensive Planning Section budget (Fund 111), FEB 2, 5 1997 PREPARED BY: DEBRAH PRESTON, AICP SENIOR PLANNER COMPREHENSIVE PLANNING SECTION BARBARA A. CACCHIONE, AICP COMPREHENSIVE PLANNING MANAGER COMPREHE~SWE PI-~NN~NG~ECTION DONALD W. ARNOLD, AICP PLANNING SERVICF_~ DEPARTMENT DIRECTOR VINCE~ A. CAUTERO, ADMINISTRATOR COMMUN~ DEV. AND E~IRONMENTAL DEVELOPMENT SERVIC~ DATE -2- FEB 2, ,5 1997 EXECtrrIVE S UM~L~RY TO PROVIDE A LINE ITEM AND PROJECT NUMBER IN THE COMPREHENSIVE PLANNING SECTION BUDGET TO RECOGNIZE DONATIONS RECEIVED AND T6 APPROPRIATE FUNDS FOR THE BUILDING IKMOKALEE TOGETHER/MAIN STREET PROJECT. D~ To identify a specific lin~ item and project number in the Comprehensive Planning Section budget to receive donations and to appropriate funds for the Building Immokalee Together/Main Street Project. ~ The Building Immokalee Together Project is a comprehensive approach for improving Immokalee, the effort includes: community organizing, education, residential and commercial improvements, economic development and coordination with County and State agencies. This effort is the implementation process of the work that was begun in 1991 with the adoption of the Immokalee Area Master Plan, the 1994 Empowerment Zone/Enterprise Community application and the adoption by the Board of County Commissioners in October, 1994 of the Housing Study and the South Immokalee Redevelopment Study. Community organization efforts have begun with a clean up day scheduled for March 16th. Most donations received were in kind services, however, cash donations were also recieved. To date, approximately $5,600 has been committed by thm Collier Foundation, Barnett Bank, Immokalee First United Methodist Church-United Methodist Women and the Immokalee winn Dixie. These funds will be used to support the clean up day and ongoing redevelopment efforts, with visible improvements to structures to begin this year. In order to provide an accounting of expenditures, a specific proJe6t number is recommended by the Budget Office. This will operate in a similar manner to the grant money received from the Department of Community Affairs for the Evaluation and Appraisal Report with a specific line item and project number in the Comprehensive Planning Section budget. N · This project is the implementation stage of the So~th Immokalee Redevelopment Study identified in the Immokalee Master Plan, and approved by the Board of County Commissioners in October, 1994. FEB 2 5 1997 ~L~ The funding source is donations, not the general fund. ,~ ~ ~ That the Board o~ County Commissioners direct the Budget Office to provide a specific line item and project number~for the Building Im~okalee Together project the Comprehensive Planning Section budget. Prepared,by =J~~~~~~'" '"'"" Barbara A. Cacchione, Chief Planner Comprehensive Plann~g Se~icn~ Approved by:' ' PlannJJng Services Department Approved by: ~ator Community Development & Environmental Services Division EXECUTIVE SUMMARY RECOM~ENDATION TO APPROVE THE FINAL PLAT OF "SOUTHWEST PROFESSIONAL HEALTH PARK" To approve the final plat of "Southwest Professional Health Park", a subdivision of lands located in Section 26, Township 48 South, Range 25 East, Collier County, Florida. CONSIDERATIONs Engineering Review Section has completed the review of the construction drawings, specifications, and final plat of "Southwest Professional Health Park".' These documents are in compliance with the County Land Development Code and Florida State Statute No. 177. All fees have been paid. It is the intent of the developer to construct the improvements for this project prior to recording of the plat or to furnish the required amount of approved security for recording purposes at a later date. This procedure would be in conformance with Division 3.2 of the Collier County Land Development Code. gineering Review Section recommends that the final plat of ,'Southwest Professional Health park" be approved with the stipulation that the final plat not be recorded until the required improvements have been constructed and accepted or until the approved security is received to guarantee completion of the required improvements. FISCAL IMPACT: The fiscal impact to the County is none. The project cost is $278,087.00, to be borne by the developer. The cost breakdown is as follows: a) Water & Sewer - $112,112.50 b) Drainage, Paving & Grading - $165,974.50 The County will realize revenues as follows: Fund: 113 Agency: County Manager Cost Center: 138900 - Development Services Revenue generated by this project: Total: $5,560.81 Fees are based on a construction estimate $278,087.00 and were paid in December, 19~ 6. FEB 5 1997 Plo Executive Summary Southwest Professional Health Park Page 2 The breakdown is as follows: a) b) Plat Review Fee ($425.00 + $4./ac) -$ Construction Drawing Review Fee Water & Sewer (.50% const, est.) - $ Drainage (.50% const, est.) Paving, Grading (.425% const, est.)- $ 497.00 560.56 705.39 c) Construction Inspection Fee Water & Sewer (1.5% const, est.) - $1,681.69 Drainage, Paving & Grading (1.275% const, est- $2,116.17 RO AGEMENT IMPACT: The Concurrency Waiver and Release relating to conditional approval has been reviewed and approved by the County Attorney's office for the project. That the Board of County Commissioners approve the final plat of ,,Southwest Profession Health Park" with the following stipulations: 1) That the final plat not be recorded until the required improvements have been constructed and accepted or until approved security is received for the uncompleted improvements and that construction shall be completed within 36 months of the date of this approval. 2) Authorize the Chairman to execute the attached Construction and Maintenance Agreement. 3) That no building permits be issued until the final plat is recorded. Executive Summary Southwest Professional Health Park Page 3 PREPARED BY: John R. Rodldsw6rth, Senior Engineer Engineering Review REVIEWED BY: Engineering R~view Manager Donald W. Arnold Planning Services Director ~ince~t A. Cautero, Administrator Community Development & Environmental Services Community Dev. and Environmental Svcs. DIVISION JRH:ew Date Date ~1'"~/~7 Date Date "o. ~ FEB ~,5 lCjC37 / R 25 E .: R ~m [TE :.',':. :" '.'.'.' :" :, , I ~' ".~,. '... ' ' ' .m m 0.. ~ - .--= - .,:.':,,::: '. · .. '.. ~ I . ~ .... ... ."~-..' ...... . ~~ ----'"-"-' :.;k.:' ;.'". '.. :'".'. .,'. . , ..' . . .'.. · ..., .' ' ~. , .. CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION IMPROVEMENTS PRIOR TO RECORDING OF PLAT THIS CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDMSION IMPROVEMENTS PRIOR TO RECORDING OF PLAT AGREEMENT entered into this .. day of , 1997 between Southwest Profess|onal Health Park Land Trust, an unrecorded land trust agreement, hereinafter referred to as "Developer", and the Board of County Commissioners of Collier County, HoNda, herelnatter referred to as the "Board". 1. Developer has, simultaneously with the delivery of this Agreement, applied for the approval by the Board of a certain plat ora subdivision to be known as: Southwest Professional Health Park 2. Division 3.2. of the Collier County Land Development Code allows the Developer to construct the improvements required by said subdivision regulations prior to recording the final plat. NOW, THEREFORE, in consideration of the foregoing premised and mutual covenants hereinafter set forth, Developer and the Board do hereby covenant and agree as folIows: 1. Developer will cause to be constructed: Water, Sewer, Paving, Drainage, Street Lighting and Landscaping within 36 months from the date of approval of said subdivision plat, said improvement hereinafter referred to as the required improvements. 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 FEB 25 1997 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 $14,739.75 which represents 10% 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 t'or compliance with the Collier County Land Development Code. The Development Services Director shall, within sixty days of receipt of the statement of substantial completion, either: a) notify the Developer in writing of' his prel[minary approval of' the improvements; or b) notify the Developer in writing of}tis 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 subnfitted for approval in accordance with the requirements of' this Agreement. The Developer shall maintain all required improvements for a minimum period of one year a. Rer preliminary approval by the Development Services Director. A.f~er 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 FEll 5 1991 Services Director or his designee shall inspect the improvements and, it' 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 10% 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. ?. In the event the Developer shall fail or neglect to fulfill [ts obligations under this Agreement, upon cer~lfication 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 and 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 ail of the provisions ofthis Agreement. 8. All of' the terms, covenants and conditions herein contained are and shall be binding upon the Developer and respective successors and assigns of the Developer. FEB 25 1997 IN WITNESS WHE~OF, the Board and the Developer have caused ihls Agreement to executed by their duly authorized representatives this day of ,1997. Signed, sealed and delivered in the presence of': Printed Name DEVELOPER Southwest Professional Health Park Land Trust $ ~'s R. Colosimo, as Trustee be Witness ._S'~, Printed Name ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA Deputy Clerk Approved as to form and legal sufficiency: By: Timothy L. Hancock Chairman David C. Weigel Collier County Attorney No. ~ FEB 2 S 1997 RECOMMENDATION JOHNNYCAKE COVE TO APPROVE FOR RECORDINQ THE FINAL PLAT OF To approve for recording the final plat of Johnnycake Cove. The Board of County Commissioners approved for recording the final plat of Johnnycake Cove on April 2, 1996. The fiscal impact to the County is none. The project cost is $57 700.70 to be borne by the developer. ' The security amount, equal to 100% of the cost to complete the remaining improvements and 10% of the total cost of the project, is $5,770.07. The developer has provided a cash bond as the required security. The County will realize revenues as follows: Fund: 113 Agency: County Manager Cost Center: 138900 - Development Services Revenue generated by this project: Total: $2,487.89 Fees are based on a construction estimate of $57,700.70 and were paid in November 1995, and are reflected in the Executive Summary of April 2, 1996. Executive Summary Johnnycake Cove Page 2 GROWTH MANAGEMENT IMPACTI None RECOKMENDATIO~I That the Board of County Commissioners approve the final plat of "Johnnycake Cove", with the following stipulations: 1) Accept the cash bond as security to guarantee completion of the Subdivision improvements. 2) Authorize the recording of the final plat of "Johnnycake Cove-. 3) 4) Authorize the Chairman to execute the attached Construction and Maintenance Agreement. That no Certificates of Occupancy be granted until the required improvements have received preliminary acceptance. PREPARED BY: John R. H0uldSworth, Senior Engineer Engineering Review bate REVI~ED BY: Thomas ~.' Kuck, . . Engineering Review Manager Dona I-d~W~ ~ ~ la~_-~ .-_ Director - Planning Services Co,unity Development & Environmental Services Co,unity Dev. and Environmental Svcs. DIVISION J~:ew Date bate - FEB iB5 1997 · P~. ~ R 25 E I~IAL AND PLANNED UNIT DEVEL( ,2 ~, IIONm?A ~..~ ROAO (C...~. 805) '18 22 34 ~4 NO NA ?LES · 0 t~ .6 (C.R. 844) :EB ~5 1997 PAmQ,,A#OS I CONSTRUCTION AND MAINTENANCE AG~ FOP, SUBDIVISION IMPRO~ THIS CONSTRUCTION AND MAINTENANCE AGKEHMEHF FOR SUBDMSION IMPROVEMENTS entered into this __ day of ., 19 __, ~ Quinby Development hereL,'a~er referred to as "Developer", and the Board of County CommLvioners of Collier County, Florida, hereinafter referred to as "The Board". 1. Developer has, simultaneously, with the delivery ofthis Agreement, applied for the approval by the Board ora certain plat of a subdivision to be known as $ohnnyeake Cove. 2. Division 3.2 of the Collier County Land Development Co& requke~ th~ Develotm' to post appropriate gtmrantees for the subdivision regulations, said gum'antees construction of the required improvements. construction of the improvements required by said to be incorporated in a bonded agreement for the NOW, THEREFORE, in consideration of the foregoing ~ 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, paving and drainage within 2 months from the date of approval of said subdivision plat, ~fid improvemen~ hereinafter referred to as the required improvements. 2. Developer herewith tenders its subdivi~on pert'om ~mrity (attached hereto ~ Exhibit "A" and by reference made a part hereof) in the mount of $$,770.07 which amount FEB 5 1997 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 respons~ility for maintenance of the required improvements shall continue unless or until the Board accepts maintenance responsibility for and by 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 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 may 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. 8. In the event the Developer shall fail or neglect to fulfill its obligations under this Agreement, upon certification of such failure by 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 mahatai~ or cause to be con.~'ucted or maintained, pursuant to public advertisement and receipt and acceptance ofb|d$, improvements required herein. The Developer, as principal under the subdivision performance security, shall be liable to pay and to indem~fy the Board, upon completion of such constIxl~doll, the final total cost to the Board thereof, including, but not limited to, engin ~ FEB contingent costs, together with any damages, either direct or consequential, which the Board ma)' sustain on account of the failure of the Developer to fulfill all oftbe l~Vi~io~ offl~is Agreement 9. All of the terms, covenants and conditlo~ berdn contain~l ar~ aud shall be b/ndhg upon the Developer and the respective successors and assigns of the Developer. IN WITNESS WHEREOF, the Board and the Developer bare caused th/s Agreement to be executed by their duly authorized representatives this __ day of~ 19 . Signed, Sealed and Delivered in the presence of: Printed or typed name L ~ ~L Printed or typed name ATTEST: DWIGHT E. BLOCK, CLERK Deputy Clerk Approved as to form and .~~cien~:, Collier County Attomey (Developer Nmae): By: Printed or typed name President BOARD OF COUNTY COMMISSIO~ OF COLLIER COUNTY, FLORIDA By: Timothy L. ~ Chairman FEB 2 5 1997' NATIONAL Na,ole$, FL 33940 - ...' BANK .0670 : ~ CASHIER'S CHECK HFiy! Thousand SeYen ~undred Seventy Dollars ant Se.n ~entslt' ·" ', ,'~ , '. .. COLL[ER CNTy BOARD O~ COMM TO · THE . ORDER· OF PAY,O~LE Tt~!qU ' FIR$?&R · RE:CLYDE .QUINBY , EXE APPROVE A CHANGE ORDER TO A PROFESSIONAL LEGAL SERVICES AGREEMENT WITH ROETZEL & ANDRESS FOR REVIEW AND CONSOLIDATION OF COLLIER COUNTY UTILITY ORDINANCES. That the Board of County Commissioners, approve an increase to Purchase Order No. 603093, foe professional legal services requested to review and consolidate Collier County utility ordinances. CONSIDERATIONS: On 3/20/96 the Public Works Division entered into a professional services agreement with Roetzei & Andress to review and consolidate existing Collier County Water Sewer District Ordinances. The outside assistance was sought to fast ~'ack the ordinance consolidation project. The scope of services included elimination of duplicate ordinances and provisions, providing suggestions for further legal analysis, draRing a comprehensive ordinance organized into logical sections, and assistance in presenting the revised ordinances(s) to the Board of County Commissioners Staff subsequently requested Roetzel and Andress to perform additional legal analysis and prepare certain ordinance provisions to enhance the County's regulatory scheme. The additional services also included review and comments on the Utilities Standard Ordinance project. These services were not part of the original scope of services. Accordingly, staff is requesting Board approval ora $1,500 change order to the Roetzel & Andress professional services agreement. FISCAL IMPACT: The current professional services agreement totals $15,000. Funds in the amount of $1,500.00 for supplemental professional legal services are budgeted in Utilities Fund 408, cost center 210110. GROWTH MANAGEMENT IMPACT: None. RECOMMENDATIONS: That the Board of County Commissioners approve a $1,500 change order to the Roetzel & Andtess professional services agreement under purchase order No. 603093. Edward N. Finn, Operations Director Public Works Division Raymond W. Miller, P.E. DATE: Public Works Division Interim Adminiswator I997 EX R APPROVE THE LEASE AGREEMENT WITH BIG CYPRESS ELEMENTARY SCHOOL FOR THE USE OF THEIR CAFETERIA. ~ To obtal, n approval from the Board of County Commissioners to enter into a lease agreement with Big Cypress Elementary School, allowing the Office of' Capital Projects Management (OCPIV0 to use their cafeteria for a public meeting scheduled to be held on Wednesday, February 26, 1997. .C,~..~IDERATIO...~A The OCPM in-house design staff is planning to conduct a public meeting regarding the Golden Gate Boulevard Widening Project #63041 (CIE #62) at the Big Cypress Elementary School Cafeteria The purpose of this meeting is to address concerns and answer questions the general public and the property owners may have. The project ex'tends from C.R. 951 to Wilson Boulevard. ~AL IMPAC,~2 The fiscal impact to Collier County is none. _G..R_QWTH MANAGEMENT ~PACT.. This project is consistent with the C,-row~h Management Plan. That the Board of County Commissioners approve the lease agreement with Collier County School Board for the use of Big Cypress Elementary Cafeteria and authorize the OCPM Director to execute same. A. Nyankadau Korti, Project Manager Office of Capital Projects Management Office of Capital Projects Management ~r REVIEWED BY Date: Raymond W. Miller, P.E., Interim Administrator Public Works Division cc: Richard Hellriegel, P.E., Sr. Project Manager, OCPM p a $'exsuml~asea ~r~e.O I FEB 2 5 1997 COLLIER COUNTY PUBLIC SCHOOLS THIS LEASE. entered Into thts11 day of ~'ebru._~,q~9..~.Tby and between the School Board of Collier jnty. Florida. hereinafter referre--~'to as the School Board. and Co___[lier Count~, hereinafter trod to as the User. of County Co~issioners WITNESSETH: The parties to this lease have agreed that the following terms and conditions shall be applicable to the lease of any of the School Board facilities described herein. 1. School Board Policy No. KG, as adopted by the School Board, May 6. 1982. shall be Incorporated by reference into this Lease and Is'included on the reverse as a part hereof, and the parties agree to be bound by the terms and conditions found herein. 2. The following Information Is presented by the User In order to obtaln the required facilities and the User affirms that said facts are true and correct to the best of Its knowledge and belief: s. Nsmeolschool:~ress Elemencar7 School b. DltssbulldlngtoblUlld, £ebruar7 26, 1997 c. Number of meetings: ~ d. Houri building to bi ussd~Pl. Antlclpltld Ittsndlncl: [_....~ f. Purpose of uss: Hearin g, II meeting free to public: Ye___..~s h. What price la chsrgad to attend: na I. Name of organization using facilities: J. Name of User'e President and telephone number: v . Hancock Chait"~an of 1~oard of Comt~issloners k. Name of User's Treasurer and telephone number: I. Furnlshlngsorspaclalpreparatlonsneeded:. Tables chairs micro hone, o~ m. Check (X) facilities needed:* I Classroom ( ) Auditorium ( ) Ballblll Field ( ) Football/Soccer FIlM Cafeteria, Science/ _Middle Without lights Without Lights Vocational Lab _High :With lights ~Wlth Llghtl ( ) Kitchen _LELY HIGH ( ) Softball Field ( ) Track ( ) Gymnasium ( ) Outside Play fields __Wllhout lights ~Wlthout Lights _Non XVAC _Non.watered _With lights ~Wlth Lights _Middle wlHVAC _Watered ( ) OTHER_ _Hlgh wlHVAC * Use of these facilities is allowed for up to six (6) hours at the current rental rates, regardless of the number vents scheduled within this time limit. Use in excess of six (6) hours shall be charged a prorated amount '~imum increments of two (2) hours each, I (We). ~ ~ ~ ~' ' (User), a legal corporation and/or citizens of the State of Florida and of the United States of America. do solemnly swear or affirm that I will support the Constitution of the United States and of the State of Florida; that I am not a member of the Communist Party; that I have not and will not lend my aid, support, advlce, counsel or Influence to the Communist Party; that I do not believe In the overthrow of the Government of the United States or of the State of Florida by force or violence; that I am not a member of any organization or party which believes in or teaches, directly or indirectly, the overthrow of the Government of the United States or of the State of Florida by force or vlolence. Furthermore. the organization that I represent subscribes to the above statements of loyalty. SIGNATURE ADDRESS CITY ZIP PHONE Before this lease becomes official, Il must bear the designated signatures. ALL payments must be made In advance. RENTAL FEES. · S..___per use X~ uses 'I SALES TAX S. . or TgX, lExempt I,D,~. Principal DEPOSIT S. ~(HIo~ ~;chool auditoriums) ADDITIONAL $~ CHARGES Assistant Supt./Administration TOTAL. S_ ~~i~ I White:Assistant Supt./Administration Canary, Business Office Pink, School I"~:;[i-,~,, I 31114 Rev. 2/95 I...__._._.,~...... II .... ~ .... ' THE COLLIER COUNTY PUBLIC SCHOOL SYSTEM IS AN EQUAL ACCESS t EQUAL OPPORTUNITY INSTITUTION FOe EOUCATIO~ I~'$ u~e Of Ihe pr4,,md~ Th~ SrhOkql I~Atd ~ff he cf~r~,'.Y~ I hv ~t ~ ~e".et f~ ~ ~ to ~r~ ~ ~ ~y O & C ~e~nl Ca:~c~ O U~S ~t,n~ ~ Cfde~ 0t ~O~y D ~ ~ r~l,te a~ ate ~f ~,~ tO fK~ey ~ f~ ~s ~P ~ lo III RESTRICTIONS ~)va'e ~n~w~uals, Or Silents nnd e~p~eeS u~ ~ P~OHIBITIONS A The 1~:~ ~m ,vp~ ~ aCl~v,l~! are Pa~m~n CCi :~ U~ ~ any ~ ~ ~tr~ ~e~e I~e Un*l~ Slal~ ~ any ~1 ~ I~, gov~n~fllal cease by v~,~e g Any ~ly ~t n~fl ~t~ t~ a~z~ ' ..... " Sch~ B~rd Poflq KOF~onlum~l~ of Ako~ B EkE TTIVE5 IMMAR ' TO RECOGNIZE AND APPROPRIATE CURRENT YEAR REVENUE FOR THE AIRPORT ROAD MEDIAN PROJECT #60121. OB~CTIVE: That the Board of County Commissioners of Collier County recognize revenue received to replace a tree in the Airport road median due to an accident. ~ONSIDEFL~,TION:~: A check was received on November 19, 1996 from State Farm Mutual Automobile Insurance Company in the amount of $331.50. This check was for recovery of' expenses due to an accident which caused damage to a tree in the median. We are requesting the revenue received be transferred into an expense account so that we can replace the damaged tree. FISCAL 131 PACT: Recognize revenue and appropriate into an expense account as listed below: Revemte ,4 ccotm! ~ ~ ~ 331-163650-364420-60121 33 I- 163650-634999-60121 $331.50 Airport Road GROWTH MANAGEMENT IMPACT: None RECOMMENDATIONS: Staff recommends that the Board of County Commissioners approve the necessary budget amendments to transfer the funds from a revenue account into an expense accounts. PKEPARED BY: Sharon Newman, Accounting Technician Office of Capital Projects Management DATE: KEVtEWED BY~ DATE: _~~~ J~eph I~.elate, A'SLA~ RL.~ Project Manager Office of~apital Projects Management REVIEWED BY: DATE: Adolfo Gonzaleg, P.E., Diregi,6r ,,..d Public Works Division INTEROFFICE MEMORANDUM To: From: Date: Gloria Sommerfield, Payroll Supervisor Finance Department Lynn A. Evans, Senior Risk Management Analyst Risk Management Department December 23, 1996 DEC ~6 T996 ""'~.': -31r CA::' !'.~L P~O, ~. ,.. ~',~ MANAGEMENT 'SUBJECT: Reimbursement Expenses Attached please find a check which represents recovery of expenses. Please deposit accord/ngly. Please list on the receipt the claim number for easy reference. Claim.657 $331.5'0 Deposit into Account 331-163650-364420. Cc: Jeff Walker, Risk Management Director Bill Flyrm-OCPM ','IHS COt. L] CE#TRAL FL~ F E 0 Z 5 1997 EXECUTIVSM~=L~.~ RECOMMENDATION TO WAIVE THE PURCHASING POLICY AND AUTHORIZE STAFF TO APPROVE A RIGHT-OF-WAY PERMIT AND PURCHASE ORDER UP TO THE AMOUNT OF $127,180 FOR ROADWAY AND SIGNAL IMPROVEMENTS TO ORANGE BLOSSOM DRIVE FROM GOODLE'I-I'E-FRANK ROAD TO THE ENTRANCE TO THE CROSSINGS/VILLAGES OF MONTEREY. OBJECTIVE: To gain Board approval to permit a Developer (Calusa Bay PUD) to undertake improvements on Orange Blossom Drive in and around his project, and to extend beyond the scope of his project. The approval of the work would require: (a) waiver of the Purchasing Policy; (b) staff approval of a Right-of-way Permit; (c) approval of a Purchase Order directly to the Developer for payment of the work upon completion; and (d) processing of budget amendments as necessary for allocation of improvement funding. CONSIDERATIONS: On Orange Blossom Drive, from its intersection with Goodlette-Frank Road to about 1700' east of that intersection, there will be improvements provided by the developers of both Calusa Bay on the north side of the road and Autumn Woods on the south side. These improvements will consist of new turn lanes and entrances to the respective developments. In addition to the improvements proposed by the developers, the County has an interest in providing paved road shoulders, an eastbound right turn lane, sidewalk improvements, pedestrian upgrades to the existing traffic signal at Orange Blossom Drive and Goodlette-Frank Road and the completion of a water main between the ends of two existing water mains along Orange Blossom Drive. The adjacent developers have approached the County with a plan to provide all of the necessary improvements at one time under one contract, thus insuring a cohesive solution to the various types of construction necessary. The Transportation Services Department and OCPM have reviewed the developer's proposal and find it to be of value to the County. By providing all the improvements at one time under one c.ontract, there should be minimal disruption of traffic or utility service in the future. The total cost of the improvements and the County's share are addressed in Attachment 1 and the Fiscal Impact Section of this Executive Summary, The County has undertaken its share of the engineering design and review under the provisions of the Annual Contract for Professional Services. The plans for the improvements have been reviewed and approved at the staff level. If approved by the Board, the work could be incorporated into current construction activity by Calusa Bay, Inc. and completed within six to eight weeks of approval. The project costs as presented include a five-foot wide sidewalk along Orange Blossom Drive on both sides of the street for the total 1700' length of the project. Field conditions and alignment considerations may require a four-foot sidewalk rather than a five-foot sidewalk along the north side of Orange Blossom Drive. If a reduction to four feet is necessary for the foregoing reasons, this condition would result in a project :ost savings of about $10,000. Although the sidewalk is part of the Calusa Bay deve requirements, the total project cost is being proportionately shared by all thre EXECUTIVE SUMMARY Orange Blossom Drive Improvements Page 2 of 3 Calusa Bay, Autumn Woods and Collier County. By permitting a four foot sidewalk, the County will share in the overall savings. Attachment No. 1 outlining the total project costs reflects the use of a five-foot sidewalk. FISCAL IMPACT: The cost of the proposed roadway and water main improvements is estimated at $222,180, with the County's share being $127,180 as detailed on Attachment 1. An analysis of the unit prices indicates several items being slightly greater in cost per unit than the County's Annual Contract unit prices. A savings is expected when total costs are considered with recognition that there are no County processing/supervision costs. Funding of the improvement is as follows: Roadway and Signal Improvements Fund 313-163673 (Project No. 60173) Water Main Improvements Fund 412-273511 (Project No. 70878) The water main improvement budget is not presently in place. Funding will be obtained from Water Capital Fund 412 reserves. A budget amendment will be processed reducing reserves by $56,300 and placing funds in a like amount into the water main project noted above. GROWTH MANAGEMENT IMPACT: N/A RECOMMENDATION: That the Board: approve the improvements to Orange Blossom Drive as described above and on Attachment No. 1; waive the applicable Purchasing policy provisions for bidding; direct staff to prepare a Purchase Order for the developer of the Calusa Bay project up to the amount of $127,180; direct staff to process the Purchase Order for payment upon satisfactory completion of the work as outlined above; and direct the Clerk of Courts to make paf_ment as appropriate t~13on receipt of the necessary authorizations; au~roval '~e~yt ~mendments. PREPARED BY:~,.,~~~ DATE: - ~._~..~:.~.._~ Edwaqd'~l. ,l~a~_ enior Engineer REVIEWED BY:~ DATE:~ David F~im Transpo~ation Services Director. ,, REVIEWED B~__~'~- --__ DATE'~ "'" R~~~ ~ ~'~"rks Admini;trato' r - - Attachments: No. 1 - Cost Estimate and Breakdown EXECUTIVE SUMMARY Orange Blossom Drive Improvements Page 3 of 3 ATTACHMENT NO.1 SUBJECT: Review SUMMARY: Calusa ORANGE BLOSSOM DRIVE IMPROVEMENTS Cost Estimate February 14, 1997 and Analysis of Cost Estimate for Roadway and Utility Improvements. Bay Contractor Established Costs: Roadway Improvements (5' Sidewalk) Pedestrian Signal Addition Less: Calusa Bay Improvement Contribution Less: Autumn Woods Improvement Contribution Net County Roadway/Signal Contribution Plus: Water Main Improvements Plus: Engineering, survey, field review (CEI) TOTAL COUNTY IMPROVEMENT COSTS $155,180 7,500 ($ 40,000) $ 67,680 50,800 County Project Costs (Roadway, signal and water) Developer Contribution (Roadway and entrances) TOTAL PROJECT COSTS $127,180 County Costs break out as follows: Road Improvement Costs: Shoulders, Turn Lane and Sidewalk Ped. Signals (previously budgeted in FY96-97) CEI Total Water Main Improvement Costs Water Main Construction CEI Total $60,180 7,500 $70,880 $50,800 $56,300 EXEC RECOMMENDATION TO APPROVE THE LEASE PURCHASE OF ONE (1) ARTICULATING FOUR-WHEEL DRIVE FRONT END LOADER IN ACCORDANCE WITH BID #97-2618. .Q~ECTIVE: To award the equipment lease purchase in accordance with Bid #97-2618 to Linder Industrial Machinery for one (1) articulating four-wheel drive front end loader in the net amount of $80,885.96. CONSIDERATION: Invitations to bid were sent out on December 20, 1996 and opened by the County Purchasing Department on January 18, 1997. It should be noted that the recommended articulating four-wheel drive front end loader lease purchase is not to the lowest bidder. The three lowest bidders in succession do not meet specifications (travel speed, bucket width, transmission, service center). Summary of bid tabulations is as follows: Vendor Name Total Price Over 5 Years Lease Applicable Falcon Power Coastline Equipment FCR Heavy Machinery Linder Industrial Machinery L.B. Smith Inc. Neff Machinery M.D. Moody & Sons Inc. Kelly Tractor Company $72,749.00 $79,210.00 $79,578.30 $80,885.96 $83,067.00 $83,200.00 $92,044.73 $98,300.00 $14,084.00 Note: See attached bid tabulation and specification from the four lowest bidders. Staff has reviewed the bids, and recommends the bid submitted by Linder Industrial Machinery as being the lowest bid proposal meeting or exceeding specifications. The loader being replaced is scheduled for County Auction. FISCAL IMPACT: The funds for the articulating four-wheel drive front end loader lease purchase are budgeted for in Fund 101-163628-764150 and are available in the amount of $14,084.00. Lease Purchase of the equipment was approved under Agenda Item 16(B) (4) on November 12, 1996. ~ROWTH MANAGEMENT IMPACt: Not applicable. RECOMMENDATION: That the Board of County Commissioners award Bid ~97-2618 to Linder Industrial Machinery for the lease purchase of one (1) articulating four-wheel drive front end loader. EB 2 § 1997 pREPARED BY:L~ Road & Bridge Superintendent DATE: REVIEWED BY: bfv-~d F. Bobanick Interim Transportation Director steveh Y. carnell Purchasing Director DATE~ -- I~ - ~a~mond'W. Miller Interim Public Works Administrator ~LTLATION FOP, BID #97.26 i g Fou~ Wheel Drive Front End Loader" 'E'NTNG DATE: Jan. 15, 1997 POSTiNG DATE: Dec. 20, 1996 ~VITA~ONS SENT TO: '/4 Vendors Page 1 of I Yice for Articulating Four- Whe¢!Drive Front End Loader Unit Price ufacr~rer and Model Number and Address of x. d J,,.t.;/-~ At~ /&~h. ..~-C~ Service Facility actured Printed Specifications ~S ~$ _._NO kt~ached? __ ._._NO Payment Terms: % days % days Net '..,~P days Net ~ days L~cd: /~S ~0 ~S ~0 ~-'~s .__~o ~--.~s ._.~o % days ___% ..___days Net ~ days Net ~ ~ WITNESS: "No Bid. s" received from: J r," ~ 2 5 1997 TABULATION FOR BID #97-2618 "Articulating Four Wheel Drive Front End Loader'' OPENING DATE: San. 15, 1999' POSTING DATE: Dec. 20, 1996 INVITATIONS SENT TO: '/4 Vendors Page I of I it Price for Articulating Four- Wheel Drive Front End Loader 'acmrer and Model Number and Address of iervice Facility Manufacnu'ed Printed Specifications ed? Prompt Pa.,n'neut Terms: Addenda Acknowledged: "'"YES NO __% __ days Net ~0 days ~-~-"~ S ~NO ~-ws ..._~o ~.-__'-"YEs .__~o t/ws __yo % days % ~ays % da~ Net ~o days Net ~ days Net ~' days ~s ~o ,~s ~o ~s ~o WITNESS: Cheryl L. Gentry, Purchasing Technician "No Bids" received fi.om: FEB 2 5 B97 ~ ,~._q ... Z Z Z Z ~' ~' o ~ o o "-'- ~ b b "" Z Z Z ~ Z O 0 O O 0 0 RECOMMENDATION TO APPROVE THE LEASE PURCHASE OF ONE (1) , THREE TON TRACK HOE IN ACCORDANCE WITH BID #97-2617. ~_~_J_~: To award the equipment lease purchase in accordance with Bid #97-2617 to Kelly Tractor for one (1), three ton track hoe in the net amount of $33,500.00. N I~: Invitations to bid were sent out on December 20, 1996, and opened by the County Purchasing Department on January 15, 1997. It should be noted that the recommended three ton track hoe lease purchase is not the lowest bidder, the two lowest bidders do not meet specifications (undercarriage, weight, frame). Summary of bid tabulations is as follows: Vendor Name Total Price Over 5 Years Lease/Purchase Applicable Naples Rent Ail Ditch Witch Trencher Kelly Tractor $30,750.35 $32,873.00 $33,500.00 $5,281.00 Note: See attached bid tabulations and specifications from the three lowest bidders. Staff has reviewed the bids and recommends the bid submitted by Kelly Tractor as being the lowest bid proposal meeting or exceeding specifications, and meeting the needs of the department. FISCAL IMPAC_~: The funds for one (1), three ton track hoe lease purchase are budgeted for in Fund 101-163628-764150 and are available in the amount of $5,281.00. Lease purchase of this equipment was approved under Agenda Item 16(B) (4) on November 12, 1996. GROWTH MANAGEMENT IMPACT: Not applicable. RECOMMENDAITON: That the Board of County Commissioners award Bid #97-2617 to Kelly Tractor for the lease purchase of one (1), three ton track hoe. PREPARED Larry Henry Road & Bridge Superintendent DATE:~ David ~- Bo anl=--~---~- Interim Transportation Director Steven Y. Carnell Purchasing Director 2 I, /~i-> REVIEWED BY: R~ymo'nd W. Miller Interim Public Works Administrator FEB 2 5 1997 Unk Price t'or Three Ton Track Hoe M~u£acmrer and Model Number Delivery Time in Calendar Days ARO Name ~nd Address or' Service Facility Manufactured Printed Specifications Ar~ched? Prompt Payment Terms: Addenda Acknowledged: "No Bids" received ~'om: ,,'"YES __NO % days Net _qr.~ . days YES __NO __YES __NO W'ITNESS: _.__~Y~S __.NO Nel '~ days ~Y~S ~-~o EXE RECOMMENDATION TO APPROVE THE LEASE PURCHASE OF FOUR (4) CREW CAB FLAT BED DUMP TRUCKS IN ACCORDANCE WITH BID #97-2616. OBJECTIVE: To award the equipment lease purchase in accordance with Bid #97-2616 to Wallace International for four (4) crew cab flat bed dump trucks in the net amount of $150,604.00. CONSIDERATION: Invitations to bid were sent out on December 20, 1996, and opened by the County Purchasing Department on January 15, 1997. It should be noted that the recommended crew cab flat bed dump trucks lease purchase is not the lowest bidder. The two lowest bidders do not meet specifications (cab, tires, engine, windshield, service center). A summary of the bid tabulation is as follows: Vendor Name Total Price Over 5 Years Lease Applicable FY 96-97 Atlantic Ford King Truck Center Wallace International Tamiami Ford $143,668.00 $147,984.00 $150,604.00 $177,924.00 $26,056.00 Note: See attached bid tabulation and specification from the three lowest bidders. Staff has reviewed the bids and recommends the bid submitted by Wallace International as being the lowest bid proposal meeting or exceeding specifications. The trucks being replaced are scheduled for County Auction. FISCAL IMPACT: The funds for the four (4) crew cab flat bed dump trucks lease purchase are budgeted for in Fund 101-163628-764110 and are available in the amount of $26,056.00. Lease purchase of this equipment was approved under Agenda Item 16(B) (4) on November 12, 1996. GROWTH MANAGEMENT IMPACT: Not applicable. RECOMMENDATION: That the Board of County Commissioners award Bid #97-2616 to Wallace International for the lease purchase of four (4) crew cab flat bed dump trucks. PREPARED B~ Road & Bridge Superintendent DATE:/__~~____ REVIEWED BY:~~~~~~~/% %  / DATE: David F. Bobanlck Interim Transportation Director REVIEWED BY: &~ =°A ~ Steven Y. Carnell Purchasing Director DATE: REVIEWED BY: Interim Public Works Administrator rNG DATE: Jan. 15, 1997 Pale I of I Unit Price for 4 Crew Cab Flat Bed Dump Trucks Unit Price $ ~_~_z.~/'/o OO Total Price ['or 4 Crew Cab Flat Bed Dump Trucks Manufacturer and Model Number Delivery Time in Calendar Days ARO Name and Address of Service Facility /./'~ Total Price $ Manufactured Printed Specifications Attached? :mpt Payment Terms: Addenda Acknowledged: ~-'¢Es __~o ~,'~s __.~o __----~s __~o % ~days % days % ~ays Net ~C days Net ~ days Net.~ days /oa% ~o days Ne~ ~ da~s ~s ._.~o WITNESS: "No Bids" received from: Z O 0 ~ 0 ~ 0 0 z z z z z ;n z z O O 0 0 0 ~ 0 0 EXECUTIVE SUMMARY RECOMMENDATION TO APPROVE THE LEASE PURCHASE OF FOUR (4), FIVE (5) CUBIC YARD DUMP TRUCKS IN ACCORDANCE WITH BID #97-2615. QBJECTIVE: To award the equipment lease purchase in accordance with Bid #97-2615 to Wallace International for four (4), five (5) cubic yard dump trucks in the net amount of $136,120.00. CONSIDERATION: Invitations to bid were sent out on December 20, 1996 and opened by the County Purchasing Department on January 16, 1997. It should be noted that the recommended five (5) cubic yard dump trucks lease purchase is not the lowest bidder. The two lowest bidders do not meet specifications (engine, tires, cab, windshield, service center). Summary of bid tabulations is as follows: Vendor Name Total Price Over 5 Years Lease Applicable FY 96-97 King Truck Center Atlantic Ford Truck Sales Wallace International Tamiami Ford $119,848.00 $134,284.00 $136,120.00 $164,888.00 $26,056.00 Note: See attached bid tabulation and specification from the three lowest bidders. Staff has reviewed the bids and recommends the bid submitted by Wallace International as being the lowest bid proposal meeting or exceeding specifications. The trucks being replaced are scheduled for County Auction. FISCAL IMPACT: The funds for the five (5) cubic dump tr~cks' lease purchase are budgeted for in Fund 101-163628-764110, and are available in the amount of $26,056.00. Lease purchase of this equipment was approved under Agenda Item 16(B) (4) on Nove~er 12, 1996. GROWTH MANAGEMENT IMPACT: Not applicable. RECOMMENDATION: That the Board of County Commissioners award Bid #97-2615 to Wallace International for the lease purchase of four (4), five (5) cubic yard dump trucks. 1997 PREPARED BY:~ Larry Henry Road & Bridge Superintendent DATE:~ REVIEWED BY: ~ DATE: Interim Transportation Director Steven Y. Carnell Purchasing Director Raymond W. Miller Interim Public Works Administrator FF...B 2 5 1997 OPENING DATE: lan. 1~, 199'/ Page I of I ......................... VENDOR NAME I Total Price for Fo~t S CY Dump Trucks To~al Price $ ~ ~'6~' ~o :mufacturer ~d Modal N~bcr ~O Delive~ T~e ~ Calend~ Days ARO /~D ~3 ~d Ad&ess of M~uAc~td P~ted Specifications A~ched? rompt Pa)~ent Te~s: i Addenda Acknowledged: ~~ ~ c,,~,~.' ~s ~o ~s ~o ~s ~o ~s ~o ~/~ ~day~ % ~ay~ /00% ~ay~ % Net ~day~ Net~day~ ~et ~0 day~ Net. ~ day~ ~s ~o ~s ~o ~s ~o ~s __ WITNESS: ~' ~ ~ician "No Bids" received from: XE I RECOM'MENDATION TO APPROVE AND EXECUTE THE NOTICE OF CLAIM OF LIEN FOR THE ENFORCEMENT OF THE NOTICE TO PAY WATER AND SEWER IMPA~ FEE STATEMENT FOR A PROPERTY LOCATED IN THE WYNDEMERE SUBDMSION OBJECTI~: That the Board of County Commissioners as the governing body of Collier County, Florida, and as Ex-Officio the Governing Board of the Collier County Water-Sewer District authorize the chairman to execute the Notice of Claim of Lien anached for a property that have not paid water and sewer impact fees within the Wyndemere Subdivision. C___ONSIDERATIONS: The Wyndemere Subdivision connected to County's water facilities on August 2, 1993 and the County's wastewater facilities on April I 1, 1991. Property owners of record, as maintained by the Property Appraiser's office were notified by certified mail to pay the required water and sewer impact fees in accordance with Ordinance No. 90-86 and No. 90-87, as amended, Chapter 88-499, Laws of Florida. Delinquent property owners have received a re-notice by certified mail that was sent in late July, 1996. Owners have the availability to finance the impact fees along with the interest accrued on delinquent impact fees. All recording fees v. ili be borne by the property owner. Letters to property owners have been prepared and upon execution and recordation of the liens, staffwill proceed to mail said liens: PROPERTY OXVNER OF RECORD PROPERTY I.D. NUMBER 1. AMBLEWOOD CONDOMINIUM ASSOCIATION INC. 22035000707 The County Attorney's Office has reviewed and approved the above listed Notice of Claim of Lien for legal sufficiency. FISCAL IMPACT: Fiscal impact will include the cost ofcertified mail which is budgeted in account no. 408-210110. Water and sewer impact fees, delinquent interest charges and recording fees will be collected fi-om property owners in accordance County Ordinances and Laws of Florida, and deposited in the appropriate water impact fee fund (411) and sewer impact fee fund (413). The delinquent water and sewer impact fees total is $2,240.00. Estimated interest accrued on the delinquent water and sewer impact fees totals $729.07 through February 28, 1997. GROWTH blANAGEMENT~: None. Executive Summary Notices of Claim of Lien Page 2 RECOMMENDATION: The Interim Public Works Administrator recommends that the Board of County Commissioners as the governing body of Collier County, Florida, and as Ex-Officio the Governing Board of the Collier County Water-Sewer District do the following: 1) Authorize the Chairman to execute the Notice of Claim of Lien for the collection of water and sewer impact fees. 2) Record Notice of Claim of Lien within the Official Records of Collier County upon completion of a gap search to be conducted by staff. Cindy M. ~ Senior t~ngineering Technician D,.o, Raymond W. Miller, P.E., Interim Public Works Administrator FEB 2 5 1997 ~. ~-~ NOTICE OF CLAIS! OF L[KN FOR WATER SYSTK.~! I.~IP.~.CT FEES, A.%'D SA.'~ITA~Y SK~R SYSCO! I~IPA~ o~ FIo~d~ ~d ,~h~ apphcable ~ ~s~ of la~. ~e Bo~d of Co~ Co~s~ o~Colh~ Co~'. Flond~ ~ ~e ~ ~in~ B~)* of Colh~ C~ ~d ~ E~.O~c~o thc ~m~ ~ of · c Colhrr County ~'ater. S~ Dts~ct. hereby fil~ ~s No,ce o~Claim of L*~ f~ Wat~ S~ Impact F~s. ~d S~it~ Se~er S~Y~ ~p~t Fm on ~e follo~in~ d~n~ in Collier Co~. ~londa Io ACCO~G TO THE DECL~TIO~ OF CO%~S~ TH~OF. ~CO~ED AT OR B~K 1330. PAGES 611 ~OUGH 7IL ~CL~'S~ AS ~E%~ED. PL~LIC ~CO~S OF COLLAR COL%~. FLO~ T~E~ER ~TH ~L ~PC~TEN~CES ~%~ EASEMEN~ ~G~S THE~OF. ~CLL~G ~N b~ED ~ST ~ ~E CO~IO~ ELESIEN~S ~ SET FOR~ ~ S~ DECL~TIOS OF CON~tI%~. b~ .&%~BLE~'~D COS~I~ ASS~IA~O~ ~C. A FLORA CO~TIO~. CO T.~%IELA E.~Y %~SE~. ESQ. 512~ C~TELLO D~'E. SLATE I. N~LES. FL 34103. ~s Not,ce of Cl~m of L~ for ~'iter System ~p~t F~. ~d S~t~ S~'~ S)'st~ Impel Fm WatKImpact F~ ........................... S ~ S~ Impact F~ ............................ S 1.340 ~ TOTAL OF ~O%'E LIENS ......... S 2.~40 ~ ~s No~ce of Claim o~ L~ for ~e Wat~ Syst~ ~p~t Fro. ~d S~t~' S~ ~ S~ lmp~ Fees ss m ~e cumulat~ e ~o~1 of S2~ ~. ~h~ch ~ipal ~ount shall ~ 29. 1~3. a~ ~e s~mt~ rite f~ fi~l j~ c~u~t~ on a c~ ~y Dat~ ~s ~ ~y of~ I~? A~EST BO.~ OF COL~' COS~ISSIO%~RS D%VIGHT E BRAE. Ct E~ CO~ ~ ~ R COUNt'. FLORIDA. AS THt .~%'E~G BODY OF COLLIER COL %~Y ~%~ .~S ~X.OFFICIO THE ~%'E~G BO.~ OF THE COL[ COL~ ~'ATER.SE~R DIST~ EXECUTIVE SUMMARY RECOMMENDATION THAT THE BOARD OF COUNTY COMMISSIONERS AWARD A CONTRACT TO MAKE IMPROVEMENTS AT FRANK E. MACKLE JR. COMMUNITY PARK COMMUNITY CENTER TO CHRIS TEL COMPANY GENERAL CONTRACTORS. *mm Objective: To award Work Order #CT-10 (under Contract 95-2334) to Chris Tel Company to make improvements at the Community Center at Frank E. Mackle Jr. Community Park. Considerations: The Board of County Commissioners approved during the budget process improvements for the Community Center at Frank E. Mackle Jr. Community Park. These improvements include installing a room divider and closing in a breeze-way to provide storage at the Center. On February 4, 1997. four (4) proposals were received for the improvements (attached is a bid tabulation sheet). The apparent iow proposal was submitted by Chris Tel Company with a total price of $57,767. This price includes installation of a room divider and creating a storage area at $48,500, alternates for a partitioned walkway $7,065, and increasing office area at $2,152. Fiscal Impact: Total project cost is $57,767. Funds to cover the cost of these improvements wer~ specifically budgeted and are in Fund 306-156385, Project 80089. Growth Management: Frank E. Mackle Jr. Community Park is inventoried in the County's Growth Management Plan. Recommendation: That the Board of County Commissioners award a contract for improvements at the Frank E. Mackle Jr. Community Park to Chris Tel Company as addressed within this Summary and authorize the Chairman to sign said contract after review and approval by the County Attorney's Office. Prepared by: M~~~~~~ rdo Smith, Recreation Manager Department of Parks and Recreation Reviewed by:~ Department of Parks and Recreation Reviewed by:~ Department of Purchaing Reviewed by:~ Division of Public Services Date Date~~ Date~'-) . Date~ BID TABULATION SHEET The Chris Tel Company Base Bid Alternate No. I Alternate No. 2 Total $48, 550 $7,065 $57,767 Surety Construction Company Base Bid Alternate No. I Alternate No. 2 Total $45,186 $8,704 $58,003 Vanderbilt Bay Construction Inc. Base Bid Alternate No. 1 Alternate No. 2 Total $48,485 $9,052 $61,835 Varian Construction Co. Base Bid Alternate No. 1 Alternate No. 2 Total $50,175 $9,950 $63,925 FEB ~ 5 EXECUTIVE SUMMARY RECOMMENDATION THAT THE BOARD OF COUNTY COMMISSIONERS APPROVE THE USE OF LIBRARY FUNDS FOR DISCRETIONARY PURCHASES IN THE AREAS OF EQUIPMENT, SUPPLIES~ ENTERTAINMENT, RENTALS~ PAPER GOODS AND FOOD TO BE USED IN SUPPORT OF CHILDREN'S AND SPECIAL LIBRARY PROGRAMS. FURTHER. THAT THE BOARD OF COUNTY COMMISSIONERS ADOPT THE ATTACHED BUDGET AMENDMENT FOR SUCH PURCHASES IN THIS FISCAL YEAR. OBJECTIVE: To support and enhance the quality of Children's Library Service and Special Library programs in all eight Collier County Library locations by approving expenditures for dis- cretionary purchases in the areas of Operating Supplies and Other Miscellaneous Services. CONSIDERATIONS: The Collier County Public Library, through its Children's Library Services, provides weekly programs and special events at all eight Library locations throughout Collier County. In the month of October alone, over 5,000 children were in attendance at these programs, and laughed and learned at the Library. In the remainder of this fiscal year, the Library will present over 1,200 children's programs, including Ii/e-size costume characters, live animals, professional storytellers and a Florida Libraries Youth Program that will enrich the lives of over 3,000 childen this Summer. The success of these programs depends on promotion, pres- entation and setting as well as on the creative skills and professional abilities of the Children's Librarians and program providers. And it is in these areas of promotion, presentation and set- ting that the Library has the most difficulty in identifying and assigning a regular funding source. Examples of the kinds of purchases that the Library frequently needs to make fall into the following broad categories and include items such as those specified: EQUIPMENT/S~PLIES Creature cushions, plush animals, toys, learning puzzles, caged pets and pet food, storytime pup- pets, reading prizes, arts and crafts materials, frames, plaques, aquariums and fish, Children's room decorations and character costumes. ENTERTAINMENT/RENTALS Outside programmers (magicians, puppeteers, musicians, nature programs), costume rentals, equipment rentals (popcorn machine, tents, etc.), aquarium maintenance. PAPER GOODS Holiday decorations, wrapping stickers and bookmarks. paper and ribbon, kleenex, party supplies, posters, artwork, FOOD Cookies, juice, milk, soda, punch, cakes, pizza, candy and snack foods for programs. As most of these items fall outside the norm of regular County purchases, and after consultation at the Division level with the Director of Finance and the County Attorney, it is proposed that the Board of County Commissioners officially authorize Library expenditures in the broad categories listed above. With the attached Budget Amendment surplus funds will be moved from Regular Salaries to Other Operating Supplies and Other Miscellaneous Services. As the request is for all eight Children's Rooms and for programs in all eight locations, the amount of funds to be moved would be $3,000.00. FISCAL IMPACT: The Library is seeking no new Funds for th~s purpose in the current fiscal year. The attached Budget Amendment would shift ~nds within the 612 fund. Funds are currently available within this fi. md for this proposal. GROWTH MANAGEMENT IMPACT: This action by the Board of County Commissioners would have no impact on Growth Management. RECOMMENDATION: That the Board of County Commissioners, recognizing the integral value of decoration, entertainment and refreshment to sucessful Children's Services and Special Programs, support regular funding for these specific needs and approve the attached Budget Amendment for this purpose. PREPARED BY: D . ·  tor REVIEWED AND APPROVED BY~ Public .Services Administrator DATE:~ I 2 3 4 6 '7 8 9 I0 II 12 13 14 I$ 16 18 19 2O 21 22 23 24 2S 26 27 28 29 3O 31 32 33 34 3S 37 38 39 4O 41 42 RESOLUTION NO. 97- A RESOLUTION APPROVING THE EXTEN'DITLrRE OF COb."NTY FUN'DS FOR EXPENSES rNCURRED IN CONIUNCTION WITH COLLIER COUNTY LIBRARY CFFFLDREN S PROGRAMS WI-IEREAS. Collier County ordinance 87-5 states fha! the Board of County Conunissioners shall adopt a Resolution authorizing the expenditure of County funds {'or valid and proper purposes, and WHEREAS, The Board of County Commissioners is desirous or creating a successful Children's Program within its Library Department to foster interest in libraries and good reading habits in the children of'Collier County. and W]-IEREAS. the ability of the Library staff'to provide supplies, including but not limited to finger paints, crepe paper, paper mache, crayons, balloons and play musical instruments Entertainment including but not limited to costume rentals, jugglers, clowns, eec, paper goods and food enhances the overall quality and appeal of children's library programs, and WHEREAS, funds for these expenditures will be available within budgets approved by the County Commission for the Library Department and will not exceed $ I 5,000 armually. NOW, Tt-~REFOILE BE IT RESOLVED BY TFI~ BOARD OF COUNTY COI~FlSSION'ERS OF COLLIER COUNTY, FLOR. IDA that the Board hereby authorizes expenditures of funds to purchase equipment, supplies, entertainment, paper goods and food associated with the Children's Programs of the Library Department This Resolution adopted after motion, second and majority vote DATED: ATTEST: BOARD OF COUN'FY CON~VHSSION'ERS DWIGHT E. BROCK, CLERK BY: Timothy L Hancock, Chairman Approved as to form and le~ sufficiency .. " ~ Ramiro Manalich .~ Assistant County Attorney FE, 2 5Ja 7-' ! Librar~ Trust Fund N M For Budgel/Firmnce Use Only (612) JE,~ BAR~ A.P.H. Da~e FUND TITLE (FUND NO.) Date prepared: 2 / 18 / 97 f previously approved, BCC Agenda Date: ~ Lib. Admin. & ~stCenter~tle EXPENDITURE Item No. Naples Branch 156110 Cost Cen~er No. P N IT R 646110 -.. 647110 Bldg. R&M Printing .... Lib. Admin. & Naples Branch :ost Center Title EXPENDITURE 652990 649990 156110 To~ COSt Center No. XP NDIT R TIT . Other Operating Supplies$__ Other Misc. Services TO BCC YES NO A:ach Executive Summa~, Project Title P,OjK~ NO. INCREASE CURRENT REVISED $- S_ S_ $__ (;~000) $__6000 $ ~000 -. $__ ( 1000 ) $__3000 2000 ..... $__ $-- S__ Project TRle Proje~ No. INCREASE CURRENT REVlSED 1500 0 1500 $ $__ $_ 1500 $__ 0 I~00 S_ S_ L S_ $-- $_ $_ ,3st Center Title REVENUE R V N T TAI Cost Center No. To~ Project Title INCREASE CURRENT $_ $__ $_ Project No. REVISED S__ funds needed? At the present time there are no funds allocated in appr~riate accounts to make necessary purchases in the areas of Equipment/Supplies, Entertainment/ Rentals, Paper Goods and Food for Children Services and Special Library Programs. Wherearefundsava[la~e? Funds are available in Fund 612, Library Trust Fund', including donations and funds frsm bock sales. ' .. COST CENTER DIRECTOR: DIVISION AD,MINISTRATOR:~ EUDG~-I' DEPARTMENT.~ AGENCY MANAGER: FINANCE DEPARTMENT: CLERK OF BOARD ADMIN: INPUT BY: B.A. NO.: Form No. CCXX)4 ~0/01/cJO EXECUTIVE SUMMARY RECOMMENDATION TIIAT TIlE BOARD OF COLLIER COUNTY COMMISSIONERS APPROVE THE ATTACHED BUDGET AMENDMENT THAT PROVIDES FUNDING FROM WITHIN EXISTING LIBRARY IMPACT FEE FUNDS FOR THE PURCHASE OF LAND FOR A NEW NORTHERN REGIONAL LIBRARY OBJECTIVE: To plan in a professional and cost-efficient manner for the future growth of the Collier County Public Library System. CONSIDERATIONS: The future expansion of the Public Library System is controlled by the population growth in Collier County. Our Growth Management Plan authorizes .33 square feet of space for each citizen. At the present time, including the enlargement of the Marco Island facility, the County has no deficit in square footage requirements. The Regional Library concept adopted by the BCC in the fall of 1996 was designed to provide for future growth. The planned single Regional Library facility, when built, will replace the need for building 3 or 4 neighborhood facilities. The kev component in this regional concept is the location of the new facility. In order to maximize the success of this new type of library service, it must be placed in a location that is easily accessible from the clustered neighborhoods being served. In addition to pursuing sites that can be purchased, the Library will initially be seeking donations of land that would be suitable for the Regional Library. However, due to the value of properties in the Immokalee Road corridor, attempts to date at obtaining donated lands have not been successful and purchase appears to be the more likely option. The new Regional Library would not be built until the population reaches the authorized level; however, the location could be selected and obtained in advance at a considerable savings and with an ability to locate the facility in a more centrally located site. GROWTH MANAGEMENT IMPACT: Funds would be used to obtain land for future use in meeting the Growth Management Plan's authorized .33 square feet of library space for each citizen. FISCAL IMPACT: Although land in the desired area costs as much as $2M for five acre of commercially zoned property that fronts Immokalee Road, $205,000 is being requested to fund this project. Funds will be taken from Library Impact fee (fund 355) reserves and will have no impact on the general fund. These funds, while clearly not enough to purchase a tract at market price, will be used to hopefully leverage the purchase of land, along with the amenity value of having a library located near any development, and the volume of traffic that a Regional Library will automatically produce for any commercial center being planned. In addition, the funds will provide for some initial analysis of property to determine that any selected site will be developable, to fund Capital Projects Management fees, closing costs, and Real Property Department costs associated with the purchase and to comply with any exotic eradication requirements for undeveloped properties required by the Land Code. - --~gen County's Development I NO. ~0 / ~?~ I FEB RECOMMENDATION: That the Board of County Commissioners approve the attached budget amendment and authorize the Library to obtain suitable property for future expansion. Reviewed and , ...-_,._. Approved by:~ Thomas W. Olliff ~lJ Public Services Administrator Library TITLE Impact Fee Date prepared:~nn. 7, !9~7 _ If previously approved, BCC Agenda Date: _ - RESERVES Cos~ Center Title EXPENDITURE OBJECT COOT 993000 Dost Center T/~le (355) OBJECT CODE 761100 631500 631551 639980 - 763!nq (FUND NO.) / / EXPENSE 919010 Cos~ Center No. _ Item No._ BUDGET DETAIl For Budget/Finance Use Only 8A~ JE# BAR4~ A,P.H. Dale TO BCC YES NO _ At~ach Executive Summary Project Title EXPENDITURE TITLE Reserves for Capital INCREASE (205,000) CURRENT E 156175 Cost Center No. To~qJ $_ (205,000) North Regional ProjectT/tle EXPENDIT~RETITLE Land INCREASE $_150,000 Architectural Fees $_ 10 000 Cons'truction Mgr. Fees $ 10,000 Interdepart. pymt.for Srvc.lO,O00 - -Tm?rnvPm~nr~/G~nera~ $_ 25t000 Library CURRENT 0 $_ 0 S 0 $., 0 - S. 0 To~ $_205,000 P,ojec~ No. REVISED 80259 Pr~e~ No. REVISED 150,000 S_ 10,000 S_ $_10,000 10,OOO -- S_25,000 :ost Center Title REVENUE , OBJECT CODE REVENUE BUDGET DETAI~I Cost Center No. Project T/tie REVENUE TITLE To~ Projec~ No. INCREASE CURRENT REUSED Why are funds needed? In the development of a service center the loca=ion is extremely impor=an=. By selecting the land now thousands of dollars will be saved. Wherearefundsava~a~e? Impact Fee Reserves COST CENTER DIRECTOR: DIVISION ADMINISTRATO~ BUDGET DEPARTMENT: AGENCY MANAGER: FINANCE DEPARTMENT: CLERK OF BOARD ADMIN: INPUT BY: B.A. NO.: Form No. CC004 TO/OS/go EXECUTIVE SUMMARY RECOMMENDATION THAT THE BOARD .OF COLLIER COUNTY COMMISSIONERS EXERCISE THE RENEWAL CLAUSE EXTENDING USE OF TWENTY (20) PARKING SPACES ON TItE COUNTY GOVERNMENT COMPLEX FOR USE BY TIIE ST. MATTIIEW'S IIOUSE FACILITY LOCATED IN THE OLD EAST NAPLES FIRE STATION OBJECTIVE: To provide sufficient parking spaces for the homeless food kitchen at the old St. Matthew's House location to continue to operate without being in violation of County code. CONSIDERATIONS: On September I0, 1996, the Board of County Commissioners approved a Lease Agreement with the Ta k F m I for utilization of twenty (20) parking spaces at the Government Center, adjacent to St. Matthew's House, which was the former East Naples Fire Station (copy attached). At that meeting the Board requested that the Agreement be resubmitted for consideration prior to the six (6) month renewal. The initial term contained in the Agreement was for six (6) months commencing on September 29, 1996, and ending March 29, 1997. The Agreement provides for a six (6) month extension, provided the Lessee is not in default of any terms contained in the agreement. The Lessee, as of this date, is not in default of any of the terms in the Agreement and requests the continued use of the parking spaces. Collier County, as Lessor, has the right to terminate the Agreement with or without cause by providing the Lessee with a thirty (30) day written notice. FISCAL I~IPACT: None. GROWTH MANAGEMENT IMPACT: None. RECOMMENDATION THAT TIlE BOARD OF COUNTY COMMISSIONERS, approve a six (6) month renewal term contained in the Lease Agreement with the Task Force for the Homeless. Prepared by __ Date:. o2. / s/ - ~' ') pecialist, Real Property Management Department Reviewed and .... Approved by:~ Thomas W. Olfiff, PubJ~i~.~ervices Administrator ,~C.~..-7-. ~ OO/. z ,5-'.5-' Lease #7] I L~A~£ AGRI~MENT THIS LEASE AGREEMENT entered into this ..,/-~ day of ff~.~.~/ . 1996, between Task Force for the Homeless, a tax exempt charitable Trust, by its undersigd~ed Executive Director who has been duly authorized by the Trust to execute this Lease Agreement, whose mailing address is 2501 South Airport Road, Naples, Florida 34112, hertinafler referred to as "LESSEE", and COLLIER COLIN'FY, a political subdivision of the State of Florida. whose mailing address is 3301 East Tamiami Trail, Naples, Florida 34112, hercin~er referred to ~ "LESSOR". WITNESSETH In consideration of the mutual covenants contained herein, and other valuable consideration, the panics agree as follows: ARTICLE I. D~=2i~oL,~.:~tM LESSOR hereby leases to LESSEE and LESSEE hereby leases fi.om LESSOR twenty (20) parking spaces in the Collier County Governrnent Center parking lot, hereinafter referred to ts "Demised Premises" in accordance with the terms of this Lease. Said parking spaces shall be designated for the following uses: one (I) handicappcd, one (I) loading zone and eighteen (18) regular. ARTICLE 2. Zcall.oi.l..ca~ LESSEE shall have and hold the Demised Premise for a term of six (6) months, commencing on September 29, 1996, and ending March 29, 1997. LESSEE is granted the option, provided it is not in default of any of the terms of this lease, to renew same for an additional six (6) months under the same terms and conditions, a.s provided herein, by giving written notice of LESSEE'S intention to do so to the LESSOR not less than thirty (30) days prior to the expiration of the leasehold estate hereby created. Said notice shall be effective upOn placement of the notice in an official depository of the United States Post Office, Registered et Certified Mail, Postage Prepaid. LESSOR has the right to terminate this Agreement with or without cause by providing the LESSEE with thirty (30) day written notice. Said notice shall be effective upon placement of the notice in an official depository of the United States Post Office, Registered or Certified Mail, Postage Prepaid. , ARTICLE 3. Rent LESSEE hereby covenants and agrees to pay u rent for the Demised Premises the sum ofTen Dollars (Sl0.00) per annum which shall be due and payable on the date of execution of this AgreemenL ARTICLE 4. Modifieations to Demised Premises LESSEE shall not be permitted to make any changes, alterations, additions or improvements to the Demised Premises. LESSEE covenants and agrees not to use, occupy, suffer or permit said Demised Premises or any part thcr¢of to be used er occupied for any purpose contratry to law or the m les or regulations of any public authority. ARTICLE 5. Assi_tmme~t and SubleM~n_~ LESSEE covenants and agrees not to assign this Lease or to sublet the whole or any part of the Demised Premises, or to permit any other persons to occupy same without the written consent of' LESSOR. Any such assignment or subletting, even with the consent of LESSOR, shall not relieve LESSEE fi'om liability rot payment of rent et other sums herein provided et'fi.om the obligation to keep and be bound by the terms, conditions and covenants of this Lease. The acceptance or rent from any other person shall not be deemed to be a waiver of any of the provisions of this Lease et to be a consent to the assignment of this Lease et subletling of the Demised Premises. FEB 2 5 lq,q7 A~TICLE 6. ~ LESSEE, in consideration or' Ten Dollus ($I0.00), the receipt and sufficiency of which is hereby acknowledged, shall indemnify, defend and hold h~'mless LESSOR, its agents and employees fi'om amd agaial~ z~y and all liability (statutory or otherwise), damages, claims, suits, demands, judgments, costs, interestt expenses (including, but no limited to, attorneys' fees and disbursements both at trial and appellate leve'lV~ ~'ising, directly or indirectly, from any injury to, or death of, any person or persons or damage to properW (including loss of use thereo0 related to (A) LESSEE'S use of the Demised Premises, (B) any work or thing whatsoever done, or any condition created (other than by LESSOR, its employees, agents or con.clots) by or on behalf of LESSEE in or about the Demised Premises, (C) any condition of the Demised Premises due to or resulting fi'om any default by LESSEE in the performance of LESSEE'S obligations under this Lease, or (D) any act, omission or negligence of LESSEE or its agents, contractors, employees, subtenants, licensees or Jnvitees. In case any action or proceeding is brought against LESSOR by reason of any one or more thereof, LESSEE shall pay all costs, attorneys' fees, expenses and liabilities resulting therefi'om and shall defend such action or proceeding if LESSOR shall so request, at LESSEE'S expense, by counsel reasonably satisfactory lo LESSOR. The LESSOR shall not be liable for any injury or damage to person or property caused by the elements or by other persons in the Demised Premises, or fi'om the street or sub-surface, or from any other place, or for any interference caused by operations by or for a governmental authority in construction of any public or qua~i-public works, The LESSOR shall not be liable for any damages to or loss et', including loss due to petty thefL any property, occurring on the Demised Premises or any part thereof, and the LESSEE agrees to hold the LESSOR htrmless fi'om any claims t'or damages, except where such damage or injury is the result of the gross negligence or w~llful misconduct of the LESSOR or its employees, The LESSEE hereby acknowledges that the rent called for in Article 3 of this Lease has been reduced by ten Dollars (S 10.00) and is hereby considered by LESSOR as payment of'the obligation by LESSEE. ARTICLE 7. ,~ LESSEE shall provide ~nd maintain comprehensive general liability, including contractual liabiO bodily injury and property damage in am amount not less than One Hundred Thousand Dollars and No/CenT~ ($I00,000.00). Collier County shall be listed ts an additional insured on said policy. LESSEE shall carry and maintain Worker's Compensation Insurance as required by the State of' Florida. All insurance policies required above shall be issued and written with a company or companies authorized to engaged in the business of insurance in the State of Florida and authorized Io do business under the laws of the State of'Florida. Evidence of such insurance shall be provided to the Collier County Risk Management Department, 3301 ~ Ta.-r, lami Tr'~l, Administration Building, Naples, Florida. 34112, foe approval prior to the commencement of this Lease Agreement; and shall include a provision requiring ten (10) days prior written notice to Collier County c/o County Risk Management Department in the event ot'cancellation or changes in policT(ies) coverage. LESSOR reserves the right to reasonably amend the insurance requirements by issuance of notlcc in writing to LESSEE, whereupon receipt of such notice LESSEE shall have thirty (30) days in which to obtain such additional insurance. ARTICLE 8. ~ This Lease shall be administered on behalf of the LESSOR by the Public Services Administrator ot its deaignee and on behalf of the LESSEE by the Executive Director of SL Matthew's House. ARTICLE 9. ~ During the terr0 of this Lease, the LESSEE shall submit tot he Public Services Administrator on ot bet'oro thc tenth (l 0~) day of each month a~ operations repo~ including the stati~cal data tega.-'ding clients served and enclosing a report on cha~ges in operations of St. Matthew's House, in older to afford the Public Serdces Administrator the data for preparation of the report to the Board et.County Commissioners to be rnade upon the sixth (6~ monthly anniversary of the effective date of'this Lease. Thc Public Services Administrator shall notify the LESSEE in writing within thirty (30) days ora receipt ora report of any objections thereto. A~TICLE I0. Control and Maintenance In tn attempt to act u a good nei~bor to adjacent property owners of St. Matthew's House, the LESSEE hereby agrees to monitor and control its clients and to make every good faith efTott to reduce any negative impacts to LESSEE'S neighbors resulting ~'om the operation of St. Matthew's House on the Demised Premises. Such good faith efforts shall include, without limitation, ttuh collection and clean up or.the Demised Premises, as well as reporting all incidents or' trospuslng er loitering to the appropriate authorities, and meeting w~th adjacent propc'~ owners on a regul~ buls to discuss the LESSEE'S operations and its impact on the neighborhood. LESSOR shall not be obligated ot required to improve, repair, or maintain the Demised Premises in any manner whatsoever. ARTICLE Any notice w~ich LESSOR or LESSEE may be required to give to the other ps.,'ty shall be in writing to t~e other pa~y at the following addresses: LESSOR Boant of County Commissioners c/o Real Proper~ M~agement Dept. 3301 E~st Tzmiami Trail, Admi~stratlon Bldg. Naples. Florida 34112 LESSEE Chairman et'Task Foree for Homeless c/o Executive Director 2501 South Airport Road Naples, Florida 34112 cc: Public Services Administrator cc: Executive Director ARTICLE 12. Non-Discrimination The LESSEE in exercising any of the rights or privileges herein granted, shall not on the ~'ounds or. race, color or natuzal origin discriminate or permit discrimination against any person ot group or. persons in any manner. The LESSOR is h~eby granted the right to take such action, anything to the contrary herein notwithstanding, a~ t~e United States may direct to enforce this non. discrimination covenant. ARTICLE 13. J~ LESSEE fully understands that the police and Isw ent.oreement security protection provided by law enforcement agencies to the Demised premises is limited to that provided to any other business or agency situated in Collier County, and LESSOR ac~owledges that any special security measures deemed necessary tot additional protection of the Demised Premises shall be the sole responsibility and cost or. LESSOR and shall involve no cost or expense to LESSEE. ARTICLE 14. Effective Dat~ T~s Lea. se shall become effective upon execution by both LESSOR and LESSEE. ARTICLE 15. ~ T~s Lea.se shall be governed and construed in accordance with the laws of the State o£Florida. FN WKH,,rESS WHEREOF, the panics hereto have hereunder set forth their hands and seals. · ~ '~" TIIE LESSOR AS TO LESSEE: ,~/ T ., ~ ,,SecretaO, ~t n~e) TASK FORCE FOR THE HOMELESS a tax exempt charitable Trust FRANK MEEHAN, Executive Director FEB 2 5 tq.q7 '°. ATTEST: DWIGHT £. ~ ,. ?.;, ...~..~. ,~ ~',.. ~i~t Co~ BOARD OF COUNTY COMMISSIONER~ BY:~ EXECUTIVE SUMMARY RECONfMENDATION TO APPROVE A STIPULATED FINAL JUDGMENT FOR THE DEFENDANT, SOUTFIERN STATES UTILITIES, ATTORNEY FEES AND COSTS IN THE CIRCU1T COURT CASE OF COLLIER COUNTY V. POINT MARCO DEVELOPMENT CORPORATION, ET AL., CASE NO. 92-4315-CA-01-DRM OBJECTIVE: That the Board of County Commissioners approve the expenditure of $5,114.00 for the Defendant, Southern States Utilities, attorney fees and costs in the above-referenced case. CONSIDERATIONS: In December, 1992 Collier County filed an eminent domain suit in circuit court as a slow take to acquire in fee simple a lot in the southern portion of Marco Island as a parking lot. On May 10, 1994 the Board adopted Resolution No. 94-346 approving the settlement agreement and stipulation for the above-referenced case. The County and MICA received the deed to the parcel of land for a parking lot and passive park in July, 1994. As part of the settlement agreement, Collier County agreed to pay or defend and be responsible for costs and attorneys' fees of any Defendants not party to the Settlement Agreement. All defendant's costs and attorney fees have been paid and settled except for Defendant, Southern States Utilities. Southern States Utilities has submitted a Motion to the Court for attorney fees and costs in the total amount of $5,114.00. The attached Stipulated Final .l'udgment has been agreed upon by the County and the Defendant. FISCAL IMPACT: Funds for the attorney's fees and costs amount to $5,114 and are available within the Regional Park Impact Fees (fund 345) reserves. Funds from regional park impact fees are recommended as this cost is associated with the regional park project known as the South Marco Beach Parking Lot project and as such, are an eligible impact fee expense. GROWTH MANAGEMENT IMPACT: None RECOMMENDATION: That the Board approve a budget amendment and the expenditure of funds in the total amount of :1;5,114.00 for the Defendant's attorney fees and costs in accordance with the Settlement Agreement approved by the Board on May I0, 1994 and approve the necessary budget amendments for this expenditure. Prepared by: ' ' David C. Weigel, County Attorney Prepared by:~l~~~~ Thomas W~u~)Services Administrator COLLIER COUNTY, FLORIDA a political subdivision of the State of Florida, Petitioner, VS. POINT MARCO DEVELOPMENT CORPORATION, et al., Respondents. IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY, FLORIDA CASE NO. 92-4315 STIPULATED FI__.NAL JUDGMENT THIS CAUSE having come before the Court upon Joint Motion made by Petitioner, COLLIEF,. COUNTY, and Respondent, SOUTHERN STATES UTILITIES, INC. ("SSU"), by and through their undersigned counsel, for entry of a Stipulated Final Judgment as to the property interests of Respondent, and it appearing to the Court that the parties are authorized to make such Motion, the Court finding that the agreement reached between the Petitioner and Respondent wherein the Easement conveyed to SSU, recorded in OR Book 1483, Page 500 of the Official Records of Collier County, Florida, shall remain an Easement for right-of-way on Lot 1, Block 340, Marco Beach Unit 10 and constitute full settlement for the Respondent, SSU, exclusive of attorneys' fees and costs, and the Court being otherwise fully advised in the premises thereof, it is thereupon -, ORDERED AND ADJUDGED that the Respondent, SSU, has and recovers from the Petitioner, COLLIER COUNTY, no compensation and that the Petitioner, COLLIER COUNTY, shall not condemn and does hereby release the Lis Pendens of the above- styled case as to that certain Easement for right-of-way conveyed to~ recorded in OR Book 1483, Page 500 of the Official Records of Collier County, Florida, for Lot 1, Block 340, Marco Beach Unit 10 and that said Easement shall remain for the purposes stated therein and as contained in OR Book 1483, Page 500 of the Official Records and constitute full settlement for the Respondent, SSU, and for any and all damages resulting from the above styled case, exclusive of attorneys' fees and costs. It is further ORDERED AND ADJUDGED that Petitioner, COLLIER COUNTY, shall pay a reasonable sum for attorneys' fees and costs to SSU of $5,114.00 (FIVE THOUSAND ONE HUNDRED FOURTEEN AND NO/100 DOLLARS), and it is further ORDERED AND ADJUDGED that the above sum shall be deposited by PETITIONER into the Registry of the Court within thirty (30) days from receipt of a conformed copy of this Order, and it is ORDERED AND DIRECTED that the Clerk of this Court shall immediately pay from the monies deposited by the Petitioner in this cause the sum of $5,114.00 to the GRAY, HARRIS & ROBINSON, P.A. TRUST ACCOUNT, Post Office Box 3068, Orlando, Florida 32802. DONE AND ORDERED in Chambers in Naples, Collier County, Florida this ~ day of __, 199~. Copies to: ;" l~,-.,.a,,~, Esquire JoVan A. Noland, Esquire G. Donald Thomson, Esquire Cheker Oil Company Vincent Murphy, Esquire Brian P. Patchen, Esquire Donald G. Childs, Esquire Kent L. Hipp, Esquire Ernestine Cousineau, CIRCUIT COURT JUDGE JOINT MOTION FOR ENTRY OF STIPULATED FINAL JUDGMENT The parties, by and through their undersigned attorneys, respectfully move for entry of the foregoing Stipulated Final Judgment. SHIRLEY JEAN MCEACHERN, ESQUIRE ASSISTANT COUNTY ATTORNEY COLLIER COUNTY 3301 Tamiami Trail East Naples, FL 33962 Florida Bar No. 179284 SHIRLEY JEAN MCEACHERN GORDON H. HARRIS, ESQUIRE KENT L. HIPP, ESQUIRE GRAY, HARRIS & ROBINSON, P.A. P.O. Box 3068 Orlando, FL 32802 Florida Bar Number: 094513 Florida Bar Number: 879630 Dated: / Agend FEB251997 J EXECUTIVE SUMMARY RECOMMENDATION TtlAT TIlE BOARD OF COUNTY COMMISSIONERS AUTHORIZE THE CHAIRMAN TO EXECUTE AN AGREEMENT, FOLLOWING PROPER FORMATTING AND ANY MINOR AMENDMENT BY THE COUNTY ATTORNEY'S OFFICE, BETWEEN THE COUNTY AND THE FORD MOTOR COMPANY FOR THE CONTINUED USE OF A VAN FOR THE VETERAN'S TRANSPORTATION PROGRAM. OBJECTIVE: To continue the successful Veteran's Transportation Program through the use of a donated van from the Ford Motor Company. CONSIDERATIONS: The County has for three (3) years had the opportunity to use a new prototype van th. rough the generosity of the Ford Motor Company. The current agreement for use of this vehicle expires on March !, 1997. Attached is a proposed agreement submitted to the County by Ford, which will extend the County's use of a van type vehicle for another two (2) years. This dra~ agreement needs to be correctly formatted and reviewed for legal sufficiency by the County Attorney's Office. As a result it is requested that the Chairman be authorized to execute the agreement following a review and the completion of' any minor amendments deemed necessary in order to continue the program without any gap in service. GROWTH MANAGEMENT IMPACT: None. FISCAL IMPACT: There is no cost associated with the acceptance of' the van. All maintenance is performed by the Ford Motor Company, and all operating costs while borne by the County including fuel, oil, lubricants and insurance are budgeted and available within the operating budget of the Veteran's Services Department. RECOI%.Ii~IENDATION THAT THE BOARD OF COUNTY COMMISSIONERS, authorize the Chairman to execute an agreement for the use of a donated van with the Ford Motor Company following review and minor amendments made by the County Attorney's Office. Prepared and Recommended ~ _ ,__.._., ~ for Approval b~ Thomas W. 0 Il i-fi, Pu-~ic ,'~ices Administrator FORD MOTOR COM~I~AN~ F~£T T~T ~LF. ET TI:::~T E;(~UXI'Id~NT LOAN AGR~F-~ffi:NT for the purpose of a:d:ng Ford in evaluating various ·spects of the acc$r~aace with thc :er~r**,$ amd condition& O~ this A~reemen~. TZ~ & CO~ITION$ i. D~. Fcrd and Borrower agree :ha% this Loan Agreemen~ shall consci~u%e · ~a%Imen~ of ~he E~ipmen: co Borrower. For~ hereby ~ends t~e ~ollowing motor ~i~i~megt. ~n accordance with :hi~ Loam A~reemen~: .9~ E.~50 SC DESCR~e-:ON :lee: operations in the ~ &rea ~o= the purpose st assessing Ford in evalua~ng £ts veh~cies. ~he £c~ipmen~ mhall remain the pro~er:7 of Ford, and Borrower shal~ bear tho rie~ sE ~os= of and d~&~e to =~e ~quipment (not to exceed ~&i~ market value of the vehicle), incIud~ng loss o= ~.&~= :ho: occurs despite Borrower'g exercise sE reasonable c&~e, ~ut ex=ludin9 no~a~ vaa~ ~d ~e~. ~e ~ipmon~ ~hall a~ al~ ~i~ea be p~ope~y use~ ~.~ ~in~ined ~ Borrower, shall b~ ma~ked "P~ope~cy o~ Fo~d Koco~ ~o ford, ~pon re~es~ by ~ord, ~he E~i~men~ shall be i~edi~ely de~ivere~ ~o Ford. Ford shall have the riBh~ to e~er in~o Borrower's premAses ac all ~here:o. Borrower shall from timu to time advise Ford of the ~ocation of the Equipment. · _'n_!%'~. To t~.e extent purmitted by Sect:on ?~8.2~($). Florida Statutes, in, ir respective officers, dir~ctor~, agents, and employees {herein re:..':~n of ac:ual or alleged. {i) inju~ to or death of persons (includiag, limitation, ~y employee or employee~ o~ one or more of In~em~cee of of Borrower of or on~ or more of its contractors, ~:Dccr.~ractors, vendcrG or a~ent~); {i~) los~ of or d~mage to the property o~ ~'f person o~ legal en:~ty (including without limitatioa ~y property of employee or employees of one or more of the Inde~item or o~ 5$rrcver or of one or more o~ i~ COntrac:ors, uendors or agent~) or, (:it) violet:on of ~y la~, o~din~ce or re~lation of gov~ental authority {including, withou= 1imf%orion, ~he 'jn;~ed Sro:es of ~T. erica or ~7 Of it~ ~tat~ Or ~ocalicie~, or C~nada or ~'f of i~s province& or localzties) ~y Borrower or bY ~ny of its contrac=cr~. ~con:ra=~or~, vemdo~s, agen%~ o~ or, p ioyees. ~:.:.eo~;~n or use by or on behalf c~ Borrower of the E~ipmen~. or the ~rcvxded. however, :hat the foregoing agreement to in~emzlZy ~d hold ac%ion, sui=, jud~en:, decree, order, cos=, or e~ense are attribu=~1e negligence or the willful or w~=on misconduct of the Indem~i~ee. ~.e ~9reemsn~ to indemnify ~d hold ha~le~, ehal~ also not be applic~le to ~y =his Paragraph of which Borrower has actual no=ice, ~d ~ord shall ~o participate in the defense of ~y claim ~or gover~.~,en~a! ~h~rges i~posed ~n c~nnec~£on w~h ~he use ~nd operation c~ ~he E~ip~en~, includin9 ~ny pea. its0 ~pecial permits. ~icense$ ~r tax~s required by :he ~gines~ o~ Borrover. emissions tests, a~d all sales u$~, excise, person~! (dad all increases therein) currently in force or which hereafter may be enacted and become due ~nd paymble during ~he lease.term with respect to ~he Equipment or its o~nership, possession, rental, transportation or delivery. Ford shall ass~e :e~:ed in accordance with ~h~ laws of the jurlsdic~on where the £qu~pment has ~cen regis~er0d and =ailed. Ford ,ha~ ~btain and provide Borrower wi~h a[~ nvc~r~a~/ authorizations, permits, waivers or ~xemptlons whzch may ~e required e~i~ped wi~h Ford's em[onion davit,. Borrower sha~l use, operate, and test ~he ~iD:~ent only :n accordance with the ~erms and provision~ of any such a',::harizaticn, permit, waiver, or exemption, ~d expressly a~rees ~o indemnify and said karmless Ford from a~.d against any and all dama~,s, suits, actions, claims, co~t~ or expresses arising from. or connected with, any violation or noncompli&fl:e ~;th any o~ the ter~s and pro'/ision~ of any ~uch authorization, permit, waiver or ~xe~tion by Borrower or ~ny of ic~ agent or employees· ;nuurer fo: automobile liability and/or Gel~.in~ured for comprehensive genera~ ;..~ .... the ~oilowin~ retirements for procurin~ and ma~n~ainin~ Guch insur~ce sorrower, a% i~ Gale cos~ ~nd ex-pence, shall ~rccure and maintain d~r%ng the term, c~ th:~ Agreement, from in~urers listed in a ~urrent ~cssess~ng minim~ policyho!der's rating of "A" a~d a , .... i~ applyi ~n=~r~nce coverage shall protect the Borrower, Ford and ~ny ~erson ~sing. :'=:~:renen:s of any so-called "no-foul:" law no= he enacted. :nsur~ce policy shall n~.e Ford dS a~ additional insured and shall provide the policy may nec be ca-celled o~ mater:ally alzered without 30 days prior · .tit:eh no::ce to Ford. The insurance provided ~y Borrower will be primary :nsurance and will no~ be excess to or contributory wi%h respect co insurance cc'.'urage, if ~n¥, provided by Ford. before delive.--y of the E~ip=en: :o Bcrrcwe=o Borrower shall provide Ford accep%able evidence of insurance coverase in accordance with this Loan requ:re~ coverage, or certified copies of existing insurance po%icies'~ha~ have endorsed to provide the required coverages, or certificates of inGUr~r, ce executed by ~he insurer or its authorized representative that certify the Agen .d_a J t,el. NO, ~ FEB 2 S reqd~ted coverages. The furns0h~ng of such insurance ehaXl not relzeve Borrower any liability or obligation for which it is otherwise responsible to Eo~d. Fo~-d shall be under no duty to examine any certificate provided by Borrower o£ to advise sorrower that its insurance coverage does not co=ply with the recpJirement~ ~-- n ~ Re air . Bc==ouer sh=ll ~.~spect t~e Bqu[pmen= upon del~ve~! and by accepter, ce thereof is deemed to f~nd the £quipment in good working order and ccndsCion. The Borrower does not hereby warrant that the e~pmont is ~it for any pa~cicular purpose ~nd/or ute. Borrower or ets designee, shall maintain =quip=cst in gc~ ~o~king o~d~= ~d condition, properly se~iced ~d greased. zha[! comply in eve~f respect with the p=ovlsions of Paragraph 10 heteo~, a~d the ~.ufacturer'~ o~er manual that c~e ~ith the e~ipment. Ford. o= its de~igaee, shal~ make, ~d Ford shall pay ~or, all ma2or repaxrs necessa~ to m~i~ain the E~ipmeflt in ~ood working ocde~ ~d cond~tiofl. Title to all such ~ozvice personnel except that watt. CF york, to the extent praccic~le, sha~l Con~ a: the shop st the nearest authorized de,let in =uch ma&e o~ the E~p~en:. ~orrower shal~ p&y tot all gasoline, oil and no~al service re~:re~ for proper opera,ion of ~he E~ipment and for all washing, ~arking, garage, highway ~o,~d ~erv;ce, ~o1[~, and fine re~ired or incurred ~n connection with the D,llv,.-- f £ ~-m n-. Ford shall be responsible for delive~T of the Equipment %o 5orrower at COLL~£R COtR~,'TY B A.%D OF , R N GrFicZ$. Ford shall no% be re~ponsib!e for any delay in delivery of the E~pme~t. U~o cf ~, Borrower shall not use cr opera:e the Equipment in violation of .Lq? ~ede=al, state, local, or provincial la~, rule. rog-elation or ordinance incLudxng tno~e pertaining %o =he age and licensing of drovers, the disclosure of Ford's interest in the ~qu~pment, or other requirements or limitations. Under no c:~c~m, stance5 shall Borrower d~scom.~ect any odometer or o=her mileage record:nD .uvv:c~ nor shall Equipmen= be used or operated (a] in a mar.nor subjecting it to ~pzecsa:ica above the no.~r, al depreciation associated with genera~ commercial use. (~) for ~ty illegal purpose or by a person under the influence of alcohol or na~c~%ics. (c) in any m~%~er or ~or any purpose that would cause ;screamed ~a coo=, or (dj out~ide the continental United States or C~nada without ~r~'s expregG written pe.-m, is~ion. The Equipment shal~ be operated at all £~,~pmen= may be opera,ed only by persons who are employees of the Borrower and szan. d xn relations to the Borrower as employee to employer or by duly authorized vol,~n=eer drivers c~ the Collier County Veterans Transportation Services Program. Fu~Lt;e=, the operation of the Equipment shall be conducted under ~he exclusive ~upcrvi~ion, direction and control of Borrower and the Collier County Veterans '?r~nsportatScn Services Program. Under nc circumstances shall an employee of sorrower or a vol=steer driver with the Collier County Veterans Services Program be considered or held out as an agen~, servant or employee of Ford. Tn'.etxonn R orr . Borrower agrees ~o allow Ford tO inspect the Ec~ipment ~d to otherwise oAserve it £~ ~leet operation at such tame amd ~ac£1~ty as Ford may specify. Borrower shall provide Ford with such mileage, maintefl~ce, safety. oP~ratxng, or other information or copies o~ any such record~ maintained by Sorrower with respect to the vehicle as For~ and any governmental agency may :'~,ire from txme to time. ~gu:pment from the time it is delivered by Ford to Borrower at R~' ~ XBS R F r WA E ~ and unti! the £quipment h,:s been returned Co Ford at its local dletricC sales of Eice or aC such other local Ford dealership as Ford may desi~na~. Borrower shall be responsible for any a~.d a:l damage to :he £quipment, whether caused by accident or otherwise. :n ~he event of d~mage Co the E~ipmen:, Borrower shall nc~ity Fo~d co cha~ o~cc: and ~ollo~ such ~ns~ruccions as Ford ma~ provide vi~h respect co repair o~ dxcpcsal si ~he E~i~menc. 8orrower shall be responsi~le ~epairs co the extent nec cove:ed b~ insurance Anuring Co the ~enefAt o~ Fo~d. :f ~y E~:~men~ is los~, Gcole~, destroyed or i8 declared a CeCal constructive ~oss (subject ~o Ford's a~reemenC as C, Guc~ condition), Borrower shall prompcl~ ao=~[y Ford ~herecf and hold ~ wreckage ~or disposal bM Ford. With respect co ~aW ~ost, stolen, or destroyed E~pm~nc, Borrower shall pay Ford (co ~he extent ~o~ ,o'/ered ~ insu:~ce [~uring Co ~he beneEi~ o~ Ford) an ~mo~c e~al Co ~hclesale ~arke~ value for a compar~ly e~ipped E~ipmenc in a condition similar :o the lo;c, stolen, or destroyed E~ipment imnedf~tely prior ~o a~y such loss. ~'~. ur n A id n- . Within 24 hours cf an accident, theft or conversion of an7 ~Ji~en:. Borrower ~hall file a written report ~o tha~ effect with Fold and · .he ;nsur.r of such Equipment. Borrow0r shall promptly notify an~ furr. i~h Ford '..th e'/ec/demand, notice, s~v.mons, process, And pleading rece~vsd in evety su~t. ~c%~:a, or claim arisinF ~ith respect to the condition, use or operation of the ~pmen:, ~ad cccperation with Ford and the insurer in de~endArg the same. Ford Jesc~es the right to examine any such Equipment. ;? For~ may termina:e this Agreement at any time by giving 30 days ~r:~men no, ice ~o Borrower, excep: that Ford may ~erm~na~e this Agreement :r~ediazely upon written no:ice ~0 Borrower, ~n the even: Borrower prcvide or maintain any insurance re~axred hereunder, or in ~he event ~ec:F~u~za:ion, receivership law, or ~orr~wer's ma~xng an asBig~en~ for the creditors, or ~f Borrower makes or ~uffer; ~ny volLu~tary or assignments, or a=tac~.ent, lien, or levy is made of or attached to E~ipment. Borrower may Cs.-minnie this Agreement at any time by giving 30 written nozice ~o Ford. 6.~. Borrower is expressly prohibited ~rom assigning this A~reement or aelc~a~in~ ~srfo.-m.,~cs of any of its obligations hereunder withou~ ~he prior consent of Ford. Ford sha~l not be prohibited form selling, assigning, tr~ferrlng, or other-wise enc~v~erln~ any interest or right he:eunde~ with ~o the Equipment. Nothing contained herein shaI~ be intet'~reted as :e.eas~ng Borrower from ~ay of its obligations as specified in this Agreement. :~. ~. :lei:her party hereto shall identify the other party aa the joint ~enturer or partner or otherwise characterize the arr~'.gement between them as anything o:her than a bailment. To the extent permitted by Chapter 119. Florida ;:ecu:es, the Florida Public Records Law, or other applicable lawG, the Borrower shall no: disclose or publicize :o third party certain informs:ion: {e) any ~escrip:Lon of the Equipmen:, technical ~pecifications or other =qformation about :he £quipmen:: (b) the nature or terms o~ this Agreement; or (¢) the reluXts of an:, :esting, inspection or evaluation by Ford wi%hour Ford's prior written consent. Borrower Ghall take =he necessary steps to fmmiliari=e all appropriate e;,,ploTees of Borrower of its obligations under this paragraph. p:::~cse wha:o~over, ~pecificelly including but no: limited to any written, · ~: pi¢:or~al endorsement, teati~oniaI or advett£sement, whether actual :5. ~-c.c t4 %ute on ' ama . Ford ,hall not be liable for any ~ai~ure in performing any provision hereof due to fire or cther casualty, la~cr d:~ficulty, governmental restriction or any cause beyond Ford,s control. ZN NO £~ SHA/.L FORD BE LIABL~ FORA.%~ LOSS OF PROFITS, OTHER CONSEQUENT:A.~ DAF~AGES CR 2NCOh~NIENCE D~ TO ~ THEFT, D~OE, ~S~, DE~Y OR FAZLU~ OF D~X~RY CR DEFECT OR FAILUP~ OF THE EQUIP~ OR ~E T2~ CONS~D ZN RECO'~RZNG, RERAIRI[:G, SERVICING OR ~P~CI~G THE $~. ~6 L~ :to A -,,men Waver anent. This agreement constitutes the entire .:~reem~n: between tn. parties and may on~y be amended, modified, or ::y ~ written ~en~en~ executed by Ford a:.d Borruwer. Failure b~ Ford to enforce ,::/ te~,, provision, or condition hereof, et to exercise any of ~ts rights :.r u~age c~ ~rade modify, al:er er ~upplemen~ &ny O~ the te~m. cr proviEions .'entwined kere~n. All ~o%ices specified or ~ermi:ted hereon s~all be .:~ll be ~:'.'en by ~ostpaid U.S. mail, ~d shd!l 2e deemed g~ven when .<>:~cut:oa of :his doc~-en% indicates agreement with the te:'m,~s stated above a~.~ 5crrc~er'~ varran:~ and repre~en:~ :hat he il ~ off!car o~ ag,n: -~ au:her:zed to execute :his Agreement on ::~ behalf. i:. ~:~SS ~{E~CF, the parties hereto have caused this Agreement tO be executed B c:r:~er sha~l re:u L~ the e~di~men: ~~ ~/~ ~' ~.'l~ Flee~ Test. ~age~ County At~gney BROCK, CSERK ~VE SUMMARY REPORT TO THE BOARD REGARDING EMERGENCY REPAIRS TO THE IMMOKALEE JAIL, NAPLES JAIL AND BUILDING "K" ICE MACHINE CHILLER. OBJE(~TIVE: To notify the Board of County Commissioners of'emergency repairs to the Immokalee Jail, Naples Jail and Building "K" ice machine chiller. CONSIDERATIONS: On January 13, 1997 the potable water line supplying the Immokalee Jail ruptured. The water line fed the kitchen, boiler room and two dormitories. This line ran the entire length of the facility under the building slab. We decided it would be more cost effective to bypass the existing lines and run new lines around the facilities. We called in one of our on-call contractors, as we did not have the manpower or equipment to complete the repairs. The total repairs to the jail took over two weeks to complete. During the same time span of the above mentioned problems we experienced a problem with the Naples Jail hot water booster heater. This particular heater regulates the temperature of the jail dish washers satisfying FIRS requirement to maintain a certain constant temperature degree. On February 3, 1997 it was discovered that the Ice system chiller had numerous freon leaks in the oil separator. We were loosing 3 to 5 pounds per day which is not only costly to add additional freon but is in violation of the ASHRAE standards for knowingly leaking freon to the atmosphere. Three quotes were needed for repairs as the machine had to be completely disassembled and we did not have the equipment needed to make the necessary repairs. The unit was repaired and put back on-line without any restrictions on the complete chilled water system. FISCAL IMPACT: The total cost for all three combined repairs is $12,500. Since these repairs were unanticipated and unbudgeted, funds need to be transferred from Fund 001 Reserves into the Facilities Management Cost Center 122240-634999. GROWTH MANANGMENT: None. RECO,MMENDATIONS: That the Board of County Commissioners approve the necessary budget amendment as described within the summary for repairs to the Immokalee Jail, Naples Jail and Building "K" ice machine chiller. PREPARED BY:~ Department of Facilities Management EXECUTIVE SUMMARY Page H Stephen Y. Cameli, Director Purchasing Department' APPROVED BY:~ Leo E. Ochs, Ir., Administrator Division ofSupport S~rvices DATE: DATE: EXECUTIVE SUMMARY RECOMMENDATION THAT THE BOARD OF COUNTY COMMISSIONERS APPROVE AND EXECUTE THE SATISFACTIONS OF NOTICE OF PROMISE TO PAY AND AGREEMENT TO EXTEND PAYMENT OF WATER AND/OR SEWER SYSTEM IMPACT FEES OBJECTIVE: Recommendation that the Board of County Commissioners acknowledge full payment and execute the Satisfactions of Notice of Promise to Pay and Agreement to Extend Payment of Water and/or Sewer System Impact Fees. CONSIDERATIONS: The Board of County Commissioners of Collier County, Florida as the Governing Body of Collier County and as Ex-Officio the Governing Board of the Collier County Water/Sewer District of Collier County, Florida, is the owner and holder of the Notice of Promise to Pay and Agreement to Extend Payment of Water and/or Sewer System Impact Fees (Agreement) executed by: i ) 2 ) 3 ) 4 ) 5 ) 6 ) 7 ) 8 ) 9.) 10.) 11.) 12.) Michael L. Deminico, securing the principal balance of $3,920.00 plus accrued interest. Paul and Phyllis Benfield, securing the principal balance of $1,500.30 plus accrued interest. Beverly Kay Bechtol, securing the principal balance of $1,741.26 plus accrued interest. Carter and Mollie Bryan, securing the principal balance of $5,575.00 plus accrued interest. Elizabeth J. Cornacchia, securing the principal balance of $1,500.30 plus accrued interest. Sharon Cuschieri and Betty Arnott, securing the principal balance of $1,500.75 plus accrued interest. A1 Gallman, securing the principal balance of $17,640.00 plus accrued interest. Jeffrey and Susan Jordan, securing the principal balance of $1,500.30 plus accrued interest. Edward F. McCarthey, securing the principal balance of $2,240.00 plus accrued interest. Martin McGill, securing the principal balance of $1,500.30 plus accrued interest. Barbara Mason Moscardelli, securing the principal balance of $13,200.00 plus accrued interest. Morgan L. Murphy, securing the principal balance_ of $1,500.75 plus accrued interest. ! ~,~.x~, ! FEB 2 5 1997' , Pg.- / Executive Summary Page 2 13.) Gilberto and Matilde Ortega, securing the principal balance of $1,500.30 plus accrued interest. 14.) Odilo and Sandra Perez, securing the principal balance of $1,753.15 plus accrued interest. 15.) Harvey and Mary Swope, securing the principal balance of $6,600.00 plus accrued interest. 16.) Daniel and Virginia Tetlow, securing the principal balance of $1,259.66. 17.) Joaquin and Antonita Ulloa, securing the principal balance of $1,259.66. 18.) Kristopher and Sheila Umpenhour, securing the principal balance of $1,259.66. 19.) Carlos Vasquez and Patricia Rojas, securing the principal balance of $3,920.00. Full payment and satisfactions of these agreements have been made. The County Attorney, s Office has reviewed and approved the satisfactions. FISCAL IMPACT: Payment in full of these Aqreements increases the cash flow in the County's impact fee trust'accounts to approximately $3,642,398.00. GROWT~ MJkNAGEMENT IMPACT: None RECOM~4ENDATiON: Recommendation to acknowledge full payment and the satisfactions of these agreements and to surrender the same canceled, and to direct the Clerk of Circuit Court of Collier County to cancel the same of record. Authorize the Chairman to execute the Satisfactions of Notice of Promise to Pay and Agreement to Extend Payment of Water and/or Sewer System Impact Fees. Agenda Date: February 25, 1997 Prepared b _~ -~ Revenue Se r~X-~ Approved Dy:.__.~2 f .''~ 2 ~.-''- Leo Ochs Jr., ~inistrator Support ServiCes EXECUTIVE SUMMARY RECOMMENDATION THAT THE BOARD OF COUNTY COMMISSIONERS APPROVE AND EXECUTE THE NOTICE OF PROMISE TO PAY AND AGREEMENT TO EXTEND PAYMENT OF SEWER SYSTEM iMPACT FEES OBJECTIVE: Recommendation to approve and execute the Notice of Promise to Pay and Agreement to Extend Payment of Sewer System Impact Fees between Larry R. Andrews and the Board of County Commissioners of Collier County, Florida, as the Governing Body of Collier County and as Ex-Officio the Governing Board of the Collier County Water-Sewer District. CONSIDERATIONS: The Board of County Commissioners at their April 16, 1991 meeting authorized the Utilities Division to work with any persons wishing to enter into an agreement to extend payment of e3%ther water and/or sewer system impact fees, and to bring any such agreements to the Board of County Commissioners for their consideration if the amount exceeds $6,000.00. Larry R. Andrews, owning and operating co~nercial property, contacted the Revenue Services Department regarding extending payment of the sewer impact fee imposed upon Larry R. Andrews, upon connection into the County's regional sewer system, said impact fee totals $8,906.59 including accrued interest. Larry R. Andrews, has executed a Notice of Promise to Pay and Agreement to Extend Payment of Sewer System Impact Fee in accordance with Board direction at their April 16, 1991, meeting. Additionally, Larry R. Andrews, has deposited $91.00 to cover state document stamps and recording fees associated with providing extended payment. The County Attorney's office has reviewed and approved the Agreement. FISCAL IMPACT: Entering into this Agreement will defer payment of the impact fee over a seven (7) year period at an interest rate currently at 5.42 percent. GROWTH MANAGEMENT IMPACT: Collier County Ordinance No. 90-87 established the Board's policy that improvements and additions to the Regional Sewer System required to accommodate future connections or demand by Sewer System Impact Development shall be funded entirely by the revenue derived from the Sewer System Impact Fee. Therefore, new users should pay their fair share of costs of the new system. At this time it is not expected that the diminished funds in the Sewer Impact Fee Trust account resulting from this agreement will inhibit the County's growth management or concurrency obligations. Page 2 Executive Summary RECOMMENDATION: Recommendation to approve and execute the Notice of Promise to Pay and Agreement to Extend Payment of Sewer System Impact Fee between Larry R. Andrews, and the Board of County Commissioners of Collier County, Florida, as the Governing Body of the Collier County Water-Sewer District. Authorize Chairman to execute the Notice of Promise to Pay and Agreement to Extend Payment of Sewer System Impact Fee. Agenda Date: February 25, 1997 Prepared by :__ '~-~.~ Cindy Long,~t~i'ng Technician Revenue Services Reviewed by:~~%, ' John Revenue Services Approved by: _~_/ ..',t~' .---h Leo Ochs, Jr.., '~dministrator Support Serves / 071 This iunll.lllc.l i. ¢l::ued ^s.isl:ml Cvunty Allurney Off'ice ur Iht Cou~dy Altur.ey .t.11)1 [~. Tamianli Tr:lil Naph.'s. Florid.'l .t.'t962 NOTICE OF PROMISE TO PAY AND AGREEMENT TO EXTEND PAYMENT OF WATER AND/OR SEWER SYSTEM IMPACT FI';ES ' .. 19 __. b} Whm~,,l:,llh,[;iddrcssis Larry R. Andrews, a single man 6561 Ta}';or Road ~ 103 :~ap!es. FL 33942 ~hc,cindlcr "()~ncr") and d~ Buard uf Cuunl)' Commissioners of CdlJe~ Counl). l:lorJda G,,~crnin~ Bod) ~:r Collier County and the Et-()I'I'M. thc (;m er.i.~ B~ard ~;f the Collier County Water-Server Dislrid (hefei.;dl~r RECITALS: Thc imrlic~ Io Ihi~ Agrccmenl adopt ~nd incorporate i.to this Agrceme.l b~ teferc.~'c dsc C.Ilic, I~c~i~,stal Water and/or Scxvcr System Impact Fee Ordinances in lherc enliretB ~stte beistg more isarlic.h.l~ dcscribcd as Cdlicr County Ordi.a~tcc Nv. 90-86 a~td No. 90.87. includi.g u.y amemhuc.ts Ihcrclo. amlh: IL (}:S IIL'I represents ;llld wart;mIs to the Coulll¥ Ih:,l he is the record I'e¢ fill:.' o~ .er ol'C¢ll;Ihl lallds silltal,.d ~ ilhh: thc Ca1 lier Cou.ly walcr-Sc~vrr Dislricl (he;eifm[lrr "Propcrl},"). v,'hk'h h-',~ e Ib,:f e~n es isli.g Ihlildill~:~. slruc'lurcs ;..id/or .Ihcr inlprovcments, said Properly more particularly described bdo.,,,,.: TXiS PROPERTY IS NORE PARTICULARLY DESCRIBED IN EXIIZBIT "A" ATTACHED HERETO: FOL10 NUNBER: 00253920005 C. O,.vncr represents arid ',,-'arra,ts lo tile County that the party or parties idemified her,~in us Owner u'-nqJlnlc all persm~s or cnlilics who arc thc record owners of Iht Property. I). Ow,ct uck.uwlcdgcn a,d agrees that his Property is Water and/or Sewer S)'~t¢ tt I ,ImCt Dc~cl ~ hk'h ha~ n.I heretofore paid applicable impac~ fees to the County. and as such. is a~bject Io II~e impon W;dcr and/or Sewer Syslcm Impact Fees (hereinafter "Impact Fees") by Ibc Cmml%'. ~ U. fly emoting i.m Ihis agrccmcnl. Owner rcprcscnls and Counly acknowledges lhal Ih~ Ow~t ';;';':':i,~lhi;';;~lyo;~::~;,;I;~i,l,I' experience ~ financi~, hardship wi, ch would ~ris~ fro ,, p.yi,tg the e,,lir~ 021 ',VlTNESSETlh NOW TIIEREFORE iu co.~idcralio, of the above Rccilals. Ihe covcnanl~ e~chau~cd he,cm. Ih~ lu-vi~i-, of cerlain ic~i~ll;ll I~lilili~ Nervice h~ Ibc Properly. Ih~ ('mllll~'~ conNelll Ill ;lllltw Ihe C~lCildCd p;i) m~'l~l ,,I Ill~ hlll~;~cl Fec~ ill ilINI;IIIIIICIIIN O~ Cr IJlllC, Ihc ()~ II~I'N plluIIJNC h~ pay Ihv IInl~;icl Fec~ therewith and other ~ood and valuublc CUlINidcratiull txch~ll~Cd alilunCsl the purlin, N, Ill~ ci)vcn;in[ w~th each other a~ I. Tile above Rccituls arc true alSd correct and are incorporated herein. 2. Owner will pay tile subject Impact Fees to thc County. together with a.y lith: verirication ,'~l,e.,,',. rccordiug fees, and any rcaso.able ¢~,timatiun of the cost and expense associated with providing un exit.dod paymcut alternative itemized as follows: Water Impact Fee ................................................ S ~~ Se',,,er Impact Fcc ................................................ $ 6,'/00.00 Accrued Intcrc~ton Lien ...................................... $ 2,081.59 Title Verification Expenses ................................... $ 50.00 Transactional Fees, (recording fees, docuntenhqry ~tamps. etc.) ................................. $ 91.00 * Extraurdinary Administrative Expense associated with providing extended payment ahernatJve ............................................ 75.00 TOTAL DOLLAR ASIOUNT FINANCED .......... $ 8...~~ *TO BE PAID AT TiME OF EXECUTION 3. In rclurn for the extended payment alternative that Owner has received. Owner i,r~.qllJ,~e..;, lo pay to lite ,,rdcr .f the County thc principal sum reflected in Paragraph 2 above as the TOTAL I)OI.I.AR AMOUNT I'INANCED with illlCrcNt Ull thc unpaid principal bala.ce from the bcginni.g o1' Iht ~e~'ond lull inunlh h,~s i11~ thc dale of this Asrccment until paid at the rate of eight pcrCClll (8~) per 3mtuiiI. 4. Owner covenant~ to make paymcnl~ at an)' address or location designated b)' thc Com~ty hcgil.nmg wifll linc ~ccm~d rull month following the date of this Agreement in lite amount of S__ 136.82 _and a like ;HIl~tllll payable each and every monlh d~erearter over a seven (7) year period, the e~d of which ~hall be Ibc N~atttrity date. 5. On the maturity dote. A FINAL UALLOON PAYMENT consisling of any rem:dni,g princip:d accrued inlcrcst uud uther charges shall be duc and payable, (~. 11' tile County. in its sole discrclion, delerlnincs that the monthly installments on lite extended II.pact ~.lmuld appear on Ibc Owner's water and/or sewer bill. Owner will make full and limely p,yment of the emire u~ililics bill including any extended Impact Fees installments. Owner covenants ,ol Io attempt to parlilion the hill or pay either Ibc utilities' portion wid~out paying the Impact Fees option or vice-versa. 7. A II payme. I u,dcr this Agrcclnenl shall be applied first to interest, then lo 3,y olher u,paid charges that m.y bc imposed by or appear ou thc Owner's ulilily bill. then lo any uther charges Ihal may h¢ imposed under tl~i~ Agrecmenl. wilh the remainder applied as a reduclion of Ihe remaining principal balance under this Agreement. Owner may pay the entire unpaid principal balance at any time without penalty. If Owner make~ u purti:d payment of principal, there will be ~o delay in Ihe due date of any subsequent paymenl due from Owner. 8. Owner covenanl~ that Owner is lawfully seized of the Property and has Ihe right Io nmrlgage, gra,I and cc~nvcy thc Property and that the Property is unencumbered, except for encumbrances of record. Owner warrants ;md will defend generally thc lille of the Property against all claims and dentands subject tu any encumbra ~11. t }~%111.'1 C~'.¢II;llll'' hi I~ly :all I;IX¢~. -'1'~'~.¢%''lll~lllN, char[~lz'~0 I'ill~ ~llld iH~l~iliml~ ~ll~ib,l[d~l¢ ~,l,l~,,HImil) for ¢~lc,d~d pll) ,~'nt ~1' thc sul~jccl Impact ~c~%. ()~%11~r sh~ll prumpII}' discllat~c th) c~)llt~sl~ itt g~)ud hdtls tl~e lien h)'. t~r ~lc[~tlS~ acuinsl CIl[Orcu'nl~lll of thc liu', in. I~'g~d p~ce~'di,g~ ~ hi~'h ill Ih~ Cuunly t~lll)rfl~)"s t~pini~m t)p~ral~S Io I~r~¥~lll ~ll[~fC~lll~lll o[ Ih~ Iilll of I'pll'cill~l~ Ih~ Prt)p~rly; ~r int(re~t of thc C~lnty in obtaining full pa)'mcnt of Ih0 ~ubject Impact ,~shl~ h~ h~ll I~,)'m~td ~d' Ih~ hltp~(I I:~'~'~. ('~mt)' Ill[ly 8iy~ ()wll~f ~ nuli(~ i~lllil)'in~ Ih~ Ii,ti arid ()~ .~'t ,hall ..ali,I)' Ih~ It~'~l ~r l:tL~ ~ll~ ~r liml~ ~1 Ih~ ~l(lil)ll~ ~(I [~IIII uho~'~ ~ilh ill I~'H IIIl) d,I)'~ ,~1 Ihe I I. Il Ih( (~i~tm8 llulldm~. ~llU(l~ll~ ~illd al~id~(~d~l~ illll)l()~Clll~'nl~ I111 Ih~ ~ld~.l~'~l I~I~1~'11 m,~hilc h~,me p.-~ .r r(lll;ll h~u~ill[. ()~ lief cttV(ll~lll~ ~llld ;l~fe~'~. I~tf Ibc I~'ll~lil ~$1' ~lll ~dl~'~'lcd I~,l~ Ihl~ll~ll ~tlltJ ~11 thc N~IIII~ Ic'l II1% ,ill IhL' I~Cll~'l il~ ul all) ~%l¢ll(Icd i).l)'lll~llt III Ih~'~c h111~.1~1 I,l'~'~ I ] O~ n~'r ~ill bc i~ default uttd~r thi~ A~r~cttlellt if O~ ncr [all~ to itlakc all) pa) ill~nl ~xnclly Lm ti111~', il ()~,er I,lc~ ;I p~llti~Ptl (~1 :lily Lind iii ]l;mkli~l)tCy C()Tltt. [)r if ~llCr ~l,)uld I~ in d¢luull under an) I~l the u~p;~d h;darlCe under thi~/~[reem~nt and accrued inlcr~t thcre~)n lo be duc immedi31¢l) ~%ilh~ut m,tic~. The C,mnty q~all nut ~ aiv~ il~ riehl lu 3ccL'lcralc Ibc paynlcnl ii it ~ail~ t~ excrcl~ il% riehl h~r a,) I~.l~l del Julia. IFthcC<)unlyrcquirc~O%%l~C'rt~l]~)'thePrinciPalbalanceandllteaccttt~'dinlt'tc~limmcdialcl) i, htll I T. ()~ ncr ~,c~,m~ IcdE~ ~md ~rcc, Ih.il Ih~ 'T'()TAI. I)O1.1.~1( ,~l()tlN'l' I)1: I~11'~("1' I:1'.1~ I:u~ Ihcl. ()~ t~cr (~ Cll;UII~ ;~lld ;181'C¢~ th;Il il ;m) c~l¢lldcd I~,l) I11¢111 in~hllhllenl ~h;~ll i1~11~' i~.~i~1 lien (~f count)' t 3~¢s and ~ludl be on parit)' ~ ilh the lie. or any such County ta~es. Further, O~ ncr ct~nalll~ at~d .c~'clcr;~d~m. si)all not be paid as and ~ hca duc and/or shall be in d~fault for thifl)' laO) da)s pr more. II1¢ unp..d b;d;,ncc ~)[ thc Impact Fccs and all i.tcrest accrued thereon, to;ether with attome)"s fees and ct~sl~, may rocor'trod by thc Coultt)' in a ci¥il action, and any such lien a~d accrued interest ma)' be f~rcclo~ed ~r olhcr~ i.~' c~d~)rccd b) the County by action or suit in equity as [or the [oreclosurc oF a m~rtsaSc o. rcal propcrl)'. 14. O~ ncr rull~ u.dcrstand~ and asrces that failure to pay any monlhl)' installment~ in a lim¢l)' manner ~ ill ,c~.lt m thc ~ ;~lcr a.d/~)r ~cwcr ~.rvicc lo thc rcfcrc.ced Pr~)pcrly bciu~ ~hul (~[[ ~ iilmtd lullh~'r n.licc thc ~ .,1c~ .ud/or ~c.cr scr¥icc will n~)l be restored until all {)utstandinc bal;lncc~ are paid in [ull. includi.~ i~t Ilutitcd ti) ~ut~lundin8 utility ch~rscs, turn ~m ch;tr~es and r~ill%lal¢lll~fll itl' thc c~l~.ndcd Iml~acl I:¢¢~ ilt~l;lllllt~llt to curfcIit. I ~. Th~ c &tct~iun o( tillIC I'ur p;i)'111¢11t ur t~Lodi [icatioH ur attmrtizatiLm of thc ~ttm% %ecil[cd [~;mlcd by Ih~ C~ju.ly hp ;Lay 5uc~cs~k>r in i~d~fcst ul' Iht Ow.cr ~hall md ~1~¢[ t~ I~ ~elca~ Iht lial~ilil)' .I Iht. ~CcL,rcd b)' Ihi~ Asrcement b)' rca~()n of any dctlland made by thc ~risinal Owner pr Ow,¢r'~ ~Ll~t'¢~llr ~,I ..nY riehl .r remedy. Thc co~ cn;llll~ and a~ecment~ {][ thi~ A~rccmcnt ~hall bistd at~d I~..~'[il ;~t~ (~[ thc C~)tulty ~tld thc Owflcr. Own~r~' covcnaflt~ atld a~f¢¢lll~llt s shall b~ j~it~t ;it,d ,c~'cral. If iIIltr¢ II1,111 ,n~ ~cr~ ~ 't~t~ ~A~r~c Icnt'l~Owncr.¢achl)crs°u°rcl~tityi~fullyandPcr~mall)'''t~liSalcdt~k~'el~al~'c '" ' " . ............... , .... 2 5 1997 ()w,cr'% i,tcr~sl may hc r~uired t~) pay all o~ the amount owed under Ibis A~re~me~t. .-_ ........ 02i 16. O~,, ncr L,r any other per,on or entily '.,,'ltL) ha'~ an oblig.',tion under this Agreement. ,,vab, e,~ Ihe rigid i)t,...,cnimc,~[ and notio.' oi, dishonor. Prcseutment means the riL:ht to require the COUllty ILl d¢lll;ind pa)'lnent amonnt~ duc. Notice of dishonor mc:ms the right to require thc Count)' to give notice if ;lily nnmunls duc b-',vc hccn paid. I ?. II enactm,.'nl or c~piration ur applicablc laws. or an adj.dication b~ a court or compclcnl jnl i~dicti~m, ha% thc cflccl ur rcndcrinG any of the provisions of this A~rcclllCllt ur Ihe ~ounl)"s slalolory lie. uHenfl)rceahlc ~}r alters Ibc priority .f die Cmmty's lieu as conlcmplalcd and r~r~rcnc~d in I'a.~raph 13, Ih~ Counly. at ix sole apL;on, may require immcdialc payment in full or ~11 sums secured by Ihis A~recmenl nnd i.~ ~kc any remedies perm;tied bcrc..dcr or available by law. I[ County excrcisc~ thi~ oplil)n, die Count)' ~hall gi~c Owner oolite uf accclcralion. Thc Nofic~ shall provide a period of riel le~ Ihan lb;fly (311) da)~ I'n.. Iht date o1' notice is d~'li~crcd or ma;lcd ~ ilhin which Iht Owner may pay all ~om~ sccurcd b)' Ihi~ A~ccmc. I, Il ()~ncr I,"1~ lo l);~y Ihe~c sum~ pri.r I. Iht c~pir:dion uf Ihis period. Iht Courtly m:~y ;nv-Lc any ~cmt'dic~ I~C~ milled by Ihi~ Agrccmcnl or ulhcrwi~c :wailablc Io it by law wilhoul fl.lhcr n.liCC ur demand on Iht I I ~. Th;'. Asrccmcnl ~,hall he L:.vcrm:d by thc Laws or ibc St31e or [:lurid:t. Ill lite e',cnl th;d ;ti1} I'qO'. b.h,n o~ clau~c ul' Lhi~ Agrccmcnt conflicts xviLh applicable Inw. such conflicts ~hall nol affccl olbcr provisions ~f lhi~ AFrccl.c.t ~ hich can bc give. el'feel s~ illmnt Iht ctmflicling provision. To this end. Iht I)rpvisi-n~ ~d' Ihi~ AgrccmciH arc declared [o be severable. Upon p;l)m¢ld uf all sums secured by this AgrccsneHt. Ihe Counly sb;,ll file il nolice indicali.g I'.II men! in thc approl~ria~c Public Rccord~ v,'ilhoul charge to Osvner. Owner shall pity any r¢curdall.n 2lt. I1' O~ner mcet,~ ccrlain conditions, O~vner shall hast dsc right Io hnvc cnl'olc~ncnl i)r ihi~ Agrccmcul di~o,nthmcd al any time prior t. thc earlier: (n) five day~ (or such other period a~ applic;lt~lc law hilly H~ccil) I~r rci~t~talcment ) before sale of thc Property pursuant to any power or sale COnlained in thi~ Agrecmenl; or I cnlrF of it judgment cnforcin~ this Agrccmcnl. Thc condilion~ arc Ihal Iht Owner: ia) p;D'~ lite Counly all ~ hich Ihcn ~ ould bc duc under Ibc Agrccmenl Ii;id no acceleration ~)ccurrcd: (b) cnl{~ any dcl';lulls ol ;in) ~dhcl ~,,,x en.ml~ under Ihi~ Agreement; (c) pa) ~ all cxl?cn~c~ incurred in enforcing Ihi~ Ag,cc,slosH. i.clndmg, bnl lira,lcd t.. reasonable ;lltorncy'% I'ccs; and td] take such ;lClioU a5 Ihe Coollty Illily rca~onahly iCqtlile Io .l~xtll~. tlu,I Ibc licss o,' thc lien rights of thc Counly i~l Ibc Prol)crty and Ihe Owner's oblig;ition to pay ~.ns~ ~ccmcd I~) ll~i. A~rcemcnt shall omlint, c unchanffcd. Upon rcinstalcmcnl by Owner. Ihis A~rccmcnl and Iht ~ccurcd hcrchy shall remain l,ully cffcclivc as ir .o accclcralion hnd occurred. IIo~vcscr. Ihi~ ~ighl hs ~ls;tll stol al~pl)' in thc ca~c .f accclcraLi~us under Paragrapb~ 17 or 21. 2 I. A.y notice to Ot~ ncr pro~ idcd for in this Agrecmeu! sha'll be given by delix erin~ it or by ma;lin cia., mail unlcs~ applicable law rcqulres Ihc usc of anoll~cr method. Thc Not;cc sh;dl be direclcd Is~ Iht Pr~pcrly addrc.~ .n Ibc ulilily bill I) pically delivered by thc Cou nly IO thc Owner. Thc Not;cc Io II~c Counly sh;dl bc gixcn h) Iirsl cla~s m;,I to Iht County's address on ll~c utility bill. Io Ihc altcnlion of Ihc Collier Coum) Ulililie. D~x i~i~m Admini~lrator. or any olhcr address tl~e Count)' designates by notice ~o Owner. Any nolk'~' provided h~r in Ibis Asrccmcnt shall bc deemed Io have been ~iven Io Owner or Ihe Counly ~ hen given as provided in Ihi~ [';sragraph. It.ll or ~ny parl or lhe Properl)' or au~ interesl in il is sold or transferred 1o olher I hao n I)er~.n relidt, d I. [he Oss ncr hy I)lo.d or mn rri~ge (or if a beneficial inlerest in the Oss lief is sold or Iran~rerred .nd 1)~ llk, r i~ ,-In n.l.r~l I'ers.o) immcdiule pn)'mc, ot hi rull .tull ~u.l~ ~ecurk. d Ilk' dllt' illld p~l)'uhlc. Il' Ihcs~ sums arc 11oi paid i. full upon ~ucII ~;llc or Iran~ler. Ih~ scmedic~ perm;lied by Ihls Agrcenienl -r applicable law. including bul nol Ii.stied h~ ulililic% accoUil[ and/or provide or turn on Ihe water service. This AgrecmenL shall be binding upon the Owner. the Owner's successors mtd assig.s a.d shall run ~. ills Pr.perry. 23. The proceeds oE any award or other payment to Owner for any direct and/or consequential damages arising out of any condemnation or other taking of ail or any part of the Property, or as consideration for any conveyance thereof, in whole or in part, in lieu of condemnation or other taking, are hereby irre~ocabl~ assigned by Owner to the County, and sha~! be paid directty to the County. FEB 1997 IN WITNESS WHEREOF° date and year first above written. ~/~t-nc.ss Judith 'B. 'rerii~a ~it~ss ~ay G. ~u er ATTEST: DWIGHT E. BROCK, Clerk the parties ha'/e executed this Agreement as of the BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA AS THE GOVERNING BODY OF COLLIER COb~TY ;%ND AS EX-OFFiCIO THE GOVERNING BOARD OF THE COLLIER CO~TY WATER- SEWER DISTRICT. BY: T~mot~y L. Hancoc0:, Chairman CO'JNTY OF I . I ~r The foregoing Not~ce of Promise to Pay and Agreement to Extend ~ ..... n' o~ S-wet System Impact Fees was acknowledged before me ~f;~,~F~ , 1996, by Larry R. Andrews, ~ D=~o~;ally day of ~ w~o-- has produced ~,,j ~1'~ Dr/~e~ ~/'~r~ as ~den~f~cat ~on. ~ ~ Notary ~' A~~~ My Commiss~o~ Expires: STATE OF FLORIDA CCL~;TY CF COLLIER ! HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State and County aforesaid to take acknowledgments, personally appeared John C. Norris well known to me to be the CHAIRMAN OF THE BOARD OF COUNTY CCMMISSIONERS, Collier County, Florida, as the Governing Body of Collier County and as Ex-Officio the Governin~ Board of the Collier County water-Sewer District, being authorized so to do, executed the foregoing Notice of Promise to Pay and Agreement to Extend Payment of water and/or Sewer System Impact Fees for the purposes therein contained under authority duly invested by the Board of County Commissioners, and that the seal affixed thereto is the true seal of said Board. WITNESS my hand and official seal in the County and State last aforesaid this __ day of , 199~. Notary Public Commission Number: Approved as to form a~gal suf ~:yncy: Ass'~stant"Cou~ty Attorney AG£rdO~, HO.~ FEB 2 5 1997 ,. EXII I B I T "A" PARCEL D-4: BEGiNNiNG AT THE NORTHWEST CORNER OF SECTION 11, TOWNSHIP 49 SOUTH, R;uNGE 25 EAST, COLLIER CO~4TY, FLORIDA: THENCE ALONG THE NORTH LINE OF SAID SECTION 11, AS SUKVEYED, NORTH 89°25'20" EAST, 279.35 FEET; THENCE SOUTH 00"01'36" EAST, 265.84 FEET; THENCE SOUTH 89"25'25" WEST, 279.35 FEET TO THE WEST LINE OF SAID SECTION i1: THENCE NORTH 00°10'36" WEST, 265.85 FEET TO THE NORTHWEST CORNER OF SAID SECTION ll AND THE PLACE OF BEGiNNInG. PARCEL D-4A: COMMENCING AT THE NORTHWEST CORNER OF SECTION 11, TOWNSHIP 49 SOUTH, P~GE 25 EAST, COLLIER CO~4TY, FLORIDA, AS SURVEYED; THEHCE ALONG THE WEST LINE OF SAID SECTION 11, SOUTH 00~10'36" EAST, 764.50 FEET TO THE NORTH LINE OF A ROAD: THENCE ALONG THE NORTH LINE OF SAiD ROAD, NORTH 89:28'18" EAST, 310.26 FEET; THENCE NORTH 00"31'42" WEST, 148.89 FEET; THENCE NORTH 00"10'36" WEST, 350.00 FEET FOR A PLACE OF BEGI:~4ING; THE]iCE ::ORTH 00"10'36" WEST, 265.84 FEET TO THE NORTH LiNE OF SAID SECTION 11, AS SURVEYED; THENCE ALONG THE :~ORTH LI~:E OF SAID SECTION 11, AS SURVEYED SOUTH f):2~'20" WEST, 30.00 FEET; THENCE SOUTH 00"10'3~" EAST, 265.~4 FEET; THENCE NORTH 89o25'20" EAST, 30.00 FEET TO THE PLACE CF ~EGi::NI::G. i!:GRESS ~;D EGRESS EASEMENT ~N EASE>;ENT FOR I::GRESS ~:D EGRESS 60.00 FEET WIDE LYING 32.0~ FEET EACH SiDE OF THE FOLLOWING DESCRIBED CE:;TERLi}:E: COI4MENCING AT THE NORTHWEST CORNER OF SECTiO:; 11, TOWNSHIP 49 SOUTH, P3d{GE 25 EAST, COLLIER CO~;TY, FLORIDA, AS SURVEYED; THENCE ALONG THE WEST LINE OF SECTION 11, SOUTH 00"10'36" EAST, 764.50 FEET TO THE ;;CRT}{ LINE OF A ROAD; THENCE ALC:;G THE NORTH LiNE OF SAiD ROAD, NORTH B9:28'lB" EAST, 310.26 FEET FOR A PLACE OF BEGI:~NING; THENCE NORTH 00"31'42" WEST, 148.89 FEET; THENCE NORTH 00"10'36" WEST, 615.84 FEET TO THE NORTH LiNE OF SAID SECTION 11, AS SURVEYED; THENCE SOUTH 00:1u'36" EAST, 307.92 FEET; THENCE NORTH 89"25'20" EAST, 2,329.25 FEET; THENCE NORTH 89"26'18" EAST, 1,39¢.S4 FEET FOR A PLACE OF ENDING. BEARINGS ARE BASED ON THE NORTH LINE OF THE NORTHWEST 1/4 OF SAID SECTION 11 AS BEING NORTH 89"25'20" EAST. THE SIDE LINES OF SAID 60.00 FEET EASEMENT TO BE EXTENDED OR SHORTENED TO MEET AT ~{GLE POINTS. AS DESCRIBED IN THAT DOCU~.:ENT RECORDED IN OR BOOK 2043, PAGE 355 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. FOLIO # 00253920005 EXECUTIVE SUMMARY RECOMMENDATION TO APPROVE A MAXIMUM EXPENDITURE OF $350 FROM THE GAC LAND TRUST FOR PURPOSES OF PURCHASING SHOVELS FOR THE COLLIER COUNTY SHERIFF'S OFFICE. ~: Recommendation to approve a maximum expenditure of $350 from the GAC Land Trust for purposes of purchasing shovels for the Collier County Sheriffs Office. ~JJ~JDJ~.J~TJ~: Mr. Mike Wittenberg, Collier County Sheriffs Office, attended the Golden Gate Estates Land Trust Committee meeting of January 27, 1997 to request funds for the purchase of shovels to be utilized by deputies assigned to the Estates area. The shovels would allow the Sheriff deputies assigned to the Estates area to assist in brush fire control, should the need arise. According to Mr. Wittenberg, only those deputies assigned to the Estates area would utilize the shovels purchased lhrough funds from the GAC Land Trust. The cost of each shovel is $6.79 and currently 40 patrol vehicles are or will be assigned to the Estates area substation. The shovels would be carried as standard equipment in each patrol vehicle. After hearing the above request, the Golden Gate Estates Land Trust Committee recommended the approval of a maximum expenditure of $350 from the GAC Land Trust for purposes of purchasing shovels for the Collier County Sheriffs Office. This request for funds is in conjunction with the permitted uses for funds from the GAC Land Trust according to that Agreement, dated November 15, 1983, between Collier County, a political subdivision of the State of Florida and Avatar Propedies Inc. (f/k/a GAC Propedies Inc.). Due to the amount of the requested expenditure, no formal agreement is necessary. A "Letter of No Objection" to the request has been received from Avatar Properties Inc. acknowledging the proposed expenditure of $350 from the GAC Land Trust. The "Letter of No Objection" is attached for your review. ~: An amount not to exceed $350 shall be withdrawn from Fund 605 for the purpose stated above. None. ~: That the Board of County Commissioners approve the recommendation of the Golden Gate Estates Land Trust Committee to expend a maximum expenditure of,$350 from the GAC Land Trust for the purpose of purchasing shovels to be utilized by the Collier County Shedffs Office within Golden Gate Estates in order to benefit the residents of Collier County. PREPARED BY: ~ " DATE: ,?.-/,5-':~__. NAGEMENT DIRECTOR APPROVED BY: "' /' ~' /c...~ ~ DATE: ';j~. " LEO E. OCHS, JR., SUPPO/I~,T SERVICES ADMINISTRATOR AVATAR Ms. Sandra Taylor, Director Support Services Division Real Property Management Department Division of Administrative Services Collier County Government 3301 E. Tamiami Trail Naples, Florida 33962 February 10, 1997 RECEIVED ~E4L ~O~ERTY .~G~ Re: 1983 Agreement between Avatar Properties Inc. and Collier County Proposed Expenditure - Shovels Dear Ms. Taylor: I would hereby acknowledge receipt of your correspondence dated January 31. 1997, which references the above-captioned matter. Assuming approval by both the Golden Gate Estates Land Trust Committee and Collier County Board of County Commissioners, I would hereby advise you that Avatar Properties Inc. has no objection to the expenditure of $350.00 for the purchase of shovels for the Collier County Sheriff's Office. The use of said funds from the GAC Land Trust for such expenditure is acceptable to Avatar Properties Inc. Please feel free to contact me at your convenience if I may be of further assistance. DJGlps CCi Very truly yours, AVATAR PROPERTIES INC. Dennis J. Getman Executive Vice President - General Counsel Frank DelleCave P.O. Box 023000, Miami, Florida 33102-3000 - (305) 442-7000 FAX (305) 448-9927 REQUEST FOR THE BOARD OF COUNTY COMMISSIONERS TO AUTHORIZE REMOVAL OF CERTAIN ACCOUNTS RECEIVABLE ACCOUNTS FROM THE BOOKS AND RECORDS OBJECTIVE: To have the Board of County Commissioners authorize staff to remove 24,607 accounts with a dollar value of $7,063,325.54 from the Board's General Ledger. These accounts have already been written off to bad debt expense. They were written off from 1982 to 1995. CONSIDERATION: Prior to 1981, ambulance service in Collier County was administered by a private company. In 1981, the Board of County Commissioners changed the ambulance service to an in-house operation. The in-house operation included billing, cash collection and accounts receivable administration. In May of 1995, the Board created the Revenue Services Department (Department of Revenue) and placed responsibility for billing, cash collection and accounts receivable (AR) in that department. AR management includes the periodic recognition of bad debt expense in the books and records for accounts that have been identified as un-collectible. There are two (2) generally accepted methods to recognize bad debt. They are: direct write-off of individual accounts and a periodic recognition of a percentage of the total billed. Collier County has used the latter method since 1982. Each month a percentage of the gross amount billed is recognized as bad debt. Bad debt or un-collectible accounts are recognized for a variety of reasons such as services provided to transients, migrants, deaths (no assets), bankruptcies, Medicaid statutory limits, Medicare limits (accepting assignment), contractual arrangements with hospitals, victim rights, statutory adjustments, patients that cannot be located, and people who refuse to pay or cannot pay. Over the years, Collier County has experienced an average collection rate of approximately 67 % of accounts billed. The bad debt percentage allowance has averaged 3:~ %. The County has also used a variety of methods to collect its receivables. Judgments (stopped in the early 1990's), skip tracing services, collection agencies, etc. The County's total AR balance at September 30, 1994 was $8,242,514 and the accumulated bad debt allowance at that time was $7,764,813. Most of these accounts were and are still maintained on the Clerk's computer system. The monthly storage charge is approximately $275. Accounts created since that time are maintained on a Board owned and maintained computer network. FEB 2 5 1997 At present, there are 26,671 accounts with a total dollar value of $7,640,945.38 on the Clerk's computer system. The recommendation is to remove all of these accounts from that system. 24,607 of these accounts with a value of $7,063,325.54 will be removed from the Board's General Ledger. The remaining accounts are still active. Payments are being made either directly to the Revenue Services Department or to collection agencies. Active accounts will remain on the Board's General Ledger and payments will continue to be processed through the collection agencies and the Revenue Services Department. A computer printout listing the accounts to be removed is on file in the Revenue Services Department and the Clerk's Board Minutes and Records Department. Any account for which a payment might be processed will be reactivated and processed through the Board's computer system. Chapter 3A-71, Florida Administrative Code allows the Board to adjust accounts receivable for less than the full amount if the accounts have not been reported to the Department of Banking and Finance. These accounts have not been reported to the Department of Banking and Finance. County Ordinance 96-36 (Resolution 96-303) provides for removing these accounts from the Board's General Ledger. GROWTH MANAGEMENT IMPACT: None FISCAL IMPACT: The Board will realize monthly storage charge savings in the amount of $275. RECOMMENDATION: The Board of County Commissioners authorize staff to remove 24,607 accounts representing $7,063,325.54 from the Board's General Ledger. A like amount will be removed from the allowance for Bad Debt Account. Re,:,e0ue S e rvi~5~'~' b'~ p a r',m'~'nt Approved by: -!' '" ~"-~"' ( C"~/:'-'--~, Leo Ochs, Jr., Administrator Support Services,.,~ivision Date:~~ Date: '//.,//~ ':> Approved by: Michael A. McNees Interim County Manager Date: JAY: pc FEB 2 5 1997 l~g o ~..~_.~ HISTORY OF BILLING AND COLLSCTION SINCE 1989 0880800880001 08080008080 88888888888i/ COLLIER COUNTY, FLORIDA AMBULANCE SERVICE BILLING AND COLLECTION PROCESS The billing and collection process for Ambulance Service User Fees in Collier County, Florida is designed to operate in accordance with Federal State and local rules and regulations. Federal and State guidelines are closely followed in the collection of ambulance fees by both county staff and the contracted collection agencies used the County. Federal and State guidelines include reasonable telephone contact as well as other activity for collection purposes. Collier County Ordinance 96-36 and Resolution 96-303 provide specific direction for the billing and collection process. Ambulance fees and charges are determined, assessed and processed (as service dynamics reasonable permit) within 30 days of service. All fees and charges are first entered into an accounts receivable subsidiary ledger. County staff uses trip ticket information (provided by EMS), hospital demographic information (provided by computer hookup to the hospital), cross reference directories (purchased from directory providers), historical information from the County's data base (if applicable), and telephone contact with the patient to develop the demographic information used for the billing and collection process. The County accepts assignment from and is a participating provider with both Medicare and Medicaid. As a participating provider with both agencies, County staff first bills those agencies if the appropriate Medicare and Medicaid information can be obtained from the sources identified in the preceding paragraph. After 45 days in the case of Medicare and 60 days in the case of Medicaid, a past due notice is sent to the service recipient or responsible party. No less than 30 days after the first past due notice is sent, a second past due notice is sent. After a 10 day grace period, if a payment has not been received or a telephone contact (bill can be disputed, or a payment plan initiated) is not made the account is turned over to the County's contracted collection agency. Total elapsed time from service to collection agency for Medicare is approximately 115 days. Total elapsed time for Medicaid is approximately 130 days. The billing process for service recipients who provide proof of insurance other than Medicare and Medicaid follows the same timeline as Medicare. Total elapsed time is 115 days. The billing process for service recipients who are neither Medicare or Medicaid qualified and who do not have insurance receive the initial bill, the first past due notice and second past due notice directly. Total elapsed time is 100 days. FEB 2 5 1997 If the service recipient's bill is returned because the Postal Service cannot make delivery and County staff cannot ascertain a correct mailing address or make telephone contact, the account is turned over to the collection agency. The collection agency follows all applicable Federal, State and County guidelines in its collection process up to and including as a last resort, the placement of a service recipients information with the credit bureau. If the service recipient is deceased, county staff follows the Florida Court system guidelines to notify the estate. The process is diligent, thorough and follows appropriate legal guidelines. All legal requirements are met in the process and all remedies are exhausted before a recipient's credit records are notified. Attached is county Resolution 96-303 which provides for billing and collection procedures. RESOLUTION APPROVING OSER FEES FOR COLLIER COUNTY AKBUL;tNCZ SERTICES PURSUANT TO COLLIER COUNTY ORDII~%NCE NO. g~ - 36 __; ADOPTIN~ BILLIN~ AND COLLECTION PROCEDURE; PROVIDIN~ ADJUSTHENTS AND NAIVER~; AND /%PPROVING HARDSHIP CASES AND PAYHENTPL;%RS ~H~REAS, Collier County Emergency Medical Services (hereinafter sometimes referred to as "F~S") provides a~hulance services to the residents and visitors of Collier County; and W~EREAS, the Collier County ~S operating budget is funded exclusively through ad valorem taxes and user fees; and ~EREAS, Collier County staff analysis of the cost for ambulance services requires an adjustment to the user fees to properly identify current costs of services to the residents and visitors of Collier County; and ~EREAS, Collier County Ordinance 96 - 36_.~___ provides that the user fees for ambulance services may De established by Resolution of the Board of County Commissioners (hereinafter sc=eti=es referred to as "the Board"). NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY CO.."2~ISSIONERS OF COLLIER CO~;TY, FLORIDA that: SECTION O~E: ~v~ USER FEES A. EMS ARBULA~;CE TRANSPORT BASE RATE $302 B. SPECIAL EVENTS: - TWO (2) MEDICS/ONE VEHICle(PER HOUR) $ 75 - ONE (1) MEDIC/NO VEHICLE (PER ~OUR) $ 40 C. COPIES OF DOCUMENTS/PER PAGE $ 2 EXCLUDING GOVE~ALAGENCIES) D. INTEREST ON PAST DUE ACCOUNTS 1% SECTION TWO: BILLING AmD COLLECTION PROCEDURE The following shall be the minimum guidelines for billing and collection procedures for ambulance service fees and charges: A. Initial fees and charges for ambulance service(s) shall be assessed either prior to or following the service provision, as services dynamics reasonably permit. Unpaid fees and charg~ subsequent to ti~e of service, shall be reflected in an accou~ P~elof$ receivable subsidiary ledger system to be maintained by the Revenue Services Department. B. An initial bill for ambulance services shall be processed in the following manner within thirty (30) days after service is provided. 1. The County will send an initial bill to the service recipient's or responsible party's insurance carrier provided that appropriate insurance information is made available to the Revenue Services Department. The Revenue Services Department will accept Medicare assignment, as a participating provider, and will wait no less than 45 days for payment if Medicare or another insurance carrier is billed. If the claim is denied, a bill will be sent to the service recipient or responsible party. 2. The County will also send a bill to Medicaid and accept assignment if appropriate insurance information is made available to the Revenue Services Department by the service recipient or responsible party. The Revenue Services Department will wait no less than 60 days for pa}~ent if Medicaid is billed. If the claim is denied, a bill will be sent to the service recipient or responsible party. 3. In the event the service recipient or responsible party does not have or does not provide proof of insurance coverage, the bill for am]:ulance service(s) shall be sent directly to the service recipient or responsible party for payment. The Revenue Services Department will wait no less than 30 days for payment. The following will occur if payment has not been received within above set guidelines: a. A past due notice will be sent in accordance with the above provisions (45 days after billing third party or Medicare, 60 days aft~ billing Medicaid and 30 days after responsible party or service recipient). b. Thirty (30) days) after the first past due notice is sent, a second past due notice will be sent. c. After a ten (10) day grace period, the account will be sent to the County's contracted collection agency. C. Interest will be assessed at 1% per month on all accounts that are either sent to the County,e contracted collection agency or set up for a payment plan (e×cluding hardships that adhere to County policy). D. A reasonable and customary payment plan will be made available for all service recipients or responsible parties. The minimum amount to be paid on a paFnent plan will be $25/nonth. Should the service recipient or responsible party at any time fail to meet the tsr~s and conditiom$ of the payment plan, the unpaid balance shall be achninistered in accordance with Section B.3 above. £. When ambulance service bill(s), at any stage in this billing and collection procedure, are returned because the Postal Service cannot effectuate delivery, the Revenue Services Depar~=ent shall make a reasonable effort to ascertain the correct mailing address. If reasonable efforts to ascertain a correct address the account(s) ~ay be coosidered for other collection alternatives. F. Nothing contained in this section shall preclude reasonable telephone or ot~er appropriate contact for billing and collec61on purposes, accordance with all applicable laws. G. Throughout the fiscal year, the Revenue Services Department shall review all past due accounts and report to the Board of County Commissioners on an annual basis, of all past due accounts which are'believed~ to be uncollectible. The Board shall, after revi.win~ ~.~~ these past due accounts and after finding that dlligen~ these past due accounts from active accounts receivable in accordance with generally accepted accounting procedures and pursuant to law by Resolution. SECTION THR~E= AD0~ST~ OF The following shall be minimum guidelines for adjustments of ambulance service fees. Other adjustments are authorized by the Board of County Co~lssioners In accordance with criteria established by the enabling Ordinance. Contractual adjustments under Medicare and Medicaid assignment w~11 be made in accordance with applicable rules and regulations. B. V Contractual adjustments will be made in accordance with applicable rules and regulations. SECTION FOUR= ~AI?ER OF ~KS USER TEE Pursuant to Ordinance No. 96- 3__6, and from the effective date of this Resolution, user fees for F~S a~ulance stand-by services for the following connunity spec~al events shall be waived as the Board finds that a valid public purpose ~s hereby established in recognit~cn of their charitable contributions to the Connunity: (1) Collier Coun=y Fair; (2) Everglades Seafood Fes=ival; (3) Senior ~GA; and (4) ~uveen Masters. Fees for other connunity special events nay ~e waived ~n accordance with criteria established by the enabling Ordinance. SECTION FIVB= HARDSHIP CASES A~D PAYHENT PIJ~S The Board recognizes that certain service rec~pients may need to be identified and processed as hardship cases. Payment plans will ~e established pursuant to the this Resolution. A. Hardship cases will be established in accordance with the State"s Financial hardship guidelines, as used by HRS-Coll~er County. B. Payment plans for hardship cases ! or placed into collection. service recipient has a pennant plan and does not make the scheduled paTnents for a period longer than tvo (2) months, the account rill be turned over to the County*s contracted collection agency and interest v~ll begin to accrue. This Resolution shall supersede Resolution No. 94-&79. SECTION BEFEN: ADOPTION A~D EFFECTIVB DAT~ This Resolution shall become effective on July 1, 1995. PASSED AND DULY ADOPT£O by the Board of County Commissioners of Collie'r County, Florida, this ~__~day of ~_____, 1996. ATTEST: ..... .. DWIGHT E. ~OCK, Clerk APproved' a~' to for~ and legal sufficiency: BOARD OF COUNTY COHHISSIO~ERS COLLIER COUNTY, FLOR/DA He£d£-F. Ashton - -- Assistant County Attorney BOARD OF COUNTY COMMISSIONERS MISCELLANEOUS CORRESPONDENCE FEBRUARY 25, 1997 1. ' e s W' c O W ON : ae Ce Ee Fe Environmental Policy Technical Advisory Board - agenda for February 10, 1997. Referred to BCC. Golden Gate Estates Land Trust Committee - December 9, 1996. Referred to BCC. Collier County Historical/Archaeological Preservation Board - agenda for February 14, 1997. Referred to BCC. Collier County Planning Commission - January 2, 1997 and agenda for February 7, 1997. Referred to BCC. Marco Island Beach Renourishment Advisory Committee - January 8, 1997 and agenda for February 5, 1997 Referred to BCC. ' Housing and Urban Improvement - November 12, 1996. Referred to BCC. Golden Gate Beautification Advisory Committee - January 14, 1997 and agenda for February 11, 1997 Referred to BCC. · Lely Golf Estates Beautification Advisory Committee- January 10, 1997 and agenda for February 14 1997 Referred to BCC. ' ' Je Black Affairs Advisory Board - November 6, 1996, December 9, 1996. Referred to BCC. Emergency Medical Services Advisory Council - January 8, 1997 and agenda for February 12, 1997. Referred to BCC. Beach Renourishment/Maintenance Committee - November 7, 1996, December 5, 1996, January 3, 1997 and agenda for February 6, 1997. Referred to BCC. AGENDA ]'TEM NO.~ FEB 2 5 997 Pg.__Z___ EXECUTIVE SUMMARY . TO APPROVE AND EXECUTE SATISFACTION OF LIEN FOR WEED ABATEMENT LIEN CREATED IN 1984 AGAINST UNIT 3, BLOCK 96,-LOT 19, GOLDEN GATE CITY. To satisfy Lien filed against real property for abatement of nuisance. On December 1 I, 1984, the Board of County Commissioners approved Resolution No. 84-240, which was recorded in Official Records Book 1130, Page 623, of the Public Records of Collier County. Upon recording, the resolution created a lien against Unit 3,.Block 96, Lot 19, Golden Gate City. According to the County's Department of Revenue, this lien was paid in 1991. The attached Satisfaction removes the lien created by Resolution No. 84-240. FISCAL IMPACT: 56.00 recording fee from Fund No. 111 - 13891 !-649030. RECOMMENDATION: That the Board of County Commissioners authorize i~ chairman to execute the attached Satisfaction of Lien and direct the Clerk of Courts to record same in the Public Records of Collier County, Florida. Prepared by: - ,. · . · f, .,.'.-.---- Date: /1' 't / :'i 7 Heidi F. Ashton, Assistant County Attorney Approved by: ~ Date: ~ h:/ew/hfaAexecutive summary/San ford Satisfaction of Lien 25 1997 Pi. ~ SATISFACTION OF LIEN KNOW ALL MEN BY THESE PKESENTS: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Alice A.' Sanford The Lien was recorded on the ~ day of April 1985, in Official Record Book I 130, Page 623 , in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of one hundred and five Dollars ($105.00) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: Unit 3, Block 96, Lot 19, Golden Gate City Collier Count.',', a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels the Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS W'HEREOF, the Board of Count)' Commissioners of Collier Count', Flaeida. acting through its Chairman, directs execution and recording of this Satisfaction of Lien. By action of the Board this .~ day of ,1997. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: TIMOTHY L. HANCOCK, Chairm~ h ~e~,hf',,m, sc/Sanford sansf',clion of lien AGENDA ITF. M :...4 5' t~e C~c7. mhmll be immemmed m&m~mC much ~th m demcc~pt~o~ ef .eLd yi~c.~; and ob~L;ac$o:s upo~ the property ~S. the mmsess~e~c shall beck. ~aym a~Cec c~e =a~1~; ~n2a~d pocC~on thereof. ha~ns been a~aced Q~ costs o( much a~ace~t~c* co ~'~c: 1~en co cbt o~ec ~ o~e~s o~ the a~ave ~esc:~b~ p~;e~, m~ X~ suc~ after uoc~on, leCO~ i~d raZZ caZZ Yore as tpll~s: ~ . ~oc~o~ed i~d C~sm~oneC ?istor S~co~ld m~ mym C~m. lon4r Hol Aye C~Immiooer : ~sse C~mmXo~mr coodnighc Aye Ccm~mm/onmr .Vo s'm' ..~ . _. Aye A~ZSTt '/ :"/' '/ ".~OA~ OF CO~ C~ZSS~O~XS a&-~ Veed temoluCtO~ AGENDA_ITEM No. Pg. ~