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Agenda 01/07/1997 R COLLIER COUNTY BOARD OF COUNTY COMHZSSION'ERS AOENDA Tuesday, Janu&r'¥ ?, 1997 9:00 a.~. NOTICEI ALL PERSONS WISHINQ TO SPEAK 0NANY AOENDA ITEM M~ST RZ~ISTER PRIOR TO SPEAKINg. R3QUESTS TO ADDRESS TEE BOARD ON SUBJECT0 N~ZC~ ARE NOT ON THIS AOENDA MUST BE SUBMITTED IN WRZTZNO WITH EXPLANATION TO THE COUNTY MANAQER AT LEA~T 13 DAYS PRIOR TO THE DATE OF YuJ MZETINO ARD WILL BE ~J~]tD U~DER "PUBLIC PETITIONS". ANY PERSON WIIO DECIDES TO APPEAL A DECISION OF THIS THERETO, AND THE~.NFORE M~Y NEED TO ENSURE THAT A VE?L~ATIM P. ECOI~D OF TH~ PROCEED~NOS IS MADE, t~Iew RECOJtD INCLUDES T~ TESTIMONY A3TD EVIDENCE UPON WHIC~ TH~ A~PEAL IS TO BE BASED. ALL REGISTERED PD'BLZC SPEAKERS WILL BE LIMITED TO FXV~ (S) MINVTES UN~ESS PERMISSION FOR ADDXTZON~L TIM~ XS GRANTED BY THE CHAIRMAN. ASSISTED LISTENINO DEVICES FOR THE ]~F. ARZNO ZHPAZRED AVAILASLE IN T~E COUNTY CO~ISSZONERS' OFFICE LUNCH RECESS SCHEDULED FOR 12~00 NOON TO 1100 P.M. 1. I~VOCATION 2. PLED~ OF ALLEGIANCE 3, APPROVAL OF AOENDA AND CONSENT A~END~ 4. APPROVAL OF MINUTES December 3, 1996 - Regular meeting. December 10, 1996 - Regular meeting. December 17, 1996 - Regular meeting. $. ~ROCLAKATIONS ARD SERVICE AWARDS A. ~ Proclamation proclaiming January 12-18, 1997 as Purple Martin Week to be accepted by Joseph Darragh. Proclamation proclaiming January 12-18, 1997 as Friends of the Library Week to be accepted by Frank Cullen. B. Service Awards Steven Thomas - Colleccion-SCWWTp - 10 years Bobby Allen - EMS - $ years Christine Fort - EMS - 5 years Anita Russell - EMS - S years Michael Sullivan - EMS - 5 years Preoent&tionl SELECTION OF NTWCHAIRHANANDVICE CHAIR/~AN. 1 January 7, 1997 APPROVAL OF CLERE'S R£POR~ A. ANALYSIS OF CHANGES ?0 RESERVES FOR CONTZNGENCZES 1. General ?und (001) 2. Community Development Fund (113) 3. Facilities Construction Fund (301) PUBLIC PETITIONS (A) John Ryes, ~o-Chair East Naples Beatuification Committee regarding landscaping. Civic Association U.S. 41 median (B) Tom Scholtz regarding & waiver of sewer impact fees Lorraine Avenue, Coconut Creek, Unit 3. (C} Ken Carlyle, McAnl7 Engineering & D~sign, Inc. regarding the Naplel Heritage Golf & Country Club median landscaping. e. COUNTY MANAGER'S REPORT A. COM~f0WITY DEVELOPMENT & ENVIRONM~NTAL SERVICFq (1} Staff review and recommendations relative to Ordinance 90-37, also known as the ArDor Lake Club 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. (Continued from the meeting of December 17, 1996) (2) To consider approval si a resolution granting request by Hole, Montes and Associates, Inc., to clear, place fill material and to revegetate on commercially zoned land located et the northeast corner of U.S. 41 and Vanderbilt Beach Road, consisting of approximately 1.5 acres. (3} Staff review and recommendations relative to Ordinance 90-45, as amended, also known aa The Beachway 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. B. PUBLIC WORKS (1) Recommendation for the Board of County Commissioners to adopt Resolutions related to applying for a Highway Beautification Grant from =he Florida Department of Transportation Highway Beautification Council for a portion of State Road 29 (also known as "Main Street") in Immokalee. C. PUBLIC SERVICES (1) Recommendation that the Board of Collier County Commissioners adopt a resolution and approve a lease agreement between Collier County and %he Gulfcoast £kimmers. January 7, 1997 (2) Recommendation that the Board of Collier County Comm, iasioners authorize the Chairman to execute a construction agreement with the Gulfcoast Skimmers Water Ski Show, Inc., ~or an 800 sea= covered grandstand facility. Recommendation that .'he Board of Collier County Commissioners authorize purchase orders with IBIS, Inc., MAG, Inc., and SunshiDe Excavators for work associated with Sugden Park. D. SUPPORT SERVICES E. COUN'~YI~.NAGER (1} Approve Funding to the Marco Island Chamber of Commerce for $948,896 for Tourist Development, Category B Funds. COUNTY ATTORNEY'S REPORT A. A Resolution of the Board of County Co~iasioners of Collier County, Florida, authorizing the issuance by Collier County of not exceeding $S,000,000 in the aggregate principal amount of Collier County, Florida NaDles Park Area Stormwater Improvement Assessment Bonds, Series 1997 in order tD refund certain outstanding indebtedness issued to finance the acquiaition and construction of various stormwater drainage improveme~,s within the Naples Park Area Drainage Improvements Municipal Service Benefit Unit: pledging certain Stormwater Improvement Assessments proceeds and various other moneys to secure payment of the principal of, redemption premium, if any, and interest on said bonds; covenanting to budget and appropriate certain legally available non-ad valorem funds to replenish deficiencies in the xeserve account in the event the stormwater improvement assessments proceeds are insufficient; providing for the rights of the holders of said bonds; making certain covenants and agreements in connection therewith; providing for the validation of said bonds; and providing an effective date. 10. BOARD OF COUNTY COHHISSION~RR A. Appointment of member to the Environmental Poli~y Technical Advisory Board. B. Appointment of members to the Isles of Capri Fire Control Advisory Committee. C. Appointment of members to the Ochopee Fire Control District Advisory Committee. D. Appointment of member to the Golden Gate Community Center Advisory Committee. E. Appointment of members to the County Government Productivity Committee. 11. OTHER CONSTITUTIONAL OFFICERS ~UBLIC CO~.M%~T ON GE~'ERAL TOPICS PUBLIC HEA~INGS WILL BE HEAJtD IM)~DIATELY FOLLOWING STAFF ITEH. S 12. ADVERTISED PUBLIC HEARINGS ' January 7, 1997 A. COM~RZlTZNSIVE PLAN AMXNDMI'NTS B. ZONING AM~TD~NTS (1) Petition ~-96-13, Wiiliam L. Hoover of .Hoover Planning Shoppe representing Rockwell T. Gus~, Jr.. re~esting a rezcning of certain defined property herein described from "A" ~o 'P~" (Whistler's Co~e) for a multi-family development consisting of 240 affordable housing units for property located on north side of U.S. 41 (T~mia~i Trail East) where intersects wi~h Sou=hwes~ Boulevard in Sec. 32, R26E, consisting of 24~ acres. C. approve In~erlocal Agreemen~l ~:ween Coll~er County and ~he ~ndependen= Fire D~s:ricte within Coll~er and =he Isle of Capri and Ochopee Fire Districts ~o provide for fire plan review of cons=~ction projects. (Continued from the of DecaYer 17, 1996) (2] ~ emergency ordinance amending Ordinance ~1-102, amended, the Collier County Land Developmen: Code, amending Section 2.6.2.2, Accesso~ S=~ctures on Waterfront Lots and Golf Course 13. BO~ OF ZONING APP~ A. ~RTI~ED P~LIC ~IN~ (1) Reconsideration of Petition Numar V-96-22, R. B~ce ~derson ~epresen:ing Albert J. Socol re.es=lng a 25 fao= varlance from the re.ired 50 foot maximum height limit to 75 fee= fcr property ioca=ed in Sec. 6, T52S, R26E, in ~he LaPeninsula Development. 14. ~O~ OF CO~ CO~ISSIO~RS, CO~I~TION~ 1~. ST~F' ~ 16. and action w~11 ba taksn by one motion without eep·r&te discus.ion of each it-~. If discussion is dasirad by · mmmbar of the Board, that ltmm(a) will bm removed from the Consant Agenda and coneidarad saparately. A. ~0~4"JNITY DEVELOP~NT & E~IRO~NTA/, S£RVICF- (I) Approval of a contract renewal with the Florida Depar:men~ of Environmental Pro%ec~ion (FD£P) ~o participate in sta~ewide ground water quali~y monitoring effort. 4 January 7, 1997 (2) Petition AV-9~-031, recommendation to approve for recording the final plat of "Naples Heritage Golf Country Club'Tracts "B" and "CS" Replat', ,nd approve the vacation of portions of the recorded plat of 'Naples Heritage Golf and Country Club, Phase One' (3) Water and sewer facilities acceptance for Quail west, Phase One, Block A. (4) Recommendation that the Board of County Commilsionera consider deferring 100% of the impact fees for a 248 unit affordable housing project to be built by Heron Park Partners, Ltd., a Florida Limited Partnership in Collier County, Florida. from library impact fees, parks and recreational facilities impact fees, road impact fees, emergency medical impact fees, water impact fees, sewer impact fees, and educational facilities impact fees for Heron Park Apartments, a 248 unit affordable rental project. (5) Recommendation to accept the Florida Department of Transportation Highway Safety Grant Award and approve the related Budget Amendment. (6) Water facilities acceptance for Diamond Lake, Phase 1 (Mirape). (7) Recommendation to approve for recording the final plat of 'Grey Oaks Unit Six". PUBLIC WORKS (1) Approval of Budget Amendment for the Naples Park Drainage Project. (2) Approve and execute the consulting engineering services agreement with wilson, Miller, Barton Peek, Inc. (~BP) to provide stormwater management system design and ou:fall construction plans for Golden Gate Doulevazd Project No. 63041, CIE No. 62. (3) Approve a Budget Amendment recognizing carry forward amounts from FY 1996 for the Marco Island Library addition project in Fund 355. (4) Recommends=ion to approve the addition of one 15-cubic yard, diesel powered, dump truck to Bi4 #96-2549 for use by the Waetewater Collections Section (5) Recommendation to approve the purchase of one 1/2-Ton cab and chassis truck (with Utility Body, 2-ton crane, and 10-HP air compressor) for the wastewa=er Collections Sec=ion in accordance with Bid #96-2604. (6) This item has been deleted. (7) Approve ~-endment No. Three tD Professional Agreement with Me=calf and Eddy for the ~TP 8-~d Expansion Project. (8) Recommendation to Award Bid t96-2554 for Berm Maintenance for the South County Regional Waatewater Treatment Facility to As:rs Lawn Sezvices, Inc. (9) Approve Change Order No. I to the construct the Reclaimed water Transmission Main from ~uail Creek to the North County Regional Water Treatment Plant, Phase I, Contract No. 96-2581. January 7, 1997 (10)Authorize roadway maintenax~ce and roadside landscaping ~mprovemente along Vanderbilt Drive between Vanderbilt Beach Road and lllth Avenue. (l~)This item has been deleted. (12)Award a Contract to construct 'Riviera Colony Utility Improvemente - Phase II', bid #96-2588. {13)Recommendation to recognize and appropriate FY additional carry forward to Operating Fund Marco Ialand ~eautification M.S.T.~. Dietrict0 for continued aod/me~ian landacape refurbishment. ¢14)Recommendation to ·ward · contract ~or median eelected public ·rea grounde maintenance for ~he I~el¥ Golf Estatee Beautification M.S.T.U.; Bid No. 9~-~S9~; to advanced Lawn and handecaping Service, Inc.; in ·n annual ·mount o! (1) Recommendation t~at thJ Board o~ County Co~ieaionere award ~id #95-2SgS ~or repairs to irrigation eyatemo within the Collier County Park (2) Recommendation that the Board of County Commiasionere approve a time extension relative to the conceptual approval a~ree~ent with the Pepartment of Communitiee Affairs, for grant monies asao¢i·ted with the deve!¢p~ent of Sudden Regional Park. (3) Re;ommendation that the Board of County Commissionere r~ject RFP No. 9~-248R for grant application services. (4) Recommendation that the Board of County Commiasionera award the ¢on~ract to inatall a pool elide at the Golden Gate Aquatic Complex to Vanderbilt Bay Construction, Xnc. (5) Recommendation that the Board of County Co~misaionere approve emergency roof repaira to the Golde~ Gate Park Ad~inistration building. D, SUPPORT SERV~CE~ (1) Regueet Board of County Comm~eelonere approval of · Certificate of Public Convenience ·nd Necessity for the Collier County £~ergency Medical Services Department. E. CO~'TY MANAGER (1) Approve Contract #ith ~he Naples Area Chamber of Commerce for $1250000 Category B Tourist Development Funds. (2) Approve Contract with Naplea Are· Accommodatione Associa=:on for $489005~ Category B Touriet Development Funds. {3) Budget Amendment Report. F. BOARD OF COUNTY CO~MISSION~S D. MISCELLANEOUS CORRESPONDENCE January 7, 1997 Certificate of Correction: N~£D MOTION authorizing the =ha£rman to sign Certificate of Correction to the =ax rolls as presented by the Property Appraiser's Office. RECOMMEND APPROVAL. Satisf~¢tion of Lien: NEED MOT;ON authorizing the Chairman to sign Sati~faction of Lien for Services of the Public Defender for Case Nos. 96-654-CFA, 96-6531, 96-914, 95-243-CJA, 89o1141-CFA, 95-10637-MMA, 96-2207-MMA, 94-216-CJA, 94-1887-CFA, 92-1580-MI, 96-8739-MMA. 96-1044-M~, 96-&390-MFA, 96-1189-CFA, 96-8100-MMA, 95-346-MMA, 96-2849-MF~, 96o167~-F~A0 96-7323-MMA, 96-736-CFA0 96-3445oMMA, 95-8654-MMA, 965,2065oCFA, 95-8771-MMA, 96-97~-CFA. 96o7357-M]~A, 96o9172-MMA. RECOMMEND APPROVAL. H. OTKER CONSTITUTIONAL OFFICERS Recommendations that the Board of County Commissioners approve a budget amendment to clean up Fiscal Year 1995 Debt Service Appropriations. (2) Recommendation for the Board of County Commissioners recognize carry forward from Fiscal year 1995 in Fund I. COUNTY ATTORNEY Recommendation that the Board approve a Satisfaction of the Agreement for Extended Payment of Beneon S~ree= Paving Assessment District. (2) A Resolution approving the prices for the Collier County Code of Laws and Ordinances and the Collier County LDC; establishing the increased price for the annual supplement se~vice for the Cods Books; authorizing Municipal Code Corporation to continue to be the vendor and distributor for the purchase by the general public of the Coda Books and che annual supplement service; authorizing the County or his Designee to authorize Municipal Code Corporation to print and store the neceseaz7 copiel of the code books for purchase by the general public and superseding Resolution No, 7 January 7, 1997 AGENDA CHANGES BOARD OF COUNTY COMMISSIONERS' MEETING JANUARY 7, 1997 CONTINGE: ITEM 16(A) (2) TO 1/14 MEETING: PETITION AV-96-031, RECOMMENDATION TO APPROVE FOR RECORDING THE FINAL PLAT OF NAPLES HERITAGE GO:,F AND COUNTRY CLUB TRACTS "B" AND "C5" REPLAT, AND APPROVE THE VACATION OF PORTIONS OF THE RECORDED PLAT OF NAPLES HERITAGE GOLF AND COUNTRY CLUB, PHASE ONE. (STAFF' S REQUEST) . NOTE: ITEM 9(A) REQUEST TIME CERTAIN AT 11:00 A.M. TO ACCOMMODATE BOND COUNSEL - RESOLUTION AUTHORIZING THE ISSUANCE OF BONDS NOT EXCEEDING $5,000,000 FOR THE NAPLES PARK AREA STORMWATER IMPROVEMENT ASSESSMENT BONDS SERIES 1997. STAFF DISCUSSIONS 1o JOINT CITY/COUNTY WORKSHOP. PROCLAMATION in a very short time. thousanct~ of our very beautiful feathered friends, the Purple Martins. will return from their winter home in Brazil; and WttEREAS, these bir~!~ will be searching for suitable housing to enable them to nest and rear their young; and the Florida Legislature has designated Collier County the PURPLE MARTIN CAPITAl. OF FLORIDA; and WHEREAS, the "Conservancy Purple Ma, tin Socie,?~'" is desirous of urglng the public to erect proper housing far these very val,able winged creatures by placing said houses on their property; and during the period of January 12 - I8, 1997. the Conservancy Purple Martin Society will endeavor to alert the public to how valuable these birds are in helping to diminish the insect and mosquito population. NO W THEREFORE. be it proclaimed b.~!. tl~ Bqardof C~unty Commissioners of Collier County, Florida~...that the..wee, k of ~-- ".:~2.¥~...::.j.. 8,? 1997 be designated as tn CoHJ~ Coun~ an,~ ~ge all ct~ tojotn ~ ~ ~e~ Pu~le Man~ $~e~ to show t~ir ~nf~ th;~,~ya~!e,~Mpien~y winged cr~es ~ learn to:m°tect.~W~~. DO~ ~D O~E~ THIS 7th D~ of Ja~ .... DWlG~ E. BROC~ CLE~ ~, .... ~¥....:¥..,..,~:.,.<,~.~'. ....... JAN O? 9S7 : WHEREAS, B?-IEREA$, WHERE. AS, PR OCLA MA TI ON the Friends of the Library ewe em InteKral part cf t~ Collier Count' Public Libr~ ~ystem; ~ ~ing the ~st 4 ~s. the [~len~ org~l~ation ~ ~noted In e~cess of ~250,~ to o~n public Itb~: ~ tbts mon~ ~ been dls~lbuted ~o all libra' I~lom for ~ojects ~th big ~d In 1993, the Frten~ endo~d a Collle~ Co~ Public Llbr~ Fo~atlon with ~ER~S, the Frlen& of the Llbr~ ~ de~lo~d the flrn ~ofesslo~l fea~ing t~ ~lslne of N~les ~ Collier C~; ~ER~S, the Frien~ b~e pledged the ~eedt flom this endear to the contt~ed e~ichment of ltbr~ se~tce in Collier Co~O'; ~d t~ tm~s~ent in ~ur ~ubli~ li~ ~ ~ bn?y COLLIE~ CO~] FLORIDA /HN C NORRIS. CHAIRg~4N DWIGHT E BROCK. CLERK JAN 0 7 1997 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Janua~ 7,1996 CLERK'S REPORT 6A. Analysis of Changes to Reserves for Contingencies General Fund (001) for ~ 96/97 Community Development Fund (113) for 96/97 Facilities Construction Fund (301) for FY 96/97 ANALYSIS OF CHANGES TO GENERAl. FUND (001) RESERVE FOR CONTINGENCIES For t)'se cheering date of January 7, 1996 FY lgg$-g7 RESERVE FOR CONTINGENCIES: Cng,hal Budget 10,'01/9~ C. ur~ant Balance 12/16/96 (Reducbo~$) or increases as explained below B.A. Date Request 11-27-96 12-11-96 12-11-96 EXPLANATION OF REDUCTIONS. Ex planaflon 48 To repair the bottoms of the act~vi~ and plung~ To pay Util~y expenses for Immokalea Child Care Center To repa,r the Cer~ral L~b~ary Chltler 4.675.900 4,619,222~ ¢56_678) (Reduction)/ ~rllle (16.50000) (11.000 00) (14.475 00) Ar~e,'*drnent~. amOunbng to tess than $10.000each (No 29 17. c.~) S (14,703) Total Recluct~ons JAN- 7 Lo96 ANALYSIS Or CHANGES TO FACILITIES CONSTRUCTION FUND (301} RESERVE FOR CONTINGENCfES For ~a mee~ng date of Janua~ T. 19~ FY tQg$-QT RESERVE FOR CONTINGENCIES Original Budget 10101/96 Current Balance 12J16196 (Reductons) or .~Creases as explained below Date Request EXPLANATION OF REDUCTIONS Explanation 11-13-96 Amendments amounting to Jess than $10,000 each (No 25) $ 294.400 O0 292,199 O0 (Reduct~m)/ S Total reduct~ot~s S ,JAN - ? 996 COLLIER COUNTY MANAGER'S OFFICE November 15, 1996 Mr. John Ryan, Co-Chair ENCA Beautification Committee c/o First American Home Care 5039 Tamiami Trail East Naples, Florida 34113 3301 E. TAMIAMI TR. NAPLES, FL 33062 (813) 774-8383 FAX (813) 774-4010 A CERTIFIED BI.UI' CI111' CC)MMU'NfT"I Re: Request for Public Petition - U.S. 41 Median Landscaping Dear Mr. Ryan: Please be advised that you are scheduled to appear before the Collier County Board of Commissioners at the meeting of,~January 7, 1997 per your request regarding the above referenced subject. Your petition to the Board of County Commissioners will be limited to ten minutes. Please be advised that the ~oard will take no action on your petition at this meeting. However, your petition may be placed on a future agenda for consideration at the Board's discretion. Therefore, your petition to the Board should be to advise them off'our concern and the need for action by the Board at a future meeting. The meeting will begin at 9:00 a.m. in the r oard's Chambers on the Third Floor ofthe Administration Building of the government complex. Please arrange to be present at this meeting and to respond to inquiries by Board members. If you require any further information or assistance, please do not hesitate to contact this office. Ve,-y Co v,q'4D/bp cc: County Attorney Public Works Division September 29. t996 TO: Pamela S ,Mac'K. ie FROI~i. Jot,a~ R)'nn RIC: LIS 41..~,ledian L,~ndscaping Th.~nk you l'or the cop.',' of the memo fi'om Nell Dorrill'.~ o~c~ ~<tilten ~ re<p,)n~e t,) your ~q, Jest" tbr intbm~tion nbout the avsilabili~' or fimdinff for the design work on medinn Ins~d~c~,j~in~ for L:S 41 Enst. Dom~a Finla and [ lm~e discuss~ lhis issue. I! np~m's Io us tl~t fl~is memc b~dicates i~ is up to lh~ ~)ard ofCoun~F Comm~.~iontr~ ~o decide fimdi,e for fids de~im~ work. Thcrelbre. W~ ~uld l~e Io ~lnce m~ ilem o, Commission 3~eudn'whlch would direct sta~to pill L~LII ~ur bid fl~e Innd~cnpin~ desitin work for fl~e medians on U.S. 41 ~st ~om Davis Boulev~d ~o R3111emake Hammock RL,nd x~'e t~el fl,s bid sll~uld enc,~mp::ss 311 de~i~ werk requbed bF an) gossibl~ 3pphcadon proccd,rcs. If ~l~c hid i~g prL, ce~ r~uub'cs thc mmlt~ of bid~ I,~ specified. wo~,ld llke iL, ~ee ~t lea~t lluec h[ds..~d if ll~e proceS?, x~t:,:~ll> s~cil~es specific bidders we ~ould like to see for tlds pro~ect would ha~'e fl~e bids completed ~ time ~o include iB; fimdh~t tzar ~e desi~ work hi file 1997-9g budget We feel lhe compleled desiRn should be s'ea~y fi~r submission to lhe ~ndhs~ somce no laler fl~ JmmoD' I. 1~8: with pmjed begh~8 before the end of l~g or as ~l~e expansion of L:S 41 is compleled, if il still utsder consmsclion at flm~ lm~e. ~uide ~ al~n~ ~o that thi~ project Ilmvs 3~ ~mvoflll}. os ~s~ble m~d ~n~v~< al 3 Th.~nk Fuu for nil ).our effo~s ~ ~s~isdn~ ih~ East N,ples Civm As~ociafio~l ~ il~s ~iml pr,)jeci. I',! :,, ~ AGENDAJTEM ,o.--! COIHER COUNTY MANAGER'S OFFICE December 10, 1996 }3¢)1 E. TAMIANI TI~ NAPLES, FL 34112 (941) 774-8383 FAX (941) 774-4010 A CERTIFIED BLUE CHIP COMMUNITY Tom Scholtz Scboltz & Scholtz 291 CEzpress Way West Naples, Florida 33942 Re: Request for Public Petition - Waiver of Sewer Impact Fee Dear Mr. Scholtz: Plaase be advised that you are scheduled to appear before the Collier County Board of Commissioners at the meeting of January 7, 1996 regarding the above referenced subject. Your petition to the Board of County Commissioners will be limited to ten minutes. P]ease be advised that the Board will take no action on your petition at this meeting. However, your petition may be placed on a future agenda for consideration at the Board's discretion. Therefore, your petition to the Board should be to advise them of your concern and the need for action by the Board at a future meeting. The meeting will begin at 9:00 a.m. in the Board's Chambers on the Third Floor of Building "F" of the government complex. Please arrange to be present at this meeting and to respond to inquiries by Board members. If you require any further information or assistance, please do not hesitate to contact this office. Ve. ry ~t ruly/~ou'rs~,..~ '\NCou n/t,y Manager WND/BP cc: County Attorney Community Development Services Division SCHOLTZ & SCHOLTZ Bu,ld~ng and Remodehng General Contractors CGC 055850 December 4, 1996 Mr. W. Neii Dorrill, County Manager Collier County Courthouse Complex 3301 Tamiami Trail N Naples, Florida 34112 Dear Mr. Don'ill This Is a request to be placed on the Board's agenda in the Public Petition section at the earliest possible date I will be requesting :he Board waive the sewer impact for a home Iarn budding at 4485 Lorraine Avenue Lol 9. Block B, Coconut Creek, Unit 3. Ahhoueh the home I am building is technicall.', reside the Water-Sewer D~strict scrxice area. lh~e Wastewater Department Director has informed me lhat sev, er sen'ice to lhis home is highly unlikely. In fact, the Wastewater Director, T,n Clemmons, will be requesting the Board, in the near future, in a planned revision to the sewer impact fee ordinance, to formall.v ~dcnU~' several se~'~ce areas within the District boundaries that wall probably ne~er rccesvc sexver service and therefore should be exempled from payment of the sewer iTnpact fcc Tom Scholtz 291 Cypress Way West · Naples, FL 33942 · Phone (941) 597-7072 · Fax (941) 597-4805 COI.HER COUNTY MANAGER'S OFFICE December 23, Ken Carlyle, ASLA McA~,ly Engineering & DesigD, Inc. 5101 Tamiami Trail East Suite 202 Naples, Florida 34113 Re: Request for Public Petition Country Club - Median Landscaping Dear Mr. Carlyle: 3301 E. TAMIAMI TR. NAPLES, FL 341t2 (941) 774-8383 FAX (941) 774-4010 A CERTIFIED BLUE CHIP COMMUNITY Naples Heritage Golf & Please be advised that you are scheduled to appear before the Collier County Board of Commissioners at the meeting of January 7, 1997 regarding the above referenced subject. Your petition to the Board of 'County Commissioners will be limited to ten minutes. Please be advised that the Board will take no action on your petition at this meeting. However, your petition may be placed on a future agenda for consideration at the Board's discretion. Therefore, your petition to the Board should be to advise them of your concern and the need for action by the Board at a future meeting The meeting will begin at 9:00 a.m. in the Board's Chambers on the Third Floor of Building "F" of the government complex. Please arrange to be present at this meeting and to respond to inquiries by BoarJ members. If you require any further information or assistance, please do not hesitate to contact this office. Ve,r~.'>~ ru .L~s , / /iI I/' Cp / C.3az,/ ' W.~ Neil Dorrill WND/BP cc: County Attorney Public Works Administrator cANLY ENGINEERING AND DESIGN INC. ENGINEERING pLANNING December IS. 1996 Mr. Ncil Dorrill. Count)' Manager 3301 East Tamiami Trail Administration Building 2nd Floor Nap]cs. Florid3 34ll2 LAND SURVEYING LANDSCAPE ARCHITECTUR~ P-,.E Naples Heritagc Golf and Country Club / C.R 951 median landscaping located in section 10. To~nslnp 50 South, P,.:mgc 26 East: Collier Count> Florida Dc;JrMr Dorrill Thc purpose of this letter is to rcqncst on behalf o1' m> elielll. U $ Home Corporation. a public i~cm for thc upcoming ,)anu.'rO,' ?, 1997 Board of Count} CoIllllllSSlOtlCr$ Meeting Wc arc socking a pnvatdpublic panncrship for landscaping in thc 951 medians adjaccnl io Naples Heritage Golf and Count~' Club. We will ask thc Board Io authorize coumy staff ~o review plans and a draft ~grccmcnl for malchcd funding and report back Io thc Board their recommcndalions. We have working %~ ith George Archibald and Val Prin:c of >our staff Io c~dmatc these efforts Thc cost estimate for ~l~c Iotal Innd.sca~ and irrignlion pro.iccl is $93,316.oo. U.S Home Co~ralion ~as agreed Io m:nntam and irrigalc thc landscaping at ils o~n cost. Coihcr Count)'s contribution ~ould onl) S46.658 duc after project completion and inspcclion. Thc I:mdscapc pi:ms will ~ consislcnl ~tith thc recently approved strcctsca~ master phm for Collier COtllt[~ ;uld ~ ill ~ a ~siti~c addition lo thc Colhcr Count> Strcctscapc nct~ork. If )ot~ h;~vc ;~n> qucst~ot~s or require addiHon;d in[OIHhtBOn, plC;~SC do not hc$~l;~c lo co~ltaCl n~c DKC,'ILm 5101 TAMIAMI TRAIL EAST, SUITE ~02. NAPLES. FLORIDA 3,1113 (941) 775.0723 FAX ~9411 775'¢a236 . , ATIONS RELATIVE TO ORDINANCE 90-37, ~:-SO mOWN AS THE ARm~ ~ ~ - ..... ~ pROPERTY ~QuI~D PUD STATUS REPORT SUBMITTED ~ ~ IN SECTION 2.7.3.4 OF HAS NOT CO~4~NCED CONSTRUCTION, AS DEFINED THE COLLIER COUNTY LAND DEVELOPMENT CODE, RESULTING IN SEVERAL POSSIBL~ COURSES OF ACTION FOR THE BOARD OF COUNTY COt44ISSIONERS TO CONSIDER · OBJECTIVE: staff is requesting that the Board review staff's findings and recommendations regarding the above referenced PUD. ri inally approved on May 10, 1990. CONSIDERATIONS! This P~a~.~,,,~e re arding sunset~in~.=~ ~his PUD contalns,,spe?~I~~;;;ucti~n of this pro]ec= uu== Document states: .. ~ ~ ..... he Planned Unit Development (PUD) begin withi~ five..~s,_~ be brought back before ~he_B~a[~ zoning for t~is p~tl~lon-~"~-~w" This PUD was extenoeu of County commiss:oners :?r fe;~ ]2) ,,ears expiring on May June ~0, 1995 for a perio~ o: u o ~ . .' lated that if the construction has not 1997. It was further ~t. lpu ~. PUD will be subject ~o_ ~h~ . t ~ate, ~n~ · cor~ne,.ced by ~h9 .... ~ 7 3 4 of the LDC. Sect~on.2./.~ sunsetting provlslon~ o~. o=~.~%~ckment Code requires thau of the Collier county bane u= = prcject developer submit an annual report on the progress of . on the fifth anniversary of the PUD develcprent, commencing , - ~-~missioners The property owner oa~d of County ~ · ' approval by the B ~. ....... te and Federal permits necess~r~ ~s not expect to oDtal . ~ ~ .ao7 ~nd has requested t~a~ dc ' D Ma ~, ~=~ ' ' · ' tO commence construction Y__ .f~ ~ extension at this time. The f brin this petition ~u~w~_-~i .... ~at, whether or not the s~af , -~ ...... ~ this repor~ ~ ~ singular pu~p~o~ 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 Land Development Code, the f~ve 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 PUD 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 of in house records to verify the current status of the PUD and as the basis of a recommendation to the Board consistent with the options provided Section 2.7.3.4 reads as follows: -1- in Section 2.7.3.4 (1) & (2). AGEN Tr . ' 2.7.3.4. Time limits for approved PUD master plans. In the event that a PUD master plan is given approval, and the landowner(s) shall: Fail to obtain approral for /mprovement plans or a development order for all infrastructure improvements to include utilities, roads and similar improvements required by the approved PUD master plan or other development orders for at least I5 percent of the gross land area of the PUD site every five ~ears of the date of approval by the Boa;'d of County Co...~ssioners; and Fail to receive final local development orders for at le'~st 15 percent of the total n?-n~er 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 Commissioners. The project developer shall s~tbmit to the Planning Services 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 Services Director determine that the development has commenced in earnest, then the land shall retain its existing PUD approval and shall not be subject to a~H~tional review and .-onsideration of new dmvelopment standards or use modification. Should the Planning Services Director determine that the development has not commenced in earnest, then upon review and consideration of the report provided by the owner and any supplemental information that may be provided, the Board of County Commissioners shall elect one of the following: To extend the current PUD approval for a maximum period of two years; at the end of which time, the owner will again sub. it to the procedure as defined herein. -2- JgN 0 '/1~$7 Require the owner to submit an amended PUD in which the unimproved portions of the original PUD shall be consistent with the Growth Management Plan. The existing PUD shall remain in effect until subsequent action by the Board of the submitted amendment of the PUD. If the owner fails to submit an amended PUD within six months of Board action to require such an amended submittal, then the Board may initiate proceedings to rezone the unimproved portions of the original PUD to an appropriate zoning classification congistent with the Future Land Use Element of the Growth Management Plan. In the case of developments of regional impact, time limit restrictions shall be superseded by the phasing plan and/or time limits contained within the application for development approFal and approved as part of a development order in conformance with F.$. ~ 380.06. Synopsis of Approved Land Uses: This PUD was approved for 246 multi family affordable dwelling units. The PUD contains 7.96 acres of preservation/open space areas. The gross density for the PUD is 11 dwelling units per acre. This PUD contains 22.36 acres. Consisten~rehensive 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 with the Collier County Growth Management Plan. The PUD has also been found to be consistent with the following GMP Elements FLUE; Traffic Circulation Element; Open Space/Natural Resource Element. Consistenc~_with the Collier Count]f._Land Develo_~_.ent 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 inconsistencies have been identified: Transportation: (Traffic impacts, access management, etc.) This PUD will be required to adhere to including the Access management Plan. -3- the LDC, Landscape: (Buffers/Green Space) The PUD Master Plan is consistent with the requirements of the LDC. Environmental: (Protected species, green/open space) The PUD Master Plan is consistent with the requirements of the LDC. Engineering/Site Development: (Sewer/water, drainage issues) The PUD Maste£ Plan is consistent with the requirements of the LDC. Site Specific Conditions of Approval: Staff recommendations relative to each condition of the original rezone approval are listed below: Conditions of Approval: This PUD contain was approved as an affordable project, and as such, has received eight (8) bonus density units per acres. Staff Recomumendation: The affordable housing agreement signed between the County and the developer is inadequate and outdated. Staff would like to re-negotiate a new agreement with the developer. FISCAL IMPACT: A one year extension of this PUD Ordinance will have no fiscal impact on Collier County. STAFF RECOMMENDATION: Based on a comprehensive review of this PUD document, staff recommends that the Board of County Commissioners grant a one year extension of this PUD. Staff also recommends that the Board of County Commissioners require the project developer to enter into a revised affordable housing agreement prior to commencement of the project or within the one year PUD extension time frame, whichever occurs first. -4- JAN 0 7 1997 PRE PAP. E D BY: CHAHR..~M BADAMTCHIAN, Ph.D, , AICP DATE REVIEWED BY: ROBERT' J. PK3LHERE, AICP CURRENT PLANNING MARA~"ER DATE DONALD W. ARNOLD, AICP DATE PLANNING SERVICES DEPARTMENT DIRECTOR INCENT A. CAUTERO, ADMINISTRATOR DATE COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION -5- AGE N D~'AF'~ t .lAN 0 ? 1997' RESOLUT~O:: NO. g.~- A REDOLUTIO,'; BY THE BO,'-.~D OF COU:;T¥ CO:.2:!$1IO::ERS OF COLLI£R CCU::TY, FLOP, iDA, g'uR-r:,uA:;T 70 SECTION 2.7.11.4 OF THE COLLIE~. COUNTY LAND D~4T-I~P~4£NT CODE At:D EVID£I,Cit:G THE REVI£11 REQUTP~D h'! ,~TCTiO:: £.14 O:" COLLIER COUNTy ORDINANCE I;O. 99-37, UE!CH ESTA.=LISt{~D ~'i.,E ARB$,-', "?-.EE CLU$ PiLl:NED bi, liT DEVELO?MEI:T, Al; ATFO}:~.ABLE HOUSING D'rVELOPI:E::T; EYTE::DIt:~ THE CL'~RE::T FUD A~P. OYIL TO NAY 25, 1.':.97; A::L FFO'/ID!N-~ A:l EFFECTIVE DATE. ~:HE.=,E:.$, Sec~icn i,l~ cf %he Arbcr Lake Club Planned D.-~velc~re'.~'-, Ordinance No. 90-37 (th. "~UD") pr~vldes that if canclruc'.ic,n ha-: not ccr-,ence~ with:n ~ year-, of a.'-.:'rcval. rc'.'ie;:; ard ',;H£.g.:q,£, thc gr:..:.'-.r;7 ¢'.'.-,e.- ha~ cc~iiea ;..:::. and rec. u.~.~:~.~ a rz.-.:torl,-..-..~r:~c~-furc: fur .~L:D$ w~%:.:r. %~c. Ccur,%:'; ar.d %-.~.{ERE.:!, de'.'~i-r-~-~_. .... cf :he Ar~ar Lake C~u~. - FUD, ar, ...... r.9 dc'.'clc.~z.'_:','~ '..i~ ar-i£% T:.{. Ccu,-.ty in ccr.~]y.'n? .... . ..... Crc:,-th l.'.~_na?ar, ent Act and the Count}, Corpre,h~n-~ive Plat, goals, ck'jecti'.'es a:,d ~.c"icj¢~ %o incre.-s~ ~?.~ S'.~.~:y Cf affcrdak!e housing ~hc urha.-, area cf ~he Count)'; and I'.'HE.::E.'-.S, the PUD ~as adcpted consistent wilh and under the ~rcvisionf, cf thc r...',:is;ing Ccmproh~nsive Plan. I;C;: ?HEkE.-'ORE BE iT RESOLVED BY THE BOAT-.D OF COU::Ty cf Collier Ccd,-,ty, F]clida, tha~: as if fully set ~orth herein. curren% TUD a~pro'.'a] i~ h~r~b), e~tende~ %o Nay 2~, at the en~ cf which ti~,e thc owner ~hal! ~u%mi% procedures .in LDC Section ;.7.3.4. .'-'. ': .~ .' .?<. "fi' '. . ~- ~.- '~ .-~ , .. .... ., residential units for rental ~0 familie~ ~.'ith incc-e~ incomes not in e~cess Thi~ Re~olution shall ~ecome effective ninut,~ of this Board. APPROVED AD TO .'-..k 5 :G'. L.:. }' Z " "~'": ~ .... CRDI:~ANCE ~0-,,,3? '~M~REH~NSIV~ ~ONIR~ ~GU~,TIONS rO~ TH~ ~~,~:DI~:G TH~ OFFICIAL ZONING AT~,$ ~U,;' t;L~:5~R : "' ~k '~ '~ '~;~" P~.::~:~D L~:IT D~V~LC, P::~:;T ENO:;:: AS Xr.P:~ ~ ~. .~JB FOR AFFORDABLE HOUSIr:S ON PRSPERTY LOCATED ON " ~%~__~.+~n WEST SIDE OF OLD U.S. 4X (C.R. ~7) . , ~ APPROXIMATELY 660 FEET DUE SOUTH Or ~l:r ~'O~TH ' SECTION LINE OF SECTION 10, 'TOWNSHIP 4~ SOUTH, ~IGE 25 EAST, COLLIER COmiTY, FLORIDk, CGNSISTiRG OF 22.36~ ACRES; AND BY PROVIDING AN [FrECTIVE DATE. WHEREAS, Harvey Strauss ~f Alpha rngineering of Count'/, Inc., representing John D. Ja~$':', p~%i%ioned Bcar~ of County Ccm.nissioners to change the zoning classification of ~he herein de~cribe~ real ~roperty; NOb', THE~EFCRE BE IT CK.,-s.,,~D.by the hoard cf County Cc~riszioners cf Collier Coun=':., Flcrlda: The Zoning Cia~s!flcaticn of the herelr dc~c'. !bed real P:'c,F~'t't? lc. cat,,i in Sc'orlon 10 Townsh:; 4~ ~ ',.~ East , Collier Ccur, t}., Florida,i~ chan~ed from A-2 to "PL'~" Pi,:r.r,e/ Unit Le'.'~!c~ran~ in ac:crdance %'ith ~kc. FUD document, attached hereto as Exhlbi% "A" %'hlch is incor~crate~ herein and ky rcfcrer.~e r. ade Far% hereof. The Cfflci~i Z:nir.~ }:ap Number 4S-25-2, a~ de~cribe~ in Ordin.nce Number 82-2, is hereby amended accordingly. Thi~ Ordinanoe ~hall become effective upon receipt of notice fret, the Secretary of State ~hat thi~ Ordinance has been filed %'ith the Secretary of State. · ATTEST ~O~D OF CDUt:Ty COLLIER C~ ..... , FLOAiDA BY: .~rA.,~S~, ~.-, c~' SEC?ION ! S~atement c~ Co~plianc~, ~.o~ :ntrod:ot:~n and ~urpose ........ ~ ' ] ' .62 Name ............... . ......... 1 ~,03 Legal Description ............... . . 2.04 Title to :'Oper~y ................. 2 2.05 General Descri~.lon ................ 2.06 Site Development Plan Approval Prcre~ ....... 3 SECTiCX ]~I, Project Development ............... 3 3.01 Purpose . . . ..... -, 2 General Plan of Dev-l~-~--~ ' ' · · . 3 3.03 ~et]and~ -''~ ...... ~ ........... 3 £EC''¢,~ ,, .................. .... /, Land U~e asd Regulat~¢n ..... 3 4.01 Purpose ...................... 4 4.02 Projec~ Plan and Lan~ Use'~. ........... 4 4.03 Projec~ Der, rlty~4.~ ................ 4.C4 Sequence ~nd Sc u '-- 4 4.0~ .,ecreat~c-a~ -- '.~ ' '. ........ 4 c.c-..,.., .... .. Fa-.]3..es a~ S.61 ?urpo~e , 5 -.62 perm:.te4 ..~ .-4 e~-,, . ........ 6.01 Lake and Mltig~t~cr. Ate~ ..... 6 ~urpo~e ...... ~ . . . . · .,c~.o~ .... - - · · . · 6 ~.03 Permit' '.' ..... . .ed Uses ama Struc'u-e. ' ...... 6.04 Regulations, 7 ......... SECTION VII, Detached. Clustered Multi- 7.0]. Purpoue . Fa,,,.ly . ....... 7.0: Nnximu- ~..~,~.' ,' .......... 7 O~ e"-'~ o ...... · ...... 1 .t .d Ue.- a-4 ~,.,.~. ' ....... 7 ?.0C Reoulations ...... 8 ~ General Develo~nent 8.01 Purpose ..... . ......... 10 8.02 ..... ' ....... PUD NOSter ~evelcp=ent Plan · 10 8.03 C~,ar~g, ~r,di~=, £art~-O~'.~'Sit; 8,04 Utilities ...... ' . . . 8,05 Solid WaSte Disposal i '. [ .............. 8.07 Traffic lmp-ove--e-~s' ' ; .......... 12 8.08 S~-e~ ....... ,~;~tl'f'~ .... 8.09 ........ ~'" ' 'l · · · 12 .......... Polling Places .... ,! ............. 8.10 Environmental . . . 8.11 a.er Management and £ng'-ee-1ng ....... 13 e.12 F:re Protection 14 ": .~ ~.' ' 'r' ~..' ] .......... !6 ATTACHMENTS "1" Statement of Unified C:n~ro~ "2" Agreed, eat Authorizing Affordab!e Hcu~in~ Dens~t¥ "3" Arbor Lake Club Deve]o;.ment Ma~ter Plan "4" Arkcr Lake Club Details "o- JAN 0 ? 199'7 SEC?IO~ S?ATEMEHT OP COMPLIANCE This development of approximateJ~ 22.36 acres o! property Section 10, Township 48 South, Range 25 East, Collier ¢o'Jnty, Florida, as a Planned Unit Development to be known as R~BOR L~vK CLUB, an al' . . .. ,ordable housing development, will comply with the plann:n9 and development Objectives cf Cc!lieF County as set ~Orth in the Growth ~anaoement Plan (GHP). The resSdent~al aspects o~ the development,together ~th the ass¢c:ate~ re~reat~cnaj tackler:es, w:l! be cons:stent ~th the crouch oollcses and d~'.'e~op~ent re~u)~t:cn~ ct the GM? tcr the fc~o~;no reasons: con$:stez, cy ~:'h *~e -up a-~' ..ns rev:e~e~ ~hls recue$~ far af residential develo:~,ent sU:~ect to co~l~ance r'ult:'fa~ly .at~ordable houslnq u~ts ~ 22.36 acres tot Traffic Ccngesticn Area, One (l) unit per gross acre is =uhtracied iron the base denzlt¥. In aCd]t:on, since the Theretore, the Denslt. y Ratin= Sy=tem corm:ts the orooosed ~r~ect a tot. a~ of Jl units/acre. Eased u~ the abov~ a~alYSis, tht~ nronect 1~ rou~o t~ De in c~m~:ance ~th the FLUE ct' toe ~p. In aeration, In or,er to cua[:ty for the bonus density, Ceve]o~ed entirely with at"o ~ab th~ oroqect shall be P..a~es o, the t~O~ect shall be sub,ccC to compliance with the Cc~cUrrency Management System ~evelnoed tot t~e Pu~c ~ac:l~C~es O:d:nance that was adopted by the Boate of County Com~.zss~Cners at its meetin~ on March 2]. SECTION II PROPERTY C~:~EPS!!Ip & ~E~ERAL DESCRIPTION ~.0! iHT~QEUCT:o;; AND ~U~POS£ It~lr ~"'.'~ a:-.,..?, rn~ aYrn~'annl~ n~il~&llO ~ l~l'll'{J~lJ,~l ¥ ? i ! JAN 0 ? 1997 Pl.-IIi . purpose c~ this document to provide ,.Re reau:red detail a~d Cats concer~n~ the develcp~.en~ ¢~ ~he propertx. '~en~x ~ercent · et the total un, ts ',r ~ty (!0) un~ts on ce~lete development aha}! be occu~e~ by lo~-inco~e ~a~iltes. l.ov-lnco~, tn~l~es are de(~ned as one (1) c~ ~.cre ~ersons or a tamely, the total household incor, e o) v~ich is vithin A rsnce ~rom b1-80 ~eree~t, ~n¢lus~ve o~ the ~e'~mn annual a~iusted qross ~ncome. as ~bl~shed mnnually by the US Je;mrt~ent o~ Hous:nq she Urbon DeveJn~m~nr househol~s wxth~n the I~sples Hetro~olitan Stat~st~ea! Area percent (20%) c! the total un, ts or fi:tx (bol un)ts on co~}ete development shal be occu~ie~ by ~o~erate income Hcderate )nc~re ~J:es are Ue~ned ~s on~ or ~ore oer~o~s c~ a rance ~rc~ B~-2~ ~ercent, ~nc]us~ve or the ~eU~an a~)al and Urban ~evel~p~.e~t fur house~:~¢s ~:t~:n tY.e r:m~]~ ~etro~clJtan ~tmtist:cal Ar, a. The c~er s~a'] re~t t~e "a~fcrSabJe ,r.~t~" to Iow- ant ~n:c~e (a~l~,ts at a re~t ~ot to excee~ t~:rty oerce~t (30~) ct the family's total r. cnthlv tn¢o~e. Th- t~t~l ~ntn!'~ :~e by t~e~ve The owner sha~l shn~ Lis wilJ~nan~s~ t, ~e'.'e)n~ the excha~ce ~cr the bonus Uenslty0 he ~iJl ~ee~ t~p nu~.ber at(nrdable un,ts, as enumerated above, occu~:e~ tv !o~- the cat,, he receives a "Certificate ot Oc¢,:~ar. cv". The development shaJ] be known a~ RR~t)N [,R~ 2.03 LE~A.L DEECRIPT,IOH The North 300 feet .or the North ]/) ot the North .t/7 Southwest {/4 ct the HortheasL 1/4 Ot Section JO. To~nsh:u 4R South, Range 25 Eas~, Co])~er County. rlor~Ca, lYlno ~e~t o~ th~ Tarda~,~ Trail (Co~ty Roa~ ~:q?) &n~ also t~e South 1/2 ot the t(~rth 2/2 o~ the I(ortheas: 3/4 )¥~ wes~ ot ~¢ U.S. 43 in Se:ticn 10, Tounsh~p 48 South, Rayne 25 East, Collier Co,inLy. Florida. 2.04 TITLE TO .PROPERTy The property Js oune~ ~¥ John D. Jass¥, Trustee. R]th~uch th)~ ~roperty ~s,~n the name ot John O. Js~R¥. Trustee. he holds NO. ~ ,lAN 0 ? 1997 exch fcr the 5:r.u~ cer.~: a~fcrdab:e un:t~, as enumerated above, o:cu~;ec rv '. o~'- ant 7,he' deve!o~en: snail be knn~n 2.02 LEGAL The North 300 ~eet o~ the North ~/~ n~ ~he Nor,n .~;~ c: the South,.est ~,/4 ct the Northe~51 1/4 o: Sect%On lO. To~'n~h;V 4R 10. Township 4e Scuth, Ranqe 25 East, Cell:er County, Flnrtda. 2.04 TITLE TO .P~C'PE~TY The prcr. erty :~ c~'r. ed ~'t John =roDerty ~ 1~ the na-e o~ Jo~n D. []r,;t;~,~ Ocr. rfc: :r. aria-r.-,: a% JAN 0 ? 1997 Tra~] (Old U,S. 41 which is al&o knn~n ms County Ro.d gaS'I), the feet south of the Lee County Line ~hich ~ronts on th. west side of south koundary Of the property. This parcel costa:ns 72.36~ ~cres. to the north of the property is A-P-vacant. to the east acr~s O:¢ uses. t~ the south .is A-;-vacant, ~nd to the ~es~ Is CvDr~ Head FUD-~lanneC ter ?~O s~nole-ta~,ily un%t~ ar,~ %45 ~ltI-~n:ly ,:mits and F~F-~-vacant. ~ p:ocec/'Jres ss outline-, in £ect)cn ]0.~ c: t;,.: Zen:nc f~:c:nan~e. PROJECT DEVELOPMMN'~ a;72%' tc the est:re 2.C2 GE~ERAL PLA:~.QF residential com~,un~ty ~ill be co~:r~$e~ o~ certain a~enltleS such as s~i~m~nC pool, clubhouse, tenni~ cohort (optional), and Preserve areas (prot~ctea wetlands) for pa~$xve recteatior, al 3.03 deveJc~:n~ those ar.as an~ other area~ ~n:c~ ar. e~vlrn~m-Rthll¥ future residents Of the cc~.-un:t¥ ~nC the ;uk~ie ~nterest :n JAN 0 ? 1997 S£CTI Ct( IV L~.ND USE AND RECULATION 4.01 ?URPOSE The purpcse of this section is to set tort?, the land use and regulations for development o! [t;e prope{t7 [gentzf:ed on the master plan. The project plan, including land use, ~s :]!ustrated on [he Development/Master Plan. Included is a sche¢:]e o! the Zntended !an~ use type~ ~ith approximate acreages a~ ma~:mum ~el]ing un,ts ~n~:cate~. Eac~ parcel planne~ for ~e~e~c~en: s?.al! ~e subject to Sect:ch 10.5 of the Zoning The tcta~ acreage of A~ECR LAZE CLUB ~s a~;tcx:rateiy 22.26 acres. The max:m'=~ nurber ot dvelltng :r, its to ~e ~utlt cn tke total acreage is 246. The nu~er o~ ~ue]Iing un~ts per ~ross acre i~ 11. The density on any parcel ~ractions t~rct~hcut the project ~i]l vary according to the type c~ ~ous~n~ e~.plc>'ed on eac~ parcel traction. : TLc a~p!icant has not set "stage~" tot tke feve~c;~ent ct th~ property; however, it is estimated that total ~u~ldout uill tak~ ar. rrc, zJmate]y three year~. Each . pha~e ~111 consi s~lm~;t~ ' approximately ~2 units totallin~ three phases. The estlm, at of course0 chan~e depend~n~ upon future econc~:c tactcrs. The following recreational [acilit~es ate scheduled to b, constructed for the use o~ the residents of A~EOR LAKE CLUB. Th~ schedule for development ot the facilities relates to th, absorption schedule o~ the project' towards bu:ldovt. 1. ClubhOuse with s~i~in~ pool, loun~in~ deck and tennis cour~ (6?tional} (1.01 acres). 2. ' Passive recreational uses of vetlands and tr~nslt:onal area (Preservation 6.48 acres minimum).- Hitigation areas (1.47 acres).'(additional wetlands) Florida Po~er and Liqh, t Easement (2.20 acres). * Subject to recetmt ot necessary .nt'%ror. m.ntal and nthe AR~OR L~E CLUB T¥9 £edroom Apartments A:.reage Sign & Landsca::ng .] ~:-os -~tal 22 3· ~cres 5 .Cf The purpose ot this section is to .~et tort.~ recuta:~ons tcr the -~rea Ue$~qnated or Exhtbxt "D" Deve:c~er, t P:an. Tennis and Pool area locmte~ uith:~ tr.e res:cer, t:al area as sho~n on the Develo=mer. t/Mas:et 5.02 PEM~ITTEb U~== AND STRUCTURES or used, ar '2r,~ cr ~ater used. tr. =r.::e or ~r Dart. tcr cth~r thmn the fo~Ic~':uq: A. Perm:tte~ Pr:ne~al Uses ~r.C ~tr::ctur . C. .... 2. S~ i ~.: r.g Pool 3. Tear.: s Court 4. Water ~ar, aqer. ent )'ac~ltt:es NO. ~ ,]AN 0 'l' 997 o~ other 3. ?e~s cc~rt (cpt;cr.~l) tntenUec t~r recreation. ¢. Ge~A~a~ .~e~u:re~er. ts -. OveraJl la~s¢~:~o.enclcsc~e o! structures, locatton ot access streets bcf!er a~eas. ~:~y (~C} ~eet ~oundary. The a~ea a~c~n~ th;s rec~sat~onal m~ea shall ~'rect cia~e oT [~te-'e~ence. ?n;~t¥ ~ve (35) ~eet above the t~n:sheo ¢=aoe ct the lot. 7Re off-street park~nq ~kJl be as recu:re~ by the ton:ne ~rdcnance o( Col!let County and/or t?.e Pl&nninq ~etv~¢ ):anaqer at the t~me ot $~te Development P)an a~proval. F. Cf~ ' .-S.r_et.Park~r.~ LanCsca~[n~ etd:Dance o~ Collier County. $£c':' I 0:( vi f~ETLA.'(D~.o TKANSITiO: ,L A.~EAS. LAKE AND HITI(I, ATIO:( AR~:A 6.CI F'J F ,=O~E E .C: :re : .ea'-'_.-e ct rte ~rc'ect Ilo building or structure, or part thereof. ~a¥ be erected, altered or used, or land or ~ater used, t~ ~hole or In part. tor other than the to!lo~ng: A. ~ermiL t t4.~.r.in, ci ~.aJ..~.s~} .and. !tr~ctures 1. tint,re trails 2. Paths to provide access from the ,planes throuoh the area 3. Water Hana~ement fac;llt~es 4. othcr tac]lit3es for recreation, conservat:on and preservation vhen approved by Pro3ec: ~evie~ Se:vices. E. p: ..... ~_D ACCESSCP¥ US~S AND 5TRU~TIIR£S Accessory uses and stru:tures customar3lY assoc~ate¢ ~th the use~ per~.itted in th:s d~strict, umcn a~=roval by planninm Ser'.'[ces and Project ~evie~ ierf:ces. , General 1. A~I develc:~.ent l~clu~l~c clearing, ~raa~n~. an~/nr ot~er "ear~N~or~ snail be in accordance ~Ith the co~.~.ltmentS ot th:s document aha ao~rove¢ by Proqect Rev)e~ Serv3ces. 2. Ail structures or ot~er devetcoment shall be sub3ect to rece~pt oi necessary permits and a:;.lica~.le County. State and redet'al Governmenkal 7.01 PqRPOS~ The purpose ot this s~ction is to set forth the reoulat~ons top th, buildings ccncaininq o~e bedroo~ and t~o bedroom apartments and th, i~mediate a~ea upon ~hich the buildings are located. ~ ~a×i'~';~ o! 246 project. un,ts ~ill be cnnstruc:e~ cn t. hi JAN 0 ? 1997 24 d~el!xn~ u~its (a~t~ents) e~ch, ~r ckustered, attache~ buildings. Water ~na~e~ent !me~lit~es. O?en $~aces and relate~ rec~eatzonai tac)l~txes. S=9~ as ~r.~tte~ by ~e Collier ¢0~t¥ $~cn (~e(ere~ce: Ordinance Number t~,e ~;t~al use as ~odels. T~e t, az~r.'J~ ~u~f et ~odel 4. The C..)''~'"'a ........ to ~e t:$eU as rer. ta','-:r,~e-er.t, ot:;ee t~ ~" rh~e: cut "~ I' u~ltS Rt ~.C4 F E G'.' '..."~? 2 C ~; S The cveral] sLte ~lan ce~:c~ ~halI be har~,c~:cn~ ~r. terrS nt streets ant ~ar~tn~ areas nn~ location Rs: treat:~r,t nt ~utter L?~ht~ng FaclJ:t~es L:qht~nq facilities ~tJ] be arranqe~ ~n a manner ~¢n ~:l! ~rote~ roadways and ne!qhbor:nq oro~ert~e~ trc~ d~rect qla:e other ~nterfere~¢e. Three (-?) :'_vln; floors. ~ini'rum Yarn Reg:J!re..-.,entr. (Pro3~.~t) 1. De~th of !rent yarU - Th:thy (30) feet plus one for each tu'o (2) feet o~ buell:nc he~nt ever thirty 13U) t · · t. ~r.t~, C~ side x~r~ - rlT'~n I 15: :~ ~),,'. ~',.' tot eacr. tw~ {~) t~~t e,r ~'~l {.:'l,'l h,.I,:'.{ ,Iv.., ~..~{ v leer JAN 0 7 1997 h'. 3. De~t?, cl rear yard - Thirty (3¢) ~eet ~!u: one (1) rcs each t~c (2) ~eet cf build:n= he:=ht over th:rt.y (30) feet. ~et~een any ~:c (~) pr~R¢l~al sL~uc~ures on the sa-e Ici - :u,m o~ their heights, whichever 1~ the creater. Fs:~c:~al use structure, ~here :de,tiPpee :n Section 7.63 sha'l ~e a~ fcll~: I. One tedrc:~ units ~hal! ~.ave a r':n:-:~ rices area z~are /eat an~ a ~ax:~,~ flccr are~ ot ~ scuare ~eet. T~ bedrc~ units shall have a ~ln:~;m l]oor area ~quare feet an~ a ~axi=u~ iici: area c: ~ scuare feet. ¢;f-,'t.se-t Park:.zg I. Cne be=sc:,= unit: shall have l.b z:aces per un:t. O:~-Street .~rk:~g Land~capi~ Ordinance of Cc!lies County In artec! a'. the tire C~ De'.'ei~?ment Plan approval. 5uf~er Asea cf the Zoninq Ordlr, ance in eftect at the tlme n~ $1t.e DeveJcc~ent Plan approval . The butt-r Shall ~nc~rDnrate e×i~tlnc vegetation. )~;r,;m'Jj, Lot Are~ Requirement Five (51 Acres. }/.ini~um.~ct W.idth buildlnq line setback. MiD/mUm Yarc R~gul.r.e~en%s (Let) (N~te: A Jot side /rontln~ on a dr~ve~ay nnal! De a~ a front yard and the front ¥~rd ~epth ~hall be 1. De:th o~ front yard - Thirty I,%C} tee: olun nne { [I too' ~0. ~ JAN 0 7 1997 2. Depth of side yard - Fifteen (l~) feet plus one (1} toot for each two (2) feet of buildin9 he,cbt over thirty (30) feet. 3. Depth of rear yard * Thirty I~0) ~eet plus one Il) toot for each two (2) feet o! buildxnq heiqht over thirty (30} feet. SECTION sec~!cn is ~o se~ torth A. The ~UD ~evelo?men:/~aster ~lan ]]lus:rate~ n develop'rent re;ui{e~en~s and bes~ utili':e ~Ne e~isti~o natural resc~rces. C. All necessary easements, Oe~icatlons o: nther D. Minor desi;n chan~es tn the PUD Development/Master Plan which are in the s~irit et this d~e~m,nt ar- p-rmlt?,~ ~ubi,ct to scant revieu and a~:roval. Start shall review any ornoosed the 9eneral intent et thai ~as~er Plan. colgate,tasty surrcu~dino uses. Ind ~!in~a~¢e et the or~serv&tlm~ ~reas. areas. Stqnaoe to be Ceterm:ne~ ns oart o! final approval ~rocess. F. Any lake excavation ~ha!} be Cone :~ ~ul] ~Dl~nn~e Ordinance [;umber 8~-26 end South Florida Water l0 be carefu]]y m~rked and orote0t~d dur:n~ c~n~tru~t%nn un)n~ tnt areas or p]ant~. A. Watar.)Dd serve t~e ;rctect are to be Ues~cnec, constr~:ctec. ccnveTT~, c~nez and ~m:=ta:ne~ ~ a:cc~cance ~:tn a~l:ca: e Ccutty ru:es and A:~ c'::tc-ers co,neet:nc to the ~ater ~lstr:but~cn and se~ace col;eot:ch !a:~::t~es ts ~e cc~structeC ~:) be ct;~tc-~r~ cf r~.. C~;:nty an: ~: 1! bp b) ll*d by t~e C~':nt7 :n a-ccrd~nce ~t~ tr.T County's e~tabl:$he¢ rate~. and/or se~er Aerv:ce to the ~r~lect. the water and/or estabJished to sTrve the ~rolTct utt~l the CountY's ctt- ~lte water and/or sewer ~ac:l~t:es ~re ava:Jnb)e to ~erve the Prelect. <:nmosaJ faciJ2t~e$ adecuaLe to meet all requirements et t~e a~mro~riate reaulatory ac,n¢le:. An a~reement shall be enteced into between the County and the recard~n~ a~¥ :nterlm treatment tac)lxttea to be ut~J)zed. The a~reTment mu~t be ~T¢~Jy Suf[~c~ent to the County. prior ~o the a~rev~l et construct:ch documents :or the ~roject anc be ~n contnrmance ~th the recu:rements et Collier County etd:hartco Number E5-76. JAN 0 ? 1997 JJ ............... ~: -'=-i ....... If ...... II I1~1- 4. ]! a~ i~ter~m os-s~e ~ater s~p~!y, treat~.e~t transmission facility is ut~izeJ to serve the prolect. it must ~e properly sized to supply averaqe r~ak domestic demand, in addition to fire flow de.,and at a rate a~p:cved by the a~prcprlate 'F~re Control D~str~ct scrv!cin~ the ~ro5ect area. 5. The a;;!ican: ~Sall exlend t~e icrce ~aln aha water presently ter~:nated at Land~ark £~tates HoS:ie Pa:k, u; to t~e pro~ect w~th~ Otc 41 r~oht-c!-~a¥. T~.e size a~d !ocmticn shall be c,:~rd:nated ~lth th~ Ut;i~ttes D:',':~:cn. The Cevelc;er s~n~) cocrd:~ate P:c3ect. · ~ ~-'-~ ...... ~!FFC~.:. c:::e:t:cn cer',':ce tc e' ; are~r c: the E.fE Ft£ZF.£;.T~Cf;A.~.FRCiLiT:E$ The ~lure trails, pJcn:c area, clubhouse, su':~-:r.~ ~ec: n,~ A. The Ce'.'el~er ~? at the ~a~n ~ro~ect entrance. The C~veloper shall prcv~c~ ~rte~:al I~v*i '°rP*? llCr.~l~ costs ska:] be b:rne ~¥ the ~ro~ct . C. The de%'e:¢~er ~hal! be cbllqate~ to a ~alr-$hare :ayment ;reject :5 :nitrated by Collier ¢~ur, tv. D. The ~a~ ]~;,act Fee sqaJ: be as set tc-t~ ~n Crc:~ar. ce Number E5-55, c: ax ~t ~a~' be a-anted, an: :~:I ~e cn:d at tko Ecard cf County Co-~:sslcr, er:. :srt:eJ. - JAN 0 7 1997 F. All traffic control devices %;~.ed. ex:l;,c:xnc street, name .~ia.-..'.. De [;~a ~s required by Cha=~er 'JZ6.0T4'I, Florida Statues. G. In cons:ce~ation o~ ~:na ~m~e~entation of H~nn~emer, t Re~ulat~cns ~nd the po~er, L;mI o[ adjacent rood~l's not con[orm:n~ to appropriate serv2ce level stan~rdr. ~he rate o[ zncre~se o~ .traffic volumes versus .~ched~IeC/ [u~ed road~ay capacity i~'Trove~ents, t~e applicant ~ho~d be ~d'.'ised th~ future land develc~-.ent act. ivories ~n the ~rea =.~y be sub3ect to [~ture }~nd use ccn~rol consistent ~'~t~, the aSsve reCu[~t%ons. 5ect:c~ ~.ll o~ the ~mni::~ Ord;~ance, A F~t:tioner ~hall ccr. p'y ~ Ordinance .,u..-er k>' Ord:r. ance Numker ~9-57 (Use c~ 14ative L~.r',f~capinc), Tree Removal Permit}. D. Petitioner snail be st:b~ect to the Collier ('hunt y Comprehensive Plan. Conserva%[on an~ Coas%al Mana~emen[ E~er, ent, Policy 12.1,3 (discovery o: an archaeolo=~caJ or k~ztor:cal s:te, artifacL or other inc~cator E. Pr;or tc t~,e i:na] construction ~}ana ant D}a~ and/or r%na: Site 5eveIcDmen% Plan approval. ~e%~tiOner skall submit to Proj~c~ ~cv: ~. Serv: cer, documen~at ~ on nt all necessary local , state and [ederaJ permits. F. In ire event prote:ted species ne&ts or hurrow~ enccun%ered durin~ develo~m.nt activities, the Cotl~er County NO...~ JAN 0 ? k g7 ~F, I and ~hose sighted ~u~:n~ ~ev¢~o~me~t a¢~t~e~ Ye ;rotecte~ ~cn ~nlury or re:ocate~ on sure, mre~era~;e aa the tranr~)ant~nq locations she)] ~e ~r.t~t~e~ cn the S'te Clear~ng Plans, ' Ail co=se~vat~c=/p~eservat:on areas s~aJJ ~e Cep~ctec or, the tuna] recorded plat by survey and cod:cat*d ~llh ~ro~e¢~lve ccr. ve~ts to ~a:nta~n the area(s) ~n their natural development sta~e. reta:x at |east a 15.~oot natu~al!y vecetated bu~ter frcm the e~ue o~ tke ue~Jar, d' 'tn ~!} D:acer., A!or.~ ~''"'~0~~ ' ~t a .... c~ ~:te ~e'.'elo~e~t Plan a~rova! . Cc'~n~n~or, ~,rcpm~al~ ~r·~i; ~o·o':de reascnab~e assurance tn~t ~e~curce l~¢ts a~e~ ( !o~tlO~ And S%~e), v~e~f)cn ~ro~n~e~ r~ be veg~tatLon re.cra|, ~o~torlnc anl ma:nte~ance ~lan. e~tab|l~h~ent ct habitat va|ua. Ve~et~t:on retalnec ar.~ construct~cn. -,- ,. all D~ n~:~-:?te~ tr rrn]~rr re.,., r.~. ,,~ .... ~. . , ,i ~ z.. B. Design and construction o! al! ~m=rove~ents shall be subiect to compliance ~ith the a~rcpriate ~rov~s~ons et the Col~zer Count7 Subdivision C. I~ aPPlicable, an £xcavat:cn Permit v'zll be required !or the P~c~o~e~ ]a~e(~) ~n acco:dance w:th Col]~er County Nu~er 88-26 and SF~;MD ru~es. P)attir. q is required ~n accordance ~ith Collier County -u-~.v:sion ~equlations, i~ any lc!s, tracts or parcels ~re to feso]d. ' E. ~crk ~:th:n Co~]~er Ccu~t? r:cht-o!-~ay rhall meet t~e ~r,~s~,at;cn~l o~!y. Lc:at:c~ ar.~ nu~,re: ts su~ect to E. ?h:s ~eject is approved tcr rezcn;r,g Purposes only. S::~!v:~¢~ Master Plan a~d/cr SDP Shall be ~u~:tted I. In accordance ~:th the ~u!es o~ the South Flcr~d~ Water M~na~erent D.-.rict, (SFWMD) ChaF. ters ¢0£4 nnd 4o£-¢0. th:s s. A copy o~ S~NM~ Perm:t or Earl). Wor~ Permit ]s requ)red Print tc construction plan approval. K. Prior to ~na~ con~truct3on olan nPprnv.ll. documentation ~rom F!or~da Po~er A L~cht alJnw~no this m~o)ec; [o utilize the'~:tch u:thin their ear.men: ns the ~roiect cutfal[. L. Pur=u~nt to SFWMD ru)es, ~'rc',':~e a O.~ ~nch ot ~r¥ Pre- M. Prlcr to S~te DevelcDmen~ Plan a~rcva;, the Petitioner shat] provide the County u~th a letter trc-, FIcr~da Po~er a~d autkcr[=:n~ the Petit:oner to construct a Cr)v.wa¥(~I thrn.jcn the Ficr:da Pc~er and L:qkt Ease~ent. ~.1~ FI?E P~OTECTION tnt t~;s JAN 07 1997 8.13 AFFOR.S, A8L£ ROUSING ;~.GR£EMEHT The Arbor Lake CJub project shall ~e o~erate~ ~n accorcance with the term~ of an executed Affordable Hou~[n~ between the project owner an: the Collier County County Cc~,:ssioners. The ~ftorUable Hous~nq Aqreement attache~ as Attachment "2" a~ is {urther known as "A~reement Authcri=i~g AfforEable ~c~=:~g Density ~o~us And Covenants And £estrict:on~ On Peal Property. 8.14 COMmENCEMENT.CF COHSTEUC.T!ON A. Ccnstruct<~n of th~$ pro~c~ ~nall be~r. w~th~n five years o~ construction o! thi~ prelect ~ce~ ~ot beq~n withtn the Planned Unit ~eveln~.ent (PUD) ?cnir,~ tnt fcr AGEN E . AM, N JAN 0 ? 1997 STAT~-MENT ~F UN~F]£D CONTROL RE: 22.3606 ACREs OLD U.S, 41 The above referenced property %ha~. ! purchased to develop tot affordable housing was acquired per$on3]]y in two ~epatate marcels: 17 ~]us cr STATE CF FLOEIDA CGU:;T~.' OF LEE 5efore me per~onai!y appeared John Ja$$y to me will known and known to me to be the permcn de:cr~be~ in mad who executed the -- W~T:~ESS.~7~ hand and otticia'~ sea~ thi~;' '...%~t, ~ ' day Ot Hay, 1990. _. .... . At:achy, eh% "]" JAN 0 7 1997 P,. ~ AgP, E~,Z:;? A'~TH~;:.iZiUg AFFO~iDABLE HC'JST1;G DET:SITY DST:US A2:D I.~'.PDSiI:C~ CG','E:;;CTTS A~:D RESTRIC?iO::$ C:; KL~:L PROPERTY THIS AGREe; 'Z::T is made as of the ,1-5~-~r"' da':' cf ~o~,w , 1990, ~':' and between John Oassy, Trustee (~r.e / "De';e!c~er") and the Ccilier Count}' Board of County Cor~.issic. ners (the "Ccr~.issicn") . ~.ECiTAL~: k. The Le'.'elc~cr ~s thc c','n~r c~ cer%aln unir~roved rea! ~rc?crty mcre parCiculariy deacrihed in Z:.:nibit A attached heret~ am5 made a part hereof (t~.e "Property"] and it is the 2e'.'elcTer's in~ent to ccm~truut a raximun cf 2~6 residential units (the "Units") on the FrcTerty. B. !n order tD construct the Units, the Developer mumt cbtaln a density bonus frcn Colli(.r County (the "County") for the Pro,arty as provided for in the Collier Count)' Zoning Crdinanc(, SectiDn 7.27, f. (6) which density bonus can only be granted by the count)' in ~ccordance witl~ the strict li~.ita%ions of s~id ordinance, C. Thc County is willing %o grant a density bonus to the Developer authorizing the ccns~ruction cf 246 units, if the Deve!cper will rent 20% of the units to far. ilie~ with in=cr, es between 51% an~ S0% cf the Median Inccne (as de%ermine! ~y the U.S. Department cf Housing amd Urban De'.'eloprent) and 20% of the units to families with incomes bet'ween 81% and 120% of the Median Income (as determined by tho U.S. Department of Housing an~ Uriah Development) at rents not to exceed 30% of the families' income pursuant to tho terns, covenants, and conditions contained hereiz. ];C%~, THEPETSRE, in conaideration of the a~prcva! and granting of the density bonus cf 8 units ~,er acre requested b:' the Developer and the benefits conferred thereby cn the Prcper~y, and for other good and valuable consideration, the recoil% and suffici~tc}, cf ~hich are beret}' acknowledged, the Developer anf the Co,mission hereby covenant and agree as fcllc~'s: 1. Recitals. ~he atcvo recitals are trde .nd ccrrec~ and are inccr~ratel herein ky reference. ~. Developer Agreezont~. 7~o bo'?eloper herek, y agrees that it shall rent 2C% of the Units to familie£, uhose "Annual income", as defined in 24 C?~ Fart e12.1~6 is between 51% an~ $0% cf ~he Median Incore az determined by the U.S. De~artr.ent of }{~u~ing ami Urkan De'.'elc~ent, an~ shall.rent 20% of ~he Units t= families whose Annual income is between 81% and 120% of the Median Income as determined by the U.S. Department of Housing and Urban Deve!o~nent (the "Affordable Unit") in accordance with the terms and conditions of this Agreement and the After Lake Planned Unit Development document. All other Units or. the Property which are not an Affordat!e Unit ("Market-Rate Units") shall be e):empt frcn the provisions of this Agreement and ma}, be lea~e~ or renter ky the Developer on terrm anJ c~nCitions acceptable to the ~eveicper in its sole discretion. AG £ N,,~,~ IT~I~ I~ NO. ~ JAN 0 7 1997 a. The following Frc'~isions shall te applicatle tc the Affordable Unit: (i) The ~nonthty rent for the Affordable (which shall include any permitted protctypical adjustment) no~ exceed 3C% of the family monthly adjusted income. A~uste~ income is defined in 24 CF~, part (ii) For the ~arpcse cf this A~reer. on%, the red~an ir.~re cf the area as defined ~)' H~ shall ~e tr.e then c2rrent Area, established per!cd!cally ky HU2 and putlished in the Federal inccre/affcrdahle Kent Tat!e attached h~reto as Exhlhlt B ~hich E>:hikit ~ha!i be adjusted frcn tine tc tire in ecc~rdanle ~ith any adjustments that are authorized by HUD or any successor agency. In the event that HUD ceases to publish an established r.edian as aforesaid, the parties hereto shall mutually agree tc reascnab!e and comparable method of computing adjustments in median inccre. (iii) The Affordable Units shall not be rented to a tenant ~hcse inccr, e has not seen certifiel in acccrdance '~ the inzsre criteria set forth 'in this Agreement. certification shall te ~erfcrned by the Devcicper and is sukject to revie~ and monitoring by the Collier County Housing and Urban Improvement Department at an}' time. 7he Developer shall also report annually the total number of Units rented, the number cf Affordable Units rented amd the percentage of Affordable Units ,JAN 0 ? 1997 p~. rented durin~ the year. Tenant certification shall be re~eate~ annually to assure continued eli;i~ility. (iv) I:o Affordzkle unit in &ny'building cr s%ruclure om the Property shall he occupie~ by t~.e De','elcper or gr, y ~erscn related to cr affiliated %'lth the Oe'.'elcp~r and as a r(~i~ent manager or maintenance personnel. the Zc'.'e!c~er has ret all required ccn~itlcr, z tc qual;f)' fcr a bet, us unit~, For acre, ~r~uan% t& Ser~ic~: 7.2?° f. cf %La ~onln~ Cr~inance cf Collier Ccu~t}', Flor!da, a~i that the ~evei~er may construct {herec~, in the a~grega%e, a r~>:~r, ur, number cf 2&( unit~ on the Prcperty in accrrdance ~ith the Ar~r Lake C!uk ~UD and a~plicak!e Ccl!ier Count}' ordinances. 4. Cc~zi~icn Agreement. 5urln~ the tarn of thi~ Irprovement Department or it successor(s) covenants an~ agrees t: perform all of the following: a. It shall prepare and make availak!e to the Develcper any geneqal ]nformatlcn that it ~ossesses regardln7 inccne limitatlcns and restrictions which are a~flicat~!e to the Affcrdatle Unit. b. It will grepare and a;~rc'.'e on ~ehalf cf the ~e'.'elc~er an imccme certificati:~ fort sc that the Dev.!oLaf can e~tabllsh eligibility cf any ~:tentla! tenant of an Affcrdable Unit. The Dc'.'elcper sh~!l require an)' tenants of Affcrdak!e Unitz JAN 0 ? 1997 _ 996 5 to execute said income certification form. Alternatively, the Developer may require the ?enan% %o e>:eculc ar', affidavit verifying the /Chant's income. 5. Enfcrcenent. a. Developer e>:press!y agrees a~d declares that the Commission or an}' public agency succeeding to jurisdiction over the Prcperty and/~r this A;reement, snail be the proper party and shall have ctandi::g tc initiate amd 7ursue ~ny a::~ all action cr Frccee/in{s, at law er in e~uity, t~ enforce tf.e F. rc'.'is!6r.$ hereof an~/cr to tee:vet d~rkgas fer an}' default hereunder, from. such ~efault may ka'.'e actuzily keen suffered by some other Ferscn cr the public at large. b. Re~e~ies. ~he par%les hereto agree that in the event cf a default hereu~fer, either party shall have the right to krin? an actium ag~inmt the dcfaui%ing 9arty for s~ecific perfc~-r~amce, in addition, the Commission shall have the right %o seek an injunction to prchlbit the Developer from continuing any breach cf the terms ccntained hereln. 6% Attorneys' Fees. In the event that the Commission ~re';ai!s in a court action against Develc[er t: compel De'.'e!cper's performance of its duties under this Agreement, the County shall ke entitle~ tc recover from De'.'elo~.er reascnakle attorneys' fees to be fixe~ by the court. 7. Assigr~ont by Cc--i~ion. The C~rmissicn may assign ali or Fart cf its obligations under this Agreement to an}' other JAN 0 7 t997 qualified putlic agency having jurisdiction over the Property provided that it gi','e~ the Developer thirty (30) d~.~ written notice thereof. The Developer may assign ~11 cr part cf its obligations %nder this Agreement to an}' successor in interest to the Property. ~. Sovora~ility. In the event that any term, or condition of this ;..~reer. ent is held to be invalid or unenforceable, then the re~ainir, q portions cf this Agreer. ent shall remain in full force amc effect. 9. ::otices. Any nctlces desired or re~:ireC to be civen., unier "u~-~..~ A~recr~en~ ska!' be in ~'ritln~ and shall eisner be personally delivered or sh~ll be ment ky nail, postage prerald, to the parties at the fo!lo~'ing addresses: To thc Ccr~.isnlc. n: To the Develo?er: with a copy to: D¢?artment 281 SouZh Airport t:aLles, Flor!da John Jas~y 12734 Kenwood Lane, S.W. Suite 69 Fort Myers, Florida 33907 Cur~ings & Lockwood 30CI Tamiami Trail ~:ap!es, Florida 33540 An~' ?nrty raj' change the adirez~ to %'hich notices are to be sent hy notifying the other party cf suck new address in the manner set forth above. 10. Director of Collier County Hcusin~ and Ur~cn iz~rc':ezent. The parties hereto acknowledge that the Director cf Collier Cc,~nty Hcus~n~ an~ Urban improver, est or his/her designee 1997 II mt. all have the authority 7 to r,¢n.; tot a,nJ enforce Develcper'~ The Developer agrees to lnde ..... f and hold the Collier County Board of County Ccr=issicners, from anC against all claims, losses, damages, costs, and whether direct or indirect, arising in an)' wa)' from the negligence cf De'.'elcper ir. perfcrnln7 cr faillr.] to 7erfcrm its c, bli~nticr, s un/er this A~rc. erent. 22. Covezant~, Etc. ?he De'.'ei:~er a~rees that all of its cklf.~aticns hereunder shall ccmstitute cc'.'enants, and csnSlti'cns ~'hich sh~!! run with the lanJ ar.d shall he hlnfing u[.sn the pr:perry and against every ~erscr. %hen h~virq an interest in the Property until thls Agreeren% is terr. ir. aLed in 5'n:'.i/ Ze'.'clco~r trane' - cr ccr. ve':' %he ~r&~er%?' %c ar, other cr entity, Dove!oDer shall hs'.'e no further c~iigaticn~ hcreur, i~r and any person seeking tc enfcrce the terns hereof shall look solely tc Deveicper's suzcesscr in interest for the Ferfor~ance cf said oblige%ions. 13. Keccrding. The parties hereto agree that this Agreerent shall be re:crded in the Cierk'~ cfr!ce of C~!!i¢.r Cc=nty, Ficri~, ~ulsequent to the rez~r~atlcn cf the dee~ to which thc £evelc~er enquires fee title to the Property. 14. Entir~ Agreement. The ~artie$ hereto agree that this A~reement constitutes the entire Agreerent between the JAN 0 7 1997 No. heirs, successors, an~ assigns. the earlier to occur ¢,f: (4) that date which is fifteen (15) years from the issuance cf a certificate of occupan:y for thc ~rc]e~t cr phase of develop'me,t, cr (bl the date upon which ~oth parties agree in writin~ to terminate this A~recment. it nsf its a~ents shall dJscrlrlnate aTalnzt ar.~' terant or ~:te~tla! {anent heca~¢ cf ~aid ~ers~ns' race, eclat, religlcn, ~e>:, national crlgln, fariiial status, or ~.and!cap. i~. Governing L~. This A~rear. ent ~.~.all ~e coverned by and ccnrtr'2ed in acczrdance with the la~s cf th~ Slate cf Florida. 19. Further A~surazce~. The ~ar~:e$ hereto shall e>:ecute and deliver, in recordable farm if necessary, an}' and all docunents, certificates, /.nstrurents, End agreer, ents ~hich may be reasonably require~ in order to effeatuate the intent of this Agreement. Such docu~e:~ts shall.include but net be limited to any docurent reque[te! by the Dev¢lope? to e>~hlblt that this Agreement above. 20. Subsequent La~s. 'ihe ~artie~ agree that their cf er,)' [ubneqt:ently er.a~te/ affordakle hcus~n~ crglnance cf £cllier JAN 0 ? 1997 ~ .... ~ ~" the herein an:~ the County. R~ther, the D~'.'e!oper 'is ....... j ~erns co..,a, .e,~ ir. Arbar Lake Plar. ne~ Unit De'.'elcpm~nt pro','i s icns .... ' the dcczrent. I:: UITI:ESS ~Q{EREOF, the parties hereto have cause~ tkis ;.~recr, er.t to be executed as of the ~ay and year first above %'tit%eh. .A~ \ .... A?prc','ed as to form and le]a! sufficiency: Kenneth' B. Cu','le-~ Ccllier County Attorney STATE OF FLCF. i~A C2~;TY OF COLLIER i hereby c,:::]f7 that cn this da}', kefore r,e, an officer duly authcrize~ in %he state aforesaid and in the county aforesaid to take ac~lrc'-'ied~re:'.t$. ~er~crail)' a~ea:ed ;'ex A. Masse, Jr. an JAN 0 ? Lq97 lO Chairr. an of the Collier County ~¢ard cf Count}' Cor~,issicr, ers. WIT:J£SS r~v ~ ~ and o c..lcial afcresald this ~_.a~ day cf ~.~, 19~0. ~".' Cc~i~sic, n Zxpire~: C3tq:/'f CF C.3LLZF;'. i hcrel5' ccrtifi' that cn this da}', hefcre re, ar, cfficer dul~' authcrized !~ the state aforesaid ~nd in the count}' afcresaid tc take acknz~'!ci__-f~..ents, Ter~nall}. a~F(,ared J:hn Jassy, %tuftee. Wi?~:ESS my hand an~ official seal in the county ar.f ~tate aforesaid this I<'l~ da':' ¢.f kpT.~, 1990. JAN 0 ? 1997 JAN 0 ? '~997 p~. NO, ~ JAN 0 ? 1997 AGENDA rT,~;k~ ,. No....~L JAN 0 ? t997 -I EXECUTIVE SUMMARY TO CONSIDER APPROVAL OF A RESOLUTION GRANTING A REQUEST BY HOLE, MONTES AND ASSOCIATES, INC., TO CLEAR, PLACE FILL MATERIAI, AND TO REVEGETATE ON COMNff, RCIALLY ZONED LAND LOCATED AT THE NORTHEAST CORNER OF U.S. 41 NORTH AND VANDERBILT BEACH ROAD, CONSISTING OF APPROXIMATELY 1.5 ACRES. OBJECTIVE: To obtain Board of County Commission approval to clear, place fill material and to revegetat~ within jurisdictional wetlands portion of the proT, erty prior to issuance of an approved Site Development Plan or Building Perrait. CONSFDERA'IqONS: The subject property is located at the northeast comer of U.S. 41 North and Vanderbilt Beach Road. The site, zoned commercial, is currently undeveloped. The owner, Doane-Kempfer Joint Venture, has ob:ained a Department of Environmental Protection Permit which expires on August 5, 1997 and a U.S. Army Corps of Engineer (USACOE) nationwide permit that is scheduled to be modified, reissued, or revoked prior to January 22, 1997. Staff has visited the site and concurs with the limits of the juri, sdictional wetlands and the permit requirements of the Florida Department of Environmental Regulation OFDEP) and USACOE The owner is requesting approval to clear, fill and revegetate the 1.5 acres of jurisdictional wetlands prior to Site Development plan approval in order to complete this work prior to the scheduled rehearing of the FDEP and USACOE permits. The owner has committed to create a remedial water management system on site, provide a water monitoring program and provide 20 acres of off-site mitigation. In prior requests for site clearing and filling, the Board of County Commissioners have concurred with staffs recommendation to require the property owner post an irrevocable letter of credit lo insure that the fill material is graded, stabilized, revegetated and maintained according to the approved plan. The owner has agreed to post a letter of credit in the amount of $14,760.00 to insure that the site improvements are completed and maintained. Staff is also recommending that the property owner supplement existing vegetation by installing native canopy trees on 30' centers along the Vanderbilt Beach Road property boundary. It is staffs recommendation that the property owner be given 60 days from the execution of the Resolution in which to complete the site work. FISCAL IMPACT: This project will result in revenue of $85.00 which account for permit review fees. JAN 0 7 ]997 P~' / GROWTFI MANAGEMENT IMPACT: None PLANNING CG,MMISS1ON RECOMMENDATION: That the Board o~?County Commissioners consider approval &the attached Resolution granting Doane- Kompfer Joint V~nture to clear and place fill material on the subject projec! prior to the issuance of building or developmen! plan approval. PREPARED BY THOMAS E. KIJCK, P.E. ENGINEERING REVIEW MANAGER REVIEWED BY: ' /~ ~. DONALD W. ARNOLD, AICP DATE DATE SERVICES DE. P4VRTMENT DIRECTOR VINCENT A. CAUTERO, ADMINISTRATOR DATE COMMUNITY DEV. AND ENVIRONMENTAL SVCS. US 41 EX SUM]~AJ~,Y/md AGENDA,iTEM No. ~ :..lAN 0 ? 1997 P~. ~ &H,_SON · ~LL£R · B^~,TON & PEEK., INC. I I 0 U ~J 0 0 .-4 .::"RO]'-_C'T: NCN5 / HI~.,O.,-,Y ['~OAD CuMM;_.'x,~,-,L SiTE A-::~?, ~-[C.~-~,'T: D©,~,.NE--_,,,~-'=::2, JOINT VE;;Tt,'RE COLLIER JL..A t SHE:-T / OF ' ~oo "'/'/ ~ ~ ,,'z/ j ','7;" ,, nj~/~£NGINEE~ 5- PLANN-R$- SURVEYORS FILL & DRAINAGE PL DOANE/KEMPER PROPERTY HOLE. MONTEF, & ASSOCIATES. INC. Novemb:r 21. 1996 Mr. Tom Kuck. P.E. Project Plan Review Manager Collier Count.',' Project Plan Review 2800 North Horseshoe Drive Naples. Florida 34104 Re: Request to Clear and Add Fill D,ane/Kempfer ProperD.' H.'dA File No. 96.71 Dear Mr. Arnold: On behalf of the property owner. James E. Doane. Jr. of Doane-Kempfer Joint Ventures. ~e are requesting permission to fill and clear the abo,.'e referenced proper%'. This site consists of approximately 2.77 acres and is located in Section 34. Township 4g South. Range 25 East. Naples. Colli'er Count'.'. more specifically east of the northeast comer of L'S 41 and Vanderbih Beach Road. The proeerr,' owner proposes to remove all the vegetation within the jurisdictional ,.`.'etland (1.50 = acres) anal then fill. The retention area, as shov,'n on the attached drawing. ,,,,'ill not be disturbed as required in the DEP and COE permits. The disturbed areas ,.,,'ill be seeded and sloped to prevent soil erosion. Non-jurisdictional areas ,.,.'ill be left vegetated. The retention area and a temporas?' swale along the southern area to be filled `.,,'ill hold the runoff fr"m the filled site. The swale will be connected to the retention area. The runoff will be retained on site. The owner has a Joint Permit from DEP and COE to fill the site. These permits expire Au=ust 5. 1997 (DEP) and January 22, 1997 (COE). All ~he COE Nationwide permits expire on ~_~ccember 31, 1996. as per ~elephone con`.'ersations with COE staff. At this time. the ov,'ner does not have immediate plans to develop his proper'D' and would like to request the Collier County Board of Commissioners to allow him to fill the site before the DEP COE permits expire. Enclosed for .':'our review, please find the following information: 1. Four copies of a plan depic:ing the proposed site ,.york. 1996 ~60'1J(:~. lK61121 DO(-' AGEP(.~)~TE M JAN~ Mr. Tom Kuck Collier Coumy Project Plan Reviexv Request to Cl~ar and Add Fill Doane.'Kempfer Property HMA File No. 96.71 November 2 I. 1996 Page 2 .Am Engineer's Opinion of probable construction cost for the 3-year maintenance, the seeding and mulching, and ~ading. A draft construction, maintenance and escrow.~reement. A copy of the DEP and COIE permits along wi'.h monitoring repons for the mitigation. 5. A location map. 6. Legal description, If you have an5' questions regarding this petition, please do note hesitate to contac~ me. Vet?' truly ].'ours. HOLE..XlONTES AND .-\SSOCI.-\TES. INC. Jul.,.' C. Adarmes. P.E. Project Manager Enclosures CC: James E. Doane. Jr./with attachments George Hermanson. P.E. JCA:pam' '.A' Igg6g,b6?IJC..\TKe, I121 DOC JAN 0 ? 1997 r / / / / ;-r,n TZO,,,J ~ OFF SITE MITIGATION PLAN_ -$~t~L£ J"--400' TWP. ~ ~. ~'~E ~4 £. NOTE: FC)R PERMIT USE ONLY, NOT FOR CONSTRUCTION USE. "'~PP ROJ ECT: DOANE-KEMPFER JOINT VENTURE DATE: J REVISION: J SHEET: 7-21-92 2 OF 2 TURRELL A ASSOCIATES, MARINE &:: ENVIRONMENT,~ 3584. EXCHANGE AVEN NAPLES, FLORIDA (81,5) 64.3-0166 FAX NO. I / RESOLUTION 97-__ A R~$OLUTION ~Y THE BOARD OF COUNTY COKMI$$IOF~R$ RELATING TO A REQUEST BY MOL~, · ~ONTES & ASSOCIATES, INC. CONSULTAntS ON B E]{ALF OF DOANE-KEKPFER JOINT VFi~TU~ES TO PLACE FILL MATERIAL ON PROPERTY }{EREAFT£R DF~CRIBED IN COLLIER COUNTY, FLORIDA. WHERF-AS, the Legislature of the State of Florida in Chapter 125, Florida Statutes, has conferred on all counties in Florida the power to establizh, coordinate and enforce zoning and such busineIs 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 as amended) which restricts specific site work such as grading and filling lots until such time that applicable building permits have been issued; and WMEREAS, the Board of Commissioners has acknowledged that a building permit for site construction has not been issued to Doane- Kempfer Joint Ventures; and WHEREAS, Doane-Kempfer Joint Ventures requested to remove all vegetation within the Jurisdictional wetlands, fill and revegetate in an effort to complete the work prior to the scheduled rehearing of the DEP permit on August 5, 1997 and the CORPS permit on Januar~ 22, 1997; and ~EREAS, the Board of County Commissioners acknowledged that Doane-Kempfer Joint Ventures has received proper work authorization from other the Department of Environmental Protection and U.S. Corps of Engineer; and has provided acceptable monitoring reports and mitigation plan, NOW, THEREFORE BE IT RESOLVED, BY THE BOARD OF COUNTY COKMISSIONERS of Collier County, Florida that: The written request of Hole, Montes and Associates, Inc. on behalf of Doane-Kempfer Joint Ventures to clear and fill portions of the property legally described as: (See Attachment "A") is hereby approved subject to thc following conditions: 1. The permittee shall post a bond or an irrevocable letter of credit in the amount of $14,760.00 to nsure that the final grading and re-vegetation of the Land Development Code. The filling of this property and the subsequent seeding and landscaping buffar shall be completsd within thres (3) months of execution of this rssolution. A County vegetation removal psrmit shall be issued prior to removal of exotic vegstation from the property. No construction of any building or structure shall be performed without s building permit pursuant to Section 2.7.6 of the Collier County Land Development Code. BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this Board. Commissioner offered the foregoing Resolution and moved for its adoption, seconded by Commissioner and upon roll ca l~l, the vote was: AYES: NAYS: ABSENT AND NOT VOTING: ABSTENTION: Done this - ATTEST: DWIGHT E. BROCK, CLE]:U< APPROVED AS TO FORM AND -. L EG.~L SUFFICIENCY: MA-RJORIE M. STUDENT ASSISTANT COUNTY ATTORNEY day of , 1997. BOARD OF ZONING APPEALS COLLIER COUNTY, FLOR/DA BY: JOH~ C. NORRIS, CMAIRM~N US 41 P. ESOLUTION/md AG E N D_4 JI£M 7 1997 RESOLUTION 97- W~E~L~AS, the Legislature of the State of Florida in Chapter 125, Florida Statutes, has conferred on &ll counties i~ Florida the power to establish, coordinate and enforce zoning end such business regulations as are necessary for the protection of the public; and W~EREA$, the County pursuant thereto has adopted a Land Development C~e (Ordinance No. 91-102 as amended) which restricts specifi~ site work such as ~ading and filling lots until such time that applicable building pe~its have ~en issued; and ~S, ~e Board of Co~issioners has acknowledged that a building ~it for site construction has not ~en issued to Doane- Kempfer Joint Ventures; and ~S, Doane-Kempfer Joint Ventures re~ested to remove all vegetation wi~in the j~isdictional wetlands, fill and revegetate an effort to complete ~e work prior to the scheduled rehearing of the D~ pe~it on Au~st 5, 1997 and the CO~S pe~it on Janua~ 22, 1997; and ~S, ~e Board of County Co~issioners acknowledged that Doane-Kempfer Joint Vent~es has received proper work authorization from other the Department of Envirc~ental Protection and U.S. Corps of Engineer; and has provided acceptable monitoring reports and mitigation plan, NOW, ~FORE BE IT RESOLVED, BY TH~ BO~ OF CO~Y COf~ISSIO~S of Collier County, Florida that: The ~itten re.est of Mole, Montes and A~sociates, Inc. on ~half of Doane-Kempfer Joint Ventures to clear and fill portions of the property legally descried as: {See Attachment "Am) is hereby approved subject to the following conditions: · -- 1. - The pe~ittee ~hall post a ~nd or an irrevocable letter of credit in the ~mount of $14,760.00 to in ading and .-v. .tation of th. County standards consistent with Section 3.5.7.6 of the Land Development code. 2. The filling of this property and the subsequent seeding and landscaping buffer shall be completed within three (3) months of execution.of this re~olution. 3. A County vegetation ~oval per-mit sh&ll be ismued prior to removal of exot~p.~getation from the property. 4. No construction of any building or structure shall be performed without a building permit pursuant to Section 2.7.6 of the Collier County Land Development Code. BE IT FURTHER R~SOLVED that this Resolution be recorded in the minutes of this Board. Commissionmr offered the foregoing Resolution and moved for its adoption, m.conded by Commissioner and upon roll ca l~l, the vote was: AYES: NAYS: ABSENT AND NOT VOTING: ABSTENTION: Done this day of , 1997. ATTEST: DWIGHT E. BROCK, CLERK BOARD OF ZONING APPSkLS COLLIER COUNTY, FLOR/DA APPROVED AS TO FORM AND LEGkL SUFFICIENCY: BY: JOKLN C. NORRIS, MAi~JORIE M. STUDENT ASSISTANT COUNTY ATTORNEY us 41 RESOL[FriON/~d / f t / ',,, ! ..,.OFF SITE MITIGATION .,P.,.LAN "400' TWF :~ ~. ~'G~ ~4 £. NOTE: FOR PERMIT USE ONLY, NOT FOR CONSTRUCTION USE. P/~ROJECT: DOANE-KEMPFEE JOINT VENTUEE DATE: IREVISION: SHEET: 7-21-92 I 2 OF 2 TURRELL ASSOCIATES, WARINE &: ENYIRONMEN1 3584 EXCHANGE NAPI FS, F'LORID~ (813) 64.$-0166 FAX NO. EXECUTIVE SUMMARY STAFF REVIEW AND RECOMMENDATIONS RELATIVE TO ORDINANCE 90-45, AS AMENDED, ALSO KNOWN AS THE BEACHWAY PUD, WI:/ICH, ACCORDING TO THE REQUIRED PUD STATUS REPORT SUBMITTED BY THE PROPERTY OWNER/AGENT, Il'AS NOT COMMENCED CONSTRUCTION, AS DEFINED IN SECTION 2.7.3.4 OF T~tE COLLIER COUNTY LAND DEVELOPMENT CODE, RESULTING 13~' SEVEI~kL POSSIBLE COURSES OF ACTION FOR THE BOARD OF COUNTY COMMISSIONERS TO CONSIDER. OBJECTIVE: Staff is requesting that the Board review staffs findings and recommendations regarding the above referenced PUD. CONSIDERATIONS: This PUD was originally approved on June 5, 1990. 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 Land Development Code, the five year approval period commenced on the adoption date, October 30, 1991. Therefore, the conditions set forth in Section 2~734 are applicable as of'October 30, 1996. The above re['erenced PUD 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 of in-house records to verify the current status of the PUD and as the basis of a recommendation to lhe Board consistent with the options provided in Section 2.7.3.4 (1) & (2). Section 2.7.3 4 reads as follows: 2.7.3.4. Time limits for approved PUD master plans. In the event that a PUD master plan is given approval, and the landowner(s) shall: Fail to obtain approval for improvement plans or a development order for all infrastructure improvements to include utilities, roads and similar improvements required by the approved PUD master plan or other development orders for at least 15 percent of the gross land area ofthe PUD site every five years of the date of approval by the Board of County Commissioners; and JAN 0 ? !997 Fail to receive final local development orders for at least 15 percent of the total number o£ approved dwelling units in the PUD, or in the case of PUDs consisting o£nonresidential uses, 30 percent of the total approved gross leasable floor area within PUD every six years o£ the date of approval by the Board of County Commissioners. The project developer shall submit to the Planning Services Director a status report on the progress of development annually commencing on the fi~h 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 Services Director determine that the development has commenced in earnest, then the land shall retain its existing PUD approval and shall not be subject to additional review and consideration of new development standards or use modification, Should the Planning Ser~'ices Director determine that the development has not commenced in earnest, then upon review and consideration of the report provided by the owner and any supplemental information that may be provided, the Board of County Commissioners shall elect one ofthe following: To extend the current PUD approval for a maximum period of two year:;; at the end of which time, the owner will again submit to the procedure as defined herein~ Require the owner to submit an amended PLrD in which the unimpreved portions of the original PUD shall be consistent with the Growth Management Plan. The existing PUD shall remain in effect until subsequent action by the Board of the submitted amendment of the PUD. If the owner fails to submit an amended PUD within six months of Board action to require such an amended submittal, then the Board may initiate proceedings to rezone the unimproved portions of the original PUD to an appropriate zoning classification consistent with the future land use element of'the Growth Management Plan. JAN 0 ? 11t97 No. In the case of developments of regional impact, time limit restrictions shall be superseded by the phasing plan and/or time limits contained within the application for development approval and approved as part ora development order in conformance with F.S. 1/380.06. SYnopsis of A__pproved Land Uses: This pUrD was approved for 800 mixed residential dwelling units. The PUD contains 104.2 acres consisting of mixed residential/presetwation/open space areas. "Ihe gross density for the PUD is 3.02 dwelling units per acre. The maximum density authorized by the density rating system as it applies to the subject property is four (4) dwelling units per acre. The PUD regulations and master plan are currently designed to establish specific development tracts A., B and C each with specific housing structure types. Development standards for each housing structure type are similar to those allowed in conventional residential districts for each housing structure type. The relationship of this property to tidal waters of the Cocohatchee River requires the conservation of nearly sixty-one (61) acres of land. Together with other open space areas nearly fort5,' (40%) percent of the property is set aside as qualiSying open space. The master plan provides road access to both U.S 41 North and Vanderbih Drive. Consistency with Comprehensive Growth M'anai~ement Plan: The subject PUD is designated Urban-Mixed Use - Urban Residential on the Future Land Use Element of the Based on staff review of the approved land uses, the PUD has been determined to be consistent with the Collier County Growth Management. The PUD is deemed consistent with the following GMP Elements (FLUE, Traffic Circulation Element, Open Space/Natural resource Element, Other): ~onsistenc¥ with the Collier Count3' Land Development Code: The PUD has been distributed to the appropriate jurisdictional review entities specifically for review of the PUD for consistency with current land development regulations. Based on that review, consistency relationships have been identified. Transportation: (Traffic impacts, access management, etc.) No inconsistencies were reported however, staff advises that certain references should to reflect current administrative regulation if the PUD is to be amended. Landscape: (Buffers/Green Space) No inconsistencies reported. The PUD provides that in the absence of specific regulation the provisions of the LDC applies. In this case the provisions of Div. 2.4 Landscaping applies to this PUD. Environmental: (Protected species, green/open spaces) No inconsistencies were reported, however staff advises that in the event of an amendment references to environmental regulations should be changed to current references. The current PUD advises that the then free standing ordinances applied. These have now been consolidated into the LDC, however they still apply to this PUD. Engineering/Site Development: (Sewer/water. drainage issues) No inconsistencies were reported however, staff advises that in the event of an amendment certain development commitments should be changed to reflect current code references Staff Comments: Staff is of the opinion that there is insufficient justification to require an owner to submit an amended PUD simply because tile PUD references codes that are now' consolidated into the Land Development Code, or otherwise have references of administrative import that have been changed in the most recent LDC change. These references are not made invalid because the)' changed or are otherwise placed in a different legislative document. Their closest or most similar relationship to current references applies in the administration of PUD development commitments. More importantly, is whether or not there is any absence of development commitments needed to make the PUD consistent with today's code requirements. Staff review does not indicate that there are any inconsistencies or omissions that are nov,, necessary to achieve' current Land Development Code requirements as made applicable to subsequent required development approvals (i.e. Platting and/or SPD's). The owner entity of the Beachway PUD property has specifically requested a two-year extension. FISCAL ILM PACT: [ AGEND.~.JT[~No. A two year ex-tension of this PUD Ordinance will have no fiscal impact on Collier Count . I JAN071997 .~TAFF RECO]~dMENDATION: I /.4 Based on a comprehensive review of this PU~ document staff, recommends that t~l~.;';ir~L~'''~''~tio ~.'~,~ County Commissioners grant a two year extension of this PUD per the attached resok 4 PRl~D BY I~ RO~l~ F. NL~O, AICP CHIEF PLANNER DATE REVZEWED BY: / / I~OB~.RT J. MULHERE, AICP CURRENT PLANNING M.~NAGER DONALD W. AI~OLD, AICP PLANN~ SER~CES DEPARTMENT DI~CTOR ~CENT A. CAUTERO, ADM~IST~TOR DATE COMMUNI~' DEV. AND EN~RONMENTAL SVCS. DATE DATE Bcachwa.v PUD/EX SUND~4ARYImk JAN 0 ? 1997 .~~996 pg. ~ ~, ~qExICO OF .,~ E X ICO Pg. No COI..I..1ER ENTERPRISES Ixlay 22, 1996 3003, TA,W,~%I TR..aJ'L H,, HAPI rS, FL 33940 / PHOHE 941/20 I. 44550 Plalming Set'vices Manager Collier Count>' Govcrruncnt 2800 North Horseshoe Drive 'Naples, Florida 33942 ~: B eaehw,qy/'PUD ]l;iq i~. it, rc,r, ly Lt', Ran Nino's letter of February 22, 1996 and our subscqucnL mcctlng of May 22, 1996, regarding the de'.'elopmen! slams of lbo Bcaehway/PUD. I'~ ara'or:lance ',v!:k Seclion 2,7.3.4 of'the Collier Courtly Lnnd De',elopmem Code ns ~mcn,qcd, l }-.ere!';,, req,::.I u 1,',,~ (2))'t::,r extension ortho existing Beachwny/Pl.~. The extension is based en !r=nC.~:a.,?.e in ~lqe PL'D lhn! s~ates, all development nc:ivity mus~ be perfomxed in nc¢ord,'mce with ,he ¢'.:rrent Development Codes in effect at the time. This lnngunge provides assurance thal :i:~- I"..'D :~ili .~!',x.xys rcn:ain current rcgardle.qs of when developmcnl acti'.'itics Lake pl.,c=. Yom con_qde: a'Jon i:', granting this extension will be greatly appreciated. Ifaddillonal i':.ro;:nnriOn is p,z:'e~nr}', [ v,511 provide it inm~edialely. I await 5'our Michael .I. Brufl D.'.veloFm:n: N~n];ai:'er cc: Jcff,'cv NJ. Birr, ..olher Enterprises Domi:i!ck Amico, Agnoli, Barber nnd Brundagc P.t~r;.Jld l'. Nir,b S~:,ior Project Plannur, Collier County Government REAL E. ST^TE, ^OR;BUSIME..qS A. 15D Ho. ~ JAN 0 7 1997 RESOLUTION 96- A RESOLUTION BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, PURSUANT TO SECTION 2.7,3.4 OF THE COLLIER COUNTY LAND DEVELOPMENT CODE AFFECTING ORDINANCE 90-45 ALSO KNOWN AS BEACHWAY PUD, EXTENDING THE CURRENT PUD APPROVAL TO NOVEMBER 19, 1998; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Beachway PUD, Ordinance ~0-45 adopted on June 6, 1990, is subject to the provisions of Section 2.7.3.4., of the Land Development Code (LDC), Time Limits for Approve¢ PUD Zoning Districts together with their respective Master Plans; and WHEREAS, -the PUD was adopted consistent w~th and under ~he provisions of the Collier County Growth Management Plan; and WHEREAS, the Board of Count}, Commissioners has reviewed the PUD and has determined to extend the current PUD Zoning for two years, until November 19, 190Of NOW, TIIER£FOR£ BE IT R£SOI,VI:D, by the I~oard of Zoning Appeals of Collier County, Florida that: i. The above recitals are adopted herein by reference as if fully set forth herein. 2. This Resolution shall constitute evidence of compliance with the review requirements of Section 2.7.3.4 of the LDC. end of which t~me thc owner shull submit to the procedures ]n LDC Sect]on 2.7.2.4. This Resolution nh,'~J] becom( effective immediately upon its approval. Ill: l'I' I'IHCI'III:I{ t(I::;C)I.VI'.I) th.~t Iii:: N,':;~,lnt Jun IJo recorded m]l'~uto,J o~' thJl; Iio,~rd .,h,I in I.'lu., i-ocgrd:: u! th(., I'et.Jt]on Jot extenslon i~'- gr,Jnted. .d~lchNeh,~ JAN 0 ? 1997 -I- Commissioner offered the foregoing Resolution and moved for its adoption, seconded by Commissioner , and upon roll call, the vote was: AYES: NAYS: ABSENT AND NOT VOTING: ABSTENTION: Done this ATTEST: DWIGHT E. BROCK, CLERK day of , 1996. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: JOHN C. NORRIS, CHAIR34AN APPROVED AS TO FORM AND LEGAL SUFFICIENCY: ASSISTANT COUNTY A'I"~'OI~NhY BEACHWAY PUD/iS222 -7- JAN 0 7 %997 RESOLUTION 96- A RESOLUTION BY THE BOARD OF COUNTY CO~ISSIONERS OF COLLIER COUNTY, FLORIDA, PURSUA~;T TO SECTION 2.7.3.4 OF THE COLLIER COUNTY LAND DEVELOPMENT CODE AFFECTING ORDINANCE 90-45 ALSO KNOWN AS BEACHWAY PUD, EXTEHDING THE CURRENT PUD APPROVAL TO NOVEMBER 19, 1998; AND PROVIDING AN EFFECTIVE DATE. W~ERF. AS, the Beachway PUD, Ordinance 90-45 adopted on June 1990, is subject to the provisions of Section 2.7.3.4., of the Land Development Code (LDC), Time Limits for Approved PUD Zoning Districts together with their respective Mas%er Plans/ and WHEREAS, the PUD was adopted consistent with and under the provisions of the Collier County Cra.th WHEREAS, the Board of Count)' Commissioners has reviewed the PUD and has determlne~ to ex%end the curremt PUD Zoning for %wa years, until November 19, 1998; and OC NOW, THEREFORE BE IT RESOLVED, by the Board of Zoning Appeals of ollier County, Florida that: l. The above recitals are adopted herein by reference as if fully se% forth here~n. 2. This Resolution sh3il constltute evidence of compliance with the revle%' requirements of Section 2.7.3.4 of the LDC. 3. Pursuant to said section of the LDC, the current PUD approval is here~y extende~ to November 1~, 1998; at the end of ~'h~cn t~me the owner s~all submit to the procedures in LDC Sect:on 2.7.3.4. This Resolution shall Decome effective ~mmeJidtely upon its approval. BE IT FURTHER RESOLVED that this Resolution De recorded in the minutes of %his Board and in the records of t~e Petition for which the -l- 1997 Co~uni~sioner o~Eered ~he ~oregoin9 ~emolution ~nd ~oved ~or it~ mdoptJon, meconded by Commissioner , and upon roll call, the vote was: AYES: NAYS: ABSENT J~ND NOT VOTING: ABSTENTION: Dons this day of , 1996. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: ,]OLIN C. NORRIS, CIIAIRMAN ATTEST: DWIGHT E. BROCK, z~ APPROVED AS TO FORM AND LEGAL SUFFICIENCY: P~ARJC~-IE M. ETUDE!;? ASSISTANT COUNTY ATTORNEY ~EACHWAY PUD/18222 -2- NO. ~ JAN 0 7 1997 ORDINANCE 90- 45 ~ORDINANC£ AMENDING ORDINANCE NUMBER 82-2 THE ~REHENSIV£ ZONING REGULATIONS FOR THE ~, ~-' '_X-""'" ~,~)4._ ~I~G ~:{~ OFFICZAL ZONING AT~S ~ H~ER ~ ~'~ ~e ~ ~00 SINGLE F~ILY/ MULTI-F~ILY UNITS WITH ~ ~HE INTERSZ~ION OF lllTH AVENUE NORTH AND U.S. 4~ ~ IN SE~ION 21, TOWNSHIP 48 SOUTH, ~NGE 25 EAST, CO~I~R CO~TY, FLORIDA, CONSISTING OF 265.281~ ACRES; kND BY PROVIDING AN EFFE~IVE DATE. WI{ERF. AS, Jeff Hunt of Ericksen Communities, representing Radnor Corporation, petitioned the Board of County Commissioners to change the zoning classification of the herein described real property; NOW, THEREFORE BE IT ORDAINED by the Board of County Coi~missioners of Collier County, Florida: SECTION ONE: The Zoning Classification of the herein described real property located in Section 21, Township 48 South, Range 25 last, Collier County, Flor~da,is changed from A-2 to "PUD" Planned Unit Development in accordance with the PUD document attached heret~o as Exhibit which is incorporated herein and by reference made part hereof. Thc ~fficial Zoning Atlas Map Number ,18-25-5, as described in Ordinanc,. Nu:nber 82-2, is hereby amended accordingly. SECTION CWO: This Ordinance shall become effective upon receipt of notice from the Secretary of State that this Ordinance has been filed ~ith the Secretary of State. DATE: June 5, 1990 BOARD OF CObq;TY CO~2~..ISSIONERS .~j' .Ii .';.' .. COLL~b~JTY, FLORIDA ~TTEST: { "' ,J~ss c. ~ss~' c~ . ~ ~.. HASSf, JR., CHA~ :?..~'-?~ORZ~ M.~STUD~NT~>E~.~-Y,'Jl~.~]~?' ~ ~"r .... '". ' ...... ASSISTA~ COUNTY A'~ORN~Y ' - ~:~-~e';~b"o~6zf~x~s ..... ~-.~,~-~:.. -,.. ~w .... :".>L ,.. .... , .-. ~'~F --~ .... ~i .'.,,'.~ '~,, ~,x~ . C , .... , . * , .... - .... · ...... ..,:: lE[t~% .... ~~ ~~~. --~'&~.... '-'~2 , ~.. · ..... ~ ~ ~ ~'' ~ - . - .... --~: .c ....%.- .... ... ~ " ~.... ~.*.2~..~,,:,.-,.~ .... , JAN 0 7 1997 -:' r A PLAi~N£D UNIT D£VELOPMENT RADNOR CORPORATION PREPARED BY: AGNOLI, BARBER AND BRUNDAGE, lNG. 7400 TA~IAMI TRAIL NORTH NAPLES, FLORIDA 33963 JUNE 1990 DATE FILED:.... OctobeT ~7. ~990 DATE REVI6ED~ March 14. 1999 DATE REVIEWED BY CCPC: APril DATE A~PROVED BY BCC: J~ne 5, ORDIN~NCE NUMBER: 90-&~ [-- I TA~L£ OF CONT£NTS Section I Property O~nership and Description Section II Project Section III Single Family Detache~ ~esi~en~ial Development Section IV Single Fa~%]¥ Zero Lo~ Line Residential Dev. Sec%ion v Multi-Family Cluttered Residential Development Section VI Multi-Family Lo~ Rise Residential Development Section VII Multi-Family Mid Rise Residential Development Section viii Recreation Development Section IX Conse~ation Area ~act~on X Development Commitments Table 1 Estimated '~ .... ~ - ~..s..~..C~, Schedule Table 2 Parcel Grcap Exhibit A 8each~ay PUD Mas~er Plan 1 6 10 13 ¢ 17 19 21 35 36 SECTION ! PROPERTY OWNERSHIP AND DESCRIPTION 1.1 PURPOSE The purpose of this Section is to set forth the location and ownership of the property, and %o describe the existing con- ditions of the property proposed to be developed under the project name of Beech-ay. 1.2 LEGAL O£SCRiPTION Beech-ay Land Description A parcel of land lying in Section 21, Township 48 South, Range 25 East, Collie~ County, Florida, said parcel of land being more part]culnr~y dr,~cribed an follown: co~.~encing at the northwest corner of the southwest quarter (aw 1/4) Of said Section 21: thence South 02'13'17" EasL along the westerly line Of said Section 21, said line also being the centerllne of County Road C-901, for a distance of 588.92 feet to an intersection with a line 399.71 feet northerly of, as measured at right angles to and parallel with the southerly line of the North one-half (N 1/2) of South one-.half (S 1/2) of the northwest quarter (NW 1/4) the southwest q~arter (aW 1/4) of said Section 21: thenc~ North 89'57'13" East along said parallel line for a distance of 50.04 feet to an intersection with the easterly right-of-way line of said County Road C-901, said intersection being the Point of Beginning o~ the parcel of land herein being described; thence North 02'13'17" West along said easterly right-of-way line for a distance of 1473.46 feet to an intersection with a line 1752.45 feet southerly of, measured at right angles to and parallel with the northerly line of said Section 21: thence North 89'33'45" East along ,said line for distance of 1588.50 feet to an intersection with southerly line of Bulkhead Line 2 as recorded in ['1~: Book 1, page 16 of the Public Records of Collie- County, Florida: thence South 20 30'21" East along said line for distance of 37.72 feet to a point of curvature: 1. O1-004YO,DOC JAN 0 7 997 thence southerly, southeasterly, easterly, northeasterly and northerly along said curve and said line, concave northerly having a radius of 400.00 feet, a central angle of 157'43'50" for an arc distance of 1101.17 feet to a point of reverse curvature; thence northerly, northeasterly, easterly and southeasterly along said curve and said line, concave southeasterly having a radius of 500.00 feet, a central angle of 124~16'03'' for an arc distance of 1084.44 feet to a point of tangency; thenc~ South 53'58'08" East along said line for a distance of 505.81 feet to an intersection with the westerly line of the lands as described in O.R. Book 1355, Page lO11, of the Public Rmcords of Collier County, Florida: thence South 0'39'10" East along said westerly line for a distance of 1066.03 feet to the southwest corner of said lands; thence North 89'20'50" East along the southerly line of said lands for a distance of 50.00 feet to the westerly line of Walkerbilt Road as described in Deed Beok 33, Page 279 of the Public Records of Collier County, Florida: thenc~ South O 39'10" lin:ti nl~,n,/ ~n~d wu:.[urly .Walkerbllt Road for a d~stance o~ 60.00 thence North 89 20'50" East along the southerly line of said Walkerbilt Road for a distance of 600.21 feet; thenc~ North 89'21'48" East continuing along said southerly line for a distance of 731.07 feet to the northwest corner of lands as described in O.R. Book 1219, Page 1672, Public Records of Collier County, Florida: thence South 0'43'07" East along the westerly line of said lands for a distance of 300.00 feet: thence North 89'21'48" East along the southerly line of said lands for a distance of 300.00 feet to an intersection with the westerly right-of-way line of Tamiami Trail (U.S. 41, S.R. 45); thence South 0'43'07" East along said westerly right-of-way line for a distance of 1010.73 feet; thence North 89'50'30" West for a distance of 442.82 feet: thence South 45'09'30" West for a distance of 151.26 feet: thence Sour% 00'09'30" West for a distance of 100.00 feet: thence South 45'09'30" .West for a distance of 200.00 feet; then:e South 0C'09'30" West for a distance of 390.00 feet; O!-O04Y0.DOC V thence South 45'09'30" West for a distance of 190.O~ feet; thence South 00'09'30" West for a distance of 398.00 feet to an intersection with the northerly right-of-way line of lllth Avenue North: thence North 89'50'32" West along the said northerly right-of-way line of lllth Avenue North for a distance of 1(:88.91 feet: thence North BP'51'4B" West continuing along sai~ northerly right-of-way line for a distance of 1.18 feet to &n intersection with the easterly line of southwest ~aarter (Sw 1/4) of said Section 21; thence North 01'32'23" West along said easterly lint for a distance of 1390.00 feet; thence North 89'51'48" West along a line parallel the !.outherly line cf the southwest quarter (SW 1/4} of sald Section 21 for a distance of 1350.98 feet to an intersection ~l~h %he easterly line of the Wes% one-Lalf (w 1/2) of the southwest quarter ~Sw 1/4) of said Section 21: for a dl~%ance o£ 621.'/6 ~e~L tu ~n l~lLur~ucL~on ~lLh line 399.71 feet northerly of as measured at right angles to an~ parallel ~ith the southerly line Of North one-half (N 1/2) Of t~e South half (S 1/2) of tt~e northwest ~arter (NW 1/4) Of the $ou%nwe$% quarter I/4) el sald Sec%ion thence South 89'57'13" we~t along said line for distance of 1304.92 feet to thc ~oin% or beginning0 containing 265.~81 acres of land, more or less, subject %o easements and re~trictions of record. 1.] PROPERTY ORrNERSHI The subject proper~y is currently owned by Collie~ Development Corporation, 3003 Tamiami Trail North, Florida 33940. The contract owner of the sub~ect property i.~ Radnor/Beechway Corporation, 6318 Trail Boulevard, Naples, Florida 33963. 1.4 GENERAL DESCRIPTIONS OF THE PROPERTY The project site is located between U.S. 41 on ;:ho eastern border and Vanderbilt Drive on the border, lyin~ north of lllth Ave. and south of the Cocoha=chee River. OI-O04YO.DOC NO. ~ JAN 0 7 ~997 Pg. Pg. The zoning classification of the subject property prior to the date of this approved PUD document was A-2. 1.5 PHYSICAL DESCRIPTION The project site is a mixture of range land, upland forests, barren ].and and wetlands. The wetlands border the Cocohatchee River to the north. Several small isolated seasonal wet prairies are found on the site. Elevations range from 3.0 to 10.0 feet with the highest elevations on the southeast corner of the property which from there slopes downward to the northwest and the river. The soils are a species of fine sands (Arzell, Charlotte, Immokalee, and St. Lucie) and mangrove swamp along the river. STATEMENT OF COMPLIA~:CE WITH THE GROWTH F~ANAGEMEt:T PLA3~ in compliance with the planning goals and ob]ectives Collier County's Growth Management Plan and complies pertinent implement~ng ordinances. The project can be measured for compliance with goal~ and objectives Of the plan as evaluated in the review process. Compliance with specific parts of the plan includes the following: Future Land Use Element Compliance with the goal re~iring well planned and compatible land uses and o~jectives which establish density levels are ~esignated in ~he plan. The propose~ project fur-~,hers these standards including use cf creative PUD design and cluster, housing. project complies with future land use map standard~ density as fcllcws: ~elling Unit Per~,-itted Area Acres per Acre D~elling Units Activity Center Re~.aining Prcjec: 252.0 . 3 756 Te%el PrcDect 265.3 3.65 869 Proposed density is 3.02 DU/AC for 800 Total Units 01-004Y0.DOC NO. ~ JAN 0 7 1997 1.7 Conservation and Coastal Management Compliance with the goal relating to protection of vegetative communities, protection of wetlands, and wildlife preservation by preserving wetlands vegetation and habitat in the project design. P~blic Facilities Element Compliance with the goals of protection of public healtl~, safety and welfare and associated objectives by providing adequate water and sewer facilities and compliance with the drainage goal for protection from flooding by water management design and improving drainage in the r;aples Park area. Compliance with level of service standards for the design of public facilities. Recreation Element Compliance with this element by providing open space preserve areas olonQ the river front and recreationa! Housing £1ement A variety of housing types and residential lots help meet the goal to insure adequaae supply and variu%y housing. Traffic Circulation Element Cpmpliance with level of service standards and impact mitigation requirements. SHORT TITLE This Ordinance shall be known and cited as the Beachw,,¥ P.U.D. 01-004Y0.DOC JAN 0 ? 1997 SECTIO~ PROJECT 2.1 PURPOSE The purpose of thim Section is to delineate and generally describe the project plan of development, the respective land uses o~ the tracts included in the project, as well as the project criteria for Beachway. 2.2 CENERAL A. Regulations for development of Beech,ay shall be in accordance with the contents of this document, PUD Planned Unit Development District and other applicable sections and part~ of the Collier County Zoning application. B. 'Unless otherwise noted, the definitions of all terms shall be the same as the definitions set forth in Collier County Zoning Ordinance in effect at the time of building permit application. C. All conditions imposed and all graphic material presented depicting restrictions for the development of Beachway shall become part of %he regulations which overn the manner in which the PUD sltm may be eveloped. D. The development standards are written as separate regulations for particular housing types.' However, they are designed to be used in a cumulative manner ac designated under Section 2.3A. That is, parcels are groupe~ according to intensity of uses and the mor~ lntens[ve parcel groups would also allo~ for some oi: the uses in previous less intensive groups. This provides t~o benefits 1) a greater mixture of residential development and neighborhood diversity ~m't 2) flexibility to respond to economic and marke~ conditions and still maintain appropriate developme,.,. standards. 01-004Y0.DOC JAN 0 7 1997 2.3 PROJECT PLAN AND LAND USE TRACTS The project Master Plan, including layout of s~reets and land use of the various tracts, is illustrated graphically by Exhibit 'iA", PUD MasKer Development Plan. There shall be 9 land use parcels with six combined into parcel group "B". The master plan also includes plan streets and water management systems. The project parcels will be grouped according to appropriate land use~ as follows: Type Single Family Detacae3 Residential "A" Single Family Detached and Attached Residential, Single Family, Zero Lot Line Residential, Multi- Family Club;tore<! ResIclencial, MulL1- .Family Low Rise Residential Development Mul%i-Fam:.ly clustered Residential, Multi-Family Low. Rise Residential, Multi- Family ~id Rise Residential "C" Recreation "D" Streets R.O.W. Lakes TOTAL Parcel Group Acres 42.3 88.1 20.7 7.6 60.8 10.0 35. *~ 265.3 In'a~dition to the various areas and specific it~ shown on E×hi~it "A", such easement5 as ne~:esb~ . (utility, private, semi-public, etc.) established within or along the '/arious tract% ~5 ,....,. be necessary. 2.4 F~×IMIL~. PROJECT D£t;SITY A maximum of 800 dwelling units will ~e permitted. 7 01-004Y0.DOC 2.5 PROJECT P~; APPROVAL REQUIREM£NTS Prior to the recording of any Record Plats, final plans of the rog"u ired improvements shall receive the approval Of all appropriate Collier County governmental agencies to insure compliance with the Master Plan, the County Subdivision RegulaLions and the platting laws cf the State of Florida. Exhibit "A", PUD Master Plan, constitutes the required PUD Development Plan. Subsequent to PUD and SMP approval on the entire project, construction plans and platting, Preliminary and Final Site Development Plans shall be submitted for each platted tract or platte~ parcel w:thin the development. Ail ~ivision cf property shall be in compliance with the .Subdivision Master Plan ~gulatlcns with exceptions noted in Section 10.12. The developer of any tract or parcel nhnll be required t~ ,~evel o~ment plan Ir, cot,: orr..~ce wlt~, %~1~ requlrement~ established within Section 10.5 of the 2oning Ordinance. The developer of any platted tract or platted parcel approved for single family residential development shall be recruited to submit and receive approval of a Subdivision Master Plan in confor~..ance with requirements established by Article lX Section 3 of the SuDdivlsion Regulations, or any subsequent amen=merit relating thereto prior to the sub:itta~ of construe%ion plans and plat for any portion of the tract or parcel. Where this ordinance fails to provide yard requirements ~o~ principal and accessory structures, the provimions of the zoning ordinance shall apply. Model homes/model home centers including sales center shall be permitte~ in conjunction with the promotion of th~ development subject to the following: i. Models may be constructed prior to re,cording of a plat. ii. Models may be permitted as "dry models" and mu~t obtain a conditional certificate of occupancy for model purposes only. Models ma}' not be occupied until ~ permanent certificate of occupancy is issued. Iii. Models may not be utilized as "sales offices" ~ithout approval by and through the Site Development Plan process, The SDP process ~hall not be required for dry models pursuant to this section. 01-00,IY0.DOC 1997 l L L 1'.. Prior to recorded plats, mates and bounds legal descriptions shall be provided to and accepted by Collier County as sufficient for buildinq at-mit issuance. Said metes and bounds legal des6ri~tions must meet proposed pla~ confi~uration$ and all models constructed pursuant hereto shail conlorm to applicable minimum square footages, setbacks, and the like as set forth herein. Corrective deeds shall bm recorded once the plat is recorded. v. Temporary access and utility easements may be provided in lleu of dedicated right-of-ways for temporary sarwice to model homes. vi. Sales, marketing, and administrative functions are per mi~ted to occur in designated model homes within the project only as provided herein. 2.6 LA~:D£CAPE BUFFER There shal' be a 20 foot vegetative buffer provided along U.S.. 41, 211th Avenue North and Vanderbilt Drive at the project boundaries, within this buffer project landscaping, includin~ walls or harms, shall be allowed. 01-004Y0.DOC JAN 0 7 1997 SECTION III SINGLE FAMILY DSTACHED RESIDENTIAL D}2V£LOPM~'NT PURPOSE The purpose of this section is to identify specific development standards for areas to be developed on £xh~it "A" for single family dsvelopment. Single family development may be permitted in parcel group~ "A" or "~" . 3.2 KAXIMI/~., ~WELLING U~:ITS 3.3 The maximum number cf single family detached dwelling units will be subject to market conditions. However, a total of prelect. USES PEP~iTTED No building or structure, or part thereof shall be erected, altered or used, or lands used, in whole or part, for other %hen the A. Principal Uses 1. Single family detached d~ellings. 2. Water management facilities and lakes. 3. Utility and maintenance storage facilities. 4. Any other use which is comparable in nature the forgoing uses which the Planning Service~ Manager dete:-m, ines to be compatible in this district. B. Accessory Uses 1. Custcmary accessory uses including priva!,~ garages. 2. Signs, subject to Ccllier County Sign Ordinance. 01-C04Y0.DOC l0 3.4 Sales, administrative offices end model units shall be permitted in con)unction with the promotion of the development prior to platting. The model units can be converted to residences subject to the provision~ of Section 2.9. n£V£LOPMEFT STANDARDS A. General: All yards and setbacks shall be in relation to individual parcel boundaries. B. Mini~um Lot Area: There are two single family residential lot sizes. Lots within any given tract will be a minimum of either 6,500 square feet or 10,000 sTuare fee%. Platted sinale family detached lots are intended to be uniform, in size and all lots must be one of the two size~, designated above and separated by platted tracts. Co Minimum Lot Width: 10,000 square foot or more lots Front yard: Interior - 70 ft. Corner - 80 ft. Irregular - 70 ft. at building eetback line. Flag - 20 ft. (Limited to 10 lots around Lake ;1) 6,500 square foot or more lots Interior - 50 ft. Cornfer - 60 ft. Irregular - 50 ft. at building ~etback line. Flag - 20 ft. D. Mi ni::.um Yards: Fron: yard: Side yard Rear yard 10,000 square foot or more lots 20 re9% 7.5 feet for one story 20 feet 6,500 square foot or more lots 20 feet 5 feet 20 feet 01-O04YO.DOC 11¸ ,JAN O 7 %997 AG£~L~A ITEM, i ..- I '-' I" £- ~£~u~ Floo~ A~eas: 1,000 square fee~. Off-Street Parkinq and Loading Requirements: As required by Co11£~r County Zoning Ordi~an¢o i~ e~fect a~ the =i~e of building 9er'm~t ag~ication. Maximum ~aigh~: 1. ~rin¢ipal structure - two stories, 40 feet as measured above parking. 2. Accessory structure - one s~ory, 15 feet. L 01-004Y0.DOC' JAN 0 ? 1997 SECT IO,~: IV SINGLE FAMILY ZERO LOT LINE ATTACHED AND DETACHED RESIDENTIAL DEVELOPMENT 4.1 PURPOSE The purpose of tht~ ~ec~ion i~ to identify ~pur:ific development Standards for areal developed on £xhi~it "A" as zero lot line development. Zero lot line development may be permitted in parcel group 4.2 MAX!.~Cu"M DWELLI);G U::iTS The maximum num~er of single family zero lot line dwelling units w~thin the PUD s~al~ be sub)cc% to market condltions. However. a tote! num~cr of 8~0 unJt~ i~ thc max~n,um altere~ or used, cr lands used, in whole or part, than th~ following: USES PErmITTED No building or structure, or par% thereof, shall be erected, for other A. Principal Uses 1. Single family detached dwellings. 2. Single family attached duple~ dwellings. 3. Water management facilities and lake_5. 4. Utility and maintenance storage facilities. 5. Any other use which is comparable in nature with the foregoing uses which the Planning Services Manager determines to be compatible in district. Accessory Uses 1. Customary garages. 2. Signs. accessory uses including priw~;e 01-004Y0.DOC lB¸ 4,4 3. Sales, administrative offices and model units shell be permitted in conjunction with the romotion of the development prior to platting. he model units can be converted to reeidencea subject to the provialone ag Section 2,5. 4, Neighborhood recreational facilities including but not limited to pool~, cabana., tennis courts and reet~ocms, Any other u~e which tho Planning Set-VlCee ~anager d.termine, to be compatible may be permitted. DEV£LOPMENT STanDARDS Oen.ral: All yards and ~etbacks ~hall be in relation to indxvAdual parcel boundarxe$, B. MlnXmum Lot Area: A~tachod: ~0000 mqu~r~ feet C. Minsmum Lot ~idth: 30 feet. Flag and odd shaped lots .may be pa.-mitred provided they are 30 feet in width at the center point of the length of the lot, Yard an~ ~et~ack ~equi~emente~ Front yard: 10 feet with a minimum of lB ~oot driveway as measured from the back of curb or the bac~ of sidewalk when present to the ~eoe of the garage door or carport facia. Side yard: 0 f~et one sade, 10 ft. other side, or 5 feet. Rear yard: 10 ~eet except when abutting a preserve or lake area for which it shall be zero feet. E. Minimum Floor Area: 750 square feet. F. Off-Street Parking and Loading Rec~uirements: As re~Jired by Collxer County Zoning Ordxnance in effect at the time Of building permit applications. G. Maximum Height: 2 stories, 40 feet es measured above parking. 14 AGENDA, IT£M. NO. ~ JAN 0 ? 1997 SECTION V M~JLTI-FA-~.ILY RESIDENTIAL CLUSTERED DEVELOPMENT PURPOSE The purpose of this section is to identify specific development standards for areas developed on Exhibit "A" as multi-family residential clustered development. Multi-fa~,ily residential c]Hztcred development may be permitte,J in parcel groups "B" and "C". 5.2 F~AXIMUM DWELLi~;G UNITS The ma×/mum number of multi-family residential dwelling uBits ~ithin the PUD shall be dotermined by market permitted density o~ the entire project. 5.3 USES P£~ITTED No building of structure, or part thereof, shall be erected, altered ()r used, or lands used, in whole or part, for other than the following: A. Principal Uses 1. Duplexes, villas, to~nhouses, patio homes, carriage homes or other comparable clustered type housing. 2. Water management facilities and lakes. 3. Utility and maintenance storage facilities. 4. Any other use which is comparable in .nature with the foregoing uses which the Planning Sea, ices Manager determines to be compatible in this district. B. Accessory Uses l. Customary accessory uses including private garages and covered parking areas. 2. Signs, subject to Collier County Sign Ordinance. 15 01-O04Y0.DOC JAN 0 7 1997 [ [ L L L L I 3. Sales, administrative offices and model units shall be permitted in conjunction with the promotion of the development prior to platting. The model units can be converted to residences subject to the provisions of Section 2.5. 4. Neighborhood recreational facilities including but not limited to pools, cabanas, tennis courts and restrooms. Any other use which the Zoning Director determinc~ to be compatible may be permitted. 5.4 DEVELOPMENT STANDARDS A. General: All yards and setbacks shall be in relation to individual parcel boundaries. B. MJnimum Lot Area: 2600 square feet per dwelling unit. C. Minimum Lot width: none. D. ~ Yard and Setback Requirements: Front yard: principal structures: 20 feet a~c~ssory structures: l0 feet with a minimum of 18 foot driveway as measured from the back of curb or the back of sidewalk when present to the face of the garage doer or carport facia. Distance between principal structures: One half (1/2) the sum of the heights of the walls adjacent one another. Rear yard: 10 feet or O feet when abutting preserve or lake. Distance from all tract boundaries: principal structures: 15 feet accessory structures: 10 feet £. Minimum Floor Area: 750 square feet. F. Off-Street Parking and Loading Requirements: As required by Collier County Zoning Ordinance in effect at the time of building permit applications. Whenever the driveway services note than 100 dwelling units, there shall be no direct access for parking adjacent to that driveway. G. Maximum Height: 2 stories, 40 feet as measured above parking. 16 O1-004Y0.DOC JAN 0 7 1997 SECTION ¥I MWLTI-F~MILY LO~ RI~E RESYDENT~AL DEVELOPMENT 6.1 PURPOSE The purpose of this section is to identify specific development m~andards for areas to be developed on Exhibit "A" as multi-family low rise residen=ial development. Multi-family low rise residential development may be pal-mitred in parcul groups "B" and "C". 6.2 MAXI~fUH DWELLING UNITS The maximum developed units of multi-family low rise residential development shdll be subject to market conditions. Mowever0 a total of 800 units is the maximum par~nitted ds;%sity of the entire project. USES P£~ITTED No building of structure, or part thereof, shall be erected, altered or U:led, or lands used, in whole or par%, for other ~han the following: A. Principal Uses 1. Apartments, condominiums or similar multi-family units. 2. water management facilities and lakes. 3. Utility and maintenance storage facilities. 4. Any other use which is comparable in nature with th,~ foregoing uses which the Planning Ser-vic~s Manager determines to be compatible in th.s district. B. Accessory Uses 1. Customary accessory uses including covered garage areas. 2. Signs, subject to Collier County Sign Ordinance. OI-O04YO.DOC 17 JAN 0 7 1BB7 P,. No, ~ DEC 6.4 3. Sales, administrative offices and model units shall be per~itted in conjunction with the promotion of the development prior to platting. The model units can be converted to residences subject to the provisions of Section 2.5. 4. Neighborhood recreational facilities including but not limited to pools, cabanas, tennis courts and restrooms. Any other use which the Planning Services Manager determines to be compatible may be permitted. D£VE~OPMENT STANDARDS A. General: All yards and setbacks shall be in relation to individual parcel boundaries. B. Minimum Lot Area: none. Minimum Lot Width: none. D. Yard and Setback Requirements: Front yard: 20 feet for principal structures. 10 feet for accessory structures Distance between prinqipal structures: One half {1/2) the sum of the heights of the walls adjacent one another. Rear yard: 20 feet for principal structures. 10 ft. or 0 ft. when abutting a preserve or lake for accsssory structures. Distance from all tract boundaries: principal structures: 15 feet accessory structures: 10 feet E. Minimum Floor Area: 750 square feet. F. off-Street Parking and Loading Requirements: As required by Colller County Zoning Ordinance in effect at the tine of building permit applications or where the driveway services more than lb0 dwelling units, there shall be no direct access for parking adjacent to that driveway. Maxinun Height: 3 stories, 50 feet as measured above parking. O1-004Y0.DOC 18 JAN 0 ? 1997 . 7.1 SECTION VII M1JLTI.-FA.MILy MID RISE RESIDENTIAL DEVELOPMENT PURPOSE The purpose of this section i$ to identify development standards for areas to be developed on "A" multi-family mid rise residential development. Multi-family mid rise residential development permitted in parcel groups "C". specific Exhibit may be 7.2 MAXIMIRg., DWELLING UNITS The maximu:~ number of ~ulti-family mid-rise residential dwelling units within the PUD shall be subject to market conditions. However, a total number Of 800 units is the maximum pe:~itted density of tho entire pro,oct. 7.3 USES~PE~MITTED No building of structure, or part thereof, shall be erected, altered or used, or lands used in whole or part, for other than the following: ' A. Principal Uses 1. 2. 3. 4. 5. Apartments. Condoniniums. Water management facilities and lakes. Utility and maintenance storage facilities. Any other use which is comparable in nature with t. he foregoing uses which the Planning Services Manager deter~.ines to be compatible in thi.~ district. Accessory Uses l. Customary accessory uses including covered garage 2. Signs, subject to Collier County Sign Ordinance. 19 01-004Y0.DOC AGEN~AUT£M JAN 0 7 ]997 AG£N I r NO 7.4 3. Sales, administrative offices and model units shall be permitted in conjunction with the promotion of the development prior to platting. The model units can be converted to residences, subject to the provisions of Section 2.5. 4. Neighborhood recreational facilities including but not limited to pools, cabanas and restrooms. Any other use which is comparable in nature which the Planning Services Manager determines to be ccmparable may be permitted. D~V£LOPMENT STANDARDS A. General: All yards and setbacks shall be in relation to individual parcel boundaries. B. Miniz%um Lot Area: none. C. Minimum Lot Width: none. D. Yard and Setback Requirements: · 'Front: yard: 25 feet for principal structures, l0 feet for accessory structures. D~etance between principal StrUctures: One half (1/2) the sum of the heighta of ~he principal structures. Rear yard: 25 feet. Distance from all tract boundaries: 15,, feet. Minimum Floor Area: 750 s~lare feet. Off-Street Parking and Loading Requirements: As required by Collier County Zoning Ordinance in effect at the t~me of building permit applications or where the drive~ay services more than 100 dwelling units, there shall be no direct access for parking adjacent to that d~elling. Maxinum Height: 7 stories, 80 feet as measured above parking. 01-O04Y0.DOC 2O JAN 0 ? 1997 8.1 8.2 SECTION VIII RECREATION PURPOSE The purpose of this Section is to set forth the regulations for the areas designated on the P.U.D. Master Plan Exhibit "A") as parcel "D" recreation. USES PErmITTED NO ~uilding or s[ructuru, or part thereo[, ~hall be erected, altered or used, or land or water used, in whole or ~n part, for other than the following: A. Permitted Principal Uses and Structures 1. Biking, hiking, c,,noo~ng, and nature trails, bridges, boardwalks and overlooks. 2. Parks, tennis and racquetball courts, basketball courts, exercise courses, and swimming pools, and any other comm,,unity neighborhood recreational facilities. S. Cor~unity recreation center buildings, recreational shelters, gazebos, clubhouse, restrcoms, and wildlife sanctuary/management areas. 4. Water Management and essential services facilities, landscape buffers, barmy, and walls or other permitted treatments as in Section X. 5. Any other recreational and open space activity or use which is s~nilar in nature with the foregoing uses and ~nich the Planning Services Manager dete:-m, ines to be compatible with the intent of this district. 6. Gates and gatehcuses. 7. C~ild care centers, if authorized Dy Property Owners Association. 01-004Y0.DOC 21 JAN 0 7 1997 P~, ~ Pez'mitted Accessory Uses and Structures 1. Accessory uses and structures associated with the uses pez-mitted district. customarily in this 2. Essential services and facilities. 3. Caretakers residence. 4. Sales offices and property management offices. DEVELOPMENT STANDAPD£ A. Overall site design shall be harmonious in teL-ms of lan~caping, enclosure of structure~, location of treatment of buffer areas as dete.~m, ined by site development plan regulations. Buildings shall be =et back a minimum of twenty five (25~ feet from right-of-way. 'Lighting facilities Ihall be arranged in a manner which will protect roadways and neighborzng properties fro~ direct glare or other interference· , .. ~ax].=um height of,ltr~cturl$: Fifty (50} flit.'' ~lni.~um distance between principal structures':' F~ft~ln (15) feet. Setback from lakes: 20 feet. Minimum standards for parking, landscaping and lighting, shall be in accordance w~th applicable Collier Count}' regulations in effect at the per,nits are sought. Do 01-O04Y0.DOC 22. JAN 0 7 1997 PRESERVE ARE~ 9.1 PURPOSE Preserwe Area - The ~urpose is to preserve and protect vegetation in its natural state. I% is designated preserve area on the P.U.D. Master Plan Map. USES PERMITTED No building or =truckers or part thereof, shall be erected altered or used, or land used, in whole or in part, for other than the following:~ A. Principal Uses 1. Open spaces/Na%ure preserves. 2. Small docks, piers or other such facilities constructed for purposes of recrsation for residents of the project. 3. Passive recreation: hiking trails boardwalks, overlookm. ' 4. These uses will be subject to receipt of appropriate pe=-mits. 01-O04YO.DOC 23 JAN 0 ? 1997 AGEN~r~T]F~ ,~ SECTION X GENERAL DEVELOPMENT ¢OPLMXTMENT$ 10.l PURPOSE The purpose of this Section is to set forth the general commitments for development of the project. 10.2 P.U.D. MASTER PLAN All facilities shall be constructed in accordance with final site development plans, final subdivision plans and ali applicable state and local laws, codes and master regulations except where specifically noted. A. The PUD Master Plan '(Exhibit "A") is an illustrative preliminary development plan. B. The design criteria and layout illustrated on the Master Plan and the exhibits supporting this project :shall be understood as flexible. C. Master Plan design changes ehall be pel-~itted subject to County staff administrative approval, when subject chan~es are consistent with the intent of site deveAopment plan and subdivision master plan requiremen%s of this project. D. All necessary easements, dedications, or other instruments shall be granted to insure the continuance opera=ion and maintenance of all service utilities. E. Agreements, provisions, or covenants which govern the use, maintenance and continued protection of the PUD and ¢oR,mon areas, will be provided. 10.3 SOLID WASTE DISPOSAL Arrangements and agreements shall be with the approved waste disposal service to provide for solid waste collection service to all areas of the project. 01-00¢Y0.DCC 24 AGENDA.~T£M JAN 0 7 1997 ~ AG£N D.~JT~M ~ 10.4 TRANSPORTATION 1. The d,~veloper shall provide up to 60 feet of road right.-of-way along thc north tide of lllth Avenue the eas~ side of Vanderbilt Drive (CR 901).If the each 2. The developer shall provide left and right turn lanes on the Vander:ilt Drive at the project access. 3. The developer shall provide left and right turn lane~ at the U.S. 41 entrance, lie zn~.'l provide his fair share towards the construction o:' a traffic signal at :his entrance when 4. The developer ~hall provide arrr-ri.ql lrv¢,l lig/,Ling ~: Lhu projc'c~ uI:Lr~ltco:.. 5. If gate houses are to be used they shall be located So .. as not to cause entering vehicles to be backed up any County road. onto 6. Road impact fees shall be in accordance with the schedule contained in Ordinance 85-55, or as i% may be amended, and shall be paid at the time building permits are issued unless o%her%;ise approved by the Board of County Commissioners. 7. Access improvements shall not be applied as impact fee credits and, along with rich,-of-wa don . be in nlac~ ~ ..... - . Y ations, shall · ~ - ~.u~e any certificates of .occupancy are issued. 8. The Developer shall provide for the ultimate discharge of h~----' . removal and dralnage from ad4acent~a2~c roa~_ run-off and reco-mended tha~ .-.~ , ~uau corridors. I~ is .... ,u~. prov:s~ons ~nclude improved $~ale drainage along lllth Avenue and Vanderbilt Drive frontage ~ a~s0 prov~e appropriate, easements for removal an~ u~tlma:e ~scharge of such run-of, through the project. 9. These improvements are considered "site related', a~ defined in Ordinance 85-55 and shall not be applied as credits tOward any impact fees re~ired by thpt ordinance. Road Impact Fees shall be pa[d in accordance with the fee schedule and applicable develot~ment type as set forth in Ordinal~ce 85-55. 01-004Y0.DOC 25 JAN 0 ? 1997 10. If U.S. 41 south of Immokalee Road to Vanderbilt Beach Road actually operates at less than its adopted LOS or is projected to operate within one year at an unacceptable LOS, then the combined projects shall be phased so that traffic movements generated by the projects do not exceed 5% of LOS "C" for a 4 lane arterial on U.S. 4! south of Immokalee Road (CR 846) to Vanderbilt Beach Road (i.e. 1650 DTE) or until such time as the LOS on U.S. 41 equals its adopted LOS "D" standard or better, or that segment of the roadway is widened to six lanes. 11. One hundred eleventh Avenue (lllth Ave.) and Vanderbilt Drive require short term and long term travelway improvements to handle substantial increases in roadway traffic volumes. Sh~rt term improvements include, for example, widening the existing travel lanes on lllth Avenue to a width of twelve (12) feet with appropriate road shoulders, sidewalks, and drainage slopes. Long teFm improvements include, for example, the four l&ning of lllth Avenue and Vanderbilt Drive. Since such ~ travelway improvements are needed to safely and adequately handle future traffic and since the funding/timing of the improvements will be a determining factor ~n the approval of dwelling units, the Developer shall share in the cost and cooperate with the County in assuring the minimum road improvements are in place concurrent with the number of approved duelling units. Such cooperation may include advanced road improvement by the developer in exchange for road impact fee credits. 12. The developer shall dedicate up to 30 feet o! right-of-way adjacent to Naples Park Elementary School to extend 7th Street North of lllth Avenue North. This area shall be the minimum area r~guired for the realignment and may be irregular in shape. 10.5 WATER F~NAGEME~:T 1. Detailed site drainaae plans shall be submitted to Project Review' Servic%s for review. No construction permits shall be issued unless and until approval of the proposed construction in accordance with the submitted plans is granted by Project Review Services. 2. Design and construction of all improvements shall be subject to compliance with the appropriate provisions of the Collier County Subdivision Regulations. 01-004Y0.DOC ~6 JAN 0 ? t997 Pi- ~ An £×cavation Per alt will be required for the proposed lake[s) in accordance with Collier County Ordinance No. 88-26 and SF~D rules. A co~y of SFWMD Permit or Early Work Pex-mit is required prior to construction plan approval. A Conceptual p~r~it from South Florida Water Management District or, a copy of the permit application with supporting information submitted to South Florida Water Management District and all subsequent correspondence shall be provided prior to construction plan approval. A legal agreement indicating that Beachway will grant the right to Plaza 21 to utilize Beachway's water management system for storage and conveyance shall be provlded prior to any construction activity. A 1,~gal agreement indicating that Beachway will grant the right to a portion of Naples Park, vacant land, Napl,~= P~rk ~lemuntary uncJ ~ portion o£ Mumorl~! Gardens to u~liizc ~eachway,s w~ter management ayatem for conveyance shall be provided prior to any cons':ruction activity. The developer shall commit up to $570,000 in drainage improvements, within the Beachway project, to up size pipes and structures to accept the drainage from the north portion of Naples Park. 10.6 EWVIROh~MENTAL A. A site clearing plan shall be submitted to the Development Services Department for review and a~proval prior to any substantial work on the sfte. Th~s plan may be submltted in phases to coincide with the development schedule and may be issued prior to platting. The site clearing plan shall clearly depict on a PUD wide basis how the final site layout inccrporates retained native vegetation and how buildings, lakes, parking lots, and other facilities have been oriented to accommodate this goal. !. Petitioner shall be subject to Ordinance No. 75-21 as amended Dy Ordinance No. 89-58 (preservation of native habitat and the tree removal permitting). Conservation jurisdictional boundaries must be recorded. 01-004Y0.DOC 27 AGENn~ JT. EM No. ~ JAN 0 ? 1997 Petitioner shall be subject to Ordinance No. 82-]7 as amended by Ordinance 89-5] (removal of exotic ipecies). 3.. ratitioner shall be subject to Ordinance 89-37 (use of native species in landscaping) and site landscaping shall be designed to comply with ~eriscape principles as defined by the SFW~D. 4. Petitioner shall cease all development and construction activities in the vicinity of any found archaeological or historical site and contact the collier County Planning Services, tnvironmental Review Staff. 5. All wetland preserves indicated on the site master plan must be provided with a twenty-five (25) foot upland vegetative buffer and indicated as a vegetative buffer on all subsecfuent site plans and plats submitted for County review. However, shallow water management facilities, i.e., s~reader swal~ and dry retention areas may be allowed within tho twenty-five (25} foot buffer. preservation (preserve or preuurve/$T) uhall bu recorded as easements or tracts and provided with protective covenants which require the area to be · aintained in their natural (unaltered) state. An~ development within such easements or tracts ~'i 1 be consistent with permitted uses designated in Section IX and the terms of this document, provided any rec~ired local, state or federal ~,ermits are obtained. 7. Isolated watlands shal? be evaluated for Collier ~'ounty j,:risdiction at the time of proposed :mpacts. If i~olated wetlands are determined to be jurisdictional and if the proposed impacts are approved, then mitigation shall 'be re~ired in compliance with Collier County Comprehensive Plan Policy ~.2.10. Mitigation as specified shall be required for any and all proposed impacts to the %~etland preserve as described above. 8. Protected species surveys shall be reTuired for all subsequent site plans submitted to the Counuy for approval, if deemed necessary by Collier County environmental staff and if previous survey% are over two (2) years old. 01-004Y0.DOC 28 No. ~ Pi' ~ 9. Portions of the proposed lake 15 and other similar xeric oak scrub or other suitable gopher tortoise burrowing habitat areas totaling no less than 7.45 acres and configured to incorporate the largest possible contiguous area or arcao shall be dedicated as upland scrub presel-ves to comply with Collier County Comprehensive Plan Policy 7.3.4 and Ordinance No. 89-58. The aforementioned upland preserves shall be designated by mutual agreement between the petitioner and Collier County environmental staff and shall be indicated on the revised Subdivision Master Plan prior to approval. Other habitats may be deemed acceptable to meet the aforementioned requirements if offsite relocation of the gopher tortoise population is approved by ~tate permit. 10. Stem wall construction ~hall be required if proposed const£uction utilizes fill and the fill or side slopes appear to encroach into preserves or preserve buffers. 11. Former Special 7'rearmost "S7'" zoned wetland preserves shall be deeded to the County or an acceptable private entity or placed in a perpetual trust ~ith an easement in favor of Collier County, as required in Section 10.6.A.6. of this document. Recording of such deed, trust or easement wall not result in a reduction of gross land area utilized for calculating permitted residential densities established in this PUD document. It wall also be consistent with permitted uses established in Section IX and allow development of the principal uses e~tablished in Section IX of this document provided any required local, state or federal permits are obtained. i2. Any future proposed dock construction shall comply with the Florida Department of Natural Resources (DNR) manatee protection plan. 13. If turkey oaks are discovered during tree removal per-m...itting, they shall be transplanted to the upland preserve areas or uti'lized in project landscaping. 10.7 FIRE PROTECTION 01-004YO.DOC 29 JAN 0 7 1997 I i ... f .... The project development shall comply with all applicable fire codes and regulations. Fire hydrants shall be installed in accordance with current regulations at the time of construction. 10.8 ENGINEERING AND UTILITIES 1. Work within Collier County right-of-way shall meet the requirements of Collier County right-of-way Ordinance 82-91. 2. Water distribution, sewage collection and transmission and interim voter end/or sovogo treatment facilities to serve the pro~ect ate to be designed, constructed, conve},ed, owned and maintained in accordance with Collier County Ordinance No. 88-76, as amended, and other applicable County rules and regulations. 3. .All customers connecting to the water distribution and sewage collection facilities to be constructed will be customers of the County and will be billed by the County in accor0anoe with the County's established rates. 4. The on-site water distribution system to serve the project Just be connected to the District's 12 inch water main on the north e}.de of lllth Avenue North, extended through the pro, eot and tied to the existing line on CR 901 consistent with the main sizing requirements specified in the County's water Master Plan. The coordination for the location and sizing of the main extension shall be processed' through the County Utility Division. 5. The utility construction documents for the project's sewage system shall be prepared to contain the design and construction of the on-site force main which will connect the project to the central sewage facilities of the District in the lllth Avenue Nor.th and/or County Road 901 rights-of-way. The force main must be extended from the main on-site pump station to the rights-of-vay line o~ Illth Avenue North and/or County Road 901. 6. The existing off-site water facilities of the District must be evaluated for hydraulic capacity to serve this project and reinforced as required, if necessary, 3O 01-004Y0.DOC JAN 0 7 1997 consistent wi~h the County's uater Master Plen assure that the District's water system can hydraulically provide a sufficient quantity of water to meet. the anticipated demands of the pro)eot and the District's existing committed capacity. 7. The existin] off-site sewage transmission facilities of the district must be evaluated for hydraulic capacity to z:e,-ve this project and improved as required outside the projects boundary to provide adequate capacity to transport the additional wastewater generated without adverse impact =o the existing transmission facilities. 10.9 D£VELOPMENT S£QUENCE AND The property Is to be developed over an es~imated 4 year time per~od. This projection of project development is no more th~n an estimate based on current marketing knowledge. The ~stimate may, of course, change depending upon future economic factors. Table I indicates by project year, the estimated absorption of units for thg development period. 10.10 EASEMENTS ' Easements shall be provided for water management areas utilities and other purposes as required. ' 10.11 LAK~ SITING As depicted on the P.U.D. Master Plan (Exhibit "A"), lakes and natural areas have been preliminarily sited. The goals are to achieve an overall aesthetic character for the project, to permit op%imum use of the land, and to increase the efficiency of the water management network. "Accordingly the pertinent setback requirements described in Ordinance No. 88-26, Section 8A may be reduced with the approval of the authorized County official. Fill material from the lake is planned to be utilized within the project. Ho~ever, excess fill material, u~ to 10% of the total or ~ maximum of 20,000 cubic yards may be removed and .utilized off-site subject to the requirement of Ordinance No. 88-26, includinq but not limited to traffic impact fees, etc. Removal material in excess of 10% of total or maximum of 20,000 cubic yards must meet the requirements of a commercial excavation per Ordinance No. 88-26". To assure site specificity, construction plans and plat must be submitted with excavation permit submittal. 01-004Y0.DOC 31 NO. ~ JAN 0 7 1997 AG £ hLl;;i~nlT E M, Do. ' 10.12 EXCEPTIoNs TO THE SUBDIVISION REGULATIONS The follo'~ing requirements of the subdivision regulation shall be waived subject to review and approval by the Collier County Engineering ~taff at the time of construction plan submittal. A. Article X, Section 16: Sidewalk/bicycle paths will be provided on one side of each roao within the subdivision except cul-de-sacs under five hundred (500) feet in length. These cul-de-sacs will not be required to have side~alk/~icycle Daths on either side of the road. Sidewalks will be at least three (3) feet in width in the area oW lake ] only. Sidewalks shall mean(Jer from one (1) foot inside the rights-of-way four (4) feet from the back of the va])cy B. Article X, Section 19: Street name markers shall be .approved by the Director of the Collier County D.O.T., but need not meet the USDOTF}~WA Manual on Unifoz-m Traffic Control Devices. Street pavement painting, striping and reflective edging of roadway markings shall be waived for the local roads within the subdivision. C. Article ×I, Section 10: PlUM's installation in a typical water valve cover shall be waived. D. Article XI, Section 17Go Street Pavement Widths: The main spine road shall have two twelve (12) foot lanes. Requlrements for local roads to have ~wo twelve (12) foot lanes shall be waived to two ten (10) foot lanes only on roads generating less than 500 vehicular trips per day. Arti,:le X, Section 17I: The requirement of utility casi:%g installation shall be waived, F. Article XI, Section 17I: Back of cdrb radii at street intersections shall be a minimum of thirty (30) feet for intersections at interior roads with the exceDtion of the two en%rances of the subdivision which shall be a minimum of forty (40} fee%. G. Article XI, Section 17Jo Requirement for 100 foot minimum tangent at intersections of local to local and local to collector roa!j within the subdivision, with 01-004¥0.DOC ~2 AGENDA IT£~l JAN 0 ? ]997 F' '" r - -, the exception of the two entrances of the subdivision, shall be waived. No tangent shall be required at the local to local and local to collector intersections. H. Article XI, Section 17G: Appendix "D" Local Road Typical Section shall be waived. A fifty foot (50') right-of-way typical section shall be approvid for those roads generating less than 500 vehicular trips per day with the exception of the main spine road. The typical section shall contain a four foot (4') sidewalk and a three foot (3') sidewalk in the area around Lake 3 except as noted in exception A. I. Article XI, Section l?Z: The request for waiver of one hundred (100) foot tangent sections between reverse curves on all streets within the subdivision is recommended so that no tangents be required between reverse cu.-wes within all streets except the main spine road. The appropriate tangent length for the main spine road nhnll bo in accordance with AASI{TO speed. J. Article XI, Section 17F: Street Right-of-Way Width: The main spine road shall have a sixty (60) foot right-of-way. All other interior roads within the subdivision shall have fifty {50) foot rightI-of-way, if the roads generate lIlI than 500 vehicular trips per day. 10.13 SICNAGE The developer intends to create a uniformly designed special signage and identification system including, but not limited to, .~ubdivision and entrance signs for the project to compliment the in~ended development themes and architectural styles. Project identification signs shall be allowed at the principal prelect entrances to the Beachway PUD at Vanderbilt Road and U.S. 41. T~ese may not exceed one hundred and fifty (!50) square feet in total area at each entrance and shall not exceed a height cf fifteen (15) feet above the established grade. Additionally, project entrance signs announcing the name of the planned residential comple~ shall be allowed. £ach identifiable residential project development shall be allowed one project entrance sign, not to exceed an area of eighty (80) sqMare feet and a height cf ten (10) feet above the established grade. 01-004Y0.DOC / JAN 0 ? 1997 Utilization of the right-of-way for landscaping decorative entrance ways, and signege shall be reviewed and approved by the Transportation Direc%or prior to any installations. 10.14 ~SSENTIAL SERVICES Essential men, ices are considered as an acceptable per~itted use on all land use categories within the pro]eot as approved via the site development plan approval process. 10.15 ROADS - Roads within the development may be either public or private roads, dependinq on location, and/or ga~ohouse may be located on private roads only. The accesses ln%o the mul%i-family trac~s shall be dete~'-m, ined in the SDP/SMP process and shall be as closely aligne~ as practical and shall meet the requirements of the Collier County Right-of-Way Ordinance 82-91 wherever practical. ' 10.16 PERIMETER TR~AT.".ENT$ The perimeter of the project is intended to be buffered/screened from ad)acent properties and rights-of-way by com~inati,Dn of any or all of the followins; vegetative buffers, becms, walls, fences or other materials in keeping with the aesthetic theme and quality of the proposed project. Ad.~itionally, it shall be allowed that gazebos, towers, arches, fountains or other architectural monuments be incorporated wi%him the perimeter treatment and that setback and height restrictions shall be waived on these architectura~ elements, subject to review and approval of ~hm County £ngineers am they per:aim .%o setbacks from righ=s-of-way and line-of-right traffic requirements. The buffering/screening of the perimeter of the project shall be of such desitin that it ~ill allow the runoff to flow as designed by :he wa=er managemen% system. 01-004Y0.DOC 34 JAN 0 7 1997 TABLE I £STIPL~TED ABSORPTION SCHEDULE PROJECT RESIDENT/AL YEAR UNITS 1 20O 2 200 3 200 4 200 TOTAL 800 UNITS 01-004Y0.DOC 35 NO. .JAN 1 1 1 1 l t t t Group "A" -- --- Group "B" -----"-------~' GrOUp "C" OI-ooIYO.DOC TABLE II pARCEL GROUPS permitted Land U~eS singl. Family Residentia~i Large and Small Lots single Family Zero Lot DevelOpment ltl-FamilY 36' JAN 0 7 1997 P~. ~ t / 'l. JAN 0 ? t997 EXECUTIVE SUMMARY RECOMMF. NDATION FOR THE BOARD OF COUNTY COMMISSIONERS TO ADOPT RESOLUTIONS RELATED TO APPLYING FOR A HIGHWAY BEAUTIFICATION GRANT FROM THE FLORIDA DEPARTMENT OF TRANSPORTATION HIGHWAY BEAUTIFI- CATION COUNCIL FOR A PORTION OF STATE ROAD 29 (ALSO KNOWN AS "MAIN STREET") IN IMMOKALEE, O.._BJE.___.OTIVE: The Board to adopt two (2) Resolutions authorizing staff to proceed with a Grant application. CONSIDERATIONS: Transportation Services has received a request from the Immokalee Beautification Municipal Services Taxing Unit Advisory Committee to apply for a Grant from the Florida Department of Transportation (FDOT) Florida Highway Beautification Council. The proposed project will encompass median and roadside irrigation and landscaping on a .502 mile segment of State Road 29 (S.R. 29) (also known as "Main Street"), from 1" Street to 9:' Street (f'vhle Post 37.326 to 37.828). This segment of roadway corridor is the Downtown Main Street of the Immokalee Community. It is the second phase of the County's and the Community's continued efforts to revitalize this Downtown area. The Immokalee Community has been granted designations as a "Main Street" and Enterprise Zone Corr~munity. This Community and Roadway Corridor is Collier County's nodheastern-most Gateway into Collier County. This second phase of the three phase Streetscape Beautification Master Plan is a very important part of the overall downtown redevelopment efforts being planned and implemented by Collier County Government, the Main Street Program Organization, Collier County Airport Authority, Immokalee Beautification MSTU Advisory Committee and area residents. The attached Resolutions, the first approving a grant request to the FDOT Highway Beautification Council and authorizing the County Administrator to apply for a Highway Beautification Grant, the second Resolution is to authorize the County Administrator to enter into a Landscape Maintenance Memorandum of Agreement and a Highway Beautification Grant Memorandum of Agreement with the FDOT Highway Beautification Council. This is the second step in a 15 step-by-step procedures and instructions outlined on Attachment 1 for applying for an FDOT Highway Beautification Grant. Attachment 2 is a preliminary cost estimate. Attachment 3 is a location and proposed Project Area Map. FISCAL IMPACT: The proposed cost allocations for the estimated $143,796.00 Project are as follows: jA~4 0 7 '. Portions: State Grant (50%) Collier County Government (21,5%) Immokalee Beautification MSTU (21 ,, 5%) $ 71,89800 $ 33,44900° $ 33,449,00 Private Donations: Collier Foundation, Inc. (7%) TOTAL .~ 5,ooo.oQ $143,796.00 *Grant application requires financial commitment as shown. future would be either BCC-approved Grant or Loan Beautification District Funding. Such funding, if needed in the with pay back from future GROWTH MANAGEMENT IMPACT: Not applicable. RECOMMENDATION: That the Board of County Commissioners adopt two (2) Resolutions authorizing stab to pursue the Highway Beautification Grant Application, and authorize the execution of both Resolutions by its Chairman Stephen F. Fabiano Engineer I / Transportation Department G. F. Archibald, P.E. Transportation Department Director REVIEWED :,...,~, ,, ...- .' ' / ,--'..- Raymond W. Miller,/P.E. Acting Public Works Administrator DATE: DATE: , :,/',7_ f,..//'/~- GFNSFF/mVJ1223961ES FDOT SR 29 Beaut Grant.doc ., ,'. !4 0 7 !~237 Attachment No.1 Step By Step Instructions On Successfully Applying for a Highway Beautification Grant. Local government contacts Maintenance Yard Permits Engineer for Pre-Application Briefing. This will be an introduction to District One application and plans processing protocol. ¢vfid- Summer prior to application year). Local government completes resolution Approving the AppLication for a Highway Beautification Grant. This resolution approves the submittal of The Application Package and authorizes its chief executive officer to execute agreements and documents associated with the Grant. (Complete by Fall prior to application year). Local government completes F/or/da High way Beaut~cation Council Grant Application (Form Number 850-060-01). This seven (7) page application form must be fully executed and made a part of the over'all written and graphic presentation of the project. (Complete by Fall prior to application year). Local government submits thd Resolution and completed Grant Application with one set of draft plans, specifications, a technical maintenance plan and other supporting documents (hereinafter known as The Application Package) to local Maintenance Yard Permits Engineer for sufficiency review. (Complete by early Winter prior to application year). Local government coincidenudly completes applicable portions of a District General Use Permit form which is filled out and presented as part of with The Application Package. 5. When The Application Package is determined is sufficient by the Maintenance Yard Permits Engineer, the local government will be directed to submit twelve (12) sets of The Application Package through the Maintenance Yard for review per District One protocol. The Department reviews The AppLication Package and returns to local government for revisions as appropriate. This must be Submitted by February_ Ist of the application year. (30 day processing time) · Local government makes revisions and submits revised application package to District Landscape Manager for final approval.(Complete by February 28th of application year). Lgx:al government mails or delivers nine (9) copies of the approved Application Package to the District One Maintenance Engineer, P.O. Box 124.9, 801 North Broadway, Barrow, Florida 33831. Keep at least 2 copies, with original signatures, of all materials in your files: these will be needed if you are awarded a grant (to be attached to the Maintenance and Gran! Agreements'). (Complete NO LATER THAN March 31st of the application year.) HighwcO' Beautification Council Ranking takes place in Ma)' of the application year. The Department prepares Offer of Award Letters for the top ranked applications which are mailed on June 1, of each application year. The Department prepares Letter of Congratulations to Award recipients and mails with Highway Beautification Oran! Mcm0rand~m of Agreement & Highway Landscape Maintenance Memorandum of Agreement for execution by local government. ' ; 7 ':' :" 10. 11. 12. 13. 14. 15. Step By Step Instructions CONTINUED Loc~ government prepares Letter of Acceptance for mailing to the Department, District Secretary, with copies to the Highway Beautification Council Staff Coordinator, The District Landscape Manager, and the District Maintenance Engineer. Locai government completes resolutions Authorizing Entrance Into a Highway Beautification Grant Memorandum of Agreement and a Highway Landscape Maintenance Memorandum of Agreement with F'DOT. (Complete immediately after Offer of Award Letter is received). Local government completes Hiehwav Beautification Grant Memorandum of Azreemenl. (Complete within 90 days from date of the Offer of Award Letter -- September 1st of application year). Local government completes Highway Landscape Maintenance Memorandum of A£reement. (Complete within 90 days from date of the Offer of Award Letter -- September Ist of application yea.r). The Department's legal office-reviews the Maintenance and Grant Agreements. On acceptance of the Maintenance and Grant Agreements by the Department, the District Miintenance Engineer shall issue a Notice to Proceed with the Project to the local government representative as listed in the original application package. Landscape Architecture Attachment No. 2 !MMOK,ALEE STREETSCAPE BEAUTIFICAT~0N PHASE TWO LANDSCAPE & IRRIGATION PORTION PRELIMINARY PROJECT COST ESTIMTES 12/04/96 PLANT MATERIAL AND INSTALLATION IRRIGATION SYSTEM AND INSTALLATION SOIL AMENDMENTS TOTAL: 59,737.00 75,659.00 8,400.00 $ 143,796.00 Design * Environmental Management * Planning ,,'1 7 !LS5 ll00 6th Ave. So, P.O.Box 8052, Naples,Fla. 34101 (941) 263-0486 '! "ID 0 .C 0 0 0 1 RESOLUTION NO, 97.~ 2 3 A RESOLUTION OF THE COUNTY COMMISSION OF 4 COLLIER COUNTY, FLORIDA, AUTHORIZING THE 5 COUNTY ADMINISTRATOR TO ENTER INTO A 6 LANDSCAPE MAINTENANCE MEMORANDUM OF 7 AGREEMENT AND HIGHWAY BEAUTIFICATION GRANT 8 MEMORANDUM OF AGREEMENT WITH THE FLORIDA 9 DEPARTMENT OF TRANSPORTATION FOR THE 10 INSTALLATION AND MAINTENANCE OF LANDSCAPING 11 AND IRRIGATION LOCATED ON A PORTION OF STATE 12 HIGHWAY 29 (ALSO KNOWN AS 'MAIN STREET'), 13 BETWEEN 9~'" STREET AND 1'~'r STREET, WITHIN THE 14 UNINCORPORATED COMMUNITY OF IMMOKALEE, 15 SITUATED IN COLLIER COUNTY, FLORIDA. 16 17 WHEREAS, many roadside areas and median strips wdhrn lhe Department of 18 Transportahon. Slate Road 29 r~ght-of-way are capable of recew~ng and sustain,rig 19 landscape beaut~hcat~on features; and 20 WHEREAS, the County A~Jmimstrator an~ the Board of Counly Commissioners 21 cies~re that Collier County par!.~cipate ~n the beaut~hcat~on of th~s h~ghway's roadside areas 22 an~ median slrips w~thin the un~ncorporatecl community of Immokalee. situated tn Colher 2.3 C~,,,,n'.,., Florida throu;h landscape de'.,elo~men', and 2,¢ WHEREAS. the Board of County Commissioners ~ntends. i~y the adoption of th~s 25 Resolul~o~ to authorize the County Adm~nistra:or lo enter into a Highway Landscape 25 Ma~n:enance Memorgndum Of Agreement and a H~ghway Beaut~hcat~on Granl 27 Memorandum of Agreement belween Colher County, Florida. and the Florida Department 29, of Transportation NOW. THEREFORE. BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY. FLORIDA 31 SECTION I The Board of County Commissioners of Colher County. Florida. hereby 32 autl"or~ze the County Administrator Io enter ~ntO a H~ghway Landscape Maintenance 33 memorandum Gl Agreement and H~ghway Beauhhcat~on Grant Memorandum of Agreement 34 between the Florida Department of Transportation. pertaining to the roadside areas and 35 mechan str~ps along a .502 mde section Gl State Road :~9 (also known as 'Main Street"j. 36 belween 9'" Streel and 1''~ Street. within the unincorporated commundy of Immokalee. 37 sduated ~n Colher County. Florida 38 ..SECTION 2 The County Clerk of CoIher County. Florida. ~s hereby d~rectecl to forward 39 1 Barrow. Florida. as a result of having been awarded 2 Beautification Grant. 3 This Resolution adopted this day of 4 after motion, second and majority vote favoring same. 5 6 ATTEST: 7 DWIGHT E. BROCK, Clerk 8 9 10 11 12 13 Approved as to form and legal 14 suf[iciency 17' Shirley J'e,~n McEachern 18 Assistant Collier Courtly Altorney 20 and accepted a H,ghwa¥ ,19 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY. FLORIDA BY Chairman 1 5 7 8 9 10 11 12 13 14 15 16 17 18 19 21 23 RESOLUTION NO. 97- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS APPROVING A GRANT REQUEST TO THE FLORIDA DEPARTMENT OF TRANSPORTATION HIGHWAY BEAUTIFICATION COUNCIL FOR THE BEAUTIFICATION OF A PORTION OF STATE ROAD 29 (ALSO KNOWN AS 'MAIN STREET' IN tMMOK.ALEE FROM 1sT STREET TO 9TM STREET) AND AUTHORIZING THE COUNTY ADMINISTRATOR TO APPLY FOR A HIGHWAY BEAUTIFICATION GRANT FROM THE FLORIDA DEPARTMENT OF TRANSPORTATION HIGHWAY BEAUTIFICATION COUNCIL FOR A PORTION OF STATE ROAD 29 (ALSO KNOWN AS 'MAIN STREET' IN IMMOKALEE FROM IsT STREET TO 9TM STREET) WHEREAS. pursuanl to Sections 339.24 and 339,2405, Florida Stalutes, the Florida Department of Transportation established the Flonda Highway Beautihcation Council to implement and oversee a statew~de beauIihcat~on program ror state transportahon fac~hbes, including stale road,~ and highways, and WHEREAS, pursuant to Section 33924, Florida Statutes, such beautihcat~on actiwhes are recognized by the Legislature as conlribubng to the prevention of hirer; and WHEREAS, the "Florida Highway Beautihcabon Council ~s empowered, by Secbon 339,2405(7)(a) (1996). Florida Statutes. ~nter aha. to provide local governments and local h~ghway 26 beaut~hcat~on councds w~th informabon regarding the State Highway Beaut~hcation Grants 27 Prog'am to accept and to rewewgrant recuests from local government, to maintain a phor~hzed 28 I,st of approved grant requests, and to recommend to the Flor,da Departmenl of Transportabor~ the 29 awar:l o! certain grant reques:s, and 30 WHEREAS. pursuant to Section 339.2405. Florida Statutes. local highway beaut~f,cabon 31 coun~'~Js may be created by local governmental ent,t~es: and 32 WHEREAS, a grant request must be approved by the local government prior to subm~ss,on 33 of such grac4 reques! to the Flor~cla Highway Beaubhcat~on Counc,I, and 34 WHEREAS. the lmmokalee Beaut~hcat~on Mun~opal Serwces Taxing Umt Advisory 35 Committee requests approval by the Board of County Commissioners of a grant request for the 36 second phase of Colher Counly's/Immokalee Community's Downtown rev,tahzabon,'beautd~cat~on 37 project, the scope of which is for an approximate .502 mile segment of State Road 29 (also kn3wn 38 as "Main Street". from 1" Slreel to 9'" Street [M,le Post 37 326 lo 37 828]). and contemplates 39 beaul~hcat~on by plant~ng and maintaining attractive landscaping along the above-described 40 pomon of State Road 29, and 41 WHEREAS, ~n furtherance thereof, the Board ol Counly Commissioners desires to approve 42 the granl request and I0 authorize Ihe Counly Admm~stralor I0 apply/or a H~ghway Beaubhcal~on 43 Grant 44 WHEREAS, such project shall consbtute the second phase of the three-phase Streetscape 45 Beautification Master Plan planned and ~mplemented by Colher County Government. the 'Main 46 Street' Program Organization, the Colher Counly Airport Author~ly. the Immokalee Beaut~hcaI~on 47 MSTU Advisory Committee and area residents 48 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY 49 COMMISSIONERS OF COLLIER COUNTY FLORIDA, that 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 27 28 29 3O 3t 32 33 1 ~;ECTION 1. The Board of County Commissioners approves the grant request Io the 2 Florida Highway Beautification Council for the beautification of that porhon oi' State Road 29 (also 3 known as "Main Street"), from 1'" Street to 9"' Street in Immokalee, Colher County, Flonda 4 SECTION2. The Board of County Commissioners authorizes the County Ac~m~mstrator to 5 sign the Grant Application documenls to the Florida Highway Beautification Council for the 6 Highway Beautification Grant for that portion of Stale Road 29 (also known as 'Main Street"), from 7 1" Street to 9'" Street in Immokalee, Collier County. Florida 8 ~ The Clerk to the Board is hereby d~rected to submit twelve (12) copies of th~s 9 Resolution to the Florida Highway Beautificabon Council, Environmental Management Office, 605 Suwannee Street, Mail Station 37, Tallahassee, Florida, 32399-0450 and Florida Department of Transportation, Distric[ One Maintenance Engineer, P. O. Box 1249, 801 North Broadway. Bartow, Florida, 33831 Th~s Resolution adopted this ~ day ol , 1997, after motion, second and maiordy vote DATED ATTEST DWIGHTE BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: Chairman Approved as to form and legal sufficiency Smdey Jean McEachern A~s~stant Colher County Attorney EXECUTIVE SUMMARY RECOMMENDATION TltAT THE BOARD OF COLLIER COUNTY COMMISSIONERS ADOPT A RESOLUTION AND APPROVE A LEASE AGREEMENT BETWEEN COLLIER COUNTY AND THE GULFCOAST SKIMMERS OBJECTIVE: To adopt a resolution as outlined within Florida statutes and enter into a lease al~'eement with the Gulfcoast Skirruners. CONSI.'DERATIONS: The current lease between the County and the Cmlfcoast Skimmers was approved by the County Commission in accordance with all advertising requirements of the Florida Statutes but failed to have a resolution approved as part of the adoption process. In addition, the lease provides the Gulfcoast Skimmers with a lucation within the park on the Eastern shoreline. The revised location of the grandstand will dictate the location of the-Skimmers show and ultimately their boat storage building. A revised location for the grandstand has been selected on the western shoreline for a number of reasons including: 1. To have the grandstand face away from the sun during the at%moon and early evening hours. 2. The eastern shoreline provides a much better location for the public beach area as the slope of the land allows for the land to be scraped back to create the needed gradual slope. 3. A beach location on the eastern shore also allows for future expansion should this amenity become popular as is expected. Expansion at the previous location was difficult and would have been very costly ifpossible at all, and 4. The location ofthe beach which dictates the location ofthe restroom facilities will be much closer to the nearest sewer hookup location, saving significantly on the cost. This revision has been discussed with the Skimmers and is the preferred location for their show as well, although the revised grandstand locations was initially proposed by the County. The attached lease agreement revises the location of the Skimmer's from the eastern to the western shoreline. The western shoreline is actually the location where the Skimmers and their facilities were originally shown in the conceptual site plan that was developed to assist the County Commission with the decision to purchase the property originally. dt',,.i 7'::"" I PO.[ This executive summary requests that the Board of Collier County Commissioners terminate the previous lease executed in 1995, adopt the attached resolution, and authorize a new lease. The new lease contains lhe same provisions, as the previous lease, but revises the location from the eastern to the western shoreline of Lake Avalon. GROWTtt MANAGEMENT IMPACT: None. FISCAL [IMPACT: None. This action does not have any affect on any fiscal ~rrangements that axe ~Iready in place. RECOMMENDATION TtiAT T1]E BOARD OF COLLIER COUNTY COMMISSIONERS, terminate the existing lease with the Gulfcoast Skimmers, adopt the attached resolution, and authorize the Chairman to execute the attached new lease between Collier County and the Gulfcoast Skimmers. Prepared by: ,/~_ ~ L,'~_ Th~)~n-~s ~,5.-Olliff, L~blic Services Administrator $ 1o 11 17 26 27 ~8 29 32 RESOLb'rlON NO. 97 - RESOLUTION AUq'HOKIZING COLrh~rY TO ENTER INTO LEASE 5kqTH THE GULF COAST SKIMMERS WATER SKI SHOW. INC. FOR THE PURPOSE OF PROVIDING A WATER SKI PROGRAM FOR YOUTHS AT THE SUGDEN REGIONAL PARK '~,q-IEKEAS, the Gulf Coast Skimmers Water Ski Show, Inc. (the "Gulf Coast Skimmers") is a nm-for-profit corporation organized for the purpose of promoting community imerest a.nd welfare', and WHEREAS, the Gulf Coas! Skimmers Water Ski Show, Inc. has applied t¢ the Board of County. Commissioners. Collier County for the lease of certain property al the Sugdcn Regional P~'k. (the "Leased Properly") for the purpose of providing a water ski program for tocM youths; WHEKEAS, the Gulf Coast Skimmers is desirous of cmenn£ into a Lease Agreement with Collier Cour, i)' to lease the Leased Property for a period of thin)' 130) )'cars wnh options to renew fo; an additional thin.,.' (30} years each, for ibc sole purpose of providing a water ski pro.a=::, for iocal youths; and WHER.EAS. pursuant to Section 125.33, Florida Statutes, the Count)' ma)' le~sc rem property, to ce~ain enlwes al private sale. NOW. THEREFOR.E, BE IT R_ESOL',/ED BY CO.".LMISSIONERS, COLLIER COL.'NTY. FLOR.IDA that: 1. THE BOAR. D OF COL'.~TY Thc Board of County Commissioners is satisfied that the Leased Property is not needed for Count)' purposes under the terms of the attached lease agreement and is required for the Gulf Coast Skimmers' usc. Collier Count)' shall enter into the Le~e Agreement w~th thc Gulf Coast Skimmers and thc Gulf Coast Skimmers is hereby authorized to use the Leased Property for thc purpose of providing a water ski program for local youths in accordance with the terms and commons stated in the Leas.* Agreement attached hereto. 4 $ ? ! II 12 18 19 2O 21 22 23 2.~ 2s 'The m'mual rcm shall be Tcn dollars (SIO.O0). This Rcsolulion adopted after motion, second ~nd majorily vole. Dated: ATTEST DWIGHT E. BROCK. Clerk By: Approved as to form and legal su£ficie,qcy: Hcidi F. Ashzcn Assista. n,,t Coumy A:~om:y BOARD OF COLFNTY COMMISSIONERS COLLIER COUNTY, FLOI:LIDA By: , Chairman Lease # 79~ LEASE AGREE~fENT TI[IS LEASE AGR.EEIv~NT entered into this _~ da)' of . 1997, between Gulf Coast rumors Water Ski Show, In:, a not-for-profit Florida Corporation, whose mailing address is 4002 Cindy Avenue, Naples, Florida 34112, hercinafi,¢r referred to as "LESSEE", and COLLIER COUNTY. a political subdivision or the State 3r Florida, whose mailing address is 3301 Easl Tamiami Trail. Naples. Florida 34112. hcreln~er referred to as "LESSOR" WITNESSETH In consideration of the mutual covenants contained herein, and other valuable consideration, the parties a~'ee a.s follows: ARTICLE 1. Demised Premises LESSOR hereby leases to LESSEE and LESSEE hereby leases from LESSOR the property described in Exhibit 'A' which is attached hereto and made a pan of this Lease, hereinal~cr called the "Demised Premises", drug:ed in the County of Collier and the State of Florida, for the sole purpose of operating a water ski program for youths. The Demised Premises shall consist cf utilization of the entire lake known as Lake Avalon ("Lake") during show times, and approximately one half (1/2) of the Lake during practice times and approximately three (3) acres of land which will accommodate bleaters, covered grandstand, concession stands, boat storage. malnteru~nce building and docks and other related facilities The construction of the aforementioned improvements v,,'ili be the sole responsibilhy and cost of :he LESSEE ]f the entire Lake should be required by LESSEE. LESSEE shall obtain prior v,.'riiten approval from LESSOR Except for boat storage, maintenance buildings and concession stands and excepl as provided for in A, nicle I6 of this Lease Agreement, the use of the Derrdsed Premises shall be non-exclusive and open to the public ARTICLE 2 Term OLESSEE shall have and hold the Demised Premises for a term of thin),' (30) years commencing upon cution of this Lease Ac, reement and endina thirty (30) years from that date LESSEE is 8ran ed the option, sided it is not in defaul'~ of any of the term~ of thews lease, to renew same for two (2) additional terms of thirty (30) years each, under the same terms and cond,tions, as provided herein, by giving written no:ice of LESSEE'S intention to do so to the LESSOR not less than thirty (30) days prior to the expiration of the IeasehoId estate hereby created or the renewal term in effect Said notice shall be effective upon placement of the notice in an o~cid depository of the United States Post Office, Registered or Certified Mail, Postage Prepaid LESSOR shaJI have the right, with cause to terminate this Lease by providing LESSEE with one hundred and eighty (Ia0) day termination 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 This Lease shall auzomatically terminate iFLESSEE becomes a dtssotved corporation ARTICLE LESSEE hereby covenants and agrees to pa>' as rent for the Demised Premises the sum ofTen Dollars and 00/100 Cents (SI0 00) per annum to be paid at the commencement and on the anniversary date of each follo~ing ye~. LESSOR aulhorizcs LESSEE to operate a concession stand at the Demised Premises in order to generate income to support the water ski show and relaled aclivilics This concession will include, but nol be limited ~o ~he s,',le of ice cream, popcorn, pizza, hot dogs, sodas and souvenir items No alcoholic beverages are to be sold, dispensed or consumed on the Demised Premises Ail income from the conc:ssion stand shall be used to maintain operations of the LESSEE'S programs If those funds are not utilized for ;;aid purpose, (I) LESSOR ma)' prohibit LESSEE from operating the concession stand and/or (2) LESSOR shall receive thin}, (30%) percent of the unused or unencumbered funds as additional rent on an annual basis at the end of LESSEE'S fiscal year. In order to monitor the use of LESSEE'S funds, LESSEE agrees to allow LESSOR to review and audit bookkeeping records at LESSOR'S request ARTICLE 4 Other ExDenses and Char_~¢s LESSEE sh,ll pay all janilorial services and utility charges once those services are operative including, but not limited to charges for Bas. electricib', lighl, heat. air conditioning, power, waler, sewer and telephone or other communication sen'ice used, rendered or supplied thereupon or in connection vvilh the Demised Premises If LESSOR elects to supply utility services and/or janitorial services. LESSEE agrees to pay the same as ~didond rent within thirty (30) days of its recdp! of the LESSOR'S bill or invoice ARTICLE 5. Modifications to Demised Premises Prior to ma3dng any changes, alterations, additions or improvements to the Demised Premises. LESSEE '.,.ill provide to LESSOR all proposals and plans for alterations, improvements, changes or additions to the De.seal Premises for LESSOR'S written approvsl, specifying in writing the nature and ex~ent of ~h~ d~sir~d dtcr~tio~ ~provcment, chan~c, or addition, along with thc contemplated starting ~nd completion time for such proje~. ~SSOR or its designee will then have sixty (60) days within which ~o ~pprovc or deny in ~ting s~id request for changes, improvements, akcrations or additions LESSOR shall not unrcasonzbly withhold its consent to required or approp~te ~herafions, improvemcms, chan~es or additions proposed by LESSEE If ~¢r sixty (60) d~ys there has been no response from LESSOR or i~s designee ~o said proposals or p~ans, then such silence s~ll be deemed as a dcm~l ~o such request ~o LESSEE LESSEE covenants and agrees in connections with any mainlenance, repair work, erection, cons',ruction, improvement, addition or alteration o£ an.',' authorized modifications, addmons or ~mprovcments to the Demised Premises. to observe and compl) ',..'i:h all then and f:uture applicable las,.s, erdmances, rules, regulations, and requirements of the United Sea:es of America. State-of Fiorida, Count) Of CoI]leF, and an,,' and ali governmema', agencies Ali alterations, improvements and addiuons to said Demised Premises shah a: once, '.,,'hen made or inst~ied, be deemed as attached to the freehold and to have become property of LESSOR Thin), ('30) days prior to the termination of' this Lease or an)' renewal term thereof, LESSOR and LESSEE shah determine ~ha: un be removed from the Dem,sed Premises Prior to the termination of this Lease or an)' rcneu.'al term thereof, or within thirty (30) days thereafter, if LESSOR so direcls, LESSEE shall promptb remove the add::ions, improvements. :qtera:;ons. fixtures and ms:a!bfions which were placed in. on, or upon the Demised Premises b~ LESSEE, ~nd repair any damage occasioned ~o the Demised Premises by such removal, and in default thereof, LESSOR may complete said remo,.a',s and repairs at LESSEE'S expense LESSEE covenants and agrees not to use, occup)', suffer or permit said Demised Premises or an}' pan ~hereofto be used or occupied for any purpose contrary to law or the rules or regulations of any punic authomy ARTICLE 6. Access t9 Demi:led premises LESSEE shall be authorized to utilize ~he Demised Premises Monday throur, h Sundav from 8 O0 a m to sunset. In the event LESSEI-_' requires access to the Demised Premises ~er th~ Park cl'oses to the genera', pubIic, prior notice and'or coordination :,.ith the Park Ranger shall be required If an)' additional times are required, LESSEE sha:l pro'.'iJe LESSOR'S Parks and Recreation D~rector ~ith fom,'-eight 1.4~) hours ',vat:er notice of any additional time~ LESSOR'S Parks and Recre;Iion Director sha'J pr~'.'ide written approva: to LESSEE for an).' change in hours of operation LESSOR. its dub' authorized agents, represematwes and employees, shall have the right after reasonable notice to LESSEE. to enter m:o and upon the Demised Premises or an.,.' pan thereof a: all reasonable hours for the purpose of c×aminin$ the same and making repairs or providing janilorial sen'ice therein, and For the purposes of inspection ,"or compliance with Ihe provisions of this Lease A~reement and providin~ security of II-,e site ~ ~ ' ARTICLE 7 Assi_~nment ~nd Subl¢:Iin~ LESSEE covenants and agrees not ~o assign lhis Lease or Io sublct thc whole or an)' pan of'the Demised Premises. or to permit any other persons lo occupy s.~m¢ v.'tthoul thc wrilIen conscnl of' LESSOR Any such assisru'nent or sublcttlnS, even ~.~.lth the consent oFLESSOR, shall not relieve LESSEE from liabihlv for payment o£rcnt or other sums herein p'o'.ided or from the obligation to keep and be bound by the terms, c'ond~fions and covenants of Ibis Le~se The a:cep~anee orrem f'rom an', o~her person shall not be deemed to be a ~awer ofans oflhe provisions of ~h~s Least or ~o be a conscm to thc assicnmcnt of riffs Lease or subletlin~ of :he Demised Premises Jl:.;; 7 '0 ARTICLE .8. Indemnity LESSEE. in consideration of Ten Dollars (SIO00), the receipt and sufficiency of which is hereby acknowledged, shall indemnify, defend and hold harmless LESSOR, its agents and employees from and asains! s"~d ~11 liability (statuto~' or other'o.'ise), damages. claims, suits, demands, judgments, costs, interest and :nses (including. but not limited to. attorneys' fees and disbursements both at trial and appellate levels) ,ni~ directly or indirectly, from any injury to. or death of, any person or persons or damage to property (including loss of use thcreo0 related to (Al LESSEE'S use of the Demised Premises. (B) any work or thing w~,tsocver done, or any condition created (other than by LESSOR. its employees, agents or contractors) by or on bci'.d,f of LESSEE in or about thc Demised Premises, (C) any condition of the Demised Premises due to or rcs~lting from ~y default by LESSEE in the perforn~ance of LESSEE'S obligations under this Lease, or (D) any ac~. omission or negligence oFLESSEE or its agents, contractors, employees, subtenants, licensees or invitees. In ~.se Ny action or proceeding is brought against LESSOR by reason of any one or more thereof, LESSEE shall pay ~1 c~s'~s, attorneys' fees, expenses and liabilities resulting therefrom and shall defend such action or proceeding ifL.~SSOR shall so request, at LESSEE'S expense, by counsel reasonably satisfactory to LESSOR The LESSOR shaII 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 from the street or sub-surface, or from any other place, or for any inte~'ference caused by operations by or for a governmental authority in construction of any public or quasi-public works. The LESSEE agrees tc: hold the LESSOR harmless from an} claims for damages, except ~'here such da.,'"nage or injury is the result of the gross negligence or witlful misconduct of the LESSOR or its employees ARTICLE 9 Insurance LESSEE shall provide and rnainlain general liability and property liabilily insurance policy(les), approved by the Collier County Risk Management Depamment, for not less than One Million Dollars and No/Cents ($1,000,000 00) combined sir. gle limits during the term of this Agreement Also. LESSEE shall provide and m~.int,6n at all times watercraf, hability coverage of F~ve Hundred Thousand Dollars and No/Cents (S500.000 combined single limits and pallufion liability coverage of One Million Dollars and No/Cents ($I.000.000 00) combined single limits ]n a3difion. LESSEE shall provide and maintain Worker's Compensation Insurance icenn~ all cmplovees meefir;~ Sta'u'cn Limits in compliance with the applicab!e state and federal laws The rage shall include Emp!o',er's Liabii~:',' ¥,mh a m~r, imum limit of One Hundred Thousand Dollars and NoqO0 ~l~Ents ($100,000 00) each acci'den: Such insurance policy(les) shaIl lis: Co',',ier County as an additional insured thereon Evidence of such insurance shall be provided to the CoIher Count}. Risk ,Management Depa,"tment, 330~ East Tamiami Trail Admirdstra:ion Building, Naples, Florida. ]395", for approval prior to the commencement of this Lease Agreement, and shall incIude ~ provision requ:r:n$ leq (10) da.ss prior written no:ice to Collier County c/o County Risk ~anaGement Department in the event o,r cancellation or changes in polic.,,(~es) covera_~¢ The LESSOR rese,,-,.es the righ~ io reasonab!v amend the insuranze requirements stated in th~s Lease issuance of notice in wrmng to, LESSEE, ~hereupon receipt o£such rotate. LESSEE shail have N:ne~ (90~ davis in which to obtain such appropriate insurance Said amended insurance coverage shaI! reflect lhose s:~,ndards like events conducted within the United States of Aznerica ARTICLE l0 Maintenance and Improvements LESSEE shall, at its sole cost and expense, keep the Demised Premises clean at all times if said Demised Premises ~ze not kept clean i:~ the opinion of LESSOR, LESSEE'S manager will be so advised in writing IF corrective action is not taken within twenty (20) days of the receipt of such notice, LESSOR will cause the same to be cl~a.~ed and corrected and LESSEE shall assume and pay ali necessa~' cleaning costs and such costs shall constitute additional rent '.,,'hi:h shaI! be paid by LESSEE within ten (10) days of receipt or' written notice of costs incurred by LESSOR Thc LESSEE, at its sore cost. shall repair all damage to the Demised Premises caused b} LESSEE. ~:s employees, agents, independer:: contractors, guests, m~itees, licensees, or patrons The LESSEE, at i{s sol: cos:, shall remose from the Demised Premises in accordance with a]] a?p]icab]c s. laws and regulations, a!! solid, liquid, sernisohd, and Gaseous trash and waste and refuse of any naJure tsoever wh!ch might accum,~la,,e and arise From the opera:ions of:he LESSEE'S business Su:?, trash, '.~aste refuse shall be stored in c):.sed containers appro',ed b) th.-' LESSOR The LESSOR will, at its discretion, treat thc Lake for weeds Thc LESSOR will arrange for removal of alligators when¢``'er necessary and after wrilten notice ~s provided fi`om LESSEE Thc LESSEE is authorized to landscape and provide security lighting on the Demised Premises, all at LESSE.~'S own expense, whh LESSOR'S prior wrincn approval. The LESSEE will provide general !inet pick-up and miscellaneous tasks such as painting of picnic tables and the like of the entire Lake Avalon Park as an Adopt+Park pamicipant. A~ s~ated in .~"'dcle I of this Lease, LESSEE shall be responsible for the sole cost and expense of' ~ns'tructing. operating and maintaining the approximate three thousand (3,000) squsrc foot, initial phase, two (2) ~o~ s~cturc w~ch ~11 accommodate concession stands, storage for boats, locker rooms, equipment storage ~d ~dmi~strativt o~ces Security fencing will aIso be peri:ted, if deemed nccessn~ by both panics ~SS~ ~II ~so be permitted to locate a two (2) bay maintenance bu~Idin8 on the she These improvements ~1 comply ~th all of thc ~c~s specified in Article S of:his Lease ARTICLE 11 Default by LESSEE Failure of LESSEE to comply for ninety (90j days wilh any material provis;on or covenant of this Lease shall constitute a default, LESSOR ma>'. at its option, terminate this Lease after thirty (30) days written ne:ice to LESSEE, unless the dcFauh bc cured wkhm ~he no:~ce period (or such add~6onal time as is reasonabl> required tO CO.eCl such dcfau1:) Ho~ ever, the occurren~ or nn) of Ihe following c~enls shnll consHtu~e n dcfn.h by LESSEE. and this Lense mn} be immcdin/e/y terminnled b) LESSOR: (a) Abandonmen: of'Demised Premises or discontinuation ofLESSEE'S operanon (b) FaIsiScafion of LESSEE or an agen: of LESSEE of an.`` report required to be furnished to LESSOR pursuar,: lo the terms of this Lease (c) Filing ofinsolven:y, reerganiza:ion, p!an or arrangement or bank,~p:c.', (d) Adjudication as bankrup: (e) Making ora genera', assignmen: of:he benefit ofcredilors (f) If LESSEE suffers :his Lease to be taken under an`` ',,,'ri: of execution If LESSOR is name5 in a litigation suit as a resuh oFLESSEE'S use a: the Demised Premtses. and LESSEE is found to be a: fault at the ::me of final jud~menk LESSOR wilI have the righ: to terminate this Lease In the event of the occurrence of any or'the foregoing defaults in this ARTICLE l l, LESSOR. in ad~:::on to any other rights and reined:es it ma)' have, sba!! haxe the immed:a:e righ: to re-cruet and remove a~t perso:',s and property from the Demised Premises Such property may be removed and stored in a public warehouse or elsewhere at the cost of and for the account of LESSEE, all whhout service of notice or resort to legal process and without being deemed guih)`' o£ trespass, or bein~ hable for an.',, loss or damac, e ~hich ma,,. be occasioned thereby. IFLESSOR so directs LESSEE, LESSEE shah remove all property from th~ Demised P~emises in a ~me allowed by LESSOR I£LESSEE does not remove fha! proper,:,, by the LESSOR'S specified time. LESSOR shah have the fish: to enforce i.'s rich: as stated above in this paragraph The LESSOR ma),' at its option term~nale this Lease after receipt by LESSEE of thin)` (30) days nouce m writing ifa lien is filed a.gains', the leasehol~ interes: of the LESSEE, and not removed within thin),' (30.) da)`s. pursuant to the Florida ,'``'Iechanics Lien Lax,,' ARTICLE 12 Def..ul: ~ LESSOR LESSOR shaU :n no e'.en: be charg:% '~nh defiul: in the performance cf an', of irs obhua:ions hereunder unless and un:il LESSOR sr. aZ rase failed :o per:arm such obliga:i~ns v.i:hin th:n,, (30) days (~r such ad,mona'. time as is reasonably required :o cor;ect such defauh) after no:ice ~o LESSOR bi LESSEE properl.', spec,.,q, mL.: · ,,.'herein LESS.OR has far!e;! tc ;¢,-.'orm eh'.,' such obt:..cauans ARTICLE t3. Notices Any notice which LESSOR or LESSEE may be required to give to the other pony shall be in writing to the other po.ny at thc following addresses 01',: Bo~'d of County Com~ssioners c/o Red Property Mgmt. Dept 330t T~':iami Trail East Ad.':: r.:str~fion Building lq:. ~:.Florlda 34112 LESSEE: Gulf Coast Skimmers Water Show, Inc. 4002 Cindy Avenue Naples, Florida 34112 :'ice of the County Attorney · .s and Recreation Depznment 14. SurTender of?remise~ .ESSEE shall deliver up and surrender to LESSOR possession of lh¢ Demised Premises and any :moms not removed upon expiration of this Lease, or its earlier termination as herein provided, broom .rd in as good condition and repair as the same shall be at the commencement ortho term of this Lease or ,ye been put by LESSOR or LESSEE during the continuance thereof, ordmar~ wear and tear and damage .,; or the clcmcms beyond LESSEE'S control excepted .RTICLE 15. General Pro'.'isig'~ LESSEE full)' understands that the police and law enforcement s¢curhy protection provided by law rn$orccment agencies for the above-referenced Demised Premises is limited to that provided to any other L usincss or agency situated ir. Collier County, and acknowledges that any special security me,tsures deemed necessary for additional protection of the Demised Premises shall be the sole responsibility and o£LESSEE and shall in,,oive no cost or expense to LESSOR e · ESSEE expressly agrees for itself, its' successors and assigns, to refrain From any use o£ the Demised : which would inle,d':re with or adversely affect the operation or maintenance of LESSOR'S standard s where ocher operat:ons share common facilmes (a) }: :.h:s not specificaib :iran:cd thc LESSEE bv this Lease arc hercb.', rescr,,'ed to the LESSOR (b) LESSEE agrees to pay all sales :ax ;mposed on the rental oi' the Demised Premises where applicabi~ u~. '-er taw (c) LESSEE agrees to pa.,, all intan_uible personal property taxes that mav be imposed due to the creaion. b) this Lease, ora leas.'ho~d mlerest in the Demised Premises or LESSEE'S possession of said leasehold interest in th,: Dom:sod Premises ARTICLE 16 LESSOR'S / I.ESSEE'S Commi:mems LESSOR shall provide aluminum bleachers to accommodate up to one thousand (1,000) people during the months of November through March and five hundred (500) people during the months of April through October until the LESSEE builds a permanent covered grand stand facility LESSEE shall complete construction of the potent covered grand stand two (2) years from the commencement date of this Lease If this date cannot be met, LESSEE shall provide LESSOR with written nouce not less than sixty (60) days prior to the scheduled completion date to noti~' LESSOR of incomplction LESSOR and LESSEE shall, at that time, agree on a new completion date The size of thc permanenl covered grand stand faciti=y shall not exceed the available parking whkh ~,,, accommodate approximately Seven Hundred (700) to One Thousand (1000) persons LESSOR agrees, if permits can be obtained, to provide signage on US 41 east and ',,,'est bound lanes, compatibIe to Florida De?anment of Transportation standards to announce LESSEE'S activhies LESSOR shah no: authorize an.',' motorized public walercrafi to bc operated on Lake Avalon other than ~se belonging to LESSEE :hat ~ili be used for LESSEE'S activities In the r.'ent a canoe, rog,. boat. paddle boat or other boat concession is installed at Lake Avalon Park. LESSEE will have the first right ofre£usal of said concession For s'~fety purposes, LESSEE shall be consulted 5 ~to the Ioc~don and operation o£a boat concession Proceeds From a boa! rental concession will be addressed in a s, epua;e agreement if LESSEE will be authorized to conduct those activities L~SSOR will enforce that no fishing takes place along the beach used by the LESSEE, or from any boats in LESSF..F.'S practice or show areas. The L~e will not be available for public boating when being utilized by LESSEE for performances, but w~ll b~ av,,ilable for County programs or activities including fishing from the shore or docks with the exception of the LESSEE'S Demised Premises L~SSOR will not perr;~it an)' other boats on the Lake during the Skimmers performances LESSEE and/or LESSOR shaJI cl~ar the Lab: fifteen (l S) minutes prior to all performances LESSOR ',,,'ill provide additional sand along the Demised Premises beach area to be placed where deemed ncccss.,~'y by LESSOR LESSEE ma)' notify LESSOR of the need to provide sand along the Demised Premises LF. SSOR will alio~~ LESSEE to host private Functions on the Demised Premises for award banquets. birthday panics, youth group organiz:,tions as Iong as the LESSEE provides the LESSOR one (il week's notice ~d it is a C"ul£Coast Skimmers event LESSOR shall provide LESSEE with wrmen approval of request LESSOR *.'ill pen'nit LESSEE to display signagc from major sponsors contributing to thc LESSEE'S pro.ams Io be displayed on:}' durin.~ show times No alcohol or tobacco signage will be permitted LESSOR will permi~ LESSEE to floal ski jumps, backdrop floats, docks and slalom courses LESSEE v,i]l be pcrrrdtted to place decorative floating fountains i~ ~he show course LESSEE shall be permit:ed to continue flying its Delta Wind Hang Gliders in the ski shows which requires approval from the City of Naples ,,~rpom Authority LESSOR shall aIIov.. LESSEE to conduct operations and acfi',mies at the Demised Premises throughout fimc LESSOR shall make ~mproxvcments to the Lake Avalon Park Parking for attcndees of LESSEE construction shall utilize parkm~ in those area designated by LESSOR as Pubhc Parking LESSOR shall be peru;it:ed to rexv~e'~ and audit bookkeeping records maintained by LESSEE LESSOR'S impre,,.emen:s to Lake Avalon Park v.'d! include ample parking for ?00 to 1000 peo?le LESSEE is permitted to utilize :his p~rk:ng area and understands that :hese are unreserved spaces to be used ~1 public attendees of Lake A', alo, n Park LESSEE. wkh LESSORS v, ri:len approval may ad8 add;:~onal sho:~.s ;f the demand increases abo~.e current capacity LESSEE. wkh LESSOR'S v,.rit:en appro~.al, shall make seasonal time changes for performances LESSEE m:Lv charge an admission fee with LESSOR'S vvn:~en appro'..'at. Fur LESSOR ma)' negotiate a percent:,~c of that fee lo be paid to the LESSOR If LESSOR institutes a park entrance fee, those people attending the LESSEE'S performance would be exempt from that fee, LESSEE shall be authorized to utilize a public address system during performances and LESSOR '.,.'ill mordtor the decibel level LESSEE shall adhere to Collier Count.',' Code Compliance For sound level limits for use oFpublic address systems ARTICLE 17 En'.'ironmcnI~l ~'9n¢¢rn~; LESSOR will a!Io'~ LESSEE :o ins:all and maintain up Io a fi'.,e h:ndred (500) gallon, above-ground fuel storage tank on the Demised Premises not for resaie, bul lo fl.'el LESSEE s~a~ercrafl on!v The panics hereto ac,<nowled_~e :hat cena:n federal, state and tocai laws. regulations and guidehne are in e~dstence or may hereafter be enacted relating to or affecting the Demlsed Premises regarding the smpact on the environment of LESSEE'S opera:ions Subsequent :o :he effec:i',.'e date of this Lease, LESSEE ',.,.'ill nol cause, or perm, Jr to be caused, an,'.' act or prac:::e, by neghgence, omission oihe,'-'~.isc ~hat s'~ould result ~n a v~ola:ion ef an.', of these la~s. ~;egulations or gu~¢ehnes LESSEE agrees to take all actions, at its sole cost and expense, required now or in the future by the 'U~tecl States £nvironmental Protection Ageno'. the Florida Department of Natural Resources or the Florida Dcp,,.'~ment ot'£nv~ronment~l Resulation. Collier Count)' Pollution Control Deparlment under the Environmental S~r~ces Division or an)' olher agenc)', w~th regard to environmental matters caused by LESSEE'S ,ets or LESSEE represents, warrants and ,grecs to indemnify, reimburse, defend and hold harmless LESSOR. fi.om ~d ,,g~inst ill costs (including attorneys Fees). costs o~' investigation and testing or other damages asserted ng,,inst, imposed on or incun'¢d by LESSOR directly or indirectly pursuant to or in connection with the appli~tion of say federal, state, local, common law ot environmental laws. regulations or guidelines rdafing to pollution or protection of'the environment LESSEE shall obtain all required local, slate and Federal environmental permits lnd the Collier Count>' Envlrom'ncnt~,) Services Db.'ision shall have access to the site at any reasonable time for any reasonable duration For wy kind o£environmemal inspection and monitoring ARTICLE lg. Radon G.~ In compliance with Section 404 056, Florida Statutes, all panics are hereby made aware of the Following R. sdon is a naturally occurring radioactive gas that. when it has accumulated in a building in sufficient qu~tities, may present heahh risks to persons who are exposed to it over time Levels of radon that exceed federal and state guidelines ha~e been found in buildings in Florida Additional information re~arding radon an~ rsdon ~esting m~y bc obtained From your county public heahh unit ARTICLE 19.Extent 91' iLL~ Ali persons to whom these presents may come are pul upon notice of the Fact that thc interest of the LESSOR in the Demised Premises shaII not be subject to liens For improvements made by the LESSEE, and hens For improvemems made b> the LESSEE are specifically prohibited From attaching to or b~comin~ a lien on interest or,he LESSOR in th~ Dem~sc~ Prcmis~s or any pan of~i~her This notice is Bwcn pursu=n~ [o thc pro~sions of and in compliance with Sec:ton 713 10. Florida S~a:mes LTICLE 20 EffectKe Da:j T~s Lease shall becorn~ effective u~on execution by both LESSOR and LESSEE ARTICLE 21 Term, ina;ion 9:'Prigr ~.;a~; A§r~;,ment The Lease Agreement bet'.veen LESSOR and LESSEE dated August 22. 1995 is hereby termina',ed ARTICLE 22 Go'.':rnin~ Las~ This Lease shall bc go~,emed and construed in accordance ~i~h the la',~s of:he Sta~e of Flonda [hi' ~;gqTN'~SS W]-~REOF, the panics hereto have hereunder set £onh their hands and seals AS TO ~ LESSOR DATED: ATTEST: Dg, qGHT E BROCK. Clerk . Dep.~t]. Clerk BOARD OF COU'NTY COXO. IISSION'ERS COLLIER COLrNTY, FLORIDA , Chairman AS TO LESSEE: DATED: WIT~"F..S S (signature) (print name) WITNESS (signature) (print name) BY GULF COAST SKINg-.fERS WATER SKI SHOW, rNc JOHN V. GURSOY, President Approved as to form and legal sufficiency: Hcidi FAshton Assistant County Attorney EXECUTIVE SUMMARY RECOMMENDATION THAT THE BOARD OF COLLIER COUNTY OoMMISSIONERS A UTI:i'ORIZE THE CHAIRMAN TO EXECUTE A CONSTRUCTION AGREEMENT WITH THE GULF COAST SKIMMERS WATER SKI SHOW, INC. FOR AN 800 SEAT COVERED GRANDSTAND FACILITY OBJECTIVE: To build a grandstand facility that will accommodate the public for both water ski shows and County events. CONSIDERATIONS: The original lease with the Gulf Coast Skimmers (the Skimmers) required that the construction of a grandstand and a boat storage building be the responsibility of the Skimmers. The original rough cost estimate for the grandstand facility of $200,000 was developed by Skimmers President, John Gursoy, in conjunction with a professional construction estimator and was based on a number of donations of materials and labor. Following the execution of the lease between the Skimmers and the County, Mr. Sugden offered another donation of $200,000 to the park project in addition to the :$500,000 that he had originally provided. The additional donation was made specifically for the construction of the grandstand. However, the donation was made to Collier County rather than to the Skimmers, again because of the long term stability and surety that is local government. This donation was accepted and authorized by the Commission by agreement. Because the responsibility for the construction was originally to be borne by the Skimmers, and the amount of the cash donation was based upon an estimate that included donated material and labor, the attached agreement was developed whereby the Skimmers will construct the grandstand facility. The agreement provides for a licensed general contractor, County approval of plans, County construction inspection, indemnity and insurance and a requirement that the facility, like an)' other constructed within a County park, will become the property of the County' upon completion The agreement has been reviewed by the County's Purchasing Department and by the County Attorney's Office A/so attached is a revised lease agreement, which removes the responsibility for the cost of the grandstand from the Skimmers and reduces the area leased by the Skimmers to reflect the County's ownership of the grandstand facility GROWTH MANAGEMENT ~IPACT: The value of the facility will be counted toward the County's requirement for recreational improvements. The structure is anticipated to be worth more than the 5;200,000 spent to construct the project and the full value will be credited to the County inventory. FISCAL IMPACT: The County's cost for the increased inventory value will be negligible and is anticipated to include some internal service costs to provide the construction inspections services. The donation, as was the case previously made in the form of stock which has since been sold and the $200,000 deposited with the County's Finance Department. JAN 0 ? ~qg7 RECOMMENDATION THAT THE BOARD OF COLLIER COUNTY COMMISSIONERS, authorize the Chairman to execute a construction agreement with the Gulf Coast Skimmers Water Ski Show, Inc. for the construction of an 800 seat covered grandstand facility at the Sugden P, egional Park. Prepared by: /~/t~n,, ~,-~~{~ Thor~as W-70lliff,-P-~c Services Administrator SUGDEN REGIONAL PARK GRANDSTAND AGREEMENT TF[IS AGREEMENT RE: SUGDEN REGIONAL PARK GRANDSTA_N~ (Agreement) is entered into on this day of ,1996, between GULF COAST SKIMMERS WATER SKI SHOW, INC., (Skimmers) a Florida Not-For Profit Corporation, and THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, (County) and sets forth the terms and conditions for the development of a grandstand facility at Sugden Regional Park, Naples, Florida. WHEREAS, the County agrees to authorize development of a grandstand facility at Sugden Regional Park located in Naples, Florida; WHEREAS, the Skimmers desire to develop tee grandstand facility located at Sugden Regional Park and complete the projcct to the satisfaction of the County. NOW, THEREFORE in consideration of the mutual promises and covenants exchan;~ed herein, the parties agree as follows: ARTICLE 1. Demised Premises. The premises involved consists ofthe southeast part of the lake as highlighted on the attached Master Plan. Article 2. Term. The term of this Agreement shall be a minimum of one (I) year commencing on August I, 1996, and ending August 1, 1997. The Skimmers agree that all construction and improvements will be completed by the expiration of the first year of Agreement. A~icle 3, Modifications to Faqilj_~, I. Prior to making any changes, alterations, additions or improvements to the demised premises, the Skimmers will provide County with all proposals and plans for alterations, improvements, changes or additions to the demised premises for County's approval, specifying the nature and extent of the desired alteration, improvement, change or addition, along with the estimated starting and completion time for the project, and including factual budget statements showing sufficient funding to camplete any phase or phases of the changes, alterations, additions or improvements to the demised premises. If upon obtaining the County's consent and commencing said changes, alterations, additions, or improvements, the Skimmers fail to complete its work within the completion time as approved by the County, County may, at its election, complete said changes, improvements, alterations or additions, in which event all improvements will belong to the County free and clear of all liens or claims. 2. The Skimmers covenants and agrees in connection with any maintenance, repair work, erection, construction, improvement, addition or alteration of any authorized modifications, additions or improvements to the demised premises, to observe and comply with all present and future laws, ordinances, rules, regulations and requirements of the United States of America, State of Florida, County of Collier and any and all governmental agencies having jurisdiction. 3. All alterations, improvements and additions to said demised premises shall be made in accordance with all applicable laws md shall at once, when made or installed, be deemed as attached to the freehold md to have become property of County and shall remain for the benefit of County at the end of the term or other expiration or termination of this Agreement in as good order and condition as they were installed, reasonable wear and tear accepted. If, prior to the termfination of this Agreement, or within thirty days therea~er, County so directs, the Skinumers shall promptly remove all construction materials, debris and equipment. County may effect said removal at the Skimmers' expense upon Skimmers' failure to timely and/or fully remove ail such materials, debris and equipment upon notice by County. 4. Upon commencement of this Agreement, the Skimmers shall construct the grandstand facility as described above on the demised premises in a business-like and responsible manner, and the Skimmers actions shall not corn]ici with County's regular control and daily operation of the Sugden Regional Park. County will continue to maintain regular actMties and services at the Park, but will not cause any delay to the construction of the grandstand. 5. The Skimmers covenants and agrees not to use, occupy, suffer or permit the Park or any part thereof to be used or occupied during the construction of' the grandstand facility except for the grandstand facility. ~'-ticle 4. Access to Constr~ction Site County, its duly authorized agents, representatives and employees shall have the right after reasonable notice to the Skimmers, to enter into and upon the demised premises at all reasonable hours for the purposes of inspection Article 5. Indemnity and In$0r~nc¢. 1. In consideration ofTen Dollars ($10.00), the receipt and sufficiency of which is acknowledged by signing of this Agreement, the Skimmers covenants and agrees that it will defend, protect and save and keep County forever harmless and indemnified against and from any claims, suits, and actions, penalty, damage, injury, cost, attorney's fees and other charges imposed for any violation of any law or ordinance, whether occasioned by the neglect of the Skimmers or those holding or acting under Skimmers, and that Skimmers will, at a!l times, defend, protect, indemni~,' and save and keep harmless County against and from all claims, suit:; and actions, loss, injury, cost, attorney's fee, damage and expense arising out of or from any accident or other occurrence, on or about the demised premises causing injury or death to an)' person or damage in loss of personal property whosoever and whatsoever during the term of this Agreement and all e:ctensions hereof. The Skimmer's obligation under this provision shall not be limited by Skimmers limit of, or lack of, insurance protection. The Skimmers shall obtain and maintain with a reputable insurance company, at its sole cost and expense, public liability insurance against property damage or personnel injury arising out of the construction and use of the grandstar, d facility. Said insurance must specify detailed coverage on the grandstand facility. JAN 7 1997 2. The Skimmers and/or Skimmers' general contractor shall take out and maintain during the course of this Agreement, comprehensive general liability insurance coverage, including bodily injury and properly damage, in the waoun! of not less than $1,000,000 combined single limits. The Board of County ~mmissioners of Collier County shall be listed as an additional insured on said policy. 3. The Skimmers and/or Skimmers' general contractor shah comply with Florida's Worker's Compensation Law. The insurance coverage shall be for statutory limits in compliance with the applicable state and federal laws. The policy must include employer's liability with a minimum limit of $100,000.00 each occurrence. 4. All insurance policies required shall be issued and written with a company or companies authorized to engage in the business ofgeneral liability insurance in the State of Florida and authorized to do business under the laws of the State of Florida, v, ith the following qualil,cations as to management and financial strength: The Company must be rated no less than "A" as to financial rating in accordance v,~th the latest edition of the Best's Key Waiting Guide published by AM Best Company, Inc. 5. The Skimmers and/or Skimmers' general contractor shall deliver to County customary insurance certificates of insurance prior to the construction of the grandstand facility which certificates shall clearly indicate and evidence such paid up insurance and that said general contractor has obtained insurance in a type, amount and classification as required for strict compliance with this Agreement. The said general contractor shall agree to make no changes, or cancellations of the insurance without thirty (30) days prior l~v, zitten notice to County The said general contractor shall assure that the insurance coverage provided hall require the company or companies writing such insurance policy shall provide to County, ~zitten notice ofcancellation t~rty (30) days prior to any such proposed cancellation. County reserves the fight to reasonably amend the insurance requirements by issuance of notice in writing to the general contractor Said insurance shall not exceed that required by the County for similar projects. Upon receipt of such notice the General Contractor shall have thirty (30) days in which to obtain such additional insurance. .' Article 6. U'tilitie$. The Skimmers v,411 be responsible for all utility service charges during the construction of the grandstand facility. Article 7. Development S'!dmmers shall be responsible for the retention of all necessary professionals, contractors and subcontractors, etc., to complete the construction of the grandstand facility. All of same shall be legally licensed to do business in Collier County and possess valid Occupational Licenses. Skimmers shall be responsible for all payments to all of same and does hereby and shall indemnify and hold harmless County for any claims against County arising out of the construction of the grandstand facility. Skimmers shall use all due diligence to attempt to obtain reasonable bids and quotes for each phase of construction of the project. County m~y review all bids received by the Skimmers. The facility must be designed as shown in the attached Site Phm. ~ JAN 0 7,199'7 Article $ Financing 1. County ,grces to contribute to the development of the facility in the amount of $200,000 for thc construction of the grandstand facility. The Skimmers covenants and agrees that it will continue to solicit contributions and donations from other members of the community to help offset the expense of thc construction of thc grandstand facility. They shall provide the County w~th written updates as to the financing and expenditure of County funds for this project. The County reserves the right upon reasonable notice to audit the account or accounts' for the construction project. 2. Payments shall be made to the Skimmers wit~n 30 days of receipt of a summary invoice and the supporting invoices from the project's general or sub-contractors, and upon satisfactory review by the County or its authorized representatives. Article 9, General Provisions. I. The Skimmers fully understands that the police and law enforcement security protection provided by law enforcement agencies for the above-referenced demised premises is limited to that provided to any other business or agency situated in Collier County, and acknowledges that any special security measures for additional protection of the demised premises shall be the sole responsibility and cost of the Skimmers and shall involve no cost or expense to County. 2. Skimmers agree that the facility shall be open to the public; however, the Skimmers shall have priority use of the facility for activities, performances, practices, events, and or programs after County activities are scheduled as long as Skimmers remains a not-for-profit corporation in good standing and maintains an active roster of at least twenty-five (25) youths who are 19 years of age or younger. It is hereby agreed that a schedule of dates for activities, performance.;, practices, events, and or programs shall be established in advance by both the County and the Skimmers so as to avoid scheduling conflicts. This schedule must be agreed upon no later than 30 days prior to event, league, or program. Skimmers expressly agrees for itself, its successors and assigns, to refrain from any use of the demised premises that would interfere with or adversely affect the operation or maintenance of the County's operations at the park. Article I0. TCrminati0n Should the Skimmers' general contractor be found to have failed to perform his services in a manner satisfactory to the County as per Specifications, the County may terminate this Agreement immediately for mo.~.-~ JAN 0 7 1997 cause with a £ouneen (14 day written notice. The County shall be sole judge of non-performance. shall be responsible for payment ofall work performed up to the date oftermination. O A,~l.~..~,_~'ecfi ye Date This Agreement sha31 become effective upon execution by County and Skimmers. IN WITNESS WH~OF, the parties hereto have hereunder set forth their hands and seals. County As to County: Dated this__ __ day of 1996 BOARD OF COU'NTY COM:M1SSIO~9.S, COLLIER COUTqTY, FLOILIDA Attest: Dwight E. Brock, Clerk of Courts By: , Chairman As to S 'kimmers: )ated this day of 1996 Gulfcoast Skimmers, Inc WITNESS: By John V. Gursoy, President (Printed Name: (Corporate Seal) (Printed Name: Approved as to form and legal sufficiency: David C. Weigel Count), Attorney EXECUTIVE SUMMARY RECOblMENDATION Tt:iAT THE BOARD OF COLLIER COUNTY COMM~ISSIONERS AUTHORIZE PURCHASE ORDERS WITH IBIS INC., MAG, 13/C. AND SUNSI:I'INE EXCAVATORS FOR WORK ASSOCIATED WITH SUGDEN PARK OBJE~: To authorize contracts with design professionals and a la. nd clearing firm that will allow for the continued progress ofthe park. CONSEDERATIONS: The work completed to date on the design of the Sugden Regional Park proje~ has been accomplished primarily through the generosity of volunteer design and permitting professionals. Ms. Karen Bishop of PM'S, Inc., has put a great deal of her firm's time and personal effort into this project and has coordinated the other interested design professionals. Other volunteers that must be recognized as having either already contributed, or have committed to contribute, include; Mr. George Fogg, Mr. Stan Chrzanowski, Kent Carlyle of Bill McAnley and Associates, and Tun'ell and Associates. With volunteer efforts, the project has been able to progress to final site development plan approval without having to contract with a design firm. The cost estimate for all design work including site development plans for this first phase of the park's construction would be expected to cost the County between $100,000 and $150,000. The attached two agreements total $12,000. Any other services needed are available through existing County annual contracts. The IBIS contract provides for the design of those park items that are unique to this project, e.g. beach cross sections, lifeguard stands, etc. The second contract with MAG, Inc., is strictly for the CAD work necessary to produce design drawings and site plans. The construction bid documents, which will include detail design drawings and specifications for every element of the construction, will be cc)mpleted at a savings of $50,000 to $75,000. The third contract attached is an agreement with Sunshine Excavators to clear exotics from an ,~dditional 8 acres of the property at a cost of $3,500 per acre or $28,000 total. Sunshine was awarded a contract based on competitive quotes for the clearing necessary for the Fa. ntasy in Fire event, and has agreed to provide this additional cleating for the same cost per acre. This will clear the entire area that is going to be constructed in this first phase, including the area for the grandstand. Permits are in hand today to allow for this work to be done. Should permitting agencies allow some of the exotics to remain and serve as a buffer between the park and the homes located on Guilford Road, this will be pursued based on the resident's desire. However, it would be staWs recommendation that these exotics be removed, and park plantings installed as earl)' as possible to provide the maximum amount oftime for grov,-th, foliage fill in and the creation ora more opaque and pleasant barrier. Agent. JAN 0 '~ ~o.o~ FISCAL IMPACT: The cost for the three contracts being recommended is $40,000, Funds are aval!able within fund 306, cost center ] 16360 (Sugden Regional P,'u'k Phase I) for these costs. GROWTH MANAGEMENT IMPACT: For this particular request there is no GMP impact, however, ~I1 improvements to ti'ds park will count toward the County's required regional p.~k level of'service. IZECOMMEN~I)ATION THAT THE BOA1LD OF COLLI~ER COUNTY COM'MISSIONERS, waive the purchasing requirements and authorize the attached three contracts with I~IS, Inc., MAG Inc., and with Sunshine Excavators to provide for design, CAD and land clearing ser~4ces associated with Sugden Regional Park. Th0ma's W. Olli~ ~ic Services Administrator EXECUTIVE SUb~IARY APPROVE FUNDLNG TO THE MARCO ISLAND CHAMBER OF COM3dZRCE FOR $94:8,896 FOR TOURIST DEVELOPMENT, CATEGORY B FUNDS OBJECTIVE: To approve funding to the Marco Island Chamber of Commerce for $948,896 for advertising and promotion, Tourist Development Category B funds. CONSIDERATIONS: At the December 2, 1996 meeting the Tourist Development Council reviewed grant applications for Category B, advertising and promotion. The Marco Island and Everglades Convention & Visitors Bureau had requested at that meeting that unspent balances remaining from prior year allocations ($539,524) be included with the 1997 allocation of $409,372 for a total of $948,896. The Tourist Development Council approved the 1997 allocation and the concept of prior year balances being rolled over pending final determination of the balances. The vote of the TDC was unanimous (7-0). The contract reflects a total allocation of $948,896. The contract is a payment contract, that is the Finance Department will issue checks to the vendor, Marco Island Chamber of Commerce, based on invoices to them. GROWTH MANAGEMENT IMPACT: None FISCAL IMPACT: Sufficient funds are available from prior allocations and reserves in Fund 194 RECOMMENDATION: Approve fimding the Marco Island Chamber of Commerce for $948,896 Category B Tourist Development funds and authorize the Chairman to sign the attached contract. Prepared by: Date: Reviewed by: Reviewed by: Jean Gansel, Budget Analyst Heidi Ashton, Assistant County Attorney Michael Smykowski, OMB Director Date Iz13t Igi. Date: AGENDA ITEM No. JAN - 7 1997 Collier Count)' Tourisl Developmen! Council Grant Application Funding for Category B (Promotion and Advertising of Tourism in Collier Count)') and Categon., C (Local projects which promote tourism in Collier Count)') Completed applications must be received at the below address no later than 5:00 P.M. November 1, 1996. Administrator Collier Count,,' Tourist Development Council Count>' Manager's Office 3301 Ea.q Tamiami Trail Naples, FL 33962 Name and Address of Applicant Organization: Marco l,land Area Chamber of Commerce Marco Island and The Everglades Convention & Visitor Bureau 1102 North Collier Blvd Marco Island. FL 33937 Contact Person. Tide. and Phone Number: Sandi Trapasso. Interim Executive Director- 941/394-7549 Organization's Chief Official and Title: Victor Yordan - Marco Island and The Everglades Convention & Visitor Bureau Chairman Is this ,'m application for Categor?' B (promotion and advertisinu of Tourism in Collier County) or Calegory C (local projects and/or aclivities which p~'omote tourism in Collier Counly)? Check one: Ca~egor'y B X CategoD' C Ho~v much TDC funding is .,,'our organization requesting.'? S409.372.00 AGENDA ITEM No. ' , ¢ JAN - 7 1997 Briefly describe program including: Your organization's capability to promote Collier Coun~'y as tourist destination. Masco Island and The Everglades Convention and Visitor Bureau's efforts to significantly increase off-season tourism to thc area have been successful over the pa..gl three years, since 1994 when the first destination public relations and ad`,'ertising campaign began. In fiscal 1996 alone. Ihe arca has ~en a 36~ incrcaqe in bed tax revenues compared to Fiscal 1995 and total inquires for 1996 jumped to 398.000. Our marketing goals will be to continue to increase market share from domestic travelers in Florida and thc Northeast and Mid`,vest. as ,,,.'ell ms from the prim,wy international markets of the U.K. and Germany. Our emphasis is to generate additional revenue/`,'isitors during traditional shoulder periods of the sea.~on. Thi~ year's aggressive plan. also lakes ad`,'antage of cooping with thc State of Florida Tourism Commission using their pay-per-inquiry television opportunity domestically. In addition, v,'e ,,,,'ill be v,'orking with Naples. Golden Gate and Immokalec to de`,'elop cooperative promotional programs, as `,,,'ell as to develop a synergy with regard to trade show efforts. Maximizing our.joint relationship will provide spending efficiencies and insure that the market is delivering a unified message. Geographic focus of promotion, i.e. Collier Count>'. Marco Island. Everglades. etc. Marco Island The Everglades 7. Application must be accompanied by the following: a) Verification of not-for-profit status - On file b) Last fiscal year financial statement - Attached c) Incorporation papers unless specifically waived by TDC - On File d) Detailed line item budget for program for both revenues and expenses See attached plan e) Detailed description of proposed plan - See attached plan f) A marketing plan ma)' be substituted for items d and e above. Categoo' C projects and activities which promote tourism should have an emphasis on the "shoulder and off sea.son" of May through November. What is the scheduled date(s) for )'our projecdactivity? N/A (Project B request) AGENDA ITEM I'lo. ' JAN - 7 1997 Discuss how your organization will measure the number of visitors attracted anti the number of room nights generated by your event. The program, centered around direct response advertising, will monitor consumers' booking patterns, in order to effectively track results. The plan also provides for establishing a professional toll-free 24-hour live informational service to support the chamber's efforts, a fulfillment center for timely mailing of an informational video and brochure ,a.g inquires are received, and a professional database management service to capture prospects' names and addresses and analyze their demographic and psychographic profiles. I have read the Tourism Grant Program and criteria and Resolutien No. 93__ and agree that my orgmfization will full)' comply vdth the guidelines and criteria and Resolution No. 93- S ignj~uTe o~ f~r'~za"tion's Chief O ffi cial Victor Yordan. Chairman Marco Island ,'md The Everglades Convention & Visitor Bureau AGENDA ITEM No. ". '. it! JAN - 7 1997 Fg. 4 42.': ~11.39 ~. ~. ~5.tg 1{,0 iL 97.64b.~ 60.$ 31.1 66,%70.ee 1.4 26.7 ~02o556.09 37.9 41.2 2 z.p.~b / ib .3 1.1 249,323.41 ~00.0 100.0 60,Y56.Sb n4;551.33 1.9 24.5 .1 17.9 10£,517.83 2.0 42.3 i43,805.58 98.0 S7.7 ~84.I~ .2 .4 4,T2~.~T -11.0 1.9 ~1,788.46 50.¢ I,~9.L% . i.562.03 1.3 4,4~.b~ 3.1 1.8 S,168.78 5.6 3.7 3,841.~6 3.2 I.S 5,~56.~i 1.2 2.1 9,218.~ 5.9 3.7 335.3? .1 6,428.62 3.9 2.6 1,427.11 .6 257.~ .1 ~.~5 9,286.7~ 7.0 3.7 ~O~.T8 .1 .1 796.~5 .2 .3 b25.~L; .2 2,226.5~ 3.0 .9 9,150.12 1.9 3.7 · '47 . ~, ~42.4 .4 AGENDA ITEM . .,. ~',~ ;;, .3 JAN - 7 19970 22~. -';2 225,626.63 1S4,044.2~ -%; AGENDA ITEM No. " JAN -7 1997 -. Pg. .; ~3~S82.35 NI~'~ MONT~S YT_AA TO DATE 157~487.94 N 12-31 75.8 63.2 -13,652.3e 22.2 -5.5 :~. 6:,0 ':9 -13,682.36 22.2 -5.5 ITEM .~,N - 7 1990 AGEND, A ITEM ' " , ;. ,,'/ .~ . JAN - 7 1997 Marco ICand and The £ver~'.lades Convenl,on and \'~s~to, Bureau's effort,, Io cantty ,ncrea~ oA'-seamn tourism lo the area have been successful over lhe pa,.I lhree ,`,.ears s, nce 1 c~Q..: ~.', hen the first demnal,on pubhc relal,ons and adven campa,~r~ began. In fi~a11996 alone, the area has seen a 36°,0 ,ncrease in bed tax re'.,enue.~ com- pared to F~scal 1995 and total inquires for 1996 jumped to 396.000. As we embark on 1997, Marco Island and The Everglades Convent)on and \'l~(lu' Bureau has conlraded Myers. and reap~mnled The Z~mn~erman A~en~' of Tallahassee Ia conhnue to hah. die puhhc relahons. Our market~n~ .~oals v, dl b=. t~ continue to ,ncrease markel sha,e from d~. travelers ~n Flonda and lhe ',,ortheasl and .~4~d`.,,est. as ,,,,ell as from th~ pr,ma~ ~mernalona! markeL~ ot th..r U.K. and Oerman~. Our empha,,,s is lo ~en.-.ra;v ad.'i- t,ona! re,.enue ~. s tot'. durra; ~raJ:t,onat shoulder pe, od~. o" the sea.,: r.. ADL'ERT;SI\G Thruu~h Our ne',', pa~,"'e, l'.,:e.ed ~,d,e."1:::n,~ .",~arcu ICand and Th... launch am a.%e,t'sm~ ca'z;;:a;~q de~;,tned t,:~ communl~.al.-. ¢',.-' ke`. the area ~nfluence potent,al ,.acat~one.'.~ tu ~,.-.i.-,ct ,Marcu Island aqd Th... and track their ,..5~tatlon and spendm?, le~.els. Our ne,.., campaL~n th~m~' ~s: To commumcaIe to Island and The [vet;lades deb,, er~ h'.o ~reat ',acahons fnendk "Make '~ou,~,e!t' .At Home" hmp~ta B~, combin~n~ roll. over funds `.',ilh lh~s ,`,,ear's ~rant request. Marco Island and The Everslades ~, ~1! effect~vel,,, dehver th~s messa[,e throu;h ke} med~a veh,cles ,.,.,ti support the pro,ram with an as~re.,,s,ve pubhc relatIons effort, and ,,,..dt pro'hdv consumers w~th a stroh8 "call to achon" mes~e. AGENDA ITEM No. ,'1 F. 4) JAN - 7 1997 The program, cenlered around d~recl respon~ adven,.~,ng wdl monnor con- sumers' booking patlerns ~n order lo effect,vel) track r~ulL~. The plan at~) pr[~. w~s for estabhshm8 a profess,onal toll.free 24-hour I,~e ,niormal,onat se~'~ce sup~n the cham~r's effo~, a fulfill~n[ center for l~mely ~l~ln~ Of an informa. l~onal v~deo ~nd brochure as inqu,nes are recewed, and a professional databa~ ~na~e~nl ~.~ce. to ~p~ure pros~cb' na~s and ~ddresses and ~natyze lhe,r demo~raph,c and psycho~raph,c prof, les. Therefore m future yea.rs, v,,'hen the budget retorr's to norma,I levels, we w, II ~ ,n a pos~I,on Io targe,, our ~rant mon,~ to commun,~ate ~'ectwel~ w,th ~h~s im~dao: d,rect mad hst, ,norde' to ga,n and mamtamn the, lo}arb to Marco ~ and and The E~ er:lades. AGENDA IT[M JA~ - 7 1997 pg. ,,/" TRAV[L AGENTS AND MEETr,,G PL~,",,',,£RS Th~s year's plan ~n,.rca~." ' ~ spend~n~ and. ther~ore our empha,,~s., on the ,mpor~an~ se§ments of U.S. and inlernat,onal travel a§enLs and domest,c meeiln~ planners. We have learned from past marketm~ effort,, that lhese "ambassadors" for Island and The EverR ades play an essenllal role m fmlhn~, shoulder penods fl~r Iht' area. In 1997, adve,~isin~',, puhhc relations and d~recl markeimnF, ~'orL~. ,.vdl he gered to these groups A complet.~ n'~arket,n.;, plan of ad'.e"hs n; puhhc relat,om m~d,a t,~hvdul..~ and budpe: TOll.q,,, F Ibis O".e~,e',',. Ir' summa-, ,',.la,c.:, island and The E',er:lad~'s conhnues t:' produce resu Is b.} a'~ractmF, seasonal ,,~:, to,5 dJnn; Our reques', tc',r ~ran: fund~ and ' e'::,c,,-,nc} and maxlrnLim efi'ect~,.eness Le: a~ ,...--, 85 .' t(~ ",,~per:~ p'.;s':,;~r, ".l~rCO ,,ia,d and ,he ['..--r;:,~aJes f,.,' Vi Thank you ';'or ',(;.ur cons~d-~ra'~.o", anJ revue,.., o:' our marke:~ ,., plan fop ~,'an: ! -~AGENDA ITEM No.,) L f,,.) j JAN - 1 1997 i // AGENDA, ITEM No... ~' JAN - ? 1997 Pg._/.~ Persuade vacalioners Io I~' Marco Island and The Everglades for lhe flrsl t,me. Bring pas! visitors back to Marco Island and The Everglade.,, AGEN.DA ITEM No. ,R~' E {~ ;_ JAN - 7 1997 Pg._ /-5 ~'~ake it easy for consumers and travel professiona!s to identity and choose Marco Island and The Everglades as a preferred vacation destination b~,. dlfferentlat,ng ~t from other Florida choices. Apply continuous pressure In pa~d and non-paid med,a to keep Marco Island and The Everglades 'lop-of-mind" among consumers and travel profess Use a balanced creatwe approach and med~a m~x to ensure that our messages reach and persuade the largest possible audience regardless of demographics. med~a habJL,, and hfesb, le d~fferences. ~'iake it eas,, for consumer.* and lra,,'eJ profes.* onaJ.* lo ~e[ add~t,onal ~nforma[,on and book Marco Island and Everglades vacabons. AGENDA ITEM No._,~.' bi? JAN - 7 1997 · Create and run print and broadcast mater,als that demonstrale the "l'~. o ,.acaI~t n,, -- one destination" theme. Emphasize vacahoners can have a 'green' vacat,on and/or a posh one at the same deslination. · Spend most of the advemsing budget in the shoulder seasons for greases: eff,oenc,~ and eff~l. . Pamopate tn SIate print and broadcast coop programs to augment the advem~ ng hud,,:,et. o Use d,recl response telev~s,on to increase reach and frequenc;' increaw mqumes generate mor~. ead,~ and provide trackable result', fur program refinement, · Vvork v,~th the Naples. Golden Gale and Immokale.~ coah:on to de' ~lnp, lumt adverl,smg and p,'e,s LA.',.1 [r~ps and lc., "p,g.~ back" on trade shov, expusur~.. · Develop ma6,et,ng pa.":.nersh~p.s ',., ~h a~rhnes credit card compames, tour opera',or~, an~ p;uducl compan,~-s ,r ...... ,,~ 5a.n ','~s~h~h:', and st.e,~.h ma,kelm:, d,.,a,:.. Enhance the ,',.;arco Island and The E'.erglades' home pa~,,- allo;..m; use,s to mo'.e to ,"4arco's page from other home pa?,, such as Den nat on Florida. Golf Florida and Tra',el Sources. AGEN ,D..A ITEM No. " ~- ~'~ JAN - 7 1997 pg. ~ <- Creative Posilioning Statement To communicate to the 90's vacat,oner that Marco Island and The [ver§lade.~ delivers two rewarding vacations in one destination with fnendly 'Make Yourself Al Home" hospilatib,. AGENDA iTEM JAN - 7 1997 ~7 AGENDA ITEM No... )~. (,) JAN - ? 1997 Pg._ /'7 TARGET CONSUMER .A 25.54 with kids 'HHI $50M+ .Travel within U.S. in last 12 months TRADE · Domestic .Intemat,ona! MEET~'~G PLANNERS . Domesl~c AG EI',,J.D A ITEM JAN - ? 1997 FOCUS FLORIDA . Educate Florida residents and ~snov,'b.rds" about avacation,," Escape" oppo~umt,, ',,,,,th,n drlvm§ d,stance. NEW YORK/CHICAGO .Commumcate Io lhe h.,.,o lathes', s~menL,, of ouhot'-s[ate vlsi[ors lo Flor,da fha: .'..sa'z.-, Island and the Ever.~Jades Io more b'p,ca! Flor,da J -'--~C[.'NDA ITEM I ~"'.-~- ~"~ I J~N - 7 1997 I SECO'~DARY FOCUS FE[DER MARK[TS .Source ws.lors from surround~n§ market.,, that are pred,sposed to Florida as a vacation deslina[,on. REM.~,I"¢ DE R U.S. o Expose lhe rema,mnF, U.S. to attribut.~, tha~ Marco Island and The Ever~tades offer. Budd nahona! expoFur~ lu ~,enerate v, ord of mou:h AGE~';DA ITEM ~'/0...~ Schedule a~ivity to concentrate supporl during shoulder (Spring and Fall, seasons. .SPRING: APRIL 17.JUNE 30 .FALL: SEPTEMBER 1. DECEMBER 31 AGENDA I~TE~ JAN - 7 1997 TELEVISION SPOT. Reach t~rget within DMA through ~trategic pJacemenl of :30 second commercials, SPOT BUY: · Morning News · Prime Acces.~ · Weekend SporL~ M',RKETS: M~am~'Forl Lauderdale West Palm Beach AGENDA IT EJ~t No. JAN - 7 1997 TELEVISION: DIRECT VS. GENERAL MEDIA DIRECT RESPONSE Direct Response Utihzes an 800 Number Purchase T~me ,s Based or, Broad Rotations Purchase Spo5 'brats Stat,oqs .Ma~, Preempt Reschedute spots ~.%eekl.f Re~',orL~ Caq Be Run lo Deter're,ne Hov. k%'~ll the Spots and .Markets Pe~orm~d GENERAL MEDIA Does Not "D~recl" V~ewer to Call a Number Purchase Specific Dayparb; Programs Purchase Stat on', and Program Areas Based on Cost-Per-Point AGENDA II~E'i,4 ' No. ", JAN - 7 1997 ALL MEDIA PLACED AS DIRECT RESPONSE ACTIVITY: ' LOWERS OUT-OF.POCKET COSTS (Approx. 35%< General Med~a · INCLUDES A STRONG C,M L TO ACTIO',; .. CONSUMER PqVOLVE~E\T ' PROVIDES THE ABILITY '/O b'TILIZE NATIONAL MEDIA THA,N' LATER "D£LIVER$ OPTIMU,k~ EFFICIE'NCIES A,",'D DAYPART RESLARCH / I AGEt~DA ITEM JAN - 7 1997 ON THE AVERAGE, DIRECT RESPONSE MEDIA COSTS 3S°,o LESS THAX GENERAL MEDIA. · DIRECT RESPONSE MEDIA PLANS GENERAT£ MORE I,k~PRESS~OxS AT Ah; EQLqVALE,'x'T BUDGET THAN A GENERAL MEDIA PLAx. AGENDA ITEM No.. ~, t (~.~ JAN - 7 1997 Pg..~.-) PRINT: Publications, selection and frequency, are determined by: Budget Ed,for,al Content Efficiencies Insertion Cost Reach Posmon Merchandising / / NEWSPAPERS: !nserF, . Ne,.,. York T~mes 9X · Ne',., York Times Magaz,nes 1X .1/2 page eduona[ cop,,. ,ncluded at no charge . Ch,cage. Tr,bune 5X Famdy: Fam, ly Fun Shelter: Southern Living. Southern hying Family Vacations Travel: Cond~ Nast Traveler (~rculat,on 1 1,040,195 1.100. AGEND, A ITEM No. JAN - 7 1997 Pg. cO~' NATIONAL PAY-PER. INQUIRY TELEVISION Marco Island and The Everglades' t,e..in with lhe state's ielev,sion coop program will pro',ide :30 SpOLS on domesI~c programs, incbdmg: Art~ and [nter~ainmen! Comedy Channel CN, BC D~overy Channel Food Channel [SPr~ ESP% II History Channel Learning Channel Nostalgia DfeI~me The Nashville Netv, ork The Travel Channel The VVealher Channel LSA America's Talbn.g Comedy Channel AGEN,,DA I~E~M No.. ~(~ JAN - 7 19B? Pg._ TOUR AND TRAVEL NEWS/'I'RAVEL U.S.A. FOUR JUNIOR PAGE 4-COLOR ADS Ads will be enlarged to full ~b pa§e *.color wilh adve~orial wrap for no charge. BONUS: Free direcl response card w~th each insertion Free tr,~de show distnbution worldwide 57% off 1996 tale,, TTG~U.K. & IRELAND. EUROPA. DESTI',,ATIOx AMERICA THREE JUNIOR PAGE 4-COLOR ADS 1996 rates prolecled [brough 1997 , Succes~ul Meetings or Meet,ngf. and Convent on$' Insemons 6X · Ne§oIiation$ continuing. AGENDA ITFM JAN - 7 1997 Pg...__~ ' 0 The following budget inclJdes S.,0.,372 2vai!ebIe ~.~ ~§97 gran%s and 5.539.524 in rOll-ove~ funds~ ADMINISTRATIVE ' Ad'.'."rhsm9 Fee · Public Rea, o,,s Fee ADVERTISIhG · Media · ProCu;ti:n · Da:abase . Toll Free Ser.,'~ce PUBLIC RELATIO/JS · Media De.,~lopment · Media Rel~tio,qs · Oul o[ Pocket · Airline Conlingency · Promotio~a! Cont · Promot;ons/Co.o:,s TOTAL S I S7C5,5~5 Sg48.$g6 AGENI~ A ITEM No,_ JAN - 7 1BB7 Pg.--'", '/ In In [] · PUBLIC RELATIONS RESULTS The Zimmerman Agency has cultivated f~r Marco Island 6, The Everglades ~2 0 times the financial investment in public relations services. · Captured exclusive publicity reaching more than 1~9 million in circulation. The following provides a mere sampling of publications: Domestic New York Times Chicago Tribune Miami Herald Boston Globe AAA Home 6, Away, Southern LMng Endless Vacation Conde Nast Traveler Ladies Home Joumat Interna~.ional London Daib, Mirror Daily Express Best Suddeutshe Zeitung Auf Einen Blick Frau Im Spiegal You 6' Your Wedding Tina Travel Weekly Sta:eside Extended area awareness to 16 mllllon viewers in the United Kingdom through inclusion on the prominent "Wish You Were Here" TV travel show. Featured Marco Island 6, The Everglades on NBC Today Show with Willard Scott reaching 10 million households and valued at more than $30,000 at virtually no cost to client. · Coordinated BBC crew agenda in Everglades City for "BBC Holidays" broadcast feature cqualin!t $400,000 in advertising value. Appeared as special guest on London Radio, the premier talk-radio format in London, and discussed Marco Island 6, The Everglades for 20 minutes. Negotiated more than $1.1 million in ,'adlo/'oroadcast advertising equivalency at no cost to the CVB with the emphasis on Florida driV~:--~"~.'~'i~'~'lTEM markets during summer and shoulder seasons. ~"~.-3_ '~ t"...~) J~.~ - 7 1997~ Executed more than $1.2 million in domestic and international_ cooperati~e promotions garnering Marco Island &~ The Everglades alliances and extensive exposure including: Domestic American Express McCalls Gayfers International M-1 Femsehen Selffidges Harrods House Beautiful Created and concepted promotion with American Express reaching more than 100,000 American Express cardholdcrs matching the demographics paralleling potential guests. Gained additional exposure through inclusion in 2 mlllion American Express statement inserts, direct mail, P.Q.P. and publicity campaigns. · Created innovative manatee package as a special publicity twist reaching more than 21.$ million print circulation in such publications as: Newsday Ne,,,,, York Courier Lifestyles Newark Star Ledger Miami Herald Orlando Sentinel Detroit News Free Press New York Daih/News Cleveland Plain Dealer Milwaukee Journal Cincinnati Enquirer · Orchestrated media development missions with personal interviews with more than 270 edltors in London, Hamburg, Munich, Frankfurt, Berlin, Ne,.,,, York and throughout Florida, to promote Marco Island ~ The Everglades with high-profile national newspapers, consumer magazines, broadcast organizations, travel specific, trade publications and freelance writers. Coordinated media fam tours and hosted more than 112 writers from the United States, Germany and the United Kingdom. Articles have appeared from 85% of the attending publications. : J A N - 7 · Secured $137,000 in airline tick~.s at $-0- cost to the client for journalist familiarization trips both domestically and abroad. · Secured approximately $300,000 worth of in-kind services and products for media tours (accommodations, airline tickets, food ~, beverage, etc.). · Coordinated industry tours and hosted more than 60 travel agents and tour operators. PUBLIC RELATIONS MISSION To increase awareness and conscious consideration among potential international and domestic markets as well as past guests of Marco Island ~ Th~: Everglade~ during summer and shoulder seasons. PUBLIC RELATIONS OBJECTIVE Position ~arco ~ The Everglades, its attractions and amenities, as Florida's premier warm-weather vacation and meeting destination to first time and repeat domestic and international travelers. JAN - ? 1997 PUBLIC RELATIONS STRATEGIES Enhance awareness and create extensive exposure by cap~tahzing on opportunities through aggressive news bureau functions. Impact travel decisions by influencing international and domestic leisure traveler wholesalers, travel agents, incentive houses, tour operators and receptive tour operators. Create a new, comprehensive communications vehicle portraying the desired image of Marco Island 8~ The Evergla~Jes. Choreograph e~ensive one-on-one media development missions in key" Design and implement strategically targeted media fam~l~arization programs for high-impact editors ancJ journalists, Leverage "back'yard" market ra~io and television promotions wi;h no financial expencitures. Sec,~re dramatic effectiveness, e,~ciency and cre~b~l~,., through major cooperative pa~nerships. Develop CVB par~ership programs to e~end industry participation and marketing dollars. Orchestrate an on-going continuity effort which educates and excites the local community and industry regarding visitor development and CVB efforts. Interface with actvertising to complement marke~ng campaigns and capitalize on opportunities. CreaTe promotional tactics based on strategy and measurability. AG£NI~A IT JAN - 7 1 ~ ~ ....~ PUBLIC RELATIONS TARGET AUDIENCES MEDIA (Domestic and International) · National Daily Newspapers/Sunday Supplements · Bac~ard Publications and Broadcast · Travel Specific Publications · Travel Trade Publications · Broadcast Travel Programs · Consumer Magazines · Freelance and Syndicated Travel Journalists · N~paper and Radio Syndicates · Regional Newspapers · Ecotourism Publications · Wire Services · Travel Guide Books · EllesSe Magazines · Meeting Trades · AAA Publications · Motorcoach Publications · Membership Publications · Bridal Journals · lnflight Magazines · Senior Publications · Sports Specific Publications AG£~'iDA ITEM r,,o. _.~. ~? ) JAN - 7 1997 GEOGRAPHIC · Domestic Florida Northeast Midwest · International United Kingdom Germany SEASONAL PROFILE · Winter Northeast Midwest Canada · Spring/Summer United Kingdom Germany Northeast Southeast Midwest · Fall Northeast Southeast Florida Midwest .... AGEr~rJ A ITEM JAN - 7 199 !.;:. .~ / PUBLIC RELATIONS CORE COMMUNICATION MESSAGES Marco Island ~ The Everglades offers year-round, family vacations, romantic escapes, premier meetings, sports challenges, historic overviews and captivating distractions with: More than 3,000 guest rooms ranging from gulfside resorts, intimate motels and luxury condominiums, as well as natural campgrounds and RV T~ Everglades -- Florida's largest wildlife sanctuary and most adored natural attraction rich with 1.5 mitlion acres of sweeping sawgrass praines, wetlands and flourishing wildlife. · Natural attractions such as three national parks and one ~ate park to entice eco-adventurers. Endless activities including mangrove tours, Everglades expeditions, Island biking, nature hiking, world-renowned shelling, fabulous fishing, parasailing, sailing, swimming and sunning. More golf courses, per capita, than any other region in the U.S. featuring challenging greens with intricate waterways, dew-soaked bogs and towering pines. · Multi-lingual services at resorts catering to international visitors. · More than 40 restaurants and eateries renov~ned for flesh seafood specialties from seared tuna and jumbo Gulf shrimp to sweet scallops and succulent snow crab claws. AGE.I~D A ITEM JAN - 7 1997 PUBLIC RELATIONS TACTICS STRATEGIC PLAN Re-anah/ze the most dynamic opportunities to communicate and promote ,V~arco Island ~ The Everglades as an evolution of the public relations strategy. Act~tJes include reviewing relate articles from travel publications; analyzing travel trends and demographics of Florida travelers; interviewing directors of marketing of significant entities; evaluating past and planned promotional and marketing efforts entities, Florida Tourism Industry Marketing Corporation and Collier County TDC; and brainstorming intemal¥. Decipher the results of the recent research and "rolled sleeves" ahab, sis and incorporate influencer feedback to develop the communications plat-form for the new campaign. Create a master plan with a critical path of priorities, tactics and measurable equivalencies. Experience The tremendous hospitality experience and extensive industry research possessed by The Zimmerman Agency and four years of hands-on experience linking Marco Island ~ The Everglades to the world, and 10 years of expe.dence promoting Florida, is in fact a tactic that aids in agency efforts. NEWS BUREAU PUBLICITY The aggressive pursuit of continuous, TARGETED, publicity is the most impactful element threaded throughout the public relations program for Marco Island ~ The Everglades. Effective publicity translates into editorial credibility, which far surpasses its advertising equivalent and spurs "third party" endorsement. It's a power~l, immeasurable influence in travel decision-making. Experience TZA has captured exclusive publicity reaching more than 129 million in circulation for Marco Island ~ The Everglades. AGENDA ITEM, JAN - 7 1997 MEDIA KIT The media package is the primary tool for public relations in creating a visual image for journalists while effectively relaying the amenities, the allure and uniqueness of Marco Island 6' The Everglades. Research and re-create a selection of stories emulating t,~arco Island 6' The Everglades area and theme. Distribute in a tiered fashion for effectk, e follow up. Comprehensive Lead Ecology At-A-Glance Sl::e_cial Events Accommodations Dining Attractions Shopping Meetings Map Activities Photography NEWS RELEASES Disperse at least 10 releases which highlight the area. Marco Island 6' The Everglades opportunities Everglades Renegades Mangrove Magic Summer Secrets Sunset Serenades Wildlife Survey Gateway to Nature 'Gator Tail, Mullets 6' Maritime Marco's Memorable Meetings Superstars Eco-adventure Escape History Ecotourism Value Romance Special Twists 'C/hat's New Special Events Incentive Value Family AGENDA_ITEM No.,~ ~(~) JAN - 7 ~997 FEATURE WIRE DISTRIBUTION Impact exposure by sending articles over the ~re service to publications nationwide. Opportunities Summer Secrets Deserted Island Fantasy Walk on the Wild Side Experience TZA has utilized wire service for Marco Island 6' The Everglades for at leah 12 releases. SPECIAL MEDIA TWISTS To burst through the communications clutter of mundane messages, it is not enough to have a superior product and newsworthy ~,-~gles. Conceive creative twists to manipulate the results desired for mass print and broadcast IOublicity. Opportunities Own an Island Paradise Illustrate the allure of being surrounded by 10,000 islands at Marco for the ultimate escape, and arrange for guests who stay a specified period of time at Marco Island 6' The Everglades to name their own island. Starry Nights Highlight the fabulous sunsets leading into starry nights at Marco Island 6' The Everglades by allowing guests to name a star on the official star registry. were donated to help save manatees -- and captured 8 million circulation and reached 10 million households for Marco Island Everglades. Experience TF_A concepted and executed a unique promotion partnering Marco Island 6' The Everglades, American Express and the Save the Manatee~ Club, in which proceeds from charge purchases 't_print JAN - 7 1{~]jjj "PUBLICITY" RESEARCH Conduct research with the primary purpose being to take advantage of the results for publicity exposure. Develop at least one survey to then utilize in spotlighting Marco Island ~' The Everglades as the "experts" in the theme researched. Opportunities Deserted Island Fantasy Conduct a survey to uncover the one thing someone would want with him if stranded on a deser~ed island Tie-in results with the tantalizing offerings at Marco Island ~ The Everglades. Walk on the Wild Side Conduct research regarding common wildlife m~hs about animals and mammals native to the area, while highlighting the abundance of captivating wildlife contained in the sanctuary of Marco Island ~ The Everglades. ADVERTORIAL Continue to provide area features for space secured. MEDIA LEVERAGING Print Negotiate editorial inclusion, against advertising media placement. Opportunities Recommend Southern Living Better Homes ~ Gardens Experience TZA has secured editorial in Recommend, Selling Long Haul and New Jersey Star-Ledger for Marco Island ~ The Everglades. Broadcast Pursue promotions with radio and television affiliates based on advertising placement. AGENDA IT E,J',~ No.., JAN - 7 1997 Z-INK Pursue editorial through the proprietary Z-INK process of ex~ens~'e personal interaction and aggressive follow up with journalists as the primary method of media placement of core messages. Release core messages to initiate interest. At any one time, at least '12 pul:>li¢ r¢l~,tlons prof¢$~lon~,l~ are selling Marco Island ~ The Everglades. AGEN, DA ITEM No..~ t (,') JAN - 7 1997 CARRIE ZIMMERMAN MARCO ISLAND 6' THE EVERGLADES Z-INK JENNIFER TOPOLEWSKI Jcnn~fcr To 3olewski Germany Un;:ed Kingdom TlshaAAA Harris Travel Specific Stacey Whlteside Na:~ona; News Cable Tele'~s~on Network Television Ne~,,'ork Rad,o Sy'nd,ca:ed Radio Jennifer Ket:ter Northeast Ne', vs Metro Mags Bndal Pubs Tara Clark F~:ness,,Spa Pubs Golf Pubs Tennis Pubs Spor'.s/O~door Mags Boatmg,/F~sh~ng Journals Lisa Brown USA ToOay Mee:~ns4."c cnt./ve Traoes Bus,ness Magazines H...e, Trades Nat~ona! News ('Bus) Trave; Traaes ',,X,/~re Se"~ces,' S,':,'"t ~,c 8:e 3 Wri:ers Syt'4 a Davis Flonaa Newspapers rarely/Parch: Pubs Sodtheas: Ne,.,,.,sDa~ers Mindy Greene Freelance Joumahsts Senior Pubs i · M oM'es, News I Steve Demme In:ama: Alice Fitzgerald Consumer Mags Infl~gh: Mags Historic Pubs AGEND. A ITEM. ~o._.~'.. ~r JAN - 7 I997 AGENDA ITF. J~ No..._~Q__ C~ (1~ JAN - ? 1991 Experience TZA has captured more than 500 features highlighting Marco Island The Everglades. Z-HITS (Honed and Identified Target Stories) Review the more than 250 calendars in the database for Marco Island 6~ The Everglades. Leverage know~edge of existing publicity potential within core media segments to ensure inclusion in pre-planned features. BROADCAST MEDIA Network Shows Negotiate live broadcasts from Marco Island 6~ The Everglades. Opportunities Good Morning America Today Show CBS This Morning Miami/Ft. Lauderdale, Orlando, Tampa and St. Petersburg Morning Shows Experience TZA has coordinated features on NBC, BBC and the British "W~sh You Were Here" travel show for Marco Island 6~ The Everglades. Cable T¢icvislon Pursue placement on major travel-oriented shows Opportunities CNN Travel Guide News Travel Network Going Our Way Side By Side Travel Magazine Travel Travel Travelview Report on Travel Good Fishing Experience TZA has negotiated features on CNN and NTN for Marco Island Everglades. ~ND~ ITEM JAN - 7 I997 p , RADIO SHOWS Secure broadcast opportunities in target markets at minimal cost to the CVB through radio features and live broadcasts which generate awareness across specific demographics. Opportunities: Bloomberg Radio Network Report on Travel Escape to the Outdoors Travel Talk Daily Talk Travel Scope Experience: TZA captured a 20 minute spot on London Radio, the premier talk- radio format in London for Marco Island &' The Everglades. Video News Release Identify opportunities to produce and distribute VNRs or "electronic news releases" to expand exposure. il-roll Footage Utilize high-quali~ video footage with no voice-over for tele~sion/cable media placements. INTERACTIVE MEDIA: Explore potential opportunities with America On-Line, Travelocity, World Wide Web, Prodigy and other upcoming possibilities. Opportunities Destination Florida Golf Courses of Florida Travelbase Guide to. Florida Golf Travel Source Travel 2000 City Guide Florida Golf Retirement Net Golf Florida TravelGram Ck'y View FIorida.com Experience TZA has established Intemet exposure on Destination Florida, Gram and Leisure Time News web sites for the CVB. Trave~GENpA ITEM JAN - 7 1997 MEDIA SUPPORT Media Lists Maintain the comprehensive domestic and international media database comprised of more than 500 qualified journalists tailored for the Marco Island 8' The Everglades. Identify any new media segments specifically relevant to Marco Island 8' The Everglades and expand to impact new targets. Expenence TZA already has in-der)th, one on one relationships with media. Photo Library Balance extensk, e photo library utilized for public relations distribution and use in advertising collateral/ads. Supplement existing color and black-and-white photography with targeted, scheduled shoots. Ex~rience: TZ~ ~reseq:~, has 50 signature shots, including beach, family, couple aha a,.,M,'y scenes. Publicity Monitoring U*Jt~ze resources of a clir) service to assist in tracking and documentation of domesuc media ex~x:)sure and attain intemauonal stones through direct contact with editors. Experience: TZA currently tracks media exposure through a clip service. AGENDA ITEM JAN - 7 1997 MEDIA DEVELOPMENT MISSIONS With the travel budgets of journalists decreasing and travel time allotments minimized due to downsizing, editorial blitzes play an ever important role in expediting saturation of media messages. Embark on editorial blitzes and set up one-on-one meetings with typically "unreachable" editors and journalists. Highlight Marco Island ~ The Everglades by providing the visually impact~l media kit, timely releases and stories specifically targeted to publications. It is not recommended to utilize trade shows as means of media development due to the lack of scheduled appointments. Also, the dilution of the message, caused by hundreds of destinations all seeking media exposure, is an ineffective environment. TARGET MEDIA Na:~ona! Daih~, Newspapers,,SunOay Sui~plements Back'yarO P~blications anO Broadcast Travel Specific Travel TraCe Publications BroaOcast TraveI Programs Consumer Travel Magazines Eco:ounsm Pobi~cat~ons Freelance ant Syndicated Travel Joumahsts Ne, vs~aper and Ratio S~c~ca:es AAA Pubhca'Jons Me.:ro-Magaz~nes Travel Guide Books Bridal Journals Infligh~ Pubhca:ions Senior Pubhca~op.s Sports Specific W~re Services Regional News'Drs DOMESTIC OPPORTUNITIES/INITIATIVES Develop market specific focus based on origin markets providing the greatest potential to impact revenues: Target: Florida New York Chicago AGEND,~ ITEM No. JAN - 7 1997 4c! _. INTERNATIONAL OPPORTUNITIES/INiTIATIVES Develop market specific focus based on international markets providing the greatest potential to impact revenues Target Germany United Kingdom Experience TZA has conducted missions to the United Kingdom, Germany, New York and throughout Florida with more than 270 journalists resulting in nearly 200 specific features for Marco Island 8' The Everglades. MEDIA FAMILIARIZATION PROGRAMS Entice journalists to experience the aura and allure o~ Marco Island 8' The Everglades through personal area visits. Negotiate travel partners to provide complimentary or dJscounted air and ground transportation, accommodations, meals and activities. Creatively profile the area -- its food, fun and activities -- to secure substantial editorial coverage through aggressive follow up. Opportunities Group Fams Germany (2) United Kingdom (1) Domestic (1) Personalized Fares Pursue individual visits highlighting the area. CoopcratiYe/Extenslon Fams Arrange accommodations and creative agendas in conjunction with industry partners. Experience TZA has orchestrated 14 trips, both domestical¥ and abro more than 100 journalists, securing over $137,000 in airlin~ ticke~'-~f~ no cost to the client for Marco Island 8' The Everglades. ~o.' JAN - 7 I997 COOPERATIVE PARTNERSHIPS Identify beneficial marketing liaisons with high visibility partners that participate in grand-scale promotions projecting the desired image to extend marketing dollars and exposure for the are,~ Opportunities Credit Cards Department Stores Golf Companies Magazines Experience TZA has executed more than $1.5 million in domestic and international cooperative promotions, garnering Marco Island 8' The Everglades alliances and extensive exposure with domestic partners such as American Express, Gayfer's, McCall's and Bloomingdale's, and international partners including Harrod's, House Beautiful, Mach Mal Pa use and Selfridges for Marco Island 8' The Everglades. BROADCAST MERCHANDISING Capture valuable broadcast exposure in key source markets at no financial expenditure to the CVB. Utilize cooperative television and radio promotions to provide high product visibility within a select, target audience during need periods. promote Marco Island 8' The Everglades during Munich's far 'Summer Girl" promotion. Opportunities Miami/Fort Lauderdale Orlando,/Palm Beaches Tampa New York Chicago Experience TZA arranged a partnership with Munich's top television station, M-1 Femsehen, top three radio stations and leading newspaper ~ AGENDA ITEM JAN - 7 1997 Pg.~ PRODUCT DEVELOPMENT Create new initiatives to enhance the strategic and tactical positioning of Marco Island ~ The Everglades. Opportunities Passport to Adventure Sunset Celebrations Official Beach of Summer MARKETING SUPPORT Valuable opportunities ex~st in the cross-over between public relations, marketing and sales. Extend effectiveness of the overall marketing campaign by working in harmony with the marketing and sales teams. Opportunities: Trade Show Extensions Sales Bhtzes Industry Workshops Industry Fam Trips Media Leveraging INDUSTRY RELATIONS Direct efforts toward national and industry partners to secure involvement and enhance the actMties of the CVB. Industry/Corporate Partners Airlines Rental Cars Credit Cards Travel Industry Association Florida Tourism Industry Marketing Corporation AGENDA ITEM NO. ~, {/4) JAN - 7 1997' Area Industry Members Marco Island ~ The Everglades Area Chambers Naples Convention &, Visitors Bureau American Airlines Everglades National Park Conservancy Attractions Local Opportunities Media Familiarization Trips Marketing Workshops Newsletters Hospitality Training C'VB Partner RecogniTion Cooc~erative AJliances Exc~rience For Marco Island &, The Everglades, TZA has secured a~proximate¥ $300,000 worth of in-kind services and products for media tours (accommodations, airline tickets, food ancl beverage, etc.). AGENDA ,~TEM ~997 TO~ISM G~.RNT ~ROGRA.~ AGR~£~£NT ~O~ ADV£~TI$1NG ~Y ~RCO 1SLAND CH~MB~9 OF COMM£RC£, "COUNTY." ~£CiTALS Tcu::s~ Developre.'.: Tax: ar.: t~a:ket img; and NOW, TH£~£FCP£, iT i$ K:'TL'Ai. tY A:.=,~.~_D AS prc¥:~e~ along ~ush a de:aile= l:ne :'`er ~:~.ge: as ~ar: c: '`he JAN - 7 1997 3. PAYH£NT: The maxim,~ payment under this Rgreement sha[! be Nine Hundred Forty-Eight Thousand Eight Hundred ~:nety- Slx Do[Jars :$948,B96.0~). The GRAN?E: sha[i be paid fcc expeno d~tures incurred for the pro~ectCS)/activ:ty(les) upon of an invoice. Payment sha:~ cccu: in acco:dance vi:h the Pa)~,en: Act. However, the C3Y~;?¥ shall be under nc wha:soeve= to make pa y~en:$ f:t goodl o: services in excess of, or not intruded in the P~P~SAL cr tc make payments us:n; any source c[ fundln~ other than the Tourist Development Tax. Any pa y~,e~: made by the GRAt:TEE ~h:ch ~s ~c~n :c be an expenditure dur:~g the performance cf :~e g~a~: c:~:r6.: shal~ ~c: be eilgtEle for pa)me~:. Any exFen~i:utes ~ch have been paid to the G~KT[: which ace su~seq~e~:ly ~e:e==:neo ~). COUNTY :o be an ineiigi~le expendi:~=e s~al[ ~e repaid to the COUKTY ~::~in 30 daya o~ ~it:en no:ice :o GF~::T:[ c: :~e expe~- d~tu:e or the COUNTY a: ~ts c~:ic~ ca~ ~*~ ' to the GP~NT~E or deduct the a~:u~: :o be repai~ by ~NT:[ any tema:~:ng grant fun~s. The ~ANT[: ~ali nc: :e ~a:~ fct expenses t~cutred o= obltgat=cns ante:ed into ~y t~e prior tc the effective date of the Agreement. 4. INSiPid:CE: G~NTEE is requ~:e~ tc sub,:: a of Insurance naming Collie: Co:~:y, and :ts ~ca:~ cf County ~rcmctic~. a~ be ~s~ue~ by a cc~a~y [ice~se~ :~ the Sta:e Fic~Ida, a~d p~cv~de Ge~era[ Lia~:l:ty i~u:ance fo: ~= les~ BODILY ~JU~Y LIAbiLiTY S]O:.~O0 each clalm per P[RSCHAL INJURY LIAbILiTY $3:0,3D0 each cZa:m ~e: WOrKEr'S COMP[NSATiON AND :MFLCYE~'S LIA~ILiTY-St~zuz:ty the slg~i~g ef th~s decu~e~:, shall hc:~ harm:ess a~: Cefe~ tai to t~e performance cf t~:s A~:eere~t E::~;h: a~a:~s: the CCT:JTY :~ 6r.~ er~l:)'ee .~.., - ~ - Pg.~ &uthorized to pe=for~ work by any of them, The G~HT££'a obliga- tion under this prov~sion shall not be l~m~te~ In any way by the agreed u~on A~reement price as aborn in this Agreement or the G~TC£'S limit of, or lack of, su~lcient insurance protection. 4. NOTICES: All ~otlces from the COUNTY to the shall be deemed duly served tf mailed by re~istered or certified mail tO the C~P;T££ at the following address: Sandi T~apasso. Inte=i~ Executive ~arco Island Cham~er cf Co=.~,erce, Marco Island, FL 34245 County Manager ~aples, Florida ~4112 The GPJ~NT££ and the COUNTY may cha~ge the a~=ve address at amy time upon g[vlng the other party written notifi- cation. All notices under this Agreement must be in G.:~T:T££ or to constitute the GPAt:?££ as a~ a;ent of :to B. TErMinATIOn:: The CO~TY cr the G~.NT:£ may cancel th~s coat:act with or without cause ~n at least ~: days written not:ce of such term:~ation an~ specify:~g t~e effect:ye date thereof. If the CCUNT~ ter~ates this Ag:co-ed: ~:thout ca,se, the COUNTY will pay the GRAN?E£ f:r all co~trac:-d to pay up to :he effe:tive dace cf t~e tort:rat:in so lcn~ as ~:h expenses are part cf the ~:~:~AL. :f :: :~ :acer- mined that there was not s~fflCient cause for t~e CC:NTY tc termiKate this AGreement, the GPANT£~'s re,ed:es shall ~e tO the pa)merit of the contract a~u~t earle the date of termlnati:n. GF~r;?££ shall tell ~u~ds expended by CO,gUY under t~is Agree~ term:nates this A~reement. JAN - 7 1997 9. GENERAL ACCOUNTING: GRANTEE is required to Complete and accurate accounting and pro~ect(s]/activity(les) records. A complete and verifiable audit is due to the A~lnis- tretor within sixty (60) days of the completion of the giant. All revenue related to the pro,eot/activity should be recorded, and all expenditures must be incurred within the contract period. GR~T££ is required to submit annual financial statements on the financial condition of the P:oJect{s)/activity{ies}, of the GRANTEE organization, and a special report on the receip:s and expenditures of the grant related prcJectCs]/actlvity(ies~. Failure to submit acceptable financial or special reports result in the cessation of payments on all grant contracts GPANT£: may have with the COUNTY at the time, effective on the dare the submissions be:omo overdue. Under such cl::i~stances, no further payments will be made fct the duration of c:ntr periods and any payments already ~.ade shall be sub,eot. sole discretion of the COSNT¥, to la:er return to :he COUNTY acceptable statements and/or special reports are ntt submitted reguired, or if the payments are later shown to not be properly matched. lO. TE__~R~: This Agreement shall become effective upon execution by bot~ patties and shall remain e~fe:tive ~or one year. 11. ~£~UIR£D NOTATION: All promotional literature and media advertising produced with tourist tax revenue~ must include a visible reference to 'Collier County, Florida - (logo~'. Cooperative Effort Funded by the Collier County Tourist ~evelop- ment Tax.' ~2. INEL:GIBL£ The following expenditures ate lnellglb!e and shall n~t be paid by ~rant funds: a. Annual operating expenditure not dire:fly te:ate~ to the activity or project. b. Salaries o~ ~ull-t:me staff. :~pl:)T.e~t o~ pc:soho riel not directly tel·ted to the activ:ty ot ptc~o eot. c. Real property. AG~ NO. JAN - 7 1997 e. Tangible personal property, in:iu~n~ ~ut not penses incurred or obligated Drxor to cr after pro- g. Prize money, scholarships, awards, ~la~es, er tlficates. v.=~,ti~ h.=,in. JAN - 7 1997 Pg. ~--~lJ'¢ IN ~I?N£SS WE£R£OF, the GP~NT££ and CO~!JTY have each respeo ctively, by an authorized per$¢~ or a~ent, hereu~de: set the;r hands and seals on the date and year first abcve written. DATED: D~GHT E. BROCK, Clerk BOAPD OF COUNTY Ey: Commerce. In:. By:. Apprcve~ as ~o fo:~ legal suff[clency Assistant County Attorney Ccorpcrate sea2) AGENDA ITEM JAN - 7 19!0 ¢ CUL? 0£ I / · XECUTIVE S~¥ A RESOLUTION OF THE BOARD OF COUNTY CO~ISSIONERS OF COLLIER COUNTY, FLORIDA, AUTHORIZING THE ISSUANCE BY COLLIER COUNTY OF NOT EXCEEDING $5,000,000 IN THE AGGREGATE PRINCIPAL AMOUN~ OF COLLIER CO~;TY, FLORIDA NAPLES PA3LK AREA STOPJ~ATER IMPROVEMENT ASSESSMENT BONDS, SERIES 1997 IN ORDER TO REFUND CERTAIN OUTSTANDING INDEBTEDNESS ISSUED TO FINANCE THE ACQUISITION AND CONSTRUCTION OF VARIOUS STORMWATER DRAINAGE IMPROVEMENTS WITHIN THE NAPLES PARK AREA DRAINAGE IMPROVEMENTS MUNICIPAL SERVICE BENEFIT UNIT; PLEDGING CERTAIN STORMWATER IMPROVEMENT ASSESSMENTS PROCEEDS AND VARIOUS OTHER MONEYS TO SECURE PAYMENT OF THE PRINCIPAL OF, REDEMPTION PREMIUM, IF ANY, AND INTEREST ON SAID BONDS; COVENANTING TO BUDGET AND APPROPRIATE CERTAIN LEGALLY AVAILABLE NON-AD VALOREM FUNDS TO REPLENISH DEFICIENCIES IN THE RESERVE ACCO~IT IN THE EVENT THE STORMWATER IMPROVEMENT ASSESSMENTS PROCEEDS ARE INSUFFICIENT; PROVIDING FOR THE RIGHTS OF THE HOLDERS OF SAID BONDS; PULKING CERTAIN COVENANTS AND AGREEMENTS IN CONNECTION THEREWITH; PROVIDING FOR THE VALIDATION OF SAID BONDS; AND PROVIDING AN EFFECTIVE DATE. ~ That the Board adopt the attached Bond Resolution and authorize the County Attorney to proceed with bond validation through the Courts for the Naples Park Area Drainage Improvements Project. C_~O~SIDERATIONS: The Board of County Commissioners in September, 1.996 approved the Tentative Assessment Roll for the Naples Park Area Drainage Improvements Project and issued a contract for the construction of the project. On July 23, 1996 the Board adopted Resolution No. 96-328 authorizing the borrowing of not to exceed $3,750,000 from the commercial paper loan program as the interim financing for this project. The Board also approved the issuance of bonds for the long term financing. The Naples Park Area Drainage Improvements Project is anticipated to be completed in the spring of 1997. At that time actual project costs will be known for the issuance of the bonds. Bond Counsel has recommended that this bond issue be validated through the Courts. Attached is a copy of a letter from Bond Counsel. In order to proceed with the validation and be ready for the issuance of bonds in early summer, it is appropriate at this time for the Board to adopt the attached Bond Resolution. Page 2 FISCAL IMPACT~ It is estimated that the legal fees and costs to validate the bond issue will be approximately $8,000.00. At this time no other costs are involved with the attached Resolution. The Board will be provided financial information on the issuance of the bonds at a later date. Funds are available in Account No. 325-172531-631990-31403 for the validation costs. GROWTH MANAGEMENT IMPACT[ None. RECOM]~ENDATION: That the Board adopt the attached Resolution authorizing the issuance of bonds for the Naples Park Area Drainage Improvements Project and authorize the County Attorney to proceed with bond validation. David C. Weigel County Attorney Date: David Weigel, Esq. Collier County Attorney 3301 East Tam/ami Trail Naples, Florida 33962 NABOI~S. GIBI. IN & NICK£1~SON, P.A. ATTORNryS AT LAW THt' POINTte. KU~Tr ~:~Oz FIOCKY POINT TAMPA. FLORIDA TELE~HONE ~113~ TELEC0~Y ~113~ October 30, 1996 VL~k FACSIMILE Re'. Naples Park Area Drainage Improvement M'tmicipal Service Ta.'xing and Benefit Unit Dear David: Your office had inquired whether there ',','as value to validating the issuance of obligations to finance stormwater improvements in the above-described Benefit Unit. My understanding is that such obligations would be secured by stormwater assessments levied by the County v,'ithin the Unit. As you are aware, stormwater assessment methodologies are often complex and subject to legal challenge. Case law relating to storrnwater assessment methodology is not comprehensive. As a result of the legal uncertainties relating to such methodologies, we have strongly recommended to our clients that they should validate any obligations secured by such assessments. In the process of;'alidating the obligations, tile County would be able to gain comfort that its assessment methodolog3.' had been approved by die circuit court throu~ the validation process. Although this process would not go to the validity of each and ever3' individual assessment in question, it would give the Count',' comfort that the overall assessment methodolog3', which is file basis for securi%, for the obligations, had been approved by the court. Again I would stron~y recommend that the Count'3.' proceed with the validation of its obligations for this transaction. Ill can be of an5' further assistance on this matter, please do not hesitate to call me. Sincerely, L. Thomas Giblin (777 3 DRAFT #1:12/17/96 00137.B COLLIER COUNTY, FLORIDA NAPLES PARK AREA STO~'~VATER IMPROVEMENT ASSESSMENT BONDS, SERIES 1997 RESOLUTION ADOPTED JANUARY __, i 997 SECTION 1.01. SECTION 1.02. SECTION 1.03. SECTION 1.04. SECTION 1.05. TABLE OF CONTENTS ARTICLE I GENERAL DEFINITIONS ........................................ 2 AUTHORITY FOR RESOLUTION ........................ 9 RESOLUTION TO CONSTITUTE CONTRACT ............. 9 FINDINGS .......................................... I 0 AUTHOR.IZAT1ON OF REFUNDING ................... 10 SECTION 2.01. SECTION 2.02. SECTION 2.03. SECTION 2.04. SECTION 2.05. SECTION 2.06. SECTION 2.0'7. SECTION 2.08. ARTICLE II AUTHORIZATION, TEK,MS, EXECUTION AND REGISTRATION OF BONDS AUTHORIZATION AND DESCRIPTION OF BONDS ....... 11 APPLICATION OF BOND PROCEEDS ................... 12 EXECUTION OF BONDS ............................. 12 AUTHENTICATION .................................. 13 TEMPORARY BONDS ................................ 13 BONDS MUTILATED, DESTROYED, STOLEN OR LOST. . . 13 I'NTERCHANGEABILITY, NEGOTL&BILITY AND TRANSFER ....................................... 14 FORM OF BONDS ................................... 15 SECTION 3.01. SECTION 3.02. SECTION 3.03. SECTION 3.04. ARTICLE II1 REDEMPTION OF BONDS SELECTION OF BONT)S TO BE REDEEMED ............. 24 NOTICE OF REDEMPTION ............................ 24 REDEMPTION OF PORTIONS OF BONDS ............... 25 PAYMENT OF REDEEMED BONDS .................... 26 SECTION 4.01. SECTION 4,02. SECTION 4.03 SECTION 4.04. SECTION 4.05. SECTION 4.06. SECTION 4.0'7. SECTION 4.08. SECTION 4.09. ARTICLE IV SECURITY, SPECIAL FUNDS AND APPLICATION THEKEOF BONDS NOT TO BE INDEBTEDNESS OF ISSUER ......... 2'/ SECURITY FOR BONDS .............................. 2'/ CONSTRUCTION FUND .............................. 2'I CREATION OF DEBT SERVICE FUND .................. 2'1 DISPOSITION OF STOKMWATER IMPROVEMENT ASSESSMENTS ................................... 28 COVENANT TO BUDGET AND APPROPRIATE .......... 33 REBATE ACCOUNT ................................. 34 INVESTMENTS ..................................... 34 SEPARATE ACCOUNTS .............................. 35 SECTION 5.01. SECT]ON 5.02. SECTION 5.03. SECTION 5.04. SECTION 5.05. SECTION 5.06. SECTION 5.07. SECTION 5.08. SECTION 5.09. SECTION 5.10. SECTION 5.11. SECTION 5.12. ARTICLE V COVENANTS GENEK.~kL .......................................... 36 OPEKATION AND I~L4a'~'TEN.&'~CE .................... 36 LEVY OF STORMWATER IMPROVEMENT ASSESSMENTS. 36 BOOKS AND KECORDS .............................. 36 AN~'U AL AUDIT ................. 36 NO IMPAIRMENT OF RIGHTS ......................... 36 ENFORCEMENT OF PAYMENT OF STOR.\/WATER IMPRO'~EMENT ASSESSMENTS ..................... 3'/ RE-ASSESSMENTS .................................. OTHER MONEYS ................................... AMENDMENTS TO STOILM'WATER ASSESSMENT ORDINANCE ...................................... FEDERAL INCOME TAXATION COVENANTS ........... 38 GOVERNING BODY ................................ 38 ii SECTION 6.01. SECTION 6.02. ARTICLE V1 ADDITIONAL OBLIGATIONS ISSUANCE OF ADDITIONAL OBLIGATIONS ............. BOND ANTICIPATION NOTES ........................ 39 40 SECTION 7.01. SECTION 7.02. SECTION 7.03. SECTION 7.04. SECTION 7.05. SECTION 7.06. SECTION 7.07. ARTICLE VII DEFAULTS AND REMEDIES EVENTS OF DEFAULT ............................... 41 REMEDIES ......................................... 41 DIKECTIONS TO TRUSTEE AS TO REMEDLAL PROCEEDINGS .................................... 42 REMEDIES CUMULATIVE ............................ 42 WAIVER OF DEFAULT ............................... 42 APPLICATION OF MONEYS AFTER DEFAULT ........... 42 CONTROL BY INSURER .............................. 44 SECTION 8.01. SECTION 8.02. SECTION 8.03. ARTICLE VIII SUPPLEMENTAL RESOLUTIONS SUPPLEMENTAL RESOLUTION V, qTHOUT BONDHOLDERS' CONSENT ......................... 45 SUPPLEMENTAL RESOLUTION WITH BONDHOLDERS' AND INSURER'S CONSENI ......................... 46 AMENDMENI WIIH CONSENI OF INSURER ........... 47 SECTION 9.01. SECTION 9.02. SECTION 9.03. SECTION 9.04. ARTICLE IX MISCELLANEOUS DEFEASANCE ...................................... 49 SALE OF BONDS .................................... 50 SEV'ERABILITY OF INVALID PRO\qS1ONS .............. 50 VALIDATION AUTHORIZED .......................... 50 iii SECTION 9.05. SECTION 9.06. REPEAL OF INCONSISTENT RESOLUTIONS ............. 51 EFFECTIVE DATE ................................... 51 RESOLUTION NO. 97- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA AUTHORIZING THE ISSUANCE BY COLLIER COUNTY, FLORIDA OF NOT EXCEEDING $ IN THE AGGREGATE PRINCIPAL AMOUNI OF COLLIER COUNTY, FLORIDA NAPLES PARK AREA STOR.MWATER IMPROVEMENT ASSESSMZ'NT BONDS, SERIES 1997 IN ORDER TO REFUND CERTAIN OUTSTANDING INDEBTEDNESS ISSUED TO FINANCE THE ACQUISITION AND CONSTRUCTION OF VARIOUS STORMWATER DRAINAGE IMPROVEMENTS WITHIN THE NAPLES PARK AREA DRAINAGE IMPROVEMENTS MUNICIPAL SERVICE BENEFIT UNIT; PLEDGING CERTAIN STORMWATER IMPROVEMENT ASSESSMENTS PROCEEDS AND VARIOUS OTHER MONEYS TO SECURE PAYN{ENT OF THE PRINCIPAL OF, REDEMPTION PREMIL'M, IF ANY, AND INTEREST ON SAID BONDS; COVENANTING TO BUDGET AND APPROPRLATE CERTAIN' LEGALLY AVAILABLE NON-AD VALOREM FUNDS TO REPLENISH DEFICIENCIES IN' THE RESERVE ACCOUN'T IN' THE E\rENT THE STORM'WATER IMPROVEMENT ASSESSMENTS PROCEEDS ARE IN'SUFFICIENT; PROVIDIN'G FOR THE RIGHTS OF THE HOLDERS OF SAID BONDS; N£-~CING CERTAIN CO\tENANTS AND AGREEMENTS IN' CON.'NECTION THEREW'ITH; PRO\qDING FOR THE VALIDATION OF SAID BONDS; AND PRO\qDING AN EFFECTIV'E DATE. BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA: ARTICLE I GENERAL SECTION 1.01. DEFENITIONS. When used in ti'tis Resolution, the following terms shall have the following meanings, unless the context clearly otherwise requires: "Act" shall mean Chapter 125, Florida Statutes, the Stormwater Assessment Ordinance and other applicableprovisions of law. "Amortization Installment" shall mean an amount designated as such by Supplemental Resolution of the Issuer and established with respect to the Term Bonds. "Annual Debt Service" shall mean, at any time, the aggregate amount in the then current Bond Year of(l) interest required to be paid on the Outstanding Bonds during such Bond Year, except to the extent that such interest is to be paid bom deposits in the Interest Account made from proceeds of the Bonds, (2) principal of Outstanding Serial Bonds maturing in such Bond Year, and (3) the Amortization InstalLments herein designated with respect to such Bonds in such Bond Year. "Authorized Investments" shall mean any investments described in the investment policy of the Issuer set forth in and governed by Ordinance No. 87-65 and Resolution No. 85-552 of the Issuer, as the policy may be amended bom time to time. "Authorized Issuer Officer" shall mean the Count3' Administrator (or his or her designee), and when used in reference to any act or document, also means an5' other person authorized by resolution of the Issuer to perform such act or sign such document. "Bond Counsel" shall mean Nabors, Criblin & Nickerson, P.A. or an.-,' other anorney at lag' or fLrm of attorneys, of nationally recognized standing in matters pertaining to the federal tax exemption of interest on obligations issued by states and political subdivisions, and duly admitted to practice law before the highest court of any state of the United States of America. "Bondholder" or "Holder" or "holder" or any similar term, when used with reference to a Bond or Bonds, shall mean any person who shall be the registered owner of any Outstanding Bond or Bonds as provided in the registration books of the Issuer. '0 "Bonds" shall mean the Collier County, Florida Naples Park Area Stormwater Improvement Assessment Bonds, Series 1997, and, to the extent provided in Section 6.01 hereof, any additional parity obligations. "Bond Insurance Policy" shall mean, in regard to the Bonds, any municipal bond insurance policy issued by an Insurer guaranteeing the payment of the principal of and interest on all or any portion of the Bonds. "Bond Year" shall mean the period commencing on October 1 of each year and continuing through the next succeeding September 30. "Chairman" shall mean the Chairman of the Board of Count), Commissioners of CoLlier County, Florida and such other person as may be duly authorized to act on his or her behalf. "Clerk" shall mean the Clerk of the Circuit Court of Collier Count),, Florida and Ex- Ofl~cio Clerk of the Board of County Commissioners of Collier County, Florida and such other person as may be duly authorized to act on his or her behalf. "Code" shall mean the Internal Revenue Code of 1986, as amended, and the regulations and rules thereunder in effect or proposed. "Collection Costs" shall mean all costs and expenses for collection of the Stormwater Improvement Assessments which shall be billed by the Issuer as part of such Assessments, or installments thereof, or which ma)' be billed separately fi.om such Assessments. "Construction Fund" shall mean the fund authorized to be established pursuant to Section 4.03 hereof. "Cost," when used in connection with the Pr~ect, shall mean (1) the Issuer's cost of physical construction; (2) costs of acquisition by or for the Issuer of the Project; (3) costs of land and interests therein and the cost of the Issuer incidental to such acquisition; (4) the cost of any indemnity and surety bonds and premiums for insurance during consmaction; (5) all interest due to be paid on the Bonds and other obligations relating to the Project during the period of acquisition and construction of the Project and for such period subsequent to completion as the Issuer shill have determined; (6) engineering, legal and other consultant fees and expenses related thereto; (7) costs and expenses of the financing of the Project, including fees and expenses of any Paying Agent, Regis~'ar or depository, Credit Bank or Ir~urer: (8) amounts, if any, required by this Resolution to be paid into the Interest Account upon the issu~ce of the Bonds; (9) payments, when due (whether at the maturity of principal or the due date ofimerest or upon redemption) on any interim or temporary indebted.ness of the Issuer (otheT than the Bonds) incun'ed for the Project; (10) costs of machinery, equipment and supplies and reserves required by the Issuer for the commencement of operation of the Project; (11) costs relating to the levy and co]lection of the Stormwater Improvement Assessments; and (12) any other costs properly attributable to such construction or acquisition, and shall include reimbursement to the Issuer for any such items of Cost heretofore paid by the Issuer prior to the issuance of the Bonds. Any Supplemental Resolution may provide for additional items to be included in the aforesaJd Costs. "Credit Bank" shall mean the Person (other than an Insurer) providing a letter of credit, a line of credit or other credit or liquidity facility, if any, as designated in the Supplemental Resolution providing for the issuance of the Bonds. "Credit Facility" shall mean a letter of credit, a line of credit or other credit or liquidis' facility (other than a Bond Insurance Policy issued by an Insurer), if an.,,', as approved in the Supplemental Resolution prov/ding for the issuance of the Bonds. "Debt Service Fund" shall mean the Debt Serv/ce Fund established pursuant to Section 4.04 hereof. "Defeasance Obligations" shall mean (1) cask, (2) direct, noncallable obligations of the United States of America ("Government Obligations"), (3) evidences of ownership of proportionate interests in future interest and principal payments on Government Obligations held by a baruk or trust company or custodian, under which the owner of the investment is the real part3' in interest and has the right to proceed directly and individually against the obligor and the underlying Government Obhgafions are not available to any person claiming through the custodian or to whom the custodian may be obligated, or (4) Prerefunded Obligahons. "Delinquent Assessments" shall mean an), and all installments of any Storrnwater Improvement Assessments which are not paid when due. "Expense Account" shall mean the separate account of the Debt Ser,,'ice Fund established pursuant to Section 4.04 hereof. "Fiscal Year" shall mean the period commencing on October 1 of each year and continuing through the next succeeding September 30, or such other period as may be prescribed by law. 4 "Fitch" shall mean Fitch Investors Services, Inc., and any assigns and successors thereto. "Governing Body" shall mean the Board of Count), Commissioners of Collier County, Florida and any successor in function. "Government Grant," when used with respect to the Project, shall mean any sum of money heretofore or hereafter received by the Issuer from the United States of America or any agency thereof or from the State of Florida or any agency or political subdivision thereof as or on account of a grant or contribution, not repayable by the Issuer, for or with respect to (1) the constru.ction~ acquisition or other development of an addition, extension or improvement to any part of the t~roject or any costs of any such construction, acquisition or development, or (2) the financing of any such construction, acquisition, development or COSTS. "Insurer" shall mean such Person, if any, as shall issue a Bond Insurance Policy wMch shall guarantee the payment of principal of and interest on the Bonds. "Interest Account" shall mean the separate account in the Debt Service Fund established pursuant to Section 4.04 hereof. "Interest Date" or "interest payment date" shall be such date or dates as shall be provided by Supplemental Resolution of the Issuer. "Investment Earnings" shall mean all income and earnings derived from the investment of moneys in the rinds and accounts established hereunder, other than the Rebate Account. "Issuer" shall mean Collier Count)', Florida. "Maximum Annual Debt Sen'ice" shall mean the largest aggregate mount of Annual Debt Ser,,4ce becoming due in any Bond Year, excluding all Bond Years which shall have ended prior to the Bond Year in which the Maximum Annual Debt Service shall at an)' time be computed. "Moody's" shall mean Moody's Investors Service, and an)' assigns and successors thereto. "Non-Ad Valorem Funds" shall mean all revenues of the Issuer derived from an.,,' source whatsoever other than ad valorem taxation on real or personal properva', which are legally available to make the payments required herein, but only after provision has been made by the Issuer for the payment of~ll essential or legally mandated services. "Outstanding," when used with reference to Bonds and as of any particular date, shall describe all Bonds theretofore and thereupon being authenticated and delivered except, (l) an), Bond in lieu of which other Bond or Bonds have been issued under agreement to replace lost, mutilated or destroyed Bonds, (2) any Bond surrendered by the Holder thereof ha exchange for other Bond or Bonds trader Sections 2.05 and 2.07 hereo~, (3) Bonds deemed to have been paid pursuant to Section 9.01 hereof and (4) Bonds cancelled after purchase in the open market or because of payment at or redemption prior to maturis'. "Paying Agent" shall mean any paying agent for the Bonds ~:~inted by or pursuant to this Resolution or Supplemental Resolution and its successor or assigns, and any other Person which may at any time be substituted in its place pursuant to this Resolution. "Person" shall mean an individual, a corporation, a partnership, an association, a joint stock company, a trust, any unincorporated organization, governmental entity, or other legal entiw'. "Pledged Funds" shall mean, (1) the Storrnwater Improvement Assessments Proceeds and (2) until applied i.n accordance with the provisions of this Resolution, all moneys. including investments thereof, in the funds and accounts (other than the Rebate Account) established hereunder. If provided for by Supplemental Resolution of the Issuer, "Pledged Funds" ma.,,' also include other revenues specified therein. Such additional revenues shall be pledged in the sole discretion of the Issuer. "Prerefunded Obligations" shall mean an), bonds or other obligations of an)' state of the United States of America or of any agency, instrumentality or local governmental unit of any such state (1) wkich ate (A) not callable prior to maturity or (t3) as to which irrevocable instructions have been given to the fiduciar)' for such bonds or other obligations by the obligor to give due notice of redemption and to call such bonds for redemption on the date or dates specified in such instructions, (2) which are fully secured as to principal, redemption premium, if any, and interest by a fund held by a fiduciary consisting only of Defeasance Obligations, secured in the manner set forth in Section 9.01 hereof, which fund may be applied only to the payment of such principal of, redemption premium, if any, and interest on such bonds or other obligations on the maturity date or dates thereof or the specified redemption date or dates pursuant to such irrevocable instructions, as the ca~e ma)' be, (3) as to which the principal of and interest on the Defeasance Obligations, which have been deposited in such fund, are sufficient (as verified by a nationally recognized firm of ind~endent certified public accountants) to pay principal of, redemption premium, if an.',,, 6 and interest on the bonds or other obligations on the maturity date er dates thereof or on the redemption date or dates specified in the irrevocable inslructions referred to in clause (1) above and are not available to satisfy any other claims, including those against the fiduciary holding the same, and (4) which are rated in the highest rating category of Standard & Poor's and Moody's. "Principal Account" shall mean the separate account in the Debt Service Fund established pursuant to Section 4.04 hereof. "Project" shall mean certain improvements made within the Unit, all ss more pm'ticularly set forth in the plans and specifications on file or to be on file with the Issuer, as the sa.me may be mod/fled or amended from time to time. A general description of the Project is pros4ded m Exhibit A to Resolution No. 96-312 adopted by the Issuer on July 16, 1996 and Resolution No. 96-328 adopted by the Issuer on July 23, 1995. "Rating Agencies" means Fitch, Moody's and Standard & Poor's. "Rebate Account" shall mean the separate account in the Debt Service Fund established pursuant to Section 4.04 hereof. "Redemption Account" shall mean the separate account of the Debt Service Fund established pursuant to Section 4.04 hereof. "Redemption Price" shall mean, with respect to an), Bond or portion thereof, the principal amount or portion thereof, plus the applicable premium, if any, payable upon redemption thereof pursuant to such Bond or this Resolution. "Refunded Obligations" shall mean those certain promissory notes designated Collier Cou~W, Florida Revenue Note, Draw No. A-9-1 and Collier Count)', Florida. Revenue Note, Draw No. A-9-2, issued by the Florida Local Government Finance Commission on November 13, 1996 and , 1997, respectively. The Refunded Obligations bear interest at variable rates and we presently outstanding in the aggregate principal amount of $ "Registrar" sl'ml.l mean an5' regisu'ar for the Bonds appointed by or pursuant to fids Resolution and its successors and assigns, and any other Person wkich may at an)' time be substituted in its place pursuant to this Resolution. "Rese~'e Account" shall mean the separate account in the Debt Ser~'ice Fund established pursuant to Section 4.04 hereof. '7 "Reserve Account Insurance Policy" shall mean the insurance policy deposited in the Reserve Account in lieu of or in partial substitution for cash on deposit there~ pursuant to Section 4.04(B)(iv). "Reserve Account Letter of Credit" shall mcan a letter of credit or linc of credit or other credit facility (other than a Reserve Account Insurance Policy) deposited in the Reserx, e Account in lieu of or in partial substitution for cash on deposit therein pursuant to Section 4.0,4(B)(iv) hereof. "Reserve Account Requirement" shall mesa, as of any date of calculation, an amount equal to the lesser of(l) Maximum Annual Debt Service for all Outstanding Bonds, (2) 125% of the average annual debt service for all Outstanding Bonds, or (3) such other amount, ifa.ny, as shall be prox'ided by Supplemental Resolution of the Issuer and approved by Bond Cotmse] as being the maximum amount which may be funded fi.om proceeds of Bonds or other sources without (A) being subject to yield restriction or (B) causing the Bonds to be deemed "arbitrage bonds" whh~n the meaning of the Code. "Resolution" shall mean this Resolution, as the same may fi.om time to time be amended, modified or supplemented by Supplemental Resolution. "Serial Bonds" shall mean all of the Bonds other than the Term Bonds. "State" shall mean the State of Florida "Standard & Poor's" shall mean Standard &Poor's Ratings SerMces, a Division of the McGraw-Hill Corporation, and any assigns and successors thereto. "Stormwater Assessment Ordinance" shall mean ordinance No. 86-37 enacted by the Issuer on July 29, 1986, as amended and supplemented by Ordinance No. 9.5-44 enacte~t by the Issuer on July 18, 199.5, as the same ma), be amended and supplemented from time to ti. me. "Stormwater Improvement Assessments" means an), and all special assessments against property benefited by the Project or an), part thereof levied in accordance with the Stormwater Assessment Ordinance. "Stormwater Improvement Assessments Proceeds" means the proceeds of Stormwater Lmprovement Assessments lawfully levied and collected by the Issuer (net of any Collection Costs relating thereto), including an), interest and penalties on such Assessment~. whether paid at one time or in installments fi'om time to time. Stormwater Improvement /6 Assessments Proceeds shall include moneys lawfully received by the Issuer on account of collection of Delinquent Assessments or the proceeds of any re-assessment made pursuant lo Section 5.08 hereof. Stormwater Improvement Assessments Proceeds shall also include any other mounts made available by the Issuer, in its sole discretion, pursuant to Section 5.09 hereof. "Supplemental Resolution" shall mean any resolution of the Issuer amending or supplementing this Resolution enacted and becoming effective in accordance with the terms of Sections 8.01, 8.02 and 8.03 hereof. "Term Bonds" shall mean those Bonds which shall be designated as Term Bonds hereby or by Supplemental Resolution of the Issuer. "Unit" shall mean the Naples Park Area Drainage Improvements Municipal Service Benefit Umt created by Resolution No. 96-311 adopted by the Issuer on July 16, 1996. The terms "herein, .... hereunder," "hereby, .... hereto," "hereof," and any similar terms, shall refer to this Resolution; the term "heretofore" shall mean before the date of adoption of this Resolution; and the term "hereafter" shall mean after the date of adoption of this Resolution. Words importing the masculine gender include every other gender. Words importing the singular number include the plural number, and ,,'ice versa. SECTION 1.02. AUTHORITY FOR RESOLUTION. This Resolution is adopted pursuant to the provisions of the Act. The Issuer has ascertained and hereby determined that adoption of this Resolution is necessary to carry out the powers, purposes and duties expressly pro,Aded in the Act, that each and every matter and th/rig as to wkich provision is made herein is necessary in order to carry out and effectuate the purposes of the Issuer in accordance vdth the Act and to carry out and effectuate the plan and purpose of the Act, and that the powers of the Issuer herein exercised are in each case exercised in accordance Mth the provisions of the Act and in furtherance of the purposes of the Issuer. SECTION 1.03. RESOLUTION TO CONSTITUTE CONTRACT. In consideration of the pm'chase and acceptance of any or all of the Bonds by those who shall hold the same from time to time, the provisions of this Resolution shall be a part of the contract of the Issuer with the Holders of the Bonds, and shall be deemed to be and shall constitute a contract between the Issuer, the Holders from time to time of the Bonds and any Insurer or Credit Bank. The pledge made in the Resolution and the provisions, covenams and agreemer, ts herein set forth to be performed by or on behalf of the Issuer shall be for the equal benefit, protect/on and security of the Holders of any and ali of said Bonds and any insurer or Credit Bank, but only in sccordance with the terms hereof. SECTION 1.04. FIN'DINGS. It is hereby ascertained, determined and declared: (A) The Issuer previously issued the Refunded Obligations in order to finance the acquisition and construction of the Project. 03) The Issuer hereby deems it in its best interests to refund the Refunded Obligations in order to restructure the Issuer's debt and establish fixed interest rates with respect to the borrow~gs represented by the Refunded Obligations. (C) The Issuer hereby deems it in its best interests to issue the Bonds in order to facilitate the refunding of the Refunded Obligations. (D) The principal of, or Redemption Price, if applicable, and interest on the Bonds shall be paid from the Pledged Funds, unless otherwise paid by the Insurer thereof, if any. The Issuer shall never use or be required to use an), ad valorem taxes for the payrnent of the Bonds. The Bonds shall not constitute a direct obligation of the Issuer or a pledge of its faith and credit, nor shall the Bondholders have an), lien or encumbrance on an), property in the Issuer, including the Project, other than the Pledged Funds. SECTION 1.05. AUTHORIZATION OF REFUNDING. The Issuer does hereby authorize the refunding of the Refunded Obligations. 10 ARTICLE II AUTHOI~IZATION', TERMS, EXECUTION AND REGISTRATION OF BONDS SECTION 2.01. AUTHOI~IZ&TION AND DESCRIPTION OF BONDS. in accordance with the terms of the Stormwater Assessment Ordinance, this Resolution creates an issue of bonds of the Issuer entitled to the benefit, protection and seem'try of this Resolution which shall be in the aggregate principal amount of not exceeding $ The Bonds are issued for the principal purpose of refunding the Refunded Obligations, paying capitalized int~est on the Bonds, funding the Reserve Account and paying certain costs incurred in connection with the issuance of the Bonds, The Bonds shall be designated as "Collier Count),, Florida Naples Park Area Stormwater Improvement Assessment Bonds, Series 1997"; provided the Issuer may change such designation pursuant to Supplemental Resolution. The Bonds shall be dated as ofthe first day of the month in which occurs the deliver)' of the Bonds to the purchaser or purchasers thereof or such other date or dates as may be set forth by Supplemental Resolution of the Issuer; shall be issued as full)' registered Bonds; shall be numbered consecutively from one upward in order of maturity; shall be in such denominations and shall bear interest at a rate or rates not exceeding the maximum rate permitted by law, payable in such manner and on such dates; shall consist of such amounts of Serial Bonds and Term Bonds maturing in such years and amounts not exceeding such period as ma.,,' be permitted by the Act at the time of issuance; shall be payable in such place or places; shah have such Pa)d.ng Agents and Registrars; and shall contain such redemption pro'cisions; all as the Issuer shall provide hereafter by Supplemental Resolution. The principal of or Redemption Price, if applicable, on the Bonds are payable upon presentation and surrender of the Bonds at the designated corporate mast office of the Paying Agent. Interest payable on the Bonds on any Interest Date will be paid by check or draft of the Paying Agent to the Holder in whose name such Bond shall be registered at the close of business on the date which shall be the fifteenth day (whether or not a business day) of the calendar month next preceding such Interest Date, or, at the prior written request and expense of such Holder, by bank wire transfer for the account of such Holder. In the event the interest payable on any Bond is not punctually paid or duly provided for by the Issuer on such Interest Date, such defaulted interest will be paid to the Holder in whose name such Bond shall be registered at the close of business on a special record date for the payment of such defaulted interest as established by notice to such Holder, not less than ten days preceding such special record date. All payrnents of principal of or Redemption Price, if applicable, and interest on the Bonds shall be payable in any coin or currency of the United States of America which at the time of payment is legal tender for the payment of public and private debts. SECTION 2.02. APPLICATION OF BOND PROCEEDS. Except as otherwise provided by Supplemental Resolution of the Issuer, the proceeds derived fi.om the sale of the Bonds, including accrued interest, if any, shall, simultaneously with the delivery of the Bonds to the purchaser or purchasers thereof, be applied by the Issuer as follows: (A) Accrued interest and any capitalized interest in an amount provided b),' Supplemental Resolution shall be deposited in the Interest Account and shall be used orr),, for the purpose of paying the interest which shall thereafter become due on the Bonds. (B) A sufficient amount of the Bond proceeds shall be transferred to the Florida Local Government Finance Commission pursuant to the instructions of the Commission in order to fully pay the principal of and interest on the Refunded Obligations on the date of issuance of the Bonds. (C) An amount of Bond proceeds, dan),, shall be deposited in the Reserve Account ,,,,'hick, together with any Rese~'e Account Insurance Policy and/or Reserve Account Letter of Credit obtained in accordance with Section 4.04(B)(iv) hereof, shall equal the Reserve Account Requirement. (D) An amount of proceeds ofthe Bonds shall be applied to the payment of costs and expenses relating to the issuance of the Bonds, including any premiums for a Bond Insurance Policy within six months of the issuance of the Bonds. (E) The balance of the Bond proceeds, if an),', shall be deposited to the Interest Account and shall be used to pay interest coming due on the Bonds. SECTION 2.03. EXECUTION OF BONDS. The Bonds shall be executed in the name of the Issuer with the manual or facsimile signature of the Chairman and the official seal of the Issuer shall be imprinted thereon, attested and countersigned with the manual or facsimile signature of the Clerk. In case any one or more of the officers who shall have signed or sealed any of the Bonds or whose facsimile signature shall appear thereon shall cease to be such officer of the Issuer before the Bonds so signed and sealed have been actually sold and delivered such Bonds may nevertheless be sold and delivered as herein provided and may be issued as if the person who signed or sealed such Bonds had not ceased to hold such office. An)' Bond may be signed and sealed on behalf ofthe Issuer by such person who at the actual time of the execution of such Bond shall hold the proper office of the issuer, althou~ at the date of such Bond such person may not have held such office or may not have been so authorized. The Issuer may adopt and use for such purposes the facsimile signatures of any such persons who shall have held such offices at any time after the date of the adoption of th.is Resolution, notwithstanding that either or both shall have ceased to hold such office at the time the Bonds shall be actually sold and delivered. SECTION 2.04. AUTI-IENTICATION. No Bond shall be secured hereunder or entitled to the benefit hereof or shall be valid or obligatory for any purpose un.less there shall be manually endorsed on such Bond a certificate of authentication by the Registrar or such other entity as may be approved by thc Issuer for such purpose. Such certificate on any Bond shall be conclusive evidence that such Bond has been duly authenticated and delivered under th.is Resolution. The form of such certificate shall be substantially in the form pro'tided in Section 2.08 hereof. SECTION 2.05. TEMPORARY BONDS. Until the def'mitive Bonds are prepared, the Issuer may execute, in the same manner as is provided in Section 2.03, and deliver, upon authentication by the Registrar pursuant to Section 2.04 hereof, in lieu of definitive Bonds, but subject to the sa.me provisions, limitations and conditions as the definitive Bonds, except as to the denominations thereof, one or more tempora.ry Bonds substantially of the tenor of the definitive Bonds in lieu of which such temporary Bond or Bonds are issued, in denominations authorized by the Issuer by subsequent resolution and with such omissions, insertions and variations as may be appropriate to tempora.D' Bonds. The Issuer, at his own expense, shall prepare and execute definitive Bonds, wMch shall be authenticated by the Registrar. Upon the surrender of such temporary Bonds for exchange, the Registrar, without charge to the Holder thereof, shall deliver in exchange therefor def'mirive Bonds, of the same aggregate principal amount and matuHt)' as the temporar5' Bonds surrendered. Until so exchanged, the temporary Bonds shall in all respects be entitled to the same benefits and security' as definitive Bonds issued pursuant to ti'tis Resolution. All tempora.D' Bonds surrendered in exchange for another tempora.ry Bond or Bonds or for a definitive Bond or Bonds shall be forthwith cancelled by the Registrar. SECTION 2.06. BONDS M'LTILATED, DESTROY'ED, STOLEN OR LOST. In case any Bond shall become mutilated, or be destroyed, stolen or lost, the Issuer ma5', in its discretion, issue and deliver, and the Regiswar shall authenticate, a new Bond of Like tenor as the Bond so mutilated, destroyed, stolen or lost, in exchange and substitution for such mutilated Bond upon surrender and cancellation of such mutilated Bond or in lieu of and substitution for the Bond destroyed, stolen or lo~ and upon the Holder fumish~g the Issuer and the Registrar proof of his ownership thereof and satisfactory indemaity and complying with such other reasonable regulations and ¢on~tions as the Issuer or the Registrar may prescribe and paying such expenses as the Issuer and the Registrar may incur. All Bonds so sur;'endered shall be cancelled by the Registrar. If any of the Bonds shall have matured or 13 be about to mature, instead of issuing a substitute Bond, the Issuer may pay the same or cause the Bond to be paid, upon being indemnified as aforesaid, and if such Bonds be lost, stolen or destroyed, without surrender thereof. Any such duplicate Bonds issued pursuant to this Section 2.06 shall constitute original, additional contractual obligations on the part of the Issuer whether or not the lost, stolen or destroyed Bond be at any time found by anyone, and such duplicate Bond shall be entitled to equal and proportionate benefits and fights as to lien on the Pledged Funds to the same extent as all other Bonds issued hereunder. SECTION 2.07. INTERCHANGEABILITY, NEGOTIABILrI~' AND TRANSFER. Bonds, upon surrender thereof at the office of the Registrar with a v, Titlen insu'ument of transfer satisfactory to the Registrar, duly executed by the Holder thereof or his attorney duls' authorized in writing, may, at the option of the Holder thereof, be exchanged for an equal aggregate principal amount of registered Bonds of the same maturity of any other authorized denominations. The Bonds issued under this Resolution shall be and have all the qualities and incidents of negotiable instruments under the law merchant and the Uniform Commercial Code of t_he State of Florida subject to the provisions for registration and transfer contained in this Resolution and in the Bonds. So long as any ofthe Bonds shall remain Outstanding, the Issuer shall maintain and keep, at the office of the Registrar, books for the registration and transfer of the Bonds. Each Bond shall be transferable on]), upon the books of the Issuer, at the office of the Registrar, under such reasonable regulations as the Issuer ma)' prescribe, by the Holder thereof in person or by his attorney duly authorized in v, riting upon surrender thereof together with a v, ritten instrument of transfer satisfactory to the Registrar duly executed and guaranteed by the Holder or his duly authorized attorney. Upon the transfer of any such Bond, the Issuer shall issue, and cause to be authenticated, in the name of the transferee a new Bond or Bonds of the same aggregate principal amount, type and maturity as the surrendered Bond. The Issuer, the Registrar and any Paying Agent or fiduciary of the Issuer ma)' deem and treat the Person in whose name any Outstanding Bond shall be registered upon the books of the Issuer as the absolute owner of such Bond, whether such Bond shall be overdue or not, for the purpose of receiving payment of, or on account of, the principal or Redemption Price, if applicable, and interest on such Bond and for all other purposes, and ~ such payments so made to any such Holder or upon his order shall be valid and effectual to satisfy and d/scharge the liability upon such Bond to the extent of the sum or sums so paid and neither the Issuer nor the Registrar nor any Pa)lng Agent or other fiduciary of the Issuer shall be affected by an)' notice to the contra/),. The Registrar, in any case where it is not also the Paying Agent in respect to the Bonds, forthwith (A) foLIovdng the fifteenth day prior to an Interest Date for such the Bonds; (B) following the fifteenth day next preceding the date of £LrSt mailing of notice of redemption of any Bonds and continuing until the date of such redemption; and (C) at an}, other time as reasonably requested by the Paying Agent, shall certify and furnish to such Paying Agent the names, addresses and holdings of Bondholders and any other relevant information reflected in the registration books. Any Paying Agent of any fully registered Bond shall effect payment of interest on such Bonds by mailing a check to the Holder entitled thereto or may, in lieu thereof, upon the request and at the expense of such Holder, transmit such payment by bank wire transfer for the account of such Holder. In all cases in which the privilege of exchanging Bonds or transferring Bonds is exercised, the Issuer shall execute and deliver Bonds and the Registrar shall authenticate such Bonds in accordance with the provisions of this Resolution. Execution of Bonds by the Chairman and Clerk for purposes of exchanging, replacing or transferring Bonds may occur at the time of the original delivery of the Bonds. All Bonds surrendered in any such exchanges or ~ansfers shall be destroyed by the Registrar which shall provide the Issuer with a certificate as to such destruction. For every such exchange or transfer of Bonds, the Issuer or the Registrar ma)' make a charge sufficient to reimburse it for any tax, fee, expense or other governmental charge required to be paid with respect to such exchange or transfer. The Issuer and the Registrar shall not be obligated to make an), such exchange or transfer of Bonds during the 15 days next preceding an Interest Date on the Bonds, or, in the case of any proposed redemption of Bonds, then during the 15 days next preceding the date of the ftr~t mailing of notice of such redemption and, for the Bonds subject to redemption, continuing until such redemption date. The Issuer may eIect to issue the Bonds as uncertificated registered public obligations (not represented by instruments), commortly known as book-entry obligations, pro,tided it shall establish a system of registration therefor by Supplemental Resolution. SECTION 2.08. FORM OF BONDS. The text of the Bonds shall be in substantially the following form with such omissions, insertions and variations as ma)' be necessar), and/or desirable and approved by the Chairman prior to the issuance thereof (which necessity and/or desirability and approval shall be presumed by such officer's execution ofthe Bonds and the Issuer's delivery of the Bonds to the purchaser or purchasers thercoO: 15 No. R- [Form of Bond] UNITED STATES OF AMERICA STATE OF FLORIDA COLLIER COUNTY, FLORIDA NAPLES PARK AREA STORMWATER IMPROVEMENT ASSESSMENT BOND, SERIES 1997 Interest Maturits, Date of Registered Holder: Principal Amount: Collier Count5., Florida, a political subdivision of the State of Florida, and ans' successor thereto (the "Issuer"), for value received, hereby promises to pay, solely from th~ Pledged Funds hereinafter deschbed, to the Registered Holder identified above, or regis;ered assigns as herein~er prov/ded, on the Maturity Date identified above, the Principal Amount identified above and to pay interest on such Principal Amount from the Date of Original Issue identified above or from the most recent interest payment date to which interest has been paid at the Lnterest Rate per annum identified above onand of each year commencing until such Principal Amount shall have been paid, except as the provisions hereinafter set forth with respect to redemption prior to maturits' may be or become applicable hereto. Such Principal Amount and interest and the redemption premium, if any, on th. is Bond are payable in any coin or currency of the United States of America which, on the respective dates ofpayment thereof, shall be legal tender for the payment ofpublic and private debts. Such Principal Amount and the prern/um, il'any, on this Bond, are payable at the designated 16 ,0 corporate trust office of_ , , , as Paying Agent. Payment of each installment of interest shall be made to the person in ',','hose name this Bond shall be registered on the registration books of the Issuer maintained by ... , as Registrar, at the close of business on the date which shall be the fifteenth da)' (whether or not a business day) of the calendar month next preceding each interest payment date and shall be paid by a check of such Paying Agent mailed to such Registered Holder at the address appearing on such registration books or, at the written request and expense of such Registered Holder, by bank wire ~'ansfer for the account of such Holder. TI:ds Bond is one of an authorized issue of Bonds in the aggregate principal amount of $ (the "Bonds") oflike date, tenor and effect, except as to maturity date, interest rate, principal amount, registered owner and number, issued principally to refund the Issuer's outstanding Collier County, Florida Revenue Note, Draw No. A-9-1 and Collier Count)', Florida Revenue Note, Draw No. A-9-2, under the authority of nnd in full compliance with the Constitution and laws ofthe State of Florida, particularly Chapter 12.5, Florida Statutes, Ordinance No. 86-37 duly adopted by the Board of County Commissioners of the Issuer on Jul)' 29. 1986, as amended and supplemented, and other applicable provisions of law (collectively, the "Act"), and a resolution duly adopted by the Board of Count-,' Commissioners of the Issuer on January __, 1997, as supplemented (the "Resolution".), is subject to all the terms and conditions ofthe Resolution. Th. is Bond and the interest hereon are payable solely from and secured by a lien upon and a pledge of (l)Stormwater Improvement Assessments Proceeds (as defined in the Resolution) relating to the stormwater improvements financed by the Bonds and (2) until applied in accordance ,,,,-/th the Resolution, all moneys, including investments thereof, in the funds and accounts (other than the Rebate Account) established by the Resolution; subject in each case to the application thereof for the purposes and on the conditions perm/ned by the Resolution (coLlectively, the "Pledged Funds"). It is expressly agreed by the Registere~ Holder of this Bond that the full fa/th and credit of the Issuer are not pledged to the payment of the principal of, prermum, if an3', and interest on this Bond and that such Holder shall never have the fight to require or compel the exercise of any taxing power of the Issuer to the payment of such principal, prern/um, if any, and interest. This Bond and the obligation evidenced hereby shall not constitute a lien upon any property of the Issuer, but shall constitute a lien only on, and shall be payable solely from, the Pledged Funds in accordance with the terms of the Resolution. The Issuer may issue obligations on parity with the Bonds as to lien on and pledge ofthe Pledged Funds in accordance with the te, n~s ofthe Resolution. Pursuant to the Resolution, the Issuer has covenanted that, in the event of a deficiencv in the Reserve Account, it shall appropriate in its annual budget, by amendment, ffnecessar3'.' such amounts of Non-Ad Valorem Funds (as defined in the Resolution) which are not otherwise pledged, restricted or encumbered, as shall be necessar), to make up such 17 deficiency; provid¢ct, however, such covenant of the Issuer is limited to an aggregate amount equal to the Rest-rye Account Requirement (as defined in the Resolution) for the Bonds. The Issuer shall not be obligated to make up any deficiency in the Reserve Account to the extent the Issuer has previously made up deficiencies in the Reserve Account from Non-Ad Valorem Funds in an aggregate amount equal to such Reserve Account Requirement. Such covenant to appropriate Non-Ad Valorem Funds is not a pledge by the Issuer of such Non- Ad Valorem Funds and is subject in all respects to the payment of obligations secured by a pledge of such Non-Ad Valorem Funds heretofore or hereafter entered into (including the payment of debt service on bonds or other debt insm,u'nents) and also to the payment o£ services and programs which are for essential public purposes affecting the health, welfare and safety of the inhabitants of the Issuer or which are legally mandated by applicable law. Neither the members of the Board of County Commissioners of the Issuer nor an)' person executing this Bond shall be liable personally hereon or be subject to any personal liability or accountability by reason of the issuance hereof. REFERENCE IS HEREBY MADE TO THE FURTHER PROVISIONS OF THIS BOND SET FORTH ON THE REVERSE SIDE HEREOF AND SUCH FURTHER PRO\rISIONS SHALL FOR .~LL PURPOSES HAVE THE SAME EFFECT AS IF SET FORTH ON THE FRONT SIDE HEREOF. This Bond is one of a Series of Bonds which were validated by judgment of the C~cuit Court of the Twentieth Judicial Circuit of Florida in and for Collier County, Florida, rendered on , __. Th.is Bond shall not be v~d or become obligatory for any purpose until the certificate of authentication hereon shall have been signed by the Registrar. E~' WI/NESS WHEREOF, the Board of County Commissioners of Count)', Florida has issued this Bond and has caused the same to be executed by the manual or facsimile signature of the Chairman, and by the manual or facsimile signature of the Clerk of the Board of County Commi~-qoner~ of Collier County, Florida, and i~ corporate seal or a facsimile thereof~o be affixed or reproduced hereon, all a~ of the Da~e of OHginal I~$ue. COLLIER COUNTY, FLORIDA (SEAL) Chaimum of the Board of County Commissioners of Collier County, Florida Clerk of the Board of County Commissioners of Collier County, Florida 19 (Provisions on reverse side of Bond) This Bond is transferable in accordance with the terms of the Resolution only upon the books of the Issuer kept for that purpose at the designated corporate trust office of the Registrar by the Registered Holder hereof in person or by his attorney duly authorized in writing, upon the surrender of this Bond together with a written instrument of transfer satisfactor5' to the Registrar duly executed by the Registered Holder or his attorney duly authorized in writing, and thereupon a new Bond or Bonds in the same aggregate principal amount shall be issued to the transferee in exchange therefor, and upon the payment of the charges, if any, therein prescribed. The Bonds are issuable in the form of fully registered Bonds in the denomination of $$,000 and any integral multiple thereof, not exceeding the aggregate principal amount of the Bonds. The Issuer, the Registrar and any Paying Agent may treat the Registered Holder of this Bond as the absolute owner hereof for all purposes, whether or not this Bond shall be overdue, and shall not be affected by any notice to the contrary. The Issuer shall not be obligated to make any exchange or transfer ofthe Bonds during the 15 days next preceding the interest payment date or, in the case of any proposed redemption ofthe Bonds, then during the 15 days next preceding the date of the firs! mailing of notice of such redemption an~ for the Bonds subject to such redemption, continuing until the date fixed for redemption. (INSERT R.EDEMPTION PRO\qSIOXS) Redemption of this Bond under the preceding paragraphs shall be made as provided in the Resolution upon notice given by fu'st class mail sent at least 30 days prior to the redemption date to the Registered Holder hereof at the address shown on the registration books maintained by the Registrar; provided, however, that failure to mail notice to the Registered Holder hereof, or an5' defect therein, shall not affect the validits, of the proceedings for redemption of other Bonds as to v,'kich no such failure or defect has occurred. In the event that less than the full amount hereof shall have been called for redemption, the Registered Holder hereof shall surrender this Bond in exchange for one or more Bonds in an aggregate principal amount equal to the unredeemed portion of principal amount, as provided in the Resolution. Reference to the Resolution and any and all resolutions supplemental thereto and modifications and amendments thereof and Io the Act is made for a description of the pledge and covenants securing this Bond, the nature, manner and extent of enforcement of such pledge and covena.nts, and he fights, duties, immunities and obligations of the Issuer. It is herc,"a, certified and recited that all acts, conditions and things required to exist, to happen and to be performed precedent to and in the issuance of' this Bond, exist, have happened and have been performed, in regular and due form and lime as required by the laws and Constitution of~e State of'Florida applicable thereto, and that the issuance of the Bonds does not violate any constitutional or statutory limitations or provisions. 21 ASSIGNMENT FOR VALUE RECEIVED, the undersigned sells, assigns and transfers unto --_ Insert Social Security or Other Identif)ing Number of Assignee ('Name and Address of Assignee) the within Bond and does hereby irrevocably constitute and appoint. , as attorney to register the transfer ofthe said Bond on the books kept for registration thereof with fi. tl] power of substitution in the premises. Dated: Signature guaranteed: NOTICE: Signature(s) must be guaranteed by an institution which is a participant/n the Securities Transfer Agent Medallion Program (STAMP) or similar program. NOTICE: The signature to th.is assignment must correspond with the name of the Registered Holder as it appears upon the face of the within Bond in ever), particular, without alteration or enlargement or any change whatever and the Social Security or other identify/ng number of such assignee must be supplied. 22 The following abbreviations, when used in the inscription on the face of the within Bon~ shall be construed as though they were written out in full according to applicable laws or regulations: TEN COM - as tenants in common TEN ENT - as tenants by the entireties JT TEN - as joint tenants with right of survivorship and not as tenants in common UNIF TR~NS MIN ACT -- (Cust.) Custodian for under Uniform Transfers to Minors Act of (State) Additional abbreviations may also be used though not in list above. CERTIFICATE OF AUTHENTICATION This Bond is one of the Bonds of the Issue described in the within-mentioned Resolution. DATE OF AUTHENTICATION: Registrar By: Authorized Officer 23 ARTICLE III REDEMPTION OF BONDS SECTION 3.01. SELECTION OF BONDS TO BE REDEEMED. The Bonds shall be redeemed only in the principal amount of $5,000 each and integral multiples thereof. The Issuer shall, at least ,15 days prior to the redemption date (unless a shorter time period shall be satisfactory to the Registrar), notify the Registrar of such redemption date and of th e maturity or principal amount of Bonds to be redeemed. For purposes of any redemption of less than all ofthe Outstanding Bonds ora single maturity, the particular Bonds or portions of Bonds to be redeemed shall be selected not more than 45 days prior to the redemption date by the Registrar fi.om the Outstanding Bonds of'the maturity or maturities designated by the Issuer by such method as the Registrar shall deem fair and ~ppropriate and wkich ma),, provide for the selection for redemption of Bonds or portions of Bonds in principal amounts of $5,000 and integral multiples thereof. If less than all of the Outstanding Bonds ora single maturity are to be redeemed, the Registrar shall promptly notify the issuer and Pa),'i. ng Agent (if the Registrar is not the Paying Agent for such Bonds) in writing of the Bonds or portions of Bonds selected for redemption an& in the case o£any Bond selected for partial redemption, the principal amount thereof to be redeemed. SECTION 3.02. NOTICE OF REDEMPTION. Notice of such redemption. which shall specif-), the Bond or Bonds (or portions thereof) to be redeemed and the date and place for redemption, shall be given by the Registrar on behalf of the Issuer, and (A) shall be filed with the Payi.ng Agent of the Bonds, and (B) shall be mailed first class, postage prepaid, at least 30 days and not more than 45 days prior to the redemption date to all Holders of Bonds to be redeemed at their addresses as they appear on the registration books kept by the Registrar as ofthe date of mailing of such notice. Failure to mail such notice to the Holders of the Bonds to be redeemed, or an2,' defect therein, shall not affect the proceedings for redemption of Bonds as to wkich no such failure or defect has occurred. Notice of optional redemption of Bonds shall only be sent if the Issuer determines it shall have sufficient funds available to pay the Redemption Price of and interest on the Bonds called for redemption on the redemption dates. Each notice of redemption shall state: (1)the CUSIP numbers of all Bonds being redeemed, (2) the ofigL~ issue date of such Bonds, (3) the maturity date and rate ofinterest borne by each Bond being redeemed, (4) the redemption dale, (5) the Redemption Price, (6) the date on v,'hJch such notice is mailed, (7) if less than all Outstanding Bonds are to be 24 3.9- redcemed, the certificate number (and, in the case of a partial redemption of any Bond, the principal amount) ofeach Bond to be redeemed, (8) that on such redemption date there shall become due and payable upon each Bond to be redeemed the Redemption Price thereof, or the Redemption Price ofthe specified portions of the principal thereof in the case of Bonds to be redeemed in part only, together with interest accrued thereon to the redemption date, and that fi.om and after such date interest thereon shall cease to accrue and be payable, and (9) that the Bonds to be redeemed, whether as a whole or in part, are to be surrendered for payment of the Redemption Price at the designated corporate lzust oflSce of the Registrar at an address specified. In addition to the mailing of the notice described above, each notice of redemption and payment of the Redemption Price shall meet the following requirements; pro',-ided, however, the failure to provide such further notice of redemption or to comply with the terms oft}tis paragraph shall not in any manner defeat the effectiveness ora call for redemption if notice thereof is given as prescribed above: (i) Each further notice of redemption shall be sent by certified mail or overmght delivery ser~'ice or telecopy lo all registered securities depositories then in the business of holding substantial amounts of obligations of types comprising the Bonds (such depositories now being The Depositor). Trust Company, New York, New York, Niidwest Securities Trust Company, Chicago, Illinois, Pacific Securities Depositor). Trust Company, San Francisco, California, and Philadelphia Depositor)' Trust Company, Philadelphia, Pennsylvania) and to two or more national information services v,'hich disseminate notices of prepayment or redemption of obligations such as the Bonds (such information ser~,ices nov,' being Financial Information, l. nc.'s "Daily Called Bond Service," Jersey City, New Jersey, Ken.ny Information Ser~'ice's "Called Bond Service," Ney,' York, New York, Moody's "Municipal and Government," New York, New York and Standard & Poor's "Called Bond Record," New York, New York). (ii) Each further notice ofprepayment shall be sent lo such other Person, if any, as shall be required by applicable law or regulation. The nolJce ofredempt~on described in this paragraph need not be given as described above if the Bonds called for redemption are registered pursuant to a book-entry-only system SECTION' 3.03. REDEMPTION' OF PORTION'S OF BONDS, Any Bond which is to be redeemed orgy in part shall be surrendered at any place of payment specified in the notice of redemption (v,4th due endorsement by, or v, vitten instrument of~ansfer in form satisfactor), lo the Registrar duly executed by, the Holder thereof or his anomey duly authorized in v,Titing) and the Issuer shall execute and the Registrar shall authenticate an~t deliver to the Holder of such Bond, without service charge, a new Bond or Bonds, of any authorized denomination, as requested by such Holder in an aggregate principal amount equal to and in exchange for the unredeemeu po~on of' the principal of the Bonds so surrendered. SECTION 3.04. PAYM~N'T OF REDEEM]~D BONDS. Notice of redemption having been g~ven substantially as aforesaid, the Bonds or portions of Bonds so to be redeemed shall, on the redemption date, become due and payable at the Redemption Price therein specified, and fi.om and al~er such date (unless l~e Issuer shall default in the payment ofthe Redemption Price) such Bonds or port/ohs of Bonds shalJ cease to bear interest. Upon ~.n'rcnder of such Bonds for redemption in accordance w~th said notice, such Bonds shall be paid by the Registrar and/or Paying Agent at the appropriate Redemption Price, plus accrued interest. All Bonds wi'rich have been redeemed shall be cancelled and destroyed by the Registrar and shall not be reissued. ARTICLE IV SECURITY, SPECIAL FUNDS AND APPLICATION THEREOF SECTION 4.01. BONDS NOT TO BE INDEBTEDNESS OF ISSUER. The Boners shall not be or constitute general obligations or indebted, ness of the Issuer as "bonds" within the meaning of any constitutional or statutory provision, but shall be special obBgations oft.he Issuer, payable solely from and secured by a lien upon and pledge of the Pledged Funds, in the manner and to the extent provided in fl'tis Resolution and any moneys payable pursuant to any Credit Facility or Bond Insurance Policy. No Holder of any Bond shall ever have the right to compel the exercise of any ad valorem taxing power to pay such Bond, or be entitled to payment of such Bond from any moneys ofthe Issuer, except from the Pledged Funds and the Non-Ad Valorem Funds, in the manner and to the extent provided herein. SECTION 4.02. SECURITY FOR BONDS. The payment oft he principal of or Redemption Price, if applicable, and interest on the Bonds shall be secured forthwith by a pledge of and lien upon the Pledged Funds in accordance with the terms hereof. The Bonds may also be paid fi.om Non-Ad Valorem Funds deposited to the Reserve Account pursuant to section 4.06 hereof. The Bonds may additionally be secured by a Credit Facility or Bond Insurance Policy. The Issuer does hereby irrevocably pledge the Pledged Funds to the payment of the principal of or Redemption Price, if applicable, and interest on the Bonds in accordance with the provisions hereof. The Pledged Funds shall immediately be subject to the lien ofthJs pledge without any physical delivery thereof or further act, and the lien of this pledge shall be valid and binding as against all parties ha',4ng claims of any kind in tort, contract or otherwise against the Issuer. SECTION 4.03 CONSTRUCTION FUND. The Issuer reser-,'es the fight to establish a "Construction Fund" in the event it issues additional pat-it>' obligations pursuant to Section 6.01 hereof. SECTION 4.04. CREATION OF DEBT SER~,qCE FUND. The Issuer covenants and agrees to establish a special fund in a bank, u'ust company or such other entity in the State, which is eligible under the laws of the State to receive funds of the Issuer, to be known as the "Collier Count,], Florida Naples Psrk Area Stormwater Improvement Assessment Bonds, Series 1997 Debt Service Fund." The Issuer shall maintain six accounts in the Debt Serx4ce Fund: the "Interest Account," the "Principal Account," the "Reserx'e Account," the "Redemption Account," the MExpense Account" and the "Rebate Account." 3.5 Moneys in the ~oremenfioned fund and accounts (other than the Rebate Account), tmti] appl/ed in accordance with the provisions hereof', shall be subject to a lien and charge in favor of the Holders of the Bonds. The Issuer may at any ti. me and from time to t~rne appoint one or more deposit~es to hold, for the benefit of the Bondholders, any one or more of the funds and accounts established hereby. Such depositary or depositaries sh~ll perform at the direction of the Issuer the duties of the Issuer in depositing, transferring and disbursing moneys to and from each of such funds and accounts as herein set forth, and ~11 records of such deposit~y in performing such duties shall be open at all reasonable times to inspec~on by the Issuer and its agents and employees. Any such depositary shall be a bank or trust company duly author/zed to exercise corporate trust powers and subject to examination by federal or state authofitT, of good standing, and be qualified under applicable State law. SECTION 4.05. DISPOSITION OF STOR~t'WATER IMPROgT. MENT ASSESSMENTS. (A) All Stormwater improvement Assessments shall be deposited, as received, into the Debt Se~'~ce Fund. (B) ALI moneys at any l~rne on deposit in the Debt Service Fund shall be disposed of b)' the Issuer, as soon as practicable after deposit thereof, in the follov, ing order of prionn.': (il ,~. The Issuer shall deposit into the Expense Account amounts requ~ed ibr the pa)'ment or reimbursement of the Paying Agent's fees and expenses and the pa.xTnent of CoLlect~on Costs and other administrative expenses relating to the Bonds or the Stormwater Improvement Assessments; all such fees, costs and expenses shall be reasonable. (ii) ,~. The Issuer shall deposit or credit to the Interest Acco~mt the sum which, together with the balance in said Account shall equal the interest on all Outstanding Bonds due or to become due during the current Bond Year. Moneys in the Interest Account shall be used solely for payment of interest on the Bonds when the same become due and payable. (iii) Principal Accoun!. The Issuer shall deposit or credit to the Principal Account the scum wh/ch, together with the balance in said Account, shall equal the principal or Amortization Installment due or to become due during the current Bond Year on the Ou~,~ding Bonds. Moneys in the Principal Account shall be used solely for the payment of principal ~d Amortization Installment of the Bonds when thc same become due and payable. 28 Amounts accumulated in the Principal Account with respect to tony Amortization Installment (together with amounts accumulated in the Interest Account with respect to ~terest, ii'any, on the Term Bonds for which such Amorfi?~tion Installment was established) may be applied by the Issuer, on or prior to the 60th day preceding the due date of such Amortiz,'~tion Installment, (a) to the purchase of Term Bonds for which such Amortization lmtallment was es~ablishect, or Co) to the redemption at the applicable Redemption Prices of such Term Bonds, ifthen redeemable by their terms. The applicable Redemption Price (or principal amount of maturing Term Bonds) of any Term Bonds so purchased or redeemed shall be deemed to constitute part of the Principal Account until such Amortization Installment date, for the purposes of calculating the amount of such Account. As soon as practicable after the 60th day preceding the due date ofany such Amortization Installment, the Issuer shall proceed to call for redemption on such due date, by causing notice to be g/ven as provided in Section 3.02 hereof, Term Bonds for wkich such Amortization Installmemt was established (except in the case of Term Bonds maturing on a Amortization Installment date) in such amount as shall be necessary to complete the retirement of the unsatisfied balance of such Amortization Installment. The Issuer shall pay out of the Principal Account and the Interest Account to the Paying Agent, on or before the day preceding such redemption date (or matur/ty date), the amount required for the redemption (or for the pa~Tnent of such Term Bonds then maturing), and such amount shall be applied by the Paying Agent to such redemption (or payment). All expenses in connection with the purchase or redemption of Term Bonds shall be paid by the Issuer from the Expense Account. (ix') Resep,,e Account. The Issuer shall deposit or credit to the Reserve Account an mount wh. ich would enable the Issuer to restore the funds on deposit in said Account to an amount equal to the Reserve Account Requirement, whether such shortfall was caused by decreased value or withcLrawal (from cash or a Reserve Account Insurance Policy or Reserv'e Account Letter of Credit). Except as otherwise provided herein, ali deficiencies in the Reserve Account shall be made up no latcr than 12 months from the date such deficiency occurred. On or prior to each principal payment date and Interest Date for the Bonds (in no event earl/er than the third day preceding such payment date), moneys in the Resen'e Account shall be applied by the Issuer to the payment of the principal of or Redemption Price, if applicable, and interest on the Bonds to the extent moneys in the Interest Account and the Principal Account shall be insufficient for such purpose. Whenever there shall be surplus moneys in the Reserve Account by reason of a decrease in the Reserve Account Requirement, increase in the value of the investment with smd Account or as a result a deposit of money to the issuer ora Reserve Account Insurance Policy or Reserve Account Letter of Credit, such surplus moneys shall be deposited by the Issuer to the Debt Service Fund. The Issuer shat] inform any Insurer and Credit Bank ofthe Bonds of any draw upon the Reserve Account for purposes of paying the principal of and interest on the Bonds. 29 In lieu of the required deposits into the Reserve Account, the Issuer may cause to be deposited into such Account a Reserve Account Insurance Policy and/or Reserve Account Letter of Credit for the benefit of the Bondholders in an amount equal to the difference between the Reserve Account RequJa'ement applicable thereto and the sums then on deposit in the Reserve Account, if any. The Issuer rrmy also substitute a Reserve Account Insurance PoLicy and/or Reserve Account Letter of Credit for cash on deposit in the Reserve Account upon compliance with the terms of th.is Section 4.05(B)(iv). Such Reserve Account Insurance Policy m~d/or Reserve Account Letter of Credit shall be payable to the Paying Agent (upon the g~ving o£notice as required thereunder) on any principal payment date or Interest Date on wMch a deficiency exJst~ wMch cannot be cured by moneys in any other f-and or account held pursuant to thJs Resolution and available for such purpose. The issuer providing such Reserve Account Insurance Policy and/or Reserve Account Letter of Credit shall either be (a) an insurer (1) whose municipal bond insurance policies insuring the payment, when due, of'the principal o£and interest on mun/cipal bond issues results in such issues being rated in one of the two l'fighest rating categories (without regard to gradations, such as "plus" or "minus" of such categories) by a Raring Agency, or (2) who holds the highest policyholder rating accorded insurers by A.M. Best & Company, or any comparable service, or (b) a commercial bank, insurance company or other financial institution, the obligat/ons payable or guaranteed by wkich have been assigned a rating by a Rat'Lng Agency in one of the two kighest rating categories (without regard to gradations, such as "plus" or "minus" of such categories). In the event the Reserve Account contains both a Reserve Account Insurance Policy or Reserve Account Letter of Credit, the cash shall be drawn down completely pr/or to any ctraw on the Rese~,e Account Insurance Policy or Reserve Account Letter of Credit. In the event more than one Reserve Account Insurance Policy or Reserve Account Letter of Credit are on deposit in the Reserve Account, amounts required to be drawn thereon shall be done on a pro-rata basis. The Issuer agrees to pay all amounts ov,~g in regard to any Reserve Account Insurance Policy or Reserve Account Letter of Credit fi.om the Pledged Funds. Pledged Funds shall be applied in accordance with this Section 4.05(B)(iv), fa'st, to reimburse the issuer of the Reserve Account Insurance Policy or Reserve Account Letter of Credit for amounts advanced under such inslruments, second, ~'eplenish any cash deficiencies in the Reserve Account, and third, to pay the issuer of the Reserve Account Insurance Policy or Reserve Account Letter of Credit Lnterest on amounts advanced under such insn'urnents. This Resolution sha]l not be discharged or defeased while any obligations are owing in regard to a Reserve Account Insurance Polic7 or Reserve Account Letter of Credit on deposit in the Reserve Account. The Issuer agrees not to optionally redeem or reft.md Bonds unless all amounts owing in regard to a Reserve Account Insurance Policy or Reserve Account Letter of Credit have been paid in full. If two days prior to an interest payment or redempt/on date or such other period of time as shall be established pursuant to Supplemental Resolution, the Issuer shall determine that a deficiency exists in the amount of moneys available to pay in accordance with the terms hereof interest and/or principal due on the Bonds on such date, the Issuer shall immediately notify (a) the issuer of any Reserve Account Insurance Policy and/or the issuer of the Reserve Account L~ttcr of Credit securing the Bonds and submit a demand for payment pursuant to the provisions of such Reserve Account Insurance Policy ~nd/or Reserve Account l~tter of Credit, (b) the Paying Agent for the Bonds, and (c) the Insurer, il'any, of the Bonds of the ~mount of such deficiency and the date on which such payment is due, and shall take all action to cause such Issuer or Insurer to provide moneys sufficient to pay all amounts due on such interest payment date. The Issuer may evidence its obligation to reimburse the issuer of an)' Reserve Account Letter of Credit or Reserve Account Insurance Policy by executing and delivering to such issuer a promissory note therefor; provided, however, an), such note (a) shall not be a general obligat/on oft,he Issuer the payment of which is secured by the full faith and credit or taxing power of the Issuer, and (b) shall be payable solely fi.om the Pledged Funds in the manner prov/ded herein. To the extent the Issuer causes to be deposited into the Reserve Account, a Reserve Account Insurance Policy and/or a Reserve Account Letter of Credit for a term of years shorter than the life of the Bonds, then the Reserve Account Insurance Policy' and/or the Reserve Account Lener of Credit shall provide, among other things, that the issuer thereof shall provide the Issuer with notice as of each ann/versary of the date ofthe issuance of the Reserve Account Insurance Policy' and/or the Reserve Account Letter of Credit of the intention of the issuer thereof to either (a) extend the term of the Reserve Account Insurance Pohcy and/or the Reserve Account Letter of Credit beyond the expiration dates thereof, or (b) term/hate the Reserve Account Insurance Policy and/or the Resen,e Account Letter of Credit on the init/al expiration dates thereof or such other future date as the issuer thereof shall have established. If the issuer of the Reserve Account Insurance Policy' and..'or the Reserve Account Letter of Credit notifies the Issuer pursuant to clause (b) of the immediately preceding sentence or if the Issuer terminates the Reserve Account Letter of Credit and/o'r Reserve Account Insurance Policy, then the Issuer shall deposit into the Reserve Account. on or prior to the end of the first full calendar month following the date on which such notice is received by the Issuer, such sums as shall be sufficient to pay an amount equal to a fi.act/on, the numerator of v,,h/ch is one (1) and the denominator of wkich is equal to the number ofmonths rema/ning in the term of the Reserve Account Insurance Policy and/or the Reserve Account Letter of credit of the Reserve Account Requ/rement on the date such not/ce was received (the maximum amount available, assuming full reimbursement by the Issuer, ,under th,:. Reserve Account Letter of Credit and/or the Reserve Account Insurance Policy to be reduced annually by an amount equal to the deposit to ,','.:, during the previous 12 month per/od) until amounts on deposit in such Account, ~,s a result of the aforementioned deposits, and no later than upon the expiration of such Reserve Account Insurance Policy and/or such Reserve Account Letter of Credit, shall be equal to .the Reserve Account Requirement. If'any Reserve Account Letter o£Cred/t or Reserve Account Insurance Po[icy shall terminate pr/or to thc stated expiration date thereof, the Issuer agrees that it shall fund the Reserve Account over a period not to exceed 60 months during which it shall make consecutive equal monthly payments in order that the amount on deposit in the Reserve Account shall equal the Reserve Account Requirement; provided, the Issuer may obtain a new Reserve Account Letter of Credit or a new Reserve Account/.nsur~nce Policy in lieu of making the payments required by th/s paragraph. The provisions of any agreement relating to a Reserve Account Insurance Policy or Reserve Account Letter of Credit, when duly author/zed, executed and delivered, shall be incorporated herein by reference. Thc provisions of' such agreements st/Il supersede the prov/sions hereof to the extent of any con/]ict herewith. Whenever the amount of cash or secur/fies in the Reserve Account, together with the other amounts in the Debt Serv/ce Fund, are sufficient to fully pay all Outstanding Bonds in accordance w/th theft' terms (including principal or applicable Redemption Price and interest thereon), the funds on deposit in the Reserve Account may be transferred to the other Accounts of the Debt Service Fund for the payment of the Bonds. (v) ]~.~F~.l~tI. The Issuer shall next deposit into the Rebate Account all amounts required to be deposited therein relating to the Bonds in order to make timely rebate payments to the Un/ted States Government pursuant to Sect/on 5. ! I hereof. (vi) ~. The Issuer, in its sole discretion, shall next deposit w/th itself amounts sufficient to reimburse itself for any moneys, other than Pledged Funds, utilized pursuant to Section $.09 hereof to pay principal of or interest on the Bonds or to ~md the Reserve Account pursuant to Sect/on 4.06 hereof. (vii) ~on Accourll:. The balance of any funds rema/ning in the Debt Seruice Fund after the deposits and payments required by Sections 4.05(B)(i) ttu'ough 4.05(B)(VI) hereofshall be deposited into the Redemption Account. Excess moneys, ifany, on deposit m the Consmact/on Fund shall be deposited to the Redemption Account in accordance w/th the prov/sions of Sect/on 4.03 hereof. If, on the 36th day prior to any Interest Date, moneys in the Interest Account shall be insufficient to pay the interest on the Bonds coming due on such Interest Date, moneys in an amount equal to such insufficiency shall be ~'ansferred to the Interest .Account from the Redemption Account. Moneys in the Rtdll. l~t/on.Ac..couai .... t'. ~ ' ' ~', '~ "' · ' ' t "~ · °"? shall be used for the payment ofp~cipal on the Bonds coming due as a result of redemption (other than by Amortization Installments). Amounts in the Redemption Account which are used to redeem Term Bonds shall be credited against the next succeeding Amortization Installment wl~ch shall become due on such Term Bonds. (C) The Issuer, in its discretion, may use moneys in the Principal Account and the Interest Account to purchase or redeem Bonds secured by such Accounts coming due on the next principal payment date, provided such purchase or redemption does not adversely affect the Issuer's ability to pay the principal or intere~ coming due on such principal payment date on the Bonds not so purchased or redeemed. (D) On or before the date established for payment of any principal of or Redemption Price, i/' applicable, or interest on the Bonds, the Issuer shall withclraw fi.om the appropriate account of the Debt Service Fund sufficient moneys to pay such principal or Redemption price, if applicable, and interest and deposit such moneys with the Paying Agent for the Bonds to be paid. SECTION 4.06. COVENANT TO BUDGET AND APPROPRIATE. The Issuer covenants and agrees to appropriate in its annual budget, by amendment if necessary, from Non-Ad Valorem Funds amounts sufficient to make up deficiencies m the Resen'e Account, to the extent there are any such deficiencies in any given year, provided, however, such covenant and agreement is limited to an aggregate amount equal to the Reserve Account Requirement for the Bonds. The Issuer shall not be obligated to make up an5' deficiencies in the Reserve Account pursuant to the foregoing covenant to the extent the Issuer previously has made up deficiencies in the Reserve Account in an aggregate amount equal to Reserve Account Requirement. Such covenant and agreement on the part of the Issuer to budget and appropriate such amounts of Non-Ad Valorem Funds shall be cumulative to the extent not paid, and shall continue until such Non-Ad Valorem Funds or other legally available funds in amounts sufficient to make all such required payments shall have bee~ budgeted, appropriated and actually paid. Notwithstanding the foregoing covenant of the Issuer, the Issuer does not covenant to maintain any services or programs, nov,. pro',qded and maintained by the Issuer, which generate Non-Ad Valorem Funds. Such covenant to budget and ~'ppropriate does not create any lien upon or pledge of such Non-Ad Valorem F~mds, nor does it require the Issuer to levy and collect any particular Non-Ad Valorem Funds, nor does it give the Bondholders a prior claim on the Non-Ad Valorem Funds as opposed to claims of general creditors cfthe Issuer. Such covenant to appropriate Non-Ad Valorem Funds is subject in all respects to the payment of obligations secured by a pledge of Non-Ad Valorem Funds heretofore or hereafter entered into (including the payment of&bt service on bonds and other debt instruments). However, the covenant to budget and appropriate for the purposes and in the manner stated herein shall 33 have the effect of making available for the replenishment of the Reserve Account, in the manner described herein, Non-Ad Valorem Funds and placing on the Issuer a positive duty to appropriate and budget, by amendment, if necessary, amounts sufficient to meet its obligations hereund~; subject, however, in all respects to the restrictions of Section 129.07, Florida Statutes, which provides that the governing body of each county may only make appropriations for each fiscal ye. ar which, in any one year, shall not exceed the amount to be received from taxation or other revenue sources; and subject, fu.,xher, to the payment of services and programs which are for essential public purposes affecting the health, welfare and safety of the inhabitants of the Issuer or which are legally m~ndated by applicable lag'. SECTION 4.07, REBATE ACCOUNT. Amounts on deposit in the Rebate Account shall be held in trust by the Issuer and used solely to make required rebates to the United States (except to the extent the same may be transferred to the Debt Set'v/ce Fund) and the Bond.holders shall have no right to have the same applied for debt service on the Bonds. The Issuer agrees to undertake all actions required of it in its arbitrage certificate relating to the Bonds, including, but not limited to: (A) m 'akmg a determination m accordance w~ith the Code of the amount required to be deposited in the Rebate Account; (B) depositing the amount determined in clause (A) above into the Rebate Account, (C) paying on the dates and in the manner required by the Code to the United States Treasur).' from the Rebate Account and an). other legally av~lable moneys of the Issuer such amounts as shall be required by the Code to be rebated to the United States Treasur2,.'; and (D) keeping such records ofthe determinations made pursuant to this Section ,407 as shall be required by the Code, as well as evidence of the fair market value of any investments purchased w'ith proceeds of the Bonds. The provisions of the above-described arbitrage certificate ma)' be amended w'ithout the consent of any Holder, Credit Bank or Insurer from time to time as shall be necessar).., in the opinion of Bond Counsel, to comply with the provisions of the Code. SECTION 4.08. LNVESTMENTS. Moneys on deposit in the Debt Sm'ice Fund shall be continuously secured in the manner by which the deposit of public funds are authorized to be secured by the laws of the State. Moneys on deposit in the Principal Account the Interest Account, the Expense Account and the Redemption Account shall be invested and reinvested by the Issuer in Authorized Investments, matukng not later than the dates on which such moneys will be needed for the purposes of such Account. Moneys on 34 deposit in the Reserve Account shall be invested in Authorized Investments, maturing no later than ten years from the date of investment. Al1 investments shall be valued at amortized COSt. Notwithstanding any other provision hereof, all amounts on deposit in the Interest Account representing accrued and capitalized interest on the Bonds shall be held by the Issuer, shall be pledged solely to the payment of interest on the Bonds and, unless otherwise provided by Supplemental Resolution, shall be invested only in direct obligations of the United States of America maturing in such times and in such amounts as are necessary to pay the interest to which they are pledged. Any and al1 income received bom the investment of moneys in the Accounts of the Debt Service Fund and the Reserve Account (to the extent such income and the other amounts in such Account does not exceed the Reserve Account Requirement), shall be retained in such respective Fund or Account. Any and all income received from the investment of moneys in the Reserve Account (only to the ex'tent such income and the other amounts in such Account exceeds the Reserve Account Requirement), shall be deposited upon receipt thereof in the Debt Service Fund. Nothing m th.is Resolution shall prevent any Authorized Investments acquired as inves~ents of or security for funds held under this Resolution from being issued or held m book-entr3.' form on the books of the Department of the Treasury of the United States. SECTION 4.09. SEPARATE ACCOUNTS. The moneys required to be accounted for in each of the foregoing funds and accounts established herein may be deposited in a bank account, and funds allocated to the various funds and accounts established herein may be invested in a common investment pool, provided that adequate accounting records are maintained to reflect and control the restricted allocation of the moneys on deposit therein and such investments for the various purposes of such funds and accounts as herein provided. The designation and establishment of the various funds and accounts in and by this Resolution shall not be construed to require the establishment of any completely independent, self-balancing funds as such term is commonly defined and used in governmental accounting, but rather is intended solely to constitute an earmarking of certain revenues for certain purposes and to establish certain priorities for application of such revenues as herein provided. 35 ARTICLE V COVENANTS SECTION 5.01. GENERAL. The Issuer hereby makes fl'~ followiag co~.~ants, in add/fion to all other covenants in this Resolution, with each and ~,~eD. Holder of an,,,' of the Bonds so long as any of said Bonds remain Outstaading. SECTION 5.02. OPERATION AND MAINTENANCF... The l. ss'ner maintain or cause to be maintained the Project and all portions thereof in good corgl/ticm ~d w/.ll operate or cause to be operated the same in an efficient and economical manner, making or causing to be made such expenditures for equipment and for renewals, repairs and replacements as may be proper for the econom/cal operation and maintenance thereof. SECTION 5.03. LEVY OF STORM~'ATER IMPROVEMENT ASSESSMENTS. The Issuer agrees to levy, in accordance with the Stormwater Assessment Ordinance, Stormwater Improvement Assessments/n the full amount provided by law. SECTION 5.04. BOOKS AND RECORDS. The Issuer shall keep books. records and accounts of the receipt and use of the Storrnwater improvement Assessments Proceeds and the funds and accounts established hereunder in accordance with generally accepted accounting principles, and the Holders of an,,' Bonds Outstanding or the dui>,,' authorized representatives thereof shall have the right at'all reasonable times to inspect all books, records and accounts of the Issuer relating thereto. SECTION 5.05. A.N.'NUAL AUDIT. The Issuer shall, immediately after the close of each Fiscal Year, cause its books, records and accounts to be properly audited by a recognized independent f'h-'m of certified public accountants, and shall require such accountants to complete their report of such annual audit in accordance with applicable law. Each annual audit shall be in conformity w/th generally accepted accounting principles for governmental entities. A copy of each annual audit shall regularly be rum/shed to any Credit Bank or Insurer and to any Holder of $I00,000 or more in aggregate principal amount of Bonds who shall have fiLm/shed his address to the Clerk and requested in writing that the same be fi. LmJshed to him. SECTION 5.06. NO IMPAIRMENT OF RIGHTS. The Issuer will not enter into any contract or contracts, nor take any action, the results of which rrfight materially adversely impair the rights of the Holders of the Bonds. 36 SECTION 5.0'7. ENFORCEMENT OF PAYMENT OF STORMWATER IMPROVEMENT ASSESSMENTS. The Issuer ,.,,'ill receive, collect and enforce the payment of Stormwater Improvement Assessments in the manner prescribed by this Resolution, the Stormwater Assessment Ordinance and all other resolutions, ord/nances or laws appertaining thereunto, and will pay and deposit the proceeds of Stormwater Improvement Assessments, as received, in accordance with the terms hereof. Absent a default or delinquency in the payment of any Stormwater Improvement Assessment, nothing herein shall require the prepayment of any installment due on a Storrnwater Improvement Assessment prior to its due chte, except as otherwise provided by the Stormwater Assessment Ordinance. Except to the extent the Issuer utilizes other moneys pursuant to Section 5.09 hereof to pay debt service on the Bonds, or any portion thereof, and the Issuer determines not to recover such other moneys, Stormwater Improvement Assessments will be levied to the full ex~ent permitted by law and the Stormwater Assessment Ordinance. All Delinquent Assessments shall be utilized and disposed of in the same manner as the Stormwater Improvement Assessments for which the)' are delinquent. SECTION 5.08. RE-ASSESSMENTS. If an)' Stormwater Improvement Assessment shall be either in whole or in part annulled, vacated or set aside by the judgment of any court, or if the Issuer shall be satisfied that any such Stormwater Improvement Assessment is so irregular or defective that the same cannot be enforced or collected, or if the Issuer shall have orrUrted to make such Stormwater Improvement Assessment ,,,,'hen it might have done so, the Issuer shall either (A) take all necessa, r)' steps to cause a new Stormwater Improvement Assessment to be made for the whole or any part of said improvement or against an)' property benefited by said improvement, or (B) in its sole discretion, make up the amount of such Stormwater Improvement Assessment from legally available moneys, wkich moneys shall be utilized in accordance w-ith the terms hereof. In case such second Stormwater Improvement Assessment shall be annulled, said Issuer shall obtain and make other Storrnwater Improvement Assessments until a valid Stormwater improvement .~sessment shall be made. SECTION 5.09. OTHER MONEYS. The Issuer ma)', in its sole discretion, u~li:,e other legally available mon%'s, in addition to the Pledged Funds, to pay the principal of and interest on the Bonds. SECTION 5.10. AMENI)MENTS TO STORM~'ATER ASSESSMENT ORDINANCE. T~e Issuer agrees not to amend or moctify the Stormwater Assessment Ordinance in any manner which will materially adversely affect the ability of the Issuer to pay the principal of and interest on the Bonds; provided, however, the Issuer may make material adverse amendments or modifications to the Stormwater Assessment Ordinance if it receives Bon~older consent as provided in Sections 8.02 and 8.03 hereof. SECTION 5.11. FEDERALINCOM~ TAXATION COVENANTS. The Issuer covenants with the Holders of the Bonds that it shall not use the proceeds of the Bonds in any manner which would cause the interest on the Bonds to be or become included in gross income for purpose of federal income taxation to the extent not thereto£ore included. The Issuer covenants with the Holders of the Bonds that neither the Issuer nor any Person under its control or direction will make any use of the proceeds of the Bonds (or amounts deemed to be proceeds under the Code) in any manner which would cause the Bonds to be "arbitrage bonds" within the meaning of Section 148 of the Code and :leither the Issuer nor any other Person shall do any act or fail to do any act which would cause the interest on the Bonds to become subject to inclusion within gross income for purposes of federal income taxation. The Issuer hereby covenants with the Holders ofthe Bonds that it will comply with all provisions of the Code necessary to maintain the exclusion from gross income of interest on the Bonds for purposes of federal income taxation, including in particular, the payment of any amount required to be rebated to the U,S. Treasury pursuant to the Code. SECTION 5.12. GOVErN'LNG BODY. The Board of County Commissioners ofthe Issuer is acting as the Governing Body of the Issuer and the Unit in the adoption and implementation of this Resolution. 38 ARTICLE VI ADDITIONAL OBLIGATIONS SECTION 6.01. ISSUANCE OF ADDITIONAL OBLIGATIONS. No additional obligations payable on a parity with the Bonds then Outstanding as to the Pledged Funds, shall be issued except upon the conditions and in the manner herein provided. The ~suer may issue additional parity obligatiom for any one or more of the following purposes: (i) financing the Cost of expanding the Project, or (ii) refunding any or all Outstanding Bonds. No such additional pant), obligations shall be issued unless the following conditions are complied with: (A) Except in the case of additional parity obligations issued for the purpose of refunding all Outstanding Bonds, the Issuer shall certify that it is current in all deposits into the various accounts provided in the Debt Service Fund and it is in compliance with the covenants and agreements of this Resolution. (B) The Issuer shall certify that it intends to lex7 Stormwater Improvement Assessments pursuant to the Stormwater Assessment Ordinance in an arnoum sufficient to pay the principal of and interest on any Outstanding Bonds and on such additional paris' obligations as requixed by Section 5.03 hereof. (C) Any Bonds Outstanding subsequent to the issuance of such additional parit3' obhgafions shall be rated at least as high as the ratings such Bonds had from any Rating Agencies rating such Bonds immediately prior to the delivery of the additional pariS' obligations. The Insurer shall give the Issuer written consent to the issuance of such (D) obligations. (E) A municipal bond insurance policy rated "AKA" by Standard & Poor's and "Aaa" by Moody's shall be issued by the Insurer insuring payment of the principal of and interest on such parity obligations, when due. (F) No event of default shall have occurred and be continuing. 39 (G) The Reserve Account shall be fally funded in an amount equal to the Reserve Account Requirement upon the issuance of such parity obligations. Lfthe aforementioned conditions ~re satisfied, the additional parity obligations shall ra.n.k equally with respect to their Lien on the Pledged Funds and their sources and securiW for payment therefi'om with the Bonds. Such additional parity obligations shall be considered Bonds issued hereunder and tll the provisions of the Resolution shall apply to such obligations other than Sections 2.01, 2.02 and 2.08. The terms and details of such additional parity obligations shall be provided by Supplemental Resolution. SECTION 6.02. BOND ANTICIIaATION NOTES. The Issuer may issue notes in anticipation of the issuance of Bonds which shall have such terms and details and be secured in such manner, not inconsistent with th~s Resolution, as shall be provided by Supplemental Resolution of the Issuer. 40 ARTICLE VII DEFAULTS AND REMEDIES SECTION 7.01. EVENTS OF DEFAULT. The following events shall each constitute an 'Event of Default": (A) Default shall be made in the payment of the principal of Debt Service Fund h,~lment, redemption premium or interest on any Bond, when due. In determining whether a payment default has occurred, no effect shall be given to payment made under a Bond Insurance Policy, if any. CB) There shall occur the dissolution or liquidation of the Issuer, or the filing by the Issuer ora voluntary petition in bankruptcy, or the commission by the Issuer of any act of banka-uptcy, or adjuclJcation of the Issuer as a bankrupt, or assignment by the Issuer for the benefit ofits creditors, or appointment ora receiver for the Issuer, or the entry by the Issuer into an agreement of composition with its creditors, or the approval by a court of competent jurisdiction of a petition applicable to the Issuer in any proceeding for its reorganization instituted under the provisions of the Federal Bankruptcy Act, as amended, or under an)' similar act in any jurisdiction which may now be in effect or hereafter enacted. (C) The Issuer shall default in the due and punctual performance of any other of the covenants, conditions, agreements and provisions contained in the Bonds or in this Resolution on the pan of the Issuer to be performed, and such default shall continue for a period of 30 days ~er va'it'ten notice of such default shall have been received from the Holders of not less than 25% of the aggregate principal amount of Bonds Outstanding or the Insurer of such amount of Bonds. Notwithstanding the foregoing, the Issuer shall not be deemed to be in default hereunder if such default can be cured within a reasonable period of time and if the Issuer in good fail institutes appropriate curative action and diligently pursues such action until default has been corrected. SECTION 7.02. REMEDIES. Any Holder of Bonds issued under the provisions of th.is Resolution or any trustee or receiver acting for such Bondholders may either at lag' or in equity, by suit, action, mandamus or other proceedings in any court of competent ju.dsd.iction, protect and enfor~ any and all rights under the Laws of the State of Florida, or granted and contained in this Resolution, and may enforce and compel the performance of all duties requLred by this Resolution or by any applicable statutes to be performed by the Issuer or by any officer thereof; provided, however, that no Holder, trustee or receiver shall have the fight to declare the Bonds immediately due and payable. ...... .,.. ~.-: ....... The Holder or Holders of Bonds in an aggregate principal arnount of not less than 25% ofthe Bonds then Outstanding may by a duly executed certificate in writing appoint a trustee for Holders of Bonds issued pursuant to thJs Resolution with authority to represent such Bondholders in any legal proceedings for the enforcement and protection of the rights of such Bondholders and such cert~cate shall be execmed by such Bondholders or their duly · trthorized attorneys or representatives, and shall be ~ed in the or, ce of the Clerk. Notice of such appointment, together with ev/dence of the requisite signatures of the Holders of not less than 25% in aggregate principal amount of Bonds Outstanding and the trust instrument under which the Irustee shall have agreed to serve shall be filed with the Issuer and the trustee and notice of such appointment shall be given to all Holders of Bonds in the same manner as notices of redemption are given hereunder. After the appointment of the first mastee hereunder, no further trustees may be appointed; however, the Holders of a major-it).. in aggregate principal amount of all the Bonds then Outstanding may remove the trustee inJfia, lly appointed and appoint a successor and subsequent successors at any time. SECTION T. 03. DIRECTIONS TO TRUSTEE AS TO REMEDIAL PROCEEDINGS. The Holders of a majority in principal mount of the Bonds then Outstanding (or any' insurer insuring any then Outstanding Bonds) have the right, by an instrument or concurrent instruments in v,Titing executed and delivered to the mustee, to direct the method and place of conducting all remedial proceedings to be taken by the trustee hereunder with respect to the Bonds ov,med by such Holders or insured by such Insurer, provided that such direction shall not be othe~'ise than in accordance with law or the provisions hereof, and that the trustee shall have the right to decline to follow any direction which in the opin/on of the trustee would be unjustly prejudicial to Holders of Bonds not parties to such direction. SECTION 7.04. REMEDIES CUMULATIVE. No remedy herein conferred upon or reset, ed to the Bondholders is intended to be exclusive of any other remedy or remedies, and each and every such remedy shall be cumulative, and shall be in addition to every other remedy given hereunder or nov,' or hereafter existing at lag' or in equity or by statute. SECTION 7.05. WAIVER OF DEFAULT. No delay or omission of any Bondholder to exercise any right or power accruing upon any default shall impair any such right or pov,'er or shall be construed to be a waiver of any such default, or an acquiescence therein; and every power and remedy given by Section 7.02 to the Bondholders may be exercised fi.om time to time, and as often as may be deemed expedient. SECTION 7.06. APPLICATION OF MONEYS AFTER DEFAULT. If an Event of Default shall happen and shall not have been remedied, the Issuer or a trustee or 42 t-: 7. ~ recefver appointed for the purpose shall deposit all Stormwater Improvement Assessments into the Debt Service Fund as requ~'ed by Section ,LOS(A) hereof, and subsequent to payment of any Collection Costs related thereto, shall be applied to the payment of the principal of and interest on the Bonds as follows and in the following order: A. To the payment of the reasonable and proper charges, expenses and liabilities of the trustee or receiver and Registrar hereunder relating to the Bonds; B. To the payment of the interest and principal or Redemption Price, fi.applicable, then due on the Bonds, as follows: (13 Unless the principal of all the Bonds sha~l have become due and payable, all such moneys shall be applied: FIRST: to the payment to the Persons entitled thereto of all installments of interest then due, in the order of the maturity of such installments, and, if the amount available shall not be sufficient to pay in full any particular installment, then to the payment ratably, according to the amounts due on such installment, to the Persons entitled thereto, without any discrimination or preference; SECOND: to the payrnent to the Persons entitled thereto of the unpa/d principal of any of the Bonds which shall have become due at maturity or upon mandatory redemption prior to maturity (other than Bonds called for redemption for the payment of which moneys are held pursuant to the provisions of Section 9.01 of this Resolution), in the order of their due dates, with interest upon the Bonds from the respective dates upon wh/ch they became due, and, if the amount available shall not be sufficient to pay in full the Bonds due on any particular date, together with such interest, then to the payment first of such interest, ratably according to the amount of such interest due on such d~te, and then to the payment of such principal, ratably according to the amount of such principal due on such date, to the Persons ent~fled thereto without any discrimination or preference; and THIRD: to the payment of the Redemption Price ofany the Bonds c".dled for optional redemption pursuant to the provisions of this Resolution, (2) If the principal of all Bonds shall have become due and payable, all such moneys shall be applied to the payment of the principal and interest then due and unpaid upon the Bonds, with interest thereon as aforesaid, without preference or priority of principal over interest or of interest over principal, or of any installment of interest over _a.n.~ _o_t,~er .5'! installment of' interest, or of any Bond over any other Bond, ratably, according to the amounts due respectively for principal and interest~ to the Persons entitled thereto without any discrimination or preference. SECTION 7.07. CONTROL BY INSURER. Upon the occurrence and continuance of an Evem of Default, the Insurer, if such Insurer shall have honored all of its ¢ommiu'nents under its Bond Insurance Policy, shall be entitled to direct and control the errforcement of all fights and remedies with r~spect to the Bonds it shall insure, including any waiver of an Evrmt of Default. The Issuer shall provide the Insurer immediate notice of any Event of Default described in Section 7.01(A) hereof and notice of any other Event of Default occurring hereunder ~thin 30 days of the occurrence thereof. ARTICLE VIII SUPPLEMENTAL RESOLUTIONS SECTION 8.01. SUPPLEMENTAL RESOLUTION WITHOUT BONDHOLDERS' CONSENT. The Issuer, from time to time and at any time, may adopt such Supplemental Resolutions without the consent of the Bondholders (which Supplemental Resolution shall thereafter form a part hereof) for any of the following purposes: (A) To cure any ambiguity or formal defect or omission or to correct any inconsistent provisions in th. is Resolution or to clarify any matters or questions arising hereunder. (B) to grant to or confer upon the Bondholders any additional rights, remedies, powers, authority or security that may lawfully be granted to or conferred upon the Bondholders. (C) To add to the conditions, limita6ons and restrictions on the issuance of Bonds under the provisions of this Resolution other conditions, limitations and restrictions thereafter to be observed. (D) To add to the covenants and agreements of the Issuer in this Resolution other covenants and agreements thereafter to be observed by the Issuer or to surrender any fight or power herein reserved to or eonferred upon the Issuer. (E) To specify and determine the matters and things referred to in Sections 2.01 or 6.01 hereof, and also any other matters and things relative to the Bonds wkich are not eontrary to or inconsistent with this Resolution as theretofore tn effect, or to amend, modify' or rescind any such authorization, specification or determination at any time prior to the first delivery of the Bonds. (F) To change or modify the description of the Project. (G) To revise the procedures provided in Section 4.05(B)(iv) hereof pursuant to which moneys are drawn on a Reserve Account Insurance Policy or Reserve Account Letter of Credit and moneys are reimbursed to the provider of such Policy or Letter of Credit. 45 (H) To make amy other change that, in the opinion of the Issuer, would not materially adversely affect the security for the Bonds. In making such determination, the Issuer shall not take into consideration any Bond Insurance Policy. SECTION 8.02. SUPPLEMENTAL RESOLUTION WITH BONDI:tOLDERS' AND INSURER'S CONSENT. Subject to the terms and provisions contained in th. is Section $.02 and Sections g.01 and 8.03 hereof, the Holder or Holders of not less than a majority in aggregate principal amount of the Bonds then Outstanding shall have the right, from time to time, anything contained in this Resolution to the contrary notwithstanding, to consent to and approve the adoption of such Supplemen~ Resolution or Resolutions hereto as shall be deemed necessary or desirable by the Issuer for the purpose of supplemen~g, modifying, altering, amending, adding to or rescinding, in any particular, any ofthe terms or provisions contained in this Resolution', provided, however, that if such modification or amendment will, by its terms, not take effect so long as any Bonds or maturity remain Outstanding or v, ill have no material adverse affect on such Bonds, the consent of the Holders of such Bonds shall not be required and such Bonds shall not be deemed to be Outstanding for the purpose of any calculation of outstanding Bonds under this Section 8.02. Any Supplemental Resolution which is adopted in accordance with the provisions of this Section g.02 shall also require the grit'ten consent of the Insurer of any Bonds v,'hich are Outstanding at the time such Supplemental Resolution shall take effect. No Supplemental Resolution may be approved or adopted which shall permit or require (A) an extension of the maturity of the principal of or the payment of the interest on any Bond issued hereunder, (B) reduction in the principal amount of any Bond or the Redemption Price or the rate of interest thereon, (C) the creation of a lien upon or a pledge of the Pledged Funds other than the lien and pledge created by this Resolution or except as otherwise permitted or provided hereby, (D) except as provided herein, a preference or priority of any Bond or Bonds over any other Bond or Bonds, or CE) a reduction in the aggregate principal amount of the Bonds required for consent to such Supplemental Resolution. Nothing herein contained, however, shall be construed as m 'aki. ng necessao' the approval by Bondholders or an)' Insurer of the adoption of any Supplemental Resolution as authorized in Section 8.01 hereof. If at any time the Issuer shall determine that it is necessary or desirable to adopt any Supplemental Resolution pursuant to this Section 8.02, the Clerk shall cause the Registrar to give notice of the proposed adoption of such Supplemental Resolution and the form of consent to such adoption to be mailed, postage prepaid, to all Outstanding Bond.holders at their addresses as they appear on the registration books. Such notice shall briefly set forth the nature of the proposed Supplemental Resolution and shill state that copies thereof are on file at the offices of the Clerk and the Registrar for inspection by all Outstanding Bondholders. The Issuer shall not, however, be subject to any liability to an)' Bondholder by reason of its failure to cause the notice required by this Section 8.02 to be mailed and an)' NO._ ~ ""~ 'Ce 7 1~57 such failure shall not affect the validity of such Supplemental Resolution when consented to and approved as provided m this Section 8.02. Whenever the Issuer shall deliver to the Clerk an instrument or instruments in writing purporting to be executed by the Holders of not less than a majority in aggregate principal amount of the Bonds then Outstanding, which instrument or insmaments shall refer to the proposed Supplemental Resolution described in such notice and shall specifically consent to and approve the adoption thereof in substant'ally the form of the copy thereof referred to in such notice, thereupon, but not otherwise, the Issuer may adopt such Supplemental Resolution in substantially such form, without liability or responsibility to any Holder of any Bond, whether o~ not such Holder shall have consented thereto. If the Holders of not less than a majority in aggregate principal amount of the Bonds Outstanding at the time of the adoption of such Supplemental Resolution shall have consented to and approved the adoption thereof as herein provided, no Holder of any Bond shall have any right to object to the adoption of such Supplemental Resolution, or to object to any of the terms and provisions contained therein or the operation thereof, or in an}' manner to question the propriety of the adoption thereof, or to enjoin or res~ain the Issuer from adopting the same or from taking any action pursuant to the provisions thereof. Upon the adoption of any Supplemental Resolution pursuant to the provisions of this Section 8.02, this Resolution shall be deemed to be modified and amended in accordance therewith, and the respective rights, duties and obligations under this Resolution of the Issuer and all Holders of Bonds then Outstanding shall thereafter be determined, exercised and enforced in all respects under the provisions of this Resolution as so modified and amended. SECTION 8.03. AMENDMENT WITH CONSENT OF INSURER. For purposes of amending the Resolution pursuant to Section 8.02 hereof, the Insurer of Bonds shall be considered the Holder of the Bonds which it has insured, provided such Bonds, at the time of the adoption of the amendment, shall be rated by the Rating Agencies which shall have rated such Bonds at the time such Bonds were insured no lower than the ratings assigned thereto by such Rating Agencies on such date of being insured. The consent of the Holders of such Bonds shall not be requLred if the Insurer of such Bonds shall consent to the amendment as provided by this Section 8.03. The foregoing right of amendment, however, does not apply £o any amendment to Section 5.11 hereof with respect to the exclusion, if applicable, of interest on said Bonds from gross income for purposes of federal income taxaton. Prior to adoption of any amendment made pursuant to this Section 8.03, notice of such amendment shall be delivered to the Rating Agencies rating the Bonds. Upon filing with the Clerk of evidence of such consent of the Insurer as aforesaid, the Issuer may adopt such Supplemental Resolution. After the adoption by the Issuer of such Supplemental 47 Resolution, notice thereof sh~ll be m~iled in ~e same manner as notice of a~ amendment trader Section 8.02 hereof. ARTICLE IX MISCELLANEOUS SECTION 9.01. DEFEASANCE. If the Issuer shall pay or cause to be paid or ther~ shall otherwise be paid to the Holders of all Bonds the principal or Redemption Price, if applicable, and interest due or to become due thereon, at the times snd in the manner stipulated therein and in th.is Resolution and fi.the Issuer shall pay all mounts owing to any provider of a Reserve Account Letter of Credit or Reserve Account Insm'ance Policy, then the pledge of and hen on the Pledged Funds, ~nd all covenants, agreements and other obligations of the Issuer to the Bondholders, shall thereupon cease, terminate and become void and be discharged and satisfied. In such event, the Paying Agents shall pay over or deliver to the Issuer all money or securities held by them pursuant to the Resolution which are not required for the payment or redemption of Bonds not theretofore surrendered for such payment or redemption. An>' Bonds or interest installments appertaining thereto, whether at or pr/or to the maturits' or redemption date of such Bonds, shall be deemed to have been paid witl'fin the meaning of th/s Section 9.01 if(A) in case any such Bonds are to be redeemed phor to the maturits' thereof, there shall have been taken all action necessary to call such Bonds for redemption and notice of such redemption shall have been duly given or provision shall have been made for the gixSng of such notice, and (B) there shall have been deposited in irrevocable trust v,'ith a banking institution or trust company by or on behalf of the Issuer either moneys in an mount which shall be sufficient, or Defeasance Obligations the principal of and the interest on which when due will provide moneys which., together with the moneys, if any, deposited with such bank or trust company at the same time shall be sufficient (as verified by an independent certified public accountant), to pay the p.rincipal of or Redemption Price, if applicable, and interest due and to become due on said Bonds on and prior to the redemption date or maturity date thereof, as the case may be. Except as hereafter provided, neither the Defeasance Obligations nor any moneys so deposited with such bank or trust company nor any moneys received by such bank or trust company on account of principal of or Redemption Pr/ce, fi. applicable, or interest on said Defeasance Obligations shall be withdrawn or used for any purpose other than, and all such moneys shall be held in m2st for and be applied to, the payment, when due, of the principal of or Redemption Price, ff apphcable, of the Bonds for the payment or redemption of which they were deposited and the interest accru/.ng thereon to the date of maturity or redemption; provided, however, the Issuer may substitute new Defeasance Obligations and moneys for the deposited Defeasance Obligafiom and mcmeys ffthe new Defeasance Obligations and moneys are s,~cient to pa)' the principal of or Redemption Price, if applicable, and interest on the refunded Bonds. 49 In the event the Bonds for which moneys are to be deposited for the payment thereof in accordance with this Section 9.01 are not by their terms subject to redemption ',,,'itl'fin the next succeeding 60 days, the Issuer shall cause the Registrar to mail a notice to the Holders of such Bonds that the deposit required by fl~is Section 9.01 of moneys or Defeasance Obligations has been made and said Bonds are deemed to be paid in accordance v,'ith the provisions of this Section 9.01 and stating such maturity or redemption date upon which moneys are to be available for the payment of the principal of or Redemption Price, if applicable, and interest on sa.id Bonds. Nothing herein shall be deemed to require the Issuer to call any of the Outstanding Bonds for redemption prior to maturity pursuant to any applicable optional redemption provisions, or to impair the discretion of the Issuer in determining whether to exercise an)' such option for earl}, redemption. In the event that the principal of or Redemption Price, if applicable, and interest due on the Bonds shall be paid by the Insurer, such Bonds shall remain Outstanding, shall not be defeased and shall not be considered paid by the Issuer, and the pledge of the Pledged Funds and all covenants, agreements and other obligations of the Issuer to the Bondholders shall continue to exist and shall nm to the benefit ofthe Insurer, and such Insurer or Insurers shall be subrogated to th,:. rights of such Bondholders. SECTION 9.02. SALE OF BONDS. The Bonds shall be issued and sold at public or private sale at one time or in installments from time to time and at such pr/ce or prices as shall be consistent with the provisions of the Act, the requirements of this Resolution and other applicable provisions of law. SECTION 9.03. SEVERABILITY OF INVALID PROV'ISIONS. If any one or more oft,he covenants, agreements or provisions of this Resolution shall be held contrary to an)' express provision of law or contrary to the pohcy of express law, though not expressly prokibited, or against public policy, or shall for any reason whatsoever be held invalid, then such covenants, agreements or provisions shall be null and void and shall be deemed separable fi'om the remaining covenants, agreements and provisions of this Resolution and shall in no way affect the validity of any of the other covenants, agreements or provisions hereof or of the Bonds issued hereunder. SECTION 9.04. VALIDATION AUTHORIZED. To the extent deemed necessary by Bond Counsel or desirable by the County Attorney, Bond Counsel for the Issuer is authorized to institute appropriate proceedings for validation of the Bonds pursuant to Chapter 75, Florida Statutes. 50 SECTION 9.05. REPEAL OF INCONSISTENT RESOLUTIONS. All resolutions or parts thereof in conflict herewith are hereby superseded and repealed to the extent of such conflict. SECTION 9.06. EFFECTIVE DATE. Exert as for the covenants and agreements provided in Articles IV and V hereof, tkis Resolution shall take effect immediately upon the adoption hereof. The provisions of Articles IV and V h~eof shall become effective simultaneously with the issuance ofthe Bonds, DULY ADOPTED ti'ds day of January, 1997. (SEAL) BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA Chairman ATTEST: Clerk Approved as to Form and Legal Sufficiency: Cowry Attorney 51 Q.BJECTIV~.: To appoint I member to fulfill the remainder ora vacancy, expiring on September 30, 2000, on EPTAB. CONSIDI~RATIONS: This I 1 member committee advises and assists the county in the development and implementation of the County Environmental Resources Management Program. Members shall demonstrate evidence of expertise in one or more of the following areas related to environmental protection and natural resources management: Air Quality, Biology (including any of the sub-disciplines such as botany, ecology, zoology, etc.), Coastal Processes, EsmaHne processes, Hazardous Waste, Hydrogeology, Hydrology, Hydraulics, Land Use Law, Land Use Planning, Pollution Control, Solid Waste, Stormwater Management, Water Resources, Wildlife Management, or other representative areas deemed appropriate by the Board such as, but not limited to, a representative of the development community. Terms are 4 years. A list of the current membership is included in the bacleap. Mr. Donald G. Ashe was appointed on November 5, 1996, and resigned on November 21, 1996. A press release was issued and resumes were received from the following interested citizen: APPLICANT DISTRICT ELECTOR MonD' Robinson 4 yes A memorandum was received fi.om staff advising that on December 9, 1996, EPTAB recommended the appointment of Monty Robinson. FISCAL IMPACT: NONE GROWTH MANAGEMENT IMPACT: NONE I~COMMENDATION: That the Board of County Commissioners consider the reconu'nendation for appointment and appoint Monty Robinson to fulfill the remainder of the vacant term expiring on September 30, 2000, on EPTAB; and direct the County attorney to prepare a resolution confirming the appointments. Prepared By: Sue Filson Date: January 7. 1997 Environmental Name Bradley Comell 556 109th Avenue Nor~ Naples, FL 34108 District: 2 Category: Solid .Waste Kccth Kipp re'5 I~ 1435 12th Strict North Naples, FL 34102 District: 4 Category: SoLid Waste Michael J. D¢late 3700 27th Avc_.ue, S.W. Naples, FL 34117 District: 5 Category: Hydrology/Hydraulics & Stormwater Michael A. McGee 263-0486 1155 Morningsidc Drive 261-6502 Naples, FL 34103 District: 4 Category: Botany . ' I !' ~ ~ ' ¢! ~''~ Doaald G. Ashe - -__..~/~ 10951 Eulfshore Drive, iGxrtfs'f 591-2547 Naples, FL 34108 District: 2 Category: Businessman Frank Partridge P,O, Box 43 Everglades City, FL 34139 Distn'ct: 5 Category: Hydrology/Water Michael Simonik 1821 Richards Street Naples, FL 34120 District: l Category: Biology Policy Technical Advisory Board F/ork Phone AplJt'd F. vp. Date Term Homt Phone DateRe-~ppt 2ndExlJDate 2nd Term 01/10/95 09/30/98 4 Years 592-7805 42,4.,C~26 09/05/95 09/30/97 2 Yearn 262-4617 09/05/95 09/30/98 3 Years 455-5319 02/07/95 09/30/97 2 Years 11/05196 09~30~00 4 Years 10/10/95 09/30/99 4 Years 11/05/96 09/30100 4 Ycam P~ge I ~ 2 ,. ,. Environmental Policy Technical Advisory Board Name Work Phone Appt'd ~p. Date Term Home.Phone DattRt.al;pt 2~Date 2nd Term Allen Morgan K:a~z 521.7722 175 Scabr~z~ Avenue Naples, FL 34108 District: 2 Category: Pharmax:y/Scicnce Michael V. Taranto i4J'C'~..,~ 9961 Boca Avenue North ~-~; 597-2527 Naples, FL 34109 District: 3 Category: Researcl:~)e.velotpment · 193 Ridge Drive I' 597-7974 Naples, FL 34108 District: Category: Land Use Debora.b J. H/II 434-0333 :2080 River Reach Drive, #61 Naples, FT. 34104 District: 4 C,,tegory: F. nvi~onmcntal Interests Cba.mb~/EDC I 0/I0/95 09/30/99 4 Years 09106/94 09/30/98 4 Y~a's 11/05/96 09/30/00 4 Y~rs 05/28'96 09/30/97 I Year This 11 member committee was created on 03/12/91 by Ord. No. 91-26 (amended on 06/18/91 by Ord. No. 91-48) to advise and assist in the development of environmental conservation ancl protection programs, ordinances and policies. Terms are 4 years. Staff': William O. Lorenz, Jr., Environmental Services Dir: 732-2,500 Wed. a~a~ry, ,¥ovtnm~ 06. 1996 TO: FROM: DATE: RE: RECEIVED DEC ! ? 1 96 Sue Filson, Administrative Assistant to BCC '~' Board of County C~m~ssioners William D. T.oren3 Jr., P.?-., Director Natural Resources Department 16-Dec-1996 EPTAB Vacancy On December 9, 1996, EPTAB met and unanimously recommended Monty Johnson for filling one of the EPTAB vacancies. Attached is a matrix summarizing Mr. Johnson's qualifications. Mr. Johnson's primary area of expertise for EPTAB is Stormwater. Please have Mr. Johnson fill the vacancy having the longest ten'ure. WDL/gmm/10184 Attachment cc: EPTAB File EI'P ERI E~C E PAST EXPERIENCE AIR QUALITY BOTAh~Y COASTAL PROCESS ECOLOGY ESTU;tRINE PROCESS ~fAZARDOUS WASTE HYDROGEOLOGY HYDROLOGY HYDRAULICS POLLUTION CONTROL SOLID WASTE STOP~MWATER WATER RESOURCES WILDLIFE M3tNAGEMENT ZOOLOGY LAND-USE LAW LAND-USE PI2%NNING JOHNSON X X X ~EMOP~ANDUM DATE: November 25, 1996 ' .': .... '. ] '~. ': " TO: Vi.nell Hills, Electio~ Office . " FROM: Sue Filson, Administrative Assistant)(/]. Board of County Commissioners RE: Voter Registration - Advisory Board Appointments The Board of County Commissioners will soon con.sider the following individuals for appointment to one of the county's advisory committees. Please let me know if those lis'ted below are registered voters in Collier County. Also, please list the commission district in which each applicant resides. '. t~PTA,B Monty Robinson 130 Cricket Lake Drive Naples, FL 34112 COMMISSION DISTRICT Thank you for your help· MEMORANDUM DATE: TO: FROM: November 25, 1996 Bill Lorenz, Director /Q Natural Resources ,~ Sue Filson, Administrative Assistant/q. ' Board of County Commissioners ~~-~ EPTAB As you know, we currently have vacancies on the above-referenced advisory committee. 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: Monty Robinson 130 Cricket Lake Drive Naples, FL 34112 Please let me know, in writing, the recommendation ofthe advisory committee for appointment 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 your attention to this matter. SF Attachments Monty Robinson 130 Cricket Lake Drive Naples, Florida 34112 (941) 793-1427 November 18, 1996 Board of County Commissions 3301 East Tamiami Trail Naples, Florida 34112 Attn.: Sue Filson Dear Ms. Filson, Pursuant to our conversation on November 14, 1996, I am sending a resume in regards to applying for a position on the Environmental Policy Technical Advisory Board. I lived here in the Naples area for about 3 years prior to attending the University of Florida in 1991. I came back to this area to look for a Job because I have decided that this is where I would like to live and pursue my career. I would very much like to take an active part in activities involving this community. Sincerely, Monty Robinson MONTY D. ROBINSON OBJ'ECTIVE QUALIFICATIONS EDUCATION May, 1995 May. 1991 HONORS Ac-ri'VI'TIES EXPERIENCE 10/96 - Present 2/96- 8/96 8/91 - 2/96 10/87 - 8/91 SKILLS REFERENCES 130 CRICKET LAKE DR. NAPLES, FL 34112 PHONE: (941) 793-1427 Obtain a position in Environment Engineering congruent to working toward a PE license. · Excellent Autocad Abilities · Site Development Plans · Paving, Drainage, & Stormwater · Solid & Hazardom Waste · Risk Assessment · Insubstantial Modifications · Record Drawing Revisions · Sanitary Seam' Plan & Profiles · Wastewater Treatment Design · Fcasability Studies UNIVERSITY OF FLORIDA Gatneswille, FL BS, Environmental Engineering EDISON COMMUNITY COLLEGE Naples, FL AA, Pre-Engineering · Member of Who's Who in American Junior Colleges · Received Hummer Scholarship for Honor Students · Vice President of PHI THZTA KAPPA Honor Society · Amive member Society of Environmemal Engineers · Advanced SCUBA Certification & Sc/entitle Diving Ex'ix:hence American Engineering Consultants, Inc., Naples, FL Engineers, Planners. Surveyors · Supervise draRers in site development. · Organize coordination with Clients, Contra~ors, and County, Officials. · Perform ~luties as Project Engineer for Planned Unit Developments. Wilson, Miller, Barton and Peek, Inc., Naples, FL Engineers, Planners. Surveyors, Land. scape Architects & Environmental Consultants · Produced all aspects of Site Devclol:nnent Plans. * Ex'lensively used Autocad with Flexicon interfiacc. · Coordinated with CourtW & FDEP during submittal & conveyance processes. · Produced Mylars, Bluel:yci. nt& & Ixtrned Aerials. · Used Electronic Digitizer and Cadliner. · Used the Hydrology program Stoflow to calculate Stormwater Flow. Holiday Inn University Center, Gainesv~lle, FL · Meritoriously promoted to supervisor at, er six months. Holiday Inn, Naples. FL · Served in all positions of Hotel Management. Experience in FORTRAN. QPRO. LOTUS. AUTOCAD. TR.55. STOFLOW..MICROSOFT WORKS. & WORD PERFECT. Availabie upon request. November 21, 1996 DONALD G. ASHE 10951 Gulfshore Drive 905 Gulfside I Naples, Florida 3410g-1711 USA Tel: (941).¢91-2547 · Fax: (941) 591-3725 :rq c' John C. Norris, Chairman Commissioner, Dismct 1 Board of Collier Coun~ Commissioners 3301 East Tamiami Trail Naples, FL 34112 Subject: Environmental Policy Technical Advisory Board Dear Commissioner Noms: I anended the November 1 g~' board meeting and I was imerested in the discussions on various issues the board w~s addressing. However, I do not believe I can contribute in any meaningful way and therefore I will decline your appointment. Thank you, DGA:bam cc: '-William D. Lorenz, ,Tr., P.E. Natural Resources Director Donald O. Ashe RECEIVED gML,1RAL OB JEll'E: To appoint 3 members to 2 year terms, expiring on December 31, 1998, on the Isle of Capri Fire Control District Advisory Committee. CONSIDE .RATIONS: The Isles of Capri Fire Control Diswict Advisory Committee has 3 terms expiring on December 31, 1996. This 5 member committee advises the Board on the budget and operation of the Isles of Capri Fire Control District. Terms are 2 years and members must reside within the boundaries of the Isle of Capri Municipal Fire Services Taxing District. A list of the current membership is included in the backup. The terms for James T. Esch, Edward Huegel, and Vincent A. Criscouli expired on December 31, 1996. A press release was issued and resumes were received from the following 3 interested citizens: APPLICANT DISTRICT FLECTOR Philip A. Popovici Jerry Marinaro Edward J. Huegel (re-appt) ] yes I yes I yes A memorandum was received from staff advising that the Isles of Capri Fire Control District Advisory Committee is recommending the re-appointment of Edward J. Huegel and the appointment of Philip A. Popovici and Jerry Mari.naro. FISCAL IMPACT: NONE GROWTH MANAGEMENT IMPACT: NONE ~COMMENDATION': That the Board of County Commissioners consider the recommendation for appointment; reappoint Edward; appoint Philip a. Popovici and Jerry Marinaro to 2 year terms expiring on December 31, 1998; and, direct the County attorney to prepare a resolution confirming the appointments. Prepared By: Sue Filson Date: January 7, 1997 I AG E N 0~..~ T.~ No. JAN 07 1997 Isles of Capri Fire Control District Advisory Committee FYork Phone Appt'd Exp. Date Term Name Homt Phone DateRe.appt 2ndExl~Date 2nd I'erm Roddey M. Brown 09/27/94 12/31/95 1 Year 81 Dolphin Circle 394-8462 I/2/96 12/31/97 2 Years Naples, FL 34113 District: 1 Category: Samos T. Esch 09/27/94 I2/31/96 2 Y~rs 140 E. I--[ilo Drive 642-4957 Naples, FL 34113 District: 1 Category: Lloyd Woolsey 12/17/91 12/31/93 2 Years 139 San Salvador Street 3~-9901 I/2/96 12/31/97 2 Years Naples, FL 34I 13 Disirlct: I Category: Edward Huegel 09/27/94 12/31/96 2 Year~ 278 Capri Boulevard 394-4228 Naples, FL 34113 District: Category: Vincent A. Criscouli 12/15/92 12/31/94 2 Years 401 Cri~tobal Street 6a2-aS53 9/27/94 12/31/96 2 Year~ Naples, FL 34 ! 13 District: I Category: This 5 member committee was created by Ord. No. 75-09 to advise the Board of County Commissioners on the budget and operation of the Isles of Capd Fire Control Dis'o'ict. Members must reside within the boundaries of the Isle of Capd Municipal Fire Services Taxing District. Terms are 2 years. .....-- Staff: Diane Flagg, Emergency Services Director. 774-8459 e Friday. June 28. 1996 No. JAN 0 7 1997 TO: FROM: DATE: RE: DEPARTMENT OF EMERGENCY SERVICES RECEIVED MEMORANDUM DEC ~oard of Count~ Co~ssfoners Sue Filson, Administrative Assistant Board of County Commissioners Diane B. Flagg, Director ~",~ Department of Emergency Servicl~ December 16, 1996 Advisory Council Vacancies Thank you for your correspondence regarding the vacancies on the Isles of Capri and Ochopee Fire Departments advisory committees. '. The respective committees have met and wish to recommend to the Board of County Commissioners the appointment of the candidates who have expressed an interest in serving. The recommendations for the Isle of Capri advisory committee were: Philip A. Popovici, Jerry Harinaro and Edward J. Huegel. p iF... ',~; The recommendation for the Ochopee advisory committee were: Kent L. Omer, Sr., and Lem Pennell. If I may provide any further assistance, please do not hesitate to contact our office. Thank you for your continued expertise and cooperation. cc: Rod Rodriguez.-Chief Skip Woolsey, Advisor Board Chairman Isles of Capri Fire Department Vince Doerr, Chief Charles Reynold's Advisory Board Chairman Ochopee Fire Department AGENDA_ ITEN ' JAN 0 7 1997 MEMORANDUM DATE: TO: FROM: October 28, 1996 Vi.nell Hills, Elections Office Sue Filson, Administrative Assista~ Board of County Commissioners RE: 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 arc registered voters in Collier County. Also, please list the commission district in which each applicant resides. ISLES QF CAPRI FIRE DIST .~DV COMM COMMI$$IQN DISTRKTT Philip A. Popovici 407 Grenada Avenue Naples, FL 34113 Jerry naro 231 Capri Boulevard Naples, FL 34113 Edward J. Huegel 278 Capri Boulevard Naples, FL 34113 Thank you for your help. JAN 0 7 1997 MEMORANDUM DATE: TO: FROM: October 23, 1996 Diane Flagg, Emergency Services Dh'ec~ Sue Filson, Administrative Assistar~, ~ Board of County Commissioners Isles of Capri Fire District Advisory Committee As you know, we currently have 3 vacancies on the above-referenced advisory committee. A press release wa~ 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: Philip A. Popovici 407 Grenada Avenue Naples, FL 34113 Jerry ~-inaro 231 Capri Boulevard Naples, FL 34113 Edward J. Huegel 278 Capri Boulevard Naples, FL 34113 Please let me 'know, in writing, the recommendation of the advisory committee for appointment and I will prepare an executive summary, for the Board's consideration. Please. eafegorize applicants in areas of expertise. If you have any questions, please call me at 774-8097. Thank you for your anention to this matter. SF Artachrnents AGENDA ITEM JAN 0 7 PO. _~'~'"' Philip A. Popovici 407 Gr~nada Avenue Isles of Capri Naples, FL 34113 Ms. Sue Filson, Adm~nis~rative Assistant Board of Collier County Commissionerm 3301 East Tamiami Trail Naples, FL 3¢112-3602 Ms. Filson: of Capri Fire Control District A~vl~ory Committee. As 8tared in the attached resume, I am local bank manager who has always taken an active role to serve within our I have enjoyed the opportunity to sit in and observe the Fire Advisory meetings for the last =we mon=h~. At the direct/on of the existing ASvlsory Board Members I am submitting my resume for consideration for If given the opportunity, I can assure you I will prov~d~ our Fire District with dedicated and thorough Sincerely, Encl. JAN 07 1997 Ph£1~p A. Popov~.c£ 407 Grenada Avenue Isles of Capri Naples, FL 33962 (94]) 642-2975 CAREER OBJECTIVE: Marketlng/Financial Analysis with leading Financial Services or Investment 0rganizatl. cl~ EDUCATION: Bachelor of Sc'lance, Business AdminlB=ra%lon 1990 University of Rhod. Island, Kingston, RI HONORS: Graduated Magna Cum Lauds (top 4%) Beta Gamma Sigma National Business Honor Soci&ty EXPERIENCE: Assistant Vice President, Assistant Brangh Manager Chase Feds?al Bank~ Ma~co Island (Jan 96 - (formerly Pounders National Trust Bank) - Business Development, Branch & Operation~ Mnn&gament - Mortgage Lending, Sales of Products/Serv~cem Commercial Bankinq Manager (Feb 94 - Jan 96) Founders National Trust Bar,k, Marco Island - Assistant Branch Managemeat, Business Dovelopmen= - Mortgage, Installment and Co~mercial - Member: Loan and Asset Liability Customer Service/Busines~ ~evelo~ent (Jan 92 - D%c 93) Citizens National ~an~ of NaPles, ~ar¢o Island (formerly Citibank, F.S.B., Marco Island) - Business Development, Sales of Produo%~/~0rvi¢~ - Mortgage and Installment Lending Customer Service/T9%!er (June 9~ - Jan 92) Citibank F.S.B., Marco Island - Account and Cash Plow Management - Branch Reconcilement, Customer Rela%lor, s Financial Analyst (July 90 - Feb 91) part time Tri-State Engineering, Inc. Bristol, RI - Cost Proposals, Sales Analysis, Accounts Receivable - Margin Analysis and Inventory Control United _States Coast Guard (June 82 - July - Honorable Discharge (July 86) - Petty Officer Boatswain Mate Third Class Coxswain Qualified U.S.C.G. Station Point Judith, RI - Lead Seaman U.$.C.G.C. Eagle, New hondon, CT BANK TRAINING: Management Training Program, Mortgage and Installment Lending, Loan Operations and Collections, SBA Lending and CRA Compliance, AIB Commercial Cash Flow Analys~$ MILITARY AWARDS: Mh~MBERS~IPS: U.S.C.G. Meritorious Unit Commendation and ~dA~k~E~ Kiwanis Club of Marco Island (Director) / ~o. ,/_/?~_~ Isle~ of Capri Civic Association (Director)/ Marco Island Chamber of Commerce JAN 0 7 1~97 American ~egion of Vete~an. / ~) ......./ Jerry Marinaro 231 Capri Boulevard Naples, FL 34113 (941) 642-5596 October 24, 1996 Sue Filson 3301 US 41 East Naples, FL 33962 Dear Sue: I am very interested in applying for the Isle of Capri Fire Control District Advisory position. While being a resident I have worked at a local marina as property manager as well as being involved in m~nag~ng other properties in Collier County. I have experience in budgets and operations and I also have a Community Association Management license. It would be a pleasure to serve Collier County and the Isle of Capri. Your consideration of my qualifications for this position is most appreciated. I have enclosed a resume for your information. I would appreciate hearing from you at },our earliest convenience and look forward to meeting you. Thank you for time and consideration. Sincerely, ~rry Marinaro enc. AGENDa, ! t~ .o. JAN 07 1997 JEIU~! MARINARO 231 Capri Boulevard Phone (941) 642-'5596 Naples, FL 34113 OBJECTIYE I ~uld like to give back to the cc~z~nity in %dtich I have been a resident for the past nine years. WORK EIPERIENCE GULF BA! COMMUNITIES, INC., Naples, FL (1995-Present) Propert,¥ Property ~ger of ~sfits ~ri~ ~ch includes a resta~t, ~, 60 slip ~i~, re. ir s~p, ~ri~ s~re, ~d ~ a~t ~eliings. ~sist ~d ~ge other pro~rties in t~ de~lo~l stage. ~ ~ ~ ~~, Naples, ~ (1994-1996) ~rdi~tor~qer Res~ible for ~ordi~ting ~d ~ging of t~ re.il sho[~. Res~nsibilities includ~ su~ision of staff ~d ~l~t~rs, ~lic relation, daily o~ing ~d cluing pr~es, cash ~g~t, in~ c~troi, s~les of f~it~e ~d ~ti~es, ~d ~int~ ~d re.irs. MISFITS MARINA, Naples, FL (1987-1996) Property Manaqer and Consultant Principal responsibilities of property that contains a restaurant, bar, 40 slip marina, repair shop, marina store, and three apartment dwellings. Included in these responsibilities is marketing and advertising, leasing agent, maintenance of gro'unds and oh~ellings, purchasing and recw:Jv~r,.q, accounts recei~-able, public relations, inventory and maintenance of docks and fuel distribution facility. TEtE RITZ-CARLTON, Naples, FL (1993-1994) Fine Dining Server Provide quality finm dining smrvicm t~ ~umsts. MARRIOTT'S MARCO ISLAND RESORT, Marco Island, Server FL (1992-1993) Provide quality customer service. EDUCATION Cahrillo Collie, Aptos, California, two years of general education Morristown High, Merristown, New Jersey A G£ N D~Ax-J No.._~_L_j~_~ JAN O 7 1997 P.O. Box 2085 Marco Islancl, FI. 33969 Custom ~~ Homes Office 278 Capri Blvd, Isles of Capri Naples, Fi. Office (813) 394-4228 Home & Fax (813) 394-3787 ~l~: To appoint 2 members to serve 2 year lerms, expL,~g on December 31, 1998, on the Ochopee Fire Control District Advisory Committee. CONSIDERATIONS: Thc Ochopee Fire Control District Advisory Committee had 2 Germs expiring on December 31, 1996, x~presmating Plmtation Island and Chokoloskee. This $ member committee advises the Board on the budget and operation of the Ochopee Fire Control District. Members mu.~t reside withLn the tinting district Terms are 2 yem's. A list of the current membership is included in the backup. The terms for William L. Pennell (Plantation Island) and Frances Tiffi (Chokoloskee) expired on December 3 I, 1996. A press release was issued a~d resumes were received bom the following 3 baterested citizens: APPLICANT PlSTRICT ELECTOR William L. Pennell, re-appt. Fran Tif~ - re-appt.(WITHI)l~W) Kent L. Orner, Sr. 5 yes 5 yes 5 yes RECOlVlM~ATION: William L. Pennell - re-appointment (Plantation Island) Kent. Omer, Sr. (Chokoloskee) NOTE: Section Seven (b.) (1) of Ordinance $6-41 states "Terms of office for Board members shall be limited to two consecutive terms of ~,rviee oa any one Board..." Under (2) of the same section, it is noted that "By a tmatfimous vote ofthe Commission, the limitations set forth in subsection (b) (I) above may be waived". According to available records, William L. Pennell has served o: the comminee sbace December 18, 1990 (3 terms). Shoed the Board wish to re-appoint Mr. Pe~nell, the 1~mimtions on two consecutive terms will need to be waived. FISCALS: NONY. GROWTH MANAGEMENT IMPA_C!'_: NONE ILECOMMENDATION: That the Board of County Commissioners consider the recommendation for appointment and appoint 2 members to 2 year terms, expiring on December 3 I, 1998, on the Ochopee Fire Control District Advisory Committee; and direct the County attorney to prepare a r~solution co~ing the appointments. Prepared By: Sue Filson Date: January 7, 1997 AGENDA ITEM "O.r/~ £- - Ji~i 07 1997 pg. ~ _- Ochopee Fire Control District Advisory Committee Name WUliam L. Pen.nell P.O. Box 229 Everglades, FL 34139 District: 5 Category: Plantation Island Frances Tiffi 370 Mamie Street Chokoloskee Island, FL 34138 District: 5 Category: Chokoloskee Charles R. Reynolds Copeland Avenue Everglades City, FL 34139 Dixtrict: 5 Category: Everglades City Michael Hart P.O. Box 42 Copeland, FL 34137 District: 5 Category: Lee Cypress (Copeland) T. Anthony Brock #1 Turkey Trail Ochopee, FL 34141 District: 5 Category: Ochopee Area At Large Work Phone dppt'd Exp. Dale Term Home Phone D~teRe. appt 2ndEa~Date 2nd Term 12/18/90 12/31/92 2 Years 6~5-454~ 1/24/95 12/31/96 o/ 2 Years 01/05/93 12/31/94 2 Years 695-3633 1/24/95 12/3 I196 / 2 Years 10/26/82 1zr3 Itgl 2 Years 315/96 12/31/97 2 Years 01/05/93 12/31/93 'I Year 3/$/96 I2/31/97 2 Years 01107/92 12/31/93 2 Years 315196 I2/31/97 2 Years This 5 member committee was created by Ord. No. 75-06 to advfse ~e 8oard of County Commissioners on the operations and budget of '~e Ochopee Fire Control Oist~L-t. Members must reside within ~e boundaries of the Ochopee Area Fir~ ~ Sl:~,,cial Taxing Ois~ct. will be appointed by the City of Everglades City Council. Terms am 2 years. Chief Vince Doerr. Ochopee Fire Control Dis~ct - 695-4114 Staff: Diane Flagg, Emergency Services Dimc:tor: 774-8823 Friday. June 28, ~99~' I'~ge I ~1 AG£NDA~TEM JAN 0 7 1997 '- TO: FROM: DATE: RE: DEPARTMENT OF EMERGENCY SERVICES RECEIVED MEMQRANDYM DEC 1 7 1996 l)oard of County Comaisstoners Sue Filson, Administrative Assistant Board of County Commissioners / / Diane B. Flagg, Director Department of Emergency Servic~ December 16, 1996 Advisory Council Vacancies Thank you for your correspondence regarding the vacancies on th,e Isles of Capri and Ochopee Fire Departments advisory committees. ... The respective committees have met and wish to recommend to the Board of County Commissioners the appointment of the candidates who have expressed an interest in serving. The recommendations for the Isle of Capri advisory committee were: Philip A. Popovici, Jerry Narinaro and Edward J. Huegel. The recommendation for the Ochopee advisory committee were: Kent L. Omer, Sr., and Leto Pennell. If I may provide any further assistance, please do not hesitate to contact our office. Thank you for your continued expertise and cooperation. cc: Rod Rodriguez, Chief Skip Woolsey, Adviscr Board Chairman Isles of Capri Fire Department Vince Doen', Chief Charles Reynold's Advisory Board Chairman Ochopee Fire Department N O 7 1997 ~EMORANDUM DATE: October28, 1996 TO: FROM: Vinell Hills, Elections Office Sue Filson, Administrative Assistan. t~ Board of County Commissioners RE: Voter Registration - Advisory Board Appointments The Board of County Commissioners will soon consider the followhag 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. QCHOPEE FIRE CONTROL DIST ADV ~0MM CQMMISSIQN DISTRICT Fran Tifft 228 Marnie Street ,~ Box 97 Chokoloskee, FL 33925 W. L. (Lem) Pen.nell P.O. Box 229 Everglades City, FL 34139 Thank you for your help. AGENDA IT_EM .o. /ff. JAN 0 7 1997 MEMORANDUM DATE: TO: FROM: December 2, 1996 Vinell Hills, Elections Office _ ~ Sue Filson, Administrative Assi~./ Board of County Commissioners RE: 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. OCHOPEE FIRE CONTROl,. DISTRI(~T Kent L. Omer. Sr. P.O. Box 659 Chokoloskee, FL 34138 COMMISSION DISTRICT Thank you for your help. ' ~Io. /~C-. JAN"[} 7' :1997 MEMORANDUM DATE: TO: FROM: December 2, 1996 Diane Flagg, Emergency Services Dire~. Sue Filson, Administrative Assis~/t/~ Board of County Commissioners Ochopee Fire Control District Advisory Committee As you know, we currently have vacancies on the above-referenced advisory committee. 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: Kent L. Omer, Sr. P.O. Box 659 Chokoloskee, FL 34138 Please let me know, in ,.,,~'iting, the recommendation of the advisory comminee for appointment and I ~511 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-g097. Thank you for }'our attention to this matter. SF Attachments "-"~(~ ~: N D A IT£hl JAN 0 7 1997 · P~'-. 7 Ms. Sue Filson Adm. Assistant County Commissioners 3301 U.S. 41E. Naples, FL 33962 Dear Ms. Filson, Enclosed is my resume, with Frances Ttfft's letter o~ resignation, to the Ochopee Fire District Advisory Board. I am interested in replacing Mrs. Tifft on this Board. I was born in Mill Hall, PA, March 12, 1936 and lived there until 1956 when I moved to Miami, FL, where I resided until 1994. I have been a resident of Chokoloskee since mF retirement in 1994 and became a registered voter in 1996. From Oct. 1956 thru Oct. 1966, I was employed at TamiamiAirport at a fixed based operation at line service and, later, as a mechanic. In Oct. 1966, I was employed by Northeast Airlines as a mechanic and,in ~uly 1968, entered their flight program as a Flight Engineer. In 1972, Delta Air Lines acquired Northeast and I served as Co-Pilot and later up-graded to Captain until my retirement on Oct. 31, 1994. Flight Ratings held; Airframe & Powerplant Mechanic ~1629995 Flight Engineer Turbojet Powered ~1873154 Commercial Pilots License: Single & Multi Engine with a type rating on the Boeing 727 ~ 1373537 Educational background; Highschool, 12 years Trade school Aircraft Power Plant and Airframe Mechanic. Commercial Pilot Flight Training: Single & Multi Engine with Instrument Rating. I have a strong interest in aviation and safety related matters, as well as my community. Barbara Berry, newly elected County Commissioner for District 5, suggested that I check on the ~osition for the Everglades City Airport Advisery Board. If it is still open, please consider my applying for this position. Thank you, Kent L. Orner, Sr. P.O. Box 659 3! JAN B97 Chokoloskee, FL 3~ t MEMORANDUM DATE: TD: FROM: R.Ei October 28, 1996 Diane Flagg, Emergency Services Direc~r~ Sue Filson, Administrative Assi~ Board of County Commissioners Ochopee Fire Control District Advisory Committee As you know, we currently have 2 vacancies on the above-referenced advisory committee. A press release was issued requesting citizens interested in serving on this comminee to submit a resume for consideration. I have attached the resumes received for your review ~s follows: Fran Tifft 228 Marnie Street Box 97 Chokoloskee, FL 33925 W. L. (Lem) Pen.nell P.O. Box 229 Everglades City, FL 34139 Please let me know. in wxiting, the recormmendation of the advisory committee for appointment and I will prepare an executive summary for the Board's consideration. Please categorize applicants in areas of expertise. If you have any questions, plea.se call me at '~74-8097. Thank you for )'our attention to this matter. SF Attachments October 22, 1996 Sue Filson, Administrative Assistant Board of County Commissioners 3301 East Tamiami Trail~ Naples, F1 34112-4902 Dear Ms Filson Thank you for your letter about the Ochopee Fire Adv~.sory Committee. I would be pleased to serve again, but more pleased if someone else steps forward and asks for the job. I am still working as a Real Estate Broker with an office on Chokoloskee, and still active in the CommL%nity Church, the Museum of the Everglades, the Chokoloskee Property Owners Association. Thank you. Sincerely, , Fran Tifft CB Boer'd of Collier County Commissioner's 330[ East Tam[am[ Atten: Ms Sue Falson County Com[ssone~ [ ~ould l[Ee to be c~ns[dered for appointmen~ to the Ochopee P[re Board for another' term. High School. Dade County Fi., and 3 years at the IJ~iver$ity oF Florida with an AA Degree. have enjoyed serving on the Fire Board and will co,qti?.ue se,'ve ~ { a~ointed. JAN 07 1997 QtLIECTIVE: To appoint 1 member to serve a 2 year term, expiring on December 3 I, 1998, on the Golden Gate Community Center Advisory Committee. CONSIDERATIONS: The Golden Gate Community Center Advisory Committee has 1 term expiring on December 31, 1996. This 5 member committee assists the Board of County Commissioners by reviewing and making r~commendations regarding the budget and operation of the community center. Applicants must reside within the Golden Gate Community Center MSTU District. Terms are 2 years. A list of the current membership is included in the backup. The term for Paul Laugel expired on December 31, 1996. A press release was issued and resumes were received from the following 2 interested citizens: APPLICANT plSTRI(~TI' ELECTOR Tom Henning 3 yes Christiane Wadsworth NO RECOMMENDATION: Christiane Wadsworth The Elections Office has advised that Cbxistiane Wadsworth is not an elector of Collier County. Ordinance No. 86-41 states: "All members of County Boards shall be permanent residents and electors of Collier County and should be reputable and active in community service." Therefore, Christiane is not qualified to serve as a mcmber of this committee. FISCAL IMPACT: NONE G..__ROVCFH MANAGI~NT IMPACT: NONE RECO?V~IENDATION: That the Board of County Commissioners consider the recommendation for appointment and appoint I member to serve a 2 year term, expiring on December 31, 1998, on the Golden Gate Community Center Advisory Committee, and direct the County. attorney to prepare a resolution confmming the appointments. Prepared By: Sue Filson Date: January 7, 1997 Golden Gate Community Center Advisory Committee Sa/tiE Kent Kolegue 2515 55th Street, S.W. Naples, FL 34116 District: 3 Category: Cheryle L. Newman 5101 31st Avenue, S.W. Naples, FL 34116 District: 3 Category: Vicki A. Clavelo 3610 21s~ Avenue, S.W. Naples, FL 34117 District: 3 Category: Paul Laugel 5430 28th Place, S.W. Naples, FL 34116 District: 3 Category: Nancy McLean 5415 26th Avenue, S.W. Naples, FL 34116 District: 3 Category: Work Phone ~4ppt'd E.~. Date Term Home Phone DattRe-appt 2ndE, wDate 2nd Term 3sa-sial 03/12/96 12/31/97 2 Years 12/03/96 12/31/98 2 Years 353-7969 01/03/95 12/31/96 2 Years 455-1475 1223/96 12/31/98 2 Years 455-4458 01/03/95 12/31/96 2 Years 01/23/96 12/31/97 2 Years 455-5629 Tu~day, lf~ce.n~ 03, 1996 oi'2 i II-. -- " JAN 0 7 I997 ; Golden Gate Community Center Advisory Committee Pr'ork Phone Appt'd Exp. Date Term Name Home Phone DattRe-appt 2nRExpDate 2nd Term This 5 member committee w~s created by Oral, No. 75-4 ~o ~3*vise the Bom'd of County Commissioners on the budget and oparaUon of the C-.~lden Gate Communib/' Canter. Members must reside w~in the boundaries of the Golden Gate Community Cen~er Municil~l Services Sp~ial T~ing District. Terms are 2 years. Staff: Steve Brin~n, Parks and R~tion Direc~c 353-0404 Yu~dgy, Dece..n~r O J, 1996 JAN 0 7 1997 COLLIER COUNTY GOVERNMENT RECEIVED DEC 1 Il 1996 8oard of County Con~issioners PARKS AND RECREATION DEPARTMENT GOLDEN GATE COMMUNITY CENTER MEMORANDUM 4701 GOLDEN GATE PARKWAY NAPLES, FLORIDA 33999 (941) 455.2343 FAX (941) 455-9556 A Cl, J. RTIFIED ~ CHIP COMML~.'NITY TO: FROM: RE: DATE: Sue Filson, Administrative Assistant John Dunnuck, Golden Gate C.C. Supervisor ~,'~ Golden Gate Advisory Board Positions December 9, 1996 The Golden Gate Advisory Board recommended Christiane Wadsworth for the available, board.decision during.the December 2, 1996 meeting. I have enclosed the '..'._mi~U__tes__o.f_t.h.e__.meeting for your conve~'i~"Wc'e'... If you have any questions, please call me at 455-2343./~'~'L~'2 ' /L''''~-~c''-'E~-~/'-~- '"- ~ JAN 07 1997 MEMORANDUM DATE: November 25, 1996 ' ": ". :.' .'" ' ": :' :'7: . .' ~ :.:.. TO: Vinell Hills, Elections Office , FROM: Sue Filson, Administrative Assistant,/// ' Board of County Commissionen ~ RE: Voter Regis~-ation - Advisory Board Appointmen~ The Board of County Commissioners will soon consider the following individuals for appointment to one o£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. GOLDEN GATE COMMUNITY CENTER ADV COMM COMMISSION DISTKIgT Tom Henning y 2151 42°d Terrace, S.W. ~"~" Naples, FL 34116 5410 26m Avenue, S.W. Naples, FL 34116x ~,_ ~ you for yo~ help. · JAN 07 1997 ~EMORANDUM DATE: TO: FROM: November 25, 1996 Skip Camp, Acting Director _ 0 Parks and Recreation ~ , Sue Filson, Administrative Assista~, t//, ' Board of County Commissioners ~ Golden Gate Community Center Advisory Committee As you know, we currently have vacancies on the above.referenced advisory committee. A press release was issued requesting citizens interested ha serving on this committee to submit a resume for consideration. I have attached the resumes received for your review as follows: Tom Henning 2151 42"d Terrace, S.W. Naples, FL 34116 Christiane Wadsworth 5410 26* Avenue. S.W. Naples, FL 34116 Please let me know, in writing, the recommendation of the advisory committee for appointment and I will prepare an executive summary for the Board's consideration. Please categoric applicants in areas of expertise. If you have any questions, please call me at 7'74-8097. Thank you for your attention to this matter. SF Attachments JAN 07 1 97 ATTENTiO."; SUr, F~SO,N RF. Gc[d:m G.-':.-' Commtmit.~ C.~nlcr A. dvi~nr). B,.,ard Dc.,r Suc Fil:.,.~n. t ',,,~.,~.ll,..l ,,.-.: u?p!>' tS:r m.., vac'.',-n¢> on th.: (]olden '"'-,-,.,..,..C,.,,,::n~,:,..."": C',:::t.-r .\d,isor,., ' Board. Thank . ..,.] / Tom l-[~nning 2151 42nd Tern Golden Ga~c, Fl, 34116 941-455-94-~g 1997 1.3 ATTENTION: Sue Filsun RE: Resume For Application For G. G. Comm. Center Advisor) Board Dear Sue Filson, I have been a resident of Collier County since 1973, ! have owned Golden Gate Auto Repair for the past 10 years. Being a small business person, I know how important it is to stretch the dollar. Thank You, Tom tlenning LOCAL I N,'OLVEMENT: r~- : .Member of Golden Gate Chamber of Commerce since 1989 Board of Directors 1992-1995 President's Service .&ward I992-1993 : Golden Gate Communit)' Center Ad,'isory Board t991-1995 Chairman 1995 Golden Gate Area Civic Association member since 1992 Vice-President 1994 President 1995 Board of Directors since 1994 :President's Council of Golden Gate Chairman 1994 JAN 07 1997 I'::iq6 :~~ ~a~iol- -+~h, s. i_e~r ok m~ ce~e~- .~;4<'on on-4h~ obo~'e m~n-h'e~ecl ..... ~ ,hOve ............... _Co,, ._bo ,, ; __ r~ ,,, _.m~j _mos4-. .............. 'mci: eo. kd { JAN 07 1997 .. j/ .... .~n ~. [ o.5~, r'¢_._ ...................... : JAN 0 7 1997 . -:.:..../1. -. _[O,~l.*S - ,ojqs I JAil O ? 1997 ' -- XECUTIVE SUMMARY' pom'TMmn' TO OB~CTIVE: To appoint 5 members to 2 ye~ te~s, co~encing on Feb~ 4, 1997 ~d expiring on Feb~ 4, 1999, on ~e Co~W Gove~eni Producliviw Co--thee. CONSIDE~TIONS: ~e Co~W Gove~em Productiviw Co--thee ha 6 le~s expiring on Feb~u 4, 1997. ~s 13 member co--thee reviews ~e efficiency of dep~ems of Co~W Gove~ent ~der ~e j~sdicfion of~e Bo~d ofCo~W Co~issioners. Te~s ~e 2 ye~s. A list of the c~ent membership is included in ~e backup. On Febm~' 4, 1997, the te~s for the follo~Sng members ~11 expire: Chiles E. Getler, David R. Craig. Robert D. Laird, Edw~d T. Ferguson, Bfi~ C. Paul, ~d J~es E. Cav~agh. Additionally. we have a resignation ~om M~e Genner, for a total of 7 vac~cies. A press rele~e was issued mad resumes were received ~om the follo~Sng 5 interested citizens: APPLICANT DISTRICT,. Charles E. Getler - re-appt. Robert D. Laird - re-appt. David R. Craig - re-appt. Edward T. Ferguson - re-appt. Robin Maretta 3 yes I yes 4 yes 3 yes I )'es RECOblMENDATION: All five applicants were recommended for appointment. NOTE: Section Seven (b.) (1) of Ordinance 86-41 states "Terms of office for Board members shall be limited to two consecutive terms of service on any one Board..." Under (2) of the same section, it is noted that "By a unanimous vote ofthe Commission, the limitations set forth in subsection (b) (1) above ri;ay be v;aived'. According to available records. David Craig has ser,,'ed 2 consecutive terms. Should the Board wish to re-appoint David Craig, the limitations on two consecutive terms will need to be waived. FISCAL IblPACT: NON'E GROWTIt MANAGEMENT IMPACT: NONE RECOMMEND_A._TION...: That the Board of County Commissioners consider the recommendation for appointment and appoint 5 members to the County Government Productivity Committee. and direct the County attorney to prepare a resolution confirming the appointments. ~.~E~D~ iT~ .o. Prepared By: Sue Filson Date: January 7, 1997 JAN O 7 1997 TO: FROM: DATE: MEMORANDUM RECEIVEL' SUE FILSON, ADMINISTRATIVE ASSISTANT TO THE BOARD OF COUN~ COMMISSIONERS SHEILA LEITH, BUDGET ANALYST II, & STAFF LIASON TO THE COUNTY GOVERNMENT PRODUCTIVITY COMMITTEE PRODUCTIVITY COMMITTEE VACANCIES DECEMBER 19, 1996 There are currently 7 vacancies on the County Government Productivity Committee. The Committee has received 5 resumes for consideration. Applicants were categorized as follows: Name/Address Area of Expertise Charles E. Getler 6855 San Marino Drive Naples, FL 33963 -automotive industo', cost reductions, efficiency, purchasing, financial analysis -President San Marco Condo Association -completed one term on the Productivity Committee Robert D. Laird 1765 Courtyard Way, #205-C Naples, FL 33962 -rea] estate, insurance -active in Rotao', Masonic, Elks, East Naples Civic Association, EMS Advisory Board, Sheriffs Civilian Commission, Drill Academy Advison,' Board -completed two previous terms on the Productivity Committee David R. Craig 3106 N. Tarniami Trail, Unit 261 Naples, Fl_ 341,,8 -aerospace industry, corporate procurement, infrastructure management -Fellow National Contract Management Association, President Moorings Property Owners Association, Vice President of the Princeton Club of Southwen Floricta -completed two terms on the Productivity Committee JAN 0 7 I997 pg. Edward T. Ferguson 215 Silverado Drive Naples, FL 34119 .Personnel management, career development, employee benefits -PiDelta Kappa Society Human Resources Management, Human Resources Association of Collier County -completed one term on the Productivity Committee Robin Maretta 1780 Watson Rd. Marco Island, FL 34145 -Office of Criminal Case Management, State of New Jersey, Team Leader .Probation The Productivity Committee has made a recommendation that the Board of Count)' Commissioners appoint the following candidates to fill vacancies on the Productivity Committee: I. CharlesE. Getler 2. Rober~ D. Laird 3. David R. Craig 4. Edward T. Ferguson 5. Robin Maretta Thank you for )'our assistance. Please call if you have any questions. JAN O? 1997 County Government Productivity Committee Name Work Phone Appt'd F~. Date Term Home Phone DateRe-appt 2ndExpDate 2nd Term Charles E. Getler 6855 San Marino Drive Naples, FL 34108 District: 2 Category: Business Management Timothy L. Hancock 3301 E. Tamiami Trail Naples, FL 34112 District: 2 Category: BCC Vice Chain-nan Daivd R. Craig 3106 N. Tamiami Trail #261 Naples. FL 34103 District: 4 Category: Business Management Robert D. Laird - , - 1765 Courtyard Way, #205-C Naples. FL 34112 District: 1 Category: Real Estate/Insurance Kart J. Otto 693 Seaview Ct., SSE A-704 Marco Island. FL 34145 District: 1 Category: Edward T. Ferguson 215 Silverado Drive Naples. FL 34119 District: 3 Category: Business Mgmt/Education Ma~c Germer fLS(c,o'~ l\'~'c\''~ 11654 Qua. il Village 'Way Naples, FL 34119 District: 5 Category: Bernard L. Weiss 13455 Pond Apple Drive Naples. FL 34119 District: 5 Category: 598-1860 07/I 6/96 02/04/97 774-8097 03/12196 0l/07/9~ 26~-2624 02~02~93 02~04~95 2~28~95 02~04~97 793-0933 07/I 6/96 02/04/97 11107195 02~04~96 642-3798 11/7/95 02~04~98 Thurxday. Jul). 18. 1996 597-5439 594.7772 02/28/95 02/04/97 03~26/96 02/04199 03/26/96 02104198 Page i of 2 1 Year ~" I Year 2 vearS 2 5'ears -" 1 Year 3 Mo. 2 Years 2 Years _.-- 2 Years "'"/ 2 Years JAlt 0 7 1997 Name Brian C. Paul 6799 Weatherby Court Naples, FL 34104 District: 3 Category.. Business Management 1oh.n E. Stockton 2230 Royal Lane Naples, FL 34112 District: 1 Category: Bill L. Neal 3536 Windjammer Circle #50 Naples, FL 34112 District: 5 Category: Jack G. McKerma 107 Flame Vine Drive Naples, FL 34110 District: 2 Category: James E. Cavanaeh 3870 Midshore D'rive Naples. FL 34109 District: 3 Category: Administration County Government Productivity Committee Work Phone ,4ppt'd Exp. Date Term Home Phone DateRe-appt 2ndExpDate 2nd Term 598.,4145 07/16/96 02/04/97 1 Year 455-5453 11/07/95 02/04/96 2 Mo. 774-0902 1117/95 02/04/98 2 Years 774-6325 11/07/95 02/04/96 3 Mo. 1 I/7/95 02/04/98 2 Years 597-3111 03108/94 02~04~96 2 Years 597.1596 2/26/96 02/04/98 2 Years 10/03/95 02/04/97 I Year 591-3362 This 13 member committee was created on 01/20/gl by Ord. No. 9%10 (amended by Ord, No. 93-13 & 96.10} to review the efficiency of del~arlments of County Government under the jurisdiction of the BCC. Terms are 2 years. Staff.. Sheila Leith, Budget Analyst: 774-8578 JAI 0 7 1997 P,3. ,.5"- M E M o R ^ ~ D u M RECEIVED DATE: December 13, 1996 8oard o? Cn,mty Com~fss~oners TO: FROM: Vinell Hills, Elections Office start ~...~~..7''''7'' Sue Filson, Administrative Assi Board of County Commissioners '- RE: 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. COUNTY GOVERNMENT PRODUCTIVITY COMM COMMISSION DISTRICT Charles E. Getler 6855 San Marino Drive No. 209 Naples, FL 34108 Robert D. Laird 1765 Courtyard Wa5' #205 C Naples, FL 34112 David R. Craig 3106 North Tamiami Trail, Unit 261 Naples. FL 34103 Edward T. Ferguson 215 Silverado Drive Naples, FL 34119 Thank you for your help. JAN 07 1997 MEMORANDUM DATE: TO: FROM: November 25, 1996 Vinell Hills, Elections Office Sue Filson, Administrative Assistant~/ Board of County Commissioners RE: 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. PRODUCTIVITY COMMITTEE COMMISSION DISTRICT Robin Maretta 1780 Watson Road Marco Island. FL 34145 Thank you for .','our help. JAN O? 1997 ~EMORANDUM DATE: TO: FROM: December 13, 1996 Shelia Leith, Budget Analyst Office of Management and Budget Sue Filson, Adminism'ative Assistan~t~ Board of County Commissioners -J County Government Productivity Committee As you know, we currently have 7 vacancies on the above-referenced advisory committee. 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: Charles E. Getler 6855 San Marino Drive No. 209 Naples, FL 34108 Rober~ D. Laird 1765 Courtyard Way $$205 C Naples, FL 34112 David R. Craig 3106 North Tamiami Trail, Unit 261 Naples, FL 34103 Edward T. Ferguson 215 Silverado Drive Naples, FL 34119 Please let me know, in writing, the recommendation of the advisory committee for appointment and I will prepare an executive summary for the Board's consideration. Please categorize the applicants in areas of experXise. If you have any questions, please call me at 774-8097. Thank you for your attention to this matter. SF AtmcNments JAN 0 7 1997 CHARLES EDWARD GETLER 6855 San Marino DriVe No. 209 Naples. FL 34108 Telephone (941 ) 598-1860 December 6, 1996 Bo~d of Commissioners Collier County Dear Honorable Commissioners I am filling a vacant term on the County Government Productivity Commitee which expires February 4, 1997. I would like the Board to consider me for a 2 year term starting at the expiration ofmy present term. I am interested in helping the Commissioners maintain the highest level of ef~ciency in government and believe I am qualified to do so. A copy of my updated resume is attached. Thank you for considering me for the position. Sincerely, Charles E. Getler Attention: Ms. Sue Filson JAN 07 1997 Charles E, Getler 6855 San Marino Dr. Naples, FL 3396.3 Telephone: (941) 595-1860 Birth Date: June 29, 1926 Present Occupation: Retired Permanent Resident of Naples since 1993 EDUCATION 1948 A B. Princeton University 1951 IV~A University of MichJgan WORK EXPERIENCE 1951 - 1991: Ford Motor Company Analytical, Supervisory and Managerial Positions in the following areas: Purchasing Personnel Financial Analysis Organization Advance Product Planning Product Engineering (Administration) Developed and implemented cost reduction/efficiency improvement programs. ,p..03_.T~~ ME .NT EXPERIENCE August, 1996-Present Member, CoLlier County Productivity Committee (Working on Purchasing Sub-Commir:ee) Februlu'y, 1995 - Present Board Member, San Marino Condominium Association Februao', 1995 - February, 1996 President, Board of'Directors, San Marino Condominium Association JAN fl? 1997 _ ROBERT D. LAIRD 1765 Courtyard Way ~r205-C, Kings Lake Naples, Flodda 34112 Ph. 941/793-0933 December 11, 1996 Mrs. Sue Filson, Administrative Assistant Board of County Commissioners 3301 East Tamiami Trail Naples, FL 34112-4902 RE: County Government Productivity Committee Dear Mrs. Filson: Thank you for your letter of November 25, 1996, regarding the Productivity Committee. I feel very strongly about the importance of this committee and I am definitely interested in reappointment. I am enclosing an updated resume. Sincerely, Robert D. Laird RDL/dk Enc. JAN 07 1997 g.._Z/Z ROBERT D. LAIRD 1755 Courtyard Way #205-C, Kings Lake Naples, Flodda 34112 Pti. 941/793-0933 PERSONAL I have owned property at the above address for sixteen years and have been a resident of Naples for eleven years. OCCUPATION/EMPLOYMENT I have held a Flodda Real Estate license for the past ten years. I have handled project and development work as well as general real estate in Collier County. At the present time, I am a Realtor/Associate with Andrea Deane and Associates Realtors. Telephone: 941/262-8866. Dudng 1993 and 1994 I was assigned to our Pelican Bay Development - The Crescent. I was a three million dollar producer both years. I am retired from The UndenNfiters Adjusting Co./Continental Insurance Company as a Regional Director of Personnel and Training. The home office was located at 1111 East Broad Street, Columbus, Ohio, 43215. I am presently self employed as a part time Massage Therapist, holding Florida license No. MA 0016291. I have taught at The Florida Health Academy, both in Naples and in Bonita Spdngs. I am also self employed as a part time Insurance Consultant, handling malpractice claims. EDUCATION Graduated from Jackson High School, Jackson, Ohio. Graduated from Ohio University, Athens, Ohio. BS Degree. Attended Ohio State University Law School and Graduate School, Columbus, Ohio. MILITARY SERVICE LT. CDR. United States Naval Reserve. Training Center. Four years active duty. Served as CO of Naval Reserve ~GE N,nA IT~-~ JAN 07 1997 BUSINESS/CIVIC ORGANIZATIONS Member of Board of Directors East Naples Civic Associatfon Member of Greater Naples Civic Association Government Task Force Member Naples Chamber of Commerce Member Collier County EMS Citizens Advisory Committee Member Fire Consolidation Task Force Member of Board Tiger Bay Association Member Collier County Productivity Committee Member Collier County Sheriff's Citizens Commission Member Citizen Advisory Committee for Collier County Drill Academy Member Naples East Rotary Club Member Lely Presbyterian Church Member Collier County 100 Club Member Collier County Forum Club Member Naples Area Board of Realtors (ten years) Member Professional Standards Committee (three years) Member Grievance Committee (three years) Member Education Committee (two years) Taught Success Series (two years) President Courtyard Condominium Association Vice President Kings Lake Home Owners Association Member Literacy Volunteers Association (LVA) (five years) Member Man-To-Man: Pdson visitation and counseling (five years) Member Insurance Companies Education Directors Association Member American Society for Training Directors Member Citizens Advisory Committee for Collier County Growth Management Plan FRATERNAL ORGANIZATIONS Member all Masonic Bodies and Aladdin Shrine, Columbus, Ohio, and Naples, Flodda Member American Legion and 40 & 8, Naples, Florida Member Elks Club of Naples, Florida FORMER BUSINESS/GOVERNMENT ORGANIZATIONS IN OHIO Former Member (Public Member) Ohio State Chiropractic Board (ten years) Former Member Ohio Governor James Rhodes Highway Traffic Safety Commission Rober~ D. Laird Resume, page 2 of 2 pages JAN 07 1997 DAVID R, CRAIG ~ III NAK~, ~ / December 8, 1996 Hrs. Sue Filson Administrative Assistant Board of County Commissioners 3301 East Tamiami Trail Naples, FL 34112-4902 Dear Mrs. Filson: Thank you for your November 25 letter reminding me that my term on the County Government Productivity Committee expires early in February. I have carefully considered the matter of applying for another term. While I approve of term limits, I find that the subcommittee of which I am now a part has an important and uncompleted task, and I do not be!ieve that it can be finished as early as January. Accordingly, I apply for another term as a member of the Productivity Committee, which I will view as an e×tensicn of my present term in order to see our subcommlttee report to full fruition. It is my !ntentlon to resign following acceptance of that report. An updated resume is attached fo- your ccnsideratlon. - Yours, very truly, .~- \ . ..? "~ ' ,,.,, xc: Mr. Jack McKenna, Chmn, CCGPC D.M,'~ R. CR,-~IG Mr. Oraig at;ended Princeton. received his Undergraduate degree in Electrical Engineering from Cornell. and served in the P~cific theater in '.t~v II as an Ensign. On demobilization, he became an engineer at the NavT's Taylor Model Basin. attended Wharton 3raduate Division. t'niver~ity of Pennsylvania. g:aduatin~ w~th an ).t.3..k. in Industrial ~anagement "with distinctmn" in lgJo. Mr. Craig joined Hazeltine Corporation as a project engineer and served subsequently as manufacturing plannin:.-' manager and Division Head. H~ served later at Airb~rne instrument Laboratories as Planning .~dministrator. In 1960. he became a co- founder of Cardion Electronics. where he was Chief Financial and Administrative Off!cot and a director. During the period of his association with Cardion it grew to seven million dollars/year in sails. In i96' he joined Orumman Aerospace Corporation and had a pr:~gresslo~ of assignments in corporate procurement operations. m~st notabi:.' those of Director of Advanced Procurement Ip:'c. curemen~ for .~dvanced development and research work and support cf major system proposals). Director of Procurement Policy and Systems (managing the computer infrastructure and corporate procedures fcc' $1.5 billion/yr, in lower tier procurement), an,t C,-rpcrtte Com?=ti:ioq ~dv~:cate. He retired in ia?. :.fr. Craig is a Ce:'tifi=:t Professional Contracts .~(ana.-.'er (CPC:.I~..-~ Fo!lc'.: of the Xaticnal Contract Management Association. and fc;'meriy a Truste= of the Village of ~3roo.t'vfile. In :'etir~men~. he w.n~ ~ ,lir~c:.'r and Secretary 'f the Southwest Florida Tec.~,neiogy Con'.tr. a .X'aples not-for-profit educats:n,tl research organ::atiJn. E... is currently a (1overnor and President of the .~(oorings Property Owner~ Association, serves on the Collier Count:.' Government Productivity Committee. and is ','ice President of the Princeton Club of Southwest Florida. JAN 0 7 1997 2~S Silverado Dr. Naples, FL 34~9 November 30, ~996 Ms. Sue Filson, Administrative Assistant Board of County Commissioners 3301Tamiami Trail E. Naples, FL 34112-4902 Dear Ms. Filson: I am in receipt of your letter of November 25, informing me that my two-year appointment to the Productivity Committee will end on February 4, 1997. This letter is a request to the Board to be re-appointed for an additional term. During my past term ! headed the sub-committee on Human Resources and provided the Board on January 30, 1996 with a written and oral report on the performance evaluation system of the County. Our sub-committee has worked closely with the cnunty's HR Department and has a good rapport with Ms. Edwards and the members of her staff. The sub-committee has also given guidance and input to the HR Department's new data processing system. During the coming year our sub-committee will take on the Board's first recommendation to the Productivity Committee, that of, 'investigating the cost and merit of a countywide grant coordinator.' As a former Director of Professional Development and Training at the National Center for Research at Ohio State University, my major responsibility was the supervision of a staff of over forty senior researchers who were charged with writing government and private agency sponsored grants. My background as a grant writer should help the committee investigate the above need. I believe ! still have a good deal to contribute to the productivity Committee and can provide the County with an additional two years of public service. ' ~AEN~'IT~_~ A copy of my resume is enclosed. JAN 0 7 m97 Sincerely yours, Edward T. Ferguson, Ph.D. EDWARD T. FERGUSON SUMMARY Areas of Professional Specialty: Background and Expertis: ~n: Highest Degree: Foreign Language: Bu~ine~ Administration, Professional Development, Human Resource and Developmem Administration, Teaching, Rose.ch, Evaluation, Project'Management PhD Spanish PROFESSIONAL EXP~~ Director of Personnel, Management and Career I~velopment Counselor:. Collier County Sheri~s O~ce, Naples FL 1989-present Adjunct Professor, Management Development Program: Barry University, Naples Center, Naples FL 1987-present Adjunct Professor, Business Management and Adolescent PsycholoT, y: Edison Commullity College, Collier Center, Naples FL 1988-1990 Contract Consultant: Urdversity of Maryland, International Business and Management Institute, Tokyo Japan I985-1986 Visiting Professor, I. ntemational Management Program: Institute for Lntemational Studies and Training, Boeki Kemhu Center Japan 1986 FERGUSON - p. 2 .~' ;nior Lecturer, Departments of Management, Educatfon, and Oraduat~ Counseling and Guidance Program: University of Maryland, European and Asian Divisions Visiting Professor, Department of Business and Economics: University of North Carolina at Greensboro Senior Lecturer, Department of Business: Columbus Int~rna~onal Colleg~, Research Fellow, Fulbright Fellowship, Coma~ for International Exchange of Scholars: Ministries of Cultur~ and Labor, Oermamy Senior Research Spe~alLst and Director of Professional Development and Industrial Training: C~nter on Education and T~!ning for Employment, Columbus OH Professor, College of Education Graduat~ School Faculty: Tim Ohio Stat~ University, Columbus OH Sabbatical. Research and Professional Writing: Sp,dn Teacher Educator, College" of Education, lzm~rucmr, Cotlege of Business: ,Michigan Sm~ University, E~'t Laming MI Assistant Professor, Department of Education and Colleg~ of Busine.~: Virgin.ia Polytechnic Imtitute and State University, Blac~burg VA EDUCATION BS Business Administration, Stat~ University of New York, Albany Major:. Business Admiaistration M/nor: Social Sc/en~ MS Business Administratic", Stat: University of New York, Albany Major. Marketing PkD Education, Michigan State University Major. Business and Marketing Education Minor:. Business Administration NO ...~ .)AN 0 7 1997 .... _ FERGUSON - p.3 BIOGRAPHICAL LISTINGS Leaders in Education. Fourth ed., .lacques Cattell Press, Tempe AZ 1973 Men of Achievement - 1973. Mekose Press Ltd., Cambridge England 1974 Dictionary of International Bio~aphy. International Biographical Centre, Cambridge England 1974 Who's Who in the South and Southwest. 22nd ed., Marquis, MacMillan Directory DMsion, Wilmetm IL 1995 MEMBERSHIPS Pi Delta Kappa Delta Pi Epsilon Society for Human Resources Management Personnel Testing Council of South Florida Personnel A~sociation of Collier County PUBLICATIONS A lis~ing of over fifty books, professional articles, and research papers is available upon request. JAN 07 1997 ..... MEMORANDUM DATE: TO: FROM: November 25, 1996 Shells Leith, Budget Analyst II r~ Office of Budget and Management Sue Filson, Administrative Assistant v,/] · Board of County Commissioners /v. County Government Productivity Co~mlttee As you know, we currently have vacancies on the above-referenced advisory committee. 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: Robin Marena 1780 Watson Road M~rco Island, FL 34145 Please let me know, in writing, the recommendation ofthe advisory committee for appointment and I will prep~e 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 your attention to this matter. SF Attachments JAN 07 1997 RECEIVED NO:' 22 E~$ oF" ...... Robin Maretta 1780 Watson Rd. Marco Island, Florida 34145 November 21, 1996 Ms. Sue Filson, Administrative Assistant Board of County Commissioners 3301 u.s. 41 E. Naples, Florida 33962 Dear Ms. Filson: Please be advised that I am interested in being considered for appointment to the County Government Productivity Committee. Enclosed please find the required brief resume. If you need ~ny additional information, please feel free to contact me at my above home address or by telephone at 389- 9252. Thank you for your consideration in this matter. Very truly yours, Robin Maretta JAN 0 7 1997 ROBIN M~LR ETTA 1780 Watson Rd. Marco Island, Florida 34145 (941) 389-9252 ~P~YM~T Current, Unemployed: relocated from New Jersey to Florida on August 15, 1996 with husband and children. September 1990 to August 9, 1996 Team Leader Office of Criminal Case Management State of New Jersey Judiciary Middlesex County Vicinage Mew Brunswick, New Jersey 08903 Oversaw the daily operational activities of Drug Court: ensured effective screening, processing, and management of cases making recommendations to the Judge especially when special handling was required or problems developed:oversaw the development and maintenance of Court/hearing calendars~ coordinated Court operations with the prosecutor and public defender offices as well as the private bar: supervised a team of six individuals reviewing all criminal investigations for quality, completeness, and appropriateness of all recommendations ensuring the expeditious handling of cases: recom~r, ended appropriate personnel actions. April 1976 to September 1990 Senior Probation Officer/ Probation Officer Middlesex County Probation Dept. New Brunswick, New Jersey 08903 Education, Trenton State College, Trenton, N.J. Bachelor of Science, Crininal Justice, 1975 For five years was assigned to the Middlesex County Correctional Center as a liaison between the Courts, Crininal Case Management/ Probation Department, Sheriff's Department, and Correctional Center: while there was also responsible for coordinating weekly in-house Court activities: prior to my assignment at the Correctional Center, reviewed cases to determine eligibility for diversion programs, preparation of acceptance reports: completion of all Court Ordered investigations (presentence, juvenile predisposition, custody, visitaion) includil ~ ~GE~>~Iv_/nm- recommendations to the Court. JAN 0 7 1997 EXECUTI~E SUMMARY PETITION NO. PUD-96-13, WILLIAM L. HOOVER OF HOOVER PLANNING SHOPPE REPRESENrTING ROCKWELL T. GUST YR., REQUESTING A R.EZONING OF CERTAIN DEFINED PROPERTY AS HEREIN DESCRIBED FROM "A" TO "PUD" ~STLEWS COVE) FOR A MULTI-FAMILY DEVELOPMENT CONSISTING OF 240 AFFORDABLE HOUSING UNITS FOR PROPERTY LOCATED ON THE NORTH SIDE OF U.S. 41 ('rAM]AMI TRAIL EAST) WHERE IT INTERSECTS WITH SO--ST BOULEVARD, IN SECTION 32, TOWNSHIP $0 SOUTH, RANGE 26 EAST, COLLIER COUNTY FLORIDA, CONSISTING OF 24 +_ ACRES. OBJECTIVE: This petition seeks to have certain property as herein defined rezoned from "A" Rural Agricultural to "PUD" Planned Unit Development to be known as Whistler's Cove. CONSIDERATIONS: The petitioner proposes a multi-family development on the subject 24 acre site. This petition also includes a companion application for an affordable housing density bonus agreement. There are a total of 240 dwelling units proposed resulting in a gross density of 10 units per acre. Ofthis total, 7 units per acre are attributable to the affordable housing density bonus agreement and 3 units per acre are attributable to the base density of the Future Land Use Element. According to the developer's density bonus agreement, the developer commits to 100 percent affordable housing units for this project. Therefore, the developer agrees to construct 240 affordable housing units on the subject property in accordance with the terms and conditions of the affordable housing density bonus agreement at I0 units per acre. The number of multi-family units proposed for Iow income monthly base rents include thirty-two 1 bedroom units, one-hundred fifteen 2 bedroom units and forty five 3 bedroom units. The number of multi-family units proposed for very low income monthly base rents include eight 1 bedroom units, twenty eight 2 bedroom units and twelve 3 bedroom units. Access to the site is provided from U.S. 41 at the intersection with Southwest Boulevard. Property adjacent to the site's northern property boundary is developed and referred to as Naples Manor Subdivision. This subdivision is a single family development zoned RSF-4. Property adjacent to the site's eastern property boundary is owned by Collier County and is being developed with effluent storage ponds and a new County park. The Tamiami Trail fight-of-way (U.S. 41) is contiguous to the remainder of the project's boundary. A maiority of the land uses existing and or approved opposite this right-of-way consist of commercial and multi-family housing projects. gGEN ^ ITE _ N~.~ JAN 0 ? 1997 The development strategy for the subject property is entirely consistent with the goals, objectives and policies of the Growth Management Plan. With respect to compatibility, staff is of the opinion that the petitioner has provided the necessary development commitments, infr&structure, ,,nd archritectual guidelines to provide a bonifide affordable housing devclopment compatible with surrounding hind uses. For example, recognizing the existing single family subdivision to the north, the petitioner provided a one hundred sixty (160) foot principal building setback from this boundary and maximum building heights of thirty-eight (38) feet. Also provided within this setback is a designated natural habitat preserve, providing for native vegetation retention. Additional setbacks from U.S, 41 ~'e eighty (80) feet for one amd two story structures and two hundred (200) feet for three story structures. Setbacks provided from the eastern property boundary are forty (40) feet for one and two .story structures amd eighty (I~0) feet for three story structures. This project is the County's sixteenth drordable housing project within the last 3 years. Of these 16 projects, 7 are located south of Golden Gate Parkway while 4 projects are north. The remaining 5 projects are in Immokalee. The affordable housing projects in the east Naples area include the Collegewood PUD which is located along the south side of Rattlesnake Hammock Road, approved for 106 multi-family dwelling units at 12 units per acre. The College Park PUD is located approximately 300 feet west of the Collegewood PUD approved for 210 multi-family dwelling units at 12 units per acre. The David A. Gallman Estate PUD located along south Airport Pulling Road is approved for 260 multi-family dwelling units at g.54 units per acre. Ospreys Landing PUD on Davis Boulevard contains 176 multi-family dwelling units at 8.86 units per acre. Lastly, the Leawood Lakes PUD located on Radio Road is approved for 207 multi-family dwelling units at 6.08 units per acre and the Saxon Manor PUD located just east of Leawood Lakes PUD is approved for 250 muhi-family dwelling units at 11.96 units per acre. All rezoning actions require a findings on the part of the Collier County Planning Commission (CCPC) based on the provisions of Section 2.7.2.5. A preponderance of the rezone findings support an action to rezone the subject lands to the PUD zoning district. The rezone findings are formatted to give both reasons for or against a decision to rezone the property. Said findings are included in this Executive Summary submission together with the staff report which is approved by the CCPC. A summar7 of the major Pro/Cons from the Rezone Finding report is as follows: PRO CON The subject proper~y is seined by a network of Urban mixed-use development may not coincide arterial roads, all of which are well within the with resident's desire to maintain a natural urbanized area providing easy access to a host of atmosphere. community service facilities. As urban intensification increases, there is some loss of comfort and ease of travel to the motoring public. NO. ~ JAN 0 ? .997 Pa. ~ The site generated traffic will not exceed the Sigr~ficance Test (5% of the level of service "C" design capacity) on U.S. 4 I. Sixty (60%) percent of the subject site will consist of open space. There is no way to guarantee that this project will be marketed in a manner comparable or complimentary to development in the nearby neighborhoods. Comprehensive multi-disciplined analysis supports the suitability &the land for the uses proposed. Collier County Planning Commission reviewed this petition on December 19a~, 1996 at their public heating and voted to recommend approval &this petition. FISCAL I~IPACT: This amendment by and of itself will have no fiscal impact on the County. However, if this amendment achieves its objective, the land will be developed. The mere fact that new development has been approved will result in a future fiscal impact on County public facilities. The County collects impact fees prior to the issuance of building permits to help off-set the impact of each new development on public facilities. These impact fees are used to fund projects in the Capital Improvement Element needed to maintain adopted levels of service for public facilities. In the event that impact fee collections are inadequate to maintain adopted levels of service, the County must provide supplemental funds from other revenue sources in order to build needed facilities. GROWTH MANAGEMENT IMPACT: This petition has been reviewed by the appropriate staff for compliance with the applicable elements of the Growth Management Plan, as noted below: F~ture L_~nd Use Element - The subject parcel is designated as Urban Residential on the Future Land Use Element CFLLTE) and map of the Growth Management Plan (GMP). This designation permits residential development at a base density of 4 units per acre. The subject property is located in the traffic congestion area, therefore one dwelling unit per acre can be reduced from the base density. Therefore, technically the subject property qualifies for up to three (3) dwelling units per acre based upon criteria contained within the density rating system aside from any consideration of a density bonus based upon an approved affordable housing density bonus agreement. The petitioner is requesting seven (7) dwelling units per acre in their affordable housing density bonus agreement for a total density of ten (10) dwelling units per acre. If approved this density would be consistent with provisions of the FLUE. The affordable housing density rating system to the FLUE provides a maximum of 8 affordable housing units per gross acre. NO. ~ ,JAN 0 7 Traffic Circulation Element - Analysis of traffic circulation impacts for consistency with the Traffic Circulation Element (TCE) indicates that site generated traffic will not exceed the Significance Test (5% of the level of service "C" design capacity) on U.S, 41 (Tarniami Trail East) nor lower the leve! of serv~ice below the adopted LOS "D" standard for this road segment within the project's radius of development influence (RE)I). The Traffic Circulation Element (TCE) lists U.S. 41 as a 4 lane arterial road, The current traffic count for this segment is 30,569 AADT which results in LOS 'B'. It should be noted that U.S. 41 from Rattlesnake Hammock road to C.R. 951 is sch~luled to be improved to 6 lanes by 1998/1999. Therefore, this project meets the County's concurrency requirement and is consistent with the standards referenced in Policy 1.3, 5.1 and 5.2 ofthe TCE. Open :Space Element and Conservation and Coastal Management - Sixty (6C~A) percent of the subject site will consist of' qualifying open space, part of' which includes land, which should, unless otherwise mitigated, be set aside as conservation/preserve areas. The Master Plan has been designed to fulfill the consistency requirements for the Conservation and Coastal Management Element. Other Applicable Elements - Development commitments included in the PUD provides us with the bases to a~rm that the PUD Regulatory Document and Master Plan provides a dcvelopment strategy for the subject site that is consistent with other applicable elements ofthe GM?. BISTORIC/ARCIFIAEOLOGICAL IMPACT: Staffs analysis indicates that the petitioner's property is located within an area of historical and archaeological probability as referenced on the offlcial Collier County Probability Map. Marion M. Almy, president of Archaeological Consultants Incorporated (ACI), performed a systematic professional archaeological survey of the subject site. This survey was performed because a portion of the property area lies within an identified archaeological sensitive zone. The survey resulted in the determination that the subject site (8CR71 l) is not a prehistoric archaeological site and no additional research is warranted. In summary, ACI concluded that development of Whistler's Cove will have no impact on any significant cultural resource. However, pursuant to Section 2.2.25.8.1 of the LDC, if, during the course of site clearing, excavation or other construction activity an historic or archaeological artifact is found, all development within the minimum area necessary to protect the discovery shall be immediately stopped and the Collier County Code Enforcement Department contacted. PLANNING COMMISSION RECOMMENDATION: That the Board of Collier County Commissioners recommend approval of Petition PUD-96-13, a petition to rezone certain property from "A" to "PUD" pursuant to the Ordinance of Adoption and Exhibit "A', Whistler's Cove PUD Document and Master Plan. PREPARED BY BRYAN ~ILK PRINCIPAL PLANNER REVTEWED BY: RO~ERT J. MULHERE, AICP CURRENT PLANNING MA_~NAG_ER DONALD W. ARNOLD, A1CP P~RVI~ENT DIRECTOR VINCENT A. CAUTERO, ADMINISTRATOR /~/~ L DATE DATE DATE COMMUNITY DEV. AND ENVIRONMENTAL SVCS. PUD-96-13 EX SUMMARY/pd 5 JAN 0 7 997 AGENDA ITEM 7-D MEMORANDUM TO: COLLIER COUNTY PLANNING COMM]SSION FROM: COM2vIUN!TY DEVELOPMENT SERVICES DIVISION DATE: December 3. 1996 PETITION NO: PUD-96-13, Whistlers Cove OWNER/AGENT: Agent: William L. Hoover, AICP Hoover Planning Shoppe 2223 Trade Center Way Naples, Florida 34109 Owner: Rockwell T. Gust Jr., President G and G Development Corporation P. O. Box 846 Naples, Florida 34102 _REQUESTED ACTION: The petitioner is requesting a rezone from Development to be known as Whistler's Cove. "A" Rural Agricultural to "PUD' Planned Unit GEOGIL%PHIC LOCATION: The subject property fronts on the north side of U.S. 41 (Tamiami Trail East) where it intersects with Southwest Boulevard, in Section 32, Township 50 South, Range 26 East, Collier Count>' Florida, and is approximately 24 acres in size (See location map on following page). PURPOSE, DESCRIPTION OF PROJECT: The petitioner proposes a multi-family development on the ~bject 24 acre site. This petition also includes a companion application for an affordable housing density bonus agreement. There are a total of 240 dwelling units proposed resulting in a gross density of 10 units per acre. Of this total. 7 units per acre are attributable to the affordabh: housing density bonus agreement ~d 3 units per acre are attributable to the base density of the Future Land Use Element. According to the developer's density bonus agreement, the developer commits to 100 percent mffordable housing units for this project. Therefore, the developer agrees to construct 240 affordable housing units on the subject property in accordance with the terms and conditions of the ~f'ordable housing density bonus agreement at 10 units per acre. 'I 'l ! ! AFFORDABLE HOUSING GOLDEN DEVELOPMENTS SOUTH OF GATE PARKWAY JAN 0 The number of multi-family units proposed for Iow income monthly base rents include thirty-two 1 bedroom units, one-hundred fifteen 2 bedroom units and forS' five 3 bedroom units. The number of multi-family units proposed for very low income monthly base rents include eight 1 bedroom units, twenty eight 2 bedroom units and twelve 3 bedroom units. Access to the site is provided from U.S. 41 at the intersection with Southwest Boulevard. This project is the County's sixteenth affordable housing project within the last 3 yea~s. Of these 16 projects, 7 are located south of Golden Gate Parkway while 4 projects are north. The remaining 5 projects are in Immokalee. The affordable housing projects in the east Naples area include the Collegewood PUD which is located along the south side of Rattlesnake H~rtmock Road, approved for 106 multi-family dwelling units at 12 units per acre. The College Park PUD is located approximately 300 feet west of the Collegewood PUD approved for :210 multi-family dwelling units at 12 units per acre. The David A. Gallman Estate PUD located along .south Airport Pulling Road is approved for 260 multi-family dwelling units at 8.54 units per acre. Ospreys Landing PUD on Davis Boulevard contains 176 multi-family dwelling units at 8.86 units per acre. Lastly, the Leawood Lakes PUD located on Radio Road is approved for 207 multi- family dwelling units at 6.08 units per acre and the Saxon Manor PUD located just east of Leawood Lakes PUD is approved for 250 multi-family dwelling units at 11.96 units per acre. SURROUNDING LAND USE AND ZONING: Existing: Surrounding: North- East- South- West- The subject property is zoned 'A" Rural Agricultural and is primarily forested and is otherwise vacant. recreational uses. Multi-famil' units per acre is developed at PUD. Primarily developed as a single family residential subdivision, zoned RSF4 (Naples Manor). Undeveloped "A" Rural Agricultural property, primarily forested. Collier Coumy owns the property and is presently developing the site v,4th effluent storage ponds. Further east is an approved County park. Tamiami Trail (U.S. 41) is contiguous to the site. Across the R.O.W. the property is zoned PUD (Vincentian PUD) for a multi- family mixed use development. The site is currently undeveloped. Tamiami Trail (U.S. 41) is contiguous to the site. Across the R.O.W. the property is commercially zoned (C-5) and is primarily developed with storage units, outside storage lots, retail businesses and outdoor t housing at I0 Tr~ the JAN 0 7 GROWTF] MANAGEMENT PLAN CONSISTENOr': This petition has been reviewed by the appropriate staff for compliance with the applicable elements of the Growth Management Plan, as noted below: t:uture Land Use Element. - The subject parcel is designated as Urban Residential on the Future Land Use Element (FLUE) and map of the Growth Management Plan (GMP). This designation permits residential development at a base density of 4 units per acre. The subject property is located in the traffic congestion area, therefore one dwelling unit per acre can be reduced fi.om the base density. Therefore, technically the subject property qualifies for up to three (3) dwelling units per acre based upon criteria contained within the density rating system ~side from any consideration of a density bonus based upon ~ approved mq'ordable housing density bonus agreement. The petitioner is requesting seven (7) dwelling units per acre in their affordable housing density bonus agreement for a total density of ten (10) dwelling units per acre. If approved this density would be consistent with provisions of the FLUE. The affordable housing density rating system to the FLUE provides a maximum of 8 affordable housing units per gross acre. Traffic Circulation Element - Analysis of traffic circulation impacts for consistency with the Traffic Circulation Element (TCE) indicates that site generated traffic will not exceed the Significance Test (5% of the level of service "C' design capacity) on U.S. 41 (Tamiami Trail East) nor lower the level of service below the adopted LOS 'D" standard for this road segment within the project's radius of development influence (RI)l). The Traffic Circulation Element (TCE) lists U.S. 41 as a 4 lane arterial road. The current traffic count for this segment is 30,569 AADT which results in LOS "B". It should be noted that U.S. 41 from Rattlesnake Hammock Road to C.R. 951 is scheduled to be improved to 6 lanes by 1998/1999. Therefore, this project meets the County's concurrency requirement and is consistent with the standards referenced in Policy 1.3, 5.1, and 5.2 ofthe TCE. Open Space Element and Conservation anJt C0~}tal Management - Sixty (60"/0) percent of the subject site will consist of qualifying open space, part of which includes land, which should, unless other~'ise mitigated, be set aside as conservation/preserve areas. The Master Plan has been designed to fulfill the consistency requirements for the Conservation and Coastal Management Elemem. Qther Applicable Elements - Development commitments included in the PUD provides us with the bases to affirm that the PUD Regulatory Document and Master Plan provides a development strategT for the subject site that is consistent with other applicable elements of the GMP. HISTORIC/ARCHAEOLOGICAL IMPACT: StatTs analysis indicates that the petitioner's property is located within an area of historical and archaeological probability as designated on the official Collier County Probability Map. JAN 0 7 1997 Marion M. Almy, president of A.rchaeological Consultants Incorporated (ACI), performed a systematic professional archaeological survey of the subject site. This survey was I~rformed because a portion of the property area lies within an identified archaeological sensitive zone. The survey resulted in the determination that the subject site (gCR?ll) is not I prehistoric archaeological site and no additional research is warranted. In summary, ACI concluded that development of Wt~stler's Cove will have no impact on any significant cultural resource. However, pursuant to Section 2.2.25.8.1 of the LDC, if, during the course of site clea~ng, excavation or other construction activity an historic or archaeological artifact is found, all development within the minimum area necessary to protect the discovery shall be immediately stopped and the Collier County Compliance Services Department contacted. EVAL1JATION FOR ]TqFRASTRUCTURE.; EN%rI'RONMENTAL~ TRANSPORTATION AND The Environmental Impact Statement was reviewed by the EAB on December 6, 1996 and they recommended approval subject to the stipulations contained in the PUD document. The Transportation Department has stipulated :hat the applicant shall be responsible for westbound and eastbound turn lanes; a bike Fath along the entire project frontage; arterial level street lighting at the project entrance; and compensating right-of-way to offset the turn lanes. Tile subject site also has water and sewer availability and provides for on site water management facilities Staff' completed a comprehensive evaluation of this land use petition and the criteria on which a favorable determination must be based. This evaluation is intended to provide an objective, comprehensive overview of the impacts of the proposed land use change, be they positive or neeative, culminating in a staff recommendation based on that comprehensive overview. The lis[ed criteria are specifically noted in Section 2.7.2.5 of the Land Development Code thus requiring staff evaluation and cor:;ment, and :.hall be used as the basis for a recommendation of approval or denial by the Plannit:i: Commission to the Board of County Commissioners. Each of the potential impacts or consider, :!OHS identified during the staff review are listed under each of the criterion noted and are cate?:ized as either pro or con, whichever 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-compliance, or compliance with mitigation. These evaluations are completed as separate documents and are attached to the staff report. Appropriate evaluation of petitions for rezoning should establish a factual basis for supportive action by appointed and elected decision makers. The evaluation by professional staff should typically include an analysis of the petition's relationship to the community's future land use plan, and whether or not a rezoning action would be consistent with the Collier County Growth Management Plan in all of its related elements Other evaluation considerations should include an assessment of adequacy of transportation infrastructure, other infrastructure, and compatibility with adjacent land uses, a consideration usually dealt with as a facet of analyzing the relationship of the rezoning action to the long range plan for future land uses. 4 JAN 0 ? 1~S7 Community Infrastructure and Services - The subject property is readily accessible to a whole ~'ange of community infrastructure which is enhanced by its £rontage on U.S. 41. Shopping centers, business offices and medical offices of vaaious specialties are all within a short driving distance. ~;TAFF RECOMMENDATION; That the Collier County Planning Commission (CCPC) recommend approval of Petition PUD-96- 13, Whistler's Cove pursuant to the Ordinance of Adoption and Exhibits thereto. PP,.EP ARED BY: PRINCIPAL PLANNER REVIEWED BY: ROBERT J. MULHERE, AICP~ ' ' G (AKG. E/R" ' ' -' ~ CURRENT PLANNI'N MAN DONALD W/.ARNOLD, AICP ' DATE PL&N."bTNG SERVICES DEPARfMENT DIRECTOR VINCENT A. CAUTERO, ADMTNISTRATOR DATE C~OMML%'ITY DEV. AND ENVIRONIgfENTAL SVCS. DATE Petition Number PUD-96-13 StaffReport for December 19, 1996 CCPC meeting. NOTE: This Petition has been advertised for the January 7, 1997 BCC meeting COLLiER COUNTY PLANNING COMMISSIO'N: MICHAEL A. DAVIS, CHAIRMAN PUD-96-13 STAFF REPORT/pd JAN 0 7 1997 /Jr-- REZOI~ IrIN'DI~GS PETITION PUD-96-13 Section 2.7.2.5. of the Collier County Land Development Code requires that the report and recommendations of the Planning Commission to the Board of County Commissioners shall show that the Planning Commission has studied and cx)nsidered the proposed change in relation to the following, where applicable: Whether the proposed change will be consistent with the goals, objectives, and policies and Future Land Use map nnd the elements of the Growth Management Plan, Pro/Con: Evaluation not applicable. Summary Findings.' The proposed development is in compliance with the Future Land Use Element of the Grovah Management Plan for Collier County and all other elements, their objectives and policies. Compamon PUD findings evaluation as well as the adopted CCPC staff' report addresses this same finding. 2. The existing land use pattern; Pro/Con: Evaluation not applicable. Existing: The property is zoned "A" Rural Agricultural and is primarily forested and is otherwise vacant. Surrounding: North- East - South - Primarily developed as a single family residential Subdivision, zoned RSF-4 (Naples Manor). Undeveloped "A" Rural Agricultural property, primarily forested. Collier County ob'ns the property and is presently developing the site with effluent storage ponds. Further east is an approved County park. Tamiami Trail (U S. 41) is contiguous to the site. Across the ROW. the property is zoned PUD (Vincentian PUD) a multi- family mixed use development. The site is undeveloped. West -Tamiami Trail (U.S. 41) is contiguous to the site. Across the R.O.W. the property is zoned (C-5) and is primarily developed with storage units, outside storage lots, retail businesses and outdoor recreational uses. Multi-family housing at 10 units per acre is developed at the Tree Top's PUD. AGENDAAT,£M Fie. ~ JAN 0 7 1397 e The possible creation of an isolnted district unrelated to adjacent and nearby districts; pro/(~,on; Evaluation not applicable. ~;ummarv Findines: The parcel is of.a sufficient size that it will not result in an isolated district unrelated to adjacent and nearby districu because development of' the land simply implements a pan of the GM? FLUE 'Urban Designation, an action which is expecled given that timing is appropriate. Availability of adequate infrastructure, nearby urban development, support the timing relatiionship Nd .justify the conversion process of' agricultural to urban residential zoning. Whether existing district boundaries are illogically drawn in relation to existing conditions on the property proposed for change. Pro/Con: Evaluation not applicable. Summary Findjnzs: The district boundaries are logically drawn and they are consistent with the GM.P. Whether changed or changing conditions make the passage of' the proposed amendment necessary. Pro/Con: Evaluation not applicable. Summary Findines: The proposed zoning change is appropriate based on the existing conditions of the property and because its relationship to the FLUE (Future Land Use Element of the GM?) is a positive one. Whether the proposed change will adversely influence living conditions in the neighborhood; Pro: The subject site was evaluated for compatibility within its surrounding area. This analysis supported a finding of compatibility. (i~) The County's land use policy as reflected by the FLUE supports an action to allow urban residential ,development. Con: (i) Urban mixed-use development may not coincide with resident's desire to maintain a natural atmosphere. dAN 0 7 1997 Summary ¥indini~s: The proposed change will not adversely influence living conditions in the neighborhood because the recommend~ development standards and other conditions for approvaJ have been promulgated and designed to ensure the le~-t arnount of adverse impact on adjacent and nearby developments. Whether the proposed change will create or excessively increase traffic congestion or create types of traffic deemed incompatible with surrounding land uses, because of peak volumes or projected types of vehicular traffic, including activity during construction phases of the development, or otherwise affect public safety. ,Pro: Development of the subject property is consistent with provisions of the Traffic Element of the G,M~, therefore traffic intensity should not adversely affect the comfort and safety of'existing users on adjacent public roads. (ii) Urban intensification is cost effective. Con: As urban intensification increases, there is some loss of com£ort and eas~ of travel to the motoring public. However. by law this degree ofdiscomfor~ is regulated by concurrency requirements. Summnrw Findings: Evaluation of this project took into account the requirement for consistency with Policy 5.1 and .5.2 of the Traffic Element of the GNfP and was found consistent, a statement advising that this project when developed w~ll not excessively increase traffic congestion. Additionally certain traffic management system improvements are required as a condition of approval (i.e. turn lanes, traffic signals, dedications, etc.). In the final analysis all projects are subject to the Concurrency Management system. Whether the proposed change will create a drainage problem; Pro: (i) Road improvements precipitated by this development and water management improvements to accommodate site development are designed to accommodate the normal drainage requirement. Con: (i) Urban intensification potentially can heighten the occasion for area-wide flooding under the more severe rainfall event. Summary Findin£s: Every project approved in Collier County involving the ut;li:,ation of land for some land use activity is scrutinized and required to mitigate all sub-surface drainage generated by developmental activities as a condition of approval. This project was reviewed for drainage relationships and design and construction plans are required to meet Coun:y standards as a condition of approval. In the event area wide deficiencies develop, which deficiencies would be further exacerbated by developing County is required to react through its Concurrency Management system. 3 JAN 0 ? 1997 10. 11. 12. Whether the proposed change will seriously reduce light and air to adjacent Pro/Con: Evaluation not applicable. Summary Findinf~s: .MI projects in Collier County are subject to the development ~tandards that are unique to the zoning district in which it is located. These development standards and others apply generally and equally to all zoning disiricts (i.e. open space requirement, corridor management provisions, etc.) were designed to ensure that light penetration and circulation of' air does not adversely affect adjacent areas. Whether the proposed change will adversely affect property values in the adjacent area; Pro: (i) Urban intensification typically increases the value of' adjacent vacant or underutilized land. Con~ There is no way to guarantee that this project will be marketed in a manner comparable or complimentary to development in the nearby neighborhoods. Summary' Findinzs.' This is a subjective determination based upon anticipated results which may be internal or external to the subject property that can affect property values. Property valuation is affected by a host of factors including zoning, however zoning by itself may or may not affect values, since value determination by law is driven by market value. The mere fact that a property is given a new zoning designation may or may not affect value. Whether the proposed change will be a deterrent to the improvement or development of adjacent property, in accordance with existing regulations; .Pro/Con: Evaluation not applicable. Summa~' Findines: The basic premise underlying all of the development standards in the zoning division of the Land Development Code is that their sound application when combined v.'ith the administrative site development plan approval process, gives reasonable assurance that a change in zoning will not result in a deterrence to improvement or development of adjacent property. Whether the proposed change will constitute a grant of special privilege to an individual owner as contrasting with the public welfare; Pro/Con: Evaluation not applicable. NO. ~ ,JAN 0 ? ~997 Pro/Con: Evaluation not applicable. $~smmary Findings: The proposed development complies with the Growth Management Plan, a public policy statement supporting zoning actions when they are consistent with said Comprehensive Plan, In light of this fact the proposed change doea not constitute a grant of special privilege. Consistency with the FLUE is further determined to be a public welfare relationship because actions consistent with plans are in the public interest. 13. Whether there are substantial reasons why the property cannot be used in accordance with existing zoning; Pro/Qon: Evaluation not applicable. Summary Findings: The subject property is zoned Rural Agricultural "A". To deny this petition would deprive the owner of a reasonable use of' the property which would be consistent with the GMP. 14. Whether the change suggested is out of scale with the needs of the neighborhood or the County; Pro/Con: Evaluation not applicable. 15. Summary Find_iaea: The proposed development complies with the Growth Management Plan, a policy statement which has evaluated the scale, density and intensity of land uses deemed to be acceptable for this site. Whether is it impossible to find other adequate sites in the County for the proposed use in districts already permitting such use. Pro/Con: Evaluation not applicable. Summary Findings: This site is zoned 'A' Rural Agricultural. Whether or not there are other similarly zoned residential areas is irrelevant. 16. The physical characteristics of the property and the degree of site alteration which would be required to make the property usable for any of the range of potential uses under the proposed zoning classification. Pro/Con: Evaluation not applicable. Summary Findln~s: The site will be altered to the extent necessary to execute the development strategy. 5 I ...... I ....... I IIIII II II 1'7. The impact of development on the availability of adequate public facilities and services consistent with the levels of service adopted in the Collier County Growth Management Plan and as defined ~md implemented through the Collier County Adequate Public Facilities Ordinance, as amended. [~r,o/Con: Evaluation not applicable. Summa~ Findings: Staff reviews for adequacy of' public services and levels of' sep~ice determined that required infi'astmcture meets with GMP established relationships. NOTE: _~, as used herein means the Collier County Growth Management Plan. FLUE means the Future Land Use Element of.the GMP. REZONE FINDINGS PUD-96-13/pd JAN 0 7 1997 FINDINGS FOR PUD PUD-96-13 WHISTLER'S COVE Section 2.7.3.2.5 of the Collier County Land Development Code requires the Planning Commission to make a finding as to the PUD Master Plans' compliance with the following criteria: The suitability of the area for the type and pattern of development proposed in relation to physical characteristics of the land, surrounding areas, traffic and access, drainage, sewer, water, and other utilities. Pro: (i) Intensifying land development patterns produces economics of scale relative to public utilities, facilities and services, which are currently available in this area. (ii) The extent that location choice is enhanced for residential environments within the urban area reduces the push on urban sprawl. The subject property is served by a network of arterial roads, all of which are well within the urbanized area providing easy access to a host of community services facilities. (iv) Comprehensive multi-disciplined analysis supports the suitability of the land for the uses proposed. Con: None Finding: Jurisdictional reviews by County staff support the manner and pattern of development proposed for the subject property. Development conditions contained in the PUD document give assurance that all infrastructure will be developed and be consistent with County regulations. Any inadequacies which require supplementing the PUD document will be recommended to the Board of County Commissioners as conditions of approval by staff. Recommended mitigation measures will assure compliance with Level of Service relationships as prescribed by the Growth Management Plan. Adequacy of evidence of unified control and suitability of any proposed agreements, contract, or other instruments, or fi)r amendments in those proposed, particularly as they may relate to arrangements or provisions to be made for the continuing operation and maintenance of such areas and facilities that are not to be provided or maintained at public expense. AGEI~D~J,TJ[~. NO. ~ dAN 0 7 1997 Pro/Con: Evaluation not applicmble. Findim~: Documents submitted with the application provide evidence of'unified control. The PUD document makes appropriate provisions for continuing operation and maintenance of common areas. Conformity of the proposed Planned Unit Development with the goal& objectives and policies of the Growth Management PLan. pro: (i) The development strategy for the subject properly is entirely consistent with the goals, objectives and policies of the Growth Management Plan. Con: (i) None F'indine: The subject petition has been found consistent with the goals, objectives and policies of the Growth Management Plan. A more detailed description of this conformity is addressed in the StaffReport. Additional Fin, dine: The subject property is designated Urban Mixed Use - Urban Re.~idential on the FLUE to the GMP. As such it supports zoning actions aimed at allowing the land to be used for urban residential purposes at the density proposed. This petition has been reviewed by the appropriate staff for compliance with the applicable elements of the Growth Management Plan, as noted below: FtJtt)re Land Use EI.emcnt - Consistency with FLUE requiremen, ts is further descnq:)ed as follows: Residential Density - Approval would authorize two hundred and fifty (250) dwelling units whose density would be 10.0 dwelling units per acre. This is consistent with the density rating system to the FLUE, when accounting for an affordable housing density bonus of seven (7) dwelling units per acre. Land Use - The urban residential subdistrict allows all residential structure types and associated accessory uses. The PUD document is consistent with land uses otherwise authorized by the FLUE. Traffic Circulation Element - Analysis of traffic circulation impacts for consistency with the Traffic Circulation Element (TCE) indicates that site generated traffic will not exceed the Significance Test (5% or' the Level of Service "C" design capacity) on U.S. 41 (Tamiami Trail East) nor lower the level of service below the adopted LOS "D" standard for this road segment within the project's radius of development influence ('RI:~I). 2 JAN 0 7 1997 Recreation and Open Space Elerncrlt - Approximately sixty (60) percent of the site area is to be developed as open space. This area is exclusive of the amount of' open space that remains as each development parcel or tract or lot is developed. The combined area should be in excess of sixty (60) percent of the site area as required by the LDC. Other apDlicable Element (s~ - By virtue of development commitments, master plan development strategy, staff is of the opinion that the Whistler's Cove PUD is entirely consistent with provisions of the Collier County GMP. Staff' review indicates that this petition has been designed to account for the necessary relationships dictated by the GM?. Where appropriate, stipulations have been generated to ensure consistency with the GM? during the permitting process. Therefore, this petition has been deemed to be consistent with the C. rrowah Management Plan. The internal and external compatibility of proposed uses, which conditions may include restrictions on location of improvements, restrictions on design, and buffering and screening requirements. Pro/Con: Evaluation not applicable. Finding: The PUD Master Plan has been designed to optimize internal land use relationship through the use of various forms of open space separation. External relationships are automatically regulated by the Land Development Code to assure harmonious relationships between projects. The adequacy of usable open space areas in existence and as proposed to serve the development. Pro/Con: Evaluation not applicable. Finding: The amount of open space set aside by this project is greater than the provisions of the Land Development Code. The timing or sequence of development for the purpose of assuring the adequacy of available improvements and facilities, both public and private. Pro/Con: Evaluation not applicable. Findine: Timing or sequence of development in light of concurrency requirements is not a significant problem. See finding No. 1, also applicable for this finding. NO. ~ JAN 0 7 1997 The ability of the subject property and of surrounding areas to accommodate expansion. ~>ro/Con: Evaluation not applicable. .Findln~: Ability, as applied in this context, implie~ supporting infrastructure such as wastewater disposal system, potable water supplies, characteristics of. the property relative to hazards, md capacity of roads, is supportive of' conditions onanating bom urban development. This assessment is described at length in the staff r~ort adopted by the CCPC. Relative to this petition, development of' the subject property is timely, bo:ause supporting infrastructure is available. Conformity with PUD regulations, or as to desirable modifications o1' such regulations in the particular case, based on determination that such modifications are justified as meeting public purposes to a degree at least equivalent to literal application of such regulations,. Pro/Con: Evaluation not applicable. ¥indin[: This finding essentially requires an evaluation of the extent to which development standards proposed for this PUD depart fi.om development stzndards that would be required for the most similar conventional zoning district. The development standards in this PUD are similar to those standards used for particular housing structures and associated area requirements. FINDINGS FOR PUD-96-13/pd JAN 0 7 1997 BUTLER engineering, October 8, 1996 inc. Collier Board of County Commissioners 3301 East Tamiami Trail Naples, FL 33962 RE: WHISTLER'S COVE P.U.D. Section 32, Township 50 S, Range 26 E Collier County, Florida Dear Sirs: Enclosed please find the required engineering support information relevant to the rezone of the above referenced project. The total site area is 24.0 acres and is located within the C4 Canal Drainage Basin. Although site inspections with the Army Corps of Engineers (ACOE) or South Florida Water Management District (SFWMD) staff have not been conducted as of this date, it is anticipated that approximately 85% of the property will be claimed as jurisdictional wetlands by both ACOE & SFWMD. The proposed rezone plan carls for the preservation and enhancement of six (6) acres of these existing wetland areas. Natural on-site topography ranges from 4.8' NGVD to 5.8' NGVD On-site stormwater within the developed area is routed (i.e. piped) to the central water management lake for the required 1" water quality pre-treatment. A berm around the perimeter of the site (including the wetlands) is proposed and will be set at the 25 year - 3 day storm stage. A water quality weir interconnected between the lake and wetlands will allow bleeddown to the 5.5' NGVD cont. rol elevation following storm events. Another weir interconnected bet~veen the wetland and the U.S. 41 canal will be designed for attenuation of the 25-year - 3 day storm and will also allow bleeddown of the system following that event.. Please review the attached information. If you have any questions, or need any additional information, please do not hesitate to call. Sincerely, BU..T~L~ER/NG, INC. 2223 TRADE CENTER WAY · NAPLES, FLORIDA 33942 - 941-566-3636 / FA)( JAN 0 ? 997 941-566-1327 I, ~O~..~ I[ "~, G~ 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. understand this application must be completed and accurate before a hearing can be advertised. I further permit //~,~ /~/~.'~n (AGENT' S to act as my representative~in any matters regarding this petition. SIGNATURE OF OWNER State of Florida County of Collier The foregoing_Agreement Sheet was acknowledged before me this ~t'.~-' day of .)[a',%~ , 199&__ by '(~./.~.~ II ~' ~,~CL' , %~ho is personally known to me or who has produced ~Jc~ as identification and who did (did not) take an oath. (Signature of Notary Publi~) ~ NOTARY PUBLIC Commission # My Commission Expires: -1- JAN 0 ? LIST OF PROFESS ION~a~LS WORKING ON PLrD I~ZONINDG~¥'~''g($' -SCm'~;C~' R. Bruce A~derson, P.A., Young, van A~senderp & Varnadoe, P.A., 801 Laurel Oak Drive, Suite 300, Naples, FL 34108 Phone # 597-2814 Fax # 597-1060 Cindy Prine-Butler, Prine Environmental, 2223 Trade Center Way, Naples, FL 34109 Phone 597-2662 Fax #566-1327 Tony Trigo, PLS, Trigo & Associates (Surveyors), 2223 Trade Center Way, Naples, FL 34109 Phone # 594-8448 Fax # 594-0554 Michael J. Landy, P.E., Butler Engineering, Inc., 2223 Trade Center Way, Naples, FL 34109 Phone # 566-3636 Fax # 566-1327 William L. Hoover, AICP, Hoover Planning Shopppe, 2223 Trade Center Way, Naples, FL 34109 Phone # 594-8262 Fax # 566-1327 JAN 0 7 ~997 I .,. ~7 : RE: NOTARIZED LETTER OF AUTHORIZATION Proposed PUD Rezoning and Affordable Housing Project Located on the North Side of U.S. 41 East, at the Intersection Between U.S. 41 Easi and Southwest Blvd., in Sec. 32, Twp. 50, Rng. 26, Collier County, Florida To Whom It May Concern: Please be advised that Butler Engineering, Inc. of 2223 Trade Center Way, Naples, FL 33942 and the Hoover Planning Shoppe of 2223 Trade Center Way, Naples, Florida 33942 have been officially engaged by the under-signed property owner(s) to act as authorized agents and to request necessary applications during the PUD Rezoning petition, Site Development Plan, and related developmental/permitting processes for the subject project. Sinc?_~_,rely, .~~(~ Sic,nature Printed Name~tle Signature Printed Name/Title STATE OF FLORIDA COUNTY OF (".; I1,~.,- The foreg..going personally instrument was acknowledged before me this .~4-~--- day of 1996 by .k"¢:.,!,~t~.,* ¢1 ~. 6¢ S'~ who is known~ to me or has produced ~ ;....q-, as identification and who did (did not) take an oath. Notary Public, State of Florida'J My Commission Expires: "OFFICIAL SEAL" Delx~ L Goge~17 Commission Expires 10(11/97 Commission #CC 322~,? JAN 0 ? i997 AMATO, ANDERSON & ~ICK~t., P.A. ATTORN£Y$ AT LAW I) R. Bruce .~derson. Esq. 801 Lam'el O~ Drive Suite 300 P.O. Box 7907 Naples. Florida 34101-7907 Re; Puehhas Trust Properl3' sale to G&G Development Corp. De~ Mr..Anderson: As per your request, enclosed please find the fully executed original Authorization for rezoning on the Im~d tha~ is under conls-act l:.e~'een the above-referenced parties. Thank you for your attention to the above, I remai, m Very truly yo~s, Legnl Assist,ant NICKEL & WEBER Enclosttre JAN 0 ? 1~97 5~ I SZ'? P. 02 xO2 We, Diane M. McAlear and Kurt P. Puchhas, being duly sworn, depose and say that we are co-trustees of the Puchhas Land Trust which is the owner of the property described hereinafter and which is the subject matter of a proposed rezoning: All that part of Section Z20 Township 50 South, Range 26 East, lying North and East of the Tamiami Trail (U.S. Highway 41), Collier County, Florida, LESS ~5~ EXCEPT a parcel described as follows: Beginning at the intersection of the North line of said Section 32 with the Northeasterly right-of-way line of the Tamiami Trail (U.S. Highway 41), run North 89:57'30" East 188.80 feet along the said North line of Section 32; thence South 58o18'30'' West 147.09 feet to the said right-of-way line; thence North 39o31'30" Wes~ 100.00 feet along said righ[-of-way line to the point of beginning. We authorize G & G Development Corporation and their authorized officers and agents to file for rezcning cf the above described property for an affordable housing planned unit development and to take such other action as may be recuired, by Collier County o~ o~h~__' ~ governmental agencies in connection with said rezcning application. ,~ PUCH/-iAS LAND TRUST .; Diane M. McAlear Co-Trustee /Ku.t ~. Puchhas, Co-Trustee ,-'! STATE OF ~ = COCrNTY CF ~;'%/- _~-,The -'oregcing instrument was acknow!edced b~fore me this ~3 day of ~-~, lOC · . - - . ~ ~,~,, ~ , .,6, by Diane M.xM~!ear, as Co-T~s~ee of the Puchhas La~d T. US., a~d who did (did ~ot) ta/~ oath. __ Cc~missi~z ~o. My Commission E~ires: Personally ~o< ~' OR T}~e of Identification Pr~uced _v_T, he foregoing instrument was acknowledged before me this ,z~~ day of ~. , 1996, by Kurt P. Puchhas, as Co-Trustee of the-Puchhas Land Trust, and who did (did not) ta/.k6~n oath. t;/...- A '-..~ ~f~.~l~9~ {[ $~3ma~ure o'. No~a~'~.. -, ~lic Co~ssion N.?. Ny eo~Lssion E~ires: JAN 0 7 1997 ~ezonings, PUD s, Site Pl~ning~ Affor~ble Hsg., Traffic I~ ~'~ Jul)' 30, 1996 Mr. Bryan l~filk Current Planning 2800 N. Horseshoe Drive Naples, FL 34102 Initial Submittal of the Whistler's Cove PUD and Affordable Housing Density Bonus Applications in Sec. 32, Twp. 50S, Rng 26E, of Collier County, Florida Dear Mr Milk: The subject 24.00 acre property is located on the northern fide of Tamiami Trail Ea.n, where it intersects with Southwest Blvd. (~e attached a~ial exhibit). This is approximately 3 miles southeast of the interaction bev, veen Tamiami Trail Eas~ and Rattlesnake Hammock Road Access to the site would be off of Ta. rniami Trail East where there is a full median cut at the intersection w'kh Southwest Blvd. Currently the site is undeveloped Agricultural land and the entire project is proposed for 240 rental apartments, via a joint PUD Rezoning application and Affordable Housing Density Bonus (Al-DB) Application. The property is located within the Urban Residential District which permits up to 4 units/acre and also within the Traffic Congestion Area which causes 1 unit/acre to be subtracted. Since the AHDB permits up to 8 units/acre the maximum density is 11 units/acre. We are proposing a density of 10 units/acre for a project that would have 100% of the units designated as Affordable Housing Units. The project is intended for 40 one bedroom units, 144 two bedroom units, and 56 three bedroom units. The normal amenities for this size ofap~ment co~nplex will be provided including a minimum of: a swimming pool, clubhouse with indoor recreation facilities, tot lot, volleyball and/or basketball court, and coN-operated laundromat. Important to any rezoning project is a thorough review of surrounding densities and land uses, to ensure that the proposed project is compatible and not out of character. To the northwest and adjacent to U.S. 41 is C-4 Zoning consisting of. a hair talon, lounge, bait and tackle shop, and motel. To the rear of this commercial zoning and adjacent to our northern PUD boundary is the Naples Manor Subdivision, at a density of about 5 units/acre. To the northeast and only adjacent to the subject project at its very northeast point is the Lely Resort PUD. This portion of the Lely Resort PUD is undeveloped but approved for both single-family and multi-family land uses. Abutting to the east are the Collier County Utility DMsion's sewage effluent storage ponds, which are currently under 2223 Trade Center Wa.}', Naples, Florida 33942 Phone 941-594-8262 Fax. 94] s6 .,J 0 7 1997 ,,..al Mi'. Bryan Milk July 30, 1996 Page 2 construction. Just east of these effluent storage ponds is a new County park, intended to be constructed within the next several years. To the southeast, and across U.S. 41 East, is a lift station, the Hitching Post Plaza retail center, and the Hitcking Post MobUe Home Park which has mobile homes at about 9 - 10 units/acre. To the ~outh is the V'mcentian Residence PUD. This 12 year old PUD is unimproved Ixa has a church and school approved adjacent to U.S. 41 East and multi-family units at 3 units/acre for the remaining area of the PUD. The Trail Acres Subdivision is located behind that PUD and has single- family homes and vacant lots at a density of 4 - 5 units acre. To the southwest and located at the intersection between Southwest Blvd. and Tan'da. mi Trail East is the Ace Market (a convenience store with gasoline pumps). Also, within this C-5 Zoning District is a self storage facility, tool and die shop, large outdoor boat storage facility, and another self- storage building. Behind this C-5 Zoning District is more of the Trail Acres Subdivision, where the density is closer to 4 units/acre (lots in this sulxtivision are typically 50' x 150' but more homes in this portion are developed on 2 lots). Across U.S. 41 East and nearby the most western portion of the subject site, is a C-3 Zoned area which has a restaurant and child care center. Adjacent to this is a go kart track which is developed on part of the commercial portion of the Tree Tops PUD. The residential portion of the Tree Tops PUD is developed for condominiums at 12 units/acre. Several site planning techniques were utUized to minimize the impacts from the more intense surrounding land uses onto the subject project and to limit our impacts onto less intense neighboring land uses and for motorists traveling this stretch of Tamiami Trail East. Essentially, our strategy can be seen on the attached "Possible Conceptual Plan", and includes: 1) To stay back from our northern buffer where we abut the Naples Manor Subdivision and the undeveloped portion of the Lely Resort PUD, by providing a minirnum) 60 foot setback from our Northern PUD Boundary. A 5-acre Natural Habitat Preserve Area is also located here and assists in creating an outstanding buffer. 2) To provide an aesthetic appearance along Tarnlami Trail East, by setting I and 2 story buildings back a minimum of 80 feet and 3 story buildings a rrJs~num of 200 feet from the ROW. Additionally, by locating a Natural Habitat Preserve Area along both the northern and southern sides of our centrally developed area, motorists traveling from either direction along Tamiami Trail will first view about 300 feet of our preserve area. 3) Any 3 story buildings along the Eastern PUD Boundary would be setback double the minimum distance of the 1 and :2 story buildings (from 40 feet to 80 feet). 4) A common architectural theme with light pastel colors has been pledged for all buildings, signs, fences/walls, and visible architectural infrastructure. JAN 0 7 1997 Mr. Bryan Milk July 30, 1996 Page 3 Based on the land uses and densities in the vicinity of the proposed project and the planning techniques utilized to increase our compatibility, I can easily say as a professional land use planner, that the subject project will be compa'ta'ble with and an asse~ for this neighborhood. If County staff has any suggestions on improving this project feel welcome to contact Sincerely, HOOVER PLANNING SHOPPE William L Hoover, AICP JAN 0 7 1997 co,.,.,,:, RECEIVED A?I:'LICATION FOR PI)I) REZON£ PETIT]ONNO. P U D 9 6 - COO~F~ATr~G PLA-N~,'.'%~_;I ~)~,l~- DATE RECEIVED Applicant 'Name (Agent): William L. Hoover. AICP. of H~ver p!~ning Shop~ Address: 2223 Tra~e Center W~,y. Na_oles. FL 34109 Phone:~94-$202 Fax: ;566-1327 Property Owner (Petitioner) Name and Address: ~,ock'well T. Gust. Jr.. Pres~dcm. of G & G Development Corporation, P O BOX $,16. Navies. FL 3410;~ Phone 262-4488 Fax' 262-4845 Detailed Legal Description of Subject Property:. Section 32 Township ,505 Range 2~F~ .See attached Append;.x A, Pro?e,'-ty Identification = 004 398 4000,$ Size of Property 1473' x 1320' x 18707.,(triangular-shaped) = 24.00 Acre~ General Location of Subject Property The North side of Tarniomi Trail East at the Intersection with ~outhwest Blvd Adjacent Zoning and Land Use. ZONING N - C-4 & RSF-4 & Lely Resort pi.rD .. S - US 41 ROW, C-3,Vincentian Res pi,rD & M]-.I & RSF-4 E - Agricultural W- US. 41 ROW, C-5, ~-3 & PUD RSF-4 LAND USE Commercial and S/F and M/F Lift Station, Retail Center,Approved Church. School & M/F, MHP, S/F l[.ffiuent Storage & Pr0po,ed Park Ace Mart w/Oa~;, Self Storage, Boat Storage. Rest.. Child Care, G0 Kart Track, M/F PUD & Trail Acres S/F Existing Zoning: Agricultural Proposed Land Use or Range of Uses: PUD in coniunmion with an Affordable Housing Density Bonus Application for 240 multi-family Affordable Housing Rental Apartments JAN 0 ? 1997 Does Proper~y Owner own contiguous property to the subject prol:~: complete legal description of the entire contiguous properly: Has a public hearing for a rezone been held on this property within the past 12 months? If yes, please write the rezone application number. Is this property currently vacant? Yes If the answer is no please describe the current land use and all existing structures. Signature of Petitioner Date * If' petitioner is a corporation other than a public corporations, so indicate and name officers and major stockholders. * If petitioner is a land trust, so indicate and name beneficiaries. * If petitioner is a partnership, limited partnership or other business entitiy, so indicate and name principals. * If petitioner is a leasee, attach cbpy of lease, and indicate actual owners if not indicated on the lease. * If petitioner is a contract purchaser, attach copy of contract, and indicate actual owner's name and address. G & G Development Corporation (a Florida Corp.) 1183 Eighth Street S. Naples, FL 34102 Rockwell '~ Gust, Jr., President Joan W. Gust, Secretary/Treasurer P.O. Box 846 Naples, FL 34102 Thomas N. Gleason, Vice President 821 W. Lill Avenue Chicago, IL 60614 See attached purchase contract. JAN Appendix A LEGAL DESCRIPTION The subject property being 24.00 acres, and located in Section 32, Township 50 South, and Range 26 East, is described as: All that part of Section 32, Towr~ship 50 South, Range 26 East, lying North and East of the Tamiami Trail (U.S, Highway 41), Collier County, Florida, LESS AND EXCEPT a parcel described as follows: Beginning at the intersection of the North line of said Section 32 with the Northeasterly right-of-way line of the Tamiami Trail (U.S. Highway 41), run North 89°57'30" East 188.80 feet along the said North line of Section 32; thence South 58018'30" West 147.09 feet to the said right.of-way line; thence North 39°31'30" West 100.00 feet along said dght..of-way line to the point of beginning. JAN 0 ? 997 SALES CO~RACT (NOT FOR CON~MINIUMS) ~ ~. Diane M, Mc;,lea= ina ~urt P, Puchhas SgLLER ~o-Trus~ee~ o~ Puchha= ~and Tru~[~ C ~ G Oevelopmen~ Coroora~ UPON ~E ACCEPT~CE OF TH{ OFFER {~ ~ER~RI ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ THE TERMS ~OC~DITIONS~ICHFO~OW.~e~e~I~~M' The Zeg~[ description on the ~ttac~e~ Addendum ts tncot~otate~ by te~eteace 1. PURCHASE PRICE. T~e total purchase ~ ~ ~ ............ (U.S.) ~yID~O Is fOllOwS: f ............ vtth~n ~tve (51 bus[ness el a~rc~i~atety [See Par 3(~)} ~s~r's ChO:~ at c:os~flg.s~i~l to a~s ~ ~M, ~ ~ 2 CLOS;NG AND PCSSESSICN DATE: C~ ~ ~ al I ~ ~ ~ ~ ~ ~ ~. m ~ ~r~ e ~ ~ ~ e ti~ ~cn;a ;e CO~.~, ~lr, t. Y B~l~ 131S tO C~e ~ ~ ~,.,~ ~ ~ ~b$ __ to latin,nile I~e C~qt/iCl ~ ~t,lcat,on 10 Buye~ ~ ~ ~ ~ d~ ~ i~ual ~:e~is; ~o cf %. a~mzia over __ y~. ~ ~ ~ ~: ( Nme I~ P~.o~a;e wdl ~e~ contain let~ ~ ~ ~{ ~8 ~ So~lr's l~a[ yea. of c~sing ~ ~,tte~ wi~ ~'s ~ ~ ~ ASSUMPT:ON O~ EX~ST;NG MORTGAGE ~ 10 ~ a~ ~ E~ ~, geese, Senmng fern Ihs ~;agee's name, a~ar~, ~fl ~on~a~ ~r. ~ ~, ~ke apple,:ion f~ ~l assu~J~n Gt ~e extSt~ ~ng~. I ~ ~ge ~ I ~ ~ aelUSlO: at closmg. IF NO BOX IS CHECKED. (a) ~ BE ~E~D TO ~Y. 4. EVIDENCE OF ~TL[: ~th ~e;al ac:ou subjKt cn~ ~ ~ to,o~; a~ ~ e~ (a) real ~ and easeme~,:s com~ofl 1o me su~d,v,s~ofl. ~ ~0, ~t ~ ~ ~ ~m ~ ~u[~fa~ly.resLden:za~ aztot~ab[e housing. 5. I~ST~UCTIONS FOR TITL[' 6. CONDITION OF PROPERS. RISK Og L~. W~ES: ~o ue pro=e~ whc~ are not rea~dy ~se~ablo by B~ ~ ~e ~ ~ ~ 10 ~ O~ s~lt e~Ceo~ ,tS lilt marko~ value at clotiRg. ~ ~ ~ ~, ~ ~, ~o ~ C~ I~a *n g~i~e, ldo Or ~,o fl~rs. D~e~ excepted. ,~ ~ ~t J~dOd tO ~e fawn, ff a'f ::~.:~ C~ ~,S roa~ ='0.~e.~y his Jea~ I~C ~ I~e Cols~ ~ss~=.,~ ot agp.i~ In any D,KIIC,~O when kt,gat~ f~ ae~s: ~a~ ts net ~livec wi~mn ~ ~a~ I*ll~ Iii ~l gale. ne;I,;en:e An o~oweo noI c~,arg,ng In .~r~ f~ ~ ~l p~Cmplly cOmmunci~l ~i Same 10 B~e' m wr~ a~ 17. FOqE;GN INVESTME~ IN ~L P~OPER~ T~ ~ [F~A~ ' ant any v,s,Cle ~ama . ca~e~ ff the ~SDICt~n r.~~~ E~C~ PA~ ~K~O~DG[S T~T PRIOR TO ~ P~ ~S ~EE~ ADVISED BY THE REAL ESTATE ~T PARk'S I~EREST IN C~NEC~ ~ ~ A~VISED TO CCNS~T ~ APPROPRIATE PROFE~ S~E~I~ZED ADVICE. 20 TiME OF PERFORMANCE ANC, REMEDIES, 2 t LIT~GATiO~ COSTS ~D A~ORNE~S to ~=~e, roas~o a~mM~s Ioos an~ cos~.FEE~ 22 ~DON GAS DISCLOSURE I ENERGy [F~ ~; tl~lC~vl ~lt t~ll w~efl ~ his ICCU~tlI/I~ ~ I ~ te s:,n~ m4y ~e o~l~e~ Ir~ ~ c~ ~ 24 PEn~OO OK OFFER AND E~rt CTIVE DA~ BUYER ~'?/S,/")~. Puc,hhas Land Trus~ / P~ch~as ~nd ~:usC , ~a~-26-:~e~ "~ ' ~" s~n sY:,',. ,~ ~.~.. ~, RECEIPT .~.DDEI~'DU~! TO SALES CONT~.CT B ETW£ EN: Diane M. McAlear and Xurt F. Puchhss, Co-Trustees o! Puchkas Land Truss ('Seller") and G & G Development Corpora:ten ("Buyer"). FOR PURCHASE OF THE FOLLOWING DESCRI~£D RF. AL PROP£KTY= All that par= of Section 32, Townshi~ 50 South, ~.ange 26 East, lying North and East of the Tamiami Trail (U.S. Highway 41), Collier County. Flotilla, LESS AN~ EXCEPT a parcel described as follows: Beginning at the intersection of the North line of said Section 32 with the Northeasterly right-of-way line of the Tamiami Trail {U.S. Highway ¢1), run North 89'57'30- East 188.80 feet along the said North line of Section ]2; thence $¢uth 58'18'30" West 147.09 fee% to the said right-of-way line; thence North 39'31'30' west 100.00 feet along said rlgh%-of-way line to the point of beginning. This Addendu~ is executed by Seller and Buyer to supplemen: the Sales Con:tact as aforestated. No:withstanding the printe~ cr t~Ted Buyer shall have One ~ndred ~en=y ~0) days from deem desirable to de=e~ine if the Real Prcper:y is suitable for i~s intende~ 9u~ose (the "Inspect!on Period"}. ~uyer de=ermines the Real ~roper:y is ~nsui=able wi:kin Inspec=ion Period, the ~uyer's de~osi=s(G) shall be ZC Buyer and neither par:y shall have any fur:h~r obliga%~cn u~s~f~able, i~ shall ~ro~i~e Seller wi~h a~y ~opi~s ~f any b. Con:latency ~e-~od A~ :.~.conclusion of ~he Znspec:ion Per~<'~uve- s~a'~ ~ ceveaopmen: and financing parzner ~ffna~-and a mulzifami!y affordable housing developmen= az a densi:y !I uni=~ per gross acre on ~he Real Proper=y, and =o ap~ly for and receive a11 necessa~ final governmental approvals, including but no= l~mited %o, rezonlng and final site deveioDmen% plan approval for ~uyer =o finance and cons=~c: a multifam!ly affordabXe housin~ development a= a density cf eleven [11) units Der ~css acre on the Real Prcper~y (the "Contingency Period"). If Buyer is unable to ~ecure the afore-referenced partner and gowe~men:a! approvals within the Con=ingency Perf~, Seller or Buyer may elect to terminate the Sales ~ntact and ~uyer's ~eposits shall returned to Buyer. ClUing on the Sales Contract shall occur within sixty (~ ~ys of Buyer havin~ secured afore-referenced pa~ner and ~overnmental approvals. Escrow Agent. Interes~ on de~si~s shall be paid credited to Buyer unless Buyer defaults. d. Buyer, and its agents, employees, and other representatives shall have the right to enter upon the Real Prop~r~y at al! reasonakle times prior to the closing for the purposes of inspecting the Real Property and conducting, at Buyer's sole cost and expense, such tests, studies and examinations as 1of 2 AG£NDAIT&M. No. ~ JAN 0 2 1BB7 Concinganc7 tarlod, and to axecuca any and ·11 such conven£enc Ln connecc~on vlth the %nspecc£on &nd Cont/nge~c¥/ and w~th Juya~l ~canded Ule e~ the Property. t~nsacc£onal ~ro~er and shall ~ece~¥e &.~.',-:~ 7:~::~: comm£se~on payable by Selle~ ~rom the proceeds c~os~ng. Pres~denc 2. 2o~2 ,JAN 0 ? 1997 1. NAME: 2. ADDRESS: Utility Provisions for Conditional Uses and Rezones REC , ED 3. LEGAL DESCRIPTION: 4. TYPE OF SEWEGE DISPOSAL TO BE PROVIDED (Check applicable system): A. COUNTY SYSTEM ~¢cr,1 (.~0~-~.,51... /..~-.'~rD B. CITY SYSTEM C. FRINCHISED SYSTEM N~E: D. PACKAGE TREATMENT PLANT CAPACITY (GPD) E. SEPTIC SYSTEM 5. TYPE OF WATER SERVICE TO BE PROVIDED (check applicable system): B. C. D. COUNTY SYSTEM CITY SYSTEM Ci~ FRINCHISED SYSTEM PRIVATE SYSTEM NAME: 6. TOTAL POPULJ~TION TO BE SERVED: 7. PEAK AND AVER~,GE DAILY DEN~NDES: 1. WATER-PEAK I~L~.-) ~,'1 AVERAGE DAILY 2. SEWER-'PEAK I.~.'7 Ca',~' AVERAGE DAILY 8. IF PROPOSIN~ TO CONNECT TO COLLIER COUNTY REGIONAL WATER SYSTEM, DATE SERVICE EXPECTED TO BE REQUIRED: 9. Provide a brief and concise narrative and schematic drawing of the sewage treatment process to be used as well as a specific 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. -1- AG[NDA ITEM No. ~ JAN 0 7 1397 10. A statement, in writing, signed by the o~ner 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 and sewer systems. APPROVER: COMM. ENTS: FOR OFFICIAL USE ONLY DENIED: UTILITIES ADMINISTRATOR -2- JAN 0 7 1997m' ? 9 10 23 24 27 29 3O 31 33 34 ORDINANCE NO. 97- AN ORDINANCE AMENDING ORDINANCE NUMBER 91-102 THE COLLIER COUNTY LAND DEVELOPMENT CODE WHICH INCLUDES THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED ARF. A OF COLLIER COUN?Y, FLOR/DA BY AMENDING THE OFFICIAL ZONING ATLAS MAP NUMBER 0632N; BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPtiRTY FROM "A" TO "PUD" PLANNED UNIT DEVELOPKENT KNOWN AS WHISTL~iR'S COVE PUD FOR 240 AFFORDABLE HOUSING U}IITS ON 24 ACRZS, INCLUDING A SWIMMING POOL, CLUBHOUSE, TOT LOT, VOLLEYBALL AND/OR BASKETBALL COURT AND COIN-OPERATED LAUNDROMAT FOR PROPERTY LOCATED ON T]~E NORTH SIDE OF TAMIAM1 TRAIL EAST AT THE IN~fERSECTION WITH SOU/7~WEST BOULEVARD IN SECTION 32, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 24 ACRES, MORE OR I2~SS; AND BY PROVIDING AN EFFECTIVE DATE. WHEREAS, William L. Hoover, AICP, of Hoover Planning Shoppe, representing G & G Development Corporation, petitioned the Board of County Commissioners tO change the zoning classification of the herein described real property; NOW, THEREFORE BE IT ORDAINED by the Board of County Commissioners of Collier County, Florida: SECTION ONE: The zoning classification of ~he herein described real property located in Sec%ion 32, Township 50 South, Range 26 East, Collier County, Florida, is changed from "A" to "PUD" Planned Unit Development in accordance with the Whistler's Cove PUD Document, attached hereto as Exhibit "A" and incorporated by reference herein. The Official Zoning Atlas Map Number 0532N, as described in Ordinance Number 91-102, the Collier County Land Development Code, is hereby amended accordingly. PAGE I 0 7 4 5 6 7 8 9 10 11 12 14 15 SECTION TWO: This Ordinance shal! become ef£ec~lve upon filing with the Department of State. PASSED A~D DULY ADOPTED by ~he Board of County Commissioners of Collier County, Florida, this .. day of , 1997. ATTEST: BY: DWIGHT E. BROCK, CLERK 16 17 APPROVED AS TO FORM 18 AND LEGAL SUFFICIENCY 19 2 e~¢~ MARJORIE M. STUDENT ASSISTANT COUNTY ATTORNEY PUD-96-13 ORDINANCE/18003 21 22 23 24 25 26 27 28 29 30 31 32 33 34 BOARD OF COUNTY COMMISSION~ COLLIER COUNTY, F~RIDA JAN 0 ? 1997 WHiSTL '.R'S COVE A PLANNED UNIT DEVELOPMENT PREPARED FOR: ROCKWELL T. GUST, Jr., PRESIDENT G & G DEVELOPMENT CORPORATION P.O. BOX 846 NAPLES, FL 34102 PREPARED BY: WILLIAM L. HOOVER, AICP HOOVER PLANNING SHOPPE 2223 TRADE CENTER W~Y NAPLES, FL 34109 BRUCE ANDERSON YOUNG, VAN ASSENDERP & VARNADOE, P.A. 801 LAUREL OAK DRIVE, SUITE 300 NAPLES, FL 34108 MICHAEL J. LANDY, P.E. BUTLER ENGINEERING, INC. 2223 TRADE CENTER WAY NAPLES, FLORIDA 34109 DATE DATE REVISED DATE REVIEWED BY CCPC DATE APPROVED BY BCC ORDINANCE NUMBER FILED ..Au.qust 7. 1996 December 7, 1996 JAN 0 ? 1997 P.'. ~ TABLE OF CONTENTS TABLE OF CONTENTS LIST OF EXHIBITS STATEMENT OF COMPLIANCE SECTION I PROPERTY OWNERSHIP AND DESCRIPTION SECTION II PROJECT DEVELOPMENT REQUIREMENTS SECTION III RESIDENTIAL AREAS PLAN SECTION IV DEVELOPMENT COMMITMENTS .PAGE i ii 1 2 5 8 12 AG£NDA ITEM No. ~ JAN 0 ? 1997 LIST OF EXHIBITS EXHIBIT A EXHIBIT B PUD MASTER PLAN/WATER MANAGEMENT PLAN VICINITY MAP NO. ~ JAN 0 ? 1997 STATEMENT OF COMPLIANCE The development of approximately 24 acres of property in Collier County, as a Planned Unit Development to be known as Whistler's Cove PUD will be in compliance with the planning goals and objectives of Collier County as set forth in the Collier County Growth Management Plan. The residential facilities of the VVhistler's Cove PUD will be consistent with the growth policies, land development regulations, and applicable comprehensive planning objectives for the following reasons: 5 The subject property is within the Urban Residential Mixed Use District Land Use Designation as identified on the Future Land Use Map. The subject property's location in relation to existing or proposed community facilities and services permits the development's residential density as described in Objective 2 of the Future Land Use Element. The project development is compatible and complementary to existing and future surrounding land uses as required in Policy 5.4 of the Future Land Use Element Improvements are planned to be in compliance with applicable sections of the Collier County Land Development Code as set forth in Objective 3 of the Future Land Use Element The project development will result in an efficient and economical allocation of community facilities and services as required in Policies 3.1.H and 3 1.L of the Future Land Use Element. The project development is planned to protect the functioning of natural drainage features and natural groundwater aquifer recharge areas as described in Objective 1.5 of the Drainage Sub-Element of the Public Facilities Element. The projected density of 100 dwelling units per acre is in compliance with the Future Land Use Element of the Growth Management Plan based on the following relationships to required criteria: Base Density +4 Affordable Housing Density Bonus +8 Traffic Congestion Boundary -1 Maximum Permitted Density +11 dwelling units/acre dwelling units/acre dwelling units/acre dwelling units/acre All final local development orders for this project are subject to Division 3.15, Adequate Public Facilities, of the Collier County Land Development Code AG£NDA IT~¥t No. ~ JAN 0 ? S97 1.1 1.2 SECTION I PROPERTY OWNERSHIP AND DESCRIPTION PURPOSE The purpose of this Section is to set forth the location and ownership of the property, and to describe the existing conditions of the property proposed to be developed under the project name of Whistler's Cove PUD. LEGAL DESCRIPTION The subject property being 24.00 acres, and located in Section 32, Township 50 South, and Range 26 East, is described as: All that part of Section 32, Township 50 South, Range 26 East, lying North and East of the Tamiami Trail (U.S. Highway 41), Collier County, Florida, LESS AND EXCEPT a parcel described as follows: Beginning at the intersection of the North line of said Section 32 with the Northeasterly right-of-way line of the Tamiami Trail (U.S. Highway 41 ), run North 89=57'30" East 188.80 feet along the said North line of Section 32; thence South 58; 18'30" West 147.09 feet to the said right-of-way line; thence North 39-~31'30" West 100.00 feet along said right-of-way line to the point of beginning. 13 PROPERTY OWNERSHIP The subject property is owned by: Diane M. McAlear and Kurt P. Puchhas Co-Trustees of Puchhas Land Trust 4421 11thAvenue S.W. Naples, Florida 33999 The subject property is under a contract to purchase by: Rockwell T Gust, Jr., President G & G Development Corporation P.O. Box 846 Naples, Florida 34102 1,4 ,GENERAL DESCRIPTION OF PROPERTY AREA The subject property is located on the northern side of East Tamiami Trail, at the intersection with Southwest Boulevard (unincorporated Collier County), Florida. The entire project site currently has Agricultural Zoning and is proposed to be rezoned to PUD. 1.5 PHYSICAL DESCRIPTION The project site is located within the C...4 Canal Drainage Basin, Stormwater run- off from Ihe site historically sheetflows south to the existing FDOT drainage ditch which runs parallel to U,S. 41 on the north side. Conveyance of this run-off is aided by two (2) shallow man-made drainage ditches which bisect the site from north to south. It appears that they were constructed to aid the drainage of the Naples Manor subdivision to the north They are not maintained and have become overgrown with exotic vegetation. Once entering the FDOT right-of- way, stormwater is routed east to a culvert just east of Lely Resort Boulevard, then piped south of U.S. 41 to the Eagle Creek Golf Course Lakes System. Ultimate discharge is to Rookery Bay via Henderson Creek. It should be noted that run-off from the Naples Manor is routed around the subject property by means of a poorly maintained drainage ditch in the rear yards of the homesites directly adjacent to the project's north boundary, Elevations within the project range from lows of 3.6 NGVD within the man-made drainage ditches to 6.6 NGVD in the spoil pile created by their construction. Natural grades range from 4,8 NGVD to 5.8 NGVD. The entire site is located within Flood Zone 'AE" with a base flood elevation of 7.0 NGVD. As indicated on the survey, a small portion of the site (southeast comer) is located within base flood elevation 8.0 NGVD, The water management system for the project proposes the construction of a perimeter berm with crest elevation set at the 25 year-3 day flood stage, Water quality pretreatment is proposed in the on-site lake system prior to discharge into the wetland areas to be preserved. Utilization of the wetlands for attenuation of the 25 year - 3 day storm event is included as part of the design. Per Collier County Soil Legend, dated January, 1990, there are four (4) types of soils found within the limits of the property: Immokalee Fine Sand Pineda Fine Sand, Limestone Substratum Holopaw Fine Sand Urban Land ]mmokalee Oldsmar, Limestone Substratum Com~Dlex JAN 0 7 997 1.6 1.7 The site vegetation consists mainly of wet pine flatwoods with some upland palmetto islands, The site has been heavily invaded by exotics (i.e. Melaleuca). Wetland vegetation (i,e, cypress) can be seen within the limits of the man-made drainage ditch, _PROJECT DESCRIPTION The Whistler's Cove PUD is a multi-family residential Affordable Housing Density Bonus project with a maximum of 240 units. Recreational facilities will be provided in conjunction with the dwelling units. Residential land uses, recreational uses, and signage are designed to be very harmonious with one another in a natural setting by using common architecture, appropriate screening/buffering, and native vegetation, whenever feasible. SHORT TITLE This Ordinance shall be known and cited as the "Whistler's Cove Planned Unit Development Ordinance". AGENDA ITEM. JAN 0 7 1997 P~- ~ SECTION II 2.1 2.2 PROJECT DEVELOPMENT REQUIREMENTS PURPOSE The purpose of this Section is to delineate and generally describe the project plan of development, relationships to applicable County ordinances, the respective land uses of the tracts included in the project, as well as other project relationships. GENERAL Unless otherwise noted, the definitions of all terms shall be the same as the definitions set forth in the Collier County Land Development Code in effect at the time of building permit application. All conditions imposed and graphic material presented depicting restrictions for the development of Whistler's Cove shall become part of the regulations which govern the manner in which the PUD site may be developed. C Unless specifically waived through any variance or waiver provisions from any other applicable regulations, the provisions of those regulations not otherwise provided for in this PUD remain in full force and effect, D Development permitted by the approval of this petition will be subject to a concurrency review under the provisions of Division 3 15 Adequate Public Facilities of the Collier County Land Development Code at lhe earliest, or next, to occur of either Final Site Development Plan approval, Final Plat approval, or building permit issuance applicable to this development. AGENDA JAN 0 ? PS. ~,..---.~ __ 2.3 2.4 2¸5 DESCRIPTION OF PROJECT PLAN AND PROPOSED LAND USES The general configuration of the land uses are illustrated graphically by Exhibit "A", PUD Master Plan. Minor modifications to Exhibit "A", may be permitted at the time of Site Development Plan approval, subject to the provisions of Section 2.7.3.5 of the Collier County Land Development Code or as otherwise permitted by this PUD Document. In addition to the various areas and specific items shown in Exhibit "A", easements such as (utility, private, semi-public, etc.) shall be estabhshed within or along the tracts as may be necessary. DESCRIPTION OF PROJECT DENSITY OR INTENSITY OF LAND USES A maximum of 240 dwelling units shall be constructed in the residential portion of the project area The gross project area is 24 00 acres. The gross project density shall be a maximum of 10 units per acre. RELATED PROJECT PLAN APPROVAL REQUIREMENTS Exhibit "A", PUD Master Plan, constitutes the required PUD Development Plan Any division of the property and the development of the land shall be in compliance with the PUD Master Plan, Division 32 Subdivisions of the Land Development Code, and the platting laws of the State of Florida The provisions of Diwsion 3.3, Site Development Plans of the Land Development Code, when applicable, shall apply to the development of all platted tracts, or parcels of land as provided in said Division 3.3 prior to the issuance of a building permit or other development order. C Appropriate instruments will be provided at the time of infrastructural improvements regarding any dedications and the methodology for providing perpetual maintenance of common facilities 2.6 MODEL UNITS AND SALES FACILITIES In conjunction with the promotion of the developme-~t, residential units may be designated as models, Such model units shall be governed by Section 2 6.33.4 of the Collier County Land Development Code. JAN 0 ? 1997 2.7 2.8 B Temporary sales trailers ~nd construction trailers can be placed on the site after Site Development Plan approval and prior to the recording of Subdivision Plats, subject to the other requirements of Section 2.6.33.4 of the Land Development Code. PROVIS ON FOR OFF-SITE REMOVAL OF EARTHEN MATERIAl The excavation of earthen material and its stock piling in preparation of water management facilities or to otherwise develop water bodies is hereby permit,ad. Off-site disposal is also hereby permitted subject to the following conditions. Excavation activities shall comply with the definition of a "Development Excavation" pursuant to Section 3.5.5.1.3 of the Land Development Code, whereby off-site removal shall be limited to 10% of the total volume excavated but not 1o exceed 20,000 cubic yards. B AFl other provisions of Division 3.5 Excavation of lhe Land Development Code shall apply. Upon review and approval of a Commercial Excavation Permit as described in Division 3.5 of the Land Development Code, commercial excavation activities are allowed. This off-site removal shall meet any conditions placed upon approvar of the Commercial Excavation Permit. AMENDMENTS TO PUD DOCUMENT OR PUD MASTER PLAN Amendments may be made to lhe PUD as provided in Section 2.7.3.5 of the Land Development Code. AG£1~D~ LT£M JAN 0 ? 1997 Pg. _ ~..~ 3.1 3.2 3.3 SECTION III RESIDENTIAL AREAS PLAN PURPOSE The purpose of this Section is to identify specific development standards for the Residential Areas as shown on Exhibit "A", PUD Master Plan. MAXIMUM DWELLING UNITS The maximum number of residential dwelling units within the PUD shall be 240 units. PERMIT'TED USES No building, structure or part thereof, shall be erected, altered or used, or land used, in whole or part, for other than the following: A Permitted Principal Uses and Structures: Multi-family dwellings. B Permitted Accessory Uses and Structures: 1. Customary accessory uses and structures including carpods, garages, and utility buildings. 2. Recreational uses and facilities including swimming pools, tennis courts, volleyball courts, children's' playground areas, tot lots, boat docks, walking paths, picnic areas, recreation buildings, and basketball/shuffle board courts. 3. Manager's residences and offices, rental facilities and model units 4. Water management facilities, including within the Native Habitat Preserve Area. Essential services, including interim and permanent utility and maintenance facilities NO. ~ JAN 0 ? 1997 , , i II II I I II IIII ..... ~ ~ 3.4 Gatehouse. Recreational facilities, such as boardwalks, walking paths and picnic areas, within the Natural Habitat Preserve Areas after the appropriate environmental review. 8. Child-care facilities for on-site residents and their children. 9. Supplemental landscape planting within the Natural Preserve Areas. Habitat 10. Any other accessory use deemed compatible by the Director of Current Planning. ,,DEVELOPMENT STANDARDS A. .Minimum Yards: 1. Principal structures: (a) (b) Yards Along East Tamiami Trail Right-of-Way - Eighty (80) feet for one- (1) and two- (2) story structures and two hundred (200) feet for three- (3) story structures. Yards from the Eastern PUD Boundary - Forty (40) feel for one (1) and two- (2) story structures and eighty (80) feet for three- (3) story structures. (c) Yards from the Northern PUD Boundary - One hundred sixty (160) feet. Yards from back of curb or edge of vehicular pavement - Fifteen (15) feet. (e) Yards from the Natural Habitat Preserve Area - Twenty (20) feet. (f) Yards from the centrally-located lake - Twenty (20) feet. Accessory Structures: (a) Carports are permitted within parking areas. 9 JAN 0 (b) Yards from the perimeter PUD Boundaries - Twenty-five (25) feet. (c) Yards from any principal structures - Ten (10) feet, except for swimming pools and screen enclosures which have none. Distance Between Principal Structures: 1. Between one (1) story and one (1) story structures - Ten (10) feet Between one (1) story and two (2) story structures - Fifteen (15) feet Between one (1) story and three (3) story structures - Twenty (20) feet. 4. Between two (2) story and two (2) story structures - Twenty (20) feet. Between two (2) story and three (3) story structures - Twenty-five (25) feet. Between three (3) story and three (3) story structures - Thirty (30) feet. Minimum Floor Area: (1) For one (1) bedroom units the minimum floor area shall be five hundred fifty (550) square feet. (2) For two (2) bedroom units the minimum floor area shall be seven hundred fifty (750) square feet. (3) For three (3) bedroom units the minimum floor area shall be nine hundred (900) square feet Maximum Heiqht: For principal structures thirty-eight (38) feet or three (3) stories, whichever is the most restrictive. AGE~A IT£M. No. ~ JAN 0 ? 19-37 Off-Street Parkin,q and Loading Requirements: As required by Division 2.3 of the Land Development Code in effect at the time of building permit application. Open Space Requirements~ A minimum of sixty (60) percent open space, as described in Section 2.6.32 of the Land Development Code. Including in this open space shall be area(s) set aside as Natural Habitat Preserve Area(s), as required in Section 3.9.5.5.3 of the Land Development Code, which shall encompass a minimum of twenty-five (25) percent of the viable naturally functioning native vegetation on-site. Landscapin,q and Bufferinq Requirements: As required within Division 2.4 of the Collier County Land Development Code, except that required landscaping for PUD perimeter buffers located within Natural Habitat Preserve Areas may be relocated within other areas of the Natural Habitat Preserve Areas, with approval of the County Landscape Architect at the time of Site Development Plan approval. If landscape buffers are determined to be necessary adjacent to preserve areas, they shall be separate from preserve areas. .Architectural Standards All buildings, signage, landscaping and visible architectural infrastructure shall be architecturally and aesthetically unified. Said unified architectural theme shall include: a similar architectural design and use of similar materials and light pastel colors throughout all of the bu Idings, signs, and fences/wails to be erected on the entire subject parcel Landscaping and streetscape materials shall also be similar in design throughout the subject site A conceptual design master plan shall be submitted concurrent with the first application for Site Development Plan approval demonstrating compliance with these slandards. Signs Signs shall be permitted as allowed within Division 2,5 of the Collier County Land Development Code. Signage shall also meet the architectural standards further described in Section 3.4H of this PUD Document. Ii AGEU ~) ~E~ ~ JAN 0 ? 1997 SECTION IV DEVELOPMENT COMMITMENTS 4.1 4.2 4.3 PURPOSE The purpose of this Section is to set for-th the commitments for the development of this project. GENERAL All facilities shall be constructed in strict accordance with Final Site Development Plans, Final Subdivision Plans and all applicable State and local laws, codes, and regulations applicable to this PUD, in effect at Ihe time of Final Plat, Final Site Development Plan approval or building permit application as the case may be. Except where specifically noted or stated otherwise, the standards and specifications of the official County Land Development Code shall apply to this project even if the land within the PUD is not to be platted. The developer, his successor and assigns shall be responsible for the commitments outlined in this document. The developer, his successor or assignee shall agree to follow the PUD Master Plan and the regulations of this PUD as adopted and any other conditions or modifications as may be agreed to in the rezoning of the property. In addition, the developer will agree to convey to any successor or assignee in title any commitments within this agreement. PUD MASTER PLAN Exhibit "A", PUD Master Plan illustrates the proposed development and is conceptual in nature. Proposed area, lot or land use boundaries or special land use boundaries shall not be construed to be final and may be varied at any subsequent approval phase such as Final Platting or Site Development Plan approval. Subject to the provisions of Section 2.7.3.5 of the Collier County Land Development Code, amendments may be made from time to time. All necessary easements, dedications, or other instruments shall be granted to insure the continued operation and maintenance of all service utilities and all common areas in the project. 12 AG£1~ ~.A IT£M. No. ~ JAN 0 ? 1997 4.4 ..SCHEDULE OF DEVELOPMENT/MONiTORiN~ REPORT A Site Development Plan shall be submitted per County regulations in effecl at time of site plan submittal. The project is projected to be completed in one (1) phase. The landowners shall proceed and be governed according to the time limits pursuant to Section 2.7.3,4 of the Land Development Code. .Monitorinq Report: An annual monitoring report shall be submitted pursuant to Section 2.7,3,6 of the Collier County Land Development Code. 4.5 This project shall be required to meet all County Ordinances in effect at the time final construction documents are submitted for developmenl approval Design and construction of all improvements shall be subject to compliance w~th appropriate provisions of lhe Collier County Land Development Code, Division 3,2. C Prior to Final Site Development Plan approval a Right-of-Way Permit be required by FDOT. 4.6 WATER MANAGEMENT A copy of the South Florida Water Management District (SFWMD) Surface Water Permit shall be submitted prior to Final Site Development Plan Approval. An Excavation Permit will be required for the proposed lake in accordance with Division 3.5 of the Collier County Land Development Code and SFWMD rules. At the time of construction, the existing ditch along the entire north boundary shall be excavated and a minimum 15 foot maintenance travelway atop the perimeter berm shall be constructed within a new dedicated drainage easement. Such drainage easement shall be dedicated prior to Final Site Development Plan approval. Dimensions for the ditch cross-section, berm width, and easement width will be reviewed 1.1 4.7 at the time of development plan submittal pursuant to Collier County Stormwater Management Department requirements. At the time of development plan submittal, the proposed drainage culvert within the FDOT right-of-way shall be sized pursuant to Collier County Stormwater Management Department requirements. A FDOT Drainage Connection Permit shall be obtained prior to the pre- construction conference. At the time of construction, the existing FDOT ditch along the entire U.S. 41 frontage, shall be excavated pursuant to a new Collier County approved uniform cross-section. UTILITIES A Water distr bution, sewage collection and transmission and interim water and/or sewage treatment facilities to serve the project are to be designed. constructed, conveyed, owned and maintained in accordance with Collier County Ordinance No. 88-76, as amended, and other applicable County rules and regulations. Water facilities looping and stubs: The on-site water distribution system to serve the project must be connected to the District's wal,er main on U.S. 41, consistent with the main sizing requirements specified in the County's Water Master Plan and extended throughout the project. During design of these facilities, the following features shall be incorporated into the distribution system. 1. Dead-end mains shall be eliminated by looping the internal pipeline networks. Stubs for future system interconnection with adjacent properties shall be provided to the property lines of the project, at locations to be mutually agreed to by the County and the developer during the design phase of the project. Sewage system connection when interim sewage treatment plant utilized: The utility construction documents for the project's sewerage system shall be prepared to contain the design and construction of the on-site force main which will ultimately connect the project to the future central JAN 0 ? 1997 4.8 sewerage facil;"3s of the District in the public rights-of-way. The force main must be extended from the rnain on-site pump station tr., the force main. It must be interconnected to the pump station with appropriately located valves to permit for simple redirection of the project's sewage when connection to the County's central sewer facilities becomes available. TRAFFIC C The applicant shall install arterial level street lighting at the project entrance prior to the granting of any Cedificates of Occupancy for the project. The applicant shall be responsible for a fair share contribution toward a traffic signal system at the project entrance, should such signal system be found to be warranted Any such signal syslem shall be subject to approval by both Collier County and FDOT. The applicant shall be responsible for both a westbound right turn lane and an eastbound left turn lane at the project entrance, that shall be constructed during the construction of the project's access driveway onto U.S. 41. In addition, compensating right-of-way shall be required to offset the benefit of said turn lanes to the prOject. Such compensating property shall be dedicated to Collier County prior to the granting of any Certificates of Occupancy for the project. The location of the project's access point may contribute to a future sight distance problem. Therefore, both the County and FDOT reserve the right of median control, to include right-in/right-out controls should a safety or operational problem be created as a consequence of this access point The applicant shall be responsible for the installation of a sidewalk./b~ke path along the entire project frontage, prior to the granting of any Certificates of Occupancy for the project. In lieu of such construction, the applicant may provide, prior to Final Site Development Plan approval, a fair share cash contribution for same to be applied to the U.S 41 six-lane construction at such time as the six-lane project is built. The applicant shall provide substantial competent evidence of a pomtive drainage ouffall for both the project's storm Water runoff and the existing roadway storm water runoff, prior to the Final Site Development Plan approval. JAN 0 '/1997 1 4.9 4.10 This project has applied for an Affordable Housing deferral of road impact fees. Should such deferral not be approved, the provisions of Ordinance No. 92-22, as amended, shall govern the imposition and collection of Ihe applicable road impact fees. The project access shall be located and designed in accordance with the Access Management Plan. PLANNING Pursuant to Section 2.2.25.8.1 of the Land Development Code, if during the course of site clearing, excavation or other construction activity a historic or archaeological artifact is found, all development within the minimum area necessary to protect the discovery shall be immediately stopped and the Collier County Code Enforcement Department contacted. ENVIRONMENTAL Regulations for development of the Whistler's Cove PUD shall be in accordance with the contents of lhis document, PUD- Planned Unit Development District and other applicable sections and pads of the Collier County Land Development Code and Growth Management Plan in effect at the time of issuance of any development order to which said regulations relate which authorizes the construction of improvements, such as but not limited to Final Subdivision Plat, Final Site Development Plan, Excavation Permit and Preliminary Work Authorization. Where these regulations fail to provide developmental standards then the provisions of the most similar district in the Land Development Code shall apply. Environmental permitting shall be in accordance with the State of Florida Environmental Resource Permit rules and be subject to review and approval by the Current Planning Environmental Review Staff. Removal of exotic vegetation shall not be counted towards mitigation for impacts to Collier County jurisdictional wetlands. Any additional mitigation, that may be recommended by the Environmental Advisory Board (EAB) and approved by the Board of County Commissioners, above that proposed with this petition shall be submitted with the Site Development Plan/Construction Plan Package for review and approval. All conservation areas shall be designated as conservation/preservation tracts or easements on all construction plans and shall be recorded on 16 JAN 0 ? 1997 the plat with protective covenants per or similar to Section 704.06 of the Florida Statutes. Buffers shall be provided in accordance with Section 3.2.8.4.7.3 of the Collier County Land Development Code, In the event the project does not require platting, all conservation areas shall be recorded as conservation/preservation tracts or easements dedicated to an approved entity or to Collier County with no responsibility for maintenance and subject to the uses and limitations similar to or as per Section 704,06 of the Florida Statutes. Buffers shall be provided around wetlands, extending al least fifteen (15) feet landward from the edge of wetland preserves in all places and averaging twenty-five (25) feet from the landward edge of wetlands. Where natural buffers are not possible, structural buffers shall be provided in accordance with the State of Florida Environmental Resources Permit rules and be subject lo review and approval by the Current Planning Environmental Review Staff, An exotic vegetation removal, monitoring, and maintenance (exotic-free) plan for the site, with emphasis on the conservation/preservation areas, shall be submitted to Current Planning Environmental Review Staff for review and approval prior to Final Site Development Plan/Construction Plan approval Areas W~thin the forty (40) foot wide Florida Power and Light easement shall not be considered as Natural Habitat Preserve Areas. 17 JAN 0 ? 1@971 AG E~ DA.IT~.~ N EXHIBIT B L OCA T/ON MAP 0 .5 I ! ' I ~ Thor~c$$Cn Or,'ve Sub ,°. ~.~,~, JAN 0 ? ,,,.. g'7 (FASTER) RENTAL AOP££.".£NT AUTHORIX:;;~ AF.rORDABL£ D£)JSITY BOt;U$ A);D I):PC$1NO CO%'£NA.~TS AFb RESTRICTIONS OS REAL PROPERTY THIS AGR~ME):T i~ made as of the day of "Developmr") and th~ Collier County Board of County Co~i~ioners (the "Comm~ion" ) . R~CITALS: A. The Developer owns a tract of real property de~cr:bed (The "Property"i . The lega! and equitable owners include It is the Developer's intent tc construct a maximum of ,,~C resident:al un:us (the "Units") at a density of ~.D units per qr:ss acre on the Property. The gross acreage of Property is ~O~ acres. The number of affordable Units constructed by Developer shall be ~, representlng .Z~ percent of the total number of residential Units in the development. B. In order to construct the Units, the Developer must obtain a density bonus frcm the Commission for the Property as provided fqr in the Collier County Affordable Housing Density Bonus Ordinance, No. 90-89, which density bonus can only be granted by the Commission in accordance with the strict lkm:tatkons Of sa~ Ordinance. C. The ¢':mmission is willing to grant a density bonus tO the Develcper authorizing the construction of ~ bonus Units on the Property. :f the Developer agrees to construct affordable U~:ts as speci!~ed in this Agreement and the Developer ce,/enants an~ agrees to ;ze the affordable un,ts only as rental property. JAN 0 7 1997 (MASTER) R£NTAL NOW, TM£R£FOR£, in consideration of the approval and granting of the density bonus of ~. C units per acre requested by the Develope: and the benefits conferred thereby on the Property, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Developer and the Commission hereby covenant and agree as follows: 1. Recitals. The above recitals are true and correct and are incorporated herein by reference. 2. Davelop,r Agreements. The Developer hereby agrees that it shall construct ~6~ affordable Units which Units shall be rented in accordance with the terms and conditions of this Agreement and as specified ~y the attached Appendix A, Exhibit A and £×niblt B, which Appendix ~ Incorporated by reference herein and constltu%es a part of this Agreement. Units at the Property whic~ are not an affordable Unit ("Market-Rate Units") shall be exempt from the provisions of this Agreement and may be leased or rented by the Developer on terms and conditions acceptable to the Developer ~ ~ts s¢le discretion. Within forty-five (45) days from the d~=e t~at not:ce is received from the Commission, the Developer shall provide on-site management to assure appropriate security, maintenance and appearance of the development and the dwelling Units. a. The following provisions shall be applicable to the affcrdakle Units: (2) Definitions. Any and all definitions provided by Ordinance No. 90-89, as amended, are hereby incorporated by reference. Phasing shall mean (a) the phased construction of buildings or structures in separate and distinct stages as shown on a PUD ma~ter plan, subdivision master plan or site development plan; or (~1 in developments where phased construction is not depicted on a ~UD master plan, subdivision master plan or site develcpmen~ ~lan, the construction of buildings or structures in a clearly def~ne~ series of starts and finishes nat a~~% an~ distinct within the development. - JAN071997 EENTAL (2) ~ase Eent. The monthly base rent for t~e affordable Units shall be in accordance with the rents specified in the attached AFpendix A. Exhibit A. The monthly ten: may be increased each year from the dace of this Agreement as long as the rent does not exceed one-twelfth (1/12) of 30 percent of an amount which represents 50 percent (for very low income), and 60 percent (for low income) of the then applicable median adjusted gross annual income for the household as published annually by the U.S. Department of Housing and Urban Development for the area defined as the Naples Metrcpolitan Statistical Area (MSA'. The foregoing notwithmtandin~, any rent ch.rged for an affordable housing unit rented to a IOW income cr very Iow income family shall not e×:eed }$ percem: cf the rem: charged for a comparable market rate dwelilng in the same cr s:m~lar development. (3} Median Income. For the purposes of A;reement, the median income of the area as defined by the U.S. Department cf H:uslng and Urban Deve!cpment (HUD] shall be the then current median income for the Naples Metropolitan S%atistical Area, established periodically by HUD and published ~n the Federal Register, as adjusted for family size as shown on the tables attached hereto as Appendix A, Exhibit C, which Exhibit shall be adjusted from time to time in accordance with any adjustments that are authorized by HUD or any successor agency. In the event that HUD ceases to publish an established median income as aforesaid, the parties hereto shall mutually agree to a~other reasonable and comparable method of computing adjustments in median income. (4) Eligibility and Qualification of Tenant. Family income eligikility is a three-step process: l) submittal of an application by a prospective tenant; 2) verification of family income; and 3) execution of an income cert~fication form. Ail three steps shall be accomplished prior to a tenant being qualified as an eligible family %o rent and occupy an affordatle housing unit pursuant to the affordable housing densi%y bonus program. No person shall occupy an affordabl: ~rovided under the affordable housing density bonu pro~a~ ' ~' JAN071997 R£NTAL to being quali[:e~ at the adpropr:ate level of income (lov or The Developer shall be responsible for qualifying tenants by accepting applications from tenants, verifying income and obtaining income certification for all affordable units tn the subject development. All applications, forms and other documentation reguire~ by this Agreement shall be provided to the Housing and Urban Improvement Director. Qualification by the Developer of an}' tenant as an eligible tenant family shall be subject to review end approval in accordance with the monitoring end enforcement program created and adopted by Resolution of the Commission. (a) Application. A potential tenant snail apply to t~e devel:p~r, owner, manager, or agent to qualify as a Io~ or very low income family for the purpose of renting and occupying an affordable kousing rental unit pursuant to the affordable hc~slmg density bonus program. The Preliminary Application for Affordakle Housing Unit shall be provided by the Housing and Ur:an Improveren: Director as shown in Appendix Exhibit A. attached to this Agreement and incorporated ky reference here;n. (b) Income Verification and Certification. No affordable ao~slng Unit in the ~e~elop=ent shall be rented to a tenant ~h:se ~ousehcld income has not been verified and certified ~a accordance ~ith this Agreement and Ordinance No. 90-$9, as a~ende~, as a low or very lo~ income family. Tenant income verifzcaticn and certification shall be repeated annually to assure c:ntinued eligibility. (c) Income verification. The Developer shall obtain written verification from the potential occupant (including ~r.e entire household) to verify all regular sources of income (including the entire household). The most recent year's federal inccme tax return for the potential occupants (including the entire hcuse~ld) nay be used for the purpose of inco~9 verification, if attached to the Affordable zncom, var,f .ratio, form. h.oh includes a ,tat, (~$TER) and U£b~n I~prcva~en~ ~irectcr. (~) Dlsqualificat£on of Tenant. In the even~ that tenant qualification is not subsequently confirmed by the Housing and Ur=an Improvement Director or his designee, then such tenant shall be required to vacate the affordable unit. If tenant vacation cf the affordable unit is the result of an error, omission or misrepresentation made by Developer, tenant shall vacate the affordable unit within thirty (30] days and Developer shall pay penalties as provided by the monitoring and enforcement program. If tenant vacation of the afforduble unit is the result of a mlsreprestntetion made by the tenant, tenant shall vacate the affordable unlt within 15 days and shall pay penalties as provided by t~a monitoring and enforcement program. Such eventuality s~all be expressly detailed in the lease agreement =etween Develcser and ~enant. ({} Annual Progress and Monitoring Report. The Seveloper shall provide the Housing and Urban Improvement Director ~n ann~al progress and ~onitor!ng report regarding the del:very of affordable housimg rental units throughout the period of their censtruc:~on, renta! and occupancy. The annua! progress and monitoring report shall, at a minimum, provide any informa- tion reassna~ly required to insure compliance with Ordinance No. 90-89 or su:~eguen: amendments thereto. The report s~all be filed on or before September 30 of each }'ear and the report shall he submf:te~ b}' the Developer to the Housing and Urban I~prove- ment Directgr. Failure to complete and submit the monitoring report to the Housing and Urban Improvement D~rector within sixty (60) days from the due date shall result in a penalty of up to fifty dollars ($50.001 per day unless a written extension not to exceed thirty :30) days is requested prior to expiration of the sixty (60) '~ay suDmission deadline. No more than one such extension may he granted in a single year. The progress and mcnltorlng rep:r: small be in a form prcvtded by the Housing and ¢~ Occupancy Restrictions. No Af in an}' be:lc:hq or structure on the Property shall occupied by J/ N 0 7 the Developer, any person related to or affiliated with the Developer, cr cy a resident manager. 3. Density Bonus. The Commission hereby acknowledges that the Developer has met all required conditions to qualify for a density bonus, in addition to the base residential density of ~. C units per acre, and is therefore granted a density bonus of ~ C density bonus units per acre, for · total (total - density Zcnus units per acre X gross acreage) of /~ ~ density bonus units, pursuant to Collier County Affordable Mousing Density Bonus Ordinance No. 90-89, The Commission further agrees that the Developer may construct thereon, in the aggregate a maximum number of ~d units on the Property provided the Developer is able to secure building permitCs) from Collier County. 4. Co~nission Agreement. During the term of this AgreeTen=, the Ccmm:ssion acting through the Mousing and Urban Improvement De~ar:nent or its successor(s) covenants and agrees to prepare and make available to the Developer any general lnformatlon that ~t possesses regarding income limitations and restrictions which are applicable =o the affordable Unit. 5. Violations and Enforcement a. violations. It shall be a violation of this Agreement an~ the Collier County Affordable Housing Density Bonus Ordinance tc rent, sell or occupy, or attempt to rent, sell or occupy, an affordable housing rental unit provided under the affordable hcuslng density bonu~ program except as specifically permitted bj the terms of this Agreemenc; or to knowimgly give false or m~slead~ng information with respec~ to any information required or requested by the Mousing and Urban Improvement Director or ~y any other persons pursuant to the authority which is delegated to them by the Ordinance. C~li:er County or its designee shall have full po~er to enforce the terms of this Agreement. The method of enforcement for a breach or viola=ion of this Agreemen% shall be at option cf ~he Commission by criminal enforcement ~ursuant to the provisions o: Section 125.69, Florida enforcement as allowed by law. . JAN071997 RENTAL b, Notice of Violation for Code Znforcement Board Proceedings. whenever it is determined that there is a violation of this Agreement that should be enforced before the Co~e Enforcement Board, then a Notice of Violation shall be issued and sent by the Housing and Urban Improvement Director by certified return-receipt requested U.S. Mail, or hand-delivery to the person or developer in violation of the Ordinance. The Notice of Violatlcn shall be in writing, shall be signed and dated by the Housing and Urban Improvement Director or such other County personnel as m~y be authorized by the Board of County Commissioners, shall specify the violation or violations, shall state that said violations(s} shall be Corrected within ten days cf the date cf the Notice of Violation, and shall state that :f said vlol~::cnl~) is/are not corrected by the specified date in the Notice of Violation, the Housing and Urban Improvement Director shall issue a citation which shall state the date and time of issuance, name and address of the person in violation, date of the viclatlon, Section of this Agreement or of Ordinance No. 90-89 or subsequent amendments thereto violated, name of the Housing and Urban Development Director, and date and time when the violator shall appear before the Code Enforcement Board. c. Certificate of Occupancy. In the event that the Developer fails to maintain the affordable units in accordance with this Agreement Or with Ordinance No. 90-89, as amended, at the opt!sm of the Commission, building permits or certificates of occupancy, 9s applicable, may be withheld for any future planned or otherwise approved unit located or to be located upon the Property unt. I the entire project is in full compliance with this Agreement and wltn Ordinance No. 90-B9, as amended. 6. Assignment by Commission. The Commission may assign a!l or part of its obligations under this Agreement to any other public agency having ~urisdiction over the Property provided that it gives the Developer thirty (30) days advance written notice thereof. The Developer may not assign, delegate or otherwise transfer al; ~r part of its duties, obligations~ or / under this A~r~e.'ent to any successor in interest t~ the / JAN07~997 (MASTER) R£NTAL wi:hour the express written consent of the Commission, which consent may t;e ~::hheld for any reason whatsoever. Any attempt to assign the duties, obligations, or promises under this Agreement to any successor in interest to the Property without the express written consent of the Commission as required by. this Section shall be void ab initio. 7. Saverabilit¥. ~f any section, phrase, sentence or portion of this Agreement is for any reason held invalid or unconstitutional by any court of competent Jurisdiction, such portion shall be deemed a separate, distinct, and independent provision, and ali other provisions shall remain effective and ~lnding on the parties. 8. ~e%Ice. Any notices desired or required to be given under this A~reement shall be in writing and shall either be personally dei,%'ered or shall ~e sen: ~y mail, postage prepaid, tc =he par=les a% =he following addresses: To =~ Commission: Housing & Urban Improvement Dept. 2800 N. Horseshoe Drive Naples, Florida 33942 Any party ~a~' change the address to ~hich notices are to ~e sent ~y not~fying =Xe other party of such ney address in the manner set ~cr=h a~cve. 9. ~uchcrity ~o Honitor. The parties hereto acknowledge that the Direc=or cf Collier County Housing and Urban Improvement or his deslqnee shall haue the authority to monitor and enforce Developer's o=l[ga=ions hereunder. 10. Indemnify. The Developer hereby agrees to protect, defend, in~ern[fy and hold Collier County and its o~ficers, employees, an~ agents harmless from and agains= any and all claims, pedal%les, damages, losses and expenses, professional fees, inclu&;rg, wi%bout lim;=a%ion, reasonable attorney's fees AG£~DAITLM and all co~ of 12t~gation and judgments arisi OU~oO~_..~r~Tj\ claim, w$llf.:i misconduct or negligent act, error o~ omiss~on, or' _~.[ JAN071997 R£NTAL liability of any kind made by Developer, its agents or employees, arising out of or lnciden:al to the performance of this Agreement. 11. Covenants. The Developer agrees that all of its obligations hereunder shall constitute covenants, restrictions, and conditions which shall run with the land and shall be binding upon the Property and against every person then having any ownership interest at any time and from time to time ~/ntil this Agreement ls terminated in accordance with Section 14 below. Mowever, the parties agree that if Developer transfers or conveys the Property t¢ another person or e,ltity, Developer shall have no further obligation hereunder and any person seeking to enforce the terms hereof ~hall look solely to Developer's successor in interest for %ne performance of said obligations. 12. Recording. This Agreement shall be recorded Developer's ex~ense in the official records of Collier County, Florida. 13. £ntlre Agreement. The parties hereto agree that this Agreement cons%itutes the entire Agreement between the parties hereto and shall inure to and be binding upon their respective heirs, successors° and assigns. 14. Termination. £ach affordable housing unit shall be restricted to remain and be maintained as the type of affordable housing rental unit (low or very low income) designated in accordance with this Agreement for at least fifteen (15) years from the da~e of issuance of a Certificate of Occupancy for such unit. After fifteen (15) years this Agreement may terminate upon a date mutually agreed upon by the par%les and stated in writing. 15. Modification. This Agreemen~ shall be modified or amended only by the written agreement of both parties. 16. D~sorimination. a. The De~eloper agrees that neither it nor its agents shall discriminate against any tenant or potential tenant because of said %enants race, color, religion, sex, national origin, famllia! status, or handica~. b. When the Developer advertises, ri - 10 - AGENDA IT[M. se 1~ 0 ? P~' R£NTAL maintains the affordable housing unit, it must advertise, sell, and maintain the same in s non-discriminatorY ~anner smd shall make available any relevant infcrmation to any person vho is interes~ed in renting or purchasing such affordable housing unit. c. The Developer agrees to be responsible for payment of any real es~a~e commissions and fees assessed in ~he rental or purchase of affordable units. ~. The a[fordable housing units in the development shall be ide~tified on all buildAnq plans submitte~ to the County ~n~ descri~ed in ~he Developer Applica~ion for Affordable Housing ~ensl~y e. T~e affordable hcusing units shall be intermixed ~ith, and nc~ segrega~e~ ~rc~, ~he marke~ ra~e d~elling units in the develop;.-e~. f. T~e square fcc:age, construction and ~eslgn of che affordable ~ous~g unz~s shall be the sa~e as mar~e~ rate d~elling u~x~s ~n ~e development. All physXcal amenities in the d~ellin~ uo;~. as descri~e~ in i~em number seven (~) o~ the ~evelcper A~pljca~ion ~or Affordable Hou;ing Density ~onu~ shall be ~he same for market rate units and affordable units. developments where construction ta~es place in more than one phase, all physical amenities as described in item number seven (3) O~ the Developer Application for A~ordable Housing ~ensit¥ ~c~us sbal! be ~he same in bo~h ~he market rate units and the affordable ~nx~s Zn each phase. Wni~ in a subsequen~ phase ccn~ain di~feren~ amenities ~han units in a previous phase so long as the ameni~ies for mar~e~ ra~e units and affordable units are the sa~e within each phase and provided that in no even% ma~ a mar~e~ r~e unit or affordable uni~ in any phase contain Fhysical an~;~xe~ less ~han ~hose describe~ in the Developer Applxcatzcm. ~. phas£n~. The percentage o~ affordable housing units to ~hich the EeveloFer has cormi~ed for the total development sha~l be main~ained ~n each phase and shall be constructi~ each phase cf ~he development on the Property. Deve - 1% - (~ASTER) RENTAL to /~ O percent affordable housing units for this project. with /~ ~ercent of the units in each phase as built consisting of affordable units. 18. Disclosure. The developer shall not disclose to persons, other than the potential tenant, buyer or lender of the particular affordable housinq unit or units, which units in the developuent are desiqnated as affordable housinq units. 19. Consistency. This A~reement and authorized development shall be cons~s~er:t ~i~h the Crowth ~ana~emen~ Plan and land development reg~lations of Collier County that are in effect at the time of davelop~en~. Subsequently adopted laws and ~olicies shall ap~ly ~: this Aoreeme~ and tc the development ~o the extent that they are not in conflic~ ~ith the number, type of affordable ~cda:n~ units and the amoun2 of affordable housinq density bonus a~pr:ved for the development. 20. Affordable Housin~ Density Bonus Developnent Woreement. This A~reeren~ is. a dis~incZ and separate aqreement from develcp~en~ a~ee~ents as defined by Chapter 163.3220. Fla. Stat. (;989) and as 2!. Preapplication. Developer has executed and submitted to the Development Services Director the Developer Application for Affordable ~:osinq Density Bonus, a copy of which is attached to this A~reezent as Appendix C and incorporated by reference herein. 22. 6overnin~ Lay. This Agreement shall be ooverned by and construed i~ a~ccrdance with the lays of the State of Florida. 23. Further ~ssurances. The parties hereto shall execute and deliver, in recordable form if necessary, any and all docu~en=s, cer:lf~cates, instr~ents, and a~ree~ents vhich may be reasonably read;red in order to effectuate the intent of this A~ree~ent. '~c:: documents shall include but not be limited tc any docu~en= requested by the Developer to exhibit that A~ree~ent has ~er~inated in accordance ~ith the provisions of para~raFh 1~ al:ye. IN ~ITNE~S ~HE~EOF, the ~ariies hereto ha Aqree~ent to ~,e e:~ecuted as of the day and ye written. ATTEST: DWIGHT £. BROCk, Clerk Witnesses: Approved as to form and legal sufficiency: Heidi F. Assistan= County A=%orney By: (MASTER) RENTAL BOARD OF COUNTY COMM, ISSIONERS COLLIER COUNTY, FLORIDA JOHN C. NORRIS, Chairman DEVELOPER STATE OF FLORIDA ) ) ss. COUNTY OF COLLIER ) The foregoing Agreemen% Authorizing Affordable Housing Density Bonus And Imposing Covenants And Restrictions On Real Proper=y was acknowledged before me by ~c~.,~ ~-~_.,7-~'~'t ~ WITNESS my hand and official sea'l this ~ day of ~~ , ~996. My Commission Exp~ /" Notary-Public ~_ MNH/mmd/1112 ~d/hui/082995/17404 AGENDA ITEM - JAN 0 7 1997 Appendix A, £~h~bit A RENTAL NUMBER OF AFFORDABLE HOUSING ~:ITS/MONTHLY BASE RENTS NUMBER OF UNITS BASE RENT Family Family Family Multi LOW INCOME Efficiency i Bedroom 2 Bedroom 3 Bedroom 4 Bedroon TOTAL 3~ /?,2 VERY LOW INCOME Efficiency 1 Bedrocn 2 Be~rocm 3 Bedrocm 4 Bedroom TOTAL (2) (3) (4) (5) Base residential density allowed in this development _~ units/acre. Gross acreage Maximum number of affordable housing density bonus units allowed .in this development pursuant to Section 7 Ordinance 90-89. ~' units/acres. Gross residential density of this development (i,qcluding affcrdable housing density bonus units) /~, ~ un,ts/acre. Percentage of affordable units pledged by the developer (as a percent of the total number units in the deYelopment) /~ %. Page 1 of ~ JAN 0 ? 1997 i l .... [ [ [[[1 IIlllll [ Il'l[ n[ Appendix A, Exhibit B AFFORDABLZ ROUSING D£NS~TY BONUS RAT~N~ SYST£M Section 7, Ordinance No. 90-89° provides for calculation of a density bonus for developers pledging to construct affordable units within their development. Included in this £xhibit B are instructions for and the tables with which to calculate the density bonus for a particular project. £xhibit C contains the current median income and acceptable rents for low and very low incomm households in Collier County. The affordable housing density bonus rating system shall be used to determine the amount of the affordable housing density bonus which may be ~rantmd for a development based on household income level, number of bedrooms per affordable housing unit, type of affordable housing units (owner-occupied or rental, single-family or multi-family) and percentage of affordable housing units in the development. To use the affordable housing density bonus rating system, Tables A and B, below, shall be used. Tables A and B shall be reviewed and updated if necessary on an annual basis by the Board of County Commissioners or its designee. First, choose the household income level (moderate, low, or very 10w) of the affordable housing unit(s) proposed in the development, and tr.m type of affordable housing units (cwner-occupled or rental, single-family or multi-family, where applicable) to be ~rovided, as shown in Table A. Then, referring a~ain to Table A, choose the number of bedrooms proposed for the affordable housing unit(s). An affordable housing density bonus rating based on the household income level and the number Of bedrooms is shown Jn Table A. After the affordable housing density bonus rating has been de%ermined in Table A, locate it in Table B, and determine the percent of the% ty~e of affordable housing unit proposed in the development compared to the total number of dwelling units in the development. From this determination, Table B will indicate the maximum number of /esidential dwelling units per gross acre that may be added :0 the base density. These additional residential dwelling units per gross acre are the maximum affordable housing density bonus (AHD~.) available to that development. Developments with percentages of affordable housing units which fall in between the percentages shown on Table B shall receive an affordable housing density bonus equal the lower of the two percentages it lies between plus 1/10th of a residential dwelling unit per gross acre for each additional percentage of affordable housing rental units in the development. For example, a development which has 24% of its :oral residential dwelling units as affordable mousing uni%s, and which has an affordable housing density bonus rating of "four" will receive an affordable housing density bonus (AHDB) of 4.4 residential dwelling units per gross acre for the development. Where more than one type of affordable housing unit (based on level of income and number of bedrooms shown in Table A) is proposed for a development, the affordable housing density bonus for each type shall be calculated separately in Table B. After the affordable housing density bonus calculations for each type of affordable housing unit have been completed in Table B, the affordable housing density bonus for each type of unit shall be added to th~se for the other type(s) to determine the maximum affordable housing density bonus available for the development. In no even: shall the affordable housing density bonus exceed eight (8) dwelling units per gross acre. AGENDA ITEM . JAN 0 ? 1997 Pl. ~ Appendix A. Exhibit B ATTORDABL£ ~OUSINO D£NSITY SON'US RATZNG $YST£M LEVEL NU'M~£P Or BEDROO~$/UN2T OF HOUSEHOLD INCOME EFFICIENCY 2 ] OR AND I MORE MODERATE (OWNER-OCCUPXED, SINGLE-F~M~LY) LOW (O~ER-OCCUPIED OR RENTAL SINGLE-FAMILY OR MULTI- F~MILY) VERY LOW (OWNER OCCUPIED OR RENTAL, SINSLE- F~{ILY OR MULTI- F~ILY) 0 3.' 2 3 4 3 4 5 cluster hcu$ing developments in the Urban Coastal Fringe. density bonus to obtain 2. TABLE B: AFFORDABL£ HOUSING DENSITY BONUS (RDDITZONAL AVXILA~LE DWELLING U~ITS PER GROSS ACRE) AFFORZABLE ~"~'"~ ~ENS;TY BC::US PJ~TiNG % OF AFFORDASLE MCU$I::G UNITS ~ 2O% ~:% 4O% ~_ 0 0 1 2 2 0 : 2 3 3 2 3 4 5 4 3 4 5 5 4 5 7 8 Please calculate your density Bonus in the space provide~ below. Xttach additional pages £~ necessary. Page 3 cf 4 JAN O? 199 1 i Appendix A, £xh~oLt C moderate income il Bl% ~o ~00% of t~e median income, iow income £A to 80% of ~he median income and very ~o~ income IA leos than 50% of ~ed~&n P~rAuAnt tO tho I~pAct Foe Ordinance0, Adop~ad ~y the Board of County $46,8~0 ]. 2 3 4 S 6 ~ 8 :~0; 34,200 39,0¢G 43.900 as,acc Sl,voo S6,60c 60,BO0 64,400 80% ~.3~0 3~,250 3S,ISO )9.0S3 42.253 4S,300 48,400 52,S50 60~ 2~,520 23,4~0 26,240 29.280 3~,620 33,9~0 36,300 38,640 $:% ~,~CC ~9,$~0 2~9SGC 24,4~ 26.3S~ :B,3:0 30,2S~ 32,20~ C~ier C¢~h~7 ~C~O~n~ Aut~or;t7. ALLO~A~C£ 52 SS 13~ 2/96 P&~e 4 of t AGE~DA ITEJ~. 0 ? 1997 P~. APP£NDiX D~velop~= A~91~¢a~:ion For Affordable ~ous~g D~$~=¥ Appendix C Developer Application Yor Xffordable Housing Dena~ty Bonus Pursuant to the requirements of the Collier County Affordable Housing Density Bonus Ordinance No. 90-89, Section 6.4, please complete this form and submit It with any accompanying documenta- tion to the Development Services Director, 2800 North Horseshoe Drive, Naples, Florida 33942. A copy must also be provided to the Housing and Urban Improvement Director. All items requested must be provided. 1. Please state what zoning districts are proposed by the applicant, if any, on the property and the acreage of each; with the affordable housing density bonus? V/ Yes No If yes, state date of application /~,~&.r ~ ~ /9~ request has been approved, state the Ordinance number Has an app!~catlon for rezoning been requested in conjunction and if the Gross density of the proposed development../6. ~ units/acre. Gross acreage of the proposed development. ~.a'~ acres. 4. Are affordable housing density bonus units sought in conjunction with an application for a planned unit development (PUD)? J Yes -- No. If yes, please state name and location of the PUD and any other identifying information. 5o Name of applicant Name of land developer if not the same as applicant Page 1 cf 3 ,.lAN 0 7 1997 Appendix C 6. Please complete the following tables as they apply to the proposed development. T~BLH X Total 1~mber of Unite in Development Type of O~er Unit Rental Occunied Efficiency One Bedroom T~O Bedroom Three Bedroom ~-~ Other Bedroom TOT,.~ , .2y~ G TABLE II MODERATE INCOME Efficiency 1 Bedroom 2 Bedroom 3 Bedroom Other TOTAL LOW INCOME Efficiency I Bedroom 2 Bedroom 3 Bedroom Other TOTAL Number of affordable ~ousi~= Units Total Number of Affordable Units in Development Proposed Use for Density Bonus Units Rental Owner Rental O~er Occunie~ Occupied 0 115' 4~ o Page 2 of 3 O JAN 0 7 1997 Append£x C Developer Application For Affordable Rousing Density Bonus TABLE II (Conti2tled) Total Number of Affordable Units 'in Development Rental Owner OccuPied VERY LOW INCOME £fficiency I Bedroom 2 Bedroom 3 Bedroom Other Proposed Use for Rental Owner Occupied Please prow:de a physical description of ~hd affordable units by type of unit (moderate, low, very low Income, and by number cf bedrooms. Include in your description, for e~ample, the square footage of each type of unit, floor coverings used throughout the unit (carpeting, tile, vinyl flooring); window treatments; appliances provided such as washer/dryer, dishwasher, stove, refrigerator; bathroom amenities, such as ceiling exhaust fans~ and any other amenitles as applicable. Attach additional pages. 8. Please supply any other infor=ation which would reasonably be needed to addres~ this request for an affordable housing density bonus for this development. Attach additional pages. JAN 0 ? 3997 Item '7 Refer to Appendix A, £.x~bit B for breakdown of number ot. units, number of'bed rooms per unit, and number of.nits by type All of the units sha]] have the following finishes Ceilin8 Appli~ces Window Treatments Dryw~ Dryw~ except rot ~ tile or fiberglass in mb arm Vinyl in ut,llty rooms, bathrooms ~ khche~, carp~ elsev.'here D~shwL~er, range a.~ ref~gerator Ru'n~shed by landlord Washer and dryer hookups also provided by landlord (An on-site coin laundromat would be provided for residents ) Mini-blinds or vertlca~ blinds to be furnished by landlord Floor Areas One bedroom udts Two bedroom umts Three bedroom units RecreationaJ Facilities 250 to ?$0 sq ~ 750 to 1,000 sq R 900 to 1,200 t,q ft A swim. nB pool. vo~l~'bgl ante'or basketball court, and clubhouse would be provided tot residents The clubhouse would include indoor recreational facilities such ts exerdse equipment room and pooL/ping pon8 tables Th,: clubhouse would be a portion et' the bui]dLng tint would also house the rental off:ice A cl'fildren's playground or tot-lot would aJso be constru~ed by the d~eloper Item Please see the PUD Documem.~U'D Master Plan and narrative le:~a' for more details regarding this projec~ Appends, D LEGAL DESCRIPTI(~N The subject property be,rig 24 00 ac-es, an¢ Iocar~ ~n Se~'x=n ~ Township 50 Sou~, and Range 26 East.. ~s OescrC, e~ as Ail that part of .e, ection 32. Townsh~ 50 North and East of the Tam,arm Tra,! (U S Florida, LESS AND EXCEPT a panel described as Beginning at the intersection of Northeasterly right-of-way line of ~ Tamm~ Tr*a4 pJ S ~ 41) run North 89°57'30- East 188 80 feet along me sa~ No~ ~ o~ Sect,c~ 32. thence South 58~18'30' West 147 09 fee{ to the sad rg~-way ~,e thence Nod, h 39~31'30' West 100 {30 feet ak:~ng sad ngh~-of.,w~ bne to the point of beginning. ~ ~~OR OTHER WO~.OESTROYI~ ORG~SM· ,,:.~ ~...,..., ..... 8r;~NG CONTRACT M;~ PART,tS a. DV,SEC TO SEE~ LEG&~ C~UNSE~ THE P~TIE$ A~E NOT ~EOu~ED TO ~E ~Y ~&~. ~ORM OF CONT~&CT TERM~ A~O ~ONOITION$ ~UL0 BE NEGGTtATEO BASED UPON TH~ RESPECTIVE ~NTERESTS ASSOCIATION ANO BOAROS O; REALTORS ~S NOT C~UTE ~ OPINION T~T ANY OF THE TERMS AND CCNOIT~OP~S IN THIS SHOULD BE ACCEPTED BY A PAR~ I~ A P~TI~R TR~SACTION ~IS IS A LEGALLY BtNOl~ CONTRACT FORM P*a~ ACKNOWLEDGES THAT PRIOR TO SIGNI~ ~E C~RACT THE CLOSI~ EXPENSES HAVE BEEN EXamiNED AND T~AT BEEN ADVISED BY THE REAL ESTATE BROKER OR AGE~ TO SEEK LEG~ COUNSEL AND ~E ~NSUR~CE TO PROTECT. PARk'S I~TEREST IN CONNECTION ~H THE TITLE STAT~ ~0 CLOSING OF ~IS TRANSACTI~. B~ER AND SELLER APE TO CONSULT AN APPROPRIATE PROFESSION~ F~ LEG~, T~. PROPER~ C~OITION. ENVIRONMENTAL. ~ND 0T.ER SPECIALIZED ADVICE. TIMECFPERFORMANCEANOREMEDIES T~~el~fle ffB~s~t~B~e's~at,~s~e~ce. RAOONGASDIS~LOSUREIENGRGYEFF~CIEN~ ~w~u~es~ga,K~s~os: R~d~a~c~n; BE:C, mE S~GN~NG. T~E PART~ES ~.tA','E REVIEWED TlqE AD~,TK~NAL TERMS AND CONDITIONS NUMBERED t.18 ~ PAG[S ONE THIS CO~TRACT. PRIN~NAME Rock~el~ ~. Gustr ~=., Pres~de~: 2 BUYER Circle one DEPOSIT RECEIPT ]cas~or~.~'/'c~gF~le,d ~/'~ /~ ..199~.: AGENDA~M ~0, ~ JAN 0 ? 1997 // ADD£h~UM TO SALES CONTRACT BETWEEN: Diane M. McAlear and Kurt P. Puc~.as, Co-Trustees c~ Puch~as Land Trus: ('Seller') and G & G Development Os.potation ('Buyer"). FOR PURCHASE OF THE FOLLOWING DESCRI~£D REAL PROPERTY: All that part of Section 32, Township $0 South, Range 25 East, lying North and East of the Tamiami Trail [U.S. Highway 41), Collier County, Florida, LESS A/~ EXCEPT a parcel described as follows= Beginning at the intersection of the North line of said Section )2 with the Northeasterly right-of-way line of the Tamiaml Trail (U.S. Highway 41), run North 89*57'30, East South 58'18']0" West 147.09 feet to the said right-of-way line; thence North 39e31,30· West 100.00 feet along said right-of-way line to the 9sin: of beginning. This Addendum is executed by Seller and Buyer to supplement the Sa!es Contract as aforestated. Notwi:hstanding the printed or typed provisions of the Sales Con=fac=, the following provisions shall apply: OTKER T~RMS ;I~D CONDITIONS: a. Inspection Period. · Buyer shall have One Hundred Twenty (/VI'O} days from Effec:ive Date to conduct such tes=8 6r studies as it may deem deslrable to determine if the Real Property is sui%able for its intended purpose (the ":nspec=ion Per~od"). If Buyer determines the Real Property is unsuitable wlthin said Inspection Period, the Buyer0s deposits(s) shall be re:urned to Buyer and ne~=her party shall have any further to the other. If Buyer 'determines the Rea! Proper:y uns~itab!e, it shall provide Seller with any con'es ~' env~ron,,~ental ,nd englneering report,. ~ ~ -' an70 b.' · · ~ ...... · - ,. . pettish Pe~ ', Buyer shall have an aaol:lonal one Hun:red Twenty ~3~) days to sec%re a development and financing partner ~'6 finance and construct a mu!tifamily affordable housing development at a density of 11 units per gross acre on the Real Property, and to apply for and receive all necessary final governmental approvals, including but not limited to, rezoning and final site development plan approval for Buyer ~o finance and construct a mu!tifami!y affordable housing development at a density of eleven {11) units per gross acre on the Real Property (the "Contingency Period"). If Buyer is unable to secure the afore-referenced partner and gove.-nmenta! approvals within the Contingency Period, Seller or Buyer may elect to terminate the Sales Contact and Buyer's deposits shall be returned to Buyer. Cluing o~ the Sales Contrac= shall occur within sixty I~F~ days of Buyer having secured the afore-referenced pa.w~ner and governmental approvals. The Sales Contract is freely ,.~.~; ~,~Buyer. Young, van Assenderp~rnadoe',~.A: is designated as Es%row Agent. Interest on deposits shall be paid or credited to Buyer unless Buyer defaults. Buyer, and its agents, employees, and other represents:ives shall have the right to enter upon the Real Property at all reasonable times prior to =he closing for the purposes cf - P , such tests, studies ~ · JAN 0 7 ]997" ~yer deems neceasa~%, o~ a~propriate. Seller agrees co cooperate wi:h Buyer during the Inspection Period an~ she Conc£ngency Period, and to execute any and all such convert!eh= ~n connec=ion with =he Inspection and Con=ingenc7 Periods sn~ wi:h Buyer'l £n=en~ed use of the Realty A~¥isors of Southwest Florida, !nc. shall act as a transactional broker an~ shall r~ce£ve aS~:'.-:n B~R~ G & G DE~LOPM~ ~ock~e~ T. Gust, J~. President 2, 264-25-057~ SELL£R= PUCK~..AS LA.ND TRUST BY: D~ane N. McAlear Co-Trustee -- .. ~urc P. Puchhas Co-Trustee 2of2 0 ? 1997 RECOMMENDATION THAT THE BOARD OF COUNTY COMMISSIONERS APPROVE INTERLOCAL AGREEMENTS BETWEEN COLLIER COUNTY AND THE INDEPENDENT FIRE DISTRICTS WITHIN COLLIER COUNTY AND INTERLOCAL AGREEMENTS BETWEEN NORTH NAPLES AND THE ISLE OF CAPRI AND OCHOPEE FIRE CONTROL DISTRICTS TO PROVIDE FOR FIRE PLAN REVIEW OF CONSTRUCTION PROJECTS. OBJECTIVE: To have the Board of County Commissioners approve Interlocal Agreements between Collier County and the Independent Fire Districts within Collier County and Interlocal Agreements between North Naples and the Isle of Capri and Ochopee Fire Control Districts. (~ONSIDERATION$: Florida State Statute, Section 553.79(2) requires review and approval by both the Building Official and the appropriate Fire Inspector of plans and specifications for the construction, erection, alteration, repair or demolition of any building before a permit for such work may be issued. Currently, fire plan review is conducted by a Plans Review Specialist in the Building Review and Permitting Department. Fire inspections are conducted by the fire districts. At times, disagreements amongst the professionals involved in the processes can slow down the permit/construction process until the Building Official and applicable Fire Chief can resolve the problem(s). In late 1994, Community Development and Environmental Services staff were approached by representatives of CBIA, the Golden Gate Fire District, and th'e North Naples Fire District concerning a proposal that would shift fire plan review to the fire districts from Collier County Government. The Independent and Dependent Fire Districts within Collier County propose to enter into an Interlocal Agreement whereby one individual Plan Reviewer is assigned to the Development Services Center to represent all the fire districts. This Plan Reviewer would become the Fire Code Official and would be employed by the North Naples Fire Control and Rescue District. He/she will be responsible for the review of building plans related to fire codes. All of the Independent Fire Districts have approved this proposal. The location of this individual in the Development Services Center will enhance customer service to the system users. The appointment of one individual to represent all fire districts will best serve Collier County as it will provide consistency in the interpretation of the fire codes. 0 2 1997 This Agreement is designed to continue fo provide for an expeditious, high quality fire plan review and fire inspection process for new construction within the boundaries of the fire districts by delineating the responsibilities of the County and the fire districts in order to enhance service to the citizens of Collier County. FISCAL IMPACT: The fire impact fees and fire inspection fees will remain the same. In 1994, a fire plans review fee was established to subsidize the Fire Plans Review position. This fee is currently paid into Fund 113. Previously the position had been subsidized by the other building permit fees. With approval of this Interlocal Agreement, the fees collected by the County would be transferred to the fire districts. The amount collected for fire review fees in Fiscal Years 94/95 and 95/96 were $162,178 and $167,911 respectively. The proposed cost analysis submitted by the fire districts estimates their annual costs to perform the reviews would be just under $11 !,600. OFFICE OF FIRE CODE OFFICIAL COST ANALYSIS ANNUAL SALARY: $37,000 tO COSt Or LIVING: TO be added annually BENEFITS; A} Wo'ker$ Comp B} Retirement C) Social Security Health Insurance SUBTOTAL E) Uniforms (5 sh['ts/IDants. 1 windbreaker, 1 shoes) MILEAGE COUNTY ADMINISTRATION {Per Yeor}: Note: This was derived from 1/5' of salary of Clerk; A!so includes mailoutJ START.UP EQUIPMENT: A) Computer purchased through County w/upgrade, and training w/County employees f5 hrs./5 do~) Annual computer Fee C) Operating Supplies )per year) Telephone Monthly Basic Rate j'~450 pet' ~.) Rental SPace $12 per sQ. It. [9'X 13' =~ 117 sQ. ft. = $t.404 per mo.) FJ Code Books: as needed a~d mtemtbership tees O) Outside training for on-going CEU'$ per yr. H] Fut'nishings thai ore included with space rented from Collier County as follows: desk. ¢lro~ting table, file cabinets, choirs, answering machine. telemhone and book shelves. CONTINOENCY 3 TOTAL Max. Starting Salary $45,000 $ 4,203.00 $12,415.50 $ 3.442.50 $ 3.888.00 $23,949,00 $ 383.0O $ 2,0OO.OO S 7,50O.0O $ 4.051.00 1,10O.00 650.0O 1,50O.00 6,848.0O $1,50O.00 $1,800.00 $ 5.313.90 $111,591.90 JAN 0 7 1997 The proposal includes a provision that the Fire Code Official would be an employee of North Naples Fire District. This District would serve as the administering agency for the Agreement. The various fire districts in the County have signed individual Agreements with North Naples to ensure that fire plan review services are performed for all districts, not just North Naples. A copy of the Interlocal Agreements for the Isle of Capri Fire District and Ochopee Fire Control District are attached. If the Agreements are approved, the Building Review and Permitting Department will recommend to the Office of Management and Budget thai the open Plans Review Specialist (Fire) position be eliminated in the FY 98 budget. The proposed Agreements received unanimous suppod from the Development Services Advisory Committee on November 6, 1996. GROWTH MANAGEMENT IMPA(~T: None. .RECOMMENDATION: That the Board of Cour. ty Commissioners approve the Interlocal Agreement between Collier County and the Independent Fire Districts within Collier County and Interlocal Agreements between North Naples and the Isle of Capri an¢ Ochopee Fire Control Districts. PREPARED BY: Edward $. Perico. Director Building Review and Permitting Community Development and Environmental Services DATE: ,JAN 0 ? 1997 PI. '~ INTERLOCAL AGREEMENT This Intcrlocal Agreement ("Agreement") is made and entered into by and between Collier County., a political subdivision &the State of Florida, hereinafter referred to as the "COUNTY," and the North Naples Fire Control and Rescue District, Golden Gate Fire Control and Rescue. District, Big Corkscrew Island Fire Control and Rescue District, Immokalee Fire Control District, East Naples Fire Control and Rescue Dis~"ict, Ochoppee Fire District, Isle &Capri Municipal Rescue and Fire Sen'ices Taxing District, and the Marco Island Fire Control District. hereinafter collectively referred to as the "FIRE DISTRICTS." WtIEREAS, the Florida Interlocal Cooperation Act of 1969, § 163.01, Florida Statutes, authorizes the joint exercise of any power, privilege or authority which the public agencies involved herein might exercise separately; and, WI-iEREAS, the COUNTY and the FIRE DISTRICTS are public agencies, v.'ithin the meaning of the Florida Interlocal Cooperation Act and desire the joint exercise of power which each might exercise separately for the purpose of providing fire prevention with. in Collier County; and, WHEREAS, Section 553.79(2). Florida Statutes, requires review and approval, by both the building official and the appropriate fu'e inspector, of plans and specifications for the construction, erection, alteration, repair or demolition of any building before a permit for such work may be issued; NOW, THEREFORE, in consideration of the foregoing recitals and the mutual promises. covenants, and duties hereinafter set forth, the COUNTY and the FIRE DISTRICTS formally covenant, agree and bind themselves as follows: SECTION ONE: Purpose. The purpose of this Agreement is to provide for an expeditious, high-quality fire plan review and fire inspection process for ne',,,' construction, construction projects and existing structures within the boundaries of the FIRE DISTRICTS by delineating the responsibilities of the COUNTY and the F1RE DISTRICTS in order to enhance sen'ice to the citizens of Collier Count.,,'. SECTION TWO: Definitions. The follo'~".ing terms as used in this Agreement shall be defined as follov,'s: ADMINISTRATIVE DISTRICT - North Naples Fire Control and Rescue District. ASSISTANT FIRE CODE OFFICIAL - An individual who is employed by one of the FIRE DISTRICTS. and ,.,.'ho sen'es in the absence &the Fire Code Official pursuant to this agreement. AG[NDAJTE~. _ ,JAN 0 7 1997 Pi. ~ BOARD - The Collier County Building Board of Adjustments and Appeals as established in Division 5.4 of the Collier County. Land Development Code. BUILDING CODE- The Code adopted as the Collier County Structural/Building Hurricane Code, Ordinance No. 96-26, as it may be amended or superseded. BUILDING OFFICIAL - The Collier County Building Review and Permitting Director or his designee. COUNTY - The general purpose government of Collier County, which is a political subdivision of the State of Florida. FIRE CODE - The Collier County Fire Prevention Ordinance, OrdNance No. 92-72, the State Minimum Fire Safety Standards and the State Fire Marshal's Uniform Fire Standards set forth in Chapter 633, Florida Statutes and any successor or amendment thereto during the life of this Agreement. FIRE CODE OFFICIAL - The individual appointed by the FIRE DISTRICTS and employed by the Administrative District who is responsible for the following duties: 1. The accurate and timely re,dew of building permit applications, plans and specifications for compliance with the applicable Fire Code; 2. The establishment and maintenance of fire inspection criteria to assure that the Fire Code is consistently' applied throughout the COU,'NTY; The performance of timely and appropriate ins~ctions of permit'ted buildings for compliance with the Fire Code and building plans approved for Fire Code compliance; 4. The performance ofstatutor2..' functions ofthe Fire Marshal and Fire Code Official for new construction; and. 5. Providing Collier Count,.' v.'ith assistance in updating the Fire Code and related ordinances. FIRE DISTRICTS - The independent £n'e control and rescue districts operating within Collier County, including North Naples, Golden Gate, Big Corkscrew Island, Immokalee, East Naples. Marco Island and the dependent districts of Ochopee and Isle of Capri. FIRE SAFETY INSPECTOR - The individual appointed to carry out the functions identified by and referenced in Chapter 553, Florida Statutes, Building Construction Standards, and Chapter 633, Florida Statutes, Fire Prevention and Control. Such individual must be certified by the Division of State Fire Marshal pursuant to § 633.05, Florida Statutes. The term as used in this Agreement may refer to the Fire Code Official, the Assistant Fire Code Official or a Fire Inspector employed by one of the FIRE DISTRICTS. NEW CONSTRUCTION OR CONSTRUCTION - These terms include an:,, construction, erection, alteration, repair or demolition ora building. SECTION THREE: Administration of Fire District Duties. In order to implement their duties and obligations under this Agreement, the FIRE DISTRICTS have entered into separate interloeal agreements with the Administrative District. The FIRE DISTRICTS represent to the COUNTY that the Administrative District is authorized by these interlocal agreements to employ personnel, lease office space, receive payments, disburse funds, and otherwise operate to represent the FIRE DISTRICTS and administer the FIRE DISTRICTS' duties under this Agreement. The COUNTY, b~ed upon the FIRE DISTRICTS' representations, agrees to recognize the Administrative District as the FIRE DISTRICTS' agent for the implementation and administration of this Agreement. SECTION FOUR: Qualifications of Fire Code Official and Assistant Fire Code Official, The FIRE DISTRICTS agree to provide a Fire Code Official and an Assistant Fire Code Official. The Fire Code Official shall have the following qualifications: 1. A minimum of ten (10) years experience reviewing construction plans for Fire Code compliance. A combination of training and experience may be considered. A Fire Protection Engineering Degree is preferred, but an otherwise qualified candidate with an Associate Degree in Fire Science or Fire Administration with a combination of additional training and experience is eligible for the position. 3. Fire Service experience including fire district operations and fire prevention is desired. 4. Experience in National Fire Protection Association codes and Model Code interpretation and enforcement. 5. Certification as a Florida Municipal Fire Inspector. 6. Managerial skills that can be demonstrated either by experience or training. The ability to provide a precise, technical and timely examination of construction plans and specifications for the purpose ofdetermining adequacy of fire and life safety features. o All legally required licenses and o:rfifications to fulfill his or her duties as outlined in th~s Agreement inelud~g, but not limited to, all licenses and certifications that may be required by Section 553.79 and Chapter 633, Florida Statutes, as amended from time to time. , The ASSISTANT FIRE CODE OFFICIAL shall meet the minimum qualifications set fortfi in paragraphs 3-g above, and must have a minimum of five (5) years experience reviewing construction plans for Fire Code compliance. It shall be the responsibility of the AdmirfisU'ative District to ensure that the Fire Code Official and Assistant Fire Code Official have and maintain the qualifications outlined in this section. SECTION FIVE: Fire Plan Review Procedure. The Fire Code Official shall re~,iew the building construction plans and specifications of all new construction and construction projects, except for one and two family dwellings, for compliance with the Fire Code. The COUNTY shall provide copies of all commercial and multi-family building permit applications with plans and specifications as submitted by the applicant. The Fire Code Official shall review such applications by the end of the 3'd wot 'king day following the day the building permit application is received. Single family and duplex residential plans shall not be part of the fire plan review process. The Fire Code plan review shall be performed b)' the Fire Code Official while COUNTY staffis reviewing separate copies of the building plans for compliance with the Building. Plumbing, Mechanical, and Electrical Codes and performing other reviev,,s that are pefformec/, by COUNTY staff. After completing his review, the Fire Code Official shall submit the reviewed plans along with his comments lo the COUNTY for the COUNTY'S review and to assure consistency with the Building Codes (Plumbing, Mechanical, Building and Electrical Code). Any inconsistencies shall be resolved pursuant to Section Ten of this Agreement. After the construction plans have been reviewed and approved by the COUNTY and Fire Code Official, the Fire Code Official shall deliver one (I) copy of the plans to the particular Fire District in which the construction is to occur. The Fire District hereby a~ees to critique, with respect to the Fire Code, the review of the plans by the Fire Code Official. JAN 0 7 1997 5. The Fire District shall, witkin three (3) working days after receipt ofthe plans, notify the Fire Code Official of any objections or comments the Fire District may have with regard to review and/or modifications &the plans. SECTION SIX: Required Inspections and Fees. l. Inspections During, Construction of BuJld{ngA. The FIRE DISTRICTS agree to perform the following inspections during construction of buildings and the COUNTY agrees to pay the Administrative District at the rate provided in Collier County Resolution No. 95-642, and any amended or successor resolution, for the inspections. Unless otherwise noted herein, the current rate is $.012 per square foot &gross floor area for buildings less than 75 feet in height and $.017 per square foot ofgross floor area for buildings 75 feet in height and above. (a) Fire stopping / Draft ~topping (1) At time of ~lation of penetrations through rated assemblies (b) Temporary Stand Pipe (1) After third floor (2) Location (3) Inspection at each floor (4) Fire department access (5) Operation (c) Exit Lights (1) Location (2) Type (3) Operation (d) Smoke Detectors (1) Location (2) Type (3) Operation (e) Heat Detectors (1) Location (2) Type (3) Operation (f) Doors ( l ) Type (2) Rating (3) Self closures (4) Panic hardware AG[~DA IT[M. . JAN 0 7 1997 (g) (5) Lock~ (6) Operation Emergency Lighting ( I ) Type (2) Location (3) Operation (h) Trash Chute (1) Location (2) Rating (3) Sprinklers in chute (4) Sprinklers in trash room (5) Height at roof (i) (~) Emergency Generator Operation Elevator Operation During Alarm (k) Fire Department Access ( 1 ) Fire lanes (2) Turning radius (3) Obstructions (1) Notice of Compliance Inspection (m) Stand Pipes ( 1 ) Fire hose cabinets aa) Location bb) Fire hose i) Location ii) Type iii) Length iv) Nozzle (2) (3) (4) (5) Pressure test Location Location of fn'e department connection Roof manifold aa) Location bb) Pressure (6) Operation 6 AG£~DA. IT£M ,JAN (n) Fire Pump ( 1 ) Type (2) Size (3) Valves (4) Flow switches (5) Tamper switches (6) Location (7) Operation (o) Fire Alarm (I) Speakers aa) Type bb) Location cc) Operation (2) Pull stations aa) Type bb) Location cc) Operation (3) Phone jacks aa) Type bb) Location cc) Operation (4) P.A. system (5) Tape/alarm system (6) Central control room (7) Operation of alarm ~) Fire Extinguishers (I) Size (2) Location (3) Type (4) Service Tag AGEND&r~M .0. JAN 0 7 1°.97 .2. ,Construction Project Inspection~ The FIRE DISTRICTS agree to perform the following inspections and the COUNTY agrees tb pay the Administrative District at the rate provided in Collier County Resolution No. 95-642, and any amended or successor resolution, for the inspections. (a) Fi.re Sprinkler System Im'tallafions The following im'pecfio~ shall be performed at the rate of $.58 per spriv~er head: (]) (2) (3) (4) (5) (6) (7) (8) (9) Pressure test Pressure test after 2 hours Location of head Type of heads Fire department correction Location of fire department connection Gauges Operation Notice of compliance inspection Hood System Installation or Spray Booth Installation The follov, ing inspections shall be conducted on kitchen hood systems or spray booths with dr3.' chemical, carbon dioxide or halon systems at the rate of S5.00 per head: (1) Piping (2) Heads-location (3) Size (4) Type (5) Service tag (6) Fan (7) Height (8) Clearances (9) Operation (10) Notice of compliance inspection (c) Flammable Liquids and Gas Tank Installations The following inspections shall be performed at the rate of $39.00 for the first 5,000 gallons and $16.00 for each additional 20,000 gallons or any fi.action thereof: (1) Location (2) Anchoring AGENDA IT£M , ,, JAN 0 7 199 I (3) (4) Piping Notice.. of compliance inspection (d) Fire Hydrant Installations The following inspections shall be performed at the rate of $23.00 per hydrant: (1) Tl'u'ust block inspection (2) Type (3) Height fi.om streamer to ground (4) T'm-~ (5) Location (6) Access (7) Notice of compliance inspection (e) L. P. Gas Installations The following ~tions shall be performed at the rate of $36.00 for all tanks or taak systems ~eater than 24 gallon capacity or 100 pounds liquefied petroleum (L.P.) gas capacit2,.' and $14.00 for each additional 20,000 eallons or any fraction thereof: - (1) Location (2) Anchoring (3) Piping (4) Notice of compliance inspection (0 Minimum Fire Inspection Fee A minimum fee of S32.00 shall be charged for each inspection. 3. Re-inspection fees. The COUNTY shall pay the Administrative District in accordance with the Collier Count3' re- inspection fee schedule found in Collier County Resolution 95-642, and an,,' amended or successor resolution, for eyeD' properly documented reinspection conductec[ bv the FIRE DISTRICTS. · .4. Certificates of Occupancy. No Certificate of Occupancy shall be issued until a determination is rendered by the Building Official, or his designee, that the construction is in compliance with the Collier County Building Codes (Plumbing, Mechanical, Building and Electrical Code) and a Notice of Fire Compliance has been issued by a FIRE DISTRICT. AGENDA JT£~,t , JAN 0 7 1997 ,5. Collection and Disburse. ment oflnspectior~ Fees. The COUNTY shall be responsible for the collection and disbursement of fees to the Administrative District, including building plan review, fire inspection fees and fire reinspection fees, based upon information provided by the Fire Code Official and the FIRE DISTRICTS. Disbursement to the Administrative District shall occur by the twentieth (20*) working da)' following the l~t day of the calendax month in which the fees were collected. SECTION SEVEN: Required Inspection for Existing Structures. The FIRE DISTRICTS agree to perform the following inspections on existing structures within their districts at no chm'ge to the COLrNTY. These inspections to be performed include, but are not limited to, the following 5'pcs of inspections: (a) Fire Extinguishers (1) Type (2) Size (3) Location (4) Height (5) Service Tag Means of Egress (l) Fire Rating (2) Doors (3) Emergency Li~ting (4) Obstruction (5) Travel Distance (c) (d) Fire Sprinkler (1) Existing Fire Sprinkler Systems shall be inspected per NFPA 25. Fire Alarms (1) Manual Pull Stations Locations (2) Smoke Detector Locations (3) Heat Detector Locations SECTION EIGHT: Position Funding. The position of the Fire Code Official shall be funded by the current funding operation. The current funding arrangement is that thc fire plan review fee, which is equal to 15% of thc I0 ABEND& I,TEM _ ,JAN 0 ? 1997 building (structural portion) permit fee, is collected by Collier County in accordance with Collier County Resolution No. 95-642, and any amended or successor resolution. The fire plan review fees shall continue to be collected by Collier County and forwarded to the Administrative District in the appropriate amount. The Administrative District shall utilize these funds to support the budget for the Fire Code Official. SECTION NINE: General. 1. The Fire Code Official shall represent all independent and dependent FIRE DISTRICTS in Collier County which are parties to this Agreement. 2. The COUNTY shall provide rental space within the Development Services building for the Fire Code Official to conduct his duties. Said rental space shall be provided in accordance with the Lease Agreement dated entered into between Collier County and the North Naples Fire Control and Rescue District, which Lease is attached hereto as Exlfibit "A." Said Lease Agreement addresses the amount of rent to be paid to Collier County for the Fire Code Official's office in the Devclopment Services building and also addresses issues such as access to the COUNTY'S computer system, office equipment and telephone system, as well as the provision of secretarial support to the Fire Code Official. 3. The FIRE DISTRICTS shall provide an Assistant Fire Code Official for thc Fire Code Official when he is unable to perform his duties for more than two (2) consecutive days. 4. The Fire Code Official's office shall be open during the normal business hours of other offices in the Development Services building. 5. The FIRE DISTRICTS shall l:,rovide Fire Safety Inspectors. in accordance with Chapter 633, Florida Statutes. to perform the required fire inspections listed in Section Six of this Agreement. The FIRE DISTRICTS need not provide certified firesafety inspectors to perform inspections of existing structures pursuant to Section Seven of this Agreement; however, these inspections shall be performed by appropriately trained personnel of the FIRE DISTRICTS. 6. The COUNTY shall provide the necessao' enforcement authority for the FIRE DISTRICTS to conduct plan review and inspections for new construction. 7. The FIRE DISTRICTS agree to continue to enforce the Fire Code on existing buildings and when violations are found the FIRE DISTRICTS, or any one of them, shall pursue enforcement through the Collier County Code Enforcement Board, State Attorney, or other agencies as allowed by law. The FIRE DISTRICTS, or any one of them, shall prepare and present the case to these agencies, perform all follow-up investigations and provide an), necessary documentation for future action by the FIRE DISTRICTS, or any one o£ them. with the agency involved. The COUNTY shall adopt the Fire Code(s) required by Florida Statutes and shall review amendments rrque~ed by the FIRE DISTRICTS. The Fire Code Official shall be ~n employee of the Administrative District and subject to the personnel policies and rules of the Administrative Dish-Jet. The Assistant Fire Code Offeial shall be an employee of one of the FIRE DISTRICTS and subject to that Fire District's personnel policies and rules. In no event is the COUNTY intended to stand in an employer-employee re]ationskip with either the Fire Code Official or Assistant Fire Code Official. SECTION TEN: Conflicts and Appeals. In the event of a conflict between the applicable minimum Building Code and the applicable minimum Fire Code, it shall be resolved by agreement between the Building Official and the Fire Code Official in favor of the requirement of the code v, hich offers the greatest degree of life safer)' or alternatives which would provide an equivalent degree of life safety and an equivalent method of construction. In the event that the Building Official and Fire Code Official are unable to agree on a resolution of the conflict between the applicable minimum Building Code and the applicable minimum Fire Code, the Building Official shall render a temporary decision to resolve the conflict. An applicant for a building permit may appeal an). decision made by the Fire Code Official and the Building Official or any temporary, decision made by the Building Official to the Board in accordance with the procedures stated in Division 5.4 of the Collier Count)' Land Development Code. Should construction continue during the appeal ora decision or temporary decision, it shall be at the risk &the contractor or permit holder. .. All decisions of the Fire Code Official and/or the Building Official and all decisions &the Board shall be in writing. Decisions &general application shall be indexed by Building and Fire Code sections and shall be available for inspection at the COUNTY'S Development Services building during normal business hours. In the event a conflict of code or interpretation develops between the Fire Code Official and a representative ofone of the FIRE DISTRICTS, the conflict shall be resolved by a committee &five (5) members to be know as the Fire B larci o~,~E~D^ U'~ .. 12 ~o. ~ ~. ,, ~ Adjustments and AHaeals. The per, ns on this committee shall be member~ of the Collier County F'n'e Marshals As~ciafion ("CCFMA"). The President of the CCFMA shall appoint the member~ to serve on any such corem;tree al:Id they shall operate in accordanc~ with the prc<edures attached as extfibit "B". Each committee member ~ have one (1) vote and any decision shall be rendered by . majority vote. All decisions of this committee shall be in writing and mailed to each Fire District, the Fire Code Official and the Building Official. Major field modifications shall be directed thru the Fire Code Official's office by way ora revision process. SECTION ELEVEN: Notices. Any notice made pursuant to this Agreement by the COUNTY to the Admini~tive District shall be in writing and delivered by hand or by the United States Postal Service, certified mail, return receipt requested, postage prepaid, addressed to the following: North Naples Fire Control and Rescue District, 1441 Pine Ridge Road, Naples, Florida 34109. All invoices and payments shall be sent to the North Naples Fire Contxol and Rescue District. Any notice required or made p~t to this Agreement by the Administrative District to the COUNTY shall be in writing and delivered by hand or by the United States Postal Service, certified mail, return receipt requited, postage prepaid, addressed to the following: Nell DorriL], County Administrator, Collier Cotmty Government Center, 3301 East Tam, ami Trail, Naples, Florida 34112 with a copy to Vincent A. Cautero, Administrator, or his successor, Community Development & Environmental Services Division, 2800 North Horseshoe Drive, Naples, Florida 34104. Any notice required to be provided to any FIRE DISTRICT shall be mailed to the Chief ofthe Fire Dis~ict at the f'Ere station in ~,~ch his office is located. SECTION TWELVE: Term and Termination. The Agreement shall remain in effect until terminated by either the COUNTY or the Administrative District. The COUNTY or the Administrative District may term;hate this Agreement with or without cause by providing written notice to all oLh~r parties to th~s agreement. Such termination shall be effective forty-five (45) days from receipt of such written notice. Lfan independent or dependent Fire Dis'a'ict that is a party to this Agreement wishes to withdraw from this Agreement, it shall provide written notice of its withdrawal to the COUNTY and the COUNTY shall have forty-five (45) days to give notice of termination to the Adrn;nistrative District if the COUNTY wishes to terminate this Agreement. If no such te~,.ination notice is shall be deemed modified to exclude the delivered by the COUNTY, this Agreement withdrawing district. 13 SECTION THIRTEEN: Entire Agreement and Amendment of this Agreement. This Agreement contains the complete and entire understanding of the parties. Other than as stated in Section Twelve, this A.m'eement may only be amended by a written instrument ~luly executed by the panics with the same formalities as the original. SECTION FOURTEEN: Termination of Prior Interlocal Agreements. Upon the effective date of this A~m'eement, all prior interlocal agreements between the COUNTY and the FIRE DISTRICTS on the same subject shall be terminated. SECTION FIFTEEN: Recording. In accordance with § 163.01(11), Florida Statutes, this Agreement shall be recorded by the Clerk of the Circuit Court in the official records of Collier County, Florida. SECTION SIXTEEN: Effective Date. This Agreement shall become effective upon its execution by the COUNTY and the FIRE DISTRICTS and its filing in the Official Records of Collier County, Florida. IN WITNESS WHEREOF, this A~eement was signed, sealed and witnessed on the respective dates set forth below. ATTEST: DWIGHT E. BROCK, Clerk Witness BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: DATE: NORTH NAPLES FIRE CONTROL and RESCUE DISTRICT Chairman 14 AGENDJ,~TEM 0 7 17 qtness Witness Witness Witness "'~'itness GOLDEN GATE FIRE CONTROL and RESCUE DISTRICT Chairm?n . Date: BIG CORKSCREW ISLANI) FIRE CONTROL and RESCUE DISTRIC~ By:~ Chairman IMMO~EE FIRE CONTROL DISTRICT Date: L/" ~ r' Witness Witness EAST NAPLES FIRE CONTROL and RESCUE DISTRICT Chairman Date: ~ t-, MARCO ISLAND FIRE CONTROL DISTRICT By: /~~ ~:~ J Chairma~ ' 15 JAN 0 7 1997 Date: ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA AS THE GOVERNING BOARD OF THE OCHOPEE FIRE DISTRICT By:, Date: ATTEST: DV~rlGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA AS TI:rE GOVERNING BODY OF THE ISLE OF CAPRI MUN~ICIPAL RESCUE AN"D FIRE SERVICES TAXLNG DISTRICT By: Date: APPROVED AS TO FOP~M AND LEGAL SUFFICIENCY: Heidi F. Ashton Assistant Count)' Attorney h:hfakmiscAinterlocal agreement fire disrriclsk9-16-96 16 1997 M E M O R A N D U M TO: FROM: DATE: RE: Bob Salvaggio Customer Services Supervisor Development Services Michael H, Dowling'~"~ Real Property .Specialist Real Property Management Department December 13, 1996 Lease Agreement for North Naples Fire Rescue District As requested, please find attached a copy of the format Lease Agreement naming Collier County as Lessor. A cop)' of the Imerlocal Agreement is also attached for your use. Please be advised that the Risk Management Department and the Of'rice of the County Attorney are required to review and approve the Agreement prior to approval by the BCC. If you would like this Department to prepare the Agreement, please adx4se me of same. I will be happy to prepare the necessary, documents. Please be advised that pursuant to BCC direction, if this Department is not involved in the preparation of' the Lease Agreement. a copy of the full.,.' executed Lease Agreement must be forwarded to this Department Please feel free to contact me at extension 8991 w~th an)' questions concerning this matter. Thank you. attachment as stated AGEN~A~ITEI~. JAN 0 7 1997 htferlneal ARreemen! tn he used when I,en,:e k prepared helween (':oilier ¢?mtnty nmi mt,thrr (;m,'erwtntetlfnl Al~ettry II~'I'I.:III,OCA I, A(;III:I:MI:NT Tills INTI':IH,J)(.'AI, A(;III':I':MI.:NT ix ent,,'fcd inlfl thN (lily (Dr _. 19_ . by and ~lwcen Chllicr Cnm~ly. n pfllldcnl ~d~divi~i,n i~r Iht Stale .F I:h,'i~(hc~cinall~r referred In ~ 'Co~y') and (hcrcinnncr rcl~rrcd ll~ ns" _') WIIEiJI.:AS. CJmnly m~d Cily nrc IIc~imt~R ~re~tlcrln~ herein And made fl pnrl hcr~:{~ in whiH~ C~m,y Ic,~c~ ~_. (hc~¢itmflcr reid,mi I. n~ "l)vmi~{.d I'~emi~e~") ' ' NOW. TIIEIJEFORE, in consideration nrlhe Demised Premises and rot good and valuable consideration receipt or which is hereby ack~mwledged hy h~lh parties. Ibc follows ' I This Infcrh~cal Agreemmll (hereimfll~r fcterrecl to a~ Agtecmem ) is entered into pursuant fo Ihe provisions or~ec~io. 16301. FI3rida Sfntutes. 2 Thi, Agreemcnf shall mn cnnc.rrenlly with the I,en~e Agr~emenl ~nr the Demised Premises. for the i,ilinl lerm m~d m~y ~cnewal /~'Hn ~f,fml in Ibc I,¢ll~c A~reemCal ~rom fhe d~fe o~ execution. The Lease Agrccmenl may he ,~ncwmf fi, mi mfdilitm~l It'~m. n~ prnviclcd Ibr h~ Ih~. I.¢n~ Agrccmenl. unless one party Lease Agreemcnl d~ys prior Io Ihe expiration o~lhe 3. AU notices required under Ihis Agremncnt shall be directed IO lhe following omccs 3301 E 'l'am{nmi Trail. Building Naples, Florida 33g&2 For DD. SS IN WITNESS WIIEREOF, lhe panics hereto have scl their hands and seals Ihe day and year first a~ve written ATTEST: DATED: DWIGHT E. BROCK. Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORJDA ATTEST: DATED. BY . Chairman BY. Approved as 1o form and legal su~ciency: Heidi F. Ashton Assistanl Counly Atlorne), AGEND.~IT£M... JAN 0 ? 19971 I,li^~li Tills I.I!ASli A(iI(I!I:MI{NT cnfefcd mtn thi,~ . day id'~ . ~C maillll[{ ~lklR~l I~ I I I~o,~:llcr ~¢~.al h: ns 'I,I~EI?, ~lili~d llllxllvl~llWl ofll~ gl.tic of I:h~"b, wl.~ n~nihn~ n&lr~: l: ]Jill I~ll 'raminmi T~il. Napl~. Florida ~4112, I~reinn~r ~fer~ Io a~ wI'rNESS E'rll ARTICLE I. Demised Pre,aisc% LESSOR hereby I~s¢l to LESSEE and LF~SEB hereby ~ f~ L~SOR ~ p~. sc?~ in Exhibit 'A' ~Oocnled ~t ) ~ch is ntlnc~ ~o a~ ~ a ~n of~:s ~. ~mn~cr cnll~ tie '~l~ P~mt,es'. ~illml~ i. II~ C~mly or Colh~r n~ I~ State or F~r~. for I~ pFrl~sC ARTICLE 2 Turm or I.en~ LESSEE shall have nnd hnld I1~: I~ml:cd Prcmi~c ~or a Icnn nf "TER~I" tX) ~mmcncin8 on . 19~X and cndm8 , 19XX LESSEE IS grant~ lit ~hon. provld~ TRR~I" (X) ~c:*r(~). umlcr thc ~;t,~ Icrm~ n~t ¢l.td,,~,~. except n~ tn II~ ro~l~l a~ml. as pro~ld~ hcrcm, by g~vmg wrlllcn nOllC~ o~ LESSEE'S Inlcnllon lo do so Io Ih~ LESSOR not Ires da)~ prior lO IbC c%plrahon Of Ibc I~schold ~tatc hcmby ¢r~l~ Said notice s~ll ~ cff~i~' u~ placement of Ibc not,cc m nn o~c~31 dcpos,o~' or Ibc ~nited State% Post Off, cc, R~isfc~ or Ccmfi~ Mad, Postage Prepaid ARTICLE .1 Rcm LESSEE hereby covcnnnls and ,qgn.:.~ Io pay as rent for Itt Demised Premise% thc sum of "BASE RENT" Dollars nnd O0/IO0 Ccnl.'~ (SX,XXX.XX) per nmmm m cqnnl monthly installmcms of "BASE RENT/I 2" Dollars and tX)/IO0 Cents (SXXX.XX) r.'~ch, all m advance on d',c firsl day o£cvct), calendar momh during Ibc term hereof If thc terms of this l~.asc commence or cad on a da,,. ot~cr than t~e first day of thc monlh, LESSEE shall pay base rem eq.nl to one th~rhclh (I/.1flth) of Ibc mor~thly base rem muhiplie~ by thc number of rental days of such fractional month LESSEE will also be responsible tot ~c pa.vmtnt ofadd,ional rent as provided for in ARTICLE 4 of Ibis Lease In the c~cnt LESSEE elects to renc%~ Ibis Lease. as pro,,idcd for in ARTICLE 2, thc rent set forth m ARTICLE 3 shall remnln Ihe same for the ensuing (?))'ear renewal term OR insert CPI or increase langun£e, ARTICLE 4 Othcr Ex~nses and Ch~re~ LESSEE shall pa)' all janitorial services and utility charges pertaining to the Demised Premises includmg, but not hmstcd lo charges for gas. clccfrioty, light, heat, air cond~homng, power, w'ater, seu, cr and telephone or olhcr comm,mcatton services used. rendered or stlpp[icd Ihcreupon ot in connection with thc Dcmtscd Pa.'raises If LESSOR elects to S.pld.~ uhhty sen'icc% and/or janitorial scrviecs, LESSEE agrees to p",y Ih¢ samc as addmonal rent ,,v~thm th~rt.~ (30) da',}1 of its reccip! of Ibc LESSOR'S bill o= invoice ARTICLE ~. ~odifications to Dcmiscd Premises additions to thc Demised Prl:miscs for LESSOR'S wrmcn approval, speciR..'mj Cxtcn! of thc dc~red nllcrnhnn, inHsrc,.~..Cmcnl' ehnnF.¢ , nr ndd~ti~n, along wilh II ~plcl~on Iiil~ Ibr such projccl LESSOR or its deslg~ wdl then h=~ llXl' approve or deny in ~lmg ~id r~uesl ~or changes, improvcmems, ahc~lions' not unrcasonabl} wilhhold ~s consent Io rcqmred or approprm~c ahcralions Prior to making any changes, aherations, additions or improvements to the Demised Premises, LESSEE will provide to LESSOR all proposals and plans for ahcrations improvements, changes or in v,~tmg L~C nature and Impro~cnl$, C[[CS or JAN 0 ? 1997 dcstg~ l(~ ~ml pnq~d~ or id;mq. Ilk.', ~m:h qtl¢,ce shall I~ ck:~mto. I Itq a dq:ntal to ltlch finite'Jr LES,c; EF. Ils I0 I,IL~.~l~li cn~'n:lm,~ m.I n~t~%~ ht ¢t~lt~Cfi~tx with nny n~mf~%~fIC¢, ~nlr ~k. C~l~, ~af~Cfi~, fll~ro~mc~tt, n(khl~t nr ~ll~fJ~l ~ nn}. atffl~n~ n~i~li~s. ~tt~s or impro~m~ts to lie ~mm~ Promises, 1o ~ a~ ~.ply with all II~ a~ ~utu~ appli~blc b~l, Colhcr. ~nd any and ~11 8n~m~fal ~gc~ci~ All ahcraho(ls, mlprovL'nx.'llt~ al~J add,ciera lo ~id ~i~ P~i~ s~ll at ~, ~ ~ ms~ll~, ~ d~ as att~c~ to t~ ~mhold a~ to ~ ~ pr~ o~ L~SSOR. P~ to tC~i~qti~ o~thiR ~qsc or any ~q~J IC~ I~. or mlhin thi~y (~) ~ t~fl~, if LESSOR which ~wr~ id,cml m. a~. ,r ii~Ni I1~ Ik'mt~l P~mi~ hy 1.1~1:1~. m~l r~tr nny da~s~ ~ lit ~mfmJ lerRtlll~Cq Ii). ~ttch ~ll~lV:lJ. nmi m I~illJl II~tC I.I~SOIJ tim)' Cm~pl~c ~id ~YalS and ~aln at LESSEE'S cxm.sc LESSEr.. covenants nnd agm.'s not 10 risc. OCCupy, stiffcr Or ~tt ~id ~iS~ P~im or ~. pa~ thc~oflo ~ used or ~cupi~ for an) pu~sc ~tra~ lo In~ or t~ ~lcs or ~ulati~s o~y pubh~ aut~rity ARTI~LE 6 ~ccss lo l~m,k~l ~cn~mhlc .,,hc~ m I.l:ggl:lL I. ~.lc~ mm Ired ul~l lie I)~m~l Prcm~e~ ~ nn~ pa~ 1~[ al all thereto, and I~)r Ibc p.rpn~cs al' m~l~chott f~r comphattc~ ~tfh thc pro~tsg~s o~ thll ~ Agr~nf ARTICLE 7 ~g~nt LESSEE covenants and agr~s not lo assign th~s ~se or ~o subl~ the w~ol: or ~). pa~ o[ Dcm,~ Prcm,~cs. or to ~rm~l ~nv other ~rson~ lo ~c.pv s~mc ~f~t t~e ~tfen ~sent o~LESSOR Any suc~ assignment ot s~blcilmg, even w.h tl~ con~nt o~ LESSOR. shall n~ ~li~ LESSEE IJ~bd,b ~or pa)~cnt of rent or other sums hereto provided or from the obhg~hon ~o ~ and ~ ~ by thc terms, condttmns a~d covcnm~ts of th,s ~sc ~c ncccplnncc o~ rent from an~.. other ~rson shall not ~ d~mcd to bca wawcr of an~ o~ Ibc pro~'isions o~ this ~asc or to ~ a consent lo thc assignment of ~sc or sublcmng of Ibc Demised Prcm~scs ^RTICI.E X Indem.,f} LESSEE. tn cons~dcratmn of Ten Dollars (S]O 00). thc tempt and sufl~c,cnc.~' of whtch Is hcrcb.~ acknowledged, shall ,ndcmm~'. defend and hold harmless LESSOR. its agents and employees from and against any and all habdtt} fstatufo~, or othcn,,'isc), damagcs, clatms, surfs, demands, judgrt~nts, costs. Interest and c'~pcnscs (~ncludmg. but no hm,tcd lO. atlom~..s' fccs and dtsburscmcnts both at trial and appcllatc levels) ansmg, d,rcctl} or indtrccll.~, From an) mjuo to. or doth of, an}' person or persons or damage to propcn), (inch~dmg loss of I,sc thcrcoF) rclated to {A) LESSEE'S usc of the Demised Premises. (B) an,, work or thing whatsocv~:r done, or an)' condmon crotcd (other Ihan b) LESSOR, its crnploFcts, agents'or contractors) by or on behalf of LESSEE in or about thc Demised Premises, (C) an}. conditton or thc Demised Premises due to or rcsuhing From an)' dcFauh by LESSEE in thc performance of LESSEE'S obligations under Ibis Lease. or (D) any act, omission ot ncghgcncc of LESSEE or its agtnts, co~tmctors, cmplo:,'c:s, sublcnanls, hccnsccs or tnwlccs In case an)' actton or proceeding is brought against LESSOR by rcn.qott oFn,y m~e or mnrc Ihc..'~F, I,E.~gEE ~dmll pay nil craig, nllnmo..q' fees. cxpcn.qc~ and hahd~ltCl resuhing thcrcrrom and shall dcrcnd s.ch action or proceeding d' LESSOR shall so rtqucsl, al LESSEE'S ex.nsc, by cmmscl rcasonnhly sntisrnctno lo LESSOR Thc LESSOR shall not be liable for any injury or damage to person or property caused by thc elements or by other persons in thc Demised Premises, or from thc street or sub-surface, or from an,~, other place, or for an.,.' interference caused by operations b)' or for a govtmmcmal authod~, in construe,on of a~y public or quasi-public works The LESSOR shall not be habit For any damages fo or loss o~. including loss due to pr~.' tbefl, an,, property, occurring on thc Demised Premises or an) part thereof, and the LESSEE agrets to hold LESSOR harmless from an}' claims For damages, except ~l~cre such damage or miun' is the re~uh of the gross negligence or willful misconducl of the LESSOR or tls cmplo.,.~s AG E N D~. ITEM., JAN 0 7 1997 T~il. Admmi~lrnh~ Ih,hhng. N:qd~. I:I~rKL% ~9fi2. rnr ~prov~l prior Io I~ ~~t or Ih~5 ~K Ag~I; aN Ihall Incht~ a ptnvini~ ~iri.I l~ (In) a~ p.~ ~.c. ~i~ Io Colhcr Wt~ m whimI I~] I.I~I:IL wl~ru~tl~Wt ~C~ll}I (1~ nu~h tx~ LI~S~G slunll ~K Iht~v (30) ~1 m ~ich I0 ~lam I~tCh add. ~(~al inlutance ' ' ARTICLE 10 ~{,qinten,qn~: LESSEE shall, at fl~tsole cost and expense, kccp Ihe D~:mfscd Premises clean at all tl~ cm~c Iht ~;..~, h~ I~ ClC;.k'(I ;md t',.~c~'l~'d mid I I';~1.1. all;all ;)~m~ nnd i~n~' ~11 ~tcc~ clcanm~ costs and c.ch Cn{l~ al)aH C~Wl~flhllC ;,l(hh().,~l rcm ~d.ch ~hall I~ pn,d b) LESSEE ~dun ICa (10) ~c~pt of ~r~t~a~ notice o~c~ts ~nc,rr~ h)- L~SOR ~c LESSEE, al n~ ~o1¢ c~t. ~hall repair nil damage Io I1~ ~s~ pr~ls~ ~us~ b)' LESSEE, ~t~ ¢mpln~.~t, 3r~ntt, nhl~.l~ml~,nI c~fraclnrt, g.ct~, m~,~%.{, hc~n~R, ~r ~c LESSEE, 31 ns sole cost. shall r~mo¥c from thc ~m~sed prcm~s~ m ac~r~ ~ath all apph~bl¢ talcs, laws and regulations, all sohd, liqmd, scm=sohd, ~nd gaseous trash and ~tc ~d of ~ natur~ ~hals~cr ~h~ch might accumulate and ar~s¢ ~rom thc o~mt~ons o~ ~ LESSEE'S business Stroh trash. ~;qstc and rcf~c shall ~ s~orcd tn closed coma~ncrs appro¥cd b? the LESSOR ARTICLE ~f Fadur¢ o1' L~.$.~r;~. tO :omlq.~ t'or nm¢l~ (()()) da~s ~th an~ malcrz~l pro~s~ o~ covenant of th,s wnncn nohc¢ to LESSEE. unless the dc~attl~ b¢ c,red ~lhm ~h¢ no~i¢¢ ~tt~ (or such add~li~;1 hm¢ ~'ts r~sonabl~' rcqmrcd to corrc¢l such dcfauh) Howc~cr, ~h¢ ~:urr~c¢ of an~ of the fo~l~¥mg e~ts shall ~nst~tutc a dc~aulc by LESSEE, and this ~sc ma), be tmmed~at¢l~ te~ma~cd b~ LESSOR (a) Abandonment o~Demised Premises or discontinuation of LESSEE'S (b) Fals=ficadon of LESSEE or an agent oF LESSEE oran) rc~n rcqu,rcd m ~ ~m~sh~ Io LESSOR pursuanl Io Ibc I¢~s o~lh~s Lease (c) Fdin; of msolven¢.¥, rcorganizalion, plan or arrangement or bankn~ptc:,. (d) Acf ud,cahon a.~ bnnkn,pt (¢) kLqk~n$ ora general ,qstigm~:n! Ol'lh¢ hcn¢fi! ol'crcdffors Il' LESSEF s.lI~:rs Ihts L. casc I0 b¢ laken under an.~ ~qr,! of c'u.'c.t~on In t~¢ event of the occurr,a'K~ of any ofth~ foregoin~ dcf'auh$ in this ARTICLE I0, LESSOR. addition to an}' other nBhts and tcmedi¢l it rna). haw, shall ha~e the immediate t~ht Io nt-e'nter ~d rtmeYe all personl a~d prol~ny from Ibc Dem!~c,~ Premise~ such prope~.~, ma.¥ be remo'~d and stored in a pubhc warehouse or ~:Iscwher¢ ,ql Ily~ cosl ol',q,,J for Ibc .'leeo~.!! of LESSEE. nil qv~thm~,t scrwce or ~t~ ~son ~o lesal pr~ess and w,ho~t ~m~ d~mcd gudt~ of~rcspa~s, or ~m~ habl¢ for In)' ~s ~ ~le wMch ma). be o~cal~oned theteb,~ Thc LESSOR ma,¥ al Ill opl~ofl tern!mate th~s L.~asc after receipt b,~ LES notice in ~%~ting if & hen ts ~led against the Itasehold interest o~' the LESSEE, thirty (3) da)s, pursuant to ~he FIohd.~ Mcehames Lien JAN 0 '7 1997 'ARTICI.F. 12 De£~,lt by I. lJS$1)R ARTICLE 13 Any m,~icc wh.:h I.F.c;,c;OIt er I.r.c;RF.E m..Lv I~c rUlt,,t,:d In !:,~: lo thc o~hcr ~ny shall bcm LESSOR. LESSF. I': ilo·rd o1' Co. my Con.ms.~..~crs · * IoE.~RI':I.:' · c/o Rcnl Property Miami Ih:pl. "LF. qSEE'S AI)I}RF.S.q- 3301 Tnmiam, Trnil Admin{slrnlio~ n,,ild,,,g Naples. FIorid.'~ 341 {2 cc: Or'ce of Iht County Atlornc), ARTICLE 14 Surrender 'LESSEE shall rcmo~ any improwmcms c~plcled by LESSEE Dr,or to Ihc ~fllC fl~ Ah;all dchvcr ~,1~ m,I N.rr~r. lcr I. I.I~(}R ~c~l of thc ~mi~ P~t~ ~ any brim cl~qn n,)d m ns B~ cnm¢,f,~ nnd ~nlr ns thc ~mc shall ~ at t~ c~~t this ~qsc or may hn~ ~cn p.f h). LE~OR or LESSEE d.rmg thc c~,m.nnce I~. o~,~' ~r and t~r and damage by ~rc or thc clements ~}~nd LESSEE'S contel cxeepfcd ARTICLE I.~ LESSEE full)* understands thai the police and lax%' enforce.mcat seeur,tv protection provided by law cnt'orcemcnt agcnc,cs For thc abovc'-rcf'crcnced Demised Premises is limited 1'o that provided to any'O~:r business or agency sit,.qtc.d in Collier County..',nd acknowledges Ihal any spceial security measures deemed necessary. For ndd~t,onnl protection of thc Demised Premises shall bc [he sole responsibilnt)- and eost or LESSEE and shall involve no c.ost or expense to LESSOR LESSEE ¢~pressly agrees For ,soU', its successor and assigns, to refrain From an>. usc of the Demised Premises which v.'o,,I,J inlcrl'cr¢ w,th or advcrsch, alTucl thc operation or maintc.nance of LESSOR'S stnnd',rd olx:ra~ons '.,,here olhcr operations share c~mmon t'acil,t,cs (a) Rights not specifically granted thc LESSEE by this l..c~sc arc hereby reserved to the LESSOR (b) LESSEE agrees to pay all sales lax imposed on thc rental of the Demised Premises where applicable under (c) LESSEE agrees to pay all intangible personal propcn> '-',xes thai ma)' be imposed due to the creation, by this Lease. of'a leasehold interest in thc Demised Premises or LESSEE'S possession of said ]caschold interest in Ihc Demised Premises ARTICLE 16 F. nvironmgql;LL~_~'HiZCd;.U~ LE.ci.c;F,F. rcprcmc,,~. %~,'n.'rantm nnd al,'rcc~ In ind~:mml'y, rcimh.rsc, defend and hold hornless I.[!.~.'¢()lt, Fa,,, n~,l fl~.;lllt%l ;,Il ~',,~lq (,,k.'h,,httg {,Ih,,,K-~.q I~.%'q) ;,'.,.¢,1~.~.! nlJ:l,,,~t, ,.,l~,scd ~ or mc,,rrcd h~ LESSOR d,r,.'ctl), or md,r~.'c ly p:trs,,n,, to or m connection w,h thc apph¢at,on of any Federal. s,'.te, local or common I,qw feint,n{{ lo polh,lion or profcclion of'thc en'.'Jro, m'~nl ARTICLE 17 Radon Gas In C¢.,q~h;.,C~; ¥,'ifh .~cCh,m .lll. I lIEF,. Florida .~l:,l,flc~. all pnrl,,.'s nrc {~:rcby re;md,,.- a%,,.'a~ of' thc following Radon is a naturally occurring tad,outlive i;ns Ih·t. when it hms -',ccumulatcd in · build,n{ tn suflqcient quantities, may prcsen: health asks to persons who are exposed to it over time L4'vels of radon fiat exceed fedc.ral and slate ~,u,dclines have been Found in buildings in Florida Additional mt~ll:liR ITEM reprding radon and radon testing may be obtained from )'our count>' pub ic hcahh unit J AIV 0 7 1997 I,ES.~OI{ LESSOR ~d ;1~11 ARTICLE 19, All ~m~ ~ li~ ~o~ impro~nt~ ARTICLE ~0 '11.~ I~a~ d~311 I~c~m~ ~11~c1~ .l~m ~x~.l~ h~ I~h LESSOR 3~ LESSEE ARTICLE 21. Govc~tne ,~is ~nse shall ~ ~o~n ~ and consm~ in a~ordancc w~th Iht la~ of ~ Sate ^S TO TI IF. I.I!S,~OI~ DATED ATTEST DWIGHT E BROCK, Clcrk , Dcp~ty C;crk DOARD OF COUNTY COMMISSIONERS COLLIER COUNT'Y. FLORIDA . Ch~m'n~ AS TO LESSEE DATED LESSEE NAME WITNESS (s~gnarurc) (print namc) WITNESS (sq;nalurc) (print namc) laY. (NAME IN CAPS} Approvcd ~s to Form and legal sufficiency Heidi FAshton Assis~nt Count). Arlom~ JAN 0 '7 1997 SUBJECT TO ADOPTION BY THE ADMII~'ISTRATIVE DISTRICT THIS PROCEDURE IS I~OT EFFECTIVE UNTIL SUCH ADOPTIOI~ FIRE CODE BOARD OF ADJUSTMENTS AND APPEALS ESTA.B. LISHMENT AND PURPOSE There is hereby established a Fire Code Board of Adjustments and Appeals. The purpose of such Board is to provide a decision making body through which any fire district's duly authorized agent may appeal the interpretation made by the Fire Code Official of any NFPA Codes or Collier County Fire Prevention Code: or that an equally good or more desirable form of construction can be employed in a specific case; or when it is claimed that the intent and meaning of such Codes or any of the regulations thereunder have been misconstrued or wrongly interpreted by the Fire Code Official. POWERS AND DUTIES The Fire Code Board of Adjustments and Appeals shall have the following powers and duties: To review and approve, with or without modifications or conditions, or deny any appeal from a decision of the Fire Code Official or Fire District authorized agent with regard to a variance from the mode or manner of construction proposed to be followed or materials to be used in the erection or alteration of a building or structure; and to review and approve or deny a claim that the provisions of the NFPA Codes or Collier County Fire Prevention Code should not apply and that an equally good or more desirable form of construction can be employed in any specific case; or when it is claimed that the true intent and meaning of such Codes and technical Codes or any of the regulations thereunder have been misconstrued or wrongly interpreted. To accept appeals and render decisions pursuant to Interlocal Agreements between the administrative district and independent fire districts which have entered into such agreements. To recommend to the Collier County Fire Marshal's Association additional or amended rules of procedure not inconsistent with this division to govern the Fire Code board of Adjustments and Appeals proceedings. JAN 0 7 1997 that an equally good or more desirable form of construction can be employed in any specific case, or when it is claimed that the true intent and meaning of the Collier County Fire Prevention Code or NFPA or any of the regulations thereunder have been misconstrued or wrongly interpreted, the owner of such building or structure, or his duly authoflzed agent, may appeal from the decision of the authority having jurisdiction to the Fire Code Board of Adjustments and Appeals. Notice of appeal shall be in writing and on appeal forms provided by the secretary of the Fire Code Board. Notice of appeal shall be filed at the Nodh Naples Fire Depadment within thidy 130) days after the decision to be appealed is rendered by the authority having jurisdiction, except as set for'th in the interlocal agreement appeals procedure. A fee in an amount to be set by the North Naples Fire Control and Rescue District shall accompany any such notice of appeal filed pursuant to t his section. In the case of a building or structure which, in the opinion of the authority having jurisdiction, is unsafe or dangerous, the authority having jurisdiction may, in a written order to the owner, limit the maximum time period for filing such appeal to a shorter period, but in no event shall the appeal period be less than ten (10) days. The Fire Code Board of Adjustments and Appeals is hereby authorized to accept appeals and render decisions thereon, ptJrsuant to Interlocal Agreements between Collier County and independent fire districts which have entered into such agreements. The basis for such appeals shall be as set forth in, and in accordance with, the inter!ocal agreement. With regard to all other procedura! requirements, such appeal shall adhere to the standard operating procedures and policies of the Fire Code Board of Adjustments and Appeals. DECISIONS OF THE BOARD The Fire Code Board of Adjustments and Appeals shall, in every case, reach a decision without unreasonable or unnecessary delay, but in no case shall a decision be rendered more than five (5) days from the hearing on the appeal. A decision of the Fire Code Board of Adjustments and Appeals to vary the application of any provision of applicable codes or to modify an order of the authority having jurisdiction shall specify in what manner such variation of modification is made, the conditions upon which it is made, and the reasons thereof. JAN 0 '1 1997 J INTERLOCAL AGREEMENT This Interlocal Agreement ("AgreemenC) is made and entered into by and between the NORTH NAPLES FIRE CONTROL and RESCUE DISTRICT, a political subdivision of the State of Florida, hereinafter referred to az the 'NORTH NAPLES FIRE DISTRICT," and the Ochopee Fire Control District , a ~pecial di~fic~ created by' the Legislature of the State of Florida, hereinafter referred to az the " District ." WHEREAS, the Florida Imerlocal Cooperation Act of 1969, § 163.01, Florida Statutes, authorizes the joint exercise of any power, privilege or authority which the public agencies involved herein might exercise separately; WHEREAS, the NORTH NAPLES FLKE DISTRICT and the Dis ~: ric t are public agencies within the meaning of the Florida Interlocal Cooperation Act of 1969 and desire the joint exercise of power wNeh each might exercise separately for the purpose of providing fire prevention within Collier County; WHEREAS, the North Naples Fire Control and Rescue District, Golden Gate Fire Control and Rescue Dis~'ich Big Corkscrew Island Fire Control and Rescue District, Immokalee Fire Control and Rescue District, East Naples Fire Control and Rescue Diru'ict, Ochoppee Fixe Control Distqct, Isle of Capri Fire Control District, and the Marco Island F~ Control and Rescue District have entered into an Interlocal A~eement '~th Collier Count5', dated · for the purpose of delineating the responsibilities of Collier County and the Fh'e Di_~:ficts with respect to fire plan reviews and fire knspections for new construction, cons'~ruction projects and existing structures; and WHEREAS, sa~d Interlocal Agreement between Collier Count and the Fire Districts requires that sep~ate agreements between each Fire District and the North Naples Fire Control and Rescue District be executed for the purpose of implemem~g the duties and obligations of the Fire Districts pursuant to that agreement; NOW, THEREFORE, in consideration of the foregoing recitals and the mutual promises, covenants and duties hereinafter set forth, the NORTH NAPLES FIRE DISTRICT and the 1~ i s t r ~ c t , formally covenant, agree, and bind themselves as follows: SECTION ONE: Purpose. The purpose of this Agreement is to provide for an expeditious, high-quality f=e plan review and fire inspection process for new consmaction, eonsmaction projec~ and existing ~ructures within Collier County by delineating the responsibilities of the NORTH NAPLES FIRE DISTRICT and the Dis t r i c t in order to enhance ser~%e to the citizens of Collier County. A further purpose of this Agreement is to implement the duties and obligations of the NORTH NAPLES FIRE DISTRICT and the Districts which are re~ hired by the interlocal Agreement, dated , between Collier County and the Fire Di tficts. AGENDA ITF..~ - 1 JAN 0 7 1997 SEC'~flON TWO: Definitions. The following terms as used in this A/r~emen! shall be defined as follows: FIRE DISTRICTS - The individual Fire and Rescue Districts operating wi~in Collier County, including North Naples, Golden Gate, Big Corkscrew Island, lmmok,xlee, East Naples, Ochoppee, Isle of Capri and Marco Island. FIRE CODE - The Collier County Fire Prevention Ordinance, the State Minimum Fire Safety Standards and the State Fire Marshal's Uniform Fire Standard, and any .,mcx. e.s~r or amendment to the Fire Prevention Ordinance or either set of Fire Standards during the life ofthis agreement. FIRE SAFETY INSPECTOR - The individual appointed to carry out the functions identified by and referenced in Chapter 553, Florida Statutes, Building ~ction Standards, and Chapter 633, Florida Statutes, Fire Prevention and Control. Such individual must be certified by the Division of State Fire Marshal pursuant to § 633.05, Florida Statutes. The term as used in this Agreement may refer to the Fired Code Official, the A~sisunt fire Code Official or a Fire Inspector employed by one of the Fire Districts. FIRE CODE OFFICIAL - The individual appointed by the Fire Districts and employed by the North Naples Fire District who is responsible for: 1. The accurate and timely review of building permit applications, plans and specifications for compli,'mce v,-ith the applicable Fire Code; 2. The establishment and maintenance of fn'e inspection criteria to a.tture that the Fire Code is consistently applied throughout Collier County; 3. The performance of timely and appropriale inspections of pertained buildings for compliance with the Fire Code and building plans approved for Fire Code compliance; 4. The performance ofstatutoo' functions of the Fire Marshal and Fire Official for new construction; and, 5. Providing Collier County ~vith assistance in updating the Fire Code and related ordinances. NEW CONSTRUCTION OR CONSTRUCTION . These terms include any cons'a'uction, erection, alteration, repair or demolition ora building. SECTION THREE: Delegation of Powers. The D i s t r ± c t hereby authorizes the NORTH NAPLES FIRE DISTRICT to exercise the follov,'ing powers and duties on behalf of the Dis'ct±ct conceming the Fire Code Official: 1. To employ personnel; 2. To lease office space from Collier County; 3. To receive payments from Collier County; 4. To disburse funds; and AGENDA JAN 0 7 1~7 To othcr~4sc operate to represent the District v~th respect to review of building permit applications in Collier County for compliance with the Fire Code. SECTION FOUR: Inspections. The District shall be responsible for performing inspe~ons and any necessary reinspections of new construction and construction projects for which building IX;~mlts have been issued and annual inspections of existing structures within the boundaries of the District . The District shall employ inspectors to perform the inspections of new construction md construction projects and shall employ and train the appropriate personnel to perform the inspections of exlsting stmctu~s. The fees for these inspections md reinspectlons shall be collected by Collier County and paid to the NOR.TH NAPLES FIRE DISTRICT which shall distribute them in accordanc~ with Section of th/$ Agreement. It is understood that pursuant to the Interlocal Agreement ~ Collier 'County and the Fire Districts dated , Fire Districts _receive no payment from Collier County for their annual inspections ofexisting buildings within their districts. SECTION FIVE: Distribution of Funds. A. Inspections. The NORTH NAPLES FIRE DISTRICT is hereby authorized to receive payment from Collier County of all fire inspection fees collected on behalf of the n~ -~-rt ct . The NORTH NAPLES FIRE DISTRICT shall determine what portion of the fu~ inspection fees received f~om Collier County Building Review and Permitting Department were paid for fire inspections in the District The NORTH NAPLES FIRE DISTRICT shall distribute that determined portion to the District , less 1% ofthe total fees to cover administrative costs. The NORTH NAPLES FIRE DISTRICT shall send the fee checks in the appropriate amount to the District within five (5) days of receipt of the fees from the Collier County Building Review and Permitting De .partment. B. Fire Code Official. The funding mechardsm for the Fire Code Official is described in the tnterlocal Agreement between Collier County and the Collier County Fire Districts, dated . Funds received by the NORTH NAPLES FIRE DISTRICT from collier County for the performance of the duties of the Fire Code Official shall first be allocated to the budget of the Fire Code Official. The NORTH NAPLES FIRE DISTRICT shaJl create a Fire Code Offcial contingency fund, in which it shall deposit the funds received from Collier County for the performance of the Fire Code Official's duties which are in excess of those needed to fund the Fire Code Official's current year's budget. This contingency fund shall be allowed to accumulate to aa amount equaling twice the current year's.budget for the Fire Code Official. Funds deposited in the contingency fund in excess of this amount may be distributed to the Fire Districts. Oversight of the contingency fund and the distribution of excess funds shall b~ undertaken by a committee consisting of one (1) representative from each Fire District. Each district shall independently determine the method for selecting its representative. Each member of the cornmlttcc shall have one (1) vote and all decisions ofthe commitxee shall be by a maj~Hty vote ofthe members. Ifthe committee votes to distribute excess funds from the contingency fund, these funds shall be ; J4N07 997 distributed to the Fire Districts in dL-ect proportion to the number of hspections, excluding reinspecfions, conducted by each district. SEC-'~ON S~: Fire Code Official's Bndget. Not later than June 1 of each yea. r, the F~ Code Official shall submit a proposed budget for the following fiscal ye~, to begin on September l, and end on August 31, to each Fire district. Each Fire District shall review this budget and provide its commenl, s and recommendatiora On the budget to the NORTH NAPLES FIILE DISTRICT no later than July 31 of the year in which the budget is submitted. The NORTH NAPLES FIRE DISTRICT shall con.sider the comments and recommendations of each Fire District during its consideration of the Fire Code Official's budget. The NORTH NAPLES FIRE DISTRICT shall be responsible for approving the final yearly budget for the Fire Code Official each ye,~r. SECTION SEVEN: Fire Code Official and Assistant Fire Code Official Selection. A. Fire Code Official Selection Committee. A committee shall be formed to assist the Chief of the NORTH NAPLES FIRE DISTRICT in the selection of the Fire Code Official. The committee shall consist of one (1) representative from each Fire District each of whom shall have one (I) vote on the committee. Each district shall independently determine its method for selecting its representative. The Committee shall create a job description for the Fire Code Official and publicize that job description and the required qualifications for the Fire Code Official, review all applications received for the position., conduct all testing of applicants and inter','iew applicants. The committee shall recommend one (1) candidate for the position of Fire Code Official to the Chief of the NORTH NAPLES FIRE DISTRICT by a vote of a majority of'he mem'xTS of the committee. The chief of the NORTH NAPLES FIRE DISTRICT shall consider the m:ommendation of the committee, but shall have the final authoriD' to select the individual :o become the Fire Code Official. B. Assistant Fire Code Official Selection. Pursuant to the Interlocal Agreement between Collier County and the Fire Districts dated , the Fire Districts are responsible for providing an Assistant Fire Code Official to Collier County, to perform the duties of the Fire Code Official ifthe Fire Code Official is unable to perform Iris duties for more than two (2) consecutive days. The NORTH NAPLES FIRE DISTRICT shall be responsible for arranging for a qualified Assistant Fire Code Official Io perform the duties of ',he Fire Code Official when necessary. Each Fire District with personnel meeting the qualifications of the Assistant Fire Code Official shall make said personnel available to fill the position of Assistant Fire Code Official at the request of the NORTH NAPLES FIRE DISTRICT whenever possible. The re~..ponsibility to provide personnel to act as the Assistant Fire Code Official shall be rotated between the Fire Districts to the extent possible so that a fair division of labor is achieved. SECTION EIGHT: Employment, Performance Evaluations and Disciplinary Action for the Fire Code Official. A. Employment. The Fire Code Official shall be an employee of the NORTH NAPLES FIRE DISTRICT and subject to the personnel policies and rules of that District. The Assistant Fire Code Official shall be an employee of one of the Fire Districts and su%ject to that Fire District's personnel policies and rules. B. Performance Evaluation. A performance evaluation of the Fire Code Official shall be conducted not less than annually. The evaluation shall be conducted in accordance with the policies of the NORTH NAPLES FIRE DISTRICT, and the evaluation shall be reported on the standard NORTH NAPLES FIRE DISTRICT evaluation form. All Fire Dis'rricts are entitled to participate in the evaluation of the Fire Code Official and each Fire District may submit one (1) evaluation to the NORTH NAPLES FIRE DISTRICT. The evaluations of the Fire Code Ot~icial and related concerns of all Fire Districts shall be taken into consideration by the ]','ORTH NAPLES FIRE DISTRICT during its evaluation of thc Fire Code Official. C. Disciplinary Action. NORTH NAPLES FIRE DISTRICT shall be responsible /'or all disciplinary procedures involving the Fire Code Official. All disciplinary action shall be carried out in accordance with the policies of the NORTH NAPLES FIRE DISTRICT. All commendations and complaints sh~l be directed to the Chief of the NORTH NAPLES FIRE DISTRICT. SECTION NINE: Termination or Amendment. This agreement shall remain in effect until terminated by either parD.'. Either parD.' ma.',' terminate this agreem'ent with or without cause by providing wfirten notice to the other parD' and to Collier Count.,,'. Such termination shall be effective for~,-five (45) days after receipt of said written notice. This agreement ma>' be amended from time to time upon the agreement of both parties. An,,,' amendment must be in writing and must be executed with the same formalities as the original. SECTION TEN: Notices. Any notice made pursuant to this Agreement to the NORTH NAPLES FIRE DISTRICT shall be in writing and delivered by hand or by the United States Postal Service, certified mail, return receipt requested, postage prepaid, addressed to the following: North Naples Fire Control and Rescue District, 1411 Pine Ridge Road, Naples, Florida 34109. All invoices and payments shall be sent to the North Napes Fire Control and Rescu... District. Any notice required or made pursuant to this Agreement to the District shall be in writing and delivered by hand or by the United States Postal Sen'ice, certified mail, return receipt requested, postage p,'dd, addressed to the follov,'ing: Ochopee Fire Control District AGENDA. ITEM . JfiN 0 7 Any notice required or made pursuant to this Agreement to Collier County shall be in writing and delivered by hand or by the United States ?osial Service, certified mail, r~tum receipt requested, postage prepaid, addressed to the following: Neil Dorrill, County Man~ger, Collier County Government Center, 3301 E. Tamiami Trail, Naples, Florida, 34112. SECTION ELEVEN: Entire Agreement. This Agreement contains the complete and entire undersianding of the parties. SECTION TWELVE: Recording. In accordance wkh § 163.01 (11), Florida Statutes, this Agreement shall be recorded by the Clerk of the Circuit Court in the official records of Collier County, Florida. SECTION THIRTEEN: Effective Date. This Agreement shall become effective upon its execution by the NORTH NAPLES FIRE DISTRiCT and the District: and its filing with the Clerk of Circuit Court. IN WITNESS WHEREOF, this Agreement was signed, sealed and witnessed on the respective dates set forth below. RESCUE DISTRICT Chairman printed Name: Walter Kissel Date: 12/20/96 Witness: Witness: By: Chairman Printed Name: Date: 6 JAN 0 7 1997 INTERLOCAL AGREEMENT This Interloca.l Agreement {"Agreement") is made and entered into by and between the NORTH NAPLES FIRE CONTROL and RESCUE DISTRICT, a political rabdivi~on of the State of Florida, hereinai~er referred to as the 'NORTH NAPLES FIRE DISTRICT," and the Isle afCmEx-i Fiz'eG~;~,~lDi~zct , a special dis'trict crea~ed by the Legislature of the State of Florida, hereinafter referred to az the " District ." WHEREAS, the Florida Interlocal Cooperation Act of 1969, § 163.01, Florida Statutes, authorizes the joint exercise of any power, privilege or authority which the public agencies involved herein might exercise separately; WI-IEREAS, the NORTH NAPLES FIRE DISTRICT and the District are public agencies within the meaning of the Florida Interlocal Cooperation Act of 1969 and desire the joint exercise of power wkich each misht exercise separately for the purpose of providing fire prevention within Collier County; WHEREAS, the North Naples Fire Control and Rescue District, Golden Gate Fire Control and Rescue District, Big Corkscrew Island Fire Control and Rescue District, Immokalee Fire Control and Rescue District, East Naples Fire Control and Rescue District, Ochoppee Fire Control District, Isle of Capri Fire Control District, and the Marco Island Fire Control and Rescue District have entered into an Interlocal Agreement with Collier County, dated for the ptu'pose of delineating the responsibilities of Collier County and the Fire Districts with respect to fire plan re~'iews and fire inspections for new construction, construction projects and existing structures; and WHEREAS, said Interlocal Agreement between Collier County and the Fire Districts requires that separate agreements ber~veen each Fire District and the North NapIes Fire Control and Rescue District be executed for the purpose of implementing the duties and obligations of the Fire Distr~c[s pursuant to that agreement; NOW, THEREFORE, in consideration of the foregoing recitals and thc mutual promises, covenants and duties hereinafter set forth, the NORTH NAPLES FIRE DISTRICT and the P i s t r ~ ~_ ~- , formally covenant, agree, and bind themselves as follows: SECTION ONE: Purpose. The purpose of this Agreement is to provide for an expeditious, high-quality f~re plan review and fire inspection process for new construction, construction projects and existing structures within Collier County by delineating the responsibilities of the NORTH NAPLES FIRE DISTRICT and the District in order to enhance service to the citizens of Collier County. A further purpose of this Agreement is to implement the duties and obligations of the NORTH NAPLES FIRE DISTRICT and the Districts which are required by the Interlocal Agreement, dated , bev,veen Collier County and the Fire Districts. I JAN 0 7 1@97 SEC-'YION TWO: Definitions. The following lerrns as used in this Al~-~nent sl~ll be defined as follow~: FIRE DISTKICTS - The ~ndividual Fire ~d Re~cu¢ Districts operating within Coil/er County, including North Naples, Golden Gate, Big Corkscrew Island, lmmokalee, East Naples, Ochoppee, Isle of Capri and Marco Island. FIRE CODE - The Collier County F~ Prevention Ordinance, the State Mi,~imum Fire Sa'ety Standards and the State Fire Mamhal's Uniform Fir~ Slandard, and any successor or amendment to thc Fire Prevention Ordinance or either set of Fire Standards dtu-ing the life ofthls agreement. FIRE SAFETY INSPECTOR - The individual appointed to carry out the functions identified by and r~ferenced in Chapter 553, Florida Statutes, Building Construction Standards, and Chapter 633, Florida Statutes, Fire Prevention and Control. Such individual must be certified by the Divi.sion of State Fire Marshal pursuant to § 633.05, Florida Statutes. The term as used in this Agreement may refer to the Fired Code Official, the Assistant fire Code Official or a Fire Inspector employed by one of the Fire Districts. FIRE CODE OFFICIAL - The individual appointed by the Fire Districts and employed by the No, da Naples Fire District who is respo=ible for. I. The accurate and timely r~view of building permit applications, plans and specifications for compliance with the applicable Fire Code; 2. The establishment and maintenance of fire inspection criteria to assure that the Fire Code is consistently applied ',.hrougho~ Collier County; 3. The performance of timely and appropriate inspections of permitted buildings for compliance with the Fire Code a'~d building plans approved for Fire Code compliance; 4. The performance of stamto,-:,.' functioas of the Fire Marshal and Fire Official for new consu'uction; and, 5. Providing Collier County w?.h assis',ance in updating the Fire Code and related ordinances. NEW CONSTRUCTION OR CONSTRUCTION - These terms include any construction, erection, alteration, repair or demolition ora building. SECTION THREE: Delegation of Powers. The Dis tr i ct hereby authorizes the NORTH NAPLES FIRE DISTRICT to exercise the following powers and duties on behalf of the District concerning the Fire Code Official: 1. To employ personnel; 2. To lease office space from Collier County; 3. To receive payments from Collier County; 4. To disburse funds; and JAN 0 7 1997 To otherwise operate to rep~sent the District%Sth respect to review of building permit applications in Collier County for compliance with the Fire Code. SECTION FOUR: Inspections. 'l'he District shall be responsible for performing inspections and any necessary reinspections of new construction and construction projects for which building pennits have been issued and annual inspections of existing structures within the boundaries of the · The District s.hal] employ firesafety District . inspectors to perform the inspections-of new core, ruction and construction proiects and shall employ and train the appropriate personnel to perform the inspections of existing ~ucmres. The fees for these inspections and reinspecdons shall be collected by Collier County and paid to the NORTH NAPLES FIRE DISTPJCT %~ich shall disu4bute them in accordance with Section $(A) of this AgreemenL It is understood that punmant to the Interlocal A~reement between Collier County and the Fire Distrcts dated j Fire Districts receive no payment from Collier CounW for their annual inspections ofexisting buildings within their districts. SECTION FIVE: Distribution of Funds· A. Inspections. The NORTH NAPLES FIRE DISTRICT is hereby authorized to receive payment from Collier · The County of all fire inspection fees collected on behalf of the _D i ~ t- r i c~I- NORTH NAPLES FIRE DISTRICT shall determine what portion of the fire inspection fees received from Collier County Building Review and Permitting Department were paid for fire The NORTH NAPLES FIRE D1STI~ICT inspections in the District shall distribute that ~tetermined portion to ',he District _, less I% of the total fees to cover administrative costs. The NORTH NAPLES FIRE DISTRICT shall send the fee within five (5) days of checks in the appropriate amount to the D i s t r i~ t - receipt of the fees f~om the Collier Count>.' Building Review and Permitting Department. B. Fire Code Official. The funding mechanism for the Fire Code Official is described in the Interlocal Agreement between Collier County and the Collier County Fire Districts, dated . Funds received by the NORTH NAPLES FIRE DISTRICT from collier County for the performance of the duties of the Fire Code Official shall first be. allocated to the budget of the Fire Code Official. The NORTH NAPLES FIRE DISTRICT shall create a Fire Code Official contingency fund, in which it shall deposit the funds received from Collier County for the performance of the Fire Code Official's duties which are in excess of those needed to fund the Fire Code Official's current year's budget. This contingency fund shall be allowed to accumulate to an amount equaling twice the current year's budget for the Fire Code Official. Funds deposited in the contingency fund in excess of this amount may be distributed to the Fire Distrtrcts. Oversight of the contingency fund and the distribution of excess funds shall be undertaken by a corrm'fittee consisting of one (1) representative from each Fire District. Each district shall independently determine the method for selecting its representative. Each member of the commitiee shall have one (1) vote and all decisions ofthe committee shall be by a majority vote ofthe members. If the committee votes to distribute excess funds from the contingency fund, thcs(r funds~l:i~ , JAN 0 ? 1997 distributed to the Fire Districts in direr proportion to the numbo' of inspections, excluding reinspections, conducted by each district. SECTION SIX: Fire Code Official's Budget. Not later than June 1 of each year, the Fire Code Official shall submit a proposed budget for the following fiscal year, to begin on September I, and end on Augus-~ 31, to each Fire district Each Fire District shall review this budget and provide its comments and recommendations On the budget to the NORTH NAPLES FIRE DISTRICT no later than July 31 of the year in which the budget is submitted. The NORTH NAPLES FIRE DISTRICT shall consider the comments and recommendations of each Fire District during its consideration of the Fire Code Official's budget. The NORTH NAPLES FIRE DISTRICT shall be responsible for approving the final yearly budget for the Fire Code Official each year. SECTION SEVEN: Fire Code Official and Assistant Fire Code Official Selection. A. Fire Code Official Selection Committee, A conunittee shall be formed to assist the ChJefofthe NORTH NAPLES FIRE DISTRICT in the selection of the Fire Code Official. The committee shall consist of one (1) representative fi.om each Fire District each of whom shall have one (I) vote on the committee. Each district shall independently determine its method for selecting its representative. The Commitlee shall create a job description for the Fire Code Official and publicize that job description and the required qualifications for the Fire Code Official, review all applications received for the position., conduct all testing of applicants and interview applicants. The committee shall recommend one (1) candidate for the position of Fire Code Official to the Chiefofthe NORTH NAPLES FIRE DISTRICT by a vo~e ora majority of the members of the committee. The chief of the NORTH NAPLES FIRE DISTRICT shall consider the recommendation of the committee, but shall have the final author-iv:' to select the individual to become the Fire Code Official. B. Assistant Fire Code Official Selection. Pursuant to the lmerlocal Agreement bet~'een Collier County and the Fire Districts dated , the Fire Districts are responsible for providing an Assistant Fire Code Official to Collier County to perform the duties ofthe Fire Code Official ifthe Fire Code Official is unable to perform his duties for more than two (2) consecutive days. The NORTH NAPLES FIRE DISTRICT shall be responsible for arranging for a-qualified Assistant Fire Code Official to perform the duties of the Fire Code Official when necessary. Each Fire District with personnel meeting the qualifications of the Assistant Fire Code Official shall make said personnel available to fill the position of Assistant Fire Code Official at the request of the NORTH NAPLES FIRE DISTRICT whenever possible. The responsibility to provide personnel to act as the Assistant Fire Code Official shall be rotated bev. veen the Fire Districts to the extent possible so that a fair division of labor is achieved. SECTION EIGHT: Employment, Performance Evaluations and Disciplinary Action for the Fire Code Official. A. Employment· The Fire Code Official shall be an employee of the NORT]t NAPLES FIRE DISTRICT and subject to the personnel policies and rules of that District. The A~t Fire Code Official shall be an employee of' one of the Fire Districts and ~bject to that Fire Di.~ct's l~rsonnel policies and rules. B. Performance Evzluztion. A performance evaluation of the Fire Code Official shall be conducted not less than annually. Thc evaluation shall be conducted in accordance with the policies of the NORTH NAPLES FIRE DISTRICT, and the evaluation shall be reported on the standard NORTH NAPLES FIRE DISTRICT evaluation form. All Fire Districts are entitled to participate in thc evaluation of the Fire Code Official and each Fire District may submit one (1) evaluation to the NORTH NAPLES FIRE DISTRICT. The evaluations of the Fire Code Official and related concerns of all Fire Districts shall be taken into consideration by the NORTH NAPLES FIRE DISTRICT during its evaluation of the Fire Code Official. C. Disciplinary Action. NORTH NAPLES FIRE DISTRICT shall be responsible for all disciplinary procedures involving the Fire Code Official. All disciplinary action shall be carried out in accordance with the policies of the NORTH NAPLES FIRE DISTRICT. Ail commendations and complaints shall be directed to the Chief of the NORTH NAPLES FIRE DISTRICT. SECTION NINE: Termination or Amendment. This agreement shall remain in effect until terminated by either party. Either parD' ma.,,' terminate this agreement with or without cause by providing v, viuen notice to the other parD' and to Collier Counw. Such termination shall be effective forty-five (45) days after receipt of said v, vinen notice. This agreement may be amended from time to time upon the agreement of both parties. An)' amendment must be in writing and must be executed with the same formalities as the original. SECTION TEN: Notices. Any notice made pursuant to this Agreement to the NORTH NAPLES FIRE DISTRICT shall be in writing and delivered by hand or by the United States Postal Service, certified mail, return receipt requested, postage prepaid, ad&essed to the following: North Naples Fire Control and Rescue District, 1411 Pine Ridge Road, Naples, Florida 34109. All invoices and payments shall be sent to the North Napes Fire Control and Rescue District. Any notice required or made pursuant to this Agreement to the District shall be in writing and delivered by hand or by the United States Postal Service, certified mail~ return receipt requested, postage paid, addressed to the following: Isle cf ~ ~ Cu,U~I District Any notice required or made pursuant to f~s Agreement to Collier Coun~t shall be in writing and delivered by hand or by the United States Postal Service, certified mail, return receipt requested, postage prepaid, addressed to the following: Neil Don'ill, County Manager, Collier County Goverrunent Center, 3301 E. T&miami Trail, Naples, Florida, 34112. SECTION ELEVEN: Entire Agreement. This Agreement contains the complete and entire understanding of the parties. SECTION TWELVE: Recording. In accordance with § 163.01 (11), Florida Statutes, this Agreement shall be recorded by the Clerk of the Circuit Court in the official records of Collier County, Florida. SECTION THIRTEEN: Effective Date. This Agreement shall become effective upon its execution by the NORTH NAPLES FIRE DISTRICT and the District and its filing with the Clerk of Circuit Court. IN WITNESS WHEREOF, this Agreement was signed, sealed and witnessed on the respective dates set forth below. RESCUE DISTRICT Chairman Printed Name: Walter Kissel Date: 12/20/96 Witness: Witness: By: Chairman Printed Name: Date: 1997 EXECUTIVE SUMMARY AN EMERGENCY ORDINANCE AMENDING ORDINANCE 91-102, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE, AMENDING SECTION 2.6.2.2, ACCESSORY STRUCTURES ON WATERFRONT LOTS AND GOLF COURSE LOTS. OBJECTIVE: To adopt an emergency ordinance amendment to Section 2.6.2.2 of the Collier County Land Development Code pertaining to the maximum height of pool decks and screen enclosures permitted within 10' ora seawall on waterfront lots. CONSIDERATIONS: On December 17, 1996, the Board of County Commissioners declared an emergency condition and directed staff to prepare an amendment to the Collier County Land Development Code, due to severe building limitations imposed particularly on Marco Island, as a result of recent building setback changes for waterfront lots. It was brought to staff's attention that the most recent Land Development Code amendments permitting a maximum pool deck/porch height of 4' above seawall severely impacted the ability to construct waterfront homes on Marco Island due to uniform seawall heights, Federal Emergency Management Agency (FEMA) flood elevation requirements, and septic tank siting requirements. These conditions essentially render all recently con~ructed pool decks to be in non-compliance with the Code, prohibits the consnruction of many homes as permitted through display models, and has caused Collier County to delay issuance of many building permits on the lsland due to revisions necessary to comply with this new standard. Staff indicated at the December 17, 1996 Board of County Commissioner meeting that increasing the maximum pool deck/porch height to 7' above the seawall would resolve the building constraints on Marco Island and Isles of Capri. The Board directed staff to prepare a geographic specific amendment to the Code to resolve the emergency condition. Staff has drafted the proposed ordinance amendment to reflect language permitting a maximum pool deck/porch height of 7' above the seawall, with a maximum 4' of stem wall exposure to a neighboring property for single-family waterfront lots on Marco Island and Isles of Capri. AGEN[~A IT(Id \ No. ~ JAN 0 7 1997 P~.. / FISCAL ~MPACT: This amendment will result in no fiscal impacts to Collier County. STAFF RECOMMENDATION: Staff recommends adoption of the emergency ordinance amendment drafted and shown in the attached exhibit. PREPARED BY: r DONALD W. ARNOLD, AICP PLANNING SERVICES DIRECTOR /./ DATE VINCENT A. CAUTERO, ADMINISTRA~L , DATE COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION EMERGENCY ORD. AMENDMENT/DW.~ JAN 0 7 1997 PI. O]~:)I~,~NC~ NO. ~? - ~1-102~ XS ~D~ ~Z COLL~ CO~Y D~ELOP~ CODE~ BY ~ROVIDING FOR ~E~ION ONE~ ~ME~B TO I~SZ~IOX 2. ~. 2.2., ACCESSORY JTR~CT~E8 ON ~T~O~ LOTS GOLF CO~8~ L~B~ EE~ION ~O: CO~LI~ ~ ~ILITY] EECTION ~EE: INCLUSION ~E COLLI~ CO~Y ~ D~LOPKE~ CODE; EECTION PO~ DZC~TION OF ~ERGENCY P~SU~ TO SECTION 12S.~&(~), FLORID~ STATUES; SE~ZON FZV~I IFFE~I~ D~TE. ~S, Collier County, pursuant ~o Sec. 16~.]161, e= seq., Florida Statutes, the Florida ~cal Government Comprehensive Planning and ~d Developmen~ Re,la=ion Ac= (hereinaf~er the "Ac="), is re~ired ~o prepare a~d adopt a comprehemsive plan; and ~ER~S, on Janua=y 10, 1989, Collier County adogCed Collier County Gro~h ~anagemen= Plan (hereinafter ~he "Growth ~anagemem= Plan or G~") as i~s comprehensive plan pursuan~ the AcC; and ~IEREAS, after adoption of the comprehensive plan, the Act and in particular Sec. 163.3202(1), Florida Statutes, tha: Collier County adopt land development regulations that are consistent with and inplenent the adopted conprehens~ve plan; and ~EREAS, Collie= County adopted its Land Development Code containing its land development regulations, on October 30, 1991; and ~ER~S, Subset=ion 125.06(3), Florida Statutes, provides an energency procedure for the enactnent or anendmenC of ordinances excel= for those ordinances which establish or a~end the ac=ual zoning map designaC~on of a parcel or parcels of land or change th~ actual list of permitted, conditional or prohibited uses vi:bin a zoning category; and ~ER~S, the amendments to Subsection 2.6.2.2, dealing with the minimum building setback for swiping pool decks and/or screen enclosures for one and two-family residences, and attached screen porches of O=dinance 91-102, as amended, the Collier County Land Development Code, neither amend the actual zoning map designation of any parcel or parcels of land actual list of pelleted, cond~tional or prohib~te % ~ords::~:~:b:u~ar~dc~tccd~otdsundcr~ncd uses; and WI-IEREAS, the Board of County Commissioners at its December 17, 1996 regularly scheduled meeting declared that an emergency exists by virtue of numerous property owners' inability to complete construction of single-family homes and accessory pool/porch structures al contracted through model home sales, particularly on Marco Island and isles of Capri, due to several factors including existing ground elevation, sea wall heights, increased building setback requirements due to deed restrictions and smaller lot aizes and that immediate enactment of an amendment to Subsection 2.6.2.2 of the Land Development Code is required to alleviate the condition of emergency; and WHEREAS, by unanimous vote, the Board of County Commissioners directed its Planning Services Department S=aff to prepare the appropriate amendments to the Land Development Code; and WHEREAS, Planning Staff has prepared the necessary amendments to alleviate the emergency condition; and WHEREAS, Subsection 1.19.1.3 of the Collier County Land Development Code provides that in the case of an emergency the additional Code amendment must receive unanimous approval ~y the Board of County Commissioners; and NOW, THEREFORE BE IT ORDAINED, by the Board of County Commissioners of Collier County, Florida; that SECTION ONE: AMENDMENTS TO SUBSECTION 2.6.2.2, ACCESSORY STRUCTURES ON WATERFRONT LOTS AND GOLF COURSE LOTS. Subsection 2.6.2.2, "Accessory Structures on Waterfront Lots and Golf Course Lots," of Ordinance No. 91-102, as amended, the Collier County Land Development Code, is hereby amended to read as follows: ~CCESSORY STRUCTURES** ON W~TERFRONT LOTS ~%ND ~OLF COURSE LOTS Setbacks Parking garage or carport, single- family Front Rear Side SPS SPS SPS 2 Words .......... ~.:;~.,, are deleted; words underlJn~ arc Structure to Structure (If Detached) N~O~ JAN 0 ? added. P~. ~ 2e One-story parking structures SPS SPS SPS 10 feet Multistory parking structures SPS SPS SPS 1/1, Swimming pool end/or enclosurss (one- and two-family) SPS 10 feet* SPS N · 20 fee~ where swimming pool decks exceed 4 feet in height above ~op of seawall or top of bank~ exceot Marco Island and Isles of Capri which may comstruct to a maximum of 7 fee~ above the seawall with a maximum of 4 f~t of stem wall exposure, with the rear setback of 10 f~. 5. Swimming pool (multiple-family and commercial) $. Tennis courts (pri- vate) (one-and ~wo- family) 7. Tennis courts (multiple-family and commercial) $P$ 20 fee~ 15 feet N SPS 15 fee= SPS 10 feet SPS 35 feet SPS 20 feet 8. Boathouses and boat shelters (pti- 7.5 feet or vats) SPS N/A 15 feet 10 feet (See section 2.6.21.5) 9. Utility buildings SPS SPS 10 feet 10 fee~ 10. Chickee, barbecue areas SPS 10 feet SPS N 11. Davits, hoists an~ 7.5 feet or lifts N/A N/A 15 feet (see section 2.6.21.5) 12. Attached Screen Porch SPS 10 feet* SPS SPS *20 feet where floor or deck of porch exceeds 4 feet in height above top of seawall or top of bank. excent Marco Island and Isles of Canri which may construct to a maximum of 7 feet above the seawall with a maximum of 4 feet cf stgD wall exposure, with the rear setback of 10 f99~. 13. Unlisted accessory SPS SPS SPS 10 feet 14. Docks, decks and 7.5 feet or mooring pilings N/A N/A 15 feet N/A 15. Boat slips and ramps (private) N/A N/A 7.5 feet N/A 16. Satellite dish an- tennas N/P 15 feet SPS 10 feet N = None. N/A = Not applicable. NP = Structure allowed in rear of building only. May be located on pad at ground level, but not mounted on roof. SPS - Calculated same as principal structure. Words .'.~:k :hfea~ ~re deleted; words uMerlined ~re a, JkN 0 7 1997 - 1/foot of accessory height - 1/foot of building those cases where the coastal construction control line is involved, the coastal construction control line will apply. SECTION TWO: CONFLICT AND SEVERABILITY. In the event this Ordinance conflicts with any other ordinance of Collier County or other applicable law, the more restrictive shall apply. If any phrase or portion of this Ordinance is held invalid or unconstitutional by any court of competent Jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion. SECTION TRREE: INCLUSION IN T~E COLLIER COUNTY LAND DEVELOPMENT CODE. The provisions of this Ordinance shall become and be made a part of the Collier County Land Development Code. The Sections of the Ordinance may be renumbered or relettered to accomplish such, and the word "ordinance" may be changed to "section," "article," or any other appropriate word. SECTION FOSS: DECLARATION OF £M~RGENCY. This Board does here~y declare that an emergency exists and that i~ediate enactment of this Ordinance is necessary, and by no less than for-fifths (4/Sths] vote of the membership of the Board does hereby waive notice of intent to consider this Ordinance. SECTION FIVE: EFFECTIVE DATE. A certified copy of this Ordinance, as enacted, shall be filed by the Clerk to the Board with the Department of State cf the State of Florida, as soon after enactment as i~ practicable by depositing the same with the postal authorities of the government of the United States for special delivery ~y registered mail, postage prepaid, to the Florida Department of State. " AGE~DA ).T£~4, _ ,JAN 0 7 1~7 Words ::r~:k :~r,u~ ~e deleted; words underlined ~, added /_ P~._. ~ . This Ordinance shall become effective as provided in Subsection 125.66(3), Florida Statutes. PASSED ~ DULY J~DOPTED by the Board of County Co~missioners of Collier County, Florida, this .. day of , 1997. AT~EST: DWIGHT BROCK, CLL~ ~PPROVEO AS TO FO~A~D LEGAL SUFFICI£~C¥: H.~R~O~IE H. STUDENT ASSISTANT COUNTY ATTOR~£¥ BO~D OF ¢OU~4T¥ CO~ISSXONERS COI~XER COUHTY, FLORIDA By: , CHAIP~ are deleted, words underlined added, p~. EXECO~XW S~AR¥ RECONSIDERATION OF PETITION NUMBER: V-96-22, R, BRUCE ANDERSON, REPRESENTING ALBERT J. SOCOL, REQUESTING A 25 FOOT VARIANCE FROM THE REQUIRED 50 FOOT MAXIMUM I{EIGHT LIMIT TO 75 FEET FOR PROPERTY LOCATED IN SECTION 6, TOWNSHIP 52 SOUTH, RANGE 26 EAST IN THE LA PENINSULA DEVELOPMENT. To reconsider the above referenced variance petition to ensure that proper advertising and notice is given. CONSIDE~ATION~ On December 10, 1996, the Board of Zoning Appeals heard and approved Petition V-96-22 to allow a 25 foot variance from the required 50 foot maximum height limit to 75 feet for two proposed buildings within the La Peninsula development (See Attached Executive Summary). During the hearing of this item, some residents of La Peninsula had expressed concern or alleged that there may have been some irregularities in the notice and advertising of this petition. After discussion of the issue, the BZA voted to approve Petition V-96-22. In addition, the Board voted to have this petition reheard to ensure that the advertising and notice is consistent with the Collier County Land Development Code. PREPARED BY: RAY ~,ELLOW$ PRINCIPAL PLANNER REVIEWED BY: OB~RT J. MULHERE, AICP MANAGER~ P ING SERVV4 -- DONALD W. ARNOLD, AICP. DIRECTO~ T A. CAUTERO, ADMINISTRATOR COMMUNITY DEV. AND ENVIRONMENTAL SVCS. RVB/rb/EXSUMMARY/V-96-22 DATE DATE DATE 9AN 0 7 1997 ~ECUTIVE B~Y PETITION NUMBER: V-96-22, R. BRUCE ANDERSON, REPRESENTING ALBERT J. SOCOL, REQUESTING A 25 FOOT VARIANCE FR~f THE REQUIRED 50 FOOT MAXIMUH HEIGHT LIMIT TO 75 FEET FOR PROPerTY LOCATED IN SECTION 6, TOWNSHIP 52 SOUTH, RANGE 26 EAST IN THE LA PENINSULA DEVELOPMenT. The petitioner is requesting the above referenced variance to allow for two 75 foot tall buildings in lieu of three buildings at 50 feet in height. CONSIDERATIONS; The subject 6.336 acre tract in La Peninsula is zoned RMF-12 and has been approved for 74 units. Construction began in 1984 on this multi-family project that was to contain nine separate 50 foot high buildings. At the present time only six buildings have been completed while construction was stopped on the 7th building due to financial difficulties. As a result, the building shell has become an eyesore not only for project residents but can be seen from the Gulf of Mexico as well. The petitioner intends to demolish this partially constructed building, and in its place (including the proposed 8th and 9th buildings), construct only two (2) new residential buildings at 75 feet in height rather than the three 50 foot buildings that are currently approved. No additional dwelling units are proposed. It should be noted that the two new buildings will have larger setbacks (ranging from 35 feet to 140 feet) which will increase the amount of open space over the originally approved plans. In addition, the building area or coverage will decrease from 55,491 square feet to 41,700 square feet while the two buildings will feature a 38 foot wide, 4-story opening between the 2nd and 6th floors for better views and increased air circulation. Lastly, as part of this approval, the petitioner proposes to upgrade the on-site sewer package plant which has been experiencing operating problems. The present system has to be pumped out and hauled away on a daily basis. It's staff's opinion that conforming buildings could be constructed on site. However, the petitioner states that the increased building height is needed to comply with the more recent ADA requirements and to provide for a more innovative architectural design that is intended to improve light and air -1- JAN 0 7 ~997 circulation and improve views between buildings. To accomplish this task, the petitioner proposes to construct two 75 foot tall buildings that will provide a smaller lot coverage area than the three (3) approved 50 foot tall buildings. As a result, the distance between the new structures is proposed for 50 feet and 75 feet while the distance between the existing 50 foot tall buildings average 20 feet. Therefore, a literal application of the Code would result in a hardship by requiring shorter wider buildings thereby reducing the light and air circulation in and around the buildings. The petitioner contends that development has been problematic to commence new construction because of the unusual shape of the property, poor site design by previous owners, a partially built structure and an inadequate sewage package plant. As a result, the petitioner claims that these special conditions have caused problems preventing any new development. Therefore, the site location and shape are special conditions that they did not create and which exacerbates the problems with the current project design. Furthermore, the petitioner is only seeking the minimum amount to allow for the location of the two 75 foot tall buildings and to comply with the requirements of the Land Development Code. In addition, it is unlikely that any detriment to the public welfare would result from the approval of this petition. The Collier County Planning Commission reviewed this petition on November 21, 1996 and they have determined that a special condition exists concerning the unusual shape of the property. Therefore, the CCPC recommended approval of the variance. FISCAL IMPACT: Approval of this petition will have no direct fiscal impacts to Collier County. GROWTH MANAGEMENT IMPACT: None. The proposed variances does nothing to affect this property's consistency with the County's Growth Management Plan. ~LkNNING COMMISSION RECOMMENDATION: That the Board of Zoning Appeals approve the 25 foot variance from the required 50 foot maximum height limit of 50 f~et to 75 feet for petition V-96-22 because of the special conditions concerning the unusual shape of the property, and that the variance will not adversely impact light/air circulation, public health/safety concerns, and will not be injurious or otherwise detrimental to the adjacent properties. -2- NO, ~ JAN 0 ? 1997 PREPARED BY: PAY Q~ELLOWS PRINCIPAL PLANNER REVIEWED BY: .~ O~' T J. MULHERE, AICP MANAGER CURRENT PLANNING SER~ICE$~ DONALD.. AP~NOLD, AICP, DIRECTOR 'V~NCENT A, CAUTERO, ADMINISTRATOR COP~fUNITY DEV. AND ENVIRONMENTAL SVCS. RVB/rb/EXS~ARY/V-96-22 It- t~- 76 DATE DATE DATE No. ~ JAN 0 7 1997 ~0XI COMIfl]NITY DEVELOPMENT ~ERVICE8 DIVI~IO~ PETITION NO; V-96-2~f R, BRUCE ANDERSON OF YOUNG, VAN AI~NDE~ & VA~NAD0~, P,A,, REPRIBL~TIN0 AL~T J0 10C0h, MAXIMUM HEIG~ LIMIT TO 75 FE~ FOR ~O RESID~I~BUI~INGS FOR PROPERTY ~CATED IN THE ~ P~INS~ D~~ IN SE~ION 6, TO. SHiP 52 SO.H, ~GE 26 ~ST. AGENT/APPLICANT: Petitioner: Albert J. Socol (Contract Purchaser) 3357 Cerrito Court Naples, Florida 34109 Agent: R. Bruce Anderson Young, Van Assenderp & Varnadoe, P.A. 801 Laurel Oak Drive Suite 300 Naples, Florida 34108 REOUESTED ACTION: The petitioner is requesting a 25 foot variance from the required 50 foot maximum height limit to 75 feet for two residential buildings in lieu of three buildings at 50 feet in height. GEOGRAPHIC LOCATION: The subject property is located on the southeast end of Pelican Street in the LA Peninsula Development in Section 6, Township 52 South, Range 26 East. (See illustration following page) PURPOSE;DESCRIPTION OF PROJECT~ The subject 6.336 acre tract in La Peninsula is zoned RMF-12 and has been approved for 74 units. Construction began in 1984 on this multi-family project that was to contain nine separate 50 foot high buildings. At the present time only six buildings have been completed while construction was stopped on the 7th building due to financial difficulties. As a result, the building shell has become ~ n ev.~. nnt only for project residents but can be seen from the Gul! of--~ well. The petitioner intends to demolish this partiall c --1-- JAN 0 7 1997 p~. ~' JAN 0 ? 1~ Pi. building, and in its place (including the 8th and 9th buildings), the petitioner seeks a variance to allow a building height of up to 75 feet for two (2) new residential buildings rather than the three 50 foot buildings currently approved. No additional dwelling units are proposed. Instead only the units (i.e. 74) will be contained in the two taller buildings. It should be noted that the two new buildings will have larger setbacks (ranging from 35 feet to 140 feet) which will increase the amount of open space over the originally approved plans. In addition, the building coverage will decrease from 55,491 square feet to 41,700 square feet while the two buildings will feature a 38 foot wide, 4-story opening between the 2nd and 6th floors for better views and increased air circulation. Lastly, as part of this approval, the petitioner proposes to upgrade the on-site sewer package plant which has been experiencing operating problems. The present system has to be pumped out and hauled away on a daily basis. SURROU~IN~ L~ND USE A~D ZONING~ Existing Conditions: The site is partially developed with six 50' tall buildings containing 138 units; Zoned: RMF-12. Surrounding: North - Inland Waterway & Pelican Street; Zoned: RSF-4. East - Vacant & Marco Towers; Zoned: RMF-12 & RMF-16. South - La Peninsula Residential; Zoned: RMF-12. West - Gulf of Mexico. GROWTH MANAGEMENT PLAN CONSISTENCY: The proposed variance does nothing to affect this property,s consistency with the County's Growth Management Plan. Section 2.7.5 of the Land Development Code gives authority to the Board of Zoning Appeals (BZA) to grant variances. The Planning Commission is advisory to the BZA and utilizes the provisions of subsection "4" (a) through (f) which are general guidelines to be used to assist the Commission in making a determination. Responses to items in this Subsection are as follows: ae Are there special conditions and circumstances existing which are peculiar to the location, size and characteristics of the land, structure, or building involved. Yes, The La Peninsula development is on a peninsula surrounded on two sides by water. The southern half of the development is already improved with six condominium buildings that are 50 feet in height. Due to the narrow and irregular shape of the remainder of the pen~~ ~%he currently approved project would allow for hre~oa~al --2-- be Co buildings with a building coverage of 55,491 square feet. If built as approved, the three buildings would reduce the views of the Gulf of Mexico and restrict air circulation to the existing development versus the proposal to construct two taller buildings with less building coverage. ~re thsre special conditions and circu~stancas which do not result from the action of the applicant such as pre-existing conditions relative to th,i property which is the subject of the variance request? Because of the unusual shape of the property, poor site design by previous owners, a partially built structure and an inadequate sewage package plant, the petitioner claims that these special conditions have caused problems preventing any new development. Therefore, the site location and shape are special conditions that they did not create and which exacerbates the problems with the current project design. Will the literal intsrpretation of tho provisions of this Code work unnecessary and undue hardship or create practical difficulties on the applicant? It is staff's opinion that a conforming structure could be placed on site. However, the petitioner states that the increased building height is needed in order to create an architecturally compatible building style that also complies with the more recent ADA and Life Safety Code requirements. Therefore, a literal application of the Code would result in a hardship and create practical difficulties on the applicant by requiring shorter buildings that have larger lot coverage which will block views and restricts air circulation. Will the variance, if granted, be the minimum variance that will make possible the reasonable use of the land, building or structure and which promote standards of health, safety or welfare? Yes, the petitioner is only seeking the minimum amount of building height to allow the proposed condominium buildings to contain the permitted 74 units while reducing the building coverage and increasing setbacks and open space. Will the granting of 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 sans district? development standards for building height related hardship substantiated, the granting of will confer on the petitioner a special privi To the extent that by granting a relaxation to the required thi~o.~ [ege otherwise JAN 0 ? 1997 -3- denied by these regulations to other lands, buildings or structures in the same zoning district. However, the greater building height will allow for larger setbacks and increased open space beyond those regl/ired by the RMF-12 zoning district. 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? It is staff's opinion that the granting of this variance will not be in keeping with the general intent and purpose of the RMF-12 district; however, the LDC does allow for 100 foot tall buildings in the "RT" District and 75 feet the RMF-16 District. In addition, construction of the project will be in the public interest due to the removal of the partially constructed shell building that is an eyesore to the local residents. The proposed improvements to the package treatment facility will also be a benefit to all residents. Furthermore, the granting of the variance will be in harmony with the existing 75 foot tall Marco Tower to the east and provides increased setbacks and more open space. Therefore, it is unlikely that any detriment to the public welfare would result from the approval of the height variance since the proposed increase will not block the views of adjacent residences, nor increase density. 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. There are existing natural conditions in that the development is surrounded by water on two sides on a narrow point of land. There are also physical conditions such as the 6 existing 50 foot buildings, one partially built structure and the existing 75 foot tall Marco Tower building to the east. The proposal to allow two 75 foot tall residential buildings instead of the approved three 50 foot tall buildings will provide for improved view corridors and increased setbacks, greater open space and improved air circulation. Will the variance be consistent with the Growth Management Plan It should be noted that the GMP provides no direction relative to the height of buildings. Therefore the proposed variance does not impact consistency with the GMP. The variance will not add any additional dwelling units to the amount currently approved for the site. The petitioner states that the removal of the partially constructed building and replacement of two other buildings with 2 new 75 foot tall buildings will act as gateway entrance into Isle of Capri from the Gulf of ~~ NO. -4- JAN 0 7 1997 ~T~FF RECOMMENDATION= Staff recommends that the Collier County Planning Commission forward Petition V-96-22 to the BZA with a recommendation for approval. PREPARED BY: RAY B~LOWS~ ' DATE PRINCIPAL PLANNER REV~L~D By~. ROBERT J. MULHER~,, AICP, .MANAGER PLANNING SERVICES ~<"- . ' DONALD W~ AR/gOLD, AICI~j~'.DIRECTOR P Lk~ LRfG SERVICES V · TERO, ~MINIST~TOR COMITY DEVELOPMENT ~D E~IRO~ENTAL SERVICES DATE /~. DATE DATE Staff Report for the December 5, 1996 CCPC meeting. NOTE: This Petition has been advertised for the December 10 1996 BCC meeting. ' C_O~L~R COUNTY PLANNING COMMISSION: MICHAEL A. DAVIS, CHAIRMAN STAFF REPORT/V-96-22/RVB/rb -5- AG E~1'~'~"IT~[ ~' ] JAN 0 ? 1997 .,. It'> NO. 97-~ RELATXH~ TO PETITION N~(BER V-95-22, FOR A VAR~ANC~ ON PROPERTY HERET~4AFTER DESCRZBED 2N COLLIER ¢0U~'TY, FLORZDA. WHEREAS, the I~gislature of the State of Florida in C~apter 125, Florida Statutes, has conferred on all counties in Florida the power to establish, coordinats and enforce zoning and such business regulations aa are necsssary for the protection of tbs public~ and WHEREAS, tbs 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 ~ERE~S, the Board of Zoning Appeals, being the duly elected constituted Board of the area herebM affected, has held a public hearing after notice as in said regulations made and provided, and has considered the advisabilitM of a 25-foot variance from the permitted height of 50 feet to 75 feet for two (2) residential buildings in lieu of three (3) residential buildings at 50 feet in height with a total of 74 units for property aa sho~ on the attached plot plan, Exhibit "A~, in an ~F-12 zone for ~he propertM hereinafter described, and has found as a matter of fact that satisfactory provision and arrangement have been made concernin~ all applicable matters required by said regulations and in accordance with Section 2.?.5 of the Zoning Regulations of said I~nd Development Code for the unincorporated area of Collier County~ and D?HEREAS, all interested parties have been given opportunitM to be heard b2 this Board in public meeting assembled, and the Board having considered all matters presented; ~OW THEREFORE BE XT RESOLVED BY THE BO~ OF 20NYNG APPEALS of Collier CountM, Florida, that: The Petition V-96-22 filed bM R. Bruce Anderson of Young, van Assenderp & Varnadoe, P.A., representing A~bert ~. Socol~ with respect to the propert~ hereinafter described as: Exhibit JAil 0 ? 1997 be and the same hereby is approved for a 2S-foot variance frms the permitted height of 5,3 feet to 75 feet for two (2) residential buildings in lieu of ~hree (3} residential buildings at $0 feet of height with a total o~ 74 units as shown on the attached plot plan, Exhibit ~A~, of the R~F-12 zoning district wherein said property is located, subject to the following conditions: 1. The variance shall be only for the 25 foot increase in height from $0 feet to 75 feet for the two residential buildings as depicted on the attached site plan, Exhibit 2. AnM change or amendment of the attached site plan shall be subject to review and approval under Section 2.?.~.S of the Collier County Land Development Code, as if the site plan were a PUD Heater Plan. 3. The variance for the 2S foot increase in height froa SO feet to ?5 feet shall only be for those two residential buildings aa depicted on the specific drawings by #eisa & Socol Architects, Chartered listed below and attached as Exhibit ND#, and no other buildings nay be constructed under the authori~y of this Resolution other than as depicted in Exhibit 'D" described as: Rear waterfront elevation, front and side elevations dated ?-9~ two renderings of the Dauphine at Isle of Capri, facing North and South dated 9-8-96. 4. Petitioner, Albert J. $ocol, shall defend the Board of Zoning Appeals of Collier County and hold the Board of Zoning Appeals of Collier County harmless if any subsequent court challenge is filed contesting approval of Petition V-95-22. BE IT RESOLVED that this Resolution relating to Petition Number V-96-22 be recorded in the minutes of this Board. Commissioner offered the foregoing Resolution and moved ~or its adoption, seconded by Commissioner and upon roll call the vote was: AYES: NAYS: ABSENT AND NOT VOTING: ABSTENTION: -2- NO. ~ JAN 0 ? 1997 Dons this ATTESTs DWIGHT E. BROCK, CLERK day of 1997. BOARD OF ZONING APPEALS COLLIER COUNTY, FLORIDA APPROVED AS TO FORH AND LEGAL SUFFICIENCY: ~ARJORIE M. STUD£NT ASSISTANT COUNTY ATTORNEY V-96-22 VARIANCE RESOLUTION/18~75 JAil 0 7 1997 ?/ ? 1997 JAN 0 ? 1997 o AG£~AIT£M No, ~ J/~N 0 ? 1997 ,,, II iii,, 1997 RESOLUTZOH NO. 96- RELA?ING TO PETI?ION I¢~NBZR V-96-22, FOR A VARIANCE ON PROPERTY BEREINAFTER D£SCRIBED IN COLLIER COUNTY, FLORIDA. ~EREAS, the ~eqislature o£ the ~cate of Florida in ~hapter 125, Florida Statutea, hae conferred on all counties in Florida ~he pover to establish, coordinate and enforce zoninq and such business requlatlons as are necessary for the protection of the public; and t~HEREAS, the County pursuant thereto has adopted a Land Development Code (Ordinance No. 91-102) which establishes rec~lations for the zoninq of particular qeogTaphic divisiona of the County, asonq vhich is the qranting of variancea~ and {~HERZAS, the Board of Zoninq Appeals, beinq the duly elected constituted Board of the area hereby affected, has held a public hearinq after notice as in said requlations made and provided, end has considered the advisability of a 2S-foot variance from the permitted height of 50 feet to 75 feet for tvo (2) residential buildinqs in lieu of three (~) residential bulldinqs at 50 feet in heioht vith a to,al of 74 units for property as sho~n on the attached plot plan, Exhibit 'A", in an R~F-i2 zone for the property hereinafter described, and has found as a matter of fact that eatisfactory provision and arranqesent have been ~ade concerning all applicable ~attera required by said requlations and in accordance vith Section 2.7.5 of the Zoninq Regulations of said Land Development Code for the unincorporated area of Collier County; and ~HEREAS, all interested parties have been qiven opportunity to be heard by this Board in public meetinq assembled, end the Board havinq considered all ~attera presented; NO~ THEREFORE BE I?RESOLV~D BY THE BOA{U) OF 2ONING ~PPEALS of Collier County, Florida, that: The Petition V-96-22 filed by R. Bruce Anderson of Younq, van Assenderp & Varnadoe, P.A., representinq Albert ~. Socol, vith respect property hereinafter described as: to the AGENDA U£M NO. ~ JAN 0 7 1997 ! be and the sane hereby is approved for a 25-foot variance fron the permitted height of 50 feet to 75 feet for two (2) residential buildings in lieu of three (3) residential buildings at 50 feet of height with a total of 74 ~nita as shown on the attached plot plan, Exhibit "A", of the RMF-12 zoning district wherein said property is located, subject to the following conditions: The variance shall be only for ~he 25 foot increase in height from SO feet to ?$ feet for the two residential buildings as depicted on t. he attached site plan, Exhibit ~C~, Any change or amendment of ~he attached site plan shall be subject to review and approval under Section 2.7.3.5 of the Collier County Land Development Code, as if the sits plan were a PUD Nester Plan. The variance for the 25 foot increase in height from 50 feet to ?$ feet shall only be for those two residential buildings as depicted on the specific drawings by weiss & Socol Architects, Chartered listed below and attached as Exhibit "D", and no other buildings may be constructed under the authority of this Resolution other than aa depicted in Exhibit "D" described as: Rear waterfront elevation, front and side elevations dated 7-96; two renderings of the Dauphine at Isle of Capri, facing North and South dated 9-8-96. Petitioner, Albert 3. Socol, shall defend the Board of Zoning Appeals of Collier County and hold the Board of Zoning Appeals of Collier County harmless if any subsequent cour~ challenge is filed contesting approval of Petition V-9~-22. BE IT RESOLVED that this Resolution relating to Petition Number V-96-22 be recorded in the minutes cf this Board. Commissioner offered the foregoing Resolution and moved for its adoption, seconded by Commissioner and upon roll call the vote was: AYES: NAYS: ABSENT AND NOT VOTING: ABSTENTION: -2- NO. ~ JAN 0 ? p~. Done this ATTEST: DWIGHT E. BROCK, CLERK day of , 1996. BOARD OF ZONING APPEALS COLLIER COUNTY, FLOR/DA ]'~ ¢. NOP. RZS, CltAIRKAR APPROVED AS TO FORH AND LEGAL SUFFICIENCY~ ~tARJOR~E M. STUDENT ASSISTANT COUNTY ATTORNEY V-96-22 VARIANCE RESOLUTION/18375 -3- ,.lAN 0 ? '1997 0 ? 1997 EXHIBIT "B" De~cripUon o~r a port. of Government Lot 1 of Sect~¢~ 6. Tmm~ 52 ~ Rong~ 26 Eas~ ~11;~ ~ugty, ~, (~ndomlnium Po~ 7~, ~, g~ and ~ R~e~on Pa~cl' of) LA PENINSULA All thc;t part of C,o,,ernment Lot 1 of Sect3on 6. Township. 52 South. Range 26 East. Collier County. Florida. and be~g more partlcularty dem:~bed a~ Commencbng at the northeast ~omer of ea~d SoctJon 6; · · thence along the nodh line of lald Section 6 North ~8' 48' 27' Wed 740.10 feet to a point on the arc of a curve and the POINT OF' BEGINNING of the parcel herein described: thence southeastert/ 29.55 feet along the ar~ of a cir~ular curv~ coczave to the sou~hw.est, hc~ng a racfius of 50.00 feet. through a central ang eof East 28.57 feet; thence South 01' 11' ~ West 19.00 feet: thence southwesterly 22.94. feet olang, the arc of a circular curve concave to the north,est' haying a radius of 50.00 feet, through a central arkie of 4.3' 48' 27' and being subtended by a chc~d which bearm South 25' 05' 46' west 22.58 feet; ' thence South 45' 00' 00' West 45.36 feet: thence southerly 86.01 feet orang the arc of a clrcutor curve concave to the southeast% having a rcdlue at 128.00 feet, through a central angle of 38' 50' 00' and be;r~ subtended by a cho~d ,hich beam South 25' 45' 00' west 84.40 feet; thence South 06' 50' 00' West 49.67 feet: thence ~outhwesterty 65.65 feet along the arc of a circular curve concave to the northwest% ha-4ng a radius of 117.,55 feet, through a central angle of 32' 00' 00' anc~ I:>e;ng subtended by a chcH'd which beam South. 2Z 30' 00' West 64.80 feet. to c point of reveres curvature; thence southwe-sterly 142.07 feet along %he arc of a circular curv~ concave to the no~h,,est, ha,4n~ a radius of 220.00 feel through a central angle of 57' 00' 00' and being subtended by a chord which beam South 57 00' West 139.61 feet4 thence South 75' 50' 00' West 37.08 feet; thence westerly 158.41 feet along' the arc of a c~rcular cume concave to the north, having a radius of 561.00 feet' through a central angle of 16' 10' 42' and be;n~ subtended by a chord which beam South 83' 35' 21" We~t 157.88 feet: thence North 89' 50' 0g' West 62.60 feet; thence southwesterly 99.60 'feet along the arc of a circular curve concave to the so.uth, h<n4ng a radius of 274..85 feet. through a central angle of 20' 45 55" and be~n9 subtended by a chord which beam South 77' 1 I' 25' West 99.0~ feet; thence South 66' 00' 41' West 59.56 feet; thence eouthwesterh/ .114.31 feet dong the arc of a circular curve concave to thc southeast% having a radius of 478.58 feet' through a central angle of 13' 41: 26' and being subtended by a chord which beam South 58' 41' 42. West 114.03 feet; thence South 51' 50' 59' West 15.7,5 feet: thence southwesterly 70.05 feet along the am of a circular curve concave to the northwest' having a radius of 153.43 feet, through a central angle of 26. O9' 01" and being subtended by a chord ,hlch beam South 64' 55' 29' west ~9.42 fe~t; thence South 78' 00' 00' West 62.44 feet; thence southwa~terty 45.47 feet along the arc of a c~cular curve concave to the eoutheas't% herring a radius of '45.50 feet, through a corttrol angle of 57' 15' 30' and being subtended by a chord which beam South 49' 22' lg' West 43.60 feet; thence South 89' 20' 55' We~t along a non-ra4'M ~ne 151.02 feet to a point on the arc of <3 curve; thence northerly 103.51 feet alcm,g the arc of a ctmular curve concave to the southeast, having a rodlu,, of 160.00 feet. through a central angle of 36. 59' 41' and be;rig subtended by d chord which bea.,'l NortJ1 29' 46' 2' East 101.,52 feet; thence North 48' 16' 02' East 739.,51 feet to the.nec, th Ina of ax3ld Sect thence along the north llne of ~ald Sec'don 6 South 88' 48' 27' Ecet 43; feet to the POINT of BEGINNING. Contolnlng 6.5302 Act,s mom or subject to ec~ements and r~ltrlcUons of record; bearings ore based on the north line o1' SectJon 6, To~nshlp 52 South. R~ East. being North 88' 4,B' 27' West. LO4 No. ~ JAN 0 ? 1997 nge 26 ? 1997 JAN 0 7 1997 JAN 0 ? 1997 AG£N JAN 0 ? 1997 P~. ~ APPROVAL OF A CONTRACT REN~VAL WITH THE FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION (FDEP) TO PARTICIPATE IN 8TATEWIDE GROUND WATER QUALITY MONITORING EFFORT 9]~: TO have the Board of County Commissioners approve the attached contract with the Florida Department of Environmental Protection (FDEP Contract Number GW125). ¢ONSIDERATIONS~ The scope of the contract complies and is consistent with the Pollution Control Department's efforts relative to ground water quality monitoring and contributes to implementation of objectives and policies of the Growth Management Plan. In recognition of the potential duplication of effort, the State legislature has encouraged FDEP to enter into agreements with qualified local agencies wherever possible to perform such work [DER 403-063(1)]. With this contract, Pollution Control Department, FDEP and it's Contractor, South Florida Water Management District (SFWMD) shall agree to cooperate and eliminate duplication of effort, and optimize the ground water quality monitoring network and FDEP will share ground water quality monitoring data with the County. Contract Requirements: Contract requirements are listed in the attached Contract. FDEP agreed to compensate the cost associated with this contract up to $3,000.00. County staff will attend three (3) quarterly meetings of the FDEP Ground Water Quality Network (Attachments I). GROWTH MANAGEMENT IMPACT~ Approval of this contract will significantly contribute to implementation of many of the goals of the Conservation and Coastal Management Element of Growth Management Plan and Natural Ground Water Aquifer Recharge Sub-Element to protect the County's ground water resources. FISCAL ~MPACT: FDEP will fund the County, at the amount of up to $3,000. O0 for the work conducted. Funds and associated expenditure were budgeted and incorporated in Fund (114), Cost Center 178975 for Fiscal Year 96/97. JAN 0 ? 1997 ;,f. J_. Executive Summary page 2 RECOMMENDATIO~ That the Board of County Commissioners (1) approve the attached contract FDEP GW125 with the Florida Department of Environmental Protection (FDEP), which will provide the County with funds, not to exceed $3,000.00 for the Fiscal Year 96/97, and authorize the Chairman to execute the contract. (2) authorize staff to process budget amendments to reflect the final contract amounts. '4'.,%,4 Mary dornelisse, Clerical Supervisor Pollution Control Department G. G~orge Yilmaz, Ph.D., P.E., P.H. Director Pollution Control Department DATE: /) - 15 - $& Vincent Cautero, Administrator Community Development and Environmental Services Division GY/mc/6719 JAN 0 ? 1997 I~o C~ COPY AGI~ THIS AGREEMENT is entered into this day of , 19.. , between the FLORIDA DEPARTMENT OF ENVIRONMENTAL"' PROTECTION (hereinafter referred to as the "Department") and the COLLI£R COUNTY BOARD OF COUNTY COMMISSIONERS, whose address is County Governmental Center, 3301 E. Tam/ami Trail, Naples, Florida 33962 (hereinafter referred to as the "Contractor"), a governmental en=ity, for participation in the Ground Water ~ualtty Monitoring Network in Collier County. In consideration of =he mutual benefits to be derived herefrom, the Depar=men= and Con=factor do hereby agree as follows: The Department does hereby retain the Contractor for participation in the Ground Water Quality Monitoring Network in Collier County as defined herein and the Contractor does hereby agree to perform such services in accordance with Attachment A, Scope of Services, attached hereto and made a part hereof. The Con=factor does hereby agree to conduct these services for the Department upon the terms and conditions set forth in this Agreement and all attachments and exhibits named herein which are at=ached hereto and incorporated by reference. The Con=fac=or shall perform the services in a proper and satisfactor~ manner as determined by the Department. Any and all such equipment, products or materials necessary to perform these services, or requirements as further stated herein, shall be supplied by the Contractor. The Contractor shall perform as an independent contractor and not as an agent, representative, or employee of the Department. As consideration for the services rendered by the Contractor under the terms of this Agreement, ~he Department shall pay the Contractor on a fixed price basis in the amount of $3,000 as specified in Attachment A. All bills for amounts due under this Agreement shall be submitted in detail sufficient for a proper pre-audit and post-audit thereof. All travel and incidental expenses are included in the fixed price amount of this Agreement. This Agreement shall begin upon execution by both parties or December 1, 1996, whichever date is later, and be in effect until September 30, 1997, inclusive. The State of Florida's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature. Pursuant to Florida Statutes, the Department's Contract Manager shall have five (5) working days, unless otherwise specified herein, to inspect and approve the services for payment; the Department must submit a request for payment to the Florida Department of Banking and Finance within twenty (20) days; and the Department of Banking and Finance is given fifteen (15) days to issue a warrant. Days are calculated from the latter date the invoice is received or se~vice~ received, inspected, and approved. Invoice payment requiremen=~G~/~ JAN 0 ? 1997 D~P Contract No. GW125, Page i of $ start until a proper and correct invoice is received. Invoices which have to be returned to the Contractor for correction(e) will result in a delay in the payment. A Vendor Ombudsman has been established within the Department of Banking and Finance who may be contacted if the Contractor is experiencing problems in obtaining payment(s) from a State of Florida agency. The Vendor Ombudsman may be contacted at 904/488-2924 or 1-800-848-3792. 10. In accordance with Section 215.422, Florida Statutes, the D~partment shall pay the Contractor, interest at a rate as established by Section 55.03{1), Florida Statutes on the unpaid balance, if a warrant in payment of an invoice is not issued within forty (40) days after receipt of a correct invoice and receipt, inspection, and approval of the goods and services. Interest payments of less than $1 will not be enforced unless a contractor requests payment. The interest rate established pursuant to Section 55.03(1), by Comptroller's Memorandum No. 10 (1995-96} dated December 1, 1995, has been set at 10.0% per annum or .02740% per day. The revised interest rate for each calendar year beyond 1996 for which the term of this Agreement is in effect can be obtained by calling the Department of Banking and Finance, Vendor Ombudsman at the telephone number provided above or the Department's Contracts Section at 904/922-5942. The purchase of any equipment costing $S00 or more is not authorized using funds from this Agreement. Each party hereto agrees that it shall be solely responsible for the wrongful acts of its employees and agents. However, nothing contained herein shall constitute a waiver by either party of its sovereign immunity or the provisions of Section 768.28, Florida Statutes. 11. The Department's Contracts Administrator may terminate this Agreement for the Department's convenience by giving thirty (30) calendar days written notice to the Contractor. Said notice shall be sufficient if delivered personally or by certified mail to the address contained herein. In case of such termination, the Contractor shall be compensated for work satisfactorily completed and irrevocable commitments made. 12. 13. Any and all notices shall be delivered to the parties at the following addresses: Contractor Departmen~ Collier County Board of County Commissioners County Governmental Center Attn: George Yilmaz 3301 E. Tamiami Trail Naples, FL 33962 Florida Department of Environmental Protection Bureau of Water Resource Protection Attn: David Adams, MS#3525 2600 Blair Stone Road Tallahassee, FL 32399-2400 Pursuant to Section 216.2815, Florida Statutes, all records in conjunction with this Agreement shall be public record and shall be treated in the same manner as other public records are u law. This Agreement may be unilaterally canceled by eith PEP Contract No. ~W125, Page 2 of 6 ,JAN 0 ? ]997 P~. _ ~ refusal by the other party to allow public access to all documents, papers0 letters, or other ma=erie1 sub]cc= to the provisions of Chapter 119, Florida Statutes, and made or received by either party in conjunction with this Agreement. 14. This Agreement may be terminated by either party at any time for failure of the other party to perform in accordance with the terms and conditions contained herein. 15. The Department's Contract Manager is David Adams, Phone 904/488-3601. The Contractor's Contract Manager is ~eorge Yilmaz0 Phone 941/774-8904. Ail matters shall be directed to the Contract Managers for appropriate action or disposition. 16. The Department may at any time, by written order designated to be a change order, make any change in the work within the general scope of this Agreement (e.g., specifications, time, method or manner of performance, requirements, etc.}. All change orders are subject to the mutual agreement of both parties as evidenced in writing. Any change order which causes an increase or decrease in the Contractor's cost or t/me shall require an appropriate adjustment and modification (formal amendment) to this Agreement. 17. It is expressly understood and agreed that any articles which are the subject of, or required to carr~ out, this Agreement shall be purchased from the corporation identified under Chapter 946, F.S., if available, in the same manner and under the same procedures set forth in Section 946.515(2), (4), F.S.; and for purposes of this Agreement the person, firm or other business entity carrying out the provision of this Agreement shall be deemed to be substituted for this agency insofar as dealings with such corporation are concerned. The "Corporation identified', is PRISON REHABILITATIVE INDUSTRIES A~D DIVERSIFIED ENTERPRISES, INC. (P.R.I.D.E.) which may be contacted at: P.R.I.D.E. 5540 Rio Vista Drive Clearwater, Florida 34620-3107 Telephone: (813)535-4900 18. 19. 20. The Contractor warrants that it has not employed or retained any ccmpany or person, other than a bona fide employee working solely for the Contractor to solicit or secure this Agreement and that it has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for the Contractor any fee, commission, percentage, gift or other consideration contingent upon or resulting from the award or making of this Agreement. The Contractor covenants that it presently has no interest and shall not acquire any interest which would conflict in any manner or degree with the performance of services required. This Agreement has been delivered in the State of Florida and shall be construed in accordance with the laws of Florida. Wherever possible, each provision of this Agreement shall be interpreted in such manner as to be effective and valid under applicable law, but if any ~rovil~~, Co trac JAN 0 7 1997 21. this Agreement shall be prohibited or invalid under applicable law, such provision shall be ineffective to the extent of such prohibition or invalidity, without invalidating the remainder of such provision or the remaining provisions of this Agreement. Any action hereon or in connection herewith shall be brought in Leon County, Florida. The Contractor shall maintain books, records and documents directly pertinent to performance under this Agreement in accordance with generally accepted accounting principles consistently applied. The Department, the State or their authorized representatives shall have access to such records for audit purposes during the term of the Agreement and for three years following Agreement completion. In the event any work is subcontracted, the Contractor shall similarly require each subcontractor to maintain and allow access to such records for audit purposes. 22. 23. 24. 25. 26. No delay or failure to exercise any right, power or remedy accruing to either party upon breach or default by either party under this Agreement, shall impair any such right, power or remedy of either party; nor shall such delay or failure be construed as a waiver of any such breach or default, or any similar breach or default thereafter. The Contractor recognizes that the State of Florida, by virtue of its sovereignty, is not required to pay any taxes on the services or goods purchased under the terms of this Agreement. This Agreement is neither intended nor shall it be construed to grant any rights, privileges or interest in any third party without the mutual written agreement of the parties hereto. No person, on the grounds of race, creed, color, national origin, age, sex, or disability, shall be excluded from participation in; be denied the proceeds or benefits of; or be otherwise subjected to discrimination in performance of this Agreement. This Agreement is an exclusive contract for services and may not be assigned in whole or in part without the written approval of the Department. 27. The Contractor shall not subcontract, assign, or transfer any work under this Agreement without the prior written consent of the Department's contract manager. The Contractor agrees to be responsible for the fulfillment of all work elements included in any subcontract consented to by the Department and agrees to be responsible for the payment of all monies due under any subcontract. It is understood and agreed by the Contractor that the Department shall not be liable to any subcontractor for any expenses or liabilities incurred under the subcontract and that the Contractor shall be solely liable to the subcontractor for all expenses and liabilities incurred under the subcontract. 28. To the extent required by law, the Contractor will be self-insured against, or will secure and maintain during the life of this Agreement, Workers' Compensation Insurance for all of his employees connected with the work of this project and, in case any work is subcontracted, Contractor shall / require the subcontractor similarl~ =,. Contract 125, ag, 4 / ! JAN 0 7 1997 29. 30. Workers' Compensation Insurance for all of the latter's employees unless such employees are covered by the protection afforded by the Contractor. Such self-insurance program or insurance coverage shall comply fully with the Florida Workers' Compensation law. In case any cla6s of employees engaged in hazardous work under this Agreement is not protected under the Workers' Compensation statute, the Contractor shall provide, and cause each subcontractor to provide, adequate insurance satisfactory to the Department, for the protect/on of his employees not otherwise protected. The Contractor, as an independent contractor and not an agent, representative, or employee of the Department, agrees to carry adequate liability and other appropriate forms of insurance. The Department shall have no liability except as specifically provided in this Agreement. A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not perform work as a contractor, supplier, subcontractor, or consultant under a con=tact with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, F.S., for Category Two, for a period of 36 months from the date of being placed on the convicted vendor list. This Agreement represents the entire agreement of the part/es. Any alterations, variations, changes, modifications or waivers of provisions of this Agreement shall only be valid when they have been reduced to writing, duly signed by each of the parties hereto, and attached to this original of this Agreement. REMAINDER OF PAGE INTENTIONA/,Ly LEFT BIt~R~K DEP Contract No. ~W125, Page 5 of 6 JAN 0 ? 'V' IN WXTNESS W~EP~EOF, the parties have caused this Agreement to be duly executed, the day and year first above written. COLLIER COUI~ BOAJ~D OF COUN~ COMMISSIONERS Title: John C. Norris, Chairman Collier County Board of County Commissioners County Governmental Center 3301 E. Tamiami Trail Naples, FL 33962 FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION Director, Division of Water Facilities or Designee Contracts Aclministratd~r Attest: Dwight E. Brock, Clerk Date: (Seal) Approved as to form and legality: Approved as to for~ and legal sufficiency: Assistant County Attorney Thomas C. Palmer FBID No. 59-6000558 List of attachments/exhibits attached hereto and made & part of =his contract: Specify _ ~'VDe At:achment Letter/ ~umber Description finclud~ number ~f A Scope of Services (1 Page) REMINDER OF PAGE IN~IONALLY LEFT BL~/TK DEP Contract No. G'W125, Page $ of 6 AGE T NO. ~ JAN 0 7 1997 ATTACHMENT A SCOPE OF SERVICES CONTRACT TASKS Each activity to be performed has been identified and described as a separate task. TASK I. ATTEND GWQM PROGRAM MEETINGS One or more Contractor staff members will attend three quarterly GWQM meetings (one each in north, central and south Florida). Appropriate Contractor staff will attend one sampling course in 0cala and another in Tallahassee. Also, appropriate staff will attend an ECAD (Easy Computer Aided Design) training workshop in the City of Alachua. Each of the aforementioned meetings will last approximately 2-5 days. An estimated one one-day miscellaneous meeting will be held in Tallahassee which is estimated to require the attendance of one person. TASK II. FINAL REPORT Summarize all activities associated with this Agreement into a final report. REPORTING REQUIREMENTS The Contractor shall submit progress reports every four (4) months in conjunction with an invoice. Each progress report shall indicate work performed during the reporting period, percentage of project completed, work scheduled for the next report period, problems encountered, and planned solutions. A final report, as described in Task II above, shall be submitted to the Department no later than the completion date of the Agreement. PAYMENTS The Contractor shall submit invoices every four (4) months, based on the percentage of project completion, in conjunction with progress reports as required herein. A final invoice must be submitted no later than thirty (30) days after the completi¢.n date of the Agreement, to assure the availability of funding for final payment. The Department shall have fourteen (14) calendar days from receipt of a deliverable to review said deliverable to determine satisfactory performance. If said deliverable is acceptable to the Department, the invoice shall be processed for payment with the invoice processing time beginning on the date the Department approved the work product submitted by the Contractor. DEP Contract No. G14125, Attachment A, Page i of I JAN 0 ? 1997 EXECUTTVB flUIOf. ARY RBC~]tT~'ON TO Al)PROVE FOR RECORDTN(3 THB FI~ P~T OF "~PLB8 H~ITAOE ~LF & CO~Y CL~ ~S "B" & **CS" ~ ~PRO~ ~B ~TION OF PORTIONS OF ~E ~~ED ~T OF "~LEB H~ZTAGB ~LF & CO~Y CLX; ~B 0~", ~ZTZON ~V-96-031 To approve for recording the final plat of WNaples Heritage Golf & Country Club Tracts "B" & "C5" Replat",a subdivision of lands located in Section 3, Township 50 South, Range 26 East, Collier County, Florida, and approve the Vacation of portions of the recorded plat of "Naples Heritage Golf & Country Club, Phase One", Petition AV-96-031. CONSIDERATIQN: Engineering Review Section has completed the review of the construction drawings, specifications, and final plat of "Naples Heritage Golf & Country Club Tracts "B" & "C5" Replat". These documents are in compliance with the County Land Development Code and Florida State Statute No. 177. All fees have been paid. There are no subdivision related improvements associated with this plat. Engineering Review Section together with the County Attorney's Office has reviewed the Vacation Petition and prepared a Resolution authorizing the acceptance of the new plah, and authorizing the vacation of portions of the "Naples Heritage Golf & Country Club, Phase One" plat. Engineering Review Section recommends that the final plat of "Naples Heritage Golf & Country Club Tracts "B" & "C5" Replat" be approved for recording. FISCAL IMPACT: The fiscal impact is as follows. The County will realize revenues as follows: Fund: 113 Agency: County Manager Cost Center: 138900 - Development Services Total revenue generated by this project: $1,006.20 The breakdown is as follows: a) Plat Review Fee ($425.00 x 2 + $4./ac) b) Vacation Petition -$ -$ ~06 JAN 0 7 1997 P~. / Executive Summary Naples Heritage Golf & Country Club Tracts "Be & "C5" Replat Page 2 GROWTH MANAGEMENT IMP~CT~ The concurrency waiver and release for this project has been reviewed and approved by the County Attorney's office. ~ICOMMEND~TION~ That the Board of County Commissioners approve the Final Plat of "Naples heritage Golf & Country Club Tracts "Be & "C5" Replat", and approve Petition AV-96-031 with the following stipulations. 1. Authorize the recording of the Final Plat of -Naples Heritage Golf & Country Club Tracts "B" & "C5" Replat". 2. Authorize the Chairman to execute the attached Resolution. 3. That the Clerk make notation of this action upon the original plat of "Naples Heritage Golf & Country Club, Phase One". PREPARED BY: John R. Houldsworth, Senior Engineer Engineering Review R~ED BY: .~_ Tho~a's-E.' Kuck, ~.E.- -- Engineerin~ Review M.~ager, Donald W. Arnold, AICP '~incent Al Cautero, Administrator Co.unity Dev. and Environmental Svcs. Date Date Dat~ Date COMMUNITY DEVELOPMENT SERVICES DIVISION JRH JAN 0 ? 1997 INDEX MAP NOT TO SCALE VICINITY MAP JAN 0 7 1997 Pg. ~,~ IN! C~ C[ Al $. S( H, T~ C[ A~ 7, C~ C 0 P C I^ 8. F. S 3 £: C ¢ I! C PETITION FORM FOR VACATION OF PLAT OCCURRING SIMULTANEOUSLY WITH REPLAT Date Received: I! Petitiow'Ow'ner: NAPLF. S HERITAGE/CLYDE. C. QU1NBY Address: __J$O0 AIRPORT-PULLING ROAD N. City/State: ._NAPLES, FL Agent: McANLY ENGINEERING AND DESIGN. INC. Address: $101 TAMIAMI TRAIL EASE SUITE 202 City/State: .._.NAPLES. FL Location: Section 9 Township _.riO SOUTH_ Legal Description: SEE A TTA CHMENT (4 PA GE.S) Petition #: A '/- _C~ Telephone: __2 61-1166,, Zip Code: __$4109 Telephone: _775-0723 Zip Code: _$4113 Range 26 EAST SubdMsion: NAPLES HERITAGE GOLF & COUNTRY CLUB Plat Book 26 Page (s) 75 THROUGH 80 Reason for Requesting: ~TO EXCA VA TE LAKES FOR ONSITE FILL Current Zoning: PUD Does this effect density.'? NO I H~ove to Represent Me for this Petition: Yes Sighature of Petitioner Date ~ vtc6 - ~,e.E~t'D~.~i-, OS,14an,"~ ColLt~og.t:n'to.'3 Printed Title AGE¥9,~ Nil. ~ ,JAN 0 ? 1997 Pl. ' ! Clyde ¢. Ou£r~7, who as True~ee, nm ~;he o~ner of ~he real proper~7 described on ~ibi~ 'A' aC~ached he~eco ~d ~de a ~rC here~n by reference, her~ ap~inc Pe~er Comeau of U.S. ~e Co.ration as ~ A==omey-in-Facc =o ac= in ~ capacity Co any and all of the following: To apply for, ~d ex~_ nece~sa~ documen=s =o ob=sin ill environ~=ll and l~d de~el~p~= pemi~s and develo~n= orders =o be issued by Collier coun=y, ~ou=n Florld~ Wa=er Managem~n~ Dis~ric~. Flo~i~ Depa~man= ol ~viro~n~ll Pro~ec~ion, and ocher s=a=e, federal and co~=Y agencies =ha= are necessa~ for develo~en= ot ~he pro~r=y descrt~ in ~bi~ ~A', tn accordanc~ wi~h ~ ~as~r Plan and ~ do~t aa a~pted ~ Collie~ Cowry In Collier Co~Y o~inance No. ~5- 74 on ~ce~r 12, 1995. ~y ~d all =he righ=s and p~ers ~an~ed s~ll c~nce and ~ in full iorce and eflec= aa of ~ril 4, 1996, and shall re. in in full force and ei~ec= un=il April ~. 1997. IN WI~SS ~EREOF. I have se~ ~y hsnd and seal on chis =he q~[~ day oi ~ril, 1996. Witnesses: Signature ~ 0_ ol Name Printed Signature Name Printed ~.~_ Clyde C. 20 t 16 OR: 2189 PG: 0229 STATE OF FLORIDA co~-~ oF gof(;ec .. The foregoing ins~rumen= was acknowledged before me =h£e_~ay of SignatUre o~ N~tary Public State of Florida Prin~, Type or Sta3=p Commissioned Name of Notary Public OR Produced IdenCifica=ion 76'71 JAN 0 ? 1997 05-3~-1996 12: 991~ LEGAL DESCRIPTION TRACTS "CrC4A" and "GC4B", NAPLES IKERITAGE GOLF & COUNTRY CLIJ'B TRACT "GC4A" Commence at the North 1/4 comer Section 9, Township $0 South, Range 26 East, and run S00°46'52"E for 682.33 feet; thence run NggaI3'08"E for 25.44 feet to the "POINT OF BEGINNING", said point being on a curve concave Southeasterly; Thence run 63.38 feet along the arc of said curve having a radius of 40.00 feet, an included angle of 90°46'52'', a chord of 56.95 feet, and a chord bearing of N44°36'34"E to a point oftangency; thence mn sg0°00'00"E for 63.44 feet to a point ofcurvature ora curve concave Southwesterly; thence mn I01.26 feet along the arc of said curve having a radius of 60.00 feet, an included angle of 96°41'31'', a chord of 89.66 feet, and a chord bearing of S41°39'15"E to a point of reverse curvature ora curve concave Southeasterly; thence run 45.03 feet along the arc of said curve having a radius of 1002.00 feet, an included angle of 02034'29', a chord of 45.02 feet, and a chord bearing of S05024'16"W to a point of reverse curvature of a curve concave Northeasterly; thence run 175.80 feet along the arc of said curve having a radius of 1002.00 feet, an included angle of 10°03'09'', a chord of 175.58 feet, and a chord bearing of S00'54'33"E to a point of reverse curvature ora curve concave Southwesterly;, thence run 24.53 feet along the arc of said curve having a radius of 120.00 feet, an included angle of 11042'37", a chord of 24.48 feet, and a chord bearing of S00°04'49"E to a point of tangency; thence run S05°46'30"V,,' for 99.91 feet to a point of curvature of a curve concave Northwesterly; thence run 29.25 feet along the arc of said curve having a radius of 120.00 feet, an included angle of 13057'53'', a chord of 29.18 feet, and a chord bearing of S12045'26"W to a point oftangency; thence run S19'44'23"W for 56.48 feet to a point ofcurvature ora curve concave Northeasterly; thence run 26.12 feet along the arc of said curve having a radius of 20.00 feet, an included angle of 74049'$6", a chord of 24.30 feet, and a chord bearing of S17040'35"E to a point oftangency; thence run S55005'33"E for 46.18 feet to a point of curvature ora curve concave Southwesterly; thence run 97.20 feet along the arc of said curve having a radius of 60.00 feet, an included angle of 92°49'01'', a chord of 86.91 feet, and a chord bearing of S08°41'0Y'E to a point of tangency; thence run S37°43'2T'W for 74.10 feet to a point of curvature ora curve concave Southeasterly; thence run 34.25 feet along the arc of said curve having a radius of 30.00 feet, an included angle of 65024'49'', a chord of 32.42 feet, and a chord bearing of S05001'03"W to a point of tangency; thence run S27041'22"E for 55.64 feet; thence run N86*31'0T'W for 14.93 feet; thence run S57036'13"W for 161.18 feet; thence run N00046'52"W for 813.52 feet to the "POINT OF BEGINNING", containing 2.81 acres, more or less, subject to easements, restrictions, and reservations of record; O ? TRACT "GC4B" Commence at the North 1/4 comer Section 9, Township 50 South, Range 26 East, and run S00°46'52"E for 4856.28 feet; thence run S$9°35'44"E for 247.27 feet; thence run N00°24'I6"E for 50.86 feet to the "POINT OF BEGI3a'NING", .said point being on a curve concave Northeasterly; Thence run 86.39 feet along the arc of said curve having a radius of 35.00 f~et, an included angle of 141e24'57', a chord of 66.07 feet, and a chord bearing ofN00°21'24"W to a non-tangential intersection with a llne bearing S63e42'05"E; thence run 563°42'05"E along said line for 10.97 feet; thence run S84°16'02"E for 38.55 feet; thence run Ng0°25'16"E for 39.67 feet; thence mn N60°44'21"E for 23.07 feet; thence run NS0°32'42"E for 109.53 feet; thence run S40°4Y14"E for 17.23 feet to a point of curvature of a curve concave Northeasterly; thence run 96.40 feet along the arc of said curve having a radius of 360.00 feet, an included angle of 15°20'34'', a chord of 96.11 feet, and a chord bearing of S45°2Y32"E to a point of reverse curvature of a curve concave Northwesterly; thence mn 127.82 feet along the arc of said curve having a radius of 50.00 feet, an included angle of 146°28'20", a chord of 95.75 feet, and a chord beating of S17°10'21"W to a point of tangency; thence run N89°35'29"W for 110.64 feet to a point of curvature of a curve concave Northeasterly; thence mn 38.80 feet along the arc of said curve having a radius of 120.00 feet, an included angle of 18°31'37", a chord of 38 63 feet, and a chord bearing of NS0~Ig'40"W to a point of tangency; thence run NTI°03'52"W for 125.61 feet to the "POINT OF BEGINNING", containing 0.88 acres, more or less, subject to easements, restrictions, and reservations ofrecord. Prepared By: William C. MeAnly, P.S.M. Florida Registration No. 1543 McAnly Engineering and Design, Inc. 5101 Tamiami Trail East, Suite 202 Naples, FL 34113 AN 7 1 JAN 0 7 1997 '-r rtl C2 Z '-4 VACATION OF A PORTION OF TRACT NAPLES IIERITAGE GOLF A COUNTRY CLUB PHASE TRACT GC4A & GC4B OF PROPOSED PLAT OF NAPLES HERITAGE GOLF & COUNTRY CLUB TRACT 'B" AND #C5" REPLAT ADJACENT PROPF..RTY OWN'ERS 50-26.09-019 Joseph S. Gras~ 25 Newport Drive Pon Jefferson. New York 11776 50-26-09-035 Felipe Garcia 141 Sabal Lake Naples. Florida 33942 50-26-09.004 Hubschmann Assoc~tcs, Limited 7200 Davis Boulevard Naplcs, Florida 33962 50-26-09-053 A.W. Cook, Sr. ct 3050 Cra)ion Road Naples. Florida 33940 JAN 0 7 1997 RESOLUTION NO. 96 1 2 3 RESOLUTION AUTHORIZING THE ACCEPTANCE OF NAPLES HERITAGE GOLF AND 4 COUNTRY CLUB TRACTS #B" & #C5" REPLAT, A REPLAT OF A PORTION OF A 5 PRE%;IOUSL¥ RECORDED PLAT KNOWN AS NAPLES HERITAGE GOLF & COUNTRY CLUB 6 PHASE ONE, AND AUTHORIZING THE VACATION OF THE CONS~VATION EAS~HF. NT 7 ACCORDING TO THE ATTATHED LEGAL DESCRIPTION, PETITIO} 8 WHEREAS, the Boa=d of County Commissioners of Co..~er County, 9 Florida, on April 16, 1996 approved the plat of Naples Heritage Golf & 10 Country Club Phase One for recording; and 11 WHEREAS, Clyde C. Quinby, Individually and as Trustee has filed 12 for a replat of a portion of said lands; and 13 WHEREAS, except as provided for in this Resolution, this replat 14 does not extinguish or in anyway affect the dedications contained in 15 the previous plat of these lands; and 16 WHEREAS, Clyde C. Quinby, Individually and as Trustee, desires to 17 vacate the Conservation Easement as described in Exhibit "A"; and 18 WHEREAS, the granting of the vacation will not adversely affect 19 the ownership or right of convenient access of other property owners; 20 and 21 WHEREAS, as required by Section 177.101, Florida Statutes, 22 notice of the proposed vacation was published in a local newspaper of 23 general circulation in not less than two weekly issues, and all of the 24 other requirements sat forth in Section 177.101 Florida Statutes, have 25 been met; and 26 WHEREAS, this parcel, the approved plat of Naples Heritage Golf & 27 Country Club Tracts #B# & "C5" Replat, Is a part of a previously 28 approved and recorded plat, Naples Heritage Golf & Country Club Phase 29 One, and the filing and recording of this approved plat shall not 30 affect access to 1ora previously conveyed under the Naples Heritage 31 Golf & Country Club Phase One plat. 32 33 34 PAGE I JA i 0 ? ...11 2 4 ? 9 10 11 14 15 1'7 ].8 ].9 2O 21 22 25 2*7 3O 34 NOW, THEREFORE, BE IT RF. SOLVED AND ORDERED BY THE BOARD OF COUNTYv COHMISSIONERS OF COLLIER COUNTY, FLORIDA, that the plat of Naples Heritage Golf & Country Club~racts "B" & "CS" Replat, a part of a previous1y approved and recorded plat, Naples Heritage Golf & Country Club Phase One, is hagaby approved fog recording and the dedications contained on the plat of Naples Heritage Golf & Country Club, Phase One ars hereby &ccepted, and those lands described in Exhibit 'A' are hereby vacated. Said vacation shall become valid and effective upon recordation of the subject geplat. BE IT FURTHER RESOLVED AND ORDERED that the Clark of the Circuit Court shall make proper notation of this action upon the previous plat and record a certified copy of this replat and a certified copy of the vacation resolution in the Official Records of Collier County. This Resolution adopted after motion, second and majority vote favoring same. DATED: ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY CO~ISSIONERS COLLIER COUNTY, FLORIDA Approved as to form and legal sufficiency: Heidi F. Ashton Assistant Collier County Attorney PAGE 2 JOHN C. NORRIS Chairman JAN 0 ? 1997 .,. la. EXECUTZV'E WATER AND SEWER FACILITIES ACCEPTANCE FOR QUAIL WEST, PHASE ONE, BLOCK 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 Quail West, Phase One, Block A and authorize the recordation of the appropriate legal documents. CONSIDERATIONS: 1) The developer of Quail West, Phase One, Block 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 facilitie: 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 Improvement acceptance. Subdivision 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. 'JAN 0 7 1997 Executive Summary Quail West, Phase One, Block A Page Two GROWTH MANAGEMENT IMPACT: The sewer facilities will be connected to the North County Regional Wastewater Treatment Plant and the water facilities to the County Regional Water Treatment Plant. This project will not create a new impact, as it has been planned for within facilities available at present R~COHM~NDATIONS: That the Board of County Commissioners, Ex-Officio the Governing Board of the County Water-Sewer District, accept the water and sewer facilities for Quail West, Phase One, Block 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 PREPARED BY: Shirley N.~, Engineering Technician II REVIEWED BY: Thomas-~E. K6dk, P.E. Engineering Review Services Manager Date Dale :JAN 0 ? 1997 ; Executive Summary Quail West, Phase One, Block A Page Three Don=~u ..--~-Arh-olS, AICP~ - Planning Service Department Director Vincent 'A; Cau~ero, A~inistrgtor- ' ~ COMITY DE~LOP~NT ~D E~IRO~NTA SERVICES attachments Date Date JAN 0 7 1997 .: ,.~..- · BONITA .~ .. LEE'..1 COUNTY ': ':'~i ~C.O..L~ER... ·COUNTY I~ACH RD PHASE THREE I LOCATION : ·: ':' ?6 S.-.'~._ I AUGUST 32 VICINITY MAP~ 1996 846 0 2009 4000] SCALE iN FEET I JAN 0 ? 1997 EXE CI_rrIvE SUA~IARY THeE BOARD OF COUNTY COMMISSIONERS CONSIDER DEFERRING ONE HI.~'DRED PERCENT (100%) OF THE IMPACT FEES FOR 248 UNITS OF A 248 ErA'IT AFFORDABLE HOUSING PROJECT TO BE BUILT BY HERON PARK PARTNERS LTD., A FLORIDA LIMITED PARTNERSHIP, IN COLLIER COUNTY, FLORIDA FROM LIBRARY SYSTEMS IMPACT FEES, PARKS AN'I) RECREATIONAL FACILITIES LMPACT FEES, ROAD IMPACT FEES, EMERGENCY MEDICAL IMPACT FEES, WATER IMPACT FEES, SEWER IMPACT FEES, AND EDUCATIONAL FACILITIES IMPACT FEES FOR HERON PARK APARTMENTS, A 248 I.~'IT AFFORDABLE RENTAL HOUSING PROJECT, AND SUBORDINATION OF LIEN. To have the Board of County Commissioners approve deferral of the Library System Impact Fees, Parks and Recreational Impact Fees, Road Impact Fees, Emergency Medical Services Fees, Water Impact Fees, Sewer Impact Fees, and Educational Facilities Impact Fees for 248 units of a 248 unit rental affordable housing project. CONSIDERATIONS; On November 8, 1996 Heron Park Partners, Ltd. filed an impact fee deferral application to provide for 248 dwelling units to be rented by tenants with incomes not exceeding 60% of median household income for Collier County. Under the terms of the impact fee waiver and deferral ordinances Heron Park Panners, Ltd. is eligible for the following impact fee deferrals: A. Library System Impact Fees B. Road Impact Fees (200 Units) (48 Units) C. Parks & Recreation Impact Fees Community Parks Regional Parks D. Emergency Services Impact Fees E. School Impact Fees F. Water Impact Fees (3. Sewer Impact Fees Total Impact Fees to be Deferred S 180.52 S 44,768.96 935.00 187,000.00 952.00 45,696.00 399.00 98,952.00 179.00 44,392.00 2.00 496.00 827.00 205,096.00 900.00 223,200.00 1.340.00 ~ S4,762.52 Sl ,181,92, ).96 JAN 0 7 1997 n.._L.__ FISCAL IMPACT; The proposed fiscal impact fee deferral is not budgeted. On March 30, 1994 impact fee ordinances were amended to not require reimbursement to the impact fee funds for Affordable Housing Impact Fee Deferrals granted for a six year period. GROWTH MANAGEMENT IMPACT; Deferral of impact fees will provide relief to a developer of housing for low income families in compliance with Policy 1.5.2 of the Housing Element of the Growth Management Plan. RECOMMENDATION: Recommend that the Board of County Commissioner~ approve the deferral of impact fees for 248 of 248 units of Heron Park Apartments to be built in Collier County, by Heron Park Partners, Ltd., a Florida Limited Partnership. The Board of County Commissioners will accept substitute collateral to subordinate the lien for the deferral of impact fees. The Board of County Commissioners can delay the contribution for impact fee deferrals for up to 7 years from the date of deferral. This impact fee deferral is due and payable within six years of issuance. GM/id 12/20/96 PREPARED BY: Greg ~_ali'c, Director Director Housing and Urban Improvement / ~t A.~aut~ ro~,~A*dmi Community Dev. And Environmental Svcs. /e. z · Date Date f~exsum~¢ron N~. ~ JAN 0 7 1997 AGREEMENT FOR 100% DEFERRAL OF COLLIER COUNTY IMPACT FEES This Agreement for the Deferral of Impact Fees entered into this ~ of 1996, by and between the Board of County Commissioners of Collier County, Florida. hereina~er referred to as "COL,,~TY" and Heron Park Partners, Ltd., hereinafter referred to WHE1LEAS, Collier County Ordinance No. 88-97, aa amended, the Collier County Library System Impact Fee Ordinance; Collier County Ordinance No. 88-96, a~ amended, the Collier County Parks and Recreational Facilities Impact Fee Ordinance; Collier Count.,,' Ordinance No. 91-71, as amended, the Collier County Emergency Medical Serxices System Impact Fee Ordinance; Collier County Ordinance No. 92-22, as amended, the Collier Count.',' Road Impact Fee Ordinance; Collier County Ordinance No. 90-86, as amended, the Collier County Water System Impact Fee Ordinance; Collier county Ordinance No. 90-87, as amended, the Collier county Sewer System Impact Fee Ordinance; and Collier County Ordinance No. 92-33, as amended, the Collier County Educational Facilities System Impact Fee Ordinance, as they may be further amended from time to time hereinafter collectively referred to as "Impact Fee Ordinance", provide for deferrals of impact fees for new owner-occupied dwelling units qualifying as affordable housing; and WHEP, EAS, CED Construction, Inc. is the duly authorized general panner of FL Bond Capital Holdings 96, Ltd., which is the duly authorized general partner of Heron Park Panners, Ltd.; with Alan H. Ginsburg as President; and WHER.EAS, CED Construction, Inc. has applied for a deferral of impact fees as required by the Impact Fee Ordinance. a copy of said application is on file in the Housing and Urban Improvement Department; and WHER.EAS, the Count.,,' Manager or his designee has reviev,'ed the application and has found that it complies with the requirements for an afl( deferral: of impact fe~s as established in the Impact Fee Ordinance; and rdab]~' housing JAN 0 ? 997 WHEKEAS, the impact fee deferral shall be presented in lieu of payment of the requisite impact fees subject to satisfaction of all criteria in the Impact Fee Ordinance qualifying the project as eligible for an impact fee deferral; and WHEREAS, the COUNTY approved a deferral of impact fees in the amount of One Million One Hundred Eighty One Thousand Nine Hundred Twenty Dollars and 96/100 for six years fi.om date of certificate of occupancy for Heron Park Apanmer)ts embodied in Resolution No. , at its regular meeting of and V,q-IEREAS, the Impact Fee Ordinance requires that the OWNER enter into an Agreement with the COIJ,~TY. NOW, THEREFOR. E, in consideration of the foregoing r¢..itals, the parties covenant and agree as follows: 1. RECITALS INCORPORATED. The foregoing recitals are true and correct and shall be incorporated by reference herein. 2. LEGAL DESCRIPTION. The legal description of the dwelling units (the "Dv,'elllng Unit") is attached hereto as Exhibit "A" and incorporated by reference herein. 3. TERM. OWNER agrees that the Dwelling Unit shall remain affordable and shall be offered for rent in accordance with the standards set forth in the appendix to the Impact Fee Ordinance for a minimum of fifteen (15) years commencing from the date a certificate of occupancy is issued for the Dwelling Unit. a. REPRESENTATIONS AND WARRANTIES. OI,~,;~ER represents and warrants the following: a) b) The Dwelling Unit shall be the permanent residence of the occupant~tenant. The household renting the Dwelling Unit must have a lox,,' income level, at the commencement of the leasehold and duration thereof, as that term is defined in the Appendices to the respective Impact Fee Ordinances and the monthly rent must be ,.vithin the affordable housing guidelines established in the Appendices to the respective Impact Fee Ordinances. 2 c) The Dwelling Unit shall remain affordable for at least fifteen (15) years from the date the certificate of occupancy was issued, SUBSEQUENT RENTAL OR TRANSFER. If O%x,,'N'ER rents the Dwelling Unit subject to the impact fee deferral to a subsequent renier, the Dwelling Unit shall be rented only to households meeting the criteria set forth in the Impact Fee Ordinance. The impact fees deferred shall be immediately repaid to the COUNTY upon the discontinuance of use of the Dwelling Unit as affordable housing, or six years from the date such impact fees are deferred, whichever occurs first. Ox,~,rN"ER agrees that even though the impact fees have been repaid to the COL,~TY, the O%'~ ;'NER will utilize the Dwelling Unit for affordable housing for at least fifteen (15) years from the date the certificate of occupancy was issued for the Dwelling Unit. LIEN. The deferred impact fees shall be a lien upon the property which lien may be foreclosed upon in the event of non-compliance with the requirements of this Agreement. The COUNTY acknowledges and agrees that: ia) In compliance with the provision of the Collier Count>' Impact Fee Ordinances, Ox, x,.~'ER has demonstrated to the COL,~TY that a subordination of the County's rights, interests and lien is necessary to obtain financing for Heron Park Apartments, an affordable housing project consisting of two hundred forty-eight (245) units; and (b) In compliance with the provisions of the Impact Fee Ordinances, the OWNER will deliver to the COUNTY substitute collateral in the form of cash and a cash equivalent financial instrument payable to the County which together will yield to the COD.~TY the full amount of the deferred impact fees, i.e., the sum of One Million One Hundred Eighty One Thousand Nine Hundred Twenty Dollars and 96:100 at the expiration of the period of the deferral, August 15, 2003, i.e., a United States Treasury Zero Coupon Bond which will mature at the end of the deferral period, August 15, 2003, and, upon maturity, would yield an amount equal to the amount of the deferred fees. COL.~TY co~'enants and agrees that it will not negotiate the bo .d unl~&.s ~ JAN 0 '/1997 until the deferred impact fees become due and payable pursuant to this agreement and that all moneys received by negotiation of the bond shall be applied to the payment of said deferred impact fee obligation owing by Heron Park Partners, Ltd. (c) The County hereby covenants and consents and agrees that its rights, interests and lien pursuant to this agreement shall be subordinated to the lien of the Mortgage and Security Agreement ("Mortgage") and other documents executed by OWNER in consideration therewith from Heron Park Partners, Ltd. to Florida Housing Finance Agency, Collier County Housing Finance Authority, or other primary lenders in the principal a.nount of up to Thirteen Million Five Hundred Thousand Dollars (S13,$00,000), plus accrued interest and all advances authorized under the provisions of such mortgages. The COb~'TY will execute such subordination agreements as ma.,,' be reasonably required by said mortgages. AN.'NUAL REPORT. Annually. the O\gL'NER of the Dwelling Unit shall provide to the Count}' Manager an affidavit of compliance with the affordable housing qualification criteria and standards set forth in the Impact Fee Ordinance. Said affidavit must be filed within thirty (30) days of the anniversary date of the issuance of the certificate of occupancy. If the income of any unit renter which originally qualified as low income level as defined in the respective Appendix to the Impact Fee Ordinance increases by more than fort}' percent (40%) above the logy income level described in the appendix. then the per unit deferred impact fee on the non-compliance unit shall become immediately due and payable by O\~,,'NER or, in the alternative, the O\\~ER shall have ninety (90) days to comply with the Affordable Housing guidelines set forth in the respective Appendices. RELEASE OF LIEN. Upon satisfactory completion of the Agreement requirements, and upon payment of the deferred impact fees. the COL~'TY shall, at the expense of the COL.'NTY, record an.,.' necessa~ documentation evidencing such payment. not limited to, a release of lien. 4 includin.~ but JAN 0 7 1997 Pit. ~ 9. BINDING EFFECT. This Agreemen! shall be binding upon the parties to this Agreement. their heirs, successors and assigns. In the case of sale or transfer by gift of the Dwelling Unit, the original O'~, ,'N'ER shall remain liable for the impact fees deferred umil said impact fees are paid in full. 10. RECORDING. This Agreement shall be recorded by OWNER at the expense of O~,~, ,'NER in the Official Records of Collier Coun~y, Florida within sixty (60) days after execution of this Agreement by the Chairman of the Board of County Commissioners. 11. DEFAL'I.T. O\~,.'NER shall be in default of this Agreement (1) where OV,'.~ER fails to rent the property in accordance ~'ith the affordable housing standards and qualification criteria established in the Impact Fee Ordinance and thereafter fails to pay the impact fees due within thirty (30) days of notice of said non-compliance, or (2) where O~,I,~rER violates one of the affordable housing qualification criteria in the Impact Fee Ordinance for a period of fifteen (15) days after notice of violalion. However, with respect to the Annual Report, OV,~'ER shall not be in default of this Agreement until a fifteen (15) day grace period from the due date of the report has lapsed in the event the O\~,~'ER is in default. 12. REMEDIES. Should the OWNER of the property fail to comply with the said qualification criteria at any time during the fifteen (15) year period or should OWNER violate any provisions of this Agreement, the impact fees deferred shall be paid in full by OWNER within thirg' (30) days of said non-compliance. OWNER agrees that the impact fees deferred shall constitute a lien on the property commencing on the effective date of this agreement and continuing until paid. Except as set forth in Section 6, such lien shall be superior and paramount to the interest in the Dwelling Unit of any owner, lessee, tenant, mortgages, or other person except the lien for County taxes and shall be on parity with the lien of any such County taxes. Should the OX~,~"ER be in default of this Agreement and the default is not cured within thirty (30) days after written notice to the O\\ .'N'ER, the Board may bring a civil action to enforce the Agreemel t. In~~ JAN 0 ? 1997 .. lien may be foreclosed or otherwise enforced by the COUNTY by action or sui! in equity a.s for the foreclosure of a mortgage on real property. Tl~s remedy is cumulative with any other right or remedy available to the COUNTY. Notwithstanding the foregoing, the COUNTY shall realize upon the collateral given to it by OW'NER as described in Section 6c prior to exercising any rights to recover agains! proper~y. The Board shall be entitled to recover all fees and costs, including attorney's fees, plus interest at the statutory rate for judgments calculated on a calendar day basis until paid. IN WITNESS WHEREOF, lhe parties have executed this Agreement for deferral of Impact Fees on the date and year first above ~Titten. (2) Witnesses: OWNER: HERON PARK PARTNERS, LTD. By: FL BOND CAPITAL HOLDINGS 96, LTD., ITS GENERAL PARTNER By: CED CONSTRUCTION, INC. ITS GENERAL PARTNER Alan H. Ginsb~rl~, President -- DATED: ATTEST: DWIGHT E. BROCK, Clerk (COKPOKATE SEAL) COb,~TY: BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA BY: John C. Norris, Chairman JAN 0 7 1997 Approved ~s to form legal sufficiency Heidi F. Ashton Assistant County Attorney STATE OF FLORIDA COUNTY OF The foregoing instrument was acknowledged before me this _./.3.__~ da.,,' of 0vc~.,,. ,>.'~ , 1996 by Alan H. Ginsburg, President of CED Construction, Inc., General Partner of FL Bond Capital Holdings 96, Ltd., General Partner of Heron.. Park Parmers, Ltd. On behalf of the Parmership. c-'Fie _is-~'ersonall'~-~-m.-me.~or has produced (type Sfidentification) as identification. Name of Ackno~:l~flger Typed, Printed or Stamped jd.'gmT agreement EXIIIBIT "A" LEGAL DESCRIPTION GALLMAN ESTATE 30.45 + ACRE TRACT A PARCEL OF LAND LOCATED IN THE WEST HALF OF SECTION 12, TOWNSHIP 50 SOUTH, RANGE 25 EAST, COLLIEP, COUNTY, FLORIDA; BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHWEST CORNER OF SECTION 12, TOWNSHIP 50 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA; THENCE RUN N 00° 18'50" W, ALONG THE WEST LINE OF SAID SECTION 12, FOR A DISTANCE OF 2836.80 FEET; THENCE RUN N 89°41'10" E FOR A DISTANCE OF 270.00 FEET TO THE POINT OF BEGINNq'NG OF THE PARCEL OF LAND HEREIN DESCR/BED; THENCE RUN N 00°18'50'' W FOR A DISTANCE OF 990.00 FEET; THENCE RUN N 89°41'10'' E FOR A DISTANCE OF 1120.00 FEET; THENSE RUN S 00°18'50" E FOR A DISTANCE OF 1320.00 FEET; THENCE RUN S $9°41'I0'' W FOR A DISTANCE OF 660.00 FEET; THENCE PUN N 00°18'50'' W FOR A DISTANCE OF 330.00 FEET; THENCE RUN S 89°41'10'' W FOR A DISTANCE OF 460.00 FEET TO THE POINT OF BEGINNING, CONTAINING 30.45 ACRES, MORE OR LESS. 1997 1 S 6 ? 9 10 11 14 16 lS 2.~ 24 25 ~0 RESOLL'TION 'NO. 96. A RESOLUTION OF THE BOARD OF COUNTY CO.~LMISSIONERS, COLLIER COUNTY, FLORIDA AL'I'HORIZING THE DEFERRAL OF LIBRARY SYST£M IMPACT FEES, PARKS AND RECREATIONAL FACILITIES IMPACT FEES, ROAD IMPACT FEES, V~'ATER IMPACT FEESs SE% '£R FIMPACT FEES~ EMERGENCY M]gDICAL SERVICES IMPACT FEES, A~ND EDUCATIONAL FACILITIES SYSTEM IMPACT FEES FOR HERON PARK APARTMENTS, A 248 UNIT AFFORDABLE RE.'s'I'AL HOESING PROJECT, ~,~D SUBORDINATION OF LIEN. 9~TIEKEAS, Collier Count)' has recognized and at, erupted Io address the lack of adequate and affordable housing for moderate, lov.', and '.'er)' low income households in Collier Counv,,' and the need for creative and innovative programs IO assist in the provision of such housing by including several provisions in the Collier Count' Growth Management Plan, including: ob.iective 1.4, policy 1.4.1, objective 1.5, policy I.$.2, policy 1.S.3, policy 1.$.4. policy 1.$.$, policy 1.$.6; object 1.6, policy 1.6.3; objective 2.1. policy 2.1.1, pohcy 2.1.2. pohc.', 2 1.3. pohc.',' 2.1.$, and pohcy 2.1.6 of the Housing Element; and V.'HEKEAS. Heron Park Partners. Ltd.. a Florida Limited Partnership. will undertake the developmem of Heron Park Apartments, a tu,.o hundred and form.,-elghl (245} unit affordable rental housm~: communiLv on a site toca~ed in Collier Count), Florida. of which Heron P~k Pa~ners. Ltd. is owner; and ~'HEKEAS, on November 8, 1996, an application v, as filed with the County Manager for ~he deferral of Collier Count.',' impact fees for the Heron Park Apartments consistent with the reqmremenls ot the Coun:y impac! fee ordinances; and \\TIEKEAS. in accordance ,,l~h Section 3 .l of the Llbrav,.' S.~ s~em Impac~ Fee Or. dmance. Ordinance No 8S-9'., as amended. Set,ton 4.05 of the Parks and Recreational Facilmes Impact Fee Ordinance. Ordinance No. $8-96, as amended', Section 304 of ~he Road Impact Fee Ordinance. Ordinance No. 92-22. as amended; Collier Counl,~ Ordinance No. 90-86, as amended. the Collier Counb \Voter System Impacl Fee Ordinance, Collier Count~ Ordinance No. 90-8'/, as amended, the Collier CounLv Sewer Syslem [mpac! Fee Ordinance. Section 3 0S of the Emergency .Medico! Services Sys:em Impact Fee Ordinance. Ordinance No 91-'1. as amended, and Section 3 ().~ of the Edacational Facllmes S.~s~em Impact Fee O.'J:nan¢c. Order, once .No 92-3.~. as JAN 0 ? 1B97 Pi,. // 1 2 3 6 '7 8 9 19 2O 2~ a~nend~L an applicant may obta~ a deferral of one hundred percent (100%) of impact fees for a period of six (6) yeah by quali~)'ing for said deferral', and V,'HEILEAS, Heron Park Apartments hu qualified for an impact fee deferral bued upon the following representations made by Heron Park Partners, Ltd.: A. The Dwelling Unit shall be the permanent residence of the occupan~enant. B. The household tenting the Dwelling Urtit must have · iow income level, at the commencement of the Icuehold and duration thereof, u that term is defined in the Appendices to the respective Impact Fee Ordinances and the monthly rent must be within the affordable housing guidelines established in the Appendices to the respective Impact Fee Ordinances. C. The Duelling L'mt shall remain affordable for at least fifteen (15))'ears from the dale the cemficate o£ occupanc,,, bas issued. 1. The Board of Couns' Commissioners hereby authorized the deferral b) Collier Count)' of the following impact fees in the amounts listed below for the two hundred and forty.eight (248) affordable housing units to be developed by Heron Park Panners, Ltd. on the David A. Gallma.n Estate PL'D.9$.I,i, ~ identified in Exhib~! "A'" ~.~ 248 Units a) Library' Sys~e.'n Imp·c! Fees S 15~ .~2 S 44,T08 96 b) Road Impac~ Fees (48 Units) 952.~ 45.69600 (200 Units) 935 ~ 1 c) P~ks & Recreation Impact Fees Co~ity Parks 399.00 9g,~52.00 Resional P~ks 1Tg.00 44.392.00 d) Em~rgenc~ Se~'lces Imp·c: Fees 2.00 a96.~ e) Se~er Impact F~es 1.340~d ~32.320 0 Wa~er Impact Fees 900.00 22~.~.~ g) School Impac~ Fees 82~.00 TOT~ I~$PACT FEES TO BE DEFEND S!,181,920.96 A) In compliance with the provision of the Collier Count)' ~mpact fee ordinances. Heron Park Partners, Ltd. h~s demonstrated to the Count)' that a subordination of the County's right.., '.tAN 0 7 4 6 -/ 9 10 12 16 1'7 15 19 20 2~ 22 23 25 2' interests ~d li~n is necessary to obtmn financing for ~e H~n P~k Ap~m~ts. ~ affordable houri P~j~ consisting of ~o h~ed ~d fo~'-ci~t multi-f~ly dwelling ~, md B) ~ compli~ce ~ ~e p~dsions ot~e imp~l fee ordinmces, ~e ~er will deliv~ ~o ~e Co~b' substitute colla~al in ~e fo~ of c~h md a c~h ~uiv~l~l finmclal insolent payable Io thc Coum) which together will y~eld to the Count' the ~ll ~ount of the deleted impact fees, ~.e,, the sum of ~c Mfihon ~c Hundred E~gh~'.one Thous~d Nine H~ed Twenty Doll.s md 96,q00 at the expiration of the period of ~e defe~al, August 15, 2003, i,e., a United S~tes Tremu~' Zero Coupon Bond w~ch will ma~ure at the end of ~he defe~a! pedod, August 15, 2003, ~d. upon maturity, would yield ~ ~oum equal to the ~ounl of the defined tee~. Count) ¢ovenmll md a~eel lhat il will no~ negorate the brnd unless and until the deleted impact fees become due ~d payable pursu~ m the te~s of the A~eemem Ibr 100% Defe~al of Colher Counl)' Impac~ Fees ~d that all moneys received b)' negouauon or,he bond shall be apphed to the pa)~ent of said defined impac~ fee obhgation owing b) Heron Park P~n~s, Ltd, C) The Counb' hereby coven~ts ~d ¢onsmts md a~ees that its rights, in~erests ~d hen p~u~t to the A~eement shall be subordinated to the lien of the Mortgage ~d Sec~)' Agreement ("Mortgage") and other documents exe:uted b) Owner in considerauon therewith from Heron P~k Panners. Ltd to Florida Housing Finance Agency, Collier County Housing Finance Authority, or other prima5 lenden m the pnncipal amour of up ~o Thsneen Million F~e Hundred Thousand Dollars l$13,~o,~o), plu~ ace~ed m~ere~ md all adv~ces authorized under ~he provisions of such montages, The Count) ~fll execute such subordination ayeements m ma) be reasonably required by said mortgagees. Dctc~al of said impact fees is subject to ~d contingent upon execution md ~o~atzon o~ A~cemenz for Dete~al ot Colher County lmpac~ Fees ~h~ch shall be ente~ into betxxeen the applicant and Count~ JAN 0 7 1997 6 ? 9 10 II 12 13 16 l? 18 19 20 23 2'7 This Resolution adopted after motion, second and majority vote favoring same. DATED: ATTEST: Dv,'isht E. BrocR, Clerk Approved u to form and legal sut'ficicncy: Hetch F, Ashton Ass~s:,~"~t CounD At~ome~ BOARD OF COL~'TY COMMISSION'ERS COLLIER COL,'N'TY, FLOR.IDA B)': . Chairman EXHIBIT "A" LEGAL DESCRIPTION GALLMA.*'; ESTATT. 30 ,~:~: ACRE TRACT A PAR.CEL OF LA.N'D LOCATED I~ TI~ WEST HALF OF SECTION I2, TOW~SHrP 50 SOUTH, R.A~qGE 2~ EAST, COLLIER COU~'TY, FLOKIDA; BEING MOI~ PAR.TICULAP. LY DESCR.[BED AS FOLLOWS: CO.M~,IENCE AT THE SOUTH~EST COR.%~ER. OF SECTION 12, TOWNSI-~P 50 SOL'TH, P,.A.~rGE 25 EAST. COLLIER CO~.'%'TY, FLOR.IDA; THENCE RUN N 00' 18'50" v/, ALONG THE V,'EST LI~E OF SAID SECTION 12. FOR A DISTA~'~CE OF 2836.$0 FEET; THE.~CE RC.'~ N ~9'41 '10" E FOR A DISTA.~CE OF 270.00 FEET TO THE POINT OF BEGI%.~'~ING OF THE PARCEL OF. LA,\'D HETLEI~ DESCI~3ED; THE.~CE R.L,~ N 00°18'50" V,' FOR A DISTANCE OF' 990.00 FEET; THENCE RI.~.'~ N 89'41' I 0" E FOP, A DISTANCE OF l 120.00 FEET; THENSE R1u.~ S 00' 18'50" E FOR. A DISTANCE OF 1320.00 FEET'. THENCE RLTN S g9'41'I0" W FOR. A DISTANCE OF 660.00 FEET; THENCE RLr~ N 00'18'50" W FOP, A DISTA.~CE OF 330.00 FEET; THENCE RL,.~ S ~9'41 '10" W FOR A DISTA.~CE OF 460.00 FEET TO THE POL%'T OF BEGI%'~'~G, CO.~'I'AIN~G 30.45 ACRES, MORE OR. LESS. No. ~ ,JAN 0 '/1 B7 EXECUTIVE SUMMARY KECOMMENDATION TO ACCEPT THE FLORIDA DEPARTMENT OF TRANSPORTATION HIGHWAY SAFETY GRANT AWARD AND APPROVE THE RELATED BUDGET AMENDMENT OB3ECTIVE: To gain Board of County Commissioners' acceptance of the Florida Department of Transportation, State Safety Office Highway Safety Funds gran! award and approve the related budget amendment. CONSll)ERATIONS: On August 24, 1996, the Naples (Collier Count)') Metropolitan Planning Organization approved application for Highway Safety Funds grant for the purchase of contractual services relating to the development of bicycle and pedestrian safety Public Service Announcements. On October I 0, 1996, the Florida Department of Transportation awarded Highway Safety Funds of $12,000 to the Metropolitan Planning Organization for the purpose of producing Bicycle and Pedestrian Safety Awareness Public Service Announcements. FISCAL IMPACT: The grant award of S!2,000 requires no local match. GROWTH MANAGEMENT IMPACT: The funding period is from October 1996 through September 30, ! 997. RECOMMENDATION': That the Board of County Commissioners' accept the Florida Department of Transportation Highwa)' Safety Grant Award and approve the related budget amendment. PREPARED BY: /' II AMY K~. T YLOR, PLIER METROPOLITAN PLAI~'NING ORGANIZATION PLkl~'LNG SERVICES DEPARTMENT DATE D~'W. ARNOLD, AICP PLAN'NLNG SERVICES DEPARTMENT DIRECTOR ~'~II~CE~T ,A~-~A~,L~, RD, ADMINISTRATOR C' E V O 'rAL SVCS. DATE DATE JAN 0 ? 1997 PI. / FLORIDA DEPARTMENT OF TRANSPORTATIO! ~0~ ~ ~ ~'~ [~a~ ~ ~ ~ ~ ~A~yTM Timothy L. Hancock MPO Chairman Naples Metropolitan Planning Organization 2800 North Horshoe Drive Naples, FL 34 i 04 Re: Bicycle and Pedestrian Safel)' Awareness Public Service Announcements Project # PS-97-08-09-01 October !0, 1096 Dear Mr. Hancock: Your application to the Florida Department of'Transportation for highway safety funds has been approved. We are pleased to make this award in the amount of $12,000 to your agency for the purpose of providing Naples (Collier Count)') with a bicycle and pedestrian safety awareness public service pro.am. A cop)' of the approved project agreement with the referenced project number and title is enclosed for your file· All correspondence ~vith the Department should always refer to the project number and title. Your attention is directed to Pan %' of the sub~'ant entitled "Acceptance and Agreement". These conditions should be reviewed carefully by those persons responsible for project administration to avoid delays in project completion and cest reimbursements. The effectK'e da~e of the agreement is O:tober i996 and only those costs incurred on or after that date ~re eligible for reimbursement. ~ , for~vard~o~orkin-_~i'.h~."uonthis~rcje::, ifvouhavc3nxquesiionsc.'.'.eedus~i~:an-"~. We ,aox . ' ' ; k!s. Connie Peg:lo ' ~0-1~.;$~-.~:f.~. ~ho xviH be coordinafin~ this ,-.- h,cc:e~>. · ../ .~- .. Ccor~e E7 Rice. ,Ir. Stale Safct). Engineer GER'ct Enclosures cc: Donald 'ss,.'· Arnold Jim Mitchell Anita L. Chapman Thomas Enright EXECUTIVE SUMMARY_ WATER FACILITIES ACCEPTANCE FOR DIAMOND LAKE, PHASE 1, (MIRAGE) OBJECTIVE: The Board of County Commissioners, Ex-Officio the Governing Board of the Collier County Water-Sewer District, to accept the newly-constructed water facilities to serve Diamond Lake, Phase i and authorize the recordation of the appropriate legal documents. CONSIDERATIONS: 1) The Developer of Diamond Lake, Phase 1, has constructed the water facilities within dedicated easements to serve this development. See attached location map. 2) Deed, Bill of Sale and other related documents have been submitted to Engineering Review Services in order for the County to accept the water facilities in accordance with County Ordinance 78-10. 3) The water facilities will be, upon acceptance by the Board, operated and maintained by the County Utilities Division under a one (1) year maintenance guarantee furnished by the developer. 4) An on-site inspection of the water facilities has been conducted by the County Engineering Inspection section. This inspection reveals that the water facilities have been constructed in accordance with County Ordinances and Regulations. 5) The l~gal documents have been reviewed by the County Attorney and are legally sufficient for acceptance by the Board. 6) A cashier's check in the amount of $1,322.00 has been accepted as surety. FISCAL IMPACT: The water facilities were constructed without cost to the Collier County Water-Sewer District. During the first year, the water facilities are under a Contractual Guarantee. After that time, the cost of operating and maintaining the water facilities will be paid by monthly user revenues. GROWTH MANAGEMENT IMPACT: This project has been connected to the County Regional Water T~eatment Plant. This project will not create a new impact, as it has been planned for within facilities available at present. JAN 0 ? 1997 Executive Summary Diamond Lake, Phase 1, (Mirage) Page Two R~CO~NDATION: That the Board of County Commissioners, Ex-Officio the Governing Board of the Collier County Water-Sewer District, accept the water facilities for Diamond Lake, Phase 1 with the following stipulations: ' 1) That the Board of County Cormmissioners accept as surety the receipt for cashier's check in the amount of $1,322.00. 2) The water facilities to serve the project cannot be placed into service and no Certificate of Occupancy shall be issued until the following items have been furnished. 3) Florida Department of Environmental Regulation furnishes a letter authorizing the placement of the sewer system into service and approving the water distribution system for service. 4) Bacteriological testing has met the County's requirements. 5) The Fire Flow requirements of the project have been satisfied, and the Fire District furnishes a letter accepting the fire hydrant for ownership and maintenance. 6) Receipt of payment of water usage from Utilities for bacteriological testing PREPARED BY: Shirley N' ~ Engi~eerina T,ehn~t=, 77 ]~'/~' Engineering evlew Services Date Thomas E. Kuck, P.E. En.~g~e¥iew Ser~.c. es M~nager Donald W. Arnold, AICP Planning Services D~partment Director ~ A. ~ Xdministrat~ % COH~ITY DEVELOPMENT AND ENVIRON~.ENTA/~ SERVICES attachments _/z/m/?r Date bate Date AGEN -- ---'-'-' JAN 0 7 1997 LO(:/~i'I(1N IP -~IJAN 0 ? 1~7 County o1' Collier BOARD OF COUNTY COMMISSIONERS ~O! TAMIAMI TRAIt. EAST NAPtES. IrLOIRIDA 33~2 BY: RECEIPT: PAYOR: REF: DEPUTY CLERK 1368028 WILLOUGHBY GARDENS ASSOC DIAMOND LAKE (MXRAGE) $10063684 SN _QF_FICI AL RECEIPT I.:, ,~V; V;hen Validated U4.)[; 1::~..~;'{*,...: ...... ' DESCRZPTX~'~~, 1~2.;>:' AHOUNT DUE DEPOSITS - CO~U~EVE[~*p"~ 1322.00 DEFT: DSC: PROJECT REViE~ SERVICES TOTAL DUE= 1322.00 .,~AN 0 7 1~7 RECOMMENDATION TO APPROVE FOR RECORDING THE FIIO, L PLAT OF "GREY OAKS UNIT SIX" To approve for recording the final plat of "Grey Oaks Unit Six" and accept the posted security to guarantee completion of the required subdivision improvements. CONSIDERATIONS: The Board of County Commissioners approved the final plat of "Grey Oaks Unit Six" on June 28, 1994, with the stipulation that the final plat not be recorded until the required improvements have been constructed and accepted or until approved security is received for the incompleted improvements. The Developer is now requesting approval of a cons=ruction security in the form of a Performance Bond in the amoun'Z equal to 10% of the total cost of the development improvements plus 100% of the cost to complete the remaining improvements. These security documents have been reviewed and approved by the County Engineering Review Section and the County Attorney's Office. The Developer, therefore, has complied with the stipulation for recording the final plat. FISCAL IMPACT: The fiscal impact to the County is none. The project cost is $289,920.38 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 $318,912.42 The County will realize revenues as foll~ ~s: Fund: 113 Agency: County Manager Cost Center: 138900 - Development Services Revenue generated by this project: Total: $5.074.32 Fees are based on a construction estimate of $289,902.38 and were paid in March 1994, and are reflected in the Executive Summary of June 28, 1994. JAN 0 ? 1997 Executive Summary Grey Oaks Unit Six Page Two ~ROWTN MANAGEMENT IMPAC~ None RBCOMMENDaTION~ That the Board of County Co~ss~o~ers approve the final p/at of "Grey Oaks Unit S~x" with the following stipulations: Accept the Perfo~ance Bond as security to ~arantee completion of ~e Su~vision ~mprovements. 2) Authorize the recording of the final plat of "Grey Oaks Unit Six.. 3) Authorize the Cha~an to execute the attached Construction and Maintenance Agreement. 4) That no Certificates of Occupancy be granted until the re~ired ~mprovements have received prel~minary acceptance. PREPARED BY: bate - REVIEWED BY: Engineering Review Manager Director - Planning Services Community Development & Envtronmenta Services Community Dev. and Environmental Svcs. DIVISION JRH:ew Date Date Date AGE; JAN 0 71.c 19 I$ 'H NAPLES /28 .6 ~7 (Cm. Mi) ?)iT I? S -4, URBAN ,TES ti ES -3 GOt. C)F.~ ~ I CONSTRUCTION AND MAINTENANCE AGREEMENT OF SUBDM$ION IMPROVEMENTS THIS CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION IMPROVEMENTS entered into this __ day of , 19 , between ~ DEVELOPMENT CORPORATION, hereinaf-ter referred to a~ 'Developer", and the Board of County Commissioners of Collier County, Florida, hereinafter referred to as 'The Board". 1. Developer has, simultaneously, with the delivery of this Agreement, applied for the approvzl by the Board of a certain plat of a subdivision to be known as: Grey Oaks Unit Six 2. Division 3.2 of the Collier County Land Development Code requires the Developer to post appropriate guarantees for the construction of the improvements required by said subdivision regulations, said guarantees to be incorporated in a bonded agreement for the construction of the required improvements. NOW, THEREFORE, in consideration of the foregoing premises and mutual covenants hereinafter set forth, Developer and the Board do hereby covenant and agree as follows: 1. Developer bill cause to be constructed: within 12 months from the date of approval said subdivision plat, said improvements hereinafter referred to as the required improvements. 2. Developer herewith tenders its subdivision performance security (attached hereto as Exhibit "A" and by reference made a part hereof) in the amount of $318.912.42, which amount represents 10% of the total contract cost to complete construction, plus 100% of the estimated cost to complete the required improvements at the date of this Agreement. 1 of 4 ,o. ,JAil 0 ? 1997 3. In the event of default by the Developer or failure of the developer to complete such improvements within the time required by the Land Development Code, Collier County may call upon the subdivision performance security to insure satisfactory completion of the required improvements. 4. The required improvements shall not be considered complete until ,, statement of substantial completion by Developer's engineer, along with the final project records, have been furnished to be reviewed and approved by the Development Services Director for compliance with the Collier County Unified Land Development Code. 5. The Development Services Director shall, within sixty (60) days of receipt of the statement of substantial completion, either (a) notify the Developer in writing of his preliminary approval of the improvements; or (b) notify the Developer in writing of his refusal to approve improvements, therewith specifying those conditions, which the Developer must fulfill in order to obtain the Director's approval of the improvements. However, in no event shall the Development Services Director refuse preliminary approval of the improvements, if they are in fact constructed and submitted for approval in accordance with the requirements of' this Agreement. 6. The Developer shall maintain all required improvements for one year after preliminary acceptance by the Development Services Director. After the one-year maintenance period by the Developer has terminated, the Developer shall petition the Development Services Director to inspect the required improvements. The Development Services Director, or his designee, shall inspect the improvements and, if found to be still in compliance with 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 2 of 4 1997 responsibility for maintenance shall continue, unless or until the Board accepts maintenance responsibility for and by the County. ?. 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 rextuction 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, the County Administrator may call upon the subdivision performance security to secure satisfactory completion, repair and maintenance of the required improvements. The Board shall have the right to construct and maintain, or cause to be constructed or maintained, pursuant to public advertisement and receipt and 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 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 carry out all of the provisions of this Agreement. 9. All of the terms, covenants and conditions herein contained are and shall be binding upon the respective successors and assigns of the Developer. 3 of 4 '.Ji N 0 V IN WITNESS WHEILEOF, the Board and the Developer have caused this Agreemen! to be executed by their duly authorized representatives this m day of ,1996. Signed, Sealed and Delivered in the presence of: A~ST DWIGHT E. BROCK, CLE~ Approved as to form and lega~ sufficiepcy: ~.~_~. David W-ei~el - Collier County Attorney GREY OAKS DEVELOPMENT CORP. BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: . Chairman 4 of 4 L, oz.r.r~ COT. YNT~ ~ OL"v'E~PMCNT CODS 1323824 KNOW ~LL pE~ONS BY THFc.~ P~T~ ~ The Balstatt Partnership Azr~est Sure~y Insurance Company which iL ~y suffer m~iF~a of ~ ~ ~. Surety Insurance Company The Halstatt Partnership Notary P CHeryl L. Beaird .~L~.-//.' ...? Notary ~ 0000614594 T~is documem is 1~n~td on ~i~ ~ ~.aininl ~ ~iflcial ~ IolO ~ ) of~et S~ I~ce Com~ (~'Com~ on ~n~tions or ~ti~ mg~inl ~il ~A ~y ~ ~e ~ ~y ~n ~a ~A il Iov~ ~ ~e II~ of ~ Sa~ of California ~d is only valid ~EPHE~ ~ ML~Y ~ERYL ~ B~ JOSEPH N. S~LEY |13 true ~md lawful At, oma.tn, fact, w~th limited ~ ~d a~ofl~ · c~ ifa ~1 is ~ui~ on ~n~, ~n~, ~o~i~, ~i~ m ~e ~m~ ~fu follow Bid ~ up ~ S"~,~.~ Con~ ~eKo~e A PU~ C~ Su~lon ~e~m ~n~ up ~ S'"~,~.~ the seal of the and to bind t~e company there~ This appoint;none is made under and b l, the undersigned s~crcta;7 of Amwest Surety Insurance Company, a N~ f'orc~ and effec! and has not been r,~voked ~nd fur~ermore. provisions of the By-Laws of the Coml~ny. ~ now in full Bond No 1 3 2 3 8 2 4 . Sis.~ & ruled mi I~ · · · · · · · · · · This POA is signed Nd sealed ~ Company at a m~ttnl duty held on ~t 1975 ~OL~D. ~at ~e President of au~oH~ M dt~n~ or limi~ in o~e Comply m ~n~, und~m revoke ~y ~A pr~io~ly ~u ~OL~D ~R (i) ~cn si~ ~ ~e (ii) ~cn siln~ ~ ~e ~ident i (iii) ~en duly force and effect PU~,t of^~me7 rcmai~u in on this Pu,~.t ofA~omey, a~d that the rclevam ICa~n G Cohen, Secret. · · · · · · · · · · ~ the Board of Defectors ofAm~est Sure~ l~ce for ~d on ~h~fof~e C~), llation I~1 ~ valid ~ bi~ u~n ~e Comfy , ot ~si~= ~, ~d coun~i~ ~ ~led (ifa ~ ~ ~uircd) ~ a duly ' one or mom a~m~ s-in-fa~ ot au~o~d o~cet ~d ~e ~ of~e Comply may ~ ~ ~ facsimile m ~y ~A or ccntfioaon thereofaut~or~.zing t~e execution t~d de bond. undertakinl, te~o~izau:.ce, or other suretyship oblilt~ons of the Company. a~d such silnature a,-,d ~ ~hen so u~ed shall have 0~e s~me force a~d etTect u though manually affixed f~ V,TI~ESS V,~-I~REOF. A~w~t Surety Insurance Company hu caused these prcsent~ m be si~ned by iu p~pet oflqcer~, and fu corporate ~ John E. Say. e, r. aren O Cohen. S~crct~ State oi' California County of Los A~geles O~ December 14, 1995 before me, Pell~' B Lotion Not,try Public, petsona~l~ ~ John E. Savage ~nd Karcn O Cohen, personally kno~,'n to me (or proved ~o me on the basis of sat~sf'attor~ e~idence) m be the person(s) whose name(st is/ate subscribed lo the within insmament a~d aetumwledlnd heJshe/~hcy executed the se'ne in his/her/their authorized cap~:ity(ies), ~nd that b) of which ~e ~rso~sl ~',.ed. executed ~e insr'ument W1TNESS ~4?~nd ~nd otTici~l To be attached to and form a par~ of Bond No. L323824 in the amount of $ 318,912.00 on behalf of The Halstatt Partnership as principal and executed by AMWEST SURETY INSURANCE COMPANY as Surety in favor of Collier County Effective date of change ~ov-mher 26, 1996 In consideration of the mutual agreements herein contained the Principal and ~he Surety hereby consent to changing From: Subdivision plat named Grey Oaks To: Subdivision pla9 named Grey Oaks Unit 6 Nothing herein contained shall vary, alter or extend any provision or condition of Chis bond except as herein expressly stated. Signed, sealed and dated t_his 16th day of Dec-m~er 1996 · Wi~ne~s - - - State of Florida u County of Hillsborough By: XHWEST SURETY INSTA~/4C-~- CO~ Joseph N. Sma:].Ley ' ~-' '-"' The foregoing instrument was acknowledged before me this 16th day of DEc-mher, 1996, by Joseph N. Smalley, Attorney in Fact of Insurance Company who is personally known to me or has ~pro~~ J chery~ L. s air~_ /~ . EXECUTe'TS S~Y APPROVAL OF BUDGET AMENDMENT FOR THE NAPLES PARK DRAINAGE PROJECT O~J~CTIVE~ Obtain Board of County Commissioners' approval of a budget amendment adjusting the Naples Park Drainage Project budget to reflect actual receipt of interim financing. g0~SIDERATIONS~ On 7/23/96 the BCC approved the Naples Park Drainage Project Budget. The project was supported by interim loan proceeds. At the close of FY 96 the loan proceeds had not been received. The loan proceeds will be received in the FY 97 budget year. In order to accurately reflect the timing of loan proceeds the FY 97 budget will be amended to reflect the receipt of planned loan proceeds. FISCAL IMPACT: Loan proceeds in the amount of $3.0 million were budgeted but not received in FY 96. The proposed budget amendment will put the loan proceed budget in place in the FY 97 budget. This will accurately reflect the actual timing of the loan draws and assist in project reconciliation and auditing. GROWTH MANAGEMENT IMPACT: None. RECOMMENDATIONS: That the Board of County Commissioners approve the budget amendment as described herein. Edward N. Finn, Operations Director, Public Works Division ~ohn Boldt, ~.E[, Stormwater Management D~rec[or-- REVIEWED BY: Raymbnd Miller, P.E., Administrator DATE: Interim Publ fc Works Attachment ~XECUTIVE SUMMARY APPROVE AND EXECUTE WORK ORDER NO.FT96-15 WITH WILSON, MILLER, BARTON, PEEK, INC. TO PROVIDE STORbIWATER MANAGEMENT SYSTEM DESIGN AND OUTFALL SYSTEM CONSTRUCTION PLANS FOR GOLDEN GATE BOULEVARD PROJECT cm NO.62. ~ To gain Board approval and execution of WORK ORDER No.FT96-13 with W.M.B.P. under the terms of our annual professional services agreement contract # 95-2422. CONSrDERATION: The OCPM in-house design staffis preparing the construction drawings of the Golden Gate Boulevard Widening project. In order to meet the schedule, some of the design work for this project will be performed by the consultant firm ;WMBP. The consultant is already under contract with Collier County to compile survey data & information regarding this project, Since other surveying tasks have been performed by WMBP in the area, they are the most logical choice For the drainage design. A copy of the scope of services which includes fees and schedule is attached. e iSCAL IMPACT1 Funds in the amount of $89,835 are available in Fund 338 cost nter 163650, project 63041 (Golden Gate Boulevard). GROWTH MANAGEMENT IbtPACTI This project is consistent with the Capital ~mprovement Element of the Growth Management Plan. RECOMMENDATION-: That the Board of County Commissioners approve work order No. FT-96-13 with WMBP for $89,835, pending review and approval by the County Attorney. Mitch Momtaz, P.E., Pr0lect Manage~ Office of Capital Projects Management Adolf'o A. Go/fzalez. P.E,~Director Or, ce Of'Cal~tal Project's Management DATE: Raymond W. Miller, P.E., Administrator Public Works Division CC: File 2 proj# 63041 w/att Rich hellriegel, P.E. Sr Project Manager WILSON, MILLER, BARTON & PEEK, INC. Engineers, Planners. Surveyors, Landscape Architects & Environmental Consultants Wilson Professional CenleL Su.e 200, 3200 B&lley lane at A~rpon Road, Naples, Florida 3410.~ · 1011 ) 6.10,.4040 Fax (Oal } 6a 3-5716 November 26, 1996 Mr. Mitch Momtaz, P.E. Office of Capital Projects Management Building D Collier County Government Center Naples, Florida 33962 SUBJECT: Golden Gate Boulevard Collier County Project No. 63041 Professional Services Proposal Dear Mitch: Enclosed, for you review, are the following documents: Pro£ession~l Services Proposal for Stormwater Management System Design and Outfall System Construction Plans Attachment A-Scope of Services dated 11/25/96 Attachment B-Fee Schedule dated 11/25/96 Attachment C-Project Time Schedule dated 1 !/25/96 I have made a number of changes to the proposal to account for the elimination of'the permitting proposal and to address the comments received from your staff. I am available to review the specific changes with you. Please contact me if'you would like to do that. Sincerely, WILSON, MILLER, BARTON & PEEK, INC. Kev~n'n'n~L. Higgin~sdn~ P.E. Project Manager w~t5 KLN Naples 1941 ) Fax ~041 ~ ~3-5716 Fort Myers {911 ) 939-1020 lax ~941 ~ 939.'/J79 Sara$ofa ATTACHMENT A - SCOPE OF SERVICES WORK ORDER # WMBP-FT.96- STORM~VATER MANAGEMENT SYSTEM DESIGN AI~D OUTFALL SYSTEM PLANS Golden Gate Boulevard, CIE #62 Collier Count), Project No. 63041 Proposed Improvements from CR 951 to Wilson Blvd. (Fixed Term Professional Engineering Services Agreement Contract 95-2422 dated 7/26/95) TABLE OF CONTENTS II. III. IV. V. VI. VII. VIII. IX. PROJECT DESCRIPTION 2 PROJECT AREA 2 CRITERIA AND ASSUMPTIONS 2 CONSULTANT'S SCOPE OF SERVICES 3 OWNER RESPONSIBILITIES S ADDITIONAL SERVICES TO BE PROVIDED BY CONSULTANT 5 CONSULTANT'S DELIVERABLES 6 COMPENSATION 7 TIME SCHEDULE 7 Page l II. III. PROJECT DESCRIPTION Collier County Project No. 63041 (PROJECT) is a proposed improvement to 5.0 miles of Golden Gate Boulevard in western Collier County, an existing, two-lane, undivided collector road from County Road 951 to Wilson Boulevard. The PROJECT involves constructing a four lane roadway and making provisions for future six-laning. The Office of Capital Projects Management (OWNER) desires to retain the services of Wilson, Miller, Barton & Peek, Inc. (CONSULTANT) to perform certain portions of the PROJECT. Bo The objective oft.his Work Order is to retain the services of the CONSULTANT to provide slormwater management system design and outfall system construction plans for the PROJECT. PROJECT AREA Ao The PROJECT area extends 100 feet on either side of the centerline of a 5 mile segment of Golden Gate Boulevard from CR 951 to Wilson Boulevard plus a transk~on zone of 1,000 feet east of Wilson Boulevard. The PROJECT also includes the area 50 feet on either side of the centerline of the existing rights-of- way of thirteen (13) streets extending south from Golden Gate Boulevard to the Golden Gate Canal. These side streets (totaling approximately 14 miles) are: 25th Street SW; 23rd Street SW; 21st Street SW; 19th Street SW; 17th Street SW; 15th Street SW; 13th Street SW; 1 lth Street SW; 9th Street SW; 7th Street SW; 5th Street SW; 3rd Street SW; and Wilson Boulevard. CRITERIA AND ASSUMPTIONS ho The storm drainage system will outfall to the CR 951 Canal, the Golden Gate Main Canal and the Cypress Canal. Survey data collected for the PROJECT under Work Order #WMBP-AS-96-5 and other survey data available from OWNER will be used as base information. Drawing submittals in electronic format shall be provided in a form compatible with AutoCAD Release 12. D. Design will be based on the Florida Department of Transportation (T'DOT) Standard Specifications for Road and Bridge Construe_ti_on--the 1994 [ : - Page 2 IV. Fo FDOT Supplemental Specifications, and the 1994 FDOT Roadway and Traffic Design Standards (Stand~rd Indexes). Drawings, calculations md specifications will be prepared using the English System of units. Stormwater management system design shall be in general conformance with South Florida Water Management District (SFWMD) rules and criteria. For the purposes of this proposal, it is assumed that compensating storage will not be required by SFWMD. Outfali ditches and water control structures shall be designed to accommodate a 2$.year storm event. Preparing and submitting permit applications and responding to agency requests for information shall be the responsibility of the Owner. CONSULTANT'S SCOPE OF SERVICES The CONSULTANTs scope of professional services includes and is limited to the following: Stormwater Management Design Determine pond and/or side street ditch configuration and cross-section necessary to provide water quality treatment and to meet stormwater conveyance requirements. Determine side drain size requirements. Determine tailwater conditions for storm drainage system calculations. Summarize analysis, design computations, conclusions and recommendations in report form. o Prepare Master'Stormwater Management Plan (MSWMP) depicting drainage basin limits, stationing of mainline roadway, existing street names, physical land features, existing drainage features, pond/side street outfall improvements, control structure locations and details, and cross drain locations. Proposed mainline storm sewer ~411 not be depicted. Submit four copies of the MSWMP and the Stormwater Management Design Report to OWNER for review and approval. Page 3 Bo Co Outfall System Construction Plans Prepare Outfall System Construction Plans consisting of Summary of Outfall System Drainage Structure Sheets, Special Drainage Structure Details, Outfall/Side Street Drainage Plan and Profiles, and Outfall/Side Street Drainage Cross-Sections. Plans shall be prepared on 24"x36" sheets. Scale for plan and profile sheets shall be I"=40, horizontal and I"=,4' vertical. Scale for cross-section sheets shall be 1"=20' horizontal and 1"--10' vertical. Prepare Special Provisions, as necessary, to supplement the FDOT Standard Specifications, Supplemental Specifications and Standard Indexes for the drainage and stormwater management system improvements designed by CONSULTANT. Prepare design computations and notes, Engineer's Opinion of Probable Cost and Computation Book for the Outfall System improvements. Submit four copies of plans to OWNER for review and approval at each plan review stage (i.e., 60%, 90%). Address and incorporate OWNER comments into subsequent plan completion stage. Submit one reproducible set and one signed and sealed set of the 100% (Final) plans to the OWNER. Special Provisions, if necessary shall be submitted at the 90% and 100% (Final) stages. The 100% (Final) plan submittal shall also be provided in electronic format. Meetings Schedule and attend the following meetings: Pre-application meeting with the SFWMD in Fort Myers to obtain input on probable stormwater management permitting requirements for the PROJECT. Meeting with OWNER to present MSWMP. Plan review meeting for 60% Plans with OWNER. Plan review meeting for 90% Plans with OWNER. Prepare a memorandum documenting items discussed, issues resolved and actions required or agreed to by each party involved in the meeting. Page 4 D. Reimbursable Expenses Expenses for out-of-town ~ravel, blueprints, reproduction services, overnight/express delivery service, and long distance telephone calls. OWNER RESPONSIBILITIES A. OWNER Review The OWNER shall review the CONSULTANT's submittals and provide comments within fourteen (14) calendar days of receipt of the submittal. Comments or recommendations made by the O~q',,"ER shall be incorporated by the CONSULTANT in the final repons and plans prior to oWNER approval. B. What the OWNER Will Provide OWNER shall provide the following to assist the CONSULTANT with the analysis and design of the PROJECT drainage system: 4. 5. 6. 7. 8. Typical section drawings, including Golden Gate Boulevard, adjacent side streets and main intersections. Profile Grade Line (PGL) along Golden Gate Boulevard from County Road 951 to Wilson Boulevard including transitions and side streets. Mainline Roadway Storm Drainage System Design Computations. Easements and right-of-way to accommodate the proposed improvements. Roadway Plans at each submittal phase. Golden Gate Estates Drainage Maps Description of existing drainage problems within limits of PROJECT. Geotechnical information. ADDITIONAL SERVICES TO BE PRO'sqDED BY CONSULTANT The CONSULTANT will provide, if authorized in v, xiting by the OWNER, the following additional services: Ao Additional water management concept development and ahernatives analysis requested by OWNER. B. Additional meetings requested by OWNER. C. Utility Coordination Services Identify utility service providers within the limits of the PROJECT. Provide copies of the plans to each service provider at each plan submittal phase. Plot existing utility locations as marked by service providers on the 90% plans. Plot proposed utility relocations as provided by service providers on the 100% (Final) plans. D. Underground Utility Location Services E. Utility Relocation Plans Plan Reviews for Constructability, Bidability, Plan Sufficiency and Design Criteria Compliance G. Pollution Prevention Plan Prepare a Stormwater Pollution Prevention Plan to assist the OWNER in complying with U. S. Environmental Protection Agency (EPA) requirements for a General NPDES permit for the PROJECT. H. SFWMD Right-of-Way Permit Application Prepare and submit an application for a SFWMD Right-of-Way Permit. This application will include proposed encroachments into SFWMD rights-of-way, including CR 951 Canal, Cypress Canal and Golden Gate Main Canal. VII. CONSULTANT'S DELIVERABLES Ao Stormwater Management Design 1. Stormwater Management Design Report 2. Master Stormwater Management System Plan B. Outfall System Plans 30% Plans-No Deliverable. 60% Plans- Special Drainage Structure Details (Partial), Ouffall/Side Street Drainage Plan and Profiles (Partial), Outfall/Side Street Drainage Cross-Sections (Partial), Engineer's Opinion of Probable Construction Cost, Design Computations and Notes. , :.__C:L. __ ] Page 6 VIII. 90% Plans-Ali Sheets, Special Provisions, Engineer's Opinion of Probable Construction Cost, Design Computations and Notes. 100% (Final) Plans-All Sheets, Special Provisions, Engineer's Opinion of Probable Construction Cost, Design Computations and Notes, Computation Book. C. Meetings-Memorandum of Meeting. D. Reimbursable Ex, mses-N/A COMPENSATION The OWNER shall compensate the CONSULTANT for the work and services listed herein in accordance with Auachment B, FEE SCHEDULE IX. TIME SCHEDULE mo The work and services listed herein shall be carried out in accordance with Attachment C, PROJECT TIME SCHEDULE. The schedule dates will be adjusted day for day based on the actual NOTICE TO PROCEED date. Page 7 ATTACHMENT B - FEE SCHEDULE WORK ORDER # WMBP-FT-96- STORMWATER MANAGEMENT SYSTEM DESIGN AI~D ENVIRONMENTAL PERMITTING Golden Gate Boulevard, CIE #62 Collier County Project No. 63041 Proposed Improvements between C.R. 951 to Wilson Blvd. (Fixed Term Professional Engineering Services Agreement Contract 95-2422 dated 7/26/95) DESCRIPTION BASIS OF AMOUNT OF COMPENSATION COMPENSATION A. Stormwater Management Design LUMP SUM $26,745.00 B. Ouffall System Construction Plans LUMP SUM $57,980.00 C. Meetings LUMP SUM $2,310.00 D. Reimbursable Expenses LUMP SUM $2,800.00 TOTAL LUMP SUM $89,835.00 Page l EXECUTIVE SUM,MARY APPROVE A BL:DGET AMENDMENT RECOGNIZING CARRY FORWARD AMOUNTS FROM FY 1996 FOR THE MARCO ISLAND LIBRARY ADDITION PROJECT IN FUND 35S. ~ ~T__~: To obtain RCC approval ora budget amendment that ,*ill allow unexpended Rinds budgeted for the Marco Island Library Addition project to be carried forward and re-appropriated in the FY 1997 budget. CONSIDERATIONS: Funds were appropriated in FY 1996 for the Marco Island Library Addition project. Staff`was unable to encumber all the appropriated funds before the end ofthe fiscal year. These funds are still required to complete the approved project. · FISCAL IMPACT: These unencumbered funds were anticipated for cam' forward in the preparation of the FY 1997 Marco Island Library budget. ' RECOMMENDATIONS: That the BCC approx,/authorize the necessaD, budget amendment to cam' forward FY 1996 unexpended funds into FY 1997 for Fund 355. · PREPARED BY: ../Li. ~. ~i _ /Z//~ ;; ,~., Sharon Newman, Accounting Technician REVIEWED BY: OffiC~ects Management George Parker, Senior Project Manager Office of' Capital Projects Management Library L REVIEWED BY: Adolfo A. G~zalez. P.F~. ~or DATE: Office of'Capital Projects Managemem Ra.~1'ond W. Miller. P.E., Interim Administrator Public Works Di~qsion DATE: :-. ., DATE: DATE: CARRY FORWARD FL.'ND LIBRARY PROJECT DESCTIPTION # DESCPdPTION 80253 80254 80257 50259 Golden Gate Estates Libran. Marco Island Library Everglades Cit). LibraD North Regional Librar3. Mise Operating Mist Capital Trander 5% Commercial Paper TOTAL EXT'ENDITURES FORECAST BUDGET !:~'% 1:3'96 AMENDED ACTUAL INCREASE FORECAST EXPENSES (DECREASE} 5.4(X) 5.319 S I '!52.0(X~ 30.464 12 I..~36 11.200 8.576 2.624 . 1.5Ofl (I..~{~) 34.O(~ 33.46O 540 420.2lff} 420.086 ] 14 340..~1R! 339.383 1.117 963.3{R! 838.789 124..4 J ! RE \'E N'UE Impam Fees IntcrcsL ,%llsc Cam. Fomard TOTAL REVEN'UE REVEN'UE LESS EX]aENSES J LESS 1%'97 BUDGETED C.~LRY FORWARD I [ADDITION.aJ.. CARRY FORWARD FL.'ND .~.~ 62.n.(x~ 783.771) 1.'58.77o 17.31~'! 17.30o . 444.81x) 1 .(!87. I (~! 1.245.870 158.770 t 247.0~) I 283.281 16o.o8 EXECUTIVE SUMMARY RECOMMENDATION TO APPROVE THE ADDITION OF ONE (I) IS-CUBIC YARD, DIESEL POWERED, DUMP TRUCK TO BID #96-2S49 FOR USE BY THE WASTEWATER COLLECTIONS SECTION OF THE PUBLIC WORKS DIXqSION. Gain Board approval to add one 15-cubic yard dump truck to the open purchase order to Wallace International Trucks, Inc., associated with Board-approved Bid #96-2549, for a net increase of $72,777,77. CON$IDERATIONi The Wastewater Collections Section will use this truck for hauling materials and debris in the maintenance and repair of the County wastewater and sewer system. It will replace a truck that has reached the end of its service life. The Board previously approved award of Bid #96-2549 to Wallace International Trucks, Inc., for purchase of two 15-cubic yard dump trucks for the Road and Bridge Section, at a cost of 5;72,777.77 each. Wallace International has agreed to add one additional 15-cubic yard dump truck to the bid at the same price (see attached letter). Bid invitation for one 15-cubic yard dump truck, Bid #96-2603, was mailed to 24 vendors by the Purchasing Department on November 6, 1996. Only one vendor, Tamiami Ford, Inc., responded with a bid of $66,672.00. This bid is $6,105.77 less than the earlier Wallace International bid but contains several variances from the bid specifications. One variance, lack of a two-speed transfer case, makes the Tamiami Ford bid unacceptable. The two-speed transfer case gives gear-ratio reduction capabilities to get a loaded truck throu_~h sandy or muddy soils with less likelihood of getting stuck or damaging the automatic transmission. This capability is considered critical to the Wastewater Collections Section. The Wallace International bid (Bid #96.2549) meets all specifications of Bid #96-2603, including the two-speed transfer case. FISCAL IMPACT: The funds for equipment purchases are budgeted in Fund 405-233351-764110 and available in the amount of/;72,777.77. I,. ~ROW.i,H MANAGEMENT IMPACT; None. ]RECOMMENDATIONS: 1) The Board of County Commissioners approve the addition of one ! 5-cubic yard dump truck to Bid #96-2549, at a purchase price of $72,777.77, for use by the Wastewater Collections Sections. 2) The Board reject Bid #96.2603 because of failure to meet specifications. PKEPAKED BY: A .x ~? :.,,.d(,'-~ ¥ t/~ DATE: Dan Croft. Fleet Manager' ~ Dave C~ister. Wastewater Collections Supervisor Timothy ~lemons, Wastewarer Director REVIEWED BY: - Ray~o'nd %~. ~iller, P.E., Public ~orks Adminis~raror REVIE\\~D BY: Steve CarnelE', Purchasing Director WALLACE INTERNATIONAL 2761 EAST EDISON AVENUE · FORT MYERS, FLORIDA 33916 MAILING ADDRESS: P.O. BOX 1585, FORT MYERS, FLORIDA 33902 * 941-334-1000 · FAX 941-334-8712 December 05, 1996 Collier County Goverrm~ent 3301 East Tarniaml Trail Naples Fl. 33962 Wallace International Trucks will honor the price for additional orders to Bid #96-2549 for a period ot'90 days from the date of'this letter. All terms and conditions ot'the original bid will remain the same. Delivery time will be ninety to one hundred twenty days after receipt of'purchase order. Any questions please do hesitate to call. Thank You ,,,-", ~,,-~,' Kenneth N. Wallace Sales Manager ITABULATION FOR BID #96-2603 POSTflqG DATE: November 6, 1996 OPENfNG DATE: November 20, 1996 One 15 C.Y. Dump Truck (no trade in) Total Price Year/~a~ufacturer and Model Number Delivery. T~e in Calend~ Days ARO Name & Location of Service Facility Are Manufacturer's Printed Specifications Submitted? yes no S S S days days days yes, no yes no yes no Prompt Payment Terms: Addenda Acknowledged: % days Net ~'£ days _Y~S ..._No % days % , days % days Net ~ days Net, days Net ~ days ~YES ...._NO __YES ..... NO ~YES ~NO W1TNESS: Claire Oss, Purchasing Technician "No Bids" received from: EXECUTIVE SUMMARY RECOMMENDATION TO APPROVE THE PURCHASE OF ONE ! ~A -TON CAB AND CHASSIS TRUCK CWITH UTILITY BODY, 2-TON CRANE, AND 10-HP AIR COMPRESSOR) FOR THE WASTEWATER COLLECTIONS SECTION IN ACCORDANCE WITH BID #96-2604. OBJECTi~: To award the equipment purchase in accordance with Bid #96-2604 to Tamiami Ford, Inc., for one I '/=-ton cab and chassis truck (with utility body, 2-ton crane, and 10-hp air compressor) in the net amount of $52,866.00. CONSIDERATION: This truck will be used in the maintenance and repair of the County wastewater and sewer system It is a replacement vehicle for a truck that has reached the end of its service life. Invitations to bid were mailed to 24 vendors on November 6, 1996 by the Purchasing Department. Only two vendors responded: Tamiami Ford, Inc., for $52,866.00 and Kaiser Pontiac-Buick-GMC, Inc., for $47,412.00. Neither vendor meets ali the specifications listed in the bid document (Variance list attached). Tamiami Ford has variances which are cosmetic in nature and acceptable. Kaiser Pontiac-Buick-GMC has one operational variance which is considered unacceptable by the Wastewater Collections and Fleet M'anagement staffs; air brakes are not provided or available on this model GMC truck. With the weight and loads this vehicle will be carrying, air brakes are considered to be necessary for safety and for reduced maintenance requirements. With these considerations, Tamiami Ford is recommended for bid award, even though not the Iow bidder. FISCAL IMPACT: The funds for equipment purchases are budgeted in Fund 408-233351-764110 and available in the amount of $52,866.00. GROWTH MANAGEMENT IMPACT: None. PREPARED BY: ~ECOMMENDATION: The Board of County Commissioners approve award of'Bid #96-2604 for one 1 ',6-ton cab and chassis truck (with utility body, 2-ton crane, and 10 h.p. air compressor) to Tamiami Ford, Inc., for a purchase price ofS$2,866.00. / ~'. ~.~.:// DATE: ' ~an Croft, eet ~/ager ' f~Dave ~b..cdnister, Wastewater Collections Super,'isor Timothy l%...~lemons, Wastewater Director REVIE\X'ED BY: R~y~ond W. Miller, P.E., Public Works Administra/tor REVIE\VED BY: · St~;gCarn~ll, Purchasing Department Director J.fi.q O 7 :£?7. VAR'lANCE LIST BID #96-2604 1 ~ TON CAB AND CHASSIS TRUCK (~VITH UTILITY BODY, TWO-TON CRANE, AND 10-HP AIR COMPRESSOR) ,Tamiami Fprd~ S?ECIFICATIQ~ 1, Diesel Engine - 7.0 Liter, minimum 2. Standard Steel Cab with Headliner 3. Gray Vinyl Seats & Floor Coverings 4. Gray Vinyl Floor Mats 5, A.M./FM Radio with Clock 1. Diesel Engine - 5.9 Liter (Meets torque and horsepower specifications) 2. No headliner installed 3. Black, not gray 4. Black, not gray $. No clock Kaiser Pontinc-Buick-GMC~ Inc~ SPECIFICATION 1. 2. 3. 4. 5. Diesel Engine - 7.0 Liter, minimum l. Diesel Engine - 6.5 Liter Engine Torque - 400 t~. lb., minimum :2. Engine Torque o 385 ft. lb. Full Air Braking System 3. 4-Wheel Disc Brakes Battery with 1800 Cold Cranking Amps 4. 1540 Cold Cranking Amps Dual Fuel Tanks, 60 gallons minimum 5. Duel Fuel Tanks, 40 gallons T,~BULATION FOR BID #96-2604 "Purchue or' (1) One !-I,'2 Ton Cab & Chassis w/Utility Body'' INVITATIONS SENT TO: 24 Vendors POSTING DAT~: November 6, 1996 OPE'NrNG DATE: November 20, 1996 VDNDOR NAIv~ I ~,-~ Z) I ~Z't~.C, I I One medium duty 1-1/2 Ton Cab and Chassis, Diesel Powered Truck with Utility. Body, Crane and Air Compressor Total Price Year/Manufacturer and Model Number Deliver)' Time in Calendar Days ARO & Location of Service Facility Manuf'acmrer's ih-inted Specifications ;ubmined? yes no .days days ,/ yes no yes no yes no Payment Terms: Addenda Acknowledged: __% __days % days Net ,,~ C. days Net .~C". days .__~s __No ,,, YEs .__No % __days Net ~ days __YEs _._~o % ~day~ Net days'~ YES NO WITNESS: /Claire Oss, Purchasing Technicim "No Bids" received From: ,:. a. ,~.~; 0 7 T~BULATION FOR BID #9~-2604 "Purchase of (1) One 1-1/2 Ton Cab & Chassis w/Utility Body" INVITATIONS SENT TO: 24 Vendors POSTING DATE: November 6, 1996 OPENING DATE: November 20, 1996 VENDOR NA~ I ~,,..~/.) I ~Ot,--z~.~.¢., I I One medium duty 1-1/2 Ton Cab and ........................................ Chassis, Diesel Powered Truck with Utility. Body, Crane and Air Compressor Total Price Year/Manufacturer ~nd Model Number Deliver)' Time in Calendar Days ARO Name & Location of Service Facility Are Manufacturer's Printed Specifications Submitted? ~ days_ ~,:, ~t'~'~- t~t,,~' · ~--~ yes no days days 110 yes no yes no Prompt Payment Terms: Addenda Acknowledged: ~% __ days .,, % days . % ~days Net ~(' days Net ...TC': days Net days .._.~s ....NO __Y'ES __No .... Y~S __No % ~day~[~ Net days~m'[ __YEs .._Nc) / /Claire Oss, i~rchasin~ Technician "No Bids" received from: APPROVE AMENDMENT NO. THREE TO PROFESSIONAL SERVICES AGREEKENT WITH METCALF & EDDY FOR THE NCRWTP 8-MGD EXPANSION PROJECT ~~ That the Board of County Co=missioners, Ex-Officio the Governing Body of the Collier County Water-Sewer District, approve Amendment No. Three to the subject agreement to delete construction engineering and inspection services from the scope of the professional services agreement. CONBIDER~TIONS~ 1. An engineering contract with Metcalf & Eddy, Inc. (M&E) for the design of the NCRWTP 8-mgd Reverse Osmosis Expansion project was Board approved on 4/11/95, item (8)(H)(1). The proposed expansion project includes construction of facilities adjacent to, and within the NCRWTP. Construction practices will be closely monitored to avoid or prevent substantial conflicts with the existing facility. 2. During the course of design, M&E discovered numerous existing facility components that were operationally deficient and required additional services to correct. 3. Staff believes that there is a good likelihood that once a construction contract is awarded, more deficient items could potentially be discovered. To prevent substantial construction conflicts, the County performed a constructibility review with an independent engineering firm. The findings of the constructibility review will be incorporated into the design contract with M&E (contract amendment no. 4 will be brought to the Board as soon as staff finalizes negotiations with M&E). 4. Staff recommends hiring an independent construction engineering and inspection consultant and retaining M&E for all office engineering services during construction. This would allow the independent construction engineering and inspection firm to deal specifically with construction related issues and let M&E concentrate on design related issues. 5. M&E would be retained for the completion of final design, a portion of bidding assistance, shop drawing reviews, design clarifications during construction and responses to contractor's requests for information. Detailed observation, contract administration, operations & maintenance manual preparation, start-up services, final contract certification, operational consulting services, warranty request procedure and training seminar will be deducted from M&E's engineering contract and procured from a specialty construction engineering and inspection firm via the Request For Proposal (RFP) process. J~N 0 7 Executive Summary Page 2 6. We are currently preparing an RFP to shor~ list specialty construction engineering and inspection firms for the subject project. We will employ the partnering concept, a multilateral voluntary understanding between the County, Consultant and Contractor, to draw on strengths of each organization in an effor~ to achieve a quality proJsct, where work is done right the first time, on schedule and within budget. 7. The proposed scope reduction in the 4educt amount of $637,859.00 to M&E'S contract, is provided in the attached M&E proposal dated December 3, 1996 and made part of amendment no. 3. The County Attorney's Office is currently reviewing the agreement. The amount represents a full, or remaining credit for each of the deducted tasks. FISCAL IMPACTS Funds in the amount of $637,859.00 will be . ~/ retained for the RFP-selected construction engineering and ,, ~.~ inspection services in account 41~-273511-631400-70859, NCRWTP ~~l~8-mgd Expansion. aROWTH MAN~aEMENT IMPACT~ This work will facilitate improving reliability of water service and is consistent with CIE 859, NCRWTP 8-mgd Expansion. RE¢OKMENDATION~ That the Board of County Commissioners, as Ex-Officio the Governing Body of the Collier County Water-Sewer District, approve Amendment No. Three to the subject agreement for the NCRWTP 8-mgd Expansion project. PREPARED BY: REVIEWED BY: REVIEWED BY: PS:ps attachment Peter Schalt, PMP, Project Manager Office of Capital Projects Management Adolfo A: Gonza~z, ~.E., Director Office of Capital Projects Management / . Raymond W. Miller, P.E., Interim Administrator Public Works Division cc: Karl W. Boyer, P.E., Senior Project Manager Michael R. Newman, Water Director An Nr & Water Technologies Company December 3, 1996 Mr. Peter Schalt Collier County Government Office of Capital Projects Management 3301 East Tamiami Trail, Building D Naples, Florida 33962 Re: NCRWTP 8-MGD R.O. Expansion Project M&E Project Number 017533/017534 Contract Amendment No. 3 (revised) Dear Pete: Tabulated below are processional services which Collier Count3' has asked us to delete from our contract for the North County Regional Water Treatment Plant expansion. The deleted item and the cost of each are summarized as follows. CA3A: Construction and Contract Administration: As identified in the original contract as A.6 in the scope of services. ($247,341.00) CA3B: Detailed Observation of Construction: As identified in the original contract as A.7 in the scope of services. ($223,488.00) CA3C: O&M Preparation: As identified in the original contract as A.10.1 in the scope of services. ($ 59,089.00) CA3D: Start-up Services: As identified in the original contract as A. 10.2 in the scope of services and as identified in amendment no. 2 as item 2A2P. ($8,008.00) CA3E: Final Certification: As identified in the original contract as A.10.4 in the scope of services. ($1,627.00) CA3F: Operational Consulting Services: As identified in the original contract as A.10.5 in the scope of services. ($ 47.717.00) CA3G: Set up Warrant3' Request Procedure: As identified in the original contract as A. 10.6 in the scope of services. ($1,479.00) ~?-".q E,e:,'..ve :':at M .&-&. ~= ¢. ca December 3, 1996 Mr. Pete Schalt Amendment No. 3 CA3H: CA3I: Training Seminar: As identified in the original contract as A. 10.7 in the scope of services. ($19,1 I0.00) Reimbursible Direct Costs: As identified in the original contract as "Reimbursible Direct Costs in the scope of services. ($ 30,000.00) TOTAL ($637,859.00) We have also included a revised Schedule B of fees for basic services, a revised Schedule C showing the revised Project Schedule and six executed original copies for the ammendment. believe that the proposed change (deletions) is material and the contract needs to reflect these changes in the appropriate manner. We It is important to note that M&E will not be able to certify fa,al completion of the project since we are deleting the item "detailed observation of construction." We have included for your information a copy of the FDEP 'Certification of Construction Completion and Request for a Letter of Clearance to Place a Public Drinking Water Facility into Service." On page 3 of this certification it is stated: 'This certification is based upon on-site observation of construction conducted by me or by a project represenatative under my direect supervision and upon review of record drawings performed by me or by a project representative under my direct supervision." We trust the aforementioned provides you with the required documentation to process this request. Please let me know if you have any additional needs regarding this contract amendment. .~~._~ly yours, ~ gbberto S. Ortiz, P.E. ' I Vice President Attachments: Schedule B Schedule C Executed Copies (six) CC: Jeff Morris (M&E) John Hermann (M&E) 0 7 ;-ji7T .... ,4 / - 888 ~ 8~ ~,' ~' ~ 888 ~ 88 g 8 o ~u 8888888888~8 · ~ c ~aa'''~'"'' . i! 8888888888~8 ~ EXECUTIVE SUMMARY RECOMMENDATION TO AWARD BID #96-2554 FOR BERM MAINTENANCE FOR T~E SOUTH COUNTY REGIONAL WASTEWATER TREATMENT FACILITY TO ASTRO LAWN SERVICES, INC. ~ That the Board of County Commissioners, Ex-Officio the Governing Board of' Collier County Water-Sewer District of Collier County, Florida, award Bid #96-2554 for Berm Maintenance for the South County Regional Wastewater Treatment Facility to Astro Lawn Services, Inc. of Naples, Fi. ~QNSIDERATIONS: 1) Invitations to bid were posted on September 6, 1996. Bids were received by four (4) vendors and opened on October 2, 1996. 2) This item is to maintain the extensive landscaping on the berm that separates the SCRWWTF from the neighboring residential units along St. Andrews Blvd. This berm had the landscaping on it significantly enhanced as a result of complaints received from the residents of the area and after the direction of the Board. 3) Staff has reviewed the bids received and recommends awarding Bid #96-2554 to Astro Lawn Services, Inc. FISCAL IMPACT : The annual fiscal impact for the award of bid #96-2554 is $ 26,880.00. Funds are available in 408-233352. ~ROWTH MANAGEMENT IMPACT.' NONE. Page 2 RECOMMENDATIONs The Public Works Administrator recommends that the Board of County Commissioners award Bid # 96-2554 for "Berm Maintenance for the SCRWWTF" to Astro Lawn Services, Inc. of Naples, Florida and approve the necessary budget amendment. PREPARED BY: REVIEWED BY: REVIEWED BY: APPROVED BY: D~wn' L. Br~heney Chief Operator SCRWWTF Timoth~ L.~lemons, wastewater Director Stephe~n Y. C~rnell, Purchasing Director Raym6nd W. Miller, P.E. PuBlic Works Administrator TABULATION ~OR BID #95-255AR POSTING DATE= Sep=. 6, 1996 .Berm Maint:enance" INVITATIONS SENT TO'. 30 Vendors OPENING DATEs 0¢=. 2, 1996 ~. ~ . I ~,'~/ .. ~ ~--~ i ~. ~ ' ' Mon=hly Cost: $ · - (x 12 mo. =) Annual Cos= Promp= Paymen~ Ter=.s: Addenda Acknowledged: % __days .... %___days .... % ,days Ne~. 30 _ Ne= }0 Net: _ 30 Wi:ness Cheryl Gentry, Purcha~tn~ a~ "No Bids" received from: Chemlawn Services; APPROVE CNANGE ORDER NO. i TO THE CONTRACT TO CONSTRUCT THE RECI~IHED %~ATER TRARSHISSION ~IN ~OH QUAIL ~ TO ~E NOR~ CO~ ~GION~ ~AT~ ~~ p~, P~E Z, CO~ NO. 96-2581. ~ ThaC the Board of County Commissioners, aa Ex-Officio the Coverning Board of cha Collier County Vacar-Sewer District, approve Change Order No. 1 Co the Contract co construct the Reclaimed racer Transmission Hain from Quail Creek Co the North County Regional ~ater TreacnenC Plane. Phase I. ~ The County Transportation Deparcnenc recently installed traffic signal facilities at the inCereection of County Road 8&6 and Oakea Blvd. The County also recently acquired an additional 50 feaC of righc-o£-vay along the south side of County Road 8&6, vest of Oakes Blvd. In order co avoid damage Co the newly installed traffic will bt necessary Co relocate the proposed reclaimed racer main crossing of County Road 8&& from the eaec side of Oakea Blvd. co west of Oakea Blvd., utilizing the recently obtained right-of-way, lc will also be necessary Co Jack and bore across County Road 8&6 and Oakes Blvd., instead of open hOC co damage traffic sensors in the pavement and the pavement The agreemen= for reclaimed wa=er eervice Between the County and the Vineyards provides for additional points of service chac were hoc included in the project as bid. Change Order No. 1 also includes the additional piping and valves required co provide chase addi=ional service points. ~ Funds for this Change Order in the amount of $5?,302.55 are '~avallable from Fund &13-263611-?&008: Reclaimed Water MainQuail Creek co NCRWTP. CROVTH KANACEMENT IMPACT: None. EECOMME~DATIONS: Scarf recommende thac the Board of County Commiseloners, as Ex-Officio the Governing Board of cbe Collier County ~acer-$ewer approve and au=horize the OCPH Direc=or co execute Change Order No. 1 co ~icchell and Stark Construction Company, Inc. for Contract No. 95-2581, Reclaimed ~acer Transmission Main from Quail Creek co the North Counmy Regional Water Trea~menc Plane, Phase I. Ronald F. Dillard, P.E., Project Hanager Office of CspiC~l Projects HanagemenC Adolfo'A; C~nzale,, P.~., Dl~_~ctor Office of C~piCal Projects Hanagemenc Ray~otxi ~. ~i11~r, P.E., In~rl~ ~blic ~orks ~lvision R~:rfd cc: Tim Citrons, ~as~a~ Dlr~c~o~ DATE: CHANGE ORDER NO. I CONTRACT NO. 96-2581 TO: Mitchell & Stark Construction Company, Inc. Attn.: Mr. Brian R. Penner, Vice President 6001 Shirley Street Naples, Florida 34109 DATE: December 10, 1996 PROJECT NAME: RECLAIKED WATER TRANSMISSION MAIN FROM QUAIL CREEK TO THE NORTH COUNTY REGIONAL WATER TREATMENT PLANT, PHASE I PROJECT NO.: 74008 Under our AGREEMZNT dated October 22, 1996 ******************************************************************* You hereby are authorized and directed to make the following changes in accordance with terms and conditions of the Agreement: A. Reroute the proposed main crossing CR 846 as shown on revised sheet 3 of 15. B. Add additional piping as shown on revised sheet 15 of 17. C. Relocate Tee, Valve, and Plug from Sra. 42+50 to Sra. 55+50. These changes will result in the following changes to the Pay Items: Add Item 22. [Jack and Bore 36" Steel Casing Crossing Both County Road 846 and Oakes Blvd.]~ Quantity 109 LF at a Unit Price of $307.00 per LF~ for an increase in the contract amount of $33,463.00 and an increase in the contract time of 5 days. Add Item 23. [Additional 20" Diameter 45 Degree Bends]~ Quantity 6 EA at a Unit Price of $3,040.00 per EAt for an increase in the contract amount of $18,240.00. Add Item 24. [16" X 12" Cross in Lieu of a Tee]; Quantity I EA at a Unit Price of $550.00 per EAt for an increase in the contract amount of $550.00. ® Add Item 25. [12" PVC Pipe (C-900, DR 18)]; Quantity 135 LF at a Unit Price of $47.85 per LF; for an increase in the contract amount of $6,459.75. Decrease the quantity of Item 1. [20" PVC Pipe (C-905, DR 18)] by 90 LF at a Unit Price of $43.08 per LF for a decrease in the contract amount of $3,877.20. 6. Increase the quantity of Item 2. [20" PVC Pipe by 265 LF at a Unit Price of $34.60 per LF for an~nCrea~t~ the contrac~ amoun~ of $9,169.00. ~ .;~ 7. Increase the ~an~ity of Item 11. [12" Ga~. Valve ~i~._p~g] by~ I ~ at a Uni~ Price of $998.00 per ~ for an inc~he'''~ contract amount of $998.00. original Agreement Amount Sum of previous Changes This Change Order (Add) Present Agreement Amount Change Order No. 1 December 10, 1996 Page 2 S. Delete Item 15. [Open Cut and Restore Immokales Road Crossing] for a decrease in the contract amount of $7,700.00. FOR THE (Additive) Sum of: Fifty Six Thousand Three Hundred Four Dollars and fifty five cents $783,400.62 $ o.oo $ 57,302.55 $840,703.17 The time for completion shall be increased five days by this Change'Order. Accordingly, the Contract Time is one hundred ten (]~1~) calendar days. The substantial completion date ~ and the final completion date is March 16. 1997. Your acceptance of this Change Order shall ~onstitute a modification to our Agreement and will be performed subject to all the same terms and conditions as contained in our Agreement indicated above, as f the same were repeated in this acceptance. The fully as i ute a full and d4ustment, if any, to the Ag~em~n~ sha~l constit or related to a ~ 1 cAalms arising out of final settlemen~ of.a)y and al__ r impact and delay the change set £ortn herein, in=luding claims fo costs. Accepted: CONTRACTOR: MITCHELL & STARK CONSTRUCTION COMPANY, INC. .., 1996 OWNER: BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT BY:~___~~ Brian R. Penner, Vice President BY: Adolfo A. Gonzalez, Directo~ Office of Capital Projects Management RFD:rfd DESIGN PROFESSIONAL: WILKISON & ASSOCIATES, INC. I 1.1 -~ 1 -. 1 ,cl!:ltS I~ Irl:af~4 WlLKIe-,t'~ A.C;,q;r~: INC. .ct41 ., · , November 18, 1996 MITCHELL & STARK CONSTRUCTION CO., INC. LICENSED GENERAL CONTRACTOR 60431 SHIRLEY STREET PH: ~41-5,,q'/-2165 FAX: ~41.566-7lB5 Mr. Jeff Davidson, P.E. Wilkison & Associates, Inc. 3506 Exchange Avenue Naples, FL 34!04 Re: Reclaim Water Quail Creek lo NCRWTI' Dear Mr Davidson' The foliov,'ing arc costs for changes you requested: 20" 45 Bend~ 6 EA IT'DR 18 135LF 16x12 cross in lieu of tree 1 EA Jack & Bore 112 I,F 3040.00 '.17.g$ 550 O0 307.00~../ 18240.00 6459.75 550.00 34384.00 The bends include extra clcarin~ and bike path restoration and restrained joint pipe required due :o these changes. I added thc jack and bore item. First, I increased the quantity because you need at least 8 foot ca.sing; on each side of the road to prevent damaging the road. Secondly, I must increase the price due to the length of jack and bores you proposed. As you can see I must provide two bore pits instead of one for the original bid. Also. the proposed bore pits may be in rock. The 12" pipe unit price appears high, but due to the small quantity, of pipe and the {'act you have fitting, restoration and restrained joints in this item the unit price ~s high as compared to if you had more pipe to spread these cost to lfyou have any questions, please contact me. Very truly yo~s, MITCHELL & STARK CONSTRUCTION COMPANY, INC. Brian R. Pe.'m~r \:ice President BRP:lgm AN EQUAL OPPORTUNI! Y FMPLOYER November 19, 1996 MITCHELL & STARK CONSTRUCTION CO., INC. LICENSED GENERAL CONTRACTOR 6001 SHIRLEY A'TREET NAPLES, FLORIDA ~42 PH: 941-597-218S FAX: 941-566-7865 Mr Jeff Dovidson, P.E. Wilkis¢~. & Associates. Inc. 3506 Exchange :\venue Naples, FI. 34104 Re: Reclaim Water Quail Creek to NCRWTP Dear Mr Davidson' In my November 18. ',99~ letter, ! forgot :o request additional time: We request ~ additional 5 days for t~is ~ork. If you have any questions, please comact mc. Ve~' tuffy yours, MITCHELL & STA~ CONSTRUL~ION COMPANY, INC. Vice President BRP'Igm AN EQUAL OPPORTUNITY FMPI. 0 YER Executive Summary December 23, 1996 Page 2 10. Longterm maintenance of roadside landscaping improvements to be considered by the Board as cost responsibility of'the Vanderbilt Beach Homeowners Association; 11. Roadway maintenance activities and roadside landscaping work to be implemented by competitive quotes and existing annual contracts; ! 2. Landscape architecture designs to be provided to County as in.kind services by the Vanderbilt Beach Homeowners Association; 13. Project plan/scope to be expedited with specific Board approval to waive bidding practices/policies if deemed necessary, and; 14. Ex~end landscaping theme/improvements to east side of Vanderbilt Drive, particularly at intersections to achieve continuity in pedestrian movements and aesthetics. It is noted that staff has evaluated other roadway and drainage construction techniques to accomplish the above mentioned planned improvements. An alternate design considered by staff and the Vanderbilt Beach Homeowners Association involves construction of a continuous concrete curb system along the edge of pavement of the southbound travel lane, with ex~ensive asphalt leveling to direct roadway stormwater runoff to the easterly existing roadside ditch system. Given the objective to retain existing drainage patterns and topography, the attached concept sketch (which has been endorsed by several Professional Landscape Architects) is submitted for final Board consideration and approval. FI$(~AL IMPA(~T; The cost of roadway and landscape improvements along Vanderbilt Drive shall be supported by multi-source fi~nding as tabulated below. Probable Cost Funding Res_DonsibiliF ( 1 ) Pathway construction ($48,451 ) (2) Asphaltic resurfacing ($38,200) (3) Drainage and earthwork construction ($68,000) (4) Contributory cost of'pathway as credit to (!) above ($19,340) (5) Landscape and irrigation improvements ($177,250) (6) Contributory cost of landscape improvements (in-kind material donation) as credits to (5) above (approx $110,000) Fund 3 ! 3 Reserves (Transportation) Fund 313 Reserves (Transportation) Fund 313 Reserves (Transportation) Fund 414, Project No. 73050 (Sewer Line Rehab) (Sewer Department) Fund 313 Reserves (Transportation) Mr. Todd Turrell/Vanderbilt Beach Homeowmers Association and Collier Naplescape 90's ($110,000 landscape material donation) 0 7 199; Executive Summary December 23, 1996 Page 3 · Total probable cost ,- $331,901.00 · OCPM and project contingency (10%) ,, $33,190.10 · Less Sewer Department contn'bufion - $19,340.00 · Less value of in-kind landscape materials - $110,000.00 Net Project Probable Cost = S~ (Use of Fund 313 subject to special · Board approval in lieu of using road impact fees and/or Funds 101/301) A Budget Amendment will be necessary to transfer Sewer Department funds to the sewer expense account 414-26361 !-69081, and also to utilize Fund 313 reserves and transfer $235,752 to this same Project No. 69081. GROWTH MANAGEMENT IMPA~IJ'; Not applicable. RECOMMENDATION: That the Board of County Commissioners: Authorize and direct staffto implement roadway maintenance and roadside landscaping improvements within public right-of-way along Vanderbilt Drive south of 111~ Avenue through a combination of competitive quotes and use of existing annual service/construction contracts; (2) Accept the in-kind landscape material donation by Mr. Todd Turrell/Vanderbilt Beach Homeowners Association and Collier Naplescape 90's; (3) Direct staR'to prepare an Agreement for maintenance of the landscaping improvements by the Vanderbilt Beach Homeowners Association; (4) Authorize Budget Amendments to effectuate necessary transfer of funds from Fund 313 reserves, and also for the Sewer Department cost contribution; Authorize a project budget by the Transportation Department not to exceed an amount of $235,75 !. 10 plus the necessary transfer ofutility funds (Item No. 4 above); and, (6) Condition the project plan as deemed necessary should open public discussions occur with the Vanderbilt Beach Homeowners Association. Executive Summary December 23, 1996 Page 4 ~. Pl~PARED B DATE~~ ' Office ¢t'~apital Proje~'t. s M~[gement / , Office of Capital Projects Management .' - ",' !~a I ' ~Tim clern~'~s,IDirector Wasiewater"bepanment RaymOnd W. Miller, P.E., Interim Administrator Public Works Division VAR/sedexsum21add cc: George Archibald, P.E., Director, Transportation Department Rich Heilriegel, P.E., Senior Project Manager, OCPM attachments COLLI~ CO~TY REVISION PUBLIC WORKS DE~ ENG~ERING D~ISI~ APPR~D EXECUTIVE SUMMARY AWARD A CONTRACT TO CONSTRUCT "RIVIERA COLONY UTILITY IMPROVEMENTS - IaItASE Il", BID ~)6..2S88. ~).~.~,a~..~[~:~ To request the Board of County Commissioners, 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 award a contract to the Sovereign Construction Group to construct Water/Sewer Utility Improvements, Phase II, Riviera Colony. CONSIDERATIONS: On June 4, 1996, Agenda Item (16 (lq) (3) The Board of County Commissioners, as ex-or, cio the Governing Board ¢i'ihe Collier County Water-Sewer District of Collier County Fla. awarded a Corrtract No. 96-2517 to Guymann Construction of Florida, Inc for Phase II Utilities Improvements, Riviera Colony Subdivision. On September 3, 1996, Agenda Item 8 CB) (4), the Board of County Commissioners, as ex-or, cio, The Governing Board of the Collier County Water-Sewer District of Collier County, Florida, terminated G-uymann's Contract No. 96-2517 for convenience. 3 Staff. re-advertised and accepted bids on October 23, 1996 for the same project under Bid #96-2588 Bid Invitations were sent to eighty-two (82) Contractors. Six (6) Contractors purchased plans. Bids were received from four (4) firms as shown on the attached bid tabulation. The Iow bidder was Sovereign Construction Group, with a bid of $898,301.70. Staff checked references, experience statements, bonding company, bank references, received a financial statement and obtained a Dun and Bradstreet Report and determined that Sovereign Construction Group is the lowest responsive and qualified bidder. FISCAL IMPACT: Funds are currently appropriated in the amount of $1,315,693~00 in 414.263611-73025 and 412-273511-70034 Termination costs for Contract No. 96-251 ? are currently under negotiation. ' 7 '.2.:7 Executive Surrtmn~/ P, iviern Colony Utility Improvements - Phase Pal~e 2 ~;ROWTI:! MANAGEMENT IMPACT: None RECOMMENDATION: That the Board of County Commi.~sioners, as the Governing Body of Collier County, and as ex-officio the Governing Board ofthe Collier County Water-Sewer District of Collier County, Florida award a contract to the Sovereign Construction Group in the amount of $898,301.70 pending review of contract documents for legnl sufficient.. / Office of Capital Projects Management StephEn Y. C~'nell, Dire~or Purchasing Department REVIEWED BY: ~?-~-"'/-~/-/,~ "~ Adolfo A/Gonzalez, P.E., Director Office of Capkal Projects Management Date: RaymOnd W. Miller, P.E., Interim Administrator Public Works Division cc: Tim Clemons, Director, Wastewater Department Mike Newman, Director, Water Department s ~ S'.e¢ s s S $ , ! TOT,M. sEw'[ lq Nvmb~' ef'~ S¢'~ t: S ~]~T,.~J~.if-- S .S . .S. S ~1~.0~ S .S ,,,s s~ s ..... , s_ s S ~.6'~. S S .! s ..G,~.~..t~ ~ ..... ~ s s /,S~"" ... |. .s .... s~ s S ~,~.oo S. .$ S/,?nt~c. c,o S $ .... $ S ~.~eo S ! .! s~S ...S S S. S f~4of] $ S S S S S S , S $ $ s S ,$ s · ¥ ~4tc:.. ~ o'~N"I Ce~s~i~tm~- b~. ~ I%,sa~et. L,AI A BarN.i. A~e~ r~ · Te'mel. ami ~4.,sim~ C msa'..,'t mn EXECUTIVE SUMMARY RECOMMENDATION TO RECOGNIZE AND APPROPRIATE FY 96197 ADDITIONAL CARRY FORWARD TO OPERATING FUND (131) MARCO ISLAND BEAUTIFICATION M.S.T.U. DISTRICT, FOP, CONTINUED SOD/MEDIAN LANDSCAPE REFURBISHMENT. D..~J.[~[~: To seek Board Approval for recognition and appropriation of FY 96~97 additional carry forward to Operating Fund (131). The Fund allocation is required for a continuation of removal and replacement of dead turf and the refurbishment of those affected medians with new plantings. (;:ONSIDERATIONS: In an effort to gain Board approval for Funds necessary to continue the Median Refurbishment Project on Marco Island. Staff is requesting that a new separate Purchase Order (for refurbishment only) having a separate Project Number be issued to Enviromental Care Inc. (Bid 95-2418) the current Landscape Maintenance Contractor, allowing for the continuation of this project should it proceed beyond the end of FY 96/97. The cost of $.27 per sq. ft. for sod removal and placement will remain consistent with the original contract proposal approved April 16, 1996 Agenda Item #16(B)(2). All refurbishment of plant bed areas requiting removal and/or new installation will remain on an 'as-needed per- median basis", but will be billed according to the FY 96/97 renewal contract agreement that provided for a 3.8% CPI increase, which translates to new hourly rates of $18.01 per hour for labor and $27.51 for supervision. FISCAL IMPACT: Marco Island M.S.T.U. Fund:(131) B.C.C. FY 95196: Agenda Item #16(B)(2) approved April 16, 1996 Environmental Care Inc. (Bid #95-2418): Total Additional Contract Services (approved) ...................................... $110,500.00 Total Refurbishment Ex0enditure During FY 95~96 $ :38.000.00 FY 95/96 Appropriation Balance $ 72,500.00 Funds remain available in Unrecognized Carry Forward for FY 96197. GROWTH MANAGEMENT IMPACT: None. RECOMMENDATION: That the Board of County Commissioners unanimously approve and, by authorization of the Chairman, recognize and appropriate the requested sum of $72,500.00 of the Total Additional Carry Forward for FY 96~97 to Operating Fund (131) Marco Island Beautification M.S.T.U. Additionally, to approve all budget amendments required to process the necessary purchase order needed to allow the above landscape refurbishment services to~ proceed on schedule. J , !_~.t~).~.,'~J EXECUTIVE SUMMARY MARCO ISLAND REFURBISHMENT PAGE 2 PREPARED BY: REVIEWED BY: REVIEWED BY: ~o, Engineer ~' 'DATE:'~' Transportation Dept. ~ ,DATE: George F. Archibald, P.E., Director TranN;)ortation Dept. ' ' "" Raymond W. Miller, P.E., Administrator Public Works TRANSPORTATION DEPARTMENT SFF/GFA EXECUTIVE SUMMARY RECOMMENDATION TO AWARD A CONTRACT FOR MEDIAN AND SELECTED PUBLIC AREA GROUNDS MAINTENANCE FOR THE LELY GOLF ESTATES BEAUTIFICATION M.S.T.U.; BID NO. 96-2597; TO ADVANCED LAWN & LANDSCAPING SERVICE, INC.; IN AN ANNUAL AMOUNT OF $25,670.00. J~..~[F~v_T.L~.' To award a contract for median landscape and public area grounds maintenance during Fiscal Year 96/97 for the Lely Golf Estates Beautification M.S.T.U. CONSIDERATIONR: Advertisement for bids were posted on October 21, 1996, invitations to bid were sent to fifty-five (55) vendors. A mandatory pre-bid conference was held on November 14, 1996 to insure a complete understanding of the bidding requirements by prospective bidders. Sealed bids for Bid No. 96-2597 were opened on November 27, 1996. A summary of the bids received is as follows: TOTAL BASE BID Advanced Lawn 8: Landscaping Service Rae's Greenscapes Environmental Care Michael/Todd Horticultural Industries (*)Service Master/Chemlawn S 25,670.00 S 32,309.28 S 46,094.00 S 46,333.00 S 68,265.00 S 7,876.00 NOTE.' (*) Bidder only provided bid on Ornamental & Turf Spraying. Prior to submitting this agenda item, the staff evaluation and recommendation was presented and approved by the Lely Golf Estates Beautification AdvlsoD' Committee. The scope of work for this contract consists of landscape maintenance for 91,000 square feet of median islands for the Lely Golf Estates Beautification M.S.T.U. Such includes mowing, edging, trimming and pruning, weeding, street cleaning, trash removal, traffic control, sprinkler system maintenance, fertilization, mulching of plant beds, ornamental and turf spraying and tree trimming. The Contract Documents provide that the renewal of this Contract is for two (2) one (1) year periods commencing on October 1, 1997 and terminating on September 30, 1999. In addition, the County reserves the fight to Re-Bid this Agreement prior to commencement of the second and third year renewal periods. Further, the Contract Documents provide that should it be necessary to update the specifications within this Contract during the Contract period, all changes will be done in writing with the Contract cost being negotiated with the Contract Manager and will be subject to approval by the Lely Golf Estates Beautification Advisory Committee and the Purchasing Director. Upon termination of this Contract, maintenance services shall be advertised for bid following Collier County's competitive bidding process. : 75:".',. Page 2 Executive Summary Lely Golf Estates Median Maintenance FISCAL IMPACT: Lely Golf Estates Beautification M.S.T.U. Total Operating Budget FY 96/97 ....................................................... $ 72,400.00 Fnnd: (152) Cost Center: (162541) Object Code: (634999) - Other Contractual Se~ces ................................. $ 38,000.00 Proposed: Maintenance Contract Amount ............................................. $ 25,670.00 Con~xact Incidenials Amount ................................................ $ 3,000.00 Funds remain obligated and available (as referenced above in Object Code 634999) to provide for the Proposed FY 96/97 Maintenance Contract and Contcact Incidentals. GROWTH MANAGEMENT IMPACT: None 19,ECOMMENDATION: That the Board of County Commissioners award and by authorization of the Chairman execute the contract for Median and Selected Public Area Grounds Maintenance Contract Bid No. 95-2597 for the Lely Golf Estates Beautification M.S.T.U., to Advanced Lawn & Landscaping Service, Inc., 3784 Progress Ave. Naples, FL. 34104, being the most responsive Iow bidder, for the total base bid annual amount of S25,670.00, and additionally approve a Contract Incidentals Amount of $ 3,000.00 to cover any unanticipated landscaping/labor expenses that may occur during FY 96/97. PREPARED BY: REVIEWED BY: REVIEWED BY: REVIEWED BY: Stephen F. Fabiano, Engineer I Transportation Department Step~en Camell., Director Purchasing Department R~ymond W. Miller, P.E. Public Works, Administrator G. F. Archibald, P.E., Director Transportation Department Transportation Department SFF/GFA/Attachment(s) DATE:-~Iec... I fl', J cfctG DATE: '~Z./?..o/~(p DATE: /'z./~, ~//~.~, DATE: I TabuLst{o~ for lid d~96-2597 I ~ostl~ Oi~e: ~to~r 21, 1~6 P~e 1 of 8 ~ N~ I~~1 I I'~- I I. I~SIC NAINTENAVCE ~CTI~S Area Edging Veedfng Area F~tgn SUB-TOTAL "A' (Arels 1 & 2) II. ~PARAT[ NATNTJNANCE FUNCTIONS Ft.~c~fon Fertilization (60) Unit Cost S TOTAL COSTCO. $ SUB-TOTAL "Sa Ornamental & Turf Spraying Fgnctfgn Turf Area - Insecticides Fungicides · ~erb~cfdes (6) Unit Cost Total Cost (2) Unit Cost Total Cost s//-~Y~.~ s;r/~.do s./~-~.~o s$,M~0o s//;~,o~ s?~'~.~ s .~/6.oo s $~o.~o s I~/.:~ s ~-c~.~o s~.o~ $/~'~ ~ SUgTOTAL "Ct' MuLching of PLant Beds ~ , o. ~o , ~/0&'~ ,._ICJ__ , ~'°° ' /' ~° ......,_E~. AppLication (1600) Untt Cost _ ,,,- -- PaLm Tree TrtnTning function S~_~.~ c,~.,, a~.~, c~s. u. ttco, t s tS,~o ... s I~oo s_ ~o s/~.oo s /~.0o.. Canon Tree Trtmtng Itlck OLive, Tabel~tiC3)Untt Cost Total Cost Trin~tng & P~tng ~r Shr~, Pl~, Trees, Or~ta~ Grasses Total Cost s ~-~.~ s~ s t~.Zoo s Soo.o°_ Ol~ln~ Date: lloYIM)er 27, 1996 I TabuLation for Bid ~6-~.597 I MLIty Go~f Estates Ro~ Gr~ Nalnt~~eN lo. of I~1rt~ S~t: 55 I P~ti~ Date: 2t~r 21, 1~6 P~oe 3 of 8 I~ ' I I I I ' I '- -~ SUMHAR¥ OF ANNOAL COSTS #atnC. F~rct(of~ (S~btotmt#M'x 12 Ho.) Total Cost (S~btotlL 'in) Total Cost Sprlyt~CS~totlLNCfi) TotlL Cost Hutchtng of Ptlflt B~s Total Cost Tree Trt~tng Tocat Cost Trim~ & Prying for Arels 11~ ~ Totl~ Cost Hours Per Week #axJflua Z~l contract term p~tce increase ~.~' ~ Haxi~u~ 3rd contrlCt term price increase _ ~.~ ~ A. GENERAL SERVICE5 Labor Per man-hour S g,~O. O0 S ~).O0 #tn(u 1,000 gltt~ tl~ tratter/tr~k s l~'.oo s ~.,o s ~o.~o s I;.~-~... s ;%. so . $ ,~'.c~ s 35'..0 s ;$. r, I. P~ANT~#G SERVICES 1. ~ (Per Sq. Foot) Shred Cypress mark, Grd PA", 2" depth E~:atypcus, Grmde "A", 2" depth )tne Strew, 3" ftuffed depth Washed Shear, $" depth O.BE 0.~o _ o.5~ ,_o.s'1 I TobJtotion for lid ~96-259T Opening Dote: IIovedxt 27, I~ ~Lety Go~f Es~lces Ro~iy Gr~s HiJnt~Kefl No. of [~lrJes S~: SS Posct~ Dice: ~co~r 21, 1~6 Poge & of 8 I~ ~ ~ ~ , , , , ll1~al, lmpatIe~cs, P~tas, S~f[Mr CEich) 1 Gl~t~ C~ClI~r CEICh) African ir~s C~t(e Day LiLy, evergreen F( G~ Grlss Lirt~ 'Evergreen GtInC' Spide~ Lily CocopL~ ~Hor~zonrlL Coonc(e Fl~i~lcchee Grlss Ilex 'SchelLings J~l~r 'Parson~f' Sp~der LiLy Wlx~rtte $lw PlLmcto $ll Oats StLver lutt~wo~ St~ Sto~r Vir~oltK Pittos~r~ QlLcer's Y~ru · ?..S-o J Opening Oster Ilovefl*xr 27, 1996 I Tabutatlon for lid f96-2597 No. of l~fr~e~ S~t: 5S j n~ety Gotf Estates Ro~Y Gr~ Hi~flt~e' PoSe S of S I "~'" ~ ~ [ / ::::::::::::::::::::::::::: .................... . -~ S "~. O0 d. 1~I Gallon Co~tatner (Each) lotttebrush 'Red Cluster' car~lboard PaLm Catttey Guava Crap~ ~tng Sage Ltgustru~ SI~ St~on var~gat~Plt~os~ }O G~Tton ~onTaine~ Crl~ Myrtle Dahoon HoLly HO~Ty 'East Palotk8' K~ T~atch PaLm Lig~tt~ L~Ye Oak t~Nap~e Orange Geiger SLash Pine ~ax ~tte IottLebrus~ 'R~ CLuster' Olho~ HoLLy HoLly 'East Pl~iC~l~ s ~.~ s ~o.~ s ..~.~. s .%"b.cr. s ~'6.cros s ~..~:)., s &e'~ .... s ~o .da s s...("o. (r~s.~O.~ s .S'"c).~ s ~;~.~ ULety GoLf Estites Ro~oY Gr~s Niinte~en No. of l~Srles Sent: SS J Pige 6 of 8 I ¢. so0 SERVICES (Per Sq. Foot) Removal of existing sod/weeds with sod cutter or by hind and prepsre soil/ares to tho pro~sed finished grade suitable for mw sod (ZncL~es oH herbicide treatment & ell Landfill tt~ing fees) O. ~o0/TURF GRASSES OeLtvered, Off Loaded, Fine graded for sod, La~d in place, rolled and trim edges es necessary: ~ A~st~ne 1. Ftoratam: Huck grcrd~ Cper SO0 sq. ft. pallet) Sand gro~n (per 400 sq. ft. pal[et) 2. Palmetto: Muck gro~r~ cper 500 sq. ft. pa[Let) Sand gro~ Cper &O0 sq. ~t. pallet) $. litter leack gro~ Cper 500 sq. ft. pallet) Send gre~ (per &O0 sq. ft. pal[et) s i~o.eo, sa~ $ lb~.~ s I r~o.~ Opeflfflg Date: IIoveaber 27, 1996 Ta~tutlo~ for Bid ~-2S97 GoLf Estltet Ro~iy Or~ Ha~nt~en No. of I~r~ S~t: SS ' ~t,~' . ................................... ::::::::::::::::::::::::::::::::::: Imh|a 1, Argeflttrw: Sand grown (per &O0 sq. ft. peLLet) (Peters 20-20-20 mt 12.S Lbo./300 guts of wmter with Ferrome¢ AC 1)-0-0 pL~ 62 xr~ m~ 1 gmt./30o gz~s o+ Turf Cper Iq. foot) PLmnting Beds (per sq. foot) F. LANDSCAPE MATNTENANCE SERVICES Unit prices iflctude ItL supervis(ofl ttnm required to provide the services. Function Mowing & Edging (per sq. foot) Weeding CHmnd removml & hand sprayed herbicide) CPer sq. foot) s .oJC~ s '°'~ s · 0~. · '/~' Pruning-Per Sectiofl D (Removmt & DeLivery s .~..t)~ s ' 02- s ~$' aa Fert(lizut(ofl (Libor for broedcmstJng SO Lb. bog) CPer mmg) s,/?.~'o s ~ oo s ~Jtch AppLication CLobor for Ij~iy~flg 2 cu. foot I~gs) CPer leg) s TabJtatton for Bid ~96-2597 Opeflfng Dire: Ilovedxr ~7, 1~6 I I ~,~ I~ n I ~ I~ I ~' I g~~ tlndiClpI itel· to on-lite coil·liners) Trivet Time CPlr #o~r) S c~,4~ Labor Per Person CPer Tr~ck C)~rator (CLass ~USCONTRACTOR'S TO BE USED Spraying Phone Copy of current LsndSClpe List o~ ~rojects atmtisr in scope uork (attached) Prc~pt Payment 7er~s: A d(:lencla Acknowt eclged =No Bids" received fr~: __I~Ye$__No~es~No .__~/~ea __No j~es ._No .__~.__O,y, _._%__U,~ NeC .M'~E~.DIyS Net.$OOays __Yes MNo~Ye$ ~No __v/YYes __NO __C~Yes __Ilo I~Yes ._,No ._~sIlo__ -- ~Yes__Xo .__'/'v.a...no ~es._.No __~ves__.o Net ~,oOays Net ~)o Days Net '"~C~)Oays Net''~lC) Oays --Yes --No __Yes __No __Yes -No __Yes __ldo Cheryl Gentry, PurchlslnQ TechnicT~n ~,.ECOIq~RND~,TIOH THAT TKB BOXY,.D SIP COUNTY COHI(3:BOIOHBRS &WARD PARK BYSTBH. ObJeotive: To have the Board of County Commissioners awa~d Bid $96-2595 relative to repairs to irrigation systems within the Collier County park system. ctober 14, 1996, posting occurred relative to Consideration: On 0 . . - ..... ~ -4xtv-nine vendors date. The scope oz servxce as ~uL .~-~ the lines, fittings, sprinklers, etc. which occur within course of a year within the Collier County park system. The lowest responsive vendor is Aqua-Matic Irrigation Systems, Inc. of Naples, Florida. A tabulation sheet is attached for your review. Growth Management: None Fiscal Impact: Monies for irrigation repairs are available in FY 96/97 Budget under the General Fund Parks and Other Properties Account, 001-156332. Recommendation: Staff is recommending that the Board of County Commissioners award Bid $96-2595 to Aqua-Matic Irrigation Systems, Inc. of Naples, Florida.. Prepared by:_ Gary Franco~ Parks Superintendent Depar~ent,Of Parks and Recreation Reviewed by: ~ki~ C~mp, Actin~ Dire Department of Parks and Recreation Reviewed by: ~~ ~teve-Carne , Director Department of Purchasing ~homa~ W~ Olliff,-~q~inistrator Division of Public~Jervices Date Da Date \~,L'~.~ 17832 TABULATION FOR BID #96-2595 POSTING DATE: October 14, 1996 "Repairs to Irrigation Systems within the Collier County Park System # INVITATIONS SENT TO: 69 Vendors OPENING DATE: November 27, 1996 VENDORNAME Il'~t~D~:$~°~ ~ j=i,~.~6~Tloe'~ I Hourly Labor Rate-Naples ,~0 f~O ~ O · ~ Unit Price/hr. $ · ~D $ , ~ $ Hourly Labor Rate.Marco Island Unit Price,q~r. Hourly Labor Ratc.lmmokalee Unit Price/hr. ~umber of hours round ~p from bidders Naples Number of hours round ~p from bidders location to Marco Island Number of hours round mip from bidders location to Immokalee Response time aRer receipt of order (normal service) Are you able to respond within sixty (60) minutes ora call for emergency repairs? s s caoo o s s S -~0.~:~ S ~o.~ S 3o.OO S hours ,V~, hours · ~' hours hours J ,Y~. hours /. ~'hours ho.,, I;'; hours - J~)'es , .no .Yes ~,?o /~eS__rlO [lOtUS hours hours yes__no Prompt Payrnent Terms: Addenda Acknowledged: % ~da)'s ,,.% days Net ~'C), days Net :~ days ~,,'ss __No ..... x~s ._?o , ,% ~days % ,days Net ~. days Net ,. days .__~s ._.?o . ,/'Es __so Cl~l[e Oss~ PurCbasing~'ecfftf~cian "No Bids" received from: Michaet'Todd, Inc.; Missimer International -Agenda Item No... l JAN 0 7 Ob~ectivsz To have the Board of County Commissioners approve an addendum to the Conceptual Approval Agreement for grant monies associated with the development of Sugden Regional Park. Consideration= On.March 26, 1996 the Board of County Commissioners and Florida Communities Trust, an internal agency within the Department of Communities Affairs, State of Florida, approved a Conceptual Agreement for grant monies associated with the development of Sugden Regional Park. Collier County has applied for and by execution of this Addendum been granted a time extension for said project. This extension is necessary for the finalization of the site master plan. In every respect, this amendment is to be construed and applied as though the parties had both signed it before November 8, 1996. This extension is extended until May 8, 1997. Growth Management= None Fiscal Impact= None Rscommen~ation= Staff is recommending that the Board of County Commissioners authorize the addendum to the Conceptual Approval Agreement for Sugden Regional Park. Prepared by: Gary Fr.~Wo, Parks Superin=endent Department of Parks and Recreation Reviewed by: Department of Parks and Recreation Thomas W. Olli~L--Administrator Division of Public Services DateJ~j_~_~.~ 17842 Agenda. ~t_e~_ % NO.~ JAN 0 Pg' ! -- CONTRACT # FLOR]DA CO~TI~S TRUST P56 AWARD #95-017-P56 ADDENDUM I TO CONCEPTUAL APPROVAL AGREEMENT THIS ADDENDUM I to the Concept~ Approval Agreemer~ is entered into by and between the FLORIDA cO~S TRUST ("FCT"), a nom'egulatory ,gency within the State of Florida Department of Community Affairs, and COLLIER COUNTY ("FCT Recipiem"), this ... day of ,199_. WHEREAS, the parties hereto entered into a Conceptual Approval Agreement which sets forth the conditions of conceptual approval that must be rmtisfied by FCT Recipient prior to the receipt of the FCT Preservation 2000 award and the restrictions ',hat are imposed on the Project Site subsequent to its acquisition with the FCT Preservation 2000 award; WHEREAS, the Conceptual Approval Agreement was amended by ADDENDUM I to remove the contingent funding clause; WHEREAS, the initial term of the Conceptual Approval Agreement expires November 8, 1996~ WHEREAS, the FCT Recipient in accordance with GENERAL CONDITIONS paragraph 3 of the Conceptual Approval Agreement and in compliance with Rule 9K-4.010(2)(k), FA.C, has timely submitted to FCT a written request for extension of the November 8, 1996, deadline; WHEREAS, GENERAL CONDITIONS paragraph 14 of the Conceptual Approval Agreement states that the agreement may be amended at any time prior to FCT giving final project plan approval to the FCT Recipient. Any agreement must be set forth in a written instrument and agreed to by both the FCT Recipient and FCT; WHEREAS, the parties hereto desire to ex-tend the term of the Conceptual Approval Agreement as provided by Rule 9K-4.010(2)(k), F.A.C.; NOW THEREFORE, the FCT and FCT RECIPIENT mutually agree as follows: 1. Notwithstanding the language of Section I. GENERAL CONDITIONS, paragraph 3. and p~agraph 14., the parties hereby agree to revive it nunc pro tunc as though it had not lapsed in accordance with varagraph 3. 2. In every respec% this amendment is to be construed and applied as though the parties had both signed it before November $, 1996. ADDI~95-017-P56 10-30-96 3. The Conceptual Approval Agreement by and between FCT and FCT Recipient is hereby extended until May 8, 1997. 4. The date of execution ofthis addendum shall be the date that the last party signs this addendum. THIS ADDENDUM I TO CONCEPTUAL APPROVAL A~, the CONCEPTUAL APPROVAL AGREEMENT and its Exhibits "A", "B", and "C" embody the entire Agreement between the parties. IN WITNESS WHEREOF, the parties hereto have duly executed this ADDENDUM I TO CONCEPTUAL APPROVAL AGI~F~MENT. SOA~D OF COUNTY CCm~ISSIONESS COLLIER COUNTY, FLORIDA FLOKIDA COMMUNITIES TKUST By: By: lames F. Murley, Chair Title: Chairman Date: Date: Accepted as to Form and Legal Suffcien~': A~sistant County Attorney Accepted as to Form and Legal Sufficiency: Ann J. Wild, Trust Counsel Date: ADD]' )5-017-P56 10-30-96 EXECUTIVE SUMMARY RECOMMENDATION THAT THE BOARD OF COUNTY COMMISSIONERS REJECT RFP NO. 96.248:l FOR GRANT APPLICATION SERVICES. Objective: To have the Board rej RFP No. 96.2482 for Grant Application Settees. Considerations: On lanuary 24, 1996, the County published an RFP (#96.2482) for Ca'ant Application Services. This would have secured a consultant that would pursue ~'ants for the Parks and Recreation Department. Sealed proposals were opened on March 1, 1996 with one firm responding (Planning and Financing Consulting Services). Staff. considers the fees proposed by the consultant to be excessive. Recently, staff has received information from the Florida Counties Foundation, an adjunct of the Florida Association of Counties that provides similar services, It may also be possible to piggyback contracts with other counties. These alternatives are currently being explored by staff.. Growth management: None Fiscal Impact: None Recommendation: That the Board of County Commissioners reject bid No. 96-2482 for Grant Application Service~. 'ect staff'to continue to explore alternative resources. Prepared by ~ ~'"~ Date: /~" ~'-'"?~' G~rv F,j~n~o, Parks Superintendent Del~arimen! of Parks and Recreation Reviewed by: :~~/'~'! · Skip Camp, Acting Director Department of Parks and Recreation Date: Reviewed by: Reviewed by: Steve Carnell, Director Purchasing Department Th0r~as-W. Olli--ff~-~ministrator Division of Public Services Date: Date: P. ZCC)ZOLEND&TZOH THAT ~ BOARD OF COI~F2qY CC))fl(ZBBZONZR8 AWZLRD THE COHTRAC~T 'ZO ZIq'B?AZ, L X POOL BLZDB &T ~ GOLDEN GAT~ AQUXTZC COMPLEX TO V~NDERBZLT BAY CONBTRUCTZON ZNC. Objective= To award Work Order %VB17 (under Contract 95-2334) to Vanderbilt Bay Construction Inc. to install a pool slide at the Golden Gate Aquatic Complex. Consi~srations= The Board of County Commissioners have previously approved the installation of a second slide at the Golden Gate Aquatic Facility. On December 16, 1996, two (2) proposals were received for the installation of the slide (see attached Proposal Tabulation sheet). The apparent low Proposal was submitted by Vanderbilt Bay Construction Inc. with a total price of $63,191. This price includes installation of the slide at $58,711 and an alternate price for repainting the stairs and cleaning the existing slide of $4,480. Fiscal Impact= Total project cost is $63,191 (see attached cost breakdown). Funds to cover the cost of this installation are in Fund 345 Regional Park Impact Fees, Project #80044. Growth Management impact= The Golden Gate Aquatic Complex is inventoried in the County's Growth Management Plan. Recommen~ation~ Staff recommends that the Board award the contract to install the slide at the Golden Gate Aquatic Complex to Vanderbilt Bay Construction Inc. and authorize the Chairman to sign an agreement with Vanderbilt Bay Construction Inc. after review and approval by the County Attorney's Office. Nurdo Smith, Operations Manager Depa~ment of Parks and Recreation Reviewed by: s~-ip-ca~p, Acting Director Department of Parks and Recreation ~arne11, Director Department of Purchasing Tha~'~rW. Ol1[~, Administrator Division of ~ic Se~ices Date: 17881 JAN 0 ? 1997 Pg' I -- DIVISION OF SUPPOKT SERVICES ))01 £. TYdVIIA~fl NAPLES, FL 94112 (941) 774.8)80 FAX (941) A C~I"'~qlD BtU! CI(L~ ¢O)~f~ .'.'.'N*"'~' December 15, 1996 Vanderbilt Bay Con~. Inc, Wm. I. V~a.n Const Co, Surety. Const. Co. Chris-Tel Const. Co, Subje~: Proposals for the purch~e a.nd i~tallation ora pool slide at the Gold~ Gate Recreation Center. The results for the above mentioned project were ms follows: CONTRACTOR BASE BID ALT #1 ALT #2 TOTAL Vanderbilt Bay $58,711.00 4,41)0.00 S63,191.00 Wm. $, Va,-i. an S 61,$00.00 4,0S0.00 S65.$$0.00 Surety Cons~. NO BID Chris-Tel NO BID Vanderbilt Bay appears to be the lowest proposal. Thank you for your interest in this proje~. CrognaIe WOI~: OI~DER J VB-17 Contract d9502334, dated Hatch 28, ~99S This Work Order is for general contracting services, subject to the terms and conditions of the contract referenced above, for Work known as: pROJECT: Purchase and Installation of Pool Slide for the Golden Gate Aquatic Center. The work is specified in ~he proposal dated December 16, 1996 from Vanderbilt Bay Construction, Inc., which is attached hereto and made apart of this Work Order. In accordance with Terms and Conditions of the Agreement referenced above, Work Order ~v~-17 is assigned to Vanderbilt Bay Constr%~c~ion Inc. Scope of Work: The contractor shall supply all necessary permits, supervision, equipment, material and labor needed to complete the scope of ~crk for this project as follows: 1. Four s~;s of shop drawings sealed by a Florida engineer. 2. One (1) 321 diameter Aqua Tube fiberglass flute including fiberglass start section and pool entry section, approximately 91.85 ft. ' 3. support columns, arms & yokes with all necessary nuts, bolts and washers. All steel to be hot dipped galvanized. 4. All fiberglass sections to be factory pre-drilled to decrease on site installation time. All Joint hardware to be stainless steel. Joint sealant is poly%/rethane non-shrink compound. 5. Piping only provided to hock-up to existing pump providing 400 gpm to the new slide. 6. Initial cleaning and waxing in accordance with engineering drawings. 7. Fine tuning, ~esting and safety certification %~ill be provided without additional charge, only if the slide is ready for operation during installation period. Alternate Pl A. Clean rust spots from existing treads, riser~ and landings and apply a painted non-skid coating. B. Clean and wax the existing slide. Schedule of work: complete within 21Cai.days. from delivery of slide from the manufacturer. Li_=uidating Dama~esA will be assessed at the rata cf $75.00 per calendar day beyond the completion da~e. ~ Since the project will be less than 30 days in dura=ion and there will be only one (1) final payment made, a bond will not be required. T~mpensatio~: In accordance with Item 3 of the Agreement, County will compensate the Firm in accordance with the negotiated lump sum a=ount provided in the schedule below. Base Price Alternate #1 TOTAL FEE $58,711.00 ,4,4~0,00 $63,191.00 Agenda Work Order VB-17 (cont.) Page 2 Any change made subsequent to final department approval will be considered an additional service and charged according to an executed Change Order as enumerated in Exhibit D of the Agreement. REVIEWED BY: Director Date ATTEST: Dwight E. Brock, Clerk Deputy Clerk Date BOARD OF COUNTY COMMISSIONERS Collier CoUnty, Florida , Chairman Vanderbilt Bay Construction inc. contractor ATTEST: (Corporate Secretary) By: $£gna=ure By: Typed Name and Title (or) wi:messes (2) Signature (Print Name) (~) si'gna:ure (Print Name) Approved as to Form and Legal Sufficiency: Michael W. Petrie Assistant County At=orney JAN 0 7 1997 EXECUTIVE SUMMARY RECOMMENDATION THAT THE BOARD OF COUNTY COMMI$1SIOERS APPROVE EMERGENCY ROOF REPAIRS TO THE GOLDEN GATE PARK ADMINISTRATION BUILDING. Objective: To have the Board approve emergency roof repairs to the Golden Gate Park Administration Building. Considerations: During a recent storm multiple leaks were detected in the roof and entry way at the Golden Gate Park Administration Building, During the storm (heavy down pour), ceiling tiles failed within offices located at the north side of the building. An inspection by the County's on contract vendor (Contract ~96-2488) and a representative of the Facilities Management Department found ten inch holes on the westside entryway decking and gutter straps that have failed. A detailed report is attached for review. Fiscal Impact: The cost of this emergency repair is $2377. Funds would be transferred from General Fund Reserves to the Parks and Recreation Administration budget. Growth Management Impact: None, Recommendation: That the Board approve the emergency roof repairs at the Golden Gate Park Administration Building as addressed within this summary along with the necessary budget amendments. Prepared by: ., Date: Gary Frando//~rks Manager Departmenfof Parks and Recreation Reviewed by: .~l Date: Skip Camp, Acting Director Department of Parks and Recreation Th'c~ a[~ .--Olliff,-J~]inini st rat or Division of Public Services Reviewed by: Date: 11:42 FAC 31~3IT/?URCR TEL:I-$41-'95'3'95 P, 002 Road, Fort/?~, l:lo,c:, 3391 Conler County Facilities Managemem 3301 Ta.,uiami Trail East Naples, Florida 34112 Aim: Ivlt. Jack Crognale Roof Repairs: Sama Barbara Recreation Park Administrative Center Building Dear Mr. Crognale. An inspection was made of'the facility above to determine the source of'leaks and the remedial work to be completed. The immediate,problems are at the gu~.ter maps and the flashing at the westside entryway. There ate some secondary problems in the laps ortho gutters due to openings. It was also noted t~t the down drains ate not sufficient for the volume of'water that will come offthe roofs. The straps have been attached to the metal roof with a sheet metal fastener. The fasteners have now become wick penetrations allowing water to intrude the building. As a conseque.~ce there has been sever leaking along the northside of the building in the paper supply area and in Skip Camp's office. Other leaks have been previously repaired and the source is the same strap fasteners. It is recommended that the f'ameners be a new neoprene washer and stairJess ~eel fa~ener replace the existing. The fasteners would be coated with a urethane elastomeric cement to prevent the reoccurrence of the problem which now exists. Wcstside Entrance: At the rear of the building, the enrryway decking and roof membrane ate in need of'complete replacement. The plywood deck has rotted and collapsed as a result of ~,~et int,'usion. The roof covering membrane is completely worn. The r~medies for this roof are quite apparent, the rotted wood deck has to be replaced and a new base sheet and cap sheet installed. l~scellaneous:- C-uH er The gutt~ sections are broken on the laps and gutter s'traps are broken away from the gutter.. The gutters have also slipped From behind the eave metal. The number ofdov,~pouts for the volume of water coming off of the wofis insufficient. There should be a mirfimum offK'ei' -~encl.a. Lt~.~ - downspouts on each side and there are only three. [ ~ .lAN l:t. ~ (9411337.1600 NopTes (941} 2~3.6161 I'ort Chodowe (9411764-c803 [ PO. ~ _ Fox { 9411332.0~/39 Toll free 1.8::)0-741-3114 £ R 0 W ~ l.i, F. R~ Roof Check' Price to Complete: The work described above will be completed t'or the following prices: 1. Replacing Deck 8: Reroo£mg Entryway. .......................... $ 2. Repairing or repla~'L~g gutter strap t'astcncrs .................... $ 3. Installing 4 addifion~ downspouts ................................... S 520 00 4. Repairing gutter laps ........................................................ $ 330.00 Items I & 9.?. above we ofthe top prio,'itT since water does intrude the building as a resalx of these conditions where~ 3 and 4 are not. Does this work qu~f?, underneath the "Emergency Roof' repair P.O. If not ~y ,euture considenttion wLU be appreciated. Sincerely, --Edward C. Melone Sales & Roof Inspection cc: Skip Camp. Fax (9411 .~32.0~39 Toff Free 1.1:~0-741.'~114 ./AN 7 Pg.~ EXECUTIVE SUMMARY REQUEST BOARD OF COUNTY COMMISSIONERS APPROVAL OF A CERTWICATE OF PUBLIC CONVENIENCE AND NECESSITY FOR THE COLLIER COUNTY EMERGENCY MEDICAL SERVICES DEPARTMENT. ~,~: To attain the Board of County Commissioners approval of the Certificate of Public Convenience and Necessity for the Collier County Emergency Medical Services Department and authorize the Chairman to execute the same. (~ONSIDERATION. i Pursuant to Collier County Ordinance No. 81-75, the attached certificate and accompanying documentation are for your review. This process is routine in nature and submitted annually. FISCAL IMPACT: Pursuant to Collier County Ordinance No. 81-75, an annual renewal fee of $250.00 is to be paid. Funds are available in Fund (490) 144610-649010 for this purpose. GROWTH MANAGEMENT IMPACT: None RECOMMENDATION: That the Board of County Commissioners approve the ~ertificate of public Convenience and Necessity for the Collier County Emergency Medical Services Department and authorize the Chairman to execute the same PREPARED BY: ~:i'. DATE: ' '~/,'/~l. Diane B. Flagg, D~rector Emergency Services Department APPROVED BY: --~-~- ~'¢ ~--?-' ~, ', ~ Leo Ochs, 3r.~ Adminis~'a~r Support,:~rvices Division DATE: JAN 0 7. 1997 Pg'- ~ 84:84 8X37754454 C~U.~E~E]~"RSi~V PA(;[ 8! W. Nd] Do~, County IrROM: D~ne B. Flag~. Director £mergency Services Dcpa~ment DATE: D~:~.r ~, 199~ Cerdficate of Corrvenience emi Necessity for Collier County Emergency Mcdi~ Services Dep~ment Per Collier County Ordinance Number $1.75, please accept the followlng i~ormation for renewal of'this required certificate: 1. Collier County £mergency Medical Services Department is operated by the County's Board of'County Commissioners located at: 3301 E. Tami·mi Trail, Bldg. F Naples, Florida 34120 Collier County Emergency Medical Services Department provMes service to the 2,032 square mile~ encompassing Collier County. Coil;er County Emergency Medical Services Department has twenty (20) licensed patient transport vehicles ay·liable. Nin~een (19) of'these are ground trinspon vehicles. One (1) is a medevac helicopter. Fourteen (14) of the ground transport vehicles and the helicopter are staffed 24 hours a day, seven days a week One (1) 8round transport vehicle operates 12 hours · day, seven days a week The remaining ~ound transport vehicles are in reserve. (Attachment A) 4. Collier County Emerge~y Medical Services Department hu one main office and thirteen (! 3) ~ub~tations located throughout Collier County at the following locatioN. Headquarters 3301 E. Tamiami Trail Napres. Florida Station #1 349 8a Stree~ North Naples, Florida Station #2 $00 Terminal Drive Naples, Florida Station #3 776 Vanderbilt Beach Rd. Naples, Florida Station #4 1280 San Marco Road Marco Island, FL Station #5 4741 Golden Gate Pkw~ Naplcs, Florida Station #6 101 S. First Street ]mmol~.~e, FL Station #8 2065 Pine lt]dge Road Naples, Florida Station #9 11121 E. Ttmiami Trail Naples, Florida Station # I 0 7010 lmmokaleo Road Naples, Florida Station #11 201 Buckner Avenue Everglades City, FL Station #l 2 13240 Immoketee Road Naples, Florida Station #14 7227 Isle or'Capri Road Naples, Florida Station mi S 977 26th Avenue North Naples, Florid& JAN 7 1997 I es. -"<.- Collier County Emergency Medical Services Department has been licensed and certified to provide Advanced Lite Support ambulance service in Collier County since April 6, 1981. Three (3) Collier County residents to act as references: Bob Laird Mike Davis Rhona Saunders 1765 Courtyard Way 8120 18'h Avenue S.W. 3770 Parkview Way Naples, Florida 33962 Naples, Florida 34120 Naples, FL 33940 10. Collier County Emergency Medical Services Department schedule of service fees. (Attachment B) Other information required by the Administrator. (Attachment C) Renewal tee of $250.00. By journal entry of an interfund transfer from Fund 490- 144610-649010 to Fund 490.144610-366900. Collier County Emergency Medical Services Depanmen! financial statement. Available in Collier County's Finance Department. DBF/bb Attachments JRH 0 7 19'"J'r'l ATTACH3,1ENT "A" COLLIER COUNTY EMERGENCY MEDICAL SERVICES DEPARTMENT PATIENT TRANSPORT VEHICLES I~INIT # 1 2 3 4 6 ? 8 9 10. II 12 14 15 16 17 18 19 20 ~;ERIAL NUMBER yEAI~ IFDKE30M6PH~-I6134 1993 IFDKE30MOPl'IB88010 1993 IFDKE30MORFIB? 1470 1994 IFV3GFBC6$L6 ! 171 ! 1995 IFV3GFBCSTL?84972 1996 IFDKE30M IMFIB03641 1991 IFDKE30M9?I-IB92251 1993 1FDKE30M2MHB06208 1996 1FDKE30MX3/lY[Bo6218 1996 1FDKE30M4MHBO?957 1996 1FDKE30M?M]-IB0364-1 199 I IFDKE30M9PHB88653 1993 IFV3GFBCSSL611"/16 1995 IFV3 GFBCOSL611 "/{)5 1995 I F'DKE 30M6Ml-iB{)3649 1991 IFV3 GFBC3 SL6117{}! 1995 IFV3GFBC4SL611"/1o 1995 IFV3GFBCgTL599989 1996 l FV3 GF'BCSTL59')9o 1996 FORD E-350 FORD E.350 FORD E-SS0 FREIGHTLINER FL.60 FREIGHTLINER FL-60 FORD E-3S0 FORD E.3S0 F1ZEIGHTLINER FL-60 FREIGHTLINER FL60 FREIGHTLINER FL60 FORD E.3.$O FORD E-350 FREIGHTLINER FL4',o FREIGHTLINER FL-6O FORD E-35o FREIGHTLIN~ER FL-60 FRE1GHTLINER FL-60 FREIGFITLINER FL..6o FRE1GHTLINER FL.60 COLOR SCHEME WHITE/ORANGE STRIPE WHITE/ORANGE STRIPE WHITE/ORANGE STRIPE WHITE/ORANGE SI'RIPE WHTrE/ORANGE STRIPE WHITE/ORANGE STEIPE WHITE/ORANGE STRIPE WHITE/ORANGE STRIPE WHITE/ORANGE STRIPE WHITE/ORANGE STRIPE WI:ITE/ORANGE STRIPE WHITE/ORANGE STRIPE WHITE/ORANGE STRIPE WHITE/ORANGE STRIPE WHITE/ORANGE STRIPE WHITE/ORANGE STRIPE WHITE/ORANGE STRIPE WHITE/ORANGE STRIPE WH1TE/ORAGN'E STRIPE IESOL1;~IOH ~0, ti - .303 RESOLUTION XYPRO?ING USER FEES FOR COLLIER COUlqTY XKBULAHCI /ERYZCES ~SU~ TO COLLIER CO~Y O~ZH~B NO. 96 - 36 r ~PT~H~ BZ~Z~ ~D ~OLLE~ZO~ PR~EDURE; ~ROVIDZN~ ~U~T~E ~S, Collier County ~ergency Hedical (hereinafter sometimes referred ~o as "~S") provides a~ulance services to ~he residents and visitors of Collier County; and ~H~S, the Collier County ~S opera,lng budge~ ~s funded exclusively ~hrough ad valorem taxes and user fees~ and ~S, Collier County staff annl~s~s o~ ~ho cos~ for a~ulance services requires an adjustment to the user fees to properly ~den~fy current cosks o~ services to the residents and v~s~ors of Collier County; and ~S, Collier County Ordinance 96 - 3~ provides ~ha~ ~he user fees for a~ula~ce services nay be established by Resolution o~ khe Board o~ County Co~ss~oners (hereinafter sometimes re~erred to as *'~he NOW, THEREFORE, BE IT RESOLVED BY THE BO~D OF COUNTY CO~ISSIONERS OF COLLIER COUNTY, FLORIDA that: SECTION ONE: r~S USER FEES Ao C. COPIES OF DOCUmENTS/PER PAGE EXCLUDING GOVERNMENTAL AGENCIES) D. INTEREST ON PAST DUE ACCOUNTS SECTION TWO~ BILLINO ~ND COLLECTION PROCEDURE F/~S AR~ULANCE TRANSPORT BASE RATE $302 SPECIAL EVENTS: - TWO (2) MEDICS/ONE VEHICLE (PER HOUR) $ 75 - ONE (1) MEDIC/NO VEHICLE (PER HOUR) $ 40 1% 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 .. I A~d~MOA, IT£M / subseguent to time of service, shall be reflecte~ in an ,==out=,JAN 0 7399 Parc l or ~ receivable subsidiary ledger system to be maintained by the Revenue Services Department, B. ~n in£tial bill for a~bulence services shall be processed in the following =anner within thirty (30) days e£tar 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 Hadicars ass£qnment, aa a participating provider, and will wait no less than 45 days for pa~nsnt if Medicare or another insurance carrier is billed. If the claim is denied, a bill will be sent to the saz~ica recipient or responsible party. R. The County will also send s bill to Medicaid and accept assignment if appropriate insurance information i~ 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 payment 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 ambulance service(a) 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 da~a afte~ ~A~. ~ billing third party or Medicare, 60 days afteI billing Medicaid and 30 days after billinI JAN 7 1997 responsible party or service recipient). I~g. contact for billing and collection accordance with all applicable laws. G. Throughout the fiscal year, b. Thirty {30) days) after the first past due notice Is sent, a second past due notice will be sent. c. After · ten (10) day grace period, ~he account yell be sent to the ¢ounty"e contracted collection agency. C. Interest will be assessed at It per lonth on all accounts that ire either sent to the County's contracted collection agency or sat up for · payment plan (excluding 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 payment plan will be $2$/month. Should the service recipient or responsible party at any time fail to meet the terms and conditions of the pa~ent plan, the unpaid balance shall be administered in accordance with Section B.3 above. £. ~hen 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 Department shall make a reasonable effort to ascertain the correct ~ailinq address. If reasonable efforts to ascertain a correct address fall, the account(s) may be considered for other collection alternatives. Nothing contained in this section shall reasonable telephone or other appropriate purposes, in 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 ! efforts at collection have proven unsuccessful, remove, theae past due accounts from active accounta rsceivabl~ in accordance with generally accepted accounting procedurea and purauant to law by Rsaolution, The relieving shal~ be minimum guidelines rot adjustments of ambulance service feed. Other adJuatmenta Irt authorized by the Board of County Conniazionare in accordance w~th criteria established by the enabling Ordinance. A. ~edicare a~d ~ed~caid Contractual adJust=enks under Bad,care and Hed~ca~d ass~q~en2 ~11 ~e nade ~n accordance ~th applicable ~les and B. ~ictim~s Compensation Contractual Ad~ustme~2s Con~ractual adjustments will be ~adl ~n accordance with applicable rules and regula~ions. SECTION FO~I WAIVER OF ~S USER FEE Pursuant 2o Ordinance No. 96- 36 , a~d from tho da2e of this Resolution, user fees for ~S ambulance stand-by services for the following co.unity special events shall be waived as the Board fin~s the2 a valid public purpose is hereby es~ablished in reco~nition of their charitable con2rlbu=ions ~o the Co.unity= (1) Collier County Fair; (2) Everglades Seafood Festival; (3) Senior PGA; and (4) Nuveen Masters. Fees for other co.unity special events may be waived in accordance w~th crl2erta established by the enabling Ordina~ce. SECTION FIVE~ ~SHIP CASES ~D PAYHE~ The Board recognizes tha2 certain service rec~p~en2s may need to be ~dentified and processed as hardship cases. Pa~ent plans will be es2abllshed pursuan2 to the m~n~mum guidelines se2 forth th~l Resolution. A. Hardship cases will be established ~n accordance w~th the State"l Financial hardship guidelines, as used by ~S-Coll~er County. B. Paten2 plans for hardship cases will be se2 i ..rdship cases, placed on a payment plan w~11 no~ accrue in ere JAN oF be p~aced in~o co~ec~ion. ~o~wi~hs~anding ~he foregoing. lervica recipient hie a payment plan and doae not nike the Icheduled paymentl for · period longer than two (2} nonthl, the account will be turned over to the Countytl contracted collection agency and interest will begin to accrue. SSCTXO~ SXX~ IU~Z3tSBSSXON OF ~Z~OLUTXO~ ~4-~?! ThAi Reeolution chill lupirladl Resolution ~o. g4-679. IZCTXON SEVF~ES ~DOPTXONAND ETYZCTXVE DATE ThAi RelolutAon nhall become affectAvl on July 1, lggs. PASSED AND DULY ADOPTED by the Board of County Commieelonerl of Collie'r County, Florida, thil .2/'day of ~ , 1996. ATTf~T: · /. -i ".~- · Approved as to form and legal luffictency: BOARD OF COUNTY CO~HISSIONERS COLLIER COUNTY, FLORIDA J~C. NOI~RIS, Chairman Heidi' F. Ashton Assistant County Attorney Pa~e 5 of ~ Attachment "C" TO: FROM: DATE: RE: W. Neii Don'ill, County Manager Leo Ochs, Support Services Administrator December 5, 1996 Certificate of Convenience and Necessity for Collier County Emergency Medical Services Department After review of the application to renew this certificate for Collier County Emergency Medical Services Departrnent. no further information is required at this time. COLLIEK COUNTY. FLOKIDA Emergency Medical Services Permit # ]_ This Permit Expires December 31. 1997 Name of Service Collier County Emer_~encv Medical Service Name of Owner or Manager Collier County Board of County Commissioners Principal Address of Service 3301 E. Tamiami Trail. Na01es- Florida 3412 Business Telephone (941) '774-8459 Emergency Telephone 9-1- ! Description of Services Area _The 2.032 sc!_uare miles encompassin~t Collier County Number of'Ambulances on 24-hour Duty 14 ground units. I helico0ter 1 on 12 hour duty Number of Ambulances on Standby Duty 4 on stan~lt~. (Attached description of each ambulance to be used in above service, including make, model, year of manufacture, motor a'~d chassis number, and any color scheme, insignia, name, monogram, or other distinguishing characteristics used to designate ambulances in this service. A color photograph may substitute for the description of distinguishing characteristics.) This permit, as provided in Ordinance 81-75 shall allow the above named Ambulance Service to operate Emergency Medical Services for a fee or charge for the following area(s):~ Counw until the expiration date hereon, except that this permit may be revoked by the Board of Count7 Commissioners of Collier County at any time th,.' service named herein shall fail to comply ~th any local, state or federal laws or regulation applicable to the provision of Emergency ,Medical Services. Issued and approved this ~day of ATTEST: Dwight E. Brock, Clerk BOARD OF COUNTY COMMISSIONERS Collier County. Florida Clerk Chairman Apprgved as to form & ! _egal JAN 0 { 1997 Assi.q~ltlt'C'ounly .,Mtorn~ JAN 0 ? 1997 EXECUT~ SUMMARY APPROVE CONTRACT WITH THE NAPLES AREA CHAMBER OF COMMER~ FOR $125,000 CATEGORY B TOURIST DEVELOPMENT FUNDS OBJECTIVE: To approve the contract with the Naples Area Chamber of Commerce for $125,000 Category B Tourist Development funds for fulfillment activities. CONSIDERATIONS~ At the December 17, 1996 meeting the Board of County Commissioners approve awarding the Naples Area Chamber of Commerce $125,000 for fulfillment activities. The attached contract reflects that allocation. This contract differs from prior contracts in that it is a payment contract, that is the Finance Department will issue checks to the vendor, Naples Area Chamber of Commerce, based on invoices to them. This procedure has been the practice although it was not stated in the contract. FISCAL IMPACT~ Funds are budgeted in Fund 194 GROWTH MANAGEMENT IMPACT: None RECOMMENDATION: of Commerce and authorize the Chairman to sign. Prepared by: ~ean G~Analyst Heidi Ashton, Assistant County Attorney Reviewed by: /~ - ---' ~"~-'~'~-~;;;) '"~'----~'"~'~ Michael Smykowski, OMB Director Approve the attached contract with the Naples Area Chamber Date:~~' Date:_.L2.~C ! ~/L' Date: · i ...... AGENDA ITEM ~ ro. lb- {/~ } ! I i j a N - 7 1997 , l-g. / T~Xl ACRt~Z~I~f. is made and entered into this . Xllm, by and hetveen ~aples ~ea Cham~er o~ Commerce, lnc,, · Florida not-for-pro,it corporation, hereinafter rs£erred to aa .C~'r~' and Collier Coun~, a political s~on of the ~ate of Florida, hereinafter referred ~o ~CXT~ (hereinafter re,erred Co aa '~lan't f~ded ~ pzoceedm ~rom the Tcurimc ~vel~ment Tax; and ~S~S. the ~lan previdem cha~ certain ~f Ch· rev·susa ~eneraced b2 Ch· Tourim~ Development Tax are feasted for accivt- clem and even~m intended Co pro, Ce. ·dvertise and brin~ tc Collier Counc~ ~or the period beC~en ~a~ t~ou~h each ~ear. hereina~Cer wegerred co as 'Ca~e~ period': and ~E~S. ~ ·pplied to Ch· Tourie~ ~velopmen~ Council and ~he CO~ ~or ~undm ~o pzo~e Coil/ex County as a ~ourim~ destination ~hrcu~h promotional activities co.on ~o des~ina~ion ~rke~ing~ and ~E~, ~he ~ desires ~o fund pro~ional ac~ivi~ies. 1. ~e above recitals axe ~e and cor~ec~ and are incor- porated herein. 2. JCOPE OF ~OR~: ~E prepared a ~i~en de~ailed proposal ou~lint~ specific proJec~s~/ac~ivl~iee~ to be provided alon9 ~i~h a de~ailed line i~em budge~ aa par~ o~ the ~ran~ a~lica~ion process, hereinafter referred to aa ~e ~ROPOS~ Is a~tached hereto and lnco~ra~ed hereim ~u~lined in the ~OPO~ ~l~hin the ~dge~ pr~ided in ~he ~OPOS~. ~g shall no~ ~ paid for an~ e~aees no~ pro- vided for ~ ~he ~RO~S~ nor be paid fo~ a~ts in excess of those In the ~O~S~ unless an amend~n~ to thi· ~ree~n~ entered AnCo ~ the ~E and Ch· ~. mhall Me One Hundred ~e2~w-Five Thoumand Dollars The 6~EE mhall be paid ~or e~endicures incurred ~or the mhall c~ur in accordance with the ~ro~ ~a~en~ ~ct. ~owevew, the CO~ mhall be under no obli~a~ion ~a~m~evew pa~em~m ~or ~oodm or me.item in excemm o~, o~ no~ included the ~o~os~ or co ~e pa~e~c, us~n~ an~ source JAN ' othez thsn the ?o~riet Development ?ax, ~y pa~aent --de ~ the pa~en~. ~y e~endA~Teo ~lch have ~en paid which are suboe~en~ly demeaned ~ ~he ~ ble e~endi~vre sha~l ~ repaid to ~he CO~ ~i~ten ~o~Ace ~o G~EE of ~he e~endi~ure or option can vl~old future pa~en~o to the G~E or deduct the ~e ~E shall no~ ~ paid for any e~enees ln~rred or obligations encored into by the ~E prior ~o the effec~ive da~e of ~he o~ Xntuzanco naming Collier C~y, and its Board o~ Co~ty promo~ion, and ~ issued ~ a c~any ~ieeflsed Florida, and pz~ide Oenezal Liabili~y ~ns~rance for no ~ems than the ~ollov~ng a~s: BOD:LY X~Y LX~I~X~ S200,000 each claim ~r person PROPER~ D~ LX~ILX~ S300.000 each claim per ~room P~SO~ X~Y LI~IL~ Sl00.00O each claim per ~roo~ MOR~X'S COMP~SATXON ~ ~P~X'S LX~Ll~-S~atuto~ S. ~, ~e ~g, ~ conoLdeFa~iom ~S, ~he Teceip~ and s~icien~ o~ which Lo accepted ~he sl~.ifl9 o~ this do~Mn~, shall, hold habeas and de~emd ~ and ~ts agenZ, and e~o~e. ~rom any and aX~ .u~es amd ac~ionl ~ncludin9 at~o~ey'o fees and all costs o~ litigation and ~ud~n~s o~ any nam and des~ip~ion arising ou~ of or lnciden- ~al to the perforate of ~lo ~reeMnt ~bere~der. ~io provision shall also pertain to am~ claim brough~ agains~ the CO~ by any e~l~e of ~he naMd any fu~wan~ee, or an~ne directly or indiFec~ly e~l~d authorized to perfo~ ~rk ~ amy of ~hem. ~e ~E'o obliga- ~ion under this pr~lsion shall no~ ~ limited In any way by tbs agreed ~n AgweeMn~ price as oh~ in this ~weeMn~ G~E*8 li~l~ o~, or lack of, sufficient insurance pro~ec~lon. S. ~X~S: MX no~ices fr~ the ~ to the shall ~ deeMd ~ly oe~ed If Mlled ~ registered or codified Mil ~o ~he ~ a~ ~he foll~ing addreoo~ Donald A. Garrett. President Naples Area Chamber of Cold,eros 3C20 Tamiami Trail #orth All notices from the GWA~rT£E to the C0~'~r? shall be deemed duly served Xf mailed by registered or certified mail to ~~ to: ~0~ Tam~smL ?rail gist Naples0 Florida The Ol~d~l and the CO~ my change the ibova mailing address a~ In~ ~LM upon giving ~he o~her par~y ~L~en ca~Lcn. All no, Aces under ~hAo AgreeMn~ ~s~ ~ An V. ~O P~XS~TP, ~o~hing herein contained shall consoled as crea~ing a par~nershLp be~veen ~he ~ and ~he G~EE or to constitute ~he G~EE ao an agen~ o~ ~he C~. O. ~~, ~e C0~ or ~he G~EE My cancel con~rac~ vi~h or vi~hou~ cause on a~ lear 20 days a~ance ~i~en n~Ace cf such ~e~Ana~Lon Ind specifying the e~ec~/ve da~e ~er.o~. ~ ~he CO~ ~e~Afla~es ~hio Agreeman~ cause, ~he CO~ ~ill pa2 ~he G~E for all e~emdi~ureo con,racked ~o pa~ up ~c ~he e~ec~ive da~e c~ ~he ~e~/na~/om long as ouch e~enots t:e par~ o~ ~he PXOPOS~. :f i~ is de,er* maned ~a~ ~here vas no~ su~fLcLen~ cause for ~he C0~ ~e~ima~e ~hio Agreement, ~he G~EE'S remedies shall bt limited ~o ~he pa~en~ o~ ~he con~rac~ a~ ea~ed by ~he ~X ~he da~e of ~e~/na~/on. ~Z Ihall re/~rse ~o ~ all funds e~ended ~ CO~ ~der ~hLo A~reemen~ if ~he C~ 0. ~: ~ ~o re,ired ~o M/n~ala co~le~e and ac~ra~e accounting and records. A c~le~e and ver/~Lable audl~ La d~e ~o ~he Adminis- trator vi~hin sixty (40J days c~ ~he c~le~ion o~ ~he gram~. All revenue rela~ed ~o ~he pro~ec~/ac~LvL~y should recoreed, and all e~endA~ures ~s~ ~ incurred vi~hi~ the con~rlc~ period. G~EE Le red,red to .u~t a~ual ~na~c~al s~a~eM~cs on the financial condition of the proJectts)/act~vity(Xes), o~ the ~E organization, and a special repor~ on the recelp~s and · ~end~ures of ~he gran~ rela~ed Failure to I~Lt acceptable ~nanc/al or .peeLal reports will result Ln the cessation o~ pa~nce on all grant contracts the ~E ~y have v/~h the CO~ aC the CAM. e~fective on the date ~he s~LooLons ~c~ ~etdue. ~det such cAt--cantos. no further paints v/~l ~ mdc for the duration of contract per~odo and any paints already md. shall be 8~ect. a~ the acceptable stace~nts a~d/or special reports are not e~ed as re~ired, o~ l~ the pimento are later nh~ to no~ be properl~ ~ched, lO. ~: ~is ~gree~n~ shall ~c~ e~fec~ive year.exec~tL°~' My Moth pirelli and shill remain effecC/%e ~ i JAN-? I .,. ..I oo Il. IEOUTI~NOT~T=~: All probational literature · and ~edta a~vertising produced w~h ~ur~e~ ~ax revenues ~e~ i~clude a v~eible ~e~erenee ~o .~oll~ez ~oun~, Flor~d~ - (1~o~'. ~oopera~lve ~for~ ~nded b~ ~he roll,er ~oun~y Touris~ Develop- ~e following e~endL~ureo a~e ~nelig/ble and shall nc~ ~ paid b~ gran= funds: a. ~ual ~era~ing e~endi~ure no~ d/rec=ly rela~e~ ~o ~he activity or b. Salaries of full-~iM I~a~. ~l~n~ cf ~roou- nel no~ directly rela~ed ~o ~he ac~ivi=y cT proJ- c. ~eal proper~. d. Capital l~rovemen=o, including bu~ no= limi=ed ~o ney cons=~c~lon, rends=ion, res=oral/on and o~alla=ion or replace~n= o~ fix=urea. e. Tangible personal proper~y, including bu~ no~ i~ed ~o o~lce furnishings or e~ipMn~. collec=lono or individual pieces of f. Inheres=. or reduce/on o~ defXcL=o or loans. penoes incurred or obligated prior ~o or after pro- Jec= funding period. g. Prise ~me~, Icholarohips, awards, pla~es, or ce=- ~if/ca~eo. h. Travel no~ alooc/a~ed directly wi~h i. Pro,ecOa which are read,ac=ed ~o private or exclu- sive participation excep= ~or invi~a=/onal ~/ch re,ire a pre~alifica~ion of ~hr~gh pr~en ab/li~y ~o generate ho=el n/ghee during ~he Naples' area Ihoulder lesion. J. Private en~er~ainMn~, f~d or ~rageo excep= L~L~a~ional even~l ~ich re,ire a pre~ali~Lca- ~ion o~ participants ~hrough preen ~ili~y ~o gem- erase ho~el r~ n/gh~o during ~he Naples' area shoulder season. k. Making pa~n~l for go~s o~ le~iceg purchased previous or o~her events. 1~. ~S: ~ changes in ~he i~y(iesJ such al pro, sc= dates, key par~icipan=l, and revisions ~s~ ~ ou~i~ed firo~ ~o ~he Tourie~ ~velo~n= Council and ~hen ~o ~he Board of Coun=y Co~issicners for ccns/dera~ion, approval and contrac~ amendmen~ by ~he Board. applicable, 14. PROMOT2ON~ ~R~S: All pr~onal ~er~al8. including bu~ no~ limited ~o ar~rk, brochvreo, pos~ero.~ IS. The ?ouriem Grant Program Guidelines, Orant J~rplice* tion, end Contract J~dmintstraticn Guidelines ere incorporated herein by thio reference. Gl~rfzz shall coml)ly vith all re.ire- MmPI included ia ~he able verbatim herein. ~ ~SS ~0~, the ~ and ~ have each ree~- c~ively, ~ an authorized BO~OF CO~ ~ISSI~S my~ Xaples Area Chamber o! ¢on~erce. Approved la to form and legal su~ficiency A~etatan: County &~to~ey (corporate leal} - S - JAN - ? BS? November i, 1996 AGENDA ITEM J~H - 7 1997 NAPLES AREA CHAMBER OF COMMERCE GRANT APPLICATION TO COLLIER COUNTY TOURIST DEVELOPMENT COUNCIL NOVEMBER I, 1996 ,~,GEND A ITEM No._ ~'-' t ,~'~ J~N ' 7 1997 " P'g__ -- COLLIER COUNTY TOURIST DEVELOPMENT COUNCIL GRANT APPLICATION Funding For Category B (Promotion and Advertising of Tourism in Collier County) and Category C (Local Projects and/or Activities which Promote Tourism in Collier County) Completed applications must be received at the below address no later than S:00 P.M. November I, 1996 Administrator Collier County Tourist Development Council Count)' Manager's Office 3301 East Tamiami Trail Naples, Florida 33962 Name and Address of Applicant Organization: Naples Area Chamber of Commerce (NACC) 3620 Tarniami Trail North Naples, Florida 34103 Contact Person, Title, and Phone Number: Donald A. Garrett President, Naples Area Chamber of Commerce (941) 262-6376 Organization's Chief Official and Title: .Iud>' A Keller Executive Director AG':'ND a~ ITEM ~':o. ,'.~-. E~'." ,I ~,N - ? 1997 e is this an application for Category 13 (Promotion and Advertising of Tourism in Collier County) or Category C (Local Projects and/or Activities which Promote Tourism in Collier Count)')? Check one: Category B x,u Category C How much TDC Funding is your organization requesting ? Based on Fulfillment costs as a percentage of advenisin8 and promotion costs in the past, the NACC is requesting $125,000. Briefly describe program including: Your organization's capability to promote Collier County as tourist destination. Geographic focus of promotion, i.e. Collier Count).', Marco Island, Everglades, etc. See Exhibit "A" Applications must be accompanied by the following: a) b) c) Verification of not-for-profit status See exhibit "B" Last fiscal )'ear financial statement Sec exhibit "C' In.corporation papers unless specifically waived by TDC See exhibit "D" d) e) 0 Detailed line item budgei for program for both revenues and expenses. See exhibit "E" Detailed description of proposed plan See exhibit "E" A marketing plan ma)' be substituted for items d and e above. !- (Includedin exhibit "E") ,~.GfNDA ITEM ho ./',2-. L, JAN - 7 1997 t I .:. / (." 8. Category C projects and activities which promote tourism should have an emphasis on the "shoulder and off season" of May through November. What is the scheduled date(s) for your project/activity? tO(i). Discuss why funds are unavailable from other sources. Tourist Development funds should not be viewed as supplanting of replacing existing funding sollrces. lo(j). Discuss the capacity of the project to enrich the artistic, cultural, and environmental attractiveness of the community to the visiting public and compatibilit)' with the community in general. ! have read the Tourism Grant Program guidelines and criteria and Resolution No. 9;3- and agree that my organization will fully comply with the guidelines and criteria and Resolution No. 93= . Signat~'o¥-O~a~iza~i0n~s Chief Official /~ G£NDA ITEM JAN - !/1997 EXHIBIT "A" PROGRAM SUMMARY ORGANIZATION'S CAPABILITIES The Naples Area Chamber of'Commerce has held the responsibility for the fulfillment of' inquiries generated by the Category "B" advertising and promotion dollars since the inception of'the program In 1996, more than S0,000 consumer phone calls have been handled by our fulfillment staff at our 895 Fifth Avenue South location These figures ~"~0/ represent a ,.,. ,0 increase over 1995. The 800 number toll-free lines are staffed by fully trained Collier County residents who have immediate access to the most comprehensive source or'information available by virtue of thcir location v4thin the Naples Area Chamber of'Commerce Visitor Information Center The installation of highly sophisticated telephone technology, T-I line connectivity and the Chambers internet server allow for the most modern state-of-the-an information deliveR, system available to any destination. Destination information can be transmitted world-wide at the cos~ ora local telephone call. and include the all important color graphic d - ? 1997 1 GEOGRAPHIC FOCUS The fulfillment program paid for w~th these ~unds w~ll focus on the greater Naples destination including the following areas: Vanderbih Beach North Naples Naples Gold~ Gate East Naples Immokalee adjacent unincorporated a~eas of Collier County Naples Area Chamber of Commerce members and volunteers have contributed over 20,000 hours in assisting more than 120,000 guests and visitors while answering more than 100.000 telephone inquiries annually EXHIBIT B VERIFICATION OF NOT-FOR-PROFIT STATUS V-"-~ENDA ITEM U. S.~REASUi~Y DEPA~I..l~ iNTERNA1 REVENUE ~ERVICIr ~ ~ ~2 For~ iN~'CI~X&~, I£VCNUC CODL £CTION SallCl! ~ I _ [&CCO~]~4TING ~'Zl~tO0 CNO- Based upon the e%~dence submitted, it is held that you mre exempt from Feder,~! ~nco.-..e tax =:der'thc pro';Ls!ons of the Internal Revenue ~dc section in~icated ~ve. ~ny questio~ concerning t~xes levied ~der other subtitles o~ the ~de sho~ be sub~tted to You ~re net require~ to file Federal income ~x ret'~ns ret~n ~n exert st~tus~ ~nless 7on ~e subject to the business income ~osed by section ~11 of the ~e ~nd are required to file ~o~ ~T for the p~cse cf :e~rti~ ~-el~ted business t~b!e in:omc ~-j ch~-~es in vo~ character, ~poses or neth~ of operation ~. ch~-~e in your :' ~ ' ~tlon rct';~., Fo~ 9~, nrm':n;!y, zftcr thc c!ose of yr~ ~u':~l ncccunt- ~ [cri~.~ ,-.,-~tc~ above. , --,- *: letter This is a de,e._.us.-eo * G': I f Ji'l I AGENDA ITEM No._/~- ~: ~; JAN -'?' t~t~ Pg.__ ' 5' $-4 ' EXHIBIT C FINANCIAL STATEMENT les Ar~a Chamber of Co~erce ~nc. &nd Subs~diar~es Audited Fin~ncial May 31. 1996 AGENDA ITE~ · ~: q - ? 1997 Briant & Girardin, P.A. -.1,-%' _ C'cmfied Pubhc Accoumam, ~ .1033 Rl%mlcra [)r~c. Suite 103 · Naples. Florida 34103 · 1941) (~0.8484 · FAX 1041) 649-8482 Independent Auditors' Report Conso~£dated Statement Of F£nanc£al Pos£t£on Consol£dated Statement of Act~v£t£es Consol£dated Statement o[ Cash Flows Notes to Consol£dated F~nanc£al Statements ~aqe 1 2 3 4 5 - 10 JO.4 - ? 1997 1 · lope Ann Bnam, C P.A ~1 E. Glrardm, CPA. Briant & Girard:n, P.A. Certified Public Accounlants (941 ) 649.g4R4 FAX (941) 649.g4~2 nd ee en ud tot ' Re o To the Board of ~£rectors Naples Area Cha:~er of Commerce, Inc. and Subsidiaries We have aud£ted the accompanying consolidated statement of financial position of Naples Area Chamber of Commerce, Inc. (a nonprofit corporation) and Subsidiaries as of May 31, 1996 and the related conso[idated statements activities and cash flows for the year then ended. These consolidated financial statements are the responsibility of the Organization's management. Our respons£bility £s to express an opin£on on these consolidated financial statements based on our audit. We conducted our suds: in accordance with generally a:cepted auditing standards. Those standards require that ~e plan and perfor~ the audit to obtain reasonable assurance about whether the consolidated f~nan:ia: statements are free cf material misstatement. A~ audit intrudes .~xa~i~L~g, cna test bas:s, evLde~:e An a~d:: also includes assess:n9 :ne a:::o. .nS ~r:~:ipLes :. ~ and s:gnifica~: f:~a~:iai s~a:emen: presentation. ~e ~e,le'.'e :nat ~ur i~it pr~'.':des a reascna~!e [asLs ~or our opLnlon. In our opinion, the consolidated financial statements referred to above present fairly £n all mater:al respects, the financial position of Naples Area C~amber of Commerce, Inc. and Subs£d:aries as of Hay 32, L996 and the results of :herr ac:xvL:ies and the:r cash glows for the year then ended :n conformity wLth generally accepted account:rig prin::ples. Cern;fled Public ~cccuntants July 17, 1996 I 3033 R~cr., Drive. Stoic 103 · NaplEs, }:lorlda AGENDA ITEM JAN - 7 1997 Naples &re& Ch~be~ of Comaerce~ Znc. and Assets Cash and cash equ£valents Accounts =ece£vable Znventory etepa£d expenses Total current Bu£[dLng and equipment, net Total assets $ 51,167 289,98! 6,600 ~4.ooe 361,756 627.S6~ Current ~£ab£1£t£es and net assets Current l[ab£1£t~es Acccun%s pa}'a~ie amd accrued iaAr;l::~es Deferred revenue Net assets UnrescrLcted net assets Total net asse:~ Tota: ~£ab£L:c£es and net assets S64,49S 424.e~ 424.823 S989~3~8 See notes to consolidated financLal statements. AGENDA ITEM .o.,,/~,- ~ JAN - 7 1997 ~,~._ -('t Naples Area CbanO3er of Couerce, Znc. and S~bsid£aries Consol£dated St&tements of Ac~£v£t~es Unrestricted net asse~s support and revenues Duel Publ£cat£on revenue ProgrL~ revenue Gr&n~ revenue Other revenue Total unrestricted sufport S 492,439 125,254 625,390 1,055,992 4.64~ 2,293.728 Expenses Gr&n~ expense Progra:n expense General and ac~min£strat~ve Total expenses (Decrease) in unrestricted net assets Net assets, beg~nnin9 of year Ne~ assets, end of year 1,055,992 591,427 702,520 2,349,9~9 See notes to ¢c~so::dated fLnancLa! s:a:eme~s. AG£1qDA ITEM Ho. I(.,' ,_/I. JAN - 7 1997 pg. '~..~ Naples &rea Chalber of Commerce. Inc. and Consol£dated Statements of Cash Flows For the Year Ended May 31, Cash flows from operat£ng ackiv£ties: (Deficit) in net assets Adjustments to recoflc£1e (decrease) £n fle~ asse:s to net cash (used) by operat£nq act£vt~es: Deprec£a~£on (Increase) in accounts rece£vable (Increase} £n £flventoF¥ Decrease £n prepa£d expenses Increase in accounts payable Increase in deferred revenue (Decrease) increase in other liabilities Net cash (used} by operating Cash flows from £nvestin9 activ£t£est P~rchase of prcper~y and equ~pmen~ Ne~ (decrease) in cash and cash equzvaLents Cash and cash equtvalents, beg~nn~n~ of year Cash and cash equivalents, end of year Supplemental disclosures of cash flov £nforma~on: Cash pa~d during the year ~cr: ~n~eres~ :ncome taxes $ (56,221) 27,640 (249,844} (5,201) 1,160 156,233 43,953 ~) (76,090) 213.454 S 51.16~ s 4~ S 4,430 See no%es ~o conso[tda%ed ftnanc:a~ ~%a:emen%s. Naples Area Chamber o! Cou~eree, Inc. and I~bsidiaries Notes to Consolidated Financial Statements Hay 3~ 1~96 NO~E I - NA~qJI~B O~ ACTZVZTZ£$ AND ~Ulq~AXy Or SZGNZFZCAJ~T AC¢OUlr~THG PO~ZC~ The Naples A~ea Chamber of Co~erce, Inc. {"the Chamber') and Subsidiaries were organized ~n ~946 ~o preserve and promote the economic v~Ca~cy of ~he bus~fless co,unify, serve as a source of XeadecshLp and promote tourism ~o Collier County, Florida. PrLnciD~es of consolidat£oq The accompany£ng c~nsol£dated £inancial statements include the accounts of the Chamber and its wholly owned subsidiaries, Naples Chamber Publ~shing Company, Znc. and Naples Area Tourism Bureau, ]nc. {NATB}. lfltPrcompany transactions and balances have been ei£minated in consolidation. The Chamber and its subs£diaries have interrelated d£rectors and share co~mon facil£t£es and personnel. The Naples Chamber Publ~shing Company, ~nc. was dissolved during the fiscal year and activity is no~ reported la the Chamber entity. Basis of presenta~£on Financial statemec= presen:a:;:~ follows :he re:o~mendations of t~e Financial Accounting Standards B~ar~ ;= ~ts Sta=e~ent of Financial Accc~n:in~ Standards (SFAS) No. 117, Financial S:d:emen=$ of No:-for-Prof4= Organaza=aons. Under SFAS No. 117, the Chamber is required to report information regarding their financial position and act£v£ties according to =hree classes of net assets: unrestricted ne= assets, ~emporarily restricted net assets, and permanently restr£c=ed ne= asset. The Chamber and Subsidiaries do no= have any permanently res=rioted ne= assets. ~evenue recoqnSt~on ~evenue and expenses are recorded on the accrual basis. Dues are recognzzed as revenue in the appl~caDle me=bershIp pericd and revenue fete=vet for future dues and programs is deferred to =he applicable year. ~eceivables Receivables are repcrted ae= of mana~emen='s estimate for allowance of uncollectible amounts. Znventor¥ Inventory consists of various promot£onal available for sale at the v[s[torl center. cost or market using the f~rs=-in, first-out method. items for resale and merchandise Inventory is stated at the iowe~ n~ AGENDA ITEM No. /&: i( J See auditors' report. JAN - 7 1997 Naples Area Chamber of CoaJierce. Inc. and Subsidiar£ea Notes to Consolidated Financial Statements Nay 31, 1996 NOTE 1 - NA~u~ OF ACTIVITIES AND SUI~J~R¥ OF SIGNIFICANT ACCOUNTINO POLICIES (Continued) ~u£1dinq and equipment Build£ng and equ£pment £1 recorded at cost. Depreciation £s recorded on the etra£ght-l£ne bas£s.over the estimated useful lives of the respective assets. The cost of maintenance and repairs Is charged against £ncome as incurred; a£gnif£cant renewals a~d betterments are cap£talized. The Chamber generally capitalizes assets costing more than $$00 with a l£fe of greater than one year. The Cham~er Is exempt from federal income tax under Section 501(c)(6) of the Internal Revenue Code. However, nec "onre~ated bus£ness income", is taxed ac corporate income tax rates. The ~ncome of Naples Chamber Publ£sh£ng, Inc. ~s taxed at corporate races. Income tax expense for the year ended Hay Il, 1996 was S4,430. Alloca~£ous Programs inc!~Lde aover~en: oversight, soc;a~ a:~ivit~es, sam;ears and educat£onal events, ccur£sm ~romo:~on and Lss~ance of pu~!£cacions. Dur£ng 1996 $115,000, of general and adm£nLacrat£ve expenses have been allocated to publ£cac£ons. The &~locac£ons are based on the percentage of hours employees ~orked on publ£cacLons, appl£ed to var~ous general and adm£nLstrac£ve expenses. ~onated serv$ce$ A s£gn£f£canc portion of the Chamber's ~unc:~ons are conducted ~y unpaid volunteers, off£cers and committees. The va~ue of Chis contributed c~me is not reflected in the accompanying f~nancial statements since the volunteers' time does hOC meec c~e cr£cer~a ~or recogn£t£on. ~dve~tisinq revenue~ a~d cost! Costs of promoCLons and advercisLng are expensed as £ncurred. revenue £s recogn:zed as pub~:cat:on~ are ~ss~ed. Statement of cash f~ows '.he Chamber cons:ders cas.. c~ r.A?.d0 der. and de~:s;:s .~:tn f:na.-.c;a~ :ns:~ca~ons. certificates of depos:c ar.d highly l:qu~d de:: ma:urLtLes of three (3) months or less ~o be cash and cash equ[va[en:s. AGENDA No. See aud:cors' report. JAN - 7 1997 r,=._ NapXes ~re& Cbantber of Commerce, Znc. And SuJ~stdt&rtes No,es ~o Consolidated K£nanc£a! S~a~emen~s ~ay 31, 19~6 NOTE I - NATURE OF ACTIVITIES ~N~ $~HAR¥ OF SIGNiFiCANT ACCOUNTING (Con~laued) gs~£ma~es affect the raper:ed amounts of assets and liabz~£t~es and dLsclosu=e of conc£nqe~ &sse~s a~d l~&b£1~t~es a: ~he dace of the f~na~c~al stateme~:s and the reported amounts of revenues and expenses dur£n~ the report~n~ ~er~od. Actual results could d~ffer from :hose estimates. NOTE 2 - ACCOUNTS REC£IVABT-~ Accounts rece&va~ie :~ns~s~ of the fcllo~ng: NOTE 3 - BUILDING ~'~ E~UIPHENT L~fe , ~UL'~''' &~: L~,~rr'.'_-_~s Less: f years De~rec=a::¢n expense f:: :ne year en~e~ May See au~:or$' repot:. AGENDA ITEM No.. /(,- ~/,) JAN - 7 1997 p~. ,-;:4.- NapXes Area Chamber of Comae=ce, Inc. end Subsidiaries Notes ~o Consol£dated F~nancia~ S~a~emen~s ~a¥ 3~, 1996 The Naples Area Tourism Bureau, Inc. ("NATB"} entered into an agreement with the roll:er County Tourism Committee to ~rovide promotional and fulfillment services. The total grant revenues for tbs year ended May 31, 1996 include amounts paid to advertising agencies by the NATB for contracted marketing and promot£onal services provided on behalf of the NATB. The amounts paid total S?3i,511 and the payables at Hay ]l, 1996 totaled $131,514. In addition, the NATB received $192,98i in 1996 as qrant reimbursements for fulfillment services provided. Fulfillment serv£ces include costs related to toll-free telephone and direct ma:l efforts by the N~TB to promote tour,s= in Southwest £lor[da. NO~£ 9 - RELATED PAR~¥ ~RANSACTIONS A c~ns~ct~n cc~any ~ned ~y 6 ~e~:e: ~f the NOTE 10 - EXPENSES 5Y CATEGORY £x~e~ses~:'" cate::=y, are as Au=c aiio~ance and expense Bad debt ex;ease ¢o~.~,[ssLons expense C~st of goods Dues and Em~:oyee benefits E~u:~en: le~se.,mai~tenan:e E~ipment rental Fac£1:ties r~n:al Flcwers Fc:~ and Fulf:ilmen~ Znsurance - general ~e~is an~ enLe~a~n~.en~ O~ice s~i~e~ and expense Ot~er taxes See auC~tcrs' report. 200 4.'50. 33 2,316 2,244 28~,675 ¢,4]) [~., e ~ ~AGENDA ITEM No._,."- JAN - ? 1997 Naples Ares Chamber of Commerce, Inc. and Subsidiar£es Notes to Consol£dated Financial Statements Hay 31, 1996 0 - ! GOR (Continued) From previous page PayroL: taxes Pens:on expense Plaques and badges Postage and shipping Printing Pro[essional ~ees Rental expense Repairs and maintenance Salaries Sem:nar expense Signs Storage Suppl:es Telephone Tra:n:ng a~d devel:~re~: $~,553,899 31,738 13,234 15,218 73,346 81,602 22,36? 22,363 16,517 408,86? 4,017 9]3 3,925 2,4~e 37,016 2,6~3 See auditors° repot:. AGENDA ~E M No... /~' E (/.J JAN - 7 1997 EXHIBIT D INCORPORATION PAPERS AGENDA ITi~M No. &' ~'~'~ JAN - 7 1997 ] parim M! of I certify that the attached is a true and correct copy of the Articles of Amendment. filed on October 6. 1988. to Articles of Incorporation for GREATER NAPLES CHAMBER OF COMMERCE INCORPORATED changing its name to NAPLES AREA CHAMBER OF COMMERCE. INC.. a Florida corporation, as shown by the records of this office. The document number of this corporation ,s 703230. TO THE ARTICLES OF INCORPORATION ' " GREATER NAPLES CHAMBER OF COMMERCE INCORPORAT£D.: ..... . Pursuant to the provisions of Section 607.017 of the Florida Not For Profit Corpor~tion Act, the undersigned corporation adopts the following Articles of Amendment to its Articles of Incorporationl 1. The name of the corporation is GREATER NAPLES CHAMBER OF COI~tERCE, INCORPORATED. 2. The following amendments of the Articles of Incorporation were adopted in accordance with the BT-laws of the corporation on ~~%UL~ , 1988; in a manner prescribed by the Florida Not For Profit Corporation Act. 3. Article I of the Articles of Incorporation of GREATER NAPLES CHAMBER OF COMMERCE, INCORPORATED is amended to read as follows: "The name of this organization shall be the NAPLES AREA CHAMBER OF COMMERCE, INC. and its principal place of business shall be Naples, Collier County, Florida." Dated as of this 2~ day of ~~3z. 1988. Executive S~cretar/ GREATER NAPLES CHAMBER OF COMMERCE, INCORPORATED By'. P~,' e s ident AGENDA ITEM JAN - 7 1997 Pg. _~, / 1993 .... .,.,....~,~,o,C~.....-,. DOCUMENT # 703230 (3) NAPLE$ AREA ~R OF C,O&AIERCE, .INC. 3620 TAJ, IJAJZ! TRL. N ALA2LE$ FI. 33940.3705 O.4TE5 JR., ED~'A. RD J. $S20 N TAI, IJA.;,I; TRAZL i~-.,PLE$ FL 33940 ~Z~PLE$ ~L .. ~ EXHIBIT E BUDGET MARKETING PLAN AGENDA ITEM NO. ][~' f:[') JAN - 7 1997 1997 TOTAL PROGRAM BUDGET PROMOTION . Advertising includes media placement International publications Domestic publications - Public Relations professional services includes strategic planning, facilitating marketing plans, designing promotional materials and programs, and media liaison services - Production includes graphic design and layout services, slide reproductions, text translation and photograph)' . Brochures includes the reprinting of destination guides and other collateral - Media Relations Expenses includes photocopies, mileage, news release postage a,d prcss ext'ttrxion expenses - Travel Agent Relations Expenses tnch~dcs communications, mileage, postage and o~7.site familiarization expenses - Trade Shoxv Expenses includes booth registration, supplies and per diem expenses -Collaborative Efforts ,.v.~'iarco Island Convention & Visitors Bureau mc/udes.familiari:ation trips, trade sho~cs and joint a&'ertising - Market Research includes collecting and assembling occupancy and visitor data -Clipping Service FULFILLMENT - Toll free telephones and direct mail fulfillment includes telephone lines, labor, postage, storage and deliver), of materials and accounting services TOTAL 62.058 30,000 102.000 45,000 55.000 50.000 25.000 35.000 30.000 50.000 5.000 125.000 $614~058 AGENDA ITEM No. /Lo ~.9) JAN - 7 1997 EXECUTIVE SUMMARY APPROVE CONTRACT WITH THE NAPLES AREA ACCOMMODATIONS ASSOCIATION FOR $489,058 CATEC, ORY B TOURIST DEVELOPMENT FUNDS OBJECTIVE: To approve the contract with the Naples Area Accommodations Association for $489,058 Category B Tourist Development funds for advertising and promotion. CONSIDERATIONS: At the December 17, 1996 meeting the Board of County Commissioners approve awarding the Naples Area Accommodations Association $489,058 for advertising and promoting Collier County in the shoulder and offseason. The attached contract reflects that allocation. This contract differs from prior contracts in that it is a payment contract, that is the Finance Department will issue checks to the vendor, Naples Area Accommodations Association, based on invoices to them. This procedure has been the practice although it was not stated in the contract. FISCAL IMPACT: Funds are budgeted in Fund 194 GROWTH MANAGEMENT IMPACT: None RECOMMENDATION: Approve the attached contract with the Naples Area Accommodations Association and authorize the Chairman to sign. Prepared by: ~ ?~..~ Jean Gansel, Budget Analyst Heidi Ashton, Assistant County Anomey Reviewed by: ~~,~ ff _~_t:~ , -- Date: Michael Smykows. ki, OMB Director Reviewed by: Date: 1 9 / ~C,,.I r~ . THZS A~P~EIqZ~T, lo made and entered into thio -- day of Association, Inc., a no~-for-prof~ co~ra~l~, heret~er referred ~o as '~l' and CollAer C~ty, a ~ll~lcal s~on' of the JCa~e of Florida. hereinaf~er refe~e~ Co ao 'C~." ~. the C~z ~o ~d~ted i 7our~lt ~ve~nt {heFeinaf~e~ re{e~ed ~o as 'Plan') funded ~ pTocee~o fr~ ~be ~K~S. ~he Plan provides ~ha~ certain o{ ~he revenues generated by ~he T~zis~ ~eve~men~ Tax Ire Fese~e4 for ac~ivA* ~Le. afl~ even~, in,ended ~o pz~e, advertise and ~F/ng ~o CoXXie~ County for ~he peFAo~ ~en ~ay ~hroug~ ~EREAS. ~E a~lie~ ~o ~he To~Fis~ ~velo~n~ and the CO~ ~or ~ds to promote Collier County aa a ~ER~S, ~he CO~ desires to fund p~o~l~nal ac~ivi~ies. MX~SSE~: l. ~e a~e recitals are t~e and co~ec~ and ate lncor- poTa~ed 2. SCOPE OF ~: ~E prepared a ~i~Cen detailed p~oposal ou~liming specific pro~ec~(s]/ac~ivi~y(ies) to provided along wl~h a de,ailed line l~em ~dge~ as paT~ of ~ran~ application process, hereinaf~er refezred to aa ~e PROPOS~ is a~ached he~e~o and inco~Fa~ed herein as Exhibi~ 'A'. G~E shall pF~ide ~he ou~lized An ~he PROPOS~ within ~e ~dge~ pr~ided in the P~OPOS~. ~B shall not ~ paid for any e~enses no~ pro- vied for in ~he ~O~S~ no~ ~ paid fo~ a~o in excess ~hooe in ~he PRO~S~ unless an aMnd~fl~ ~o ~bio Agreeme~ entered ln~o ~ the ~ amd ~he 2. PA~, ~e Mxi~m pa~n~ under thio Agreemen~ shall be Fou~ H~dred ~lgh~y-Hine ~ousand Flf~y-~lgh~ ($48~,0SS.00). ~e G~E shall ~ paid ~or e~emdi~ures incurred for ~he pxo~ec~(s~/ac~ivl~y(ieo) u~n o~l~al of invoice. Pa~m~ shall occur in accordance wl~h ~he Pa~e~ Ac~. Hoover. ~he CO~ shall be undeT no ~ha~ooever ~o ~ke pa~em~o for g~dg mT semites in excess or no~ included in ~he PROPOS~ or to ~ke pa~z~o using amy source of funding o~er ~han ~he Tovris~ ~velo~em~ Tax. ~y pa~en~ Mde b~ ~he ~ which lo sho~ ~o ~ an ': ' JAN ' expenditure during the performance of the grant contract shall not be eligible for pa~ent. Any expenditures Which bede been paid to the GRAHTI~ which are aubee.quently deteruLned ~ ~ ~o ~ an ineligible e~ndl~uFe shall ~ rxpaAd ~o ~be ~ ~ithAn 30 dl~l Of warren not~c, to ~ of the d~cure or the ~ a~ ica ~ti~ ean v~t~old future paints ~o the ~l or deduce the a~un~ co ~ repaid ~ G~ an? re~inAng gran~ ~und.. ~e ~Z shell no~ ~ pa~d for any e~enoes Xn~rred or obl~gationo entered into ~ the ~ pr~or to ~he effective date of ~ho Agree~nt. 4. ~WS~: ~ ~o red,red to s~it a of Insurance naming Collier C~y, and its Board of Co~y Co~gs~onero and the Tourio~ ~velo~n~ Co.oil as additionally insured. ~e cer~ifica~e ~st ~ valid for the peri~ o~ the Florida. and pr~lde General Llabil~y ~nou~ance for no lees ~han ~he following a~un~s: BODILY I~Y LI~ILI~ S200,000 each clai~ per person PROPER~ D~GE ~I~ILI~ S300,0O0 elch cla~u per ~rlO~ ~OR~R'S C~P~SATION~ ~P~'S S. ~TF~CAT~O~ ~e ~E. Ln cons~dera~c~ of DOL~S, ~he rece~p~ and lu~f~cten~ of ~ich LB accepted ~rough ~he I~gnL~g of thio document, Ihall hold ha~esl and defend ac~ionl including I~o~ey'l fees and all col~l of ll~ga:~on and ~ud~entl of any nam and delcrtption i~Ll~ng ~C of or ~nciden- tll Co ~he perfo~nce o~ ~hLl AgreeMnC or ~rk Forfend thereunder, ~hio pr~ilion lhall also pertain to any brough~ againl~ the C~ ~ any e~l~e of ~he naMd ~. any i~ran~ee, or anyone directly or indirec~ly e~l~d authorized co perto~rk ~ any o~ ~hem. ~e ~'l obliga- tion ~der ohio pr~llion ihall nsc ~ limited ia any ~ ~ the agreed upon ~reeMnC prAce al ih~ in thio ~eeMnc or ~he G~Z'I liui~ of. or lack o~, lu~ficien~ inlura~ce pro~ecciom. ~. N~T~S: ~1 no~lcel from ~he C~ to the ~E Ihall ~ deemed duly le~ed i~ Mlled ~ regil~ered or certified ~ll ~o che ~ a~ ~he ~oll~ing addrell: Jim Ounderaon0 President Naples Area Accoeunodationa Aotociation. Inc. P. O. Box llllJS Naples. FL 3410~ All nocLcel from the GPJ.%~E Co Che COU~ shill be dee~ed duly eerved ~f mailed b~ regiatered or ce~ed ~ ~ ~he ~ ~o~ Cou~y Second Floo~, Ad~in~s~ra~ion Bu~ldi~q JAN ' ? The ORANTEE snd the co.frY ed¥ change the obeys uaLlLng address st any tim upon g~vlng tho other pi~y ~ltt~n no~fL- G~E or zo e~ozLZuze the ~ is in agent of Zha ~. I. ~2~?~ ~e ~or rheumy eence~ thio da~e thereof, l~ the ~ tea/nates this ~ree~n~ without cause, ~ha CO~ will pay the ~ for all e~nd/~ureo con~rac~ed ~o pay ~p to ~he effective da~e of the te~ion long as luch e~enleo ire part o~ the ~O~S~. If it Lo deter- mined that there ~o no~ lufficLen~ cause for the ~ te~Lna~e thio ~remn~. the ~'1 r~d~el I~ll ~ to ~he pa)Mn~ of tho con~rac~ I~ ei~ed ~ the ~ funds e~ended ~ ~ under ~hil AgreeMn~ L~ the terminates ~hi8 Agreeing. records. A co~le~e a~d verifiable audi~ is due to tho ~1 revenue rela~ed to Zha p~JecZ/iceiv/~y should recorded, old all e~end~ures ~s~ ~ Angled e~lh~ ~he co~trac~ per~cd. O~ Lo re.ired ~o mub~z I~ual financial stilettos ~ha financial condition of ~he pro~ec~(s~/ac~lv~y(~esJ, o~ e~endt~ureo o~ ~he grin~ rela~ed Failure ~o e~l~ acceptable fLnancLal or 8~cial re~o ~g ~y have vl~h tha ~ a~ the tiM, ef~ecti~ ~ the da~e the w~ioolono ~c~ ~erdue. ~der ~ch cimtanceo. no f~r~her pa~n~o sill ~ ~de for the ~ra~l~ o~ c~rac~ periods and any pi~n~l alrea~ mdc Ihall ~ 8~ec~. 8~ ~he sole discretion o~ the ~, to la,er re~u~ to the ~ acceptable 8ea~e~n~o and/or special reports are not ~t~ed re~ired, cr if ~he pawnee are la,er 8h~ ~o no~ ~ M~ched. execu~ion b~ bolh ~ar~iea amd shall re, in e~fe~iv~ ~or one year. I1. BEOUxR~ NCTATTO~: All pro~ional literature media adver~islng produced ~ikh ~ris~ ~ r~eo ~g~ include a vitible ~eference ~o 'Coll~er C~F. Flori~a o · 3 o cooper&tire Iffort Funded by the Collier ¢o~t¥ Tourist Develop* · ent Tax," The £ollowlng expenditures are lnsligibls and shall asr be a.Annual operating expenditure not directly related to the activity or b, Salaries of full-tiM staff. EuploT~ent of person* ne~ no~ d~rec~y re~a~ed ~o the ac~v~y or pro~* c, Real property. ney conl~cc~on, ren~acion, reltort~ion and Tangible personal property, ~nc~uding ~C no~ ~ed ~o of~ce tU~lh~gl or e~p~nc, pe~nenC collec~onl or ~ndiv~dual pistil of In~erel~, or reduction o~ deficiCl or loanl. penlee lncvrred or obliga~ed prior ~o or after ~ro- Jec~ ~u~dl~g per~od. Prize ~ey, Icholarlhtpl, ivardl, pla~el, o~ ~tlca~el. h. Tr~vel nsc allOC~iCed d~rec~ly v~h i. Pro~ec~l vhich are relcr~c~ed ~o private or exc~u- live parcic~pa~on excep~ for inv~caCio~al vhich re.ire a pre~alifLcac~on ct parC~c~panCl through pro~en ab~l~y to generate hotel n~gh~l during the ~aplei' area Ihoulde~ J. Private en~erCa~enC, food or ~veragel except lnvicacional evenCl ~tch re.ire ~ ~on o~ parc~cipa~l through preen abil~cy co e~ate hc~el r~ ~tgh~l dvr~ng the ~aplel' Ire~ shoulder lesion. k. ~aki~g p~encl for goodl or le~icel purchlled for previoul or other 1]. ~~: ~y changel in the proJec~(l)/ac:~v- ~c~[~el) luch al pro, icc d~el, key pa~ictpanCl, a~ ~d~e~ rev~l~Onl ~iC be I~ed firl~ ~o the T~ril~ Co~c~l lnd ~hen Co Chi ~oard of Co~y C~ll~onerl for conlideraC~on, I~roval and con~ac~ a~t ~ ~he ~oard. appl~cable. 14. P~OTTON~ ~: All pr~Cional ~cerialo. including bu~ no~ limited ~o ar~rk, brochures. ~f~ers. and promc~ion~l i~emo, shall be approved by ~he ~C before articles are prin~*d, IS. The Tourism 6ran~ Pr~ram 6uidelineo. Gra~: ~ion. and Com~rac~ Admlflis~ra~ion ~uidelineo are herein by ~his reference. G~E shall c~ly vi~h JAN - 4 - merits included l,~ Cbs ~ docu~nts as if s~me had ~tn s~ ~ verba~is betels. c~ively. ~ aa au~ho~ised ~r~oa o~ a~eat, lere~de~ se~ theiw hands and seals on ~e date sad ~az ~lze~ a~e ~iCCen. ~aplen Area A,co.~.m,odaciona Association. :nc. (coxTora~e eetl! -So COLLIER COUNTY TOURIST DEVELOPMENT COUNCIL GRANT APPLICATION Submitted by the NAPLES AREA ACCOMMODATIONS ASSOCIATION November 1, 1996 AGE,iDA ITE~I JAN - 7 19~7 Collier County Tourist :Development Council Grant Application Funding For Category B (Promotion and Advertising of'Tourism in Collier County) and Category C (Local Projects and/or Activities which Promote Tourism in Collier County) Completed applications must be received at the below address no later than 5:00 p.m. November 1, 1996. Administrator Collier County Tourist Development Council County Manager's Office 3301 East Tamiami Trail Naples, Florida 34112 Name and Address of'Applicant Organization: Naples Area Accommodations Association Post Office Box 111195 Naples, Florida 34101 Contact Person, Title, and Phone Number: lira Gunderson President, Naples Area Accommodations Association (941 ) 261-2222 Organization's Chief O~cial and Title: Jim Gunderson President, Naples Area Accommodations Association (941) 261-2222 Is this an application for Category B (Promotion and Advertising of Tourism in Collier County) or Category C (Local Projects and/or Activities which Promote Tourism in Collier County)? Category B How much TDC funding is your organization requesting? Of the 25% of category B funds available (approximately $1,023,430), t~'~'~j~a I~F~M requestinl~ $489,058. j N,) I~ (-~, i JA I - ? 1,qg? Briefly describe program including: -Your organization's capability to promote Collier Counv7 as tourist destination. See Exhibit "A" -Geographic toms of promotion, i.e. Collier Count,, Marco Island, Everglades, etc. See Exhibit "A" Applications must be accompanied by the following: a) Verification ofnot-for-profit status See Exhibit "B" b) c) d) e) Last fiscal year financial statement See Exhibit "C" Incorporation paper unless specifically waived by TDC See Exhibit "D" Detailed line item budget for program for both revenues and expenses See Exhibit "E" Detailed description of proposed plan See Exhibit "E" A marketing plan may be substituted for items d and e above (included in Exhibit "E") Category C projects and activities which promote tourism should have an emphasis on the 'shoulder and off season" of May through November. What is the scheduled date(s) for your projecttactiviry? Not applicable Discuss how your organization will measure the number of visitors attracted and the number of' room nights generated by your event. Not applicable 10. Category C Selection Criteria: Not applicable AGENDA ITEM, No.~ JAN - ? 1997 pg._ C~ I have read the Tourism Grant Program guidelines and criteria and Resolution No. 93- and agree that my organization will ~lly comply with the guidelines and criteria and ResolUtion No. 93-~. Signatu.re of Organization's Chief Date: November 1, 1996 AGENDA ITEM JAN -7 1997 P~.. /~ EXHIBIT A PROGRAM DESCRIPTION NAPLES AREA ACCOMMODATIONS ASSOCIATION ORGANIZATIONAL PROFILE & CAPABILITIES A volunteer coalition of tourism orgmizations has dedicated itself to providing expertise, experience and leadership to Collier County's Tourist Development Counc'd-funded destination marketing program since its inception. This cooperative industry-wide approach has resulted in a cohesive marketing effort that has achieved its goal of attracting visitors to Collier County in the spring, summer and fall seasons. Collier County's southern half, i.e., Marco Island and the Everglades, is represented by the Marco Island and The Everglades Convention & Visitor Bureau (MICVB). Representatives of'the Marco Island Area Chamber of Commerce, three island properties, an attraction and the board of' Realtors form the volunteer organization. Collier County's northern half, i.e., East Naples, Golden Gate, Immokalee, Naples, North Naples, Vanderbilt Beach and the adjacent unincorporated areas of Collier County, has been represented by the Naples Area Tourism Bureau (NATB), an autonomous arm of the Naples Area Chamber of Commerce. As the NATB has evolved, it has become evident to the Naples Area Chamber of Commerce and the tourism industry that an independent organization representing a broader spectrum of the tourism industry would more effectively and efficiently represent the interests of the greater Naples area. In order to maintain continuity and expand representation a new entity, to be called VISIT NAPLES, has been created under the auspices of Naples Area Accommodations Association (NAAA). NAA.~ a non-profit organization, is applying for Category B marketing funds for the greater Naples area. The TDC funded marketing program will be guided by the same group of tourism industry leaders that have been directing the program for the past three years. Consistent with the structure of the NATB, VISIT NAPLES will represent the Naples Area Accommodations Association, Naples Visitors' Bureau, Golden Gate Area Chamber of Commerce, Immokalee Area Chamber of Commerce and Naples Area Chamber of Commerce. In addition, the VISIT NAPLES Board of Directors will be expanded to include representation fi.om Naples area retail, restaurant, attractions and travel industries. VISIT NAPLES will continue to work closely with MICVB on tourist tax funded programs. The marketing strategies documented in exhibit "E" illustrate how the proposed program will continue the momentum that has been achieved to date resulting in a destination marketing program that achieves highly positive and measurable results. In conclusion, this broad-based collection of tourism industry professionals continues to offer Collier County the best opportunity to maximize the potential of the promotion~cl'o-lT'ar,~l~l~l~q, EM The marketing strategies were developed in concert with each other to benefit ~he err~¢ count)'/~ I JAN - 7 NAI~LES AREA ACCOMMODATIONS ASSOCIATION 1996 Board of Directors .run Gunderson Naples Beach Hotel & Golf Club President Brian 5¢homacker Vanderbilt Inn on the Gulf Carole Nerone Cove Inn Resort & Marina Debi DeBenedetto The Olde Naples Inn Don Corcelli Bluebill Vacation Properties Joseph Dinunzio Jane Edwards Inn at Pelican Bay Edgar West The Ritz-Carlton, Naples Kevin Durkin Quality Inn. C-off& Country Club I VISIT NAPLES BOARD OF DIRECTOP~ lohn A~es Naples Visitors' Bureau The EdgeWater Beach Hotel Joe Dinunz~o NAAA Query Inn Gulfcoast Kevin Durkin NAAA Quality Inn Golf & Country Club ~m Grisham Super 8 Motel Golden Gate Chamber of Cornmerce .~udy Keller Executive Director Naples Area Chamber of Commerce Garvin O'Neil Naples Visitors' Bureau LaPlaya Beach Resort Nancy lane Tetzlaff' Attractions Industry Caribbean Gardens Zoological Park Serry Thirion Naples Visitors' Bureau The Registry Resort Hotel Industry Representative To be determined Hotel Industry Representative TO be determined Retail Industry Representative To be determined Restaurant Industry Representative To be determined Transportation Industry Representative To be determined Tammie Matthews Managing Director A~C~DA ITEM, JAN - 7 1997 GEOGRAPHIC: FOCUS The program proposed for Tourist Development Council funding focuses on the greater Naples destination including the following areas: · Vanderbilt Beach · Nonh Naples * Naples · Golden Gate · East Naples · Immokalee · adjacent unincorporated areas otrCollier County Individually and collectively, the tourism industry has invested millions of dollars and thousands of staff hours to promote the destination of"Naples, Florida." Members of the Naples Visitors' Bureau and Naples Area Accommodations Association currently invest more than $8.5 million annually in cooperative sales and marketing activities, individual advertising campaigns and sales programs to promote Naples internationally and domestically. In-kind contributions from member organizations are estimated at $500,000 annually. Tourist tax collections from properties in this region will build upon a solid foundation and continue the forward momentum that has been achieved to date. JAN - ? 1997 rg._ ~ EXHIBIT B VERIFICATION OF NOT-FOR-PROFIT STATUS AGENDA ITEJ~t JAN - ? 1997 . FILE NOW: FILING FEE IS ,61.25 cNONPROFIT ~ ih, OmO& D~P),mUEN! OF ~Tq[ OR'RATION ~ ~ ~ a ~ ~NUAL REPORT Sec,e,,~ o' S,,,e 1996 o,~s,~, ~ c~,',~ DOCUMENT # N93000002260 (8) 1, C~'C)CXilll,O~ Name NAPLES AREA ACCOMMODATIONS ASSOCIATION~ INC. C/O Carole Nerone NAAA COVE INN PO BOX 11195 NAPLES FL 33940-11195 ~ O' BU$,~SS Ma,brig AOO'eSS ~e. Apt I. IIC ~dl Apt I. ItC C.~y ~ ~a~e C,y & Z~D I. Nim~ Ihd Addfell of Cunlnl Jim Gunderson c/o Naples Beach Hotel 851Gulfshore B1vd N. Naples FL 33940 3. )mco, po~atff o~ O~l.fiKi I LISI ~1 05/17/1993 0611311995 65-0424842 FL 1:3e'~1 $1atutes tr~ it:ovf.~l~C~ co~x)~It<~'', ~s iL,S Slat~~ f~ t~ ~ ~ c~ ~ I~?~ 617 0503. FIF,OI ~lalute% :,~t~ DV ,2,M Durkin ','~ Brian Shumacher ,~p~p~= ,60 Tollgate Blv~ i,.fp~ 11100 Gulfsho ,,~,.s~.~ ~les ~ 33942 Ct~' SI.~ t ~ Jim Gunderson ~u~ 280 Vanderbilt Beach Rd s,..,.0~ ; Gulfshore Blv~ N. c.,, s, ~ ~les FL 33940 ~,LE DT ~ Carole Nerone 3;~ ~bi ~Benedetto s~,=~ 1191 8th Street GO ::s~u~G ~329 9th Street N ~,,. s~ ~ FL 341 ,~ Jane Edwards ,2~ Corcelli s,q,~ ) Vanderbilt Beach Rd 4~sT~[~ )60 Gulfshore Blvd )les FL 33963 C,~v SI ~ S hlk[ D S2NM NO. .~ 3oe DiNunzio s,.[.~= 255~ N Tamiami Trail c,,, s~ ~, Naples FL 33940 s,~p~ Lizette ~aftn - ' EXHIBIT C FINANC~L STATEMENT ~'~GENDA ITEM. JAN - ? 1997 a ~ T. MONGILLO, P.A. 501 GOODLETTE ROAD BUILDING D, SUITE 22 NAPLES, FL. 33940 ACCOUNTANT'S COMPILATION REPORT Board of Directors Naples Area Accommodation Association, Inc. 851 Gulfshore Blvd..North Naples, Fi. 33940-9990 ! have compiled the accompanying statements of assets, liabilities, and equity-modified accrual basis of Naples Area Accommodation Association, Inc. as of December 31, 1995, and the related statement of revenue and expenses-modified accrual basis for the year then ended, in accordance with standards established by the American Institute of Certified Public Accountants. A compilation is limited to presenting in the form of financial statements information that is the representation of the management. I have not audited or reviewed the accompanying financial statements and accordingly, do not express an opinion or any other form of assurance on them. Management has elected to omit substantially all of the disclosures ordinarily included in the financial statements. If the omitted disclosures were included in the financial statements, they might influence the user's conclusions about the Association's assets, liabilities, equity, revenues, and expenses. Accordingly, these financial statements are not designed for those who are not informed about such matters. Ron Mongillo Certified Public Accountant May 1, 1996 AGENDA ITEM. JAN - 7 1997 UNAUDITED A~SETS, LIABILITIES & CAPITAL-NAPLES ACCOM. ASSOC. As of 12/31/95 ASSETS CURRENT ASSETS~ Cash-Checking $ 1,199.72 Cash-Money Market 13,661.90 Cash and Short-Term Investmntl $ 14,861.62 TOTAL CURRENT ASSETS 14,861.62 FIXED ASSETS~ TOTAL FIXED ASSETS, NET OTHER ASSETS: Organization Costs Acc. Amort. - Org Costs TOTAL OTHER ASSETS $ .00 .00 $ 744.00 (397.00) $ 347.00 TOTAL ASSETS $ 15,208.62 UNAUDITED ASSETS LIABILITIES & CAPITAL-NAPLES ACCOH. ASSOC. As of 12/31/95 LIABILITIES AND STOCKHOLDERS EQUITY CURRENT LIABILITIES Federal Income Tax Payable State Income Tax Payable TOTAL CURRENT LIABILITIES $ 1,363.00 218.00 1,581.00 LONG TER~ LIABILITIES TOTAL LONG TERM LIABILITIES STOCKHOLDERS EQUITY= Retained Earnings Net Income (Loss) TOTAL STOCKHOLDERS EQUITY $ 6,259.00 7,36B.62 $ ..~GENDA~I~M ~ JAN - ? 1997 13, TOTAL LIABILITIES AND EQUITY $ 15,208.62 UNAUDITED REVENUE & EXPENSES-NAPLES ACCOF~4ODATION ASSOC. Periods 01/01/95 to 12/31/95 REVENUESt Hemberships Trade Show Magazine Advert. Commission Luncheons GROSS REVENUES OPERATING EXPENSESt Corporate Annual Fee Education & Seminars Legal & Professional fees Management Fee Neet~ng Expense News Letter Postage & Freight Trade Shows Amortization TOTAL OPERATING EXPENSES NET OPERATING INCOME [LOSS) OTHER INCOME (EXPENSE)~ Penalties Interest Income TOTAL OTHER INCOME (LOSS) Reporting-period amount Ratio Year-to-date amount R $ 1,375.00 7.20 1,645.00 8.62 16,034.98 84.00 35.00 .18 $ 19,089.98 100.00 $ 1,375.00 7.20 1,645.00 8.62 16,034.98 84.00 35.00 .18 $ 19,089.98 100.00 $ 155.00 .81 $ 155.00 .81 917.00 4.80 917.00 4.80 675.00 3.54 675.00 3.54 4,981.90 26.10 4,981.90 26.10 696.11 3.65 696.11 3.65 1,200.00 6.29 1,200.00 6.29 64.65 .34 64.65 .34 1,453.60 7.61 1,453.60 7.61 149.00 .78 149.00 .78 $ 10,292.26 53.91 $ 10,292.26 53.91 $ 8,797.72 46.09 $ 8,797.72 46.09 $ (62.00) .32- $ (62.00) 161.90 .85 161.90 .85 $ 99.90.52 $ 99.90.52 State Income Tax Expense Federal Income Tax Expense FEDERAL & STATE INCOME TAXES $ 218.00 1.14 $ 218.00 1.14 1,311.00 6.87 1,311.00 6.89 $ 1,529.00 8.01 $ 1,529.00 8.01 NET INCOME (LOSS) 7,368.62 38.60 $ 7,368.62 38.60 hOtl'~OA ITEM I - 7 199 , EXHIBIT D INCORPORATION PAPERS AGE:NO A ITEM JAN -7 1997 PB.~ I certify the attached is a true and correct copy of the Articles of.Incorporation of NAPLES AREA ACCOMMODATIONS ASSOCIATION, INC., a Florida corporation, filed on May 17, 1993, as shown by the records of this office. The document number of lhis corporation is N93000002260. CR2EO22 (2-g*l) ~im ~mitl1 , AN - 7 1697 ~ette~re ~ ~tate . ~ '". IL NAPLES AREA ACCO~L~ODATIONS ASSOCIATION, INC. ..: .. (A Corporation Not for Profit) We, the undersigned, with other persons being desirous of forming a corporation for the purpose of promoting the travel and hospitality industry in Naples, Florida and specifically, the Naples area as a destination, under the provisions of Chapter 617 of the Florida Statutes, do agree to the following: The name of this corporation is NAPLES AREA ACCOMMODATIONS ASSOCIATION, INC.. The corporation is organized exclusively for the purpose of operating as a business league within the meaning of Section 501(c)(6) of the Internal Revenue Code of 1986, including, for such purposes, the making of distributions to organizations that qualify el exmmpt organizations under SICtion 501(C)(3) of said Code (or the corresponding provision of any future United States Internal Revenue law). In particular the corporation shall provide for promoting the travel and hospitality industry in Naples, Florida. Notwithstanding any other provisions herein corporation shall not carry on any activities not perm carried on: the ~o..L~ JAN - 7 1997 By an organizati~n exempt, from federal income tax under Section S0lCa) of the Internal Revenue Code of 1986 as an organization described in Section S01(c)(6) of such Code. The membership of this corporation shall constitute all persons hereinafter named as subscribers and such other persons as, from time to time hereafter, ~ay become members, in the manner provided in the Bylaws. Te~m of Existence This corporation is to exist perpetually unless terminated by two-thirds vote of its directors. The name and residence of =he subscriber to these Articles are: Randy Goodell 820 100th Ave., North Naples, FL 33963 Section 1. The officers of the corporation shall be a President, a Secretary, a Treasurer, and such other officers as may be provided in the Bylaws. Section 2. The names of the persons who are to serve as officers of the corporation until the first =eeting of the Board of Directors are: '2 AGEI)IpA FF~ ~ JAN - 7 1997_ President Vice-President Treasurer Secretary Randy =oodsll Jim Gunderson Lisstte Chaffin Carols Nerone Section 3. The officers shall be elected at the annual meeting of the Board of Directors or as provided in the Bylaws. Board off Directors Section 1. The"business affairs of this corporation shall be manaqed by the Board of Directors. This corporation shall have nine (9) directors initially, who shall be elected annually in December, unless changed by the Bylaws. The number of directors may be increased or decreased from time to time, by ~he Bylaws, but shall never be less than three nor more than eleven. Section 2. The Board of Directors shall be members or representatives of members of the corporation. Section 3. Members of the Board of Directors shall be elected and hold office in accordance with ~he Bylaws. Section 4. The names and addresses of the persons who are to serve as directors for the ensuing year, or until the first annual meeting of the corporation, are: 3 AGENDA ITFJVI. JAN - ? 1997 Randy Goods11 Jim Gunderson Caro~e ~erone Joe Dinunzio Debi Vavrina Don Corcelli Edgar West 820 100~h Ave. North, Naples; FL 33963 Naples Beach Hotel & Golf Club 851 Gulf Shore BIvd.N., Naples, FL33940 Cove Inn 1191 8th S~. S., Naples, FL 33940 Quality inn Gulfcoast 2555 N. Tamiami Tr., Naples, FL 33940 ~uper 8 ~otal ~880 Tollgate Dr., Naples, FL 33942 La Playa Beach & Racquet Inn 9891 Gulf Shore Dr., Naples, FL33940 Bes~ Western Inn of Naples 2329 9th St..N. Naples, FL 33940 Blue Bill Properties 9060 Gulf Shore Dr., Naples, FL33940 Ritz Carlton 280 Vanderbilt Rd., Naples, FL 33940 Section 1. Th~ Board of Directors of this corporation may provide such Bylaws for the conduct of its business and the carrying out of its purposes as they nay deem necessary from time to ~ime. Section 2. Upon proper notice, the Bylaws may be amended, altered or rescinded by a two-thirds vote of those ne~bers of ~he Board of Direc~ors present at any regular meeting or any special meeting called for that purpose. '4 AGENDA ITEM. JAN - ? 1.q9 Section 1. These Ar~icle~ of Incorporation may be amended at a special meeting of the membership called for that purpose, by a two-thirds rots of those present. Section 2. Amendments may also ba made at a regular meeting of the =embership upon no, ica given, as provided by the Bylaws, of intention to s~mit such amendments· The initial location of this corporation shall be c/o Park Shore Resort, 600 Neapolitan Way, in the City of Naples, Coun=y of Collier, S=ate of Florida 33940. The Directors may choose to move the location of the corporation from time to time es they see fit. Section 1. No par~ of the net earnings of the corporation shall inure to the benefit of any individual or member. The amoun= of the yearly dues payable by members shall be such amount as may be determined from time to time by the Board of Direc=ors. ARTICLE XIII Powers '5 No./!'/~ ~ JAN - 7 1697 In order to promote the ~urposes of ibis corporation, it =ay acquire property by grant, gift, purchase, devise or bequest, and h'old and dispose of such proper~y as the corporation shall require for the benefit of the members and no2 for pecuniary profit. Section 1. The annual meeting for the election of members of 2he Board of D~.rectors shall be held as may be provided in the Bylaws. Section 2. The corporation may provide in its Bylaws for the holding of additional regular meetings and any special meetings, and shall provide notice of all such meetings. Dis=ribu~io~ off Assets uDo~ Dissolu~o,i No person, firm or corporation shall ever receive any dividends or profits from the under~aking of this corporation and upon dissolution of this organization, all of ~2s assets rema£ning after payment of all costs and expenses of such dissolution shall be dis=ributed to organizations which have qualified for exemption under applicable provisions of the Internal Revenue Code, or to the Federal government, or 2o a State or local government, for a public purpose, and none of ?.he aksets ~ill be distributed to any member, officer or trustee of this corporation. ]~ecis=ered Aaen~' The street address of the ~n~t~al registered off '6 AGF~J~ID~ A. IT~I~ JAN - 7 S997 =his corporation £s c/o Pa~k Shore Resor~, 600 Neapolitan Way, Naples, Florida 33940, and the name of the initial registered agent of this corporation at that address is Randy Goode11. IN WITNESS WHEREOF, I, the undersigned subscribing incorporator, have hereunto set my hand and seal th~s ~day of ~, 1993, for the purpose of forming this corporation not for profit under laws. of the State of Florida. STATE OF FLORIDA COUNTY OF COLLIER Before me, a Notary Public duly au~hor£zed in the state and county named above to take acknowledgments, personally appeared Randy Goodell to me known to be ~ha person described as subscriber in and who executed the foregoingArt~cles of Incorporation, and he acknowledged before me that he executed and subscribed to these Articles of Incorporation. Witness =y hand and official seal £n the County and this _~ day of ~, ~&_ , 1993. State named above My Co~mission Expires: Notary Publi. - / - -7 AGENDA ITEM. JAN - 7 1,997 Pg.,,,, ~ I In pursuance of ~hapter 4S.091, Florida Statutes, the follovinq is submitted, tn compliance, vtth said Act: First--That RANDY GOODELLdesir£ng to organize under the lavs of the State of FLORIDA vith its principal office, as indicated in the Articles of Incorporation, at City of NAPLES, County of COLLIER, State of FLORIDA, has named RANDY GOODELL, located at 820 lO0th Ave., North, City of NAPLES, County of COLLIER, State of Florida,: as its agent to accept service of process vithin this State. ACKNOWLEDGEMENTS: Having been named to accept service of process for the above-stated corporation, at place designated in this cez~cificate, I hereby accept to act in this capacity, and agree to comply with the provision of said Act relative to keeping open said office. RAND Agent AGENDA ITEM JAN - ? t997 EXHIBIT E MARKETING PLAN AND BUDGET AGENDA JAN - ? '1997 PROPOSED MARKETING PLAN OVERVIEW The coalition's efforts have significantly increased off-season tourism to the Naples area. Beginning in 1994 with the first destination advertising campaign, the area experienced an overall growth of 3.4 percent with an almost 8 percent increase in international tourism. In 1995, the area again experienced notable growth in summer tourism, this time reflecting a 17 percent increase in international visitors. Prelin~nary summer figures for 1996 show an increase of 21 percent of these lucrative international guests. Naples continues to be a prime topic for feature travel stories. Ecotourism and goff'are favorite topics which gives Naples a competitive edge over destinations such as Orlando and Miami. Naples garnered the following accolades in the first few quarters of the year: · From January to June 1996, Naples has been the subject of 144 feature travel articles reaching more than 17 million potential visitors. At last count in September, 54 journalists had visited the area to research feature travel articles while an additional 61 journalists requested in-depth information about the destination. · By comparing copy coverage to advertising rates, Naples generated more than :5;140,000 in coverage in the six months from January to June. Articles that highlighted Naples were featured in the Washington Post, Modern Bride, Boca Raton News, Daily Telegraph, SunckO, E. xpress and Glamour Magazine. The Glamour article alone generated more than 1,000 requests for information about our simply charming city. Public relations efforts for Naples were well accepted by journalists bom around the globe: In January, Naples was the number one choice for a media excursion following a convention of the Societ7 of American Travel Writers (SATW), the most prestigious organization of journalists. Naples hosted nine writers for three days. · In May, the greater Naples area partnered with Lee County to bring 17 German journalists to the area through a regional press excursion sponsored by LTU International Airways. In the fall, the Naples tourism industry partnered again with Lee Count), and Delta Air Lines to bring five more German journalists to the area as well as with American Ea le Airlines to host five British journalists. · The coalition garnered almost S30,000 in in-kind donations, just for these four major press excursions to the area. The increase of advertising monies made available through the windfall tax dollars did significantly expand awareness of Naples as a premier destination: Almost 50 million readers were targeted through an extensive destination advertising campaign. ]:or the first time, readers in Brazil and Argentina learned about Naples through eye-catching advertising which accentuated Naples' pristine beauty. · More than S0,000 consumer phone calls have been generated by the advertising strategy through September 1996, which is an increase of 22 percent over 1995 figures. * To date, 126,150 brochures have been distributed in response to the advertising campaign as well as through targeted trade shows and state-operated visitor centers. A special in-state campaign included a 10-second television commercial that resulted in almost 900 phone inquiries in three months. Tampa and Orlando markets were targeted for the ads based upon Naples' hotel occupancy records. The tourism industry continues to receive support from both the Naples Area Chamber of Commerce and the Golden Gate Area Chamber of Commerce in operating ~ull-staffed and knowledgeable visitor centers. The NACC opened in December and in July welcomed its 100,000~' guest. In the meantime, the GACC is expanding its facilities to include a new 24-hour informational directory service. The Naples Area Chamber of Commerce improved its fulfillment services by sta~r~g the toll-free telephone lines ~th Naples area residents. The coalition also made ku'oads to developing tourism interests in ImmokaJee. In August, a prototype Seminole Indian rodeo and barbecue were organized for 40 German guests. The event was underwritten by LTU International Airlines in the hopes that Immokalee can maintain the rodeo as an ongoing tourist attraction. In summary, the ~'eater Naples area tourism industry continues to produce measurable results in attracting seasonal visitors throughout the spring, summer and fall. By combining community services and tourism efforts under one umbrella, the coalition is stretching the available dollars w~thout costly staff'or overhead expenses. VISIT NAPLES unites Collier County's hospitality, tourism, attractions, retail and restaurant industries in an effective pannership. AGENDA ITEM,, JAN - 7 1997 PROGRAM GOALS AND OBJECTIVES Although Collier County's tourist tax funds continue to increase, available promotional funds are limited when compm-ed to competing destinations. Therefore, a primary goal of the promotional program for the destination is to use funding as effectively as poss~le; that is, to get the biggest bang for the buck. By conducting appropriate research, targeting specific audiences and implementing proven strategies, the industry has successfully conducted a tourism development effort that has achieved measurable results. Since 1994, the program's focus has been on creating an awareness of Naples as a vacation destination. During 1 ~97, that effort will continue but the focus will shift somewhat eom awareness to action. The goal for 1997 is to increase domestic visitors by a minimum of five percent (5 %) and international visitors by 10 percent (10%). This will be accomplished through advertising in targeted publications, continued efforts with travel agents and tour operators and an aggressive media relations program. VISIT NAPLES continues to foster a solid working relationship with regional tourism development panners including the Lee Island Coast Visitor & Convention Bureau, the Lee County Pon Authority and the Marco Island and The Evergiades Convention and Visitor Bureau, as well as restaurant, retail, accommodations and attractions associations in the region. Examples of these efforts include sharing joint space at international trade shows and joint press excursions. The proposed 1997 budget includes a line item for professional marketing research services to compile the Naples Area Accommodations Association monthly surveys. This occupancy data has been instrumental in determining the focus of ongoing advertising and promotional efforts. In addition, a more extensive, qualitative research effon will be launched to determine information such as how visitors learned of the Naples destination, from where they've come, and how they traveled to Naples. We expect that the program outlined below will produce continued growth in both total room nights and total revenues during 1997 and beyondl AGENDA ITEM. NO._~...~.~ JAN - ? PROGRAM DESCRIPTION Advertising Strategies The objectives of the 1997 advertising program, which is being implemented with previously awarded windfall tax dollars and supplemented with funds included in this proposal, are broadly defined as follows: · Expand awareness ofthe Naples area as a uniquely multi-dimensional destination with activities and interest for every visitor. · Increase total visitor traffic in off-peak times through targeted placement ofadvenislng. · Maintain and improve the area's excellent repeat visitation rate. · Increase the duration of stays by more aggressively selling all the area's many recreational opportunities. · Sustain awareness ofthe Naples area among U.S. travel agents and continue to educate this group about the wide variety of vacation experiences offered. · Expand the reach to consumers in our top three international markets: Germany, the United Kingdom and Latin America. · From 1994 through 1996, advertising supported the effort to create an awareness of the Naples area as a holiday destination. In 1997, the approach will be to convert that awareness to a motivation to visit the destination. Three different ads are being developed with the themes ofeco- tourism/environment, golf and family/beach. Ads ~. ;il be selected and placed based on the audiences reached by specific publications. The domestic advertising effort will include placements such as the following: Four-color travel brochure ads in eastern editions of USA Today in March, May and lune; four-color travel directory ads in USA Weekend Magazine in 339 markets in the spring; a four-color ad in Golf DigestYCn'eat Southeast; and travel brochure ads in spring issues of Manha Stewart Living. In addition, several cooperative advertising ventures with the Florida Tourism Industry Marketing Corporation 0rrlMC) are proposed, including placement in upscale women's magazines in the spring, and four-color brochure ads and advenorials in both major northeastern daily newspapers in March, and in Florida daily newspapers in April. A direct mail effort via charge card inserts and advertising in travel trade publications also are included in the proposed schedule. AGENDA ITEM_ JAN - ? 1997 In the Unhed Kingdom, advertising is planned in travel, golfed travel trade mag~nes and in daily newspapers tl~'ough a FrlMC cooperative pro,'am. Implementation of the FHMC cooperative prol~'am ~Iso is pl~ned for Latin Americ~ ~ are placements in upsc~e Argentine con,met mag~ines ~d L~tin Americ~ travel trade public~.tions. Advertising in the German market will concentrate on consumer magazines with half-page, four-color ads. The proposed advertising schedule concentrates appro~dmately 55 percent of the advertising budget in the dome~c market, 13 percent in the ~ 18 percent in Germany, 12 percent in Latin America and 2 percent in worldwide media. Public Relations Strategies Ongoing work with travel editors and freelance travel writers has established a strong network that generates positive coverage about the Naples vacation destination both domestically and internationally. This eft'on will continue with the following types of activities: Regional meCia excursions that bring qualified freelance journaUsts and reporters to Naples. Itineraries will continue to emphasize the range of recreational activities and value-oriented amerdties found during the spring, summer and fall. In-depth quarterly news releases that promote new activities, attractions, services and promotions available within the Naples Area. The news releases are distributed to approximately 200 editors every th,-ee months, placing Naples in the forefront on a regular basis with 100 of the top newspapers around the country as well as travel and lifestyle magazines and independent journalists. An ongoing series of news releases on the destination, i.e., honeymoon vacations, eco-tourism adventures, beach renourishment, etc., will be generated as appropriate. Joint international media promotions with the Lee Island Coast VCB will encourage regional travel stories and take advantage of journalists' proximity in Southwest Florida. Research on editorial calendars of targeted magazines and newspapers to take full advantage of possible travel features about the Naples Area. Personal calls to editors of key national, magazines are planned to explore all opportunhies. Distribution of comprehensive press kits at trade shows attended by Naples area tourism representatives. When possible, interview appointments with selected media sources will be made in advance. AGENDA ITEN~ · JAN - 7 1997( A photo shoot-out is planned for April 1997; 10 to 12 ofthe leading travel photographers in North America will spend a week shooting Naples to generate photos and photo essays that the photographers will place with travel publications. In addition, their work will be made available to the coalition at reasonable rates for promotional purposes. The coalition will continue to aien the Naples community to partnership and publicity opportunities through: Publication ofthe quarterly newsletter, "Welcome News," distributed to 500 community leaders and tourism-related businesses. Presentation of the tourism development program to local businesses and community groups such as the Florida Restaurant Association, Southwest Florida Attractions Association, Naples Area Chamber of Commerce and ~olden Gate Area Chamber of Commerce. Authoring a bi-weekly column for the Naples Daily News business section to provide continually updated coverage of tourism issues, trends and news. Public relations continues to play an integral role in con~rming Naples as a premier summer destination. The actions outlined above assure that journalists, and consequently individual travelers, will learn about our "simply charming" city. Collateral/Media Materials Now in its fourth season, the 16-page visitor's guide will be updated, expanded and reprinted in Germa~ English and possibly Spanish with updated hotel listings, environmental adventures, shopping and attractions information and a map. The smaller rack brochure has been a successfid tool for meeting planners and travel agents and will continue to be distributed at trade shows, for incentive group requests and as a response to other appropriate inquiries. To date, more than 60,000 mini-brochures have been circulated. Press kit materials will be updated as necessary and translated as appropriate. In addition, the coalition continues to maintain: a clipping service to monitor media coverage resulting fi.om this pre follow-up activity with the inquiries generated. a library of 35 mm color slides, suitable for publication in magazines, newspapers and travel guides. The coalition proposes an expansion ofthis resource so that photography can be made available to tour operators publishing catalogues that include Naples as a destination. "' AGENDA ITEM _ JAN - 7 lgg7 letterhead, envelopes and m~ing materials featuring the "simply charming" logo. destination banners with the "simply channing" logo to be used by individual properties at trade shows. selected promotional items to be used in media excursions or travel agent familiarization trips. a "coupon" book to be used as a companion piece to the visitor's guide and offering incentives for recipients to visit Naples and patronize participating establishments. Trnvel Agent Relations The travel agent relations program welcomed agents fi.om Brazil, ClSle, Italy, Germany, Great Britain and Argentina. SDR Radio in Baden-W0nemberg, Germany, included a radio talk show host who recorded three hours of program interviews wl~ch air to an a~quent audience in southwest Germany. The coalition recognizes both the impact and the potential of travel agents in increasing tourism during the spring, summer and fall periods. International travel agents, whose clients travel during .luly and August, play an even more important role. Work will continue to increase the number of familiarization trips organized for qualified travel agents from targeted markets. These trips provide the opportunity for agents to exT. erience Naples first-hand and therefore sell the destination more effectively. A formal destination presentation will be developed as a sales and educational tool for travel agents visiting Naples. In addition, plans are underway to participate in a Destination Ceniflcation Program designed to develop product knowledge of'Naples within the United Kingdom travel agent market. Travel Trade Shows In 1996, the greater Naples area was represented at six travel trade shows, both domestically and internationally. Cooperative efforts between the Southwest Florida International Airport and Naples Area properties and attractions were offered as a way of providing greater representation and visibility for the destination. The proposed 1997 Trade Show Schedule focuses on the markets that continue to grow in numbers for the destination as well as on the emerging markets for the greater Naples area. Trade Show requirements have been established to provide an attractive, uniform booth set-up as well as standards for those individuals representing the destination. In addition, press opportunities will be sought out when attending trade shows and supportive advertising will be implemented. AGENDA JAN -7 ~lanuary 22.24 January 18-26 March 8-12 March May November 199'/Proposed Trade Show Schedule Florida Huddle (Fort Lauderdale, Florida) ClVlT (Stu. gaH, Germany) IT'B (Berlin, Germany) Visit USA (Argentina and Chile) Miami Expo (Miami, Florida) World Travel Market (London, England) Fulfillment Program Strategies A highly professional and coordinated fulfillment program is critically important to the TDC's destination marketing program. Through the Naples Area Chamber of Commerce, each inquiry generated by the marketing program is handled professionally, efficiently and conscientiously. The Chamber's fulfillment program, which is detailed in a separate proposal application, includes the implememation ora toll-free telephone system with multiple domestic and international lines. The system is staffed by trained and qualified Collier County residents who respond to all inquiries with accurate and updated information. The comprehensive destination guide is mailed to each inquiry within 48 hours of the initial phone call. The Naples area tourism industry will work closely with the Naples Area Chamber of Commerce to continue to develop the destination fulfillment program for the greater Naples area. AGENDA ITE,,M. JAN - 7 1997 PROGRAM EVALUATION In 1997, a more formal research system will be established to monitor the results of this promotional and marketing program. This research project can provide the demographic data base needed to refine future programs through visitor interviews and the collection of data on the number and source of inquiries, bookings and points of origin. Revenues generated by the TDC=funded program will continue to be monitored with results of the entire evaluation monitoring program reported to the Tourist Development Council in quarterly summaries. The new Florida Tourism Industry Marketing Corporation ~C) Florida s'tatis~ics will be used as a comparative. This new public/private sector initiative, as signed into law by Governor Law, on Chiles, will be used to the fullest extent in all aspects of program evaluation and participation. TOURIST DEVELOPMENT COUNCIL CONTROLS VISIT NAPLES will continue to provide the TDC with comprehensive status reports on all facets of the promotional program and will work closely with the TDC to ensure that all efforts are consistent with other TDC programs as they are developed FL'NAN~ CONTROLS VISIT NAPLES, through the NAA.~ will provide budget update summaries to the county budget off~ce on a monthly basis. A detailed 1997 marketing budget is included in this proposal. AGENDA ITEM No.~ JAN - 7 Pg. ~// BUDGETARY CONSIDERATIONS Tourist Development Council Funding Request Based on coUecfions ~om November 1990 through November 1991, it is estimated that Naples Area properties contribute approximately 64 percent of the tourist taxes collected in Collier County. VISIT NAPLES requests that 60 percent of the funds earmarked for promotion continue to be allocated to the greater Naples area program outlined in this proposal. Amount available for 1997 grants Per the Collier County Budget Office: Greater Naples area (60 percent): Promotion and marketing Fulfillment Marco Island and The Everglades Convention and Visitor Bureau (40 percent): 489,058 125,000 $1,023,430 614,058 409,372 Tourism Industry In-kind Contributions Th,rough member organi:,~tions, in-kind contributions of approximately $$00,000 in complimentary rooms, food and beverages, professional services and program-related expenses are being provided to the Tourist Development Council's program on an annual basis. In addition, a Managing Director has been hired by member organizations to provide a point-of-contact for the industry and to coordinate and communicate the eft.ohs ofthe bureau. This individual's salary is funded privately by the Naples Area Accommodations Association, the Naples Visitors' Bureau, the Collier County Restaurant Association and area attractions. By taking advantage of the private sector's buying end negotiating power, the tourism industry has become partners in cooperative efforts with airlines, tour operators and other industry organizations in destination marketing eft'ohs. The partnership with the Florida Tourism Indust~t Marketing Corporation will be used to the fullest extent possible, providing the opportunity to showcase the Naples Area, while partnering eft.actively with other members of the Florida tourism industry. AGENDA ITEM -- No.~ JAN - ? lgg? SUMMARY In selecting the recipient of the tourist tax revenues for the m.m'ketinl~ ofthe greater Naples area, we would appreciate your consideration of the initial three years of the coalition's activities including a documented, positive track record; Iong-standlng travel industry contacts, both domestic and international; sign~cant in-kind contributions and buying power, focused research; and the results- oriented approach offered by the Naples Visitors' Bureau, the Golden Gate, Immokalee and Naples Area Chambers of' Commerce and the Naples Area Accommodations Association. AGENDA ITFM NO.~ JAN - ? 1997 TOTAL PROGRAM BUDGET PROMOTION AND MARKETING · Advertising includes media placement International pubhcat~ons Domestic publtcanons - Public Relatior~ professional ~vices Includes strategic planning, facilitating marketing plans, designing promotional materials and programs, and media ltatson services - Production includes graphic design and layout services, sltde reproductions. text translanon and photography - Brochures includes the reprinting of destination gutdes and other collateral - Media Relafion~ Exper~es includes photocopWs, mileage, new~ release postage and press excursion expenses - Travel Agent Relations Expmscs includes communWat~ons, mileage, postage and on.site famthartzanon expenses - Trade Show Expenses includes booth registration, ~upplles and per dtern expenses - Collaborative Efforts w/Marco Island & The Everglades Convention & Visitor Bureau includes familianzanon trips, trade show.~ and joint advertising - Market Research includes collecting and assembling occupancy and vtsttor data - Clipping Service 62,058 30,000 102,000 55,O0O 50,000 25,000 35.000 30,000 50,000 5,000 TOTAL $489,058 AGENDA ITEM JAN - 7 APPROVAL OF BUDG, ET AMENDMENTS BCC AGENDA OF I///97 MISC. FLORIDA S'fA~ FEE (190) BUDGET AMENDMENT 97-O70 Misc. Florida Statutes Capital S8,100 Reserves 8. ! 00 Total 0 Ex~lanatign: Funds needed for ADA improvements to accommodate lumdicapped Judge. SUPERVISOR OF ELECTIONS (080) BUDGET AMEND~ 97-077 Supervisor of Expense Capital 25.OO0 Total 0 ExulanaTio~]; The registered voter database has grown to the extent storage capacity needed to be increased and processing time enhanced. JAN - 7 1997 Pg. BOARD OF COUNTY COMMISSIONERS MISCELLANEOUS CORRESPONDENCE JANUARY 7, 1997 1. ~: NEED MOTION authorizing the Chairman to sign Certificate of Correction to the tax rolls as presented by the Property Appraiser's Office. RECOMMEND APPROVAL. 2. ~: NEED MOTION authorizing the Chairman to sign Satisfaction of Lien for Services of ~he Public Defender for Case Nos. 96-654-CFA, 96-6531, 96-914, 95-243-CJA, 89-1141-CFA, 95-10637-MMA, 96-2207-Ml~A, 94-216-CJA, 94-1887-CFA, 92-1580-MI, 96-8739-MMA, 96-1044-MMA, 96-6390-MMA, 96-1189-CFA, 96-8100-MMA, 96-346-MMA~ 96-2849-M]~A, 96-1678-M~A, 96-?323-M~A, 96-736-CFA, 96-3445-MMA, 9§-8654-MMA, 965-2066-CFA, 95-8771-MMA, 96-978-CFA, 96-73§7-MMA, 96-9172-MMA. RECOMMEND APPROVAL. Miscellaneous Items to File For Record With Action As FILE FOR RECORD WIT}{ ACTION AS DIRECTED: 4. Districts: ae Lely Community Development District - October 16, 1996 Port of the Islands Community Development District Notice of Meeting. Referred to BCC. The Beach Renourishment/Maintenance Committee - November 7, 1996 and agenda for December 5, 1996. Referred to BCC. Be Code Enforcement Board - September 30, 1996 and October 24, 1996. Referred to BCC. Ce De Environmental Advisory Board - November 6, 1996 and agenda for December 6, 1996. Referred to BCC. Environmental Policy Technical Advisory Board agenda for December 9, '1996. Referred to BCC. Golden Gate Beautification AdvisOry Committee agenda for December 10, 1996 and Summary of Recommendations and Motions for November 12, 1996. Referred to BCC. Fe Immokalee Beautification M.S.T.U. Advisory Committee - November 20, 1996 and agenda for December..1~. -~1.~$&.~..., Referred to Bec. ~ °.~ ! BOARD OF COUNTY COMMISSIONERS MISCELLANEOUS CORRESPONDENCE JANUARY 7, 1997 Marco Island Beach Renourishment Advisory Committee - November 13, 1996 and agenda for December 4, 1996. Referred to BCC. Marco Island Beautif£cation Advisory Committee - November 7, 1996 and agenda for December 3, 1996. Referred to BCC. Lely Golf Estates Beautification Advisory Committee - November 8, 1996, agenda for December 13, 1996 and Summary of Recommendations and Hotions. Referred to BeC. Collier County Landfill and Materials Recovery Facility Citizens Advisory Committee - September 26, 1996. Referred to BCC. Xe Emergency Medical Services Advisory Council - November 13, 1996 and agenda for December 11, 1996. Referred to BCC. Le Technical Advisory Committee/Citizens Advisory Committee of the Naples Hetropolitan Planning Organization - August 21, 1996 and agenda for December 11, 1996. Referred to BCC. Airport Authority agenda for December 9, 1996. Referred to BCC. JAN O? EXECUTIVE RECO~ENDATIONS THAT THE BOARD OF COUNTY COMMISSIONERS APPROVE A BUDGET AMENDMENT TO CLEAN UP FISCAL YEAR 1995 DEBT SERVICE APPROPRIATIONS. ~ That the Board of County Co~issionsrs approve the attached 1996 budget amendments which will increase debt service appropriations to meet actual payments made on Series 1995 Road Improvement Refunding Revenue Bonds during fiscal year 1996. CONSIDERATIONS= The debt service payment on Series 1995 Road Improvements Refund£ng Revenue Bonds was made on 10/01/95. The 1996 budget was prepared before the new debt schedule was available on the Series 1995 Road Improvement Revenue Bonds, therefore, the debt service appropriation for 1996 fiscal year is under the amount needed for the October 1, 1995 payment. The appropriation in Fund 212's budget needs to be amended in the amount of $22,800. FISCAL IMPACT: Reduce reserves in the amount of $22,800 in order to appropriate the 10/01/95 additional principal payment made. GROWTM MANAGEMENT IMPACT: None. RECOMMENDATION: That the Board of County Commissioners approve the attached budget amendment for fiscal year 1996 in order to clean up the County's debt service funds. PREPARED BY:, ~'~'~"~ Teri O'Connell Senior Accountant Clerk of the Circuit Court REVIEWED Finance Director/Deputy Clerk Clerk of the Circuit Court JAN- 7 1996 EXECOTIVE SLrMMA~Y THAT THE BOARD OF COUNTY COHMISSIONERS RECOGNIZE CARRYFORWARD FROM FISCAL YEAR 1995 IN FUND 137 ~ To recognize 1995 carryforward and increase the appropriation for debt service administrative expense payments in Fund 137. CONSIDERATIONS: Fund 137's audited carryforward for fiscal year 1995 is $11,378. Nothing is currently budgeted as carryforward in this fund. A budget amendment fo~ Fund 137 should be processed to recognize this additional available revenue source. FISCAL IMPACT: A $11,378 increase in revenues and appropriations by recognizing carryforward. GROWTH MANAGEMENT IMPACT: None. RECOMMENDATION: That the Board of County Commissioners recognizing carryforward and appropriations. PREPARED BY: J' I~' Teri O'Connell Senior Accountant Clerk of the Circuit Court REVIEWED BY:~ /. ~ ~es L. Mitchell Finance Director/Deputy Clerk Clerk of the Circuit Court DATE: approve JAN- 7 BUDGET AMENDMENT (FUND NO.) .a prepared: ~ eviousiy approved, BCC Agenda Date: ~ EXPENSE Center Tile ~ Co~t Center No. -:XPENDrI'IJRE REQUEST /"'--'y. ~'~, '~c.~' Fo~ Budget/F'mance Use Only BAa JEe BA~e A.P.H. Date TO BC~ YES NO BUDGET DETAIL EXPENDITURE TITLE _ Proje¢~ T~Je P~oject No. INCREASE CURRENT REVlSED R S · -- , , $ ~ S,,.~_ S S, S S. S, $ T~le $ $ Total S ~1~(~' , :----- Cost Cen~er No. Proje.~, TiIle INCREASE EXP-:NDITURE TITt, E . {I;)ECREASEI -~PENDITURE ~_!~JECT CODE CURRENT O Projec~ No. F~EVISED s /O/ S ~ Center Title - REVENUE OBJECT CODE . RE~VENUI~ Cos! Center No. BUDGET DETAIL Total Proie= Tkle INCREASE (DECR[ASE~ $ CURRENT BUOG~'r $ ,y $ NO. RE"V~SED RECOMMENDATION THAT THE BOARD APPROVE A SATISFACTION OF THE AGREEMENT FOR EXTENDED PAYMENT OF BENSON STREET PAVING ASSESSMENT DISTRICT ~L~c That the Board of County Commissioners approve the attached Satisfaction of the Agreement for Extended Payment of Benson Street Paving Assessment that was previously assessed by the Board of County Commissioners by Resolution No. R-81-201. ~ONSIDERATIONSC On September 8, 1981, the Board of County Commissioners adopted Resolution No. R-81-201 which placed a lien against the benefited properties within the Benson Street Paving Assessment District for the paving improvements. On Nay 11, 1993 the Board of County Commissioners entered into an Agreement for Extended Payment of Benson Street Paving Assessment District with Donald G. Hazel and Linde Hazel. On October 29, 1996, Donald G. Hazel and Linde Hazel paid in full the paving assessment. FISCAL IMPACT: The only cost to be incurred by the County is the cost of recording the Satisfaction of the Agreement for Extended Payment of Benson Street Paving Assessment, which is estimated to be approximately $6.00 and can be paid from Paving Assessment District funds, Account No. 341-162110-649030. GROWTH MANAGEMENT IMPACT: None. RECOMMENDATION: That the Board approve the attached Satisfaction of the Agreement for Extended Payment of Benson Street Paving Assessment District, as recorded in OR Book 1826, Page 1070 and the lien recorded in OR Book 943, Page 1664 of the Official Records of Collier County, Florida and authorize the Clerk to record the attached Satisfaction in the Official Records of Collier County. D%~ C. Weigel ~ County Attorney This instrument prepared David C, #algal County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-1400 Property Folio No. 00440680006 SATISFACTION OF AGREEMENT FOR ~XTL~ND~D pAYMENT OF BENSON STREET PAVING ASSESSMENT DISTR~CT. RESOLUTION NO. R-81-201 L~EN ~qow ALL ME~ BY THESE PRESEIFFSt That the BOARD OF COUNTY CO~KISSION£RS OF COLLIER COUJ~Y, FLORIDA wee the ovner and holder of a certain Lien pursuant to an Agreement for Extended Payment of Benson Street Paving Assessment District, Resolution No. R-81-201, against: Donald G~ Nazal and L/ada Nazel, husband and vl£e, 319 Bassos Street, Naples, Florida 33962 The Lisa {Agreement for Extandad Pa~mant of Benson Street Paving Asssasmant Diatrict) vas recorded on the 1?th day of ~(ay, 2993, in Official Record Book 1826, Page 1070, in the Official Records of Collier County, Florida. Resolution No. R-BI-201 vhich lianad said property vas recorded in OR Book 943, Page 1664 of the Official X~cords of Collie~ County, Florida. The Lien secures the principal sum of ~o Thousand T~oo Hundred Thirty-tva Dollars and For~y-SXx Cents ($2,332.46) plus accrued interest and If any, and inpones ce~ain obligations against real iituat.d in Colli.r County, Florida, descried an foll~s: Commencing at the tas~ 2/4 corner of Section 32, Tovnship SO Sou~h, Range 26 East, Call,iF County, FloFAda, BaLd being ~he ~oF~healt coFneF of ~ 36, Block One, Trail AcFel, ~nJ~ 3, as Feco=ded Ln Pla~ Book 3, Page 94 or the Records or Co11Le= Court=7, Flea,da; ~hence along ~he Line et saL~ Section 22, South 2 degFeel 36'20" Wes~, 34S.0 tee~; ~hence ~o=~h 87 degFeel 30'40" Wes~, 360.0 fee~ tar P~ace of Beginning: ~ence continuing along ~he degcr~d course, North 87 degrees 30'40" Wel~, 100.O fee~; ~hence ~or~h 2 degrees 29'20" Eas~, ~3S.0 tee~; ~hence Sou~h 87 degFees 30'40" Eas~, 200.0 fee~; thence Sou~h 2 degrees 29'20" Wes~ 13S.0 tee~ ~o ~he Place or Beginning. Being 64 Bad 67, Block ~o, ~n said TFa~ AcFes UnL~ 3. Sa~d p=oper=y being noFe paF=~culiFly descFLbe~ Ln OR BooX 8?4, Page ~097 of ~he Off,cia1 ~ecoFds of Co11LeF County, Florida. Collier County, a po1L~Lcal su~LvLs~on or the Sta~e of heFeby acknowledges FlceLp~ or pa~en~ Ln ful1 Ba~Lifac~Lon of L~en and hereby cancels ~he L~en. ~e CleF~ of ~he ClFcuL~ CouF~ ~s heFeby d~Fec~e~ to FecoFd FloFLd8, ~o acknowledge tha~ the Lien ceases to IN WZ~ESS ~EREOF, ~he BeeFS or county Co~LsoLoneFs or Co11~eF county, F~orLda, ac~Lng ~hFough Les Cha~an, directs in~ FecoFdLng of ~h~o Satisfaction of Lien, by ic~Lon of ~he SoaFd th~s day of ,1997. A~EST: BO~D OF CO~Y ~ZSSZON~S DWIG~ E. BROCK, CL~ COLLZ~ ~Y, F~RZDA A RESOLUTION APPROVING THE PRICES FOR THE COLLIER COUNTY CODE OF LAWS AND ORDINANCES AND THE COLLIER COUNTY LAND DEVELOPMENT CODE; ESTABLISHING THE INCREASED PRICE FOR THE ANNUAL SUPPLEMENT SERVICE FOR THE CODE OF LAWS AND ORDINANCES AND THE LAND DEVELOPMENT CODE; AUTHORIZING THE MUNICIPAL CODE CORPORATION TO CONTINUE TO BE THE VENDOR AND DISTRIBUTOR FOR THE PURCHASE BY THE GENERAL PUBLIC OF THE COLLIER COUNTY CODE OF LAWS AND ORDINANCES AND THE COLLIER COUNTY LAND DEVELOPMENT CODE; AUTHORIZING THE COUNTY ATTORNEY OR HIS DESIGNEE TO AUTHORIZE MUNICIPAL CODE CORPORATION TO PRINT AND STORE THE NECESSARY COPIES OF THE CODE BOOKS FOR PURCHASE BY THE GENERAL PUBLIC AND SUPERSEDING RESOLUTION NO. 94-788. ~ That the Board of County Commissioners adopt the attached Resolution approving the price for the Collier County Code of Laws and Ordinances, the Collier County Land Development Code including the PUD Listing and the increased price for the annual supplement service for these codes. CONSIDERATIONS: Section 125.68, Florida Statutes, provides that counties shall maintain a current codification of all ordinances, with certain exemptions, and such codification shall be published annually by the Board of County Commissioners. The Board entered into a professional services agreement with Municipal Code Corporation of Tallahassee, Florida, to have all of the county ordinances and special acts codified into a newly published county code, including publication of the Collier County land development code. In accordance with the contract, Municipal Code Corporation has published the new code books (Code of Laws and Ordinances of Collier County, Volume I and the Collier County LDC including the PUD listing, Volume II). The Board on November 8, 1994 adopted Resolution No. 94-787 adopting the Code of Laws and Ordinances of Collier County and the Collier County Land Development Code. Further on November 8, 1994, the Board adopted Resolution No. 94-788 designating the prices to be paid by the general public for the Code books and the annual supplement service for the code books as well as designating Municipal Code Corporation as the vendor and distributor of the code books to the general public. Municipal Code Corporation has notified the County Attorney that the rates adopted by Resolution No. 94-788 should be increased to pay for the costs of the supplements. FISCAL IMPACT: The adoption of the Resolution has no fiscal impact. The costs of the code books and annual supplements will be paid by the general public ordering the books and supplement service. GROWTH MANAGEMENT IMPACT: None. RECOMMENDATION: That the Board adopt the attached RE approving the described rates to the general public books and the annual supplement service. Approved bY:Davi~ C. Weig~fl' ~ Date: /G-~L county Attorney J/..J ~ ? ,~97 Municipal · Code )Corpc ' ratlon .............. JUfi~ 21~'1996 Mr. David C. Weigel Chief Assistant County Attorney Collier County 3301 Tamianfi Trail .East Naples. Fi. 33962-4976 Dear Mr. Weigeh it is ti~ne to bill subscribers to the Collier County, Florida Code of Ordinance,~ fi~r the 3/96 fl~mugh 2/97 subscription period. Following is the 3/95 through 2/96 information and a copy of the current subscriber list. Subscription peri¢~J 3/95 through 2/96 Subscriber fee: Supplements received: Number of copies printed per Supplement: Number of copies to County: Number of outside subscribers: Number of copic.~ lo outside subscriber.~: Vol.I Vol. Ii i~)th $6O $60 $6-O #1.2,3 #1.2.3 150 200 100 q 56 21 9 66 21 Cost per copy Supplement # l $59. i0 $36.22 Supplenlent #2 2 ! .26 13.78 Supplement #3 30.21 17.16 3 mailings @$2 6.(XI 6.00 Postage for 3 mailings 5.22 4.41 Annual subscri~r billings 4.~ 4.~ 'total per subscriber $125.79 $81.57 We rcconm)end increasing the renewal fee to $130 for Volmne I and $85 G)r Volume II for the 3/96 through 2/97 subscription period. We also suggest charging $130 for subscriptions to both volumes. This is only a recommendation. We need your final approval bero,'e billing subscribers. A6£:~ ,'"' '.? a ? ..27 Page 2 June 2 I. I qq6 Vol. I Vol. il Inventory: 20 bound 43 bound Slornge fee (annual) charge Credit Card Service We are pleased to annomx:e that due to high demand, MCC now ~,C=l~S Visa and MasterCard credit cards for purchases of Code and Supplement Service subscriptions for all or our distribution accounl.~. This service requires a 4% increase in the price of the Code and Supplement Service Io all ~ub,wriber,; to cover the service charges incurred. The new Volume I and Supplement Service prices would be $14~.G0 ~ $135.20 (before tax), and the new Volume Il and Supplement Service prices would be $'78 and $88.40 (before tax), should you choose to follow our recommendalion re~arding the renewal fees. If the County do~s not wish to add 4% to the price, but would like the sub~ribers to have the ability to usc credit cards, the Counly may absorb the cosl. We would debit your MCC account 4% for credit card ordcrs only. if the County does not want MCC lo provide credit card service, Ihe subscribers will continue to scnd prepayment by check or money order. Please advise at your earliest convenience once you have reached a decision on Ihe fees fi~r lite ensuing year and we will send updated order forms, if necessary. If you have any questions, call 800-262-2633. Sincerely, D~na J. Marlin Distribution Services RESOLUTION NO. ~4-78~ A RESOLUTION DESIGNATZNO THE PRICES FOR THE COLLIER COUNTY CODE OF LAWS AND ORDINANCES AND THE COLLIER COUNTY LAND DEV£LOPMENT CODEI ESTABLISHING ?HE PRICE FOR THE ANNUAL SUPPLEHENT SERVICE FOR THE CODE OF LAWS AND ORDINANCES AND THE LAND DEVEI~)PHEHT CODE; APPROVING A DISTRIBUTION LIST FOR THE FIRST 100 COPIES OF THE COLLIER COUNTY CODE OF LAWS AND ORDINANCES AND/OR THE COLLIER COUNTY LAND DEVELOPMENT CODE~ AUTHORIZING THE MUNICIPAL CODE CORPORATION TO BE THE VENDOR AND DISTRIBUTOR FOR THE PURCHASE BY THE GENERAL PUBLIC OF THE COLLIER COUNTY CODE OF LAWS AND ORDINANCES AND THE COLLIER COUNTY LAND DEVELOPHENT CODE; AND AUTHORIZING THE COUNTY ATTORNEY OR HIS DESIGNEE TO AUTHORIZE HUNICIPAL CODE CORPOP~TZON TO PRINT AND STORE THE NECESSARY COPIES OF THE CODE BOO~S FOR PURCHASE BY THE GENERAL PUBLIC. t, OIEREAS, the Board of County Commissioners entered into professional services agreement with Hunicipal Code Corporation of Tallahassee. Florida. to codify° publish and provide copies of the Code of Laws and Ordinances of Collier County. Florida and Collier County Land Developmen~ Code; and ~H£REAS. the Board of County Co~m~ssioners on November ~994, adopted Resolution No. 94-7S?. adopting the Code of Laws and Ordinance of Collier County. Florida and ~he Collier County Land Development Code and authorized the Municipal Code Corporation ~o publish and suppleme~ such codes. Nu ~, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY CO}'2~ISSIONERS OF COLLIER COUNTY, FLORIDA, that: 1) The cost ~o the general public of the code books, annual supplement service, magnetic media and supplements on magnetic media are as follows: a) Code of Laws and Ordinances of Collier County, Florida, - $~40.00 b) Collier County Land Developmen~ Code - $75.00 c)' d) e) Code of Laws and Ordinances of Collier County, Florida and the Collier County Land Development Code - $215.00 Annual Supplement Service - 560.00 Code of Laws and Ordinances of Collier County. -- Florida and the Collier County on magnetic media (Word Per~ec~ ,.O ~0.~) ! £) Annua! Supplement Service on magnetic media - $~20.00 2) ?he DXetr/bvtXon L/et ~or the first lO0 sets oK the Collier County Cods Books end/or the Collier County I~lnd Development Code, attached hereto es Exhibit #A# and incorporated herein, is hereby approved in substantially the attached for~. 3) The Municipal Code Corporation Is hereby approved end ' authorized al the vendor and distributor for the code books to be purchased by the general public. 4) The County Attorney or hie Designee XI hereby authorized to place necessary orderCs) vith the Municipal Cods Corporation for the code booki to be available to the general public, This Resolution adopted a~ter motion, second and vote. DATED: November 8, 2994 ATTESt: D~HT E,.: BROC]C, CLEriC '. A~proved as 't~/~orm and /. ~gal suff~c~ency~ David C. welq~l" ~-- Assis~an~ County A~rney AGEN AM. County Aria'My, lh~ L ~ ~ A~, Hddi Guy ~ T~ ~tl~ T~ 011iff, ~ ~ Ad~nGM~tM Bill ~ ~ul Bu41diflj R~ & p~iitiflf J~ B~Mu Jd~ Wil~ J~ BIKkMII J~ Jud~ J~ Tu~r Cu~t H~ifll ~1 ~ge Pmj~ PIm R~ M~kc McNm. Acfifl~ ~dlifi~ Admmist~t~ ~l,d Wute Agfi~lw~ ~fl Aui~ty AG:'N A ..... 7 ~;, .. 2j EXHIBIT "A" REBOLOTXOX NOs 2 A RESOLUTION DESIGNATING ~IE PRICES FOR THE 3 COLLIER COUI~Y CODE OF LAWS AND ORDINANCES AND THE COLLIER COUNTY LAND DEVELOPMENT CODE; 4 ESTABLISHING THE INCREASED PRICE FOR THE ARNUAL SUPPLEHENT SERVICE FOR THE CODE OF LAWS AND 5 ORDINANCES ANDRE LJ%RD DEVELOPMENT CODEI AUT140RIZING THE MUNICIPAL CODE CORPORATION TO 6 CONTINUE TO BE THE VENDOR AND DISTRIBUTOR FOR T~E ? COUNTY CODE OF LAWS AND ORDINANCES AND THE COLLIER COUNTY LAND DEVELOPMENT CODE; AUTHORIZING THE COUNTY ATTORNEY OR HIS DESIGNEE TO AUTHORIZE MUNICIPAL CODE CORPORATION TO PRINT AND STORE THE 9 NECESSARY COPIES OF THE CODE BOOKS FOR PURCHASE BY THE GENERAL PUBLIC; AND SUPERSEDING RESOLUTION 10 NO, 940788, 11 WHEREAS, the Board of County Co~miseionera entered into s 12 professional services agreement vith Municipal Code Corporation of 13 T&llahaesee, Florida, to codify, publish end provide copies of the 14 Code of Laws and Ordinances of Collier County, Florida and the 15 Collier County Land Development Codel and 16 WHEREAS, the Board of County Coulsstoners on November B, 17 1994, adopted Resolution No. 94-787, adopting the Code of Laws and 18 Ordinance of Collier County, Florida and the Collier County Land 19 Development Code and authorized the Municipal Code Corporation to 20 publish and supplement such codes; end 21 WHEREAS, the Board of County Commissioners on November B, 22 1994 adopted Resolution No. 94-788 desiqnating the prices for the 23 Collier County Code of I~ws and Ordinances (Volume I) and the 24 Collier County Land Development Code including the PUD listing 25 (Volume II); and 26 WHEREAS, the Huniclpal Code Corporation has advised the 27 county that the Fatal al adopted by Resolution No. 94-788 should 28 be increased to pay for the costs of the Supplements. 29 NOW, THEREFORE, BE'IT RESOLVED BY THE BOARD OF COUNTY 30 COHHISSIONERS OF COLLIER COUNTY, FLORIDA, that: 31 1) The coat to the general public of the code books, annual 32 supplement service, magnetic media and supplements on magnetic 33 media are as follows: I a) Code of Laws and Ordinances of Collier County, Florida, (Volume l) - $140.00 b) Collier County L·nd Development Code including the 3 PUD Listing (Volune II) - $?S.00 4 c) Code of Lave and Ordinances of Collier County, Florida and th· Collier County land Developnent Cod· S - $21S.00 6 d) Annual Supplement Service ~enewal Fils for the Code o£ ~awe and Ordinancee o£ Collier County, Florida, ? (Volume X) - $1~0.00 I e) Annual Supplement Service ~enewal Fees for the Collier County ~and Development Code including the 9 PUD Listing (Volu~e XX) - $85.00 l0 f} Code of Laws and Ordinances of Collier County, Florida and the Collier County Land Development Code ll on ~agnetic ~edia (#ord Perfect 5.0 or 5.1) - $565.00 12 g) Annual Supplement Service on magnetic ~edia - 13 $120.00 14 h) All purchases are subject to an additional 6% sales tax. 16 2) The County A~torney or his Designee shall be responsible 17 for the distribution of the County's supplements to lO0 sets of 18 the Collier County Code Books and the Collier County ~and 19 Development Code to each of the County'· Departments and o~her 20 par~ies who oriqinally ligmed for the Code Books. 21 3) The Hunicipal Code Corporation il hereby approved and 22 authorized to continue aa the vendor and distributor for ~he code 23 bookl, supplements to the code bookl and magnetic ~edia ~= be 24 purchased by the general public. 25 4) The Hunicipal Code Corporation shall on · monthly baal· 26 provide the County ~ttorney or hie Desiqnee with · uxitten 2? itemized statemen~ of the County's account with Hunicipal Code 28 Corporation. 29 5) The County Attorney or his Designee is hereby a~thorized 30 to continue [o place the necessary order(s) with the Hunicipal 31 Code Corporation for the code books to be available [o the general 32 public, 3~ 6) Besolution No. 94-?88 ii hereby superseded in