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Agenda 03/23/2004 R COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA March 23, 2004 9:00 a.m. Donna Fiala, Chairman, District 1 Fred W. Coyle, Vice-Chairman, Distric* Frank Halas, Commissioner, District. Tom Henning, Commissioner, District 3 ~<~'% Jim Coletta, Commissioner, District 5 NOTICE: ALL PERSONS WISHING TO SPEAK ON ANY AGENDA ITEM MUST REGISTER PRIOR TO SPEAKING. SPEAKERS MUST REGISTER WITH THE COUNTY MANAGER PRIOR TO THE PRESENTATION OF THE AGENDA ITEM TO BE ADDRESSED. COLLIER COUNTY ORDINANCE NO. 2003-53, AS AMENDED REQUIRES THAT ALL LOBBYISTS SHALL, BEFORE ENGAGING IN ANY LOBBYING ACTIVITIES (INCLUDING, BUT NOT LIMITED TO, ADDRESSING THE BOARD OF COUNTY COMMISSIONERS), REGISTER WITH THE CLERK TO THE BOARD AT THE BOARD MINUTES AND RECORDS DEPARTMENT. REQUESTS TO ADDRESS THE BOARD ON SUBJECTS WHICH ARE NOT ON THIS AGENDA MUST BE SUBMITTED IN WRITING WITH EXPLANATION TO THE COUNTY MANAGER AT LEAST 13 DAYS PRIOR TO THE DATE OF THE MEETING AND WILL BE HEARD UNDER "PUBLIC PETITIONS." ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THIS BOARD WILL NEED A RECORD OF THE PROCEEDINGS PERTAINING THERETO, AND THEREFORE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. ALL REGISTERED PUBLIC SPEAKERS WILL RECEIVE UP TO FIVE (5) MINUTES UNLESS THE TIME IS ADJUSTED BY THE CHAIRMAN. IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING, YOU ARE ENTITLED, AT NO COST TO YOU, TO THE PROVISION OF CERTAIN ASSISTANCE. PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 330t EAST TAMIAMI TRAIL, NAPLES, FLORIDA, 34112, (239) 774-8380; ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS' OFFICE. LUNCH RECESS SCHEDULED FOR 12:00 NOON TO 1:00 P.M. 1 March 23, 2004 INVOCATION AND PLEDGE OF ALLEGIANCE A. Co-Senior Minister Debra Williams, Unity of Naples Church AGENDA AND MINUTES A. Approval of today's regular, consent and summary agenda as amended. (Ex Parte Disclosure provided by Commission members for summary agenda.) B. February 24, 2004- Regular Meeting SERVICE AWARDS Twenty Year Attendees: 1) Phillip Cramer, Water Department 2) Warren Keyes, Transportation 3) Susan Lemay, Emergency Medical Services Twenty-Five Year Attendee: 4) Mary Esch, Emergency Medical Services 4. PROCLAMATIONS Proclamation to designate March 28t~ through April 30t~, 2004 as Call Before You Dig Month. To be accepted by Lynn Daffron, Robert Martzlof of Risk Management for the City of Naples, Sandy Lloyd and Mike Nelson, Collier County Deputies. Proclamation to designate the month of April as National Sexual Assault Awareness Month and to inclUde April 2, 2004 as National Sexual Assault Awareness Day. To be accepted by Jamie Willis, Victim Advocate/Counselor. PRESENTATIONS A. Recommendation to recognize Heriberto (Eddie) Hartnack, County Veteran Services Officer, Public Services Division, as Employee of the Month for March 2004. PUBLIC PETITIONS A. Public Petition request by Mr. Fred N. Thomas, Jr., to discuss rural lands efforts in the Immokalee Planning Zone. 2 March 23, 2004 B. Public Petition request by Mr. William B. El,ne to discuss a new County Water Park at the former Wiggins Pass Marina property. 7. BOARD OF ZONING APPEALS This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. SV-2003-AR-4652, Richard Yovanovich, Esquire, of Goodlette, Coleman and Johnson, P.A., representing the Greater Naples Chamber of Commerce, Inc., requesting a variance from Subsection 2.2.5.2.5.2. of the Land Development Code that permits one wall sign for each single-occupancy parcel with single roadWay frontage to allow two'existing wall signs to remain after a copy change on a .43 acre lot lOcated at 3620 Tam,ami Trail North, and further described as Gulf Acres Subdivision, Lot 4, Block B and the north 75.5 feet of the west 50 feet of Lots.75 and 76 of Naples Improvement Company's Little Farms in Section 22, Township 49 south, Range 25 east, Collier County, Florida. 8. ADVERTISED PUBLIC HEARINGS This item to be heard at 3:30 p.m. Companion to Item 8F. Recommendation that the Board adopt four (4) resolutions designating Stewardship Sending Areas 1, 2, 3 and 4 (SSA)within the Rural Lands Stewardship Overlay District (RLSA) including SSA Credit Agreements and Perpetual Stewardship Easements for each SSA in response to a joint application by Barron Collier Investments, Ltd., and Barron Collier Partnership. Board of County Commissioners actin,q as the Community Redevelopment Aqency. Companion to Item 8E. Approve an ordinance amending Ordinances No. 2003-61 (Impact Fee Payment Assistance Program) and No. 2003-62 (Property Tax Stimulus Program) to clarify the effective date provisions of those ordinances; provide for conflict and severability; and provide for an effective date. (Immokalee Enterprise Zone Map Clarification) ** This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. Petition PUDZ-03-AR-3831, Robert Duane of Hole Montes Inc., representing Robert Reed of Reed Development Company, requesting a rezone from "PUD" to "PUD" Planned Unit Development to be known as the Calusa Island Village PUD. The purpose is to increase the number of dwelling units from 47 units to 52 units, reduce the commercial area from 0.45-acres to 0.12-acres, limiting the commercial floor area to a maximum of 1,300 square feet while permitting with 6 multi-family residential units, and eliminating the permitted commercial uses that are not compatible with residential uses for property located on the south side of Goodland Drive (CR 892) and west of Sunset Drive in Sections 18 and 19, · Township 52S, Range 27E and consisting of 6.2 acres. .*. 3 March 23, 2004 Adoption of an ordinance amending Chapter 74 of the Collier County Code of Law and Ordinances, as amended by Ordinance No. 2001-13 (The Collier County Consolidated Impact Fee Ordinance, as amended) providing for an update to the Library Impact Fee Rate Schedule to reflect a new rate of $148.28 per one-thousand (1,000) square feet of living area for all residential land uses, incorporating, by reference, the impact free study entitled "Collier County Library Facilities and Items Impact Fee Update", establishing indexing methodology, and providing for a delayed effective date of May 1, 2004. Companion to Item 8B. Adoption of an ordinance of the Board of County Commissioners of Collier County, Florida, amending Ordinance No. 2003-63 to clarify the effective date provisions. Map clarification for Immokalee Residential Deferral Program. Companion to Item 8A. Petition SRA-2003-AR-4578 Ave Maria University a resolution of the Collier County Board of County Commissioners designating 960 acres within the Rural Land Stewardship Area Zoning Overlay District as a Stewardship Receiving Area, approving the preliminary Stewardship Receiving Area Credit Agreement for Ave Maria, and establishing the number of Stewardship Credits being utilized by the designation of the Ave Maria Stewardship Receiving Area. BOARD OF COUNTY COMMISSIONERS A. Recommendation to declare a vacancy Committee. on the Public Vehicle Advisory B. Appointment of members to the Public Vehicle Advisory Committee. Requesting Board approval and authorization for Commissioner Coletta to sign Memorandum of Agreement, creating a health information infrastructure for the Iow income and uninsured in Collier County. Discussion regarding the adoption of a resolution requesting that the Governor, Senate and House not support taking dollars allocated for affordable housing and place them in the general revenue stream. This item to be heard at 2:00 p.m. Accept the final report of the Collier County Revenue Commission, an Ad Hoc Advisory Body, created to explore alternative revenue sources for meeting the County's numerous and varied needs. F. Appointment of member to the Tourist Development Council. 4 March 23, 2004 Reconsideration of Item t0F from the February 24, 2004 Board of County Commissioners Agenda "Award of Bid #04-3616 Advertising of Delinquent Real Estate and Personal Property Taxes for 2003". (Commissioner Coletta request) 10. COUNTY MANAGER'S REPORT A. Adoption of FY05 Budget Management and Budget) Policy. (Mike Smykowski, Director, Office of Adopt a resolution authorizing the condemnation of fee simple interests in the proposed right-of-way and/or stormwater retention and treatment pond sites, as well as perpetual, non-exclusive road right-of-way, drainage and utility easements, temporary driveway restoration easements, and temporary construction easements, as may be required for the construction of roadway, drainage, and utility improvements to Rattlesnake Hammock Road (CR 864) from Polly Avenue to Collier Boulevard (CR 951). (Capital Improvement Element No. 77, Project No. 60169). Estimated fiscal impact: $2,495,000. (Norman Fed,r, Administrator, Transportation Services) Adopt a Condemnation Resolution to acquire 0.49 acres of land located within the area known as the Gateway Triangle for the purpose of stormwater retention. (Norman Feder, Administrator, Transportation Services) Approve an agreement for sale and purchase in the amount of $205,000 and accept a warranty deed for 0.49 acres of property located within the area known as the Gateway Triangle for the purpose of stormwater retention. (Norman Feder, Administrator, Transportation Services) EJ This item to be heard at 10:00 a.m. Provide direction to staff for amending the Growth Management Plan Policy that addresses listed species protection. (Joseph K. Schmitt, Administrator, Community Development) 11. PUBLIC COMMENTS ON GENERAL TOPICS 12. COUNTY ATTORNEY'S REPORT This item to be heard at 12:00 noon. Closed Attorney-Client Session pursuant to Section 286.011 (8), Fla. Stat., to discuss settlement negotiation issues in Health Care Reit, Inc., v. Collier County Case No. 02-5002-CA and Collier County v. Certain Lands Upon Which Impact Fees are Delinquent Case No. 03- 231-CA, now pending in the Circuit Court, Naples, Florida. 5 March 23, 2004 13. 14. 15. This item to be heard at 1:00 p.m. Request for the Board of County Commissioners to provide direction in a closed session to the Office of the County Attorney regarding settlement negotiations in Health Care Reit, Inc., v. Collier County Case No. 02-5002-CA and Collier County v. Certain Lands Upon Which Impact Fees are Delinquent Case No. 03-231-CA, now pending in the Twentieth Judicial Circuit Court for Naples, Collier County, Florida. This item to be heard immediately following Item 12A. Closed Attorney-Client Session pursuant to Section 286.011(8), Fla. Stat., to discuss settlement negotiations related to strategy/litigation expenses of the pending litigation case of Aquaport v. Collier County, Case No. 03-1609-CA, now pending in the Twentieth Judicial Circuit in and for Collier County, Florida and Aquaport v. Collier County, et al, Case No. 2:01-CV-341-FTM-29DNF, now pending in the U.S. District Court for the Middle District of Florida, Fort Myers Division and also pending in the U.S. Court of Appeal for the Eleventh Circuit, Case Nos. 03-11291-B, 03-13298, and 03-13133. This item to be heard immediately following Item 12B. Request for the Board of County Commissioners to provide direction in a closed session to the Office of the County Attorney regarding settlement negotiations in Aquaport v. Collier County, Case No. 03-1609-CA, now pending in the Twentieth Judicial Circuit in and for Collier County, Florida and Aquaport v. Collier County, et al, Case No. 2:01-CV-341-FTM-29DNF, now pending in the U.S. District Court for the Middle District of Florida, Fort Myers Division and also pending in the U.S. Court of Appeal for the Eleventh Circuit, Case Nos. 03-11291-B, 03-13298, and 03-13133. OTHER CONSTITUTIONAL OFFICERS AIRPORT AUTHORITY STAFF AND COMMISSION GENERAL COMMUNICATIONS 16. CONSENT AGENDA - All matters listed under this item are considered to be routine and action will be taken by one motion without separate discussion of each item. If discussion is desired by a member of the Board, that item(s) will be removed from the Consent Agenda and considered separately. A. COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES 1) Board of County Commissioners acting as the Community Redevelopment Agency. Recommendation that the Community Redevelopment Agency (CRA) approve a budget amendment of $154,782 from Fund 186 Reserves to Fund 186 Expenses for utility and road projects in the Immokalee Redevelopment District. 6 March 23, 2004 2) Approval of a resolution urging the Florida Legislature to reauthorize and fully fund the State and Local Housing Trust Funds for Fiscal Year 2004- 2005. 3) Request to grant final approval of the roadway (private), drainage, water and sewer improvements for the final plat of "Glen Eden, Phase One". The roadway and drainage improvements will be privately maintained, the water and sewer improvements will be maintained by Collier County. 4) Request to grant final approval of the roadway (private), drainage, water and sewer improvements for the final plat of "Glen Eden, Phase Two". The roadway and drainage improvements will be privately maintained, the water and sewer improvements will be maintained by Collier County. 5) Petition AVESMT2003-AR5200 to disclaim, renounce and vacate the County's and the Public's interest in a portion of a utility easement conveyed to Collier County by separate instrument and recorded in the Official Record Book 2429, Pages 3363 through 3368, Public Records of Collier County, Florida, located in Section 11, Township 49 south, Range 25 east. 6) Approval of an increase of $40,000 from the previously approved emergency contract with Tomasello Consulting Inc., for work to perform studies in support of Collier County's Restudy of the flood insurance rate maps recently rescinded by the Federal Emergency Management Agency (FEMA). 7) Approval of a state funded subgrant agreement to receive a $50,000 grant through the Department of Community Affairs Residential Construction Mitigation Program. 8) Request for forgiveness of administrative fees and interest and final release of lien imposed against Mark T. and Midori M. Carroll. 9) Approve an amended intergovernmental agreement with the Department of Environmental Protection to provide an increased level of customer service relating to environmental permitting. 10) Approval of the Satisfaction of Liens for Code Enforcement Board Case Nos. 2001-042, 200t-020, 2001-007 and 2001-077. 11) Adopt resolution supporting Florida Power and Light's Preferred Corridor Siting Certification for a new transmission line from the Orange River Substation in Lee County to the new substation in eastern Collier County. 12) Execution of a Mortgage Subordination Agreement for a loan granted to Creative Choice Homes XlV, Ltd., through the Affordable Housing Rental Development Assistance Program. 7 March 23, 2004 13) Collier County Board of County Commissioners approve an application for Job Creation Investment Program Participation by March Performance, Incorporated, as a high impact targeted industry and authorizing the County Manager to enter into a Job Creation Investment Program Agreement on behalf of Collier County which will be recorded in the Official Records of Collier County. ($40,000) B. TRANSPORTATION SERVICES 2) 3) 4) 5) Accept grant funds for the stormsewer inlet-marking program in the amount of $18,000. Award a construction contract in the amount of $515,931.50 to Douglas N. Higgins, Inc., to enclose the Immokalee Florida Specialties Ditch, Project Number 51015, Bid No. 04-36t2. Recommendation to approve selection of qualified firm and award the second project under ITQ 04-3583 "CEI Services for Collier County Road Projects" for the Vanderbilt Beach Road Project, No. 60351. Recommendation to approve selection of qualified firm and award the first project under ITQ 04-3583 "CEI Services for Collier County Road Projects" for the 13th Street SW Project, No. 69068. Request the Board of County Commissioners to authorize certain designated County Transportation Officials to certify disbursements to the Florida Department of Transportation; repealing and superseding Resolution No. 2002-477. 6) Board approval of Adopt-A-Road Program agreements. 7) S) Approve Settlement Agreement and release to remedy driveway access issues to Alligator Alley Mobil Gas Station resulting from the Davis Boulevard (CR 84) intersection improvements at Collier Boulevard (CR 951), County Project No. 60170, Bid No. 03-3501. Fiscal impact: Not to exceed $63,972.42 ($31,835.90 to be reimbursed by property owner). This item continued from the March 9~ 2004 BCC Meeting. Approve a resolution supporting the preservation of the State Transportation Trust Fund. 9) Approve a resolution of the Collier County Board of County Commissioners opposing proposed Florida Transportation Commission and Florida Department of Transportation Legislation which could reorganize the Metropolitan Planning Program in Florida and undermine the independence of Metropolitan Planning Organizations. 8 March 23, 2004 PUBLIC UTILITIES 1) Adopt a resolution approving the Satisfactions of Lien for Solid Waste Residential Accounts wherein the County has received payment and said liens are Satisfied in Full for the 1994 Solid Waste Collection and Disposal Services Special Assessments. Fiscal impact is $18.00 to record the liens. 2) Adopt a resolution approving the Satisfactions of Lien for Solid Waste Residential Accounts wherein the County has received payment and said liens are Satisfied in Full for the 1996 Solid Waste Collection and Disposal Services Special Assessments. Fiscal impact is $40.50 to record the liens. 3) Approval and execution for satisfaction of a Notice of Claim of Lien for Sanitary Sewer System Impact Fee. Fiscal impact is $6.00 to record the satisfaction. 4) Authorization to execute and record satisfactions for certain Water and/or Sewer Impact Fee Payment Agreements. Fiscal impact is $34.50 to record the satisfactions. 5) Approve the satisfaction of lien documents filed against Real Property for abatement of nuisance and direct the Clerk of Courts to record same in the Public Records of Collier County, Florida. Fiscal impact is $42.00 to record the liens. 6) Approve a change order to Work Order UC-059 for the City/County Wastewater Inter-Connect in the amount of $30,098, Project 73162. 7) Approve Amendment No. 2 to Professional Engineering Services Agreement with Water Resource Solutions, Inc., for the North County Water Reclamation Facility Deep Injection Well System, Contract 00-3t22, in the amount of $284,628, Project 73948. 8) Amend Professional Services Agreement 98-2891 with Metcalf and Eddy., Inc., for professional engineering services associated with the design and construction services for SCRWTP Reverse Osmosis Expansion Project, in the amount of $536,200, Project 70054. 9) Accept an amendment to a grant agreement ($50,000) with the South Florida Water Management District, Project Number 73164, an inflow infiltration study. lO) Authorize approval by Public Utilities Administrator of two Engineering Services Work Orders under Contract #01-3271, Fixed Term Professional Engineering Services for Coastal Zone Management Projects, with Coastal Planning and Engineering, Inc., to conduct bottom investigation for pipeline area, and to prepare final plans and specifications, for Collier County/City of Naples Major Beach Renourishment, Project 90527, in an amount not to exceed $271,000. 9 March 23, 2004 11) Approve sending a letter to Congressman Goss' office requesting a Congressional Budget Addition of $100,000 to fund the initial study in support of initiating a Collier County Shore Protection Project. 12) Recommendation to award Bid No. 04-3608 - "Purchase and Delivery of Sulfuric Acid" to Sulfuric Acid Trading Company Incorporated, in the approximate annual amount of $200,000. D. PUBLIC SERVICES 1) 2) Authorization to enter into an agreement between the Collier County University Extension and Wachovia Mortgage Corporation to provide Homebuyer's Education and Counseling for their clients. Approval of attached application by the Board of County Commissioners, and signature of the Chairman, permitting the Collier County Public Library to apply for a State Construction Grant to enlarge the Golden Gate Branch Library. 3) Approve budget amendment in the amount of $30,000 appropriating funds from General Fund Reserves for Engineering Services for repair of the Clam Pass Drawbridge. 4) Recommendation that the Board of County Commissioners authorize the Chair to sign the attached grant agreement awarding Collier County Public Library $7,500 for a Summer Reading Partnership Pilot Project. 5) Recommendation that the Board of County Commissioners approve submittal of the annual application for funding from the United Way, through the 4H Foundation and, if awarded, approve the acceptance of the $24,000 to support a part-time 4H Customer Service position. E. ADMINISTRATIVE SERVICES l) Award of Contract #03-3549 to Johnson Engineering Inc., for consultant services to develop a Public Land Survey Section (PLSS) base layer for use within the County's Enterprises GIS Database ($262,400). 2) Approve Amendment No. 3, Contract #00-3173, to Spillis Candela DMJM, for design of the new courthouse annex facility in the amount of $129,518. 3) Approval of a resolution authorizing the Board of Commissioners to delegate limited administrative authority to the appointed Privacy Officer and Security Officer for the purposes of compliance with the Health Insurance Portability and Accountability Act of 1996. 4) Approval of a budget amendment to Fund 517, Group Health and Life Insurance, to properly budget for premiums paid to Cigna Dental Plan and to reflect a corresponding decrease in the Group Health Claims Budget. 5) Recommendation to extend Contract Number 01-3253 Installation and Maintenance of Traffic Signals until May 30, 2004. 10 March 23, 2004 8) 7) Approve contract for Construction Manager at Risk for the proposed Emergency Services Center, RFP #04-3609, to Kraft Construction Inc. Targeted Construction Budget-S14,000,000. Award a contract for architectural services in the amount of $420,010 to Walker Parking Consultants for the design of the Vanderbilt Beach Parking Garage, RFP #04-3582. F. COUNTY MANAGER 1) 2) 3) Approve a modification to the FY04 Emergency Preparedness and Assistance Grant accepting $41,897 and approve a budget amendment to recognize and appropriate additional revenue. Request that the Board of County Commissioners approve the submittal of an application to FEMA for the assistance to Firefighters Grant Program for the Isles of Capri Fire Rescue District. ($290,000) Approval of a Tourism Agreement with the Marco Island Historical Society, Inc., in the amount of $7,500 to complete the acquisition and development of plans to build a museum on Marco Island. AIRPORT AUTHORITY BOARD OFCOUNTYCOMMISSIONERS 1) Commissioner Coletta is requesting approval for reimbursement for attending a function serving a valid public purpose for the Spring Volunteer Recognition Luncheon. I. MISCELLANEOUS CORRESPONDENCE 1) Miscellaneous items to file for record with action as directed. OTHER CONSTITUTIONAL OFFICERS COUNTY ATTORNEY 1) Approve the amendment to stipulated final judgment relative to the fee simple acquisition of Parcel 174 in the Lawsuit styled Collier County v. Michael S. Combs, et al, Case No. 02-2135-CA (Immokalee Road Project ~60018). 2) Approve the stipulated final judgment relative to the easement acquisition of. Parcels 100, 101 and 700 in the Lawsuit styled Collier County v. Faith Bible Church of Naples, et al, (Immokalee Road Project No. 69101). 3) Approve the Mediated Settlement Agreement as to Parcels 113, 713A and 713B in the lawsuit entitled Collier County v. North Naples United Methodist Church, Inc., et al, (Goodlette-Frank Road, Project 60134). Total cost of $96,938.50. 11 March 23, 2004 17. SUMMARY AGENDA - THIS SECTION IS FOR ADVERTISED PUBLIC HEARINGS AND MUST MEET THE FOLLOWING CRITERIA: 1) A RECOMMENDATION FOR APPROVAL FROM STAFF; 2) UNANIMOUS RECOMMENDATION FOR APPROVAL BY THE COLLIER COUNTY PLANNING COMMISSION OR OTHER AUTHORIZING AGENCIES OF ALL MEMBERS PRESENT AND VOTING; 3) NO WRITTEN OR ORAL OBJECTIONS TO THE ITEM RECEIVED BY STAFF, THE COLLIER COUNTY PLANNING COMMISSION, OTHER AUTHORIZING AGENCIES OR THE BOARD, PRIOR TO THE COMMENCEMENT OF THE BCC MEETING ON WHICH THE ITEMS ARE SCHEDULED TO BE HEARD; AND 4) NO INDIVIDUALS ARE REGISTERED TO SPEAK IN OPPOSITION TO THE ITEM. FOR THOSE ITEMS, WHICH ARE QUASlJUDICAL IN NATURE, ALL PARTICIPANTS MUST BE SWORN IN. A. This item has been deleted. Request that the Board of County Commissioners adopt a resolution to make findings and to designate a Brownfield Area that is within a portion of a Collier Enterprise Zone and does not include any area outside the geographic boundaries of the Immokalee Regional Airport, all of which is in Collier County and is owned by Collier county, for purposes of environmental remediation, if needed, and for economic development of the designated Brownfleld Area; providing an effective date. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. SE-04-AR-5313, an ordinance amending Ordinance 03-46, the Artesa Point "PUD" Planned Unit Development to correct a Scrivener's Error resulting from the unintentional omission of the official zoning map number 1603N in the transmittal copy of the adopted ordinance to the Department of State for the property located on the east side of Collier Boulevard (CR 951) and the south side of U.S. 41 (Tamiami Trail) in Section 03, Township 51 south, Range 26 east, Collier County, Florida. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. PUDZ-2003-AR-3764, Michael R. Fernandez, AICP, of Planning Development, Inc., representing John J. Nevins, for the St. John the Evangelist Catholic Church, requesting a rezone from Planned Unit Development (PUD) to Community Facilities Planned Unit Development CFPUD, for a Project 14.89+ acre project known as St. John the Evangelist PUD. The applicant is amending the schedule of uses by deleting the adult assisted living facility use and changing the status of several' other uses from principal uses to accessory uses. The property is located at 625 111t' Avenue North, in Section 21, Township 48 south, Range 25 east, Collier County, Florida. This item requires that all participants be sworn in and ex parte disclosure,.be provided by Commission members. Companion Item: VA-2003-AR-4708. RZ- 2003-AR-3703, Immokalee Church of the Nazarene represented by William L. Hoover, AICP, requesting a rezone from the "P" Public Use Zoning District to the "CF" Community Facility Zoning District for property located at the southwest corner of the intersection of Colorado Avenue and 4th Street South in Immokalee, Florida, in Section 4, Township 47, Range 29, Collier County, Florida. This property consists of 1.55+ acres. 12 March 23, 2004 This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. Companion Item: RZ-2003-AR-3703. VA- 2003-AR-4708, William L. Hoover, AICP, of Hoover Planning and Development Inc., representing Immokalee Church of the Nazarene, requesting variances from LDC Section 2.2.19.4.3.1., in the Community Facilities "CF" Zoning District, from the 25-foot minimum front yard setback to allow a 10.1-foot setback for an existing covered sidewalk, and a 20.1-foot setback for the existing building located at the southwest corner of the intersection between Colorado Avenue and 4th Street South in Immokalee, Florida, in Section 4, Township 47 south, Range 29 east, Collier County, Florida. Consisting of 1.55+ acres. Request the Board of County Commissioners adopt a resolution supporting Satire Aircraft Company as a qualified applicant pursuant to Section 288.106, Florida Statutes; and providing an appropriation of $1,330,000 as local participation in the Qualified Target Industry (QTI) Tax Refund Program and Brownfield Area Program, and providing for an effective date. 18. ADJOURN INQUIRIES CONCERNINGCHANGES TO THE BOARD'S AGENDA SHqULD BE MADE TO THE coUNTY~IIANAGER'S OFFICE AT 774-8383. 13 .... Marcb23. 2004 AGENDA CHANGES BOARD OF COUNTY COMMISSIONERS' MEETING March 23, 2004 Add Item 4C: Proclamation proclaiming April 3, 2004 be recognized as Tag Day. (Staff request.) Continue Item 8B to the April 13, 2004 BCC Meetinq: The Board of County Commissioners actinq as the Community Redevelopment Aqency. Approve an ordinance amending Ordinances No. 2003-61 and No. 2003-62 to clarify the effective date provisions of those ordinances; provide for conflict and severability; and provide for an effective date. (Commissioner Coletta and Staff's request.) Continue Item 8E to the April 13, 2004 BCC Meetinq (Companion to Item 8B): Adoption of an ordinance of the Board of County Commissioners of Collier County, Florida, amending Ordinance No. 2003-63 to clarify the effective date provisions. Map clarification for Immokalee Residential Deferral Program. (Commissioner Coletta and Staff's request.) Withdraw Item 9D: Discussion regarding the adoption of a resolution requesting that the Governor, Senate and House not support taking dollars allocated for affordable housing and place them in the general revenue stream. (Commissioner Fiala request.) Add Item 10F: Adopt Resolution opposing proposed House Bill 1495 and Senate Bill 2774 related to the Unwarranted and Unjustified Elimination of Local Government Regulation of Wireless Communications Facilities. (Staff's request.) Item 16A1: The Board of County Commissioners actinq as the Community Redevelopment Ac~encv. Recommendation that the Community Redevelopment Agency (CRA) approve a budget amendment of $154,782 from Fund 186 Reserves to Fund 186 Expenses for utility and road projects in the Immokalee Redevelopment District. (Joe Schmitt, Administrator C.D.&E.S.) Move Item 16All to 10H: Adopt resolution supporting Florida Power and Light's Preferred Corridor Siting Certification for a new transmission line from the Orange River Substation in Lee County to the new substation in eastern Collier County. (Commissioner Coletta request.) Move Item 16C8 to 10G: Amend Professional Services Agreement 98-2891 with Metcalf and Eddy, Inc., for professional engineering services associated with the design and construction services for SCRWTP Reverse Osmosis Expansion Project, in the amount of $536,200, Project 70054. (Commissioner Fiala request.) Move Item 17G to 16A14: Request the Board of County Commissioners adopt a resolution supporting Satire Aircraft Company as a qualified applicant pursuant to Section 288.106, Florida Statutes; and providing an appropriation of $1,330,000 as local participation in the Qualified Target Industry (QTI) Tax Refund Program and Brownfield Area Program, and providing for an effective date. (Staff request.) Time Certain Items: Item 8A and 8F to be heard at 3:30 p.m. Item 9E to be heard at 2:00 p.m. Item 10E to be heard at 10:00 a.m. Items 12A and 12C to be heard at 12:00 noon in closed attorney-Client Session. Items 12B and 12D to be heard at 1:00 p.m. PROCLAA~A TZON J~/HEQEA$, I~VHEQEA$, each year in Florida, lives are endongered, money and time wasted, and property is destroyed because people fa//~o have undet~jround facilities located be£ore engaging in excavaHon or demolition; and, the one-call center "Call Sunshine" that se~ve$ the State of Florida. is the one-call agency that notifies pa~n'cipatin9 utility agoncies of plans to engage in excavation or demolition, and this undengcound protection system is a free sem4ce to the contractor as we//as the homeowner in diggin9 in his/her yard; and. the one-call center pro,des a toll-free number to call to help reduce damages to under~j~ound facilities, thereby reducing the loss of time and money to both contractors and utilities; and. in addition to helping save nme and money, the one-call system he/ps excavators comply and regdations of the construction to persons or FI/HEREA$, should will be requiring party. NOW of Collier $Oth, promo$ operation. DONG AND ORDERED TI-frS 23~ Day of A~arch, 2004. Carl storewide to notify or demolition COl_ ! rEg ~OUNTY, FLORIDA A TTE$ T: DONNA FZALA , CHAZR/AAN AGF~NqA~c~ TEM uo. 2 200, PROCLAA4A TION I~HEREA$, 14/HEREA$, H/HEREA$, sexual assault conh'nue$ to be a major social crisis in our sac/ely: where one out of every four women has been a v/cf/m; and, every woman faces the threat of potentially bream/n9 a v/ct/m; and, sexual assault affects eve~ child amd adult f~m ages 4 to 94 years in Collier ~oun~ a~ a ~/~vor or as a ~am/ly member. o~. ne/Ehbor or co-worker o~ a v/cdm/~vor; and. ~lunteers a~ ~e~ce p~vMe~ in ~r commun/~ a~ wahine p~e a condn~m o/ ca~ ~o s~al assaulf su~/vors ~h~uEh Z4-houc boding, counsel/~. ~P~ ~up~. a~vocacy, medical care. and educah~n; and. P~jecf ~ ~/~ ~rer seeks ~o in. ye se~/ces vich~/vors o~ ~al assaulf an~ p~v~f /u~ ~ual assauH th~h ~bl/c education, and ~cee se~/ce~ vicdm~; ~. a Hme an~ suppocf I, VHEQEAS, N°V/ on free of Coil/er Sexual us not just DONE AND COmmISSIONERS FLODZDA ATTEST: I~NNA FZALA, ~HAI~h~AN DWZGI..n' E. 8RO~K, EXECUTIVE SUMMARY RECOMMENDATION TO RECOGNIZE HERIBERTO (EDDIE) HARTNACK, COUNTY VETERAN SERVICES OFFICER, PUBLIC SERVICES DIVISION, AS EMPLOYEE OF THE MONTH FOR MARCH 2004 OBJECTIVE: To recognize Eddie Hartnack as "Employee of the Month" for March 2004. CONSIDERATIONS: Eddie Hartnack always encourages the Veterans he meets to visit the Veteran Services Department to explore any benefits that they may be entitled to, for serving our country - from WWII to current day soldiers. This has resulted in an outstanding network of Veterans who are currently being served by the Veterans Services Department in the Naples, Bonita Springs, Immokalee, Everglades City area, and areas in other parts of Florida and the Country. Ed always gees the extra mile to visit Veterans in the hospital or if a client has tried and cannot get a ride to a VA medical appointment, he takes the Veteran himself - when possible; If a Veteran is in need of a cane, walker, wheelchair, etc., Ed searches any and all resources to get one for him/her. Ed is very active in his church and through it, has helped Veterans in dire need receive money for their utility bills, rent, etc. He is also active in Habitat for Humanity and with toys for indigent children at Christmas time. He speaks, when asked, at nursing homes and clubs on benefits available to Veterans. Ed attends intensive, twice a year CVSOA (County Veteran Service Officers Association) training conferences. His file has many certificates of his achievements at these classes. Even though Ed is a retired (20-year) Army man, he has been given "Honorary Membership" in the Marine Corps League for exemplary service in the interests of the US Marine Corps and The Marine Corps League. Ed also visits widows of his Veteran clients when they request it - his personnel file is filled with letters of gratitude. But, most of all, Ed has been in the newspaper, more than any other County employee in recent years for his exemplary service in our community. Almost always in the articles, there is a reference to the fact that because Eddie persevered through the "system" (VA-Federal Government) and fought vehemently for his clients and through this effort, they received benefits when no one else was able to procure them. Ed's diligence to his clients has acquired them over $1,000,000 in retro pay. Ed is truly a Collier County employee passionate about his work and a superior role model in customer service, for all employees. FISCAL IMPACT: "Employee of the Month" selected receives a $150.00 cash award. Funds for this award are available in the Department Budget Cost Center. RECOMMENDATION: That Eddie Hartnack, Public Services Division be recognized as the · "Employee of the Month" for March 2004. :~ NO.. , ~ MAR 2 3 200, PREPARED BY: ~ ~ Dawn Ragone, Admir~trative Assistant Human Resources Department 6r Jean Merntt, Director Human Resources De.pa~rtm?)nt . A...OM~ ~Y: ~ Len Price, Administrator Administrative Services Division DATE: NAR 2 3 2004 COLLIER COUNTY MANAGER'S OFFI 3301 East Tamiami Trail · Naples, FL 34112 · 239-774-8383 · Fax 239-774-4010 March 10, 2004 Mr. Fred N. Thomas, Jr., Chairman lmmokalee Master Plan Committee and The Immokalee CRA Advisory Committee 1205 Orchid Avenue Immokalee, FL 34142-2830 Re: Public Petition Request to Discuss Rural Lands Effort in the lmmokalee Planning Zone Dear Mr. Thomas: P~ease be advised that you are scheduled to appear before the Collier County Board of Commissioners at the meeting of March 23, 2004, 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 the W. Harmon Turner Building (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. County Manager JVM/jb cc: David Weigel, County Attorney Joe Schmitt, Administrator, C,D.&E.S. 10 March 2004 Board of Commissioners Collier County 3301 East Tamaimi Trail Naples, Florida 34112 Dear Commissioners: As chairman and on behalf of the Immokalee Master Plan Committee, we request a public petition on the 23 March 2004 agenda for the following. To be consistent and in harmony with the rural lands efforts in our planning zone, the committee voted at a recent meeting to recommend extending the life of the current master plan committee for at least three years to coincide with the next review of the rural lands progress. This should only necessitate twice a year meetings for progress updates after we have completed our current task. This should also place only a minimum burden on staff for support. We thank you in advance for your continued support. Fred N. Thomas Jr. Chairman Immokalee Master Plan Committee CC: Jim Mudd County ManageV''/ COl I COUNTY MANAGe' S OFFI 3301 East Tamiami Trail · Naples, FL 34112 · 239-774-8383 · Fax 239-774-4010 March 2, 2004 Mr. William B. Eline 11030 Gulf Shore Drive Naples, FL 34108 Re: Public Petition Request to Discuss a New County Water Park at the Former Wiggins Pass Marina Property Dear Mr. Eline: Please be advised that you are scheduled to appear before the Collier County Board of Commissioners at the meeting of March 23, 2004, 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 the W. Harmon Turner Building (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. Sincerely, '~mes V. Mudd County Manager JVM/jb cc: David Weigel, County Attorney 3-1-2004 James Mudd, County Manager Collier County 3301 East Tamiami Trail Naples FL 34112 ?,ECEIVED~.~UNW MANAC-,ER ,, ~CTtON F~LE Dear Sir, Referring to our conversation I would like to petition the Board of County Commissioners to have the County purchase the land where the Wiggins Pass Marina was located and to convert the land to a new County Water Park. I have a comprehensive plan to do this and would appreciate the opportunity to present it to the Commissioners. The meeting date, March 23, 2004, would be good for me. Sincerely, William B Eline Pg. C'~ EXECUTIVE SUMMARY SV-2003-AR-4652, RICHARD YOVANOVICH, ESQ., OF GOODLETTE, COLEMAN, AND JOHNSON, P.A., REPRESENTING THE GREATER NAPLES CHAMBER OF COMMERCE, INC., REQUESTING A VARIANCE FROM SUBSECTION 2.2.5.2.5.2. OF THE LAND DEVELOPMENT CODE THAT PERMITS ONE WALL SIGN FOR EACH SINGLE-OCCUPANCY PARCEL WITH SINGLE ROADWAY FRONTAGE TO ALLOW TWO EXISTING WALL SIGNS TO REMAIN AFTER A COPY CHANGE ON A .43 ACRE LOT LOCATED AT 3620 TAMIAMI TRAIL NORTH, AND FURTHER DESCRIBED AS GULF ACRES SUBDIVISION, LOT 4, BLOCK B AND THE NORTH 75.5 FEET OF THE WEST 50 FEET OF LOTS 75 AND 76 OF NAPLES IMPROVEMENT COMPANY'S LITTLE FARMS IN SECTION 22, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA. OBJECTIVE: To have the Board of Zoning Appeals (BZA) review staff's analysis and recommendation, along with the Collier County Planning Commission (CCPC) recommendation, and then approve, approve with conditions, or deny the petition to allow the two existing wall signs to remain after a copy change on the subject property. CONSIDERATIONS: The Chamber of Commerce purchased the subject property and building in 1990. In compliance with the sign ordinance in effect at that time, the County issued permit number 900008466 for a single wall sign for the subject property. Subsequent to that sign permit approval, a duplicate sign was erected on the subject building. Neither the County nor the owner/agent has record of a sign permit for this second sign. Today, as was permitted in 1990, only a single wall sign is allowed on the subject property. Subsection 2.5.5.2.5.2. of the Land Development Code (LDC) provides, "...one wall sign for each single-occupancy parcel.., or where there is double frontage on a public right-of- way..." two signs shall be allowed. The applicant is requesting a variance from the allowed single wall sign to permit the two existing wall signs to remain after a copy (name) change. (Note: If this variance is approved, an after-the-fact sign permit - and building permit, if applicable - may be required for the second sign.) l~AR 23 200t~ ~ FISCAL IMPACT: Approval of this petition will have no fiscal impact on Collier County. GROWTH MANAGEMENT IMPACT: Approval of this variance will not affect or change the requirements of the Growth Management Plan. ENVIRONMENTAL ISSUES: There are no unusual environmental issues associated with this petition. H[qTORIC/ARCHAEOLOGICAL IMPACT: There are no historical or archaeological impacts associated with this petition. EAC RECOMMENDATION: The Environmental Advisory Council (EAC) does not normally hear variance petitions; therefore there is no EAC recommendation. CCPC RECOMMENDATION: At the February 19, 2004, CCPC meeting, the Commission forwarded petition SV-2003-AR-4652 to the Board of Zoning Appeals with a recommendation of approval subject to the stipulation that the sign variance be limited to the present tenant only. The motion passed 6-0; Chairman Budd abstained. DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW STAFF RECOMMENDATION: Staff recommended that the Collier County Planning Commission (CCPC) forward petition SV- 2003-AR-4652 to the Board of Zoning Appeals with a recommendation of denial. Staff's recommendation is based on the criteria established in the LDC regulating signs. However, staff recognizes that the Chamber of Commerce provides a valuable service to the community by promoting business, tourism, civic activities, and the general interests of the Naples area, and that to do so, it is essential that the Chamber of Commerce be visible to the public. In this instance, visibility can be achieved by approving additional signage. Accordingly, though staff recommended denial of the petition, staff further recommended that if the CCPC recommended approval of this sign variance petition, that the variance be limited to the C~ only. 2 3 2004 Executive Summary/SV-2003-AR-4652 2 of 3 ~ PREPARED BY: ~CI_iEIfE-R.-M~g/(~, AICP, PRINCIPAL PLANNER DEPARTMENT OF ZONING & LAND DEVELOPMENT REVIEW DATE REVIEWED BY: RAY I~L£OWS,-CHIEF PLANNER DEPARTMENT OF ZONING & LAND DEVELOPMENT REVIEW DEPARTMENT OF ZONING & LAND DEVELOPMENT REVIEW 3.3.04 DATE DATE APPROVED BY: j~IT~, ^DM~STR~TOR ~,ERVICES DIVISION Executive Summar~/SV-2003-AR-4652 3 of 3 I~AR 2 3 200~ AGENDA ITEM 8-A C ; er Coa ty STAFF REPORT COLLIER COUNTY PLANNING COMMISSION FROM: HEARING DATE: SUBJECT: DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION FEBRUARY 19, 2004 PETITION SV-2003-AR-4652 PROPERTY OWNER/AGENT: OWNER: AGENT: The Greater Naples Chamber of Commerce, Inc. 3620 Tamiami Trail, North Naples, FL 34103 Richard D. Yovanovich, Esq. Goodlette, Coleman & Johnson 4001 Tamiami Trail North, Ste. 300 Naples, FL 34103 REQUESTED ACTION: The petitioner is requesting a variance from Subsection 2.2.5.2.5.2. of the Collier County Land Development Code (LDC) that permits one wall sign for each single-occupancy parcel with single roadway frontage to allow two existing wall signs to remain after a copy change. GEOGRAPHIC LOCATION: The subject prop, erty is located at 3620 Tamiami Trail North, and is further described as Gulf Acres Subdivision, Lot 4, Block,B, and the north 75.5 feet of the west 50 feet of lots 75 and 76 of Naples Improvement Company's Little Farms, in Section 22, Township 49 South, Range 25 East, Collier County, Florida (refer to Location/Site Map on page 2). AaEnOA ~V-~ ,x---~ SV-2003-AR-4652 CCPC Date: February 19, 2004 Page 2 of 7 AGENDA ITEM ~AR23200~ i ~._ ~l PURPOSE/DESCRIPTION OF PROJECT: The Chamber of Commerce purchased the subject property and building in 1990. In compliance with the sign ordinance in effect at that time, the County issued permit number 900008466 for a single wall sign for the subject property. Subsequent to that sign permit approval, a duplicate sign was erected on the subject building. Neither the County nor the owner/agent has record of a sign permit for this second sign. Today, as was permitted in 1990, only a single wall sign is allowed on the subject property. Subsection 2.5.5.2.5.2. of the LDC provides, "...one wall sign for each single-occupancy parcel... or where there is double frontage on a public right-of-way..." two signs shall be allowed. The applicant is requesting a variance from the allowed single wall sign to permit the two existing wall signs to remain after a copy (name) change. (Note: If this variance is approved, an after-the-fact sign permit - and building permit, if applicable - will be required for the second sign.) SURROUNDING LAND USE & ZONING: Subject Property: Improved Commercial Property; zoned C-4 Surrounding: North - East - South - West - Improved Commercial Property; zoned C-4 Improved Commercial Property; zoned C-1/T Improved Commercial Property; zoned C-4 Tamiami Trail North AERIAL PHOTO AND ZONING MAP SV-2003-AR-4652 CCPC Date: February 19, 2004 Page 3 of MAR23200 I ANALYSIS: Section 2.7.5. of the Land Development Code grants the authority to the Board of Zoning Appeals (BZA) to grant variances. The Collier County Planning Commission is advisory to the BZA and utilizes the provisions of Section 2.7.5.6.1. through 2.7.5.6.8, which are general guidelines to be used to assist the Commission in making a determination. Below are responses to items in Section 2.7.5.6: Are there special conditions and circumstances existing, which are peculiar to the location, size and characteristics of the land, structure or building involved? There is an existing condition, which is peculiar to the structure involved. The building faqade adjacent to the arterial roadway (Tamiami Trail North) was designed and constructed with multiple windows, which limits the area for sign placement on the building front. However, this does not affect sign placement or size on the building sides, which have the greatest exposure to traffic on the adjacent roadway. e Are there special conditions and circumstances, which do not result from the action of the applicant such as pre-existing conditions relative to the property, which is the subject of the variance request? There is a pre-existing condition relative to the property, which is the subject of the variance request. The subject property does not have double frontage on a public right-of-way, required by the LD,C to allow for two wall signs. SV-2003-AR-4652 CCPC Date: February 19, 2004 Page 4 of ? MAR 2 3 200~ ~ Will a literal interpretation of the provisions of this Land Development Code work unnecessary and undue hardship on the applicant? A literal interpretation of the provisions of the LDC does not work unnecessarily or cause undue hardship on the applicant. There are other similarly improved commercial properties throughout the County without two wall signs. The LDC contains specific criteria that each property must meet in order to qualify for more than one wall sign. The subject property does not qualify for two wall signs because it does not have double frontage on a public right-of- way. Will the variance, if granted, be the minimum variance that will make possible the reasonable use of the land, building or structure and which promote standards of health, safety and welfare? A variance is not necessary to make possible the reasonable use of the land. Se Will granting the variance requested confer on the petitioner any special privilege that is denied by these zoning regulations to other lands, buildings, or structures in the same zoning district? There are improved commercial properties throughout the County similar to the subject property, which do not have two wall signs. This variance, if granted, will confer on the petitioner privileges that would be denied to other property owners, unless also granted a variance. 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? This variance will not be in harmony with the intent and purposes of the LDC, in that it will promote sign proliferation, which will have a deleterious effect on the aesthetics of the roadway. However, granting of the variance will not be injurious to the neighborhood or detrimental to the public welfare. o 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 no natural conditions or physically induced conditions that ameliorate the goals and objectives of the regulation. Will granting the variance be consistent with the Growth Management Plan? Approval of the variance Management Plan. will not affect or change the requirements CCPC Date: February 19, 2004 Page 5 of ? SV-2003-AR-4652 of the Growth ' AGEt~A I -'-- i AR 23 200z '. ~., EAC RECOMMENDATION: The Environmental Advisory Council (EAC) does not normally hear variance petitions; therefore there is no EAC recommendation for this petition. DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW STAFF RECOMMENDATION: Staff recommends that the Collier County Planning Commission (CCPC) forward petition SV- 2003-AR-4652 to the Board of Zoning Appeals with a recommendation of denial. Staff's recommendation is based on the criteria established in the LDC regulating signs. However, staff recognizes that the Chamber of Commerce provides a valuable service to the community by promoting business, tourism, civic activities, and the general interests of the Naples area, and that to do so, it is essential that the Chamber of Commerce be visible to the public. In this instance, visibility can be achieved by approving additional signage on their building. Accordingly, should the CCPC recommend approval of this sign variance petition, staff recommends that the sign variance be limited to this tenant only and upon vacating the premises, one of the two signs be removed. SV-2003-AR-4652 CCPC Date: February 19, 2004 Page 6 of 7 · AOENOA ITEM MAR 2 3 2004 q PREPARED BY: DEVELOPMENT REVIEW DATE REVIEWED BY: iLa~Y~EL-L--O--W-DE p3_RTNIEN? '~FI-Iz~o1~ PiN~EDRLAND DEVELOPMENT REVIEW Y, AICP, DIREC'~-R DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW DATE DATE APPROVED BY: ' / R J TO ~O~vlUNITY DEVELOPMENT & ENVIRONMENTAL ~VICES DIVISION Collier County Planning Commission: RUSSELL A. BUDD, CHAIRMAN DATE SV-2003-AR-4652 CCPC Date: February 19, 2004 Page 7 of 7 MAR 2 3 200z} p,,. lb , Kevin G. Coleman J. Dudley Goodlette Kenneth R. Johnson Richard D. Yovanovich Harold J. Webre, III Edmond E. Koester Linda C. Bri 'nkman Craig D. Grider Gregory. L. Urbangic. Matthew L. Grabinski Ryan H. Stephens GOODLETTE COLEMAN & ,JOHNSON, P.A. ATTORNEYS AT LAW Northern Trust Bank Building 4001 Tamiami Trail North Naples, Florida 34103 (941) 435-3535 (941) 435-1218 Facsimile RF-$UI!3MITTAL SV-2003-AR-4652 PROJECT #2003070023 DATE: 12/29/03 MICHELE MOSCA December 22, 2003 Writer's e-mail: rvova lov ch'a gcilaw.com Via Hand Delivery Michele R. Mosca, AICP Principal Planner Planning Services Department Collier County Development and Environmental Services Division 2800 North Horseshoe Drive Naples, Florida 34104 RE: Petition SV-2003-AR-4652 The Greater Area Naples Chamber of Commerce Dear Michele: Enclosed please find twelve (12) copies of the revised Sign Variance Petition for The Greater Naples Area Chamber of Commerce. We are now including the Affidavit of Compliance that notice has been provided to surrounding property owners along with a list of the property owners. Also included are the sign specifications per your request. The only evidence of a building permit being issued is attached. The County's file does not exist and our client's file has been destroyed. The sign company who installed the signs is no longer in business. If you have any questions or need additional information regarding this matter, please feel free to contact me. RDY:smc S:\DATA\WPDATA\LITIGATE;Cha m ber\ 12.22_03mosca.doc Very truly yours, Richard D. Yovanovich 23 200q COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS PERMIT HISTORY REPORT PE, RMITNBR: ~O0000~-UU JOBDESC:. WALLSION STATUS:COED JOB LOCATION: 362o TAMIAMI TRL N FOLIO NUMBER: oooo04797036ooo8 SUBDIVISION: 839 / Gulf Acres BLOCK: B LOT: 4 MA~TERNBR: o TRS: UNIT: TRACT: TAZ: X WATER: SEWER: COA: FLOODZONE: D OWNER NAME: NAPLES AREA CHAMBER OF JOB PHONE: CERT NBR: o DBA: JOB VALUE: $o.oo CONTACT NAME: MIKE CONTACT PHONE: (941)64~q777 SETBACKS: FRONT: REAR: LEFT: RIGHT: SPECIAL: Important Dates' APPLICATION IIAPPROVAt, IIIsSUED Ilco IIr~XPIRATION [lCANcEL IlExT-F-'xPmEs o9/27/1990 O9/27/1990 O9/27/1990 10/24/1990 O3/27/1991 Additional Info: ool oooooo ooooo SOO 935ooo461 Ilsubcontractors: ISubPermits: FEE SCHEDULE: RE-SUBMITTAL SV-2003-AR-4652 PROJECT #2003070023 DATE: 12/29/03 MICHELE MOSCA 08BPNP POSTED BLDG PERMITS - NAPLES N $42.00 Inspection History: ~Q ct~ss IID~scRi~rsoN/~amrsll~D-ffi~ I~Q DATE II ~c°°z II~SDATE IIINSPECTOR http://colliergov.net/commdev/permits/AllDetails.cfm?PermitNbr=900008466 MAR 2 3 200q Pg. I2/6/200J RE-SUBMITTAL SV-2003-AR-4652 PROJECT #2003070023 DATE: 12/29/03 MICHELE MOSCA SIGN VARIANCE PETITION Petition No. Planner Assigned: Date Petition Received: ABOVE TO BE COMPLETED BY STAFF Petitioner's Name: The Greater Naples Chamber of Commerce. Inc. Petitioner's Address: 3620 Tamiami Trail. North. Naples. Florida 34103 Telephone: 239-262-6976 E-Mail Address: -- Fax #: Agent's Name: Richard D. Yovanovich. Esquire Agent's Address: 4001 North Tamiami Trail. Suite 300. Na les. Florida 34103 Telephone: 239-435-3535 E-Mail Address: Fax #: 239-435-1218 *Be aware that Collier County has lobbyist regulations. Guide yourself accordingly and ensure that you are in compliance with these regulations. COLLIER COUNTY COMMUNITY DEVELOPMENT PLANNING SERVICES/CURRENT PLANNING 2800 N. HORSESHOE DRIVE- NAPLES, FL 34104 · PHONE (239) 403-2400/FAX (239) 643-6968 Application for Sign Variance Petition - 4/03 Legal Description of Subject Property: Please see attached. Subdivision: Unit Lot (s) _ Section Twp. _ Range Property I.D. # Block (s) 47970360008 Metes & Bounds Description: Please see attached. Address of Sign Location: 3620 Tamiagni Trail, North, Naples, Florida 34103 Current Zoning and Land use of Subject Parcel: Length & Height of wall upon which the Sign will be secured: (If Wall Sign) Width of Subject Property: (Road Frontage) Nature of Petition Provide a detailed explanation of the variance request including what signs are existing and what is proposed; the amount of encroachment proposed using numbers, i.e. reduce setback from 15' to 10'; why encroachment is necessary; how existing encroachment came to be; etc. Currently The Greater Napleg Area Chamber of Conm~erce has identification signs permanently attached to both the north and south side of the building located at 3620 North Tamiami Trail. The Petitioner recenfl¥ changed name fromNaples Area Chamber of Co.,nerce to The Greater Naples Area Chamber of Commerce. The existin¥. signs are being replaced to reflect the name change. The Petitioner is requesting this variance to be allowed tu install new signs on both sides of the building to replace the existing signs. The building is located on a narrow parcel which fronts U.S. 41. The parcel is approximately 75 feet in width and does not meet the minimum width requirements for a pole sign. Identification of the building would not be possible for the traveling publiq approaching the building from the south without a sign. A sign on both sides of the building will provide fm better safety for motor vehicle traffic to the building. The Greater Naples Area Chamber of Commerce is a not.. for-profit organization serving the residents of Collier County and identification of its building is of grea! importance to the residents of Collier County. Please note that staff and the Collier County Planning Commission shall be guided in their recommendation to the Board of zoning Appeals, and that the Board of zoning appeals shall be guided in its determination to approve or deny a variance petition by the below listed criteria (1-6). (Please address this criteria using additional pages if necessary.) Application for Sign Variance Petition - 4/03 MAR 2 3 2OOq Are there special conditions and circumstances existing which are peculiar to the location, size and characteristics of the land, structure, or building involved. The 75 foot width of the ro env does not allow the Petitioner to install a ole si n that conforms to current Coun re ulations. Please see the attached aerial and surve . Therefore wall si s are the onl alternative. .The Petitioner rovides a valuable service to Collier Coun businesses residents and tourists. It is Jm onant that these ou s are able to locate the The Greater Na les Area Chamber of Commerce on U.S. 41. Are there special conditions and circumstances which do not result fi.om the action of the applicant such as pre-existing conditions relative to the property which is the subject of the variance request. The narrow width of the roe rohibits the use ora ole si that can be viewed b motorists travelin north and south on U.S. 4f. In addition there is an existin directo si on the nei hborin ro .which would block a ole si if one were ermined. Will a literal interpretation of the provisions of this zoning code work unnecessary and undue hardship on the applicant or create practical difficulties on the applicant. Yes. There currently exists two wall si s on the buildin . Chart in the name of the entity re uires a new · ermit. Removal of one 0fthe signs will make it difficult for the ublic to identify the location of this ~m ortant uasi- ublic entity. ! 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 variance will allow two wall si s that ~vill meet the wall si standards. Will granting the variance requested confer on the petitioner any special privileo, e that is denied by these zoning regulations to other lands, buildings,-~-structures'in the same zon~'ng district. ' Althou h the si ordinance would not ermit two wall si s due to the unusual fact re ardin this ro er~v no. ecial rivile · will be ~ranted. If other ro ernes have the same fact situation the should be ~anted a variance as well. Application for Sign Variance Petition - 4/03 Will granting the variance be in harmony with the intent and purpose of this zoning code, and not be injurious to the neighborhood, or otherwise detrimental to the public welfare. The si a e will be re uired to meet all code re uirements. Therefore there will be no harm to ~ _e 1~.6EI~A~ nei hborhood and there will be no detrimental im act to the ublic welfare. I AR 2 3 2ff.;. Are there natural conditions or physically induced conditions that ameliorate the goals and objectives of the regulation such as natural preserves, lakes, golf course, etc. The narrow width of the property requires the use of wall signs. Will granting the variance be consistent with the growth management plan. Granting of the variance does not in any way contradict the provisions of the Growth Management Plan. Application for Sign Variance Petition- 4/03 I AR 23 200 I SIGN VARIANCE PETITION APPLICATION SUBMITTAL CHECKLIST .THIS COMPLETED CHECKLIST IS TO BE SUBMITTED WITH APPLICATION PACKET! REQUIREMENTS # oF COPIES REQUIRED 1. Completed Application 12 2. Completed Owner/Agent Affidavit, Notarized 1 3. Pre-application notes/minutes 12 4. Survey or Site Plan of property depicting the following: 12 a) All property boundaries & dimensions b) North arrow, date and scale of drawing c) All existing and proposed signs-(labeled as such) d) Existing sign setbacks & proposed sign setbacks 5. Location map dePicting major streets in area for 1 reference 6. Application Fee = $2000.00 Data Conversion fee = $25.00 Checks shall be made payable to: Collier County Board of County Commissioners 7. Other Requirements- As the authorized agenVapplicant for this petition, I attest that all of the information indicated on this checklist is included in this submittal package. ! understand that failure to include all necessary submittal information may result in the delay &process this petition. Applica~nt/Agent Signature Application for Sign Variance Petition - 4/03 Date RE.SUBMIT'TAL SV.2003-AR-4652 PROJECT #20030700 DATE: 12/29/03 NIlCHELE NIOSCA ,2 AC, EI~A IT'FJa MAR 2 3 ~'"" .,/7 AFFIDAVIT Weft, !Oeing first duly sworn, depose and say that we/I am/aretr, le owners 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, including the disclosure of interest information, all sketches, data, and other supplementary matter attached tO and made a part of this application, are honest and true to the best of our knowledge and belief. We/I understand that the information requested on this application must be complete and accurate and that the content of this form, whether computer generated or County printed shall not be altered Public hearings will not be advertised until this application is deemed complete, and all required information has been submitted ; As pr~ owner We/I fi~rther authorize Richard D. Yovanovich to act as our/my representative i"/jTgarding t~iti°n' Michael V. Reagen, Presid~nt ~ The Greater Naples Chamberof Commerce, Inc. Typed or Printed Name of Owner The foregoing instrument wasac owledgedbefore me this ! ~ day 200'5 , by'T'rl ; c_het e[ ~}. T~eo,~t~ ~ w_._hho is personallv ~own to ~ or has produced - as ident~c~Hon. ' State of Florida County of Collier Application for Sign Variance Petition - 4/03 (Signature of Notary Public - State of Florida.) (Print. Type, or Stamp Commissioned Name of Notary Public) My' COMMISSION ! CC 861722 I! .,~::,_,~:~._~;J EXPIRES:November21.2(X)3 Il RE-SUBMITTaL SV-2003-AR-4652 MAR 2 3 PROJECT ~20030700; MICHELE MOSGA FAX TRANSMITTAL Kay Oeselem, AICP, Principal Planner Current Planning. Planning Services Dept. Collier County Oovernmenl 2800 Horseshoe Drive North Naples, FL 34104 Sender's Fax: 239-213-29166 Sender's Direct Line: 239-213-2931 Should you have questions, please contact me at the number shown above. RE-SUBMITTAL SV-2003-AR-4652 PROJECT #200307002: DATE: 12/29/03 MICHELE MOSCA AC~tDA ITEM I~AR 2 3 .... RE-SUBMITTAL SV-2003-AR-4652 PROJECT #2003070023 DATE: 12/29/03 MICHELE MOSCA VARIANCE PETITION Date: PRE-APPLICATION MEETING NOTES & SUBMITTAL CHECKLIST 2:,5' P],,,er: t a¥ ; rroject AddrfLocation: ~bY_Lo-Z'Al~t~..l~, ~ ~ Applicant Name: ~.LCt4 Yto~bv~ ~vtc_~ Type of Petition: VAR J ? Current Zoning: C-- t~ ' OwDer Name: Owner Address: Phone: Meeting Attendees: SUBMITTAL REQUIREMENTS: 13/'- 15 copies of completed Application Addressing Checklist signed by Addressing Dept Pre-application meeting notes 15 copies of Conceptual Site Plan 24" X 36' plus (one 8 'A X 11 copy) Completed Owner/Agent Affidavits, Notarized 2 copies of Deed 2 copies of List identifying Owner & all parties of corporation Location map 5 copies of Aerial Photograph (taken within the previous 12 months) · ~ 4 copies of ElS or ElS waiver [3],." 4 copies of TIS [~ 4 copies of Utility Provisions Statement with sketches [3/"" Historical Survey or waiver request Public Participation Meeting affidavit, notes Pre-application Fee $300.00 (to be credited toward application fee below) ~ Fees: $1000.00 Application Fee 25.00 Data Conversion I~O.~ 0'I'- ~ · OTHER REQUIREMENTS: Agent/Owner Signature Date: 2 NtAR 2 3 20~ .....,, P/ PRE-APPLICATION MEETING SIGN IN SH£ET Project Name Date (~f Meeting Name Representing Phone # E-mail Address Kay Deselem Current Planning (239) 213-2931 kaydeselem@colliergov.net F ~,Pre.Apps\Copy of Pre-App sign in sheet.doc MAR 2 3 200~t Dctails Folio No.--[ 479703600~8 .----____ Current Ownership Pa§c ! o! Sec~on Sub No. "~ U~e Code To-reship Rant Acres Map No. $1rap 49 26 0.43 4A22 389800 la 44AZ2 389800 GULF ACRES Mllla e A_ r_p~. Millage 79 INSTITUTIONAL 8 13.2998 2002 Final Tax Roll Values Land V-lue [ (=} Market Vakm " ['(-) Hom~tea~ '.nd o~er E~empt Value ~ (=) Taxa~e Value SOH = ~ O~ Homm' exemal ~ue due ~ ~p on esses~nl increases. $ 415,2~-~¥ S 144,455.00 i S 559.705.00 S 0.00 559,70S.00 559.705.00 $ o.o0 Latest Sales History The rnforrnation is Ul:~lated Weekly. tttp//w~,~ coillerapprazscr com/RccordDctad as OFoll : ' ' ' · ', P. 'o1D=0000047970360008 ,L HAR 2 3 6/25/2003 ~ 659572~ ~DD~£SS~N6 P~6£ O/ ADDRESSING CtlECK£ISI' Plcazc complete the following and submit to ac Addressing Section for Review. Not all items will apply lo every oroject. Items in bold Vfpe are required. ]. Legal description of subject propcr~y or properties (copy qflengthy de.tcriptio, mov be otracke~ ~ 2. Folio (Prope~ ID) number(s) of above (attach tn. or arsociote with, legal dexcription i/more Ihan one) 479703~0008 - 3. Street address or addresses (aa applicable, ifa/ready asxi.gned} __3620 Tamiami Trail, North, Navlcs. Florida 34103 Local'ion map, showing exact location of project/site in relation to nearest public road right-of-way (attach) 5. Copy of survey (NEEDED ONLY FOR UNPLATTED PROPERTIES) 6. Proposed project name (if applicable) 7. Proposed Street names (ffapplicable) 10. !I. 8. Site Development Plan Number (FOR EXISTING PROJECTS/SITES ONLY) SDP 9. Petition Type - (Complete a separate Addressing Checklist J"-] SDP {'Site Development Plan) [] SDPA (SDP Amendment) [~ SDPI (SDP Insubstantial Change) [~ SIP (Site Improvement Plan) O SI'PA (SIP Amendmcnt) , r-] SNR (Street Name Change) [~ Vegetatlon/Exotic (Vcg. Removal Permits) ~] L~d Use Petition (Variance, Conditional Usc, Boat Dock Ext., Rezone, PUD rczone, etc.) for each Petition Type) ~ ~- Describe: Sism V~i_'ance -- Project or development names proposed for, or already appearing in, condominium documents (if applicable; indicate whether proposed or existing) PPL (Plans & Pint Review) PSP (Preliminary Subdivision Plat) O Fl:' (Final Plat) [] LLA (Lot Line Adjustment) [--] BL (Blasting Pen-nil) ~] ROW (Right-of-Way Permit) f'"] EXP (Ex~vation Permit) EJ VRSFP ('Veg. Removal & SIte Fill Permit) Ple~e Check One: X Checklist is to be Faxed Back Personally Picked Up FOR STAFF USE ONLY 12. Applicant Name Richard D. Y0vanovicb Phone 4_35-3535 Fax~ 13. Signature on Addressing Checklist docs not constitute Project andS/or Street Name apprOval and is subject to further r~sdcw by thc Addressing Section. Rcv~ ~,-d Approved by~ Primary Number Address Number ^ddm~s Numbe~ Address Number J DNI~137Dg fk 'ON OVO~I ~ VJ.£ 71V~t~ IPiVI~V~ ~I-~-ZUU::I WI:I) UB:4/ AM NAFLt'5 CHAMBI:I< 1B/21/21103 17:02 94164324~.~9 FAX NO. SIGNOR~T 239 262 8374 P, 03/04 84 <OD uJ UJ O O RE-SUBMITTAL SV-2003-AR-4652 PROJECT #2003070023 DATE: 12/29/03 MICHELE MOSCA MAR 2 3 2 Pg .~ 0CT-22-2003 ~IED 09:47 t~11 N~PLE$ CHi~liBER F~X NO. SIGNCR~T 239 2~2 8374 P~ P. 04/04 05 GFIE AT ER NAPLES CHAMI~ER COMMEF:CE NAR 2 3 2004 AFFIDAVIT OF COMPLIANCE I hereby certify that pursuant to Ordinance 01-60, of the Collier County Land Development Code, I did give notice by mail to the following property owners and or condominium and civic associations whose members may be impacted by the proposed land use changes at their current address as shown by the records of the Collier County Property Appraiser of an application request for Sign Variance Petit_ion. The said notice contained the laymen's description of the site property of proposed change. ' Per attached letters and or property owner's list, which are hereby made a part of this Affidavit of Compliance Richard D. Yovanovich State of Florida County of Collier The for_egoing ~ffidavit o~ ,C.o~mpli~.nce was acknowledged before me this dayof___~,c°2~ y ]Li/~cL ~ X,~¥OflOV~ p~ to me or Who has produced ~ as identification. (Signature of Notary Public) ilb?'b" ;i MY COIdMISSION # DO 165165 I1~.-~,~$ EXmES: Janua'/14, 2007 Michele W. Caswell (Print name of Notary Public) NOTARY PUBLIC , who is RE-SUE1MIT'FAL SV-2003-AR-4652 PROJECT #2003070023 DATE: 12/29/03 MICHELE MOSCA Z z ZZZ--r '~ Z z I~A?. 2 3 ~ ZZZZZ ~.'.2 2 3 200~ Z ZZ ZZ ZZZZZZZZ Z a ~o~ ~i ~OOZ ~ ddoddNd ddddd ZZZ ZZ zzz 0o00 S @ MAR ......... RESOLUTION 04 -__ A RESOLUTION OF THE BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORIDA RELATING TO PETITION NUMBER SV-2003-AR-4652, FOR A SIGN VARIANCE ON PROPERTY HEREINAFTER DESCRIBED IN COLLIER COUNTY, FLORIDA. WHEREAS, the Legislature of the State of Florida in Chapter 125, Florida Statutes, has conferred on ail counties in Florida the power to establish, coordinate and enforce zoning and such business regulations as are necessary for the protection of the public, and WHEREAS, the County pursuant thereto has adopted a Land Development Code (Ordinance No. 91-102) which establishes regulations for the zoning of particular geographic divisions of the County, among which is the granting of variances, and WHEREAS, the Board of Zoning Appeals being the duly elected constituted Board of the area hereby affected, has held a public hearing after notice as in said regulations made and provided, and has considered the advisability of allowing two existing wall signs to remain after a copy change, from the required one wall sign for each single-occupancy parcel with single roadway frontage as shown on the attached sign plan, Exhibit "A", in a C-4 Zoning District for the property hereinafter described, and has found as a matter of fact that satisfactory provision and arrangement have been made concerning all applicable matters required by said regulations and in accordance with Subsection 2.5.5.2.5.2., of the Land Development Code, and WHEREAS, all interested parties have been given the opportunity to be heard by this Board in public meeting assembled and the Board having considered alt matters presented, NOW, THEREFORE, BE 1T RESOLVED BY the Board of Zoning Appeals of Collier County, Florida, that: Petition SV-2003-AR-4652 filed by Richard Yovanovich, Esq., of Goodlette Coleman and Johnson, P.A., representing The Greater Naples Chamber Of Commerce, Inc., with respect to the property hereinafter described as: Gulf Acres Subdivision, Lot 4, Block B, and the north 75.5 feet of the west 50 feet of lots 75 and 76 of Naples Improvement Company's Little Farms recorde._~d in Plat Book 1, Page 111, of the Official Records of Collier County, Florida AC. ff3IDA be and the same hereby is permitted to retain two existing wall signs after a copy change, from the required one wall sign for each single-occupancy parcel with single roadway frontage as shown on the attached sign plan, Exhibit "A", of the C-4 Zoning District wherein said property is located. BE IT RESOLVED that this Resolution relating to Petition Number SV-2003-AR- 4652 be recorded in the minutes of this Board. This Resolution adopted after motion, second and majority vote. Done this day of 2004. BOARD OF ZONING APPEALS COLLIER COUNTY, FLORIDA ATTEST: DWIGHT E. BROCK, CLERK BY: DONNA FIALA, CHAIRMAN Approved as to Form and Legal Sufficiency: M arj o-rie (l~l. St'ude'nt' Assistant County Attorney Attachments: Exhibit A - Sign Plan G/C u rmnt/SV-2003-A R-4583/M M 2 of 2 tdAR 2 3 200 , EXHI~BIT A SV-2003-AR-4652 IJ.I IJ.! IJ.I iJ.I I.l.i MAR 2 3 20C'~ EXECUTIVE SUMMARY RECOMMENDATION THAT THE BOARD ADOPT FOUR (4) RESOLUTIONS DESIGNATING STEWARDSHIP SENDING AREAS 1, 2, 3 AND 4 (SSA) WITHIN THE RURAL LANDS STEWARDSHIP OVERLAY DISTRICT (RLSA) INCLUDING SSA CREDIT AGREEMENTS AND PERPETUAL STEWARDSHIP EASEMENTS FOR EACH SSA IN RESPONSE TO A JOINT APPLICATION BY BARRON COLLIER INVESTMENTS, LTD., AND BARRON COLLIER PARTNERSHIP BACKGROUND: The Stewardship Credit Program is the foundation of the Rural Lands Stewardship Area Zoning Overlay District (RLSA), which has been recognized in Florida, regionally and nationally for visionary methodology to insure the protection of environmentally significant private lands from development. Collier County adopted the RLSA as the implementing regulation for the Growth Management Plan amendments known broadly as the "Rural/Eastern Lands Amendment" which were developed in response to Administration Commission Final Order No. AC 99-002 requiring a "Rural and Agricultural Assessment." The Assessment was bifurcated and two committees were appointed to address the "Rural Fringe" and the "Eastern Lands" in parallel over a three- year period. The Eastern Lands Area Oversight Committee (ELAC) held 33 meetings resulting in the adoption of the RLSA by the Board of County Commissioners on October 22, 2002. This joint application by Barron Collier Investments, Ltd., and Barton Collier Partnership (BCI-BCP) to designate SSA numbers 1, 2, 3 and 4 is a proactive initiative to accelerate the achievement of the goals of the Stewardship Credit Program of the RLSA. The RLSA encompasses approximately 195,000 acres, the majority supporting agricultural uses. At the time of Assessment, approximately 113,000 acres (58%) of the area was classified as agriculture with infrastructure. Grazing leases accounted for another 63,600 acres (33%). Public lands accounted for approximately 13,000 acres (7%). Other uses such as residential, commercial, mining, etc. accounted for 3,600 acres (2%). Water accounted for 2000 acres (1%). The BCI-BCP proposed SSA designations total 5,286.18 acres, "...including lands within the Camp Keais Strand and Okaloacoochee Slough. All of the land is either within a Flow way Stewardship Area or an adjoining Habitat Stewardship Area, and over 4,000 acres are also within the Big Cypress Area of Critical State Concern. In all of the proposed SSAs, residential uses, general conditional uses, earth mining and processing uses, and recreational uses will also be eliminated. In the most sensitive areas, active agricultural activities referred to as Ag 1 and it's supporting uses will also be eliminated," per the applicants' consultants, Wilson Miller, Inc. CONSIDERATIONS: On June 18, 2003, BCI-BCP submitted the application known as BCI-BCP Stewardship Sending Areas 1, 2, 3 & 4 Designation Application (AR-4359), to the Community Development and Environmental Services Division (CDES). Comprehensive Planning, Environmental Services and the County Attorney conducted a MAR 2 3 200 review of the submitted documents, maps and digital media files and on August 25, 2003, CDES declared the application complete and sufficient for review. The SSA Designation Application involves the designation of 5,285.1 acres referred to as SSAs 1, 2, 3 and 4 within the boundaries of the RLSA. The locations and associated acreage of the proposed SSAs are indicated on Figure 1. SSAs 1 and 2, totaling approximately 850.72 acres are located within the Camp Keais Strand. SSA 1 and 2 were selected because of their high natural resource value as part of the regional flow way and their value as listed species habitat. Panther telemetry points exist within and around SSAs 1 and 2, and two documented wading bird rookeries occur adjacent to these areas. The proposal for SSAs 1 and 2 is to remove all Land Use Layers down to Agriculture Group 2, as defined in the Land Use Matrix, LDC Section 2.2.27.9.4. SSAs 3 and 4, totaling approximately 4,435.46 acres, are located in and adjacent to the Okaloacoochee Slough within the Area of Critical State Concern (ACSC). SSA 3 and 4 lay either side of CR-846 east of Immokalee and were selected primarily because panther telemetry data indicate extensive movement of panthers through these SSAs, which function as part of a regional wildlife corridor. In addition to the panther utilization, SSAs 3 and 4 contain significant amounts of natural upland and wetland habitat that possess a high Natural Resource Index score. The main Okaloacoochee Slough flow way passes through these SSAs, and a rookery for multiple wading bird species is located within SSA 3. The proposal for SSAs 3 and 4 is to remove Land Use Layers as identified in the Land Use Matrix down to the current agricultural use, (Agriculture - Group 1 or Agriculture - Group 2). LDC Section 2.2.27.9.4(b) Land Use Matrix R~M~ntial General Earth Mining and Recrea~onal Agriculture Agrtcullure Agriculture Cor~erv~Oon, Land Uses Condidonal Uses Processing Uses Uses Group I - Support Uses Group 2 :Restorat/on and Naluril Resources Single-family Family cam Excavation, Golf courses Crop raising; Farm I~x)r housing Unimproved paslum Wildlife manage, dwelling, incl. facili'des(P) ex'~ac~onor and/orgolf hodiculture;fruit(A) and grazing, foresffy )lant and wildlife mobile home (P) earthmining and driving rangesand nut (p) consewancies, refuges related processing(CU) )roduclJon; and sanctua~s (P) and produc~n (CU) groves; nurseries; (P) [(P) in MH ffansfer sites for concl*ete bat~ Insl~c-tiortal(olhef than Unprocessed raising (P) groundwater rechalge (P) Over~, (^) as res~ r~co~eff mak~j paros (CU) ~sc~x~s a~d ~toc~), ra~r~j agr~ur~ products; temperay use] (CU) camps (CU) Irain~, stabli~ c, grown primarily on ~ kenneli~ (P) property (A) Private Veterinary clinic Sporting and Dairying, Retail plant nurseries Hunting cabins (CU)Restoration, rni~jation (P) boathouses and (CU) Recrea~o~ be~eep~j; (CU) docks on lake, camps (CU) poutt~y and egg canal <x )roduc~don; milk waterway kas (^} ~roductim LDC Section 2.2.27.9.4(b) Land Use Matrix (cont'd) Resident, fei General Earth Mining and RecreaUona, Agricutlure Agriculture A~F~.ulture Conse~,a~on, Land Uses Cond/#onal Uses Processin~ Uses Uses Group I . Support Uses Group 2 Res~ra~n and Natural Resources Recrealional Child care ceeters Aquaculture fa* naWe Pad(inghouse or Cultural, educatJoeal, Water supply, wei~.~s facilities integralami adult day care species (P) and non* similar agricultural of recreatJor~ (P); oil and gas to residential ce~tas native species (CU) ;)rocessin(j of farm fadlrdes and their exploration (P) e.g., golf coume, the property (A) tran.%oofdng o~ patrons; tour but not limited to and tennis aieooats, swamp playgrounds and similar modes of p~K~ds (A) b~ansoona~ (CU) Guesthouses (A) Zoo, aquarium, The commerc~ Sawmills (CU) Excaval~o~ and Bo~C~wa~. nature ~, avian/, botanical product~, raising or retated processing , (P) gard~, o~ olher breeding o~ exolic incidental to Ag(A) s~aar uses (CU) and'nas (CU) Churches and Wholesale repl~le Natural resources not other places of Ixeeding and raising - othewise listed (P) worship (CU) nor~-ve~omo~s {P) and venomous(CU) Communications Essential sennces (p d~ towe~ (P)(CU) CU) Social and Oil and gas field Fraternal development and organizations (CUl ~roduc'don (CU) Private landing ' strips for general a~a~o. (CU) Cemet~es (cu) Scho~s Group care fad~des, AU: (CU) The BCI-BCP Stewardship Sending Areas 1, 2, 3 & 4 Designation Application includes a Natural Resource Index Assessment. This Assessment is consistent with the requirements of the RLSA, LDC Section 2.2.27, and the intent to eliminate certain land uses in order to protect natural resources and retain agriculture activities, in exchange for transferable Stewardship Credits (credits) that can be used to entitle compact development. The Assessment provides the following: (1. Establishes the boundaries of each SSA (see Figure 1). (2. Documents the Natural Resource Index value scores assigned to each of the four SSAs (see Table 1 & 2). (3. Proposes the elimination of certain land use layers (see Table 1). (4. Quantifies the acreage of all lands by type within the SSAs that barf, 3 MAR 2 3 200 an Index value greater than 1.2 (see Table 3). (5. Quantifies all lands, by type, being designated as an SSA within the Big Cypress Area of Critical State Concern (ACSC) (see Table 4). (6. Documents the Restoration Potential Index values for 172_+ areas of the total 5,286.18 acres being included in the SSAs (see Table 5). (7. Quantifies the acreage of agricultural lands, by type, included within the SSAs (see Table 7). (8. Calculates the resulting number of Credits being generated (see Tables 6 & 8). (9. Verifies that the Index value scores assigned are valid. The tracking procedure for Stewardship credits will be accomplished through The Rural Lands Stewardship Credit System Database and Geographic Information System (GIS), which consists of ArcGIS maps, and databases. The data polygon boundaries submitted by the applicant will be used to define the generation area of the Stewardship Sending Credits. Upon designation of the SSAs by the Board, the credits will be entered into the database for the polygon coordinates that geographically describes the area that generated the credits. There are fields in the GIS database to record the SSA number, the date the application is approved, and the number of credits for that area, date, SRA ID, credits transferred, and the credit balance. Stewardship Receiving Areas (SRA) are added and tracked by the SSA ID numbers which generated the credits used to entitle the acreage. Tracking of the utilization of the credits is accomplished by querying the data to summarize the credit balance. SRA utilization of sending credits are entered as negative numbers. The SRA ID is entered in a separate field to add flexibility and allow queries based on the SRA. This will allow a spatial display of credits generated and / or credits used. Credit Balances are determined by queries in the database. The Sending Credit Balance query will list each area (polygon) that contributes to the SSA and computes a balance at that date for each SSA polygon. Making adjustments to SSAs that do not utilize all of the potential credits or do not send all available credits with the first transaction will not overly complicate the data. Subsequent SSAs that include existing SSA areas can be managed as adjustments to the polygons and new fields can be inserted to reflect the date and SSA number in the data record. The applicant (BCI-BCP) has utilized descriptions of areas within SSAs 3 and 4 where differing Land Use Layers have been removed based on said GIS Mapping. Various professionals that might review the area where differing Land Use Layers have been removed have determined that the GIS Mapping description is a more useful description than a metes and bounds description. Within BCI-BCP SSAs 3 and 4, the mapping methodology to establish different land use layer boundaries was intended to delineate and digitize identifiable site features such as ditches, berms, or farm field edges on aerial photographs with 2.5' pixels using ESRI Geographic Information Systems software. These digitized lines are expressed in Florida State Plane Coordinate System, Florida East Zone, NAD 83, GRS80, and can be accurately translated to a metes and bounds legal description. The digitized lines represent the existing site conditions as of the date of the aerial photograph (April, 2003). ~.Ar'~A ~T~ ~ 4 MAR 2 3 200~. ~. The County and the applicant have determined that the GIS Mapping description is more useful to the County staff, other agencies, and interested parties than a metes and bounds legal description. The parties realize that it would be a disincentive to the RLSA Program to require a metes and bounds legal description because of the cost. Therefore, a resolution BCI-BCP SSA 3 AND 4 DESCRIPTION AGREEMENT will be adopted by the Board to address the contingency should the GIS Mapping description be found invalid as a legal description in a court of law and is included by reference herein. TABLE 1 Summary Of The Number Of Acres Being Designated As An SSA By Natural Resource Index Values Totals HSA WRA ~ TO~I AG1 AG1 AG2 AG2 Credits Credits Total Cn~ Index FSA Total Tolal Total SSA Acres Acres 0.9 Value Total Ac~s Acres ACheS Acres Acres 0.6 0.2 0.0 0.2 0.0 0.0 0.2 0.2 0.0 0.0 0.0 0.0 0.3 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.4 0.0 0.2 0.0 0.0 0.2 0.2 0.0 0.0 0.0 0.0 0.5 0.7 0.6 0.0 0.0 1.4 0.4 0.1 1.0 0.5 0.6 0.6 0.0 10.7 0.0 0,0 10.7 2.7 1.0 8.0 4.3 5.3 0.7 1.0 0.7 0.0 0.0 1.7 0.3 0.1 1.4 0.9 1.0 0.8 0.2 415.7 0.0 0.0 415.9 374.9 179.9 41.0 29.5 209.5 0,9 0.0 75.4 0.0 0.0 75.4 4.1 2.2 71.3 57.8 60.0 1.0 12.5 1322.4 0.0 0.0 13,34.8 1051.2 630.7 283.6 255.2 886.0 1.1 3.7 384.5 0.0 0.0 388.2 140.9 93.0 247.4 244.9 337.9 1.2 50.9 79.7 0.0 0.0 130,6 14.0 10.1 116.6 125.9 136.0 1.3 19.5 688.5 0.0 0.0 707.9 42.7 33.3 665.2 778.3 811.6 1.4 51.3 618.0 0.0 0.0 669.3 10.0 8.4 659.3 830.7 839.1 1.5 10,4 96.1 0.0 0.0 106.5 45.0 40,5 61,6 83.1 123.6 1.6 27.1 223.2 0,0 0.0 250.4 20.7 19.9 229.6 330.7 350.6 1.7 80A 110,5 0.0 0.0 190.9 18.8 19.2 172.1 263.3 282.5 1.8 401.3 74.3 0.0 0.0 475.7 2,5 2.7 473.2 766.5 769.2 1.9 169.8 3,6 0.0 0,0 173.4 3.5 4.0 169.9 290.5 294.5 2.0 6.6 0.0 0.0 0.0 6.6 0.0 0.0 6.6 11.8 11.8 2.1 4.9 0.1 0.0 0.0 5,0 0.1 0.1 5.0 9.4 9.5 2.2 336.3 3.0 0.0 0.0 339.2 0.7 0.9 338.6 670.4 671.2 2.3 1.5 0.0 0.0 0.0 1,5 0.0 0.0 1,5 3.1 3,1 2.4 0.4 0.1 0.0 0.0 0.5 0.0 0.0 0.5 1.1 1.1 2.5 0.0 0.0 0.0 0.0 0,0 0.0 0.0 0.0 0.0 0.0 2.6 0.0 0.2 0.0 0.0. 0.2 0.0 0.0 0.2 0.5 0.5 Grand Total 1178.43 4107.76 0.0 0.0 52~18 1732.64 104~.03 3553.54 4758.45 5804.48 ACSC Land 3782O 40~.27 0.00 0.00 I 4435.O II ~m~4 I 1046.03 I 27o2.82 t 3277.28 4323m TABLE 2 Summary Of SSA Acreage Relative To NRI Value Of 1.2 Area Number NRI > 12 i NRI > 12 Total Acres To~ AC~ ] Total Acm I 8.11I - 138.46 146.58 2 5.36 . 698.79 704.14 3 1616.24 1579.30 3195.54 4 729.42 __ 510.51 1239.92 Gr~nd Total 235g.13 2927.05 52~.18 TABLE 3 Land By Stewardship Type Witli NRI Value > 1.2 FSA HAS WRA Open Area Number NPJ > 1.2 NRI > 12 NRI > 12 NRI > 12 Total Acr~ Total Acres Total ACm~ Total ~ Total Acres I 138.46 0.00 0.00 0.00 138.46 2 650.53 48.26 __ 0.00 0.00 698,79 3 130.51 1448.79 0.00 0.00 1579.30 4 190.02 320.49 0.00 0.00 510.51 Grand Total 1109.52 1 811.,53 0.00 0.00 z~rZL05 TABLE 4 Land By Stewardship Type Within The ACSC FSA HAS I WRA Oplm ~ Number In ACSC M ACSC In ACSC In ACS(;: To~l Acm To~al Acre~ Total ACm~ Total Acre~ To~i Acm~ 1 0.00 0,00 0.00 0.00 0,00 2 0.00 0.00 0.00 0.00 0.00 3 180.0 3015.5 0.00 0.00 3195.5 4 198.2 1041.7 0.00 0.00 1239.9 Grand Total 378.2 40573 0.00 0.00 ,1435.5 MAR23200 TABLE 5 Acreage Summary Application of Restoration Potential Index Restoration Area Within Area 4 FSA Amas FSAAmas HAS Amas HAS Amas FSA Acres Credits HAS ~ Credits Wading Bird (.4) 72.3 26.0 0.8 0.2 La~e Mammal (.5) 53.9 23.1 44.6 14.0 Total 126.2 49.2 45.5 142 TABLE 6 Credit Adjustments Within Area 4 Total AG,.1 Cmdita Total AG-2 Credits Total Cmdita Restoration Potential 14.6 48.8 63.4 Large Mammal {.5) 385.1 707.3 1092.4 Total Cmdita Alter 3~9,6 756.1 1155.8 TABLE 7 Agricultural Lands Being Retained Area Number AG - 1 AG, 2 Total Acres I 0.00 148.58 146.58 2 0.00 704.14 704.14 3 1078.64 2116.91 3195.54 4 654.01 585.91 1239.92 Grand Total 1732.64 3553.54 52S6.18 TABLE 8 Credits Calculation Summary SSA Acres Regular Cmdita HAS Acres Credita Per Acre Beaus Credits Total Credits Ama 1 146.58 263.6 0.00 1.0 0.0 263.6 Ama 2 704.14 1217.6 50.49 1.0 50.5 1268.1 Area 3 3195.54 3167.5 3015.52 0.5 1507.8 4675.2 Area4 1239.92 1155.8 1041.72 0.5 520.6 1676.7 5286.18 58043 4107.76 2079.1 7883.6 7 AGENDA MAR 2 3 '~"'" Figure I Legend __ ACSC I F~owway SIL=~verdshlp A~ea (FSA) ~ S~ B ~da~ ~ Hab~ Sle~rdsh~ ~ea ~) [~ ~ler R~e~n ~ea ~ BCI-BCP SSA 1,2,3 &4 ssA~: ~46.~8 +~- I~1~ SSA 2:704.14 +/- Location ssa 3: 31~.~ ~ Figure 1 s~4:12~92 w- C Counmj ,~,;'~ ....... ~ Applicants petitioning for Stewardship Sending Areas, who will obtain SSA credits for the land so designated, must include a credit agreement per LDC Section 2.2.27.9(C) 5. BCI and BCP are the owners of approximately 5,286.18 acres of land in four (4) separate locations within the boundaries of the Rural Lands Stewardship Area Zoning Overlay District, which is the subject of the Stewardship Sending Area Application. The owners have voluntarily requested that the subject areas be designated as Stewardship Sending Areas and have provided the credit agreements that are included by reference herein. LDC Section 2.2.27.9(C) 6, requires that the SSA credit agreement shall be approved by a resolution of the BCC at an advertised public meeting by majority vote. The petitioner has submitted resolutions for the subject areas, which are attached. Additionally, the AGENDA I T~ ~{._ MAR 2 3 200~, LDC requires in Section 2.2.27.9(C)7, that following approval by the county, an SSA memorandum shall be prepared and recorded in the public records, together with necessary portions or exhibits. LDC Section 2.2.27.9(C)8, requires that the applicant shall prepare and submit stewardship easement agreements in all cases except when the property is being deeded in fee simple to a "conservation/preservation agency." The stewardship easement agreements are also attached. Further, the LDC in Section 2.2.27.9(E) 2 requires that following the board's approval of the SSA application and SSA credit agreement, a legal description of the land designated SSA, the SSA credits granted, and the stewardship easement applicable to such lands, shall be provided to the Collier County Property Appraiser and the applicant, and shall be recorded within 30 days by the applicant in the public records. FISCAL IMpAcT: The petitioners BCI-BCP have paid fees totaling $42,000.00 for the processing and review Of the application, and the development and maintenance of a Stewardship Credit System Database for the purpose of tracking credits. There are no additional fiscal impacts associated with the application. GROWTH MANAGEMENT IMPACT: The Rural Lands Stewardship Area Overlay in the Future Land Use Element (FLUE) establishes the process and requirements for establishing SSAs, what lands qualify for SSA designation, and the use limitations for lands once designated as SSAs; it is implemented through the Rural Lands Stewardship Area Zoning Overlay District. The zoning overlay contains the same requirements and limitations as the FLUE Overlay. Therefore, inasmuch as staff's analysis indicates this petition for designation of SSAs is in compliance with the RLSA Zoning Overlay, it may also be found to be consistent with the FLUE. RECOMMENDATION: That the board adopt four (4) resolutions designating Stewardship Sending Areas 1, 2, 3 and 4 (SSA) within the Rural Lands Stewardship Overlay District (RLSA) including SSA Credit Agreements and Perpetual Stewardship Easements for each SSA in response to a joint application by Barron Collier Investments, Ltd. and Barron Collier Partnership. Also, that the Board adopt a resolution, BCI-BCP SSA 3 and 4 Description Agreement, pertaining to polygon boundaries. That staff prepare an SSA memorandum to be recorded in the public records together with the necessary portions or exhibits of the SSA Credit Agreement and easements. That staff provides said documents to the Collier County Property Appraiser and the applicant, and that within 30 days of adoption the applicant shall record same into the public records. 03/01/04 version 2 9 No.A~i~"NI)A I1~ ~-~ H R23200 PREPARED BY: PRINCIPAL PLANNER RANDY COHEN COMPREHENSIVE PLANNING DEPARTMENT MANAGER DATE REVIEWED BY: S~TAN LITSINGErR, AICP f COMPREHENSIVE PLANNING DEPARTMENT DIRECTOR DATE APPROVED BY: ~I~MMUNITY DEVELOPMENT & ENVIRONMENTAL S~RVICES ADMINISTRATOR Attachments: Designation Resolution (4) SSA Credit Agreement (4) SSA Easement Agreement (4) SSA 3 and 4 Description Agreement 10 AGENOA I I HAR 2 3 200~ RESOLUTION 2004- A RESOLUTION OF THE COLLIER COUNTY BOARD OF. COUNTY COMMISSIONERS DESIGNATING 146.58 ACRES IN THE' RURAL LAND STEWARDSHIP AREA ZONING OVERLAY DISTRICT AS A STEWARDSHIP SENDING AREA WITH A DESIGNATION AS "BCIIBCP SSA 1," APPROVING A STEWARDSHIP SENDING AREA CREDIT AGREEMENT FOR BCI/BCP SSA 1, AND ESTABLISHING THE NUMBER OF STEWARDSHIP CREDITS GENERATED BY THE DESIGNATION OF SAID STEWARDSHIP SENDING AREA WHEREAS, Barron Collier Investments Ltd., a Florida limited partnership ("BCI") and Barron Collier Partnership, a Florida general partnership ("BCP") (herein jointly referred to as "Owner") own approximately one hundred and forty-six and fifty-eight hundredths (146.58) acres located within the boundaries of the Rural Lands Stewardship Areas Zoning Overlay District ("RLSA District") located in Collier County, Florida; and WHEREAS, Owner has voluntarily requested that said land be designated as a Stewardship Sending Area ("SSA") in accordance with, and pursuant to Section 2.2.27.9 of the Collier County Land Development Code ("LDC"); and WHEREAS, Owner has submitted a SSA Designation Application ("Application") for the BCI/BCP SSA 1 land; and WHEREAS, Collier County Staff has reviewed the Application, along with support documentation and information required by Section 2.2.27 of the LDC, and determined that the Application is legally sufficient; and WHEREAS, the Collier County Board of County Commissioners ("Board") has determined the BCI/BCP SSA 1 Stewardship Credit Agreement is in compliance with, and meets the requirements of the LDC, and is in substantial benefit to the general public. NOW, THEREFORE, be it resolved by the Board that: BCI/BCP SSA 1, as described in attached Exhibit "A", consisting of approximately one hundred and forty-six and fifty-eight hundredths (146.58) acres is hereby designated as a Stewardship Sc'''~"'''' A,,~, / HAR 2 3 200~ p~.., //" ("SSA"), and will be officially designated as "BCI/BCP SSA 1" on the Official Zoning Atlas Map. The BCI/BCP SSA I Stewardship Credit Agreement, attached hereto as Exhibit "B", meets the requirements of Section 2.2_27.9 of the LDC and the Board hereby approves the BCl/BCP SSA'I SteWardship Credit Agreement. The Board hereby establishes, grants and assigns two hundred and sixty- three and six tenths (263.6) Stewardship Credits to the Owner, which may be sold, transferred, or otherwise utilized by the Owner in accordance with Section 2.2.27 of the LDC. The Board further approves and authorizes the acceptance of the Stewardship Easement Agreement for the BCI/BCP SSA1 lands. 5 By its designation of the lands described in Exhibit "A" as a Stewardship Sending Area, the County shall not hereafter grant or approve any increase in the density or additional uses beyond those uses specifically authorized in the BCI/BCP SSA 1 Credit Agreement. THIS RESOLUTION ADOPTED this 23rd day of March, 2004, after a Motion, seconded, and majority vote favoring same. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA ATTEST: DWIGHT E. BROCK , Deputy Clerk By: Donna Fiala, Chairman Approved as to form and B~;:~ Patrick G. White Assistant County Attorney F:\wpdocs\Ll'lgGLV~New Town DevelopmentV~ve Maria\Legal Docs~C~esolution 2004 2-5-04 (1).wpd AGENOA ITE. M ^ ~ AR23200 STEWARDSHIP SENDING AREA CREDIT AGREEMENT (BCI/BCP SSA 1) THIS STEWARDSHIP SENDING AREA CREDIT AGREEMENT (hereinafter referred to as the "Agreement") is made and entered into this ~ day of ., 2004, by and between COLLIER COUNTY, a political subdivision of the State of Florida, hereinafter referred as "County" whose mailing address is the Harmon Turner Building, 3301 East Tamiami Trail, Naples, Florida 34112, and Barron Collier Investments, Ltd., a Florida Limited Partnership ("BCI") and Barron Collier Partnership, a Florida General Partnership ("BCP"), hereinafter individually and jointly referred to as "O~vner", whose mailing addresses are 2600 Golden Gate Parkway, Naples, Florida 34105, for the purpose of designating a "Stewardship Sending Area" ("SSA") on certain lands belonging to Owner, eliminating Land Use Layers from said lands, and assigning to Owner Stewardship Credits, all pursuant to Section 2.2.27. of the Collier County Land Development Code. WITNESSETH: WHEREAS, BCI and BCP are the owner of approximately 5286.18 acres of land in four (4) separate locations within the boundaries of the Rural Lands Stewardship Area Zoning Overlay District CRLSA District") located in Collier County, Florida, which land is the subject of a Stewardship Sending Area Application (Application AR-4359) filed by Owner with Collier County, Florida; and WHEREAS, Owner has voluntarily requested that of the approximately 5,286.18 acres, a t46.58 acre parcel legally described in attached Exhibit "A" (hereinafter referred to as "BCI/BCP SSA 1") and depicted on Exhibit "B" be designated as a Stewardship Sending Area in accordance with and pursuant to Section 2.2.27.9. of the Collier County Land Development Code ("LDC"); and WHEREAS, Owner has submitted, and the County has reviewed, a SSA Designation Application filed with the County on June 18, 2003 for the BCI/BCP SSA 1 land described in Exhibit "A"; and WHEREAS, Collier County has reviewed the SSA Designation Application, along with all support documentation and information required by Section 2.2.27 of the Collier County Land Development Code and determined that the Owner's application is legally sufficient and should be granted; and WHEREAS, the County and Owner have reached agreement concerning the number of Stewardship Credits that are to be generated by the designation of BCI/BCP SSA 1 described in Exhibit "A" as an SSA, and the parties further intend to specify the land uses that are eliminated from, and those land uses that remain on, BCI/BCP SSA 1; and WHEREAS, the County and Owner agree that this Agreement is in compliance with and fully meets the requirements of the Collier County Growth Management Plan and substantial benefit to the general public. MAR 2 3 200 NOW THEREFORE in consideration of the above premises and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, and in further consideration of the mutual covenants contained herein, the parties agree as follows: 1. Land Designated as SSA. : BCI/BCP SSA 1 as described in Exhibit "A", consisting of apprbximately 146.58 acres, is hereby designated a Stewardship Sending Area ("SSA"), and officially designated as BCI/BCP Stewardship Sending Area 1 (BCI/BCP SSA 1). 2. Land Use Layers. The following Land Use Layers as described in the Land Use Matrix in Section 2.2.27.9.B.4. of the Collier County LDC are hereby eliminated from and prohibited within BCI/BCP SSA 1: BCI/BCP SSA 1 is totally within a Flowway Stewardship Area ("FSA"). Within BCI/BCP SSA 1, Land Use Layers 1-6, inclusive, as described in Section 2.2.27.9.B.4. of the LDC, are hereby eliminated. The remaining Land Use Layer, Agriculture Group - 2, cannot be expanded beyond existing areas or areas allowed to be utilized under permits existing as of the date of SSA designation on said land. 3. Natural Resource Index Assessment. A Natural Resource Index Assessment Worksheet ("Worksheet") for BCI/BCP SSA 1 is attached to this Agreement as Exhibit "C". The Worksheet (Exhibit "C") quantifies the number of acres by Index Values, sets forth the level of conservation, and establishes the number of Stewardship Credits generated. In addition, the Worksheet quantifies the number of Early Entry Bonus Credits generated by the designation of BCI/BCP SSA 1. The number of Stewardship Credits hereby generated and assigned to Owner by this Agreement for BCI/BCP SSA 1 are two hundred sixty-three and six tenths (263.6) Stewardship Credits, which may be sold, transferred, or otherwise utilized by the O~vner in accordance with Section 2.2.27. of the Collier County Land Development Code. 4. Exchange Rate. The Stewardship Credits generated and assigned for the establishment of the SSA on BCI/BCP SSA 1 herein may be transferred to a Stewardship Receiving Area (SRA) in exchange for the development of land at the rate of eight Stewardship Credits for the development of one acre of land in a SRA. 5. Land Management Measures. Within BCI/BCP SSA 1, land management measures will be those customarily utilized in ranching operations in Southwest Florida. These customary measures may include prescribed burning, mechanical brush control ("chopping") and othe: nuisance species control, fence construction and maintenance, selective thinn and ditch and ranch road maintenance. exotic and EAR 2 3 6. References. The references herein to the LDC provisions are those contained in Section 2.2.27. of the Collier County Land Development Code existing as of the date this Agreement becomes effective and those provisions of the LDC shall control as to the rights, obligations, implementation or interpretations of this: Agreeme. nt and rights of Owner in the BCI/BCP SSA 1. 7. Layers Included. The retention of any Land Use Layer also includes the retention of all Land Use Layers that are less intensive in nature and that are listed below that Land Use Layer (higher numbered layers) in Section 2.2.27.9.B.4. of the LDC, including the retention of Conservation Restoration and Natural Resource uses as contained in the Land Use Matrix contained in Section 2.2.27.9.B.4.b. of the LDC. 8. Restriction on Land Use Amendments. Upon designation of the land described in Exhibit "A" as an SSA, the Owner, its assigns and successors in interest to BCI/BCP SSA 1 shall not seek or request, and the County shall not grant or approve, any increase in the density or any additional uses beyond those specifically authorized in this Agreement. All of the lands subject to this Agreement are within an FSA as depicted on the RLSA Overlay Map, officially entitled "Collier County Rural and Agricultural Area Assessment Stewardship Overlay Map". Upon designation of these lands as an SSA, the owner shall neither seek nor request, and the County shall not in violation of Sections 2.2.27.9.A.2. and 3, thereafter grant or approve any expansion or conversion of agricultural uses. 9. Effectiveness. This Agreement shall be effective upon its execution by both parties. The terms, conditions, and obligations hereunder shall constitute covenants that run with the land and may be enforceable by either party in the circuit courts for the 20th Judicial Circuit in Collier County. In the event that either party hereto shall institute legal proceedings in connection with or for the enforcement of this Agreement, the prevailing party shall be entitled to an award of reasonable attorney's fees, costs and expenses, to be taxed by a court of competent jurisdiction, which are directly related to any trial court and appellate proceedings. 10. Easement Agreement. Attached hereto as Exhibit "D" is a copy of the Stewardship Easement Agreement that will be executed by Owner and recorded by the County upon approval of this Agreement. The Stewardship Easement Agreement grants a perpetual easement in favor of Collier County and the Florida Department of Agriculture and Consumer Services setting forth specific land management measures and the party responsible for such measures for the BCO/BCP SSA 1 land described in Exhibit "A" which is the subject of this Agreement. All lands within the BCI/BCP SSA 1 are within a FSA and the acreage of BCI/BCP SSA 1 is approximately 146.58 acres. ~. AGENDA ~T~.-¥~ /,~ 11. Successors and Assigns. As used in this Agreement the term "Owner" shall include the owner, successors and assigns of any of the BCI/BCP SSA 1 land described in Exhibit "A". its 12. Amendments. This Agreement may only be amended by written agreement of all parties. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their duly authorized officers or representative and their official seals hereto affixed the day and year first written above. WITNESSES' (Signature) (Print full name) (Signature) (Print full name) BARRON COLLIER INVESTMENTS, LTD., A Florida Limited Partnership By: Its: WITNESSES: (Signature) (Print full name) (Signature) (Print full name) BARRON COLLIER PARTNERSHIP, A Florida General Partnership By: Its: STATE OF FLORIDA COUNTY OF COLLIER The foregoing Stewardship Sending Area Credit Agreement was executed before me this day of ., 2004, by . of BARRON COLLIER ~VESTMENTS, LTD. as Notary Public Name Certificate No. My Commission expires STATE OF FLORIDA COUNTY OF COLLIER The foregoing Stewardship Sending Area Credit Agreement was executed before me this day of , 2004, by , of BARRON COLLIER PARTNERSHIP. Notary Public Name Certificate No. My Commission expires ATTESED TO BY: BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA DWIGHT E. BROCK, CLERK By: Donna Fiala, Chairman APPROVED AS TO FORM AND ~-'E,G,A L SUF. NCIENCY: By: PAT~RI~K (~. 'WHITE ASSISTANT COUNTY ATTORNEY AGENDA M4R 2 3 Exhibit "A" Exhibit "B" Exhibit "C" Exhibit "D" LIST OF EXHIBITS Stewardship Sending Area Credit Agreement SSA Land Legal Description Area 1 (146.58 acre parcel) depicted on Map of SSA Land. Natural Resource Index Assessment Worksheet Stewardship Easement \SA CA.Area One.C-rev I MAR 2 3 S.S.A.1 EXHIBIT "A" LEGAL DESCRIPTION !! DESCRIPTION OF PART OF SECTION 1, TOWNSHIP 48 SOUTH, RANGE 28 EAST, AND SECTION 6, TOWNSHIP 48 SOUTH, RANGE 29 EAST, COLLIER COUNTY FLORIDA. (BCI-BCP SSA 1) BEGINNING AT THE SOUTHEAST CORNER OF SECTION 1, TOWNSHIP 48 SOUTH, RANGE 28 EAST, COLLIER COUNTY, FLORIDA: THENCE ALONG THE SOUTH LINE OF SAID SECTION 1 SOUTH 89°00'08'' WEST 928.29 FEET; THENCE NORTH 00"43'13" WEST 3,275.17 FEET; THENCE SOUTH 54°16'05'' EAST 664.03 FEET THENCE NORTH 59°10'51'' EAST 317.73 FEET THENCE NORTH 73°45'49'' EAST 136.38 FEET THENCE SOUTH 59°46'18'' EAST 108.27 FEET THENCE SOUTH 20°47'24'' EAST 83.18 FEET THENCE SOUTH 00°28'56" EAST 159.55 FEET THENCE SOUTH 30°39'59" EAST 198.95 FEET THENCE SOUTH 47°26'51'' EAST 134.81 FEET THENCE SOUTH 35°06'20'' EAST 154.90 FEET THENCE SOUTH 24°12'43'' EAST 169.01 FEET THENCE SOUTH 02°49'45'' WEST 212.95 FEET THENCE SOUTH 16°25'30`' EAST 98.02 FEET THENCE SOUTH 33°47'33'' EAST 247.98 FEET THENCE SOUTH 59°26'33'' EAST 146.46 FEET THENCE NORTH 67°46'14'' EAST 350.84 FEET THENCE NORTH 80°24'10'' EAST 88.47 FEET THENCE SOUTH 60°55'27`' EAST 253.97 FEET THENCE SOUTH 31°51'48'' EAST 195.74 FEET THENCE SOUTH 10°55'29'' WEST 283.69 FEET THENCE SOUTH 00°00'00'' EAST 131.39 FEE7 THENCE SOUTH 23°24'26'' EAST 82.70 FEET THENCE SOUTH 66°16'17'' EAST 73.30 FEET THENCE SOUTH 82°30'18'. EAST 328.91 FEET THENCE SOUTH 55°50'25'' EAST 85.96 FEET THENCE SOUTH 44°39'10'' EAST 301.82 FEET THENCE SOUTH 17°15'27'' EAST 123.53 FEET THENCE SOUTH 22°19'32'. WEST 171.51 FEET: THENCE SOUTH 15°04'56'' WEST 419.17 TO THE INTERSECTION WITH THE SOUTH LINE SAID SECTION 6; THENCE ALONG SAID LINE SOUTH 89°51'33" WEST 1993.62 FEET TO THE POINT OF BEGINNING. CONTAINING 146.58 ACRES, MORE OR LESS. SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. BEARINGS ARE BASED ON THE SOUTH LINE OF SECTION 6, TOWNSHIP 48 SOUTH, RANGE 29 EAST, COLLIER COUNTY, FLORIDA, BEING SOUTH 89°51'33" WEST. WILSONMILLER, INC. REGISTERED ENGINEERS AND LAND SURVEYORS CERTIFICATE OF AUTHORIZATION #LB-43. BRADLEY E. STOC, KHAM, P.S.M. ¢f4S390 DATE ; NOT VALID UNLESS EMBOSSED WITH THE PROFESSIONAL'S SEAL. REF. 2H-46 SHEET 1 W.O.: 03786-001-000-MABS2 DATE: 6/12103 REVISED: 10/2/03- BES 7/30/2003- 123994 Ve~. 01!- BSTOCKHAM 03786-O03-000-. O 2 3 2oo . i I. ¥SS d08-108 HOJ.3~S .¥. ~ISIHX3 ,ooo~ = ,,~ :]wos/_ l-- '.~ :_.-~:~:, :'.--~ ,. .............. :.:.~:>~ ,. ~ ~..~ BCI~BCP SSA 1 Exhibit B Location Map This instrument Prepared by: George L. Vamadoe, Esq. Young, van Assenderp, Varnadoe & Anderson, P.A. 801 Laurel Oak Drive, Suite 300 Naples, Florida 34108-2771 Tract: BCI/BCP SSA 1 STEWARDSHIP EASEMENT AGREEMENT THIS STEWARDSHIP EASEMENT is granted this __ day of 2004, by Barron Collier Investments, Ltd., a Florida Limited Partnership and Barton Collier Partnership, a Florida General Partnership, whose address is 2600 Golden Gate Parkway, Naples, Florida 34105, hereinafter collectively called "Grantor," to Collier County, a political subdivision of the State of Florida, and Florida Department of Agriculture and Consumer Affairs, hereinafter collectively called the "Grantees." RECITALS Grantor is the owner of approximately 146.58 acres of land situated in Collier County, Florida, and more specifically described in Exhibit "A" attached hereto and incorporated herein by reference (hereinafter "Property" or "BCI/BCP SSA 1"). Bo Grantor and Collier County entered into a Stewardship Sending Area Credit Agreement (3~SSA Agreement@) dated , which designated the Property as "BCI/BCP Stewardship Sending Area 1" CBCI/BCP SSA 1"). This 146.58 acre parcel, as legally described in Exhibit "A," has been designated as a _~Stewardship Sending Area@ ("SSA") in accordance with Section 2.2.27.9. of the Collier County Land Development Code CLDC"). The Property is depicted on Exhibit "B." The SSA Agreement and Section 2.2.27.9.B.8. of the LDC require Grantor to provide a perpetual Stewardship Easement identifying the specific land management measures for BCI/BCP SSA 1 and the party responsible for such measures. In exchange for the designation of the Property as SSA, the County has granted and assigned to Grantor two hundred sixty-three and six tenths (263.6) Stewardship Credits which will allow Grantor to entitle thirty-two and ninety-five hundredths (32.95) acres for development within the Rural Lands Stewardship Area District. E@ The purposes of this Stewardship Easement are: (1) to designate the allowed uses of the Property consistent with the terms of the SSA Agreement; (2) to identify specific -1- MAR 2 land management measures and the party responsible for land management; and (3) to provide for the enforcement of the Stewardship Easement. NOW, THEREFORE, in consideration of the designation of the Property as Stewardship Sending Area, together with other good and valuable consideration, the adequa, cy and receipt of which are hereby acknowledged, Grantor hereby grants, creates, conveys and establishes a perpetual nonexclusive Stewardship Easement for and in favor of the Grantees upon the property described in Exhibit "A," which shall run with the land and be binding upon the Grantor, its successors and assigns and shall remain in full force and effect forever. It is agreed as follows: 1. The recitals and exhibits are incorporated by reference as if repeated verbatim herein. BCI/BCP SSA 1 is legally described in Exhibit "A" and is depicted on Exhibit "B." The following previously permitted and conditional land uses have been eliminated from BCI/BCP SSA 1 land and the Property is henceforth prohibited from being used for the following: A. Residential Land Uses, also described as Land Use Layer 1. B. General Conditional Uses, also described as Land Use Layer 2 C. Earth Mining and Processing Uses, also described as Land Use Layer 3. D. Recreational Uses, also described as Land Use Layer 4. E. Agriculture - Group 1, also described as Land Use Layer 5. F. Agriculture - Support Uses, also described as Land Use Layer 6. All Land Use Layers are defined in Section 2.2.27.9.B.4.ofthe LDC. o Grantor reserves all rights as owner of the Property, including the right to engage in uses of the Property that are not inconsistent with the SSA Agreement or the intent and purposes of this Stewardship Easement. Grantor may use the BCI/BCP SSA 1 only for the following land uses: mo Conservation, Restoration, and Natural Resources Uses are allowed on all of the Property including the specifics thereof set forth in Section 2.2.27.9.B.4.b. of the LDC. BCI/BCP SSA 1 land may be used for Agriculture - Group 2 (Land Use Layer 7) as defined in Section 2.2.27.9.B.4. of the LDC. Agriculture-Group -2- AOENDA 'i¥'-~ I o 2 uses cannot be expanded beyond existing areas or areas for which permits exist as of the date of SSA designation on said lands. Owner retains the fight to construct and maintain farm and ranch roads to access its lands within the Property for the purposes retained herein. The Grantees shall have the fight to enjoin any activity on or use of the Property that is inconsistent with this Stewardship Easement and to enforce the restoration of such areas or features of the Property that may be altered by any inconsistent activity or use. The following land management measures shall be undertaken as to BCI/BCP SSA 1 and the Owner of the fee title to the Property shall be the party responsible for such measure: Agriculture - Group 2 uses are the only remaining agricultural uses and the land management measures will be those customarily utilized in ranching operations in Southwest Florida. These customary measures may include prescribed burning, mechanical brush control ("chopping") and other exotic and nuisance species control, fence construction and maintenance, selective thinning of trees, and ditch and ranch road maintenance. Grantees shall not be responsible for any costs or liabilities related to the operation of or land management measures for the Property. Grantor shall pay any and all real property taxes and assessments levied by competent authority on the Property. References to the LDC are to those provisions of Section 2.2.27. of the Collier County Land Development Code in existence as of the date of this Stewardship Easement Agreement and those LDC provisions shall control as to all rights, obligations, implementation, entitlements, land uses eliminated and permitted, and interpretations, requirements, or issues relating thereto, notwithstanding any future amendments thereto. Enforcement of the terms and provisions of the Stewardship Easement shall be at the reasonable discretion of Grantees, or either Grantee individually, and any forbearance on behalf of Grantees, or either of them, to exercise its rights hereunder in the event of any breach hereof by Grantors, shall not be deemed or construed to be a waiver of Grantees' rights hereunder. All costs and reasonable attorneys' fees incurred in enforcing, judicially or otherwise, the terms and restrictions of this Stewardship Easement shall be borne by and recoverable against the non-prevailing party in such proceedings. MAR 2 3 2C'?f 10. 11. Grantees will hold this Stewardship Easement for the purposes set forth herein and to ensure compliance with the terms hereof. Grantees will not assign their rights and obligations under this Stewardship Easement except to another organization qualified to hold such interests under the applicable state laws. : If any provision of this Stewardship Easement or the applicati(~n thereof to any person or circumstances is found to be invalid, the remainder of the provisions of this Stewardship Easement shall not be affected thereby, so long as the purpose of the Stewardship Easement is preserved. 12. All notices, consents, approvals or other communications hereunder shall be in writing and shall be deemed properly given if sent by United States certified mail, return receipt requested, addressed to the appropriate party or successor-in-interest. 13. This Stewardship Easement may be amended, altered, released or revoked only by written agreement of both Grantor and Grantees, which shall be filed in the Public Records of Collier County. TO HAVE AND TO HOLD unto Grantees, their successors and assigns forever. These covenants, terms, conditions, restrictions and purposes imposed with this Stewardship Easement shall not only be binding upon Grantor, but also its successors and assigns, and shall continue as a servitude running in perpetuity with the Property. Grantor hereby covenants with Grantees that Grantor is lawfully seized of the Property in fee simple; that the Property is free and clear of all encumbrances; that Grantor has good fight and lawful authority to convey this Stewardship Easement; and that Grantor hereby fully warrants title to the Stewardship Easement hereby conveyed and will defend same against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF, the Grantor has hereunto set its hand and seal the ,2004. __. day of WITNESSES: (Signature) (Print full name) (Signature) (Print full name) BARRON COLLIER INVESTMENTS, LTD., A Florida Limited Partnership By: Its: -4- ~AR 2 3 200~ [ WITNESSES: (Signature) (Print full name) BARRON COLLIER PARTNERSHIP, A Florida General Partnership ! By: Its: (Signature) (Print full name) STATE OF FLORIDA COUNTY OF COLLIER The foregoing Stewardship Easement Agreement was executed before me this ,2004, by ., as BARRON COLLIER INVESTMENTS, LTD. __ day of of STATE OF FLORIDA COUNTY OF COLLIER Notary Public Name Certificate No. My Commission expires The foregoing Stewardship Easement Agreement w~ executed before me this ,2004, by , as BARRON COLLIER PARTNERSHIP. __ day of of Notary Public Name Certificate No. My Commission expires -5- I~AR 2 3 2006 GRANTEES'S ACCEPTANCE OF sTEWARDSHIP EASEMENT Grantees, Collier County, Florida and the Florida Department of Agriculture and Consumer Affairs, by and through their undersigned representatives, hereby acknowledge and accept the Grantees' duties and responsibilities as specified in this Stewardship Easement Agreement. FLORIDA DEPARTMENT OF AGRICULTURE AND CONSUMER AFFAIRS WITNESSES: By: Its: (Signature) (Print full name) (Signature) (Print full name) STATE OF FLORIDA COUNTY OF LEON The foregoing Agreement was executed by , as the Consumer Affairs. before me this day of , 2003, of the Florida Department of Agriculture and Notary Public Name Certificate No. My Commission expires -6- AGENDA I~ '- - MAR 2 3 203 ATTESTED TO BY: BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA DWIGHT E. BROCK, CLERK By: : Donna Fiala, Chairn~an APPROVED AS TO FORM AND LEGAL SUFFICIENCY: By: PATRICK G. WHITE ASSISTANT COUNTY ATTORNEY -7- Exhibit "A"' Exhibit "B": STEWARDSHIP EASEMENT AGREEMENT SSA Land Legal Description · BCI/BCP SSA 1 (146.58 acre parcel) depicted on Map of SSA Land. \S Ease Agr One. C-revl -8- RESOLUTION 2004- A RESOLUTION OF THE COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS DESIGNATING 704.14 ACRES IN THE' RURAL LAND STEWARDSHIP AREA ZONING OVERLAY DISTRICT AS A STEWARDSHIP SENDING AREA WITH A DESIGNATION AS "BCI/BCP SSA 2," APPROVING A STEWARDSHIP SENDING AREA CREDIT AGREEMENT FOR BCI/BCP SSA 2, AND ESTABLISHING THE NUMBER OF STEWARDSHIP CREDITS GENERATED BY THE DESIGNATION OF SAID STEWARDSHIP SENDING AREA WHEREAS, Barron Collier Investments Ltd., a Florida limited partnership ("BCI") and Barron Collier Partnership, a Florida general partnership ("BCP") (herein jointly referred to as "Owner") own approximately seven hundred and four and fourteen hundredths (704.14) acres located within the boundaries of the Rural Lands Stewardship Areas Zoning Overlay District ("RLSA District") located in Collier County, Florida; and WHEREAS, Owner has voluntarily requested that said land be designated as a Stewardship Sending Area ("SSA") in accordance with, and pursuant to Section 2.2.27.9 of the Collier County Land Development Code ("LDC"); and WHEREAS, Owner has submitted a SSA Designation Application ("Application") for the BCI/BCP SSA 2 land; and WHEREAS, Collier County Staff has reviewed the Application, along with support documentation and information required by Section 2.2.27 of the LDC, and determined that the Application is legally sufficient; and WHEREAS, the Collier County Board of County Commissioners ("Board") has determined the BCI/BCP SSA 2 Stewardship Credit Agreement is in compliance with, and meets the requirements of the LDC, and is in substantial benefit to the general public. NOW, THEREFORE, be it resolved by the Board that: BCI/BCP SSA 2, as described in attached Exhibit "A", consisting of approximately seven hundred and four and fourteen hundred!~s (704.14) acres is hereby designated as a Stewardship Sending Arel i"( SN~-I~i't:l~i ..... will be officially designated as "BCI/BCP SSA 2" on the Official Zoning Atlas Map. The BCI/BCP SSA 2 Stewardship Credit Agreement, attached hereto as Exhibit "B", meets the requirements of Section 2.2,27.9 of the LDC and the Board hereby approves the BCI/BCP SSA 2 Stewardship Credit Agreement. The Board hereby establishes, grants and assigns one thousand two hundred and sixty-eight and one tenths (1268.1) Stewardship Credits to the Owner, which may be sold, transferred, or otherwise utilized by the Owner in accordance with Section 2.2.27 of the LDC. o The Board further approves and authorizes the acceptance of the Stewardship Easement Agreement for the BCI/BCP SSA 2 lands. 5 By its designation of the lands described in Exhibit "A" as a Stewardship Sending Area, the County shall not hereafter grant or approve any increase in the density or additional uses beyond those uses specifically authorized in the BCI/BCP SSA 2 Credit Agreement. THIS RESOLUTION ADOPTED this 23rd day of March, 2004, after a Motion, seconded, and majority vote favoring same. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA ATTEST: DWIGHT E. BROCK By: , Deputy Clerk Donna Fiala, Chairman Approved as to form and By: I~tri~ck G. white Assistant County Attomey F:\wpdocs\LIT~GLV~New Town DevelopmentV~ve Maria\Legal Docs~esolution 2004 2-5-04 (2).doc A~NDA No. MAR 2 3 200~ STEWARDSHIP SENDING AREA CREDIT AGREEMENT (BCI/BCP SSA 2) THIS STEWARDSHIP SENDING AREA CREDIT AGREEMENT (hereinafter referred to as the "Agreement") is made and entered into this__ day of ,2004, by and between COLLIER COUNTY, a political subdivision of the State of Florida, hereinafter referred as "County" whose mailing address is the Harmon Turner Building, 3301 East Tamiami Trail, Naples, Florida 34112, and Barron Collier Investments, Ltd., a Florida Limited Partnership ("BCI") and Barron Collier Partnership, a Florida General Partnership CBCP"), hereinafter individually and jointly referred to as "Owner," whose mailing addresses are 2600 Golden Gate Parkway, Naples, Florida 34105, for the purpose of designating a "Stewardship Sending Area" ("SSA") on certain lands belonging to Owner, eliminating Land Use Layers from said lands, and assigning to Owner Stewardship Credits, all pursuant to Section 2.2.27. of the Collier County Land Development Code. WITNESSETH: WHEREAS, BCI and BCP are the owner of approximately 5286.18 acres of land in four (4) separate locations within the boundaries of the Rural Lands Stewardship Area Zoning Overlay District CRLSA District") located in Collier County, Florida, which land is the subject of a Stewardship Sending Area Application (Application AR-4359) filed by Owner with Collier County, Florida; and WHEREAS, Owner has voluntarily requested that of the approximately 5,286.18 acres, a 704.14 acre parcel legally described in attached Exhibit "A" (hereinafter referred to as "BCI/BCP SSA 2") and depicted on Exhibit "B" be designated as a Stewardship Sending Area in accordance with and pursuant to Section 2.2.27.9. of the Collier County Land Development Code ("LDC"); and WHEREAS, Owner has submitted, and the County has reviewed, a SSA Designation Application filed with the County on June 18, 2003 for the BCI/BCP SSA 2 land described in Exhibit ..... A , arid WHEREAS, Collier County has reviewed the SSA Designation Application, along with all support documentation and information required by Section 2.2.27 of the Collier County Land Development Code and determined that the Owner's application is legally sufficient and should be granted; and WHEREAS, the County and Owner have reached agreement concerning the number of Stewardship Credits that are to be generated by the designation of the BCI/BCP SSA 2 described in Exhibit "A" as an SSA, and the parties further intend to specify the land uses that are eliminated from, and those land uses that remain on, BCI/BCP SSA 2; and WHEREAS, the County and Owner agree that this Agreement is in compliance with fully meets the requirements of the Collier County Growth Management Plan and LDC substantial benefit to the general public. and nd ist01~,~3,~ :7 :' ~' ~AR 2 3 NOW THEREFORE in consideration of the above premises and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, and in further consideration of the mutual covenants contained herein, the parties agree as follows: 1. Land Designated as SSA. : BCI/BCP SSA 2 as described in Exhibit "A," consisting of apprbximately 704.14 acres, is hereby designated a Stewardship Sending Area ("SSA"), and officially designated as BCI/BCP Stewardship Sending Area 2 (BCI/BCP SSA 2). 2. Land Use Layers. The following Land Use Layers as described in the Land Use Matrix in Section 2.2.27.9.B.4. of the Collier County LDC are hereby eliminated from and prohibited within BCI/BCP SSA 2: Six hundred fifty-three and sixty-five hundredths (653.65) acres of BCI/BCP SSA 2 are partially within the FSA. Fifty and forty-nine hundredths (50.49) acres of BCI/BCP SSA 2 are within a Habitat Stewardship Area ("HSA"). Within BCI/BCP SSA 2, Land Use Layers t-6, inclusive, as described in Section 2.2.27.9.B.4. of the LDC, are hereby eliminated. The remaining Land Use Layer, that is Agriculture Group - 2, cannot be expanded beyond existing areas or areas allowed to be utilized under permits existing as of the date of SSA designation on said land. 3. Natural Resource Index Assessment. A Natural Resource Index Assessment Worksheet ("Worksheet") for BCI/BCP SSA 2 is attached to this Agreement as Exhibit "C." The Worksheet (Exhibit "C") quantifies the number of acres by Index Values, sets forth the level of conservation, and establishes the number of Stewardship Credits generated. In addition, the Worksheet quantifies the number of Early Entry Bonus Credits generated by the designation of BCI/BCP SSA 2. The number of Stewardship Credits hereby generated and assigned to Owner by this Agreement for BCI/BCP SSA 2 are one thousand two hundred sixty-eight and one tenth (1268.1) Stewardship Credits, which may be sold, transferred, or otherwise utilized by the Owner in accordance with Section 2.2.27. of the Collier County Land Development Code. 4. Exchange Rate. The Stewardship Credits generated and assigned for the establishment of the SSA on BCI/BCP SSA 2 herein may be transferred to a Stewardship Receiving Area (SRA) in exchange for the development of land at the rate of eight Stewardship Credits for the development of one acre of land in a SRA. 5. Land Management Measures. Within BCI/BCP SSA 2, land management measures will be those customarily utilized in ranching operations in Southwest Florida. These customary measures may include prescribed burning, mechanical brush control ("chopping") and other 'exodj~01~-~:~,^ nuisance species control, fence construction and maintenance, selective thinni ~g o~'ees___L__, .~.~.? and ditch and ranch road maintenance. i AR 2 3 200 - i 2 Pg- h_. 6. References. The references herein to the LDC provisions are those contained in Section 2.2.27. of the Collier County Land Development Code existing as of the date this Agreement becomes effective and those provisions of the LDC shall control as to the rights, obligations, .implementation or interpretations of this: Agreement and rights of Owner in the BCI/BCP SSA 2. 7. Layers Included. The retention of any Land Use Layer also includes the retention of all Land Use Layers that are less intensive in nature and that are listed below that Land Use Layer (higher numbered layers) in Section 2.2.27.9.B.4. of the LDC, including the retention of Conservation Restoration and Natural Resource uses as contained in the Land Use Matrix contained in Section 2.2.27.9.B.4.b. of the LDC. 8. Restriction on Land Use Amendments. Upon designation of the land described in Exhibit "A" as an SSA, the Owner, its assigns and successors in interest to BCI/BCP SSA 2 shall not seek or request, and the County shall not grant or approve, any increase in the density or any additional uses beyond those specifically authorized in this Agreement. All of the lands subject to this Agreement are within an FSA or HSA as depicted on the RLSA Overlay Map, officially entitled "Collier County Rural and Agricultural Area Assessment Stewardship Overlay Map." Upon designation of these lands as an SSA, the owner shall neither seek nor request, and the County shall not in violation of Sections 2.2.27.9.A.2. and 3, thereafter grant or approve any expansion or conversion of agricultural uses. 9. Effectiveness. This Agreement shall be effective upon its execution by both parties. The terms, conditions, and obligations hereunder shall constitute covenants that run with the land and may be enforceable by either party in the circuit courts for the 20th Judicial Circuit in Collier County. In the event that either party hereto shall institute legal proceedings in connection with or for the enforcement of this Agreement, the prevailing party shall be entitled to an award of reasonable attorney's fees, costs and expenses, to be taxed by a court of competent jurisdiction, which are directly related to any trial court and appellate proceedings. 10. Easement Agreement. Attached hereto as Exhibit "D" is a copy of the Stewardship Easement Agreement that will be executed by Owner and recorded by the County upon approval of this Agreement. The Stewardship Easement Agreement grants a perpetual easement in favor of Collier County and the Florida Department of Agriculture and Consumer Services setting forth specific land management measures and the party responsible for such measures for the BCO/BCP SSA 3 land described in Exhibit "A" which is the subject of this Agreement. All lands within the BCI/BCP SSA 2 are within either a FSA and the acreage of BCI/BCP SSA2 within a FSA or HSA is approximately 704.1 ac~.e~ Exl 11. FSA/HAS Lands. All lands within the BCI/BCP SSA 3 are within a FSA or HAS. depicts the FSA and HAS areas within BCI/BCP SSA 3. bitJ~ 2 3 200/t 12. Successors and Assigns. As used in this Agreement the term "Owner" shall include the owner, successors and assigns of any of the BCI/BCP SSA 2 land described in Exhiblt "A." its 13. Amendments. ' This Agreement may only be amended by written agreement of all parties. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their duly authorized officers or representative and their official seals hereto affixed the day and year first written above. WITNESSES: (Signature) (Print full name) (Signature) (Print full name) BARRON COLLIER INVESTMENTS, LTD., A Florida Limited Partnership By: Its: BARRON COLLIER PARTNERSHIP, A Florida General Partnership WITNESSES: (Signature) (Print full name) By: Its: (Signature) (Print full name) STATE OF FLORIDA COUNTY OF COLLIER The foregoing Stewardship Sending Area Credit Agreement was executed before me this 2004, by , day of , of BARRON COLLIER INVESTMENTS, LTD. as Notary Public Name Certificate No. My Commission expires MIR 2 3 200q STATE OF FLORIDA COUNTY OF COLLIER The foregoing Stewardship Sending Area Credit Agreement was executed before me this day of , 2004, by ., of BARRON COLLIER PARTNERSHIP. as Notary Public Name Certificate No. My Commission expires ATTESTED TO BY: BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA DWIGHT E. BROCK, CLERK By: Donna Fiala, Chairman APPROVED AS TO FORM AND LEGAL SUFFICIENCY: By: PATRICK G. WHITE ASSISTANT COUNTY ATTORNEY Exhibit "A" LIST OF EXHIBITS Stewardship Sending Area Credit Agreement Land Legal Description MAR 2 3 2"'5 Exhibit "B" Exhibit "C" Exhibit "D" Exhibit "E" BCI/BCP SSA 2 (704.14 acre parcel) depicted on Map of SSA Land. Natural Resource Index Assessment Worksheet Stewardship Easement FSA/HSA Lands \SA CA.Area TwoC2-revl S.S./L 2 EXHIBIT "A" LEGAL DESCRIPTION DESCRIPTION OF PART OF SECTION 36, TOWNSHIP 47 SOUTH, RANGE 28 EAST AND PART OF SECTION 31, TOWNSHIP 47 SOUTH, RANGE 29 EAST, COLLIER COUNTY, FLORIDA. (BCI-BCP SSA 2) BEGINNING AT THE SOUTHWEST CORNER OF SECTION 36, TOWNSHIP 47 SOUTH, RANGE 28 EAST, COLLIER COUNTY, FLORIDA; .. THENCE ALONG THE WEST LINE OF SAID SECTION 36 NORTH 00°00'30.. EAST 5,190.42 FEET TO THE NORTHWEST CORNER OF SAID SECTION 36; THENCE ALONG THE NORTHLINE OF SAID SECTION 36 NORTH 89*57'39" EAST 5,356.62 FEET TO THE NORTHEAST CORNER OF SAID SECTION 36; THENCE ALONG THE NORTH LINE OF SECTION 31, TOWNSHIP 47 SOUTH, RANGE 29 EAST NORTH 89°54'58" EAST 63.36 FEET; THENCE LEAVING SAID LINE SOUTH 00'15'45" EAST 274.39 FEET; THENCE NORTH 89'30'23" EAST 607.17 FEET; THENCE SOUTH 73'18'58" EAST'218.57 FEET; THENCE SOUTH 53°17'08" EAST 231.79 FEET; THENCE SOUTH 08'30'24" EAST 229.99 FEET; THENCE SOUTH 09'17'03" WEST 131.70 FEET; THENCE SOUTH 33'22'18" WEST 604.22 FEET; THENCE SOUTH 19°02'33" WEST 160.42 FEET; THENCE SOUTH 06°52'31" EAST 244.44 FEET; THENCE NORTH 61°50'40" EAST 249.34 FEET; THENCE NORTH 87°52'50" EAST 70.71 FEET; THENCE SOUTH 06°20'42.. EAST 71.03 FEET; THENCE SOUTH 36°58'50'. WEST 356.74 FEET; THENCE SOUTH 47°02'55'' WEST 157.32 FEET; THENCE SOUTH 08°58'53" WEST 301.75 FEET; THENCE SOUTH 47°46'10.. EAST 515.97 FEET; THENCE SOUTH 39°57'31" WEST 203.63 FEET; THENCE SOUTH 04°53'25" WEST 259.64 FEET; THENCE SOUTH 13°08'07" WEST 507.84 FEET; THENCE SOUTH 76°43'08" WEST 437.23 FEET; THENCE SOUTH 35°47'49" WEST 386.73 FEET; THENCE SOUTH 18°43'06" WEST 378.56 FEET; THENCE SOUTH 08°49'45" WEST 567.31 FEET; THENCE SOUTH 51 '07'23" WEST 246.50 FEET; THENCE NORTH 88°14'22" WEST 437.87 FEET; THENCE SOUTH 19°55'13" WEST 69.15 FEET TO THE INTERSECTION WITH THE SOUTH LINE OF SAID SECTION 36; THENCE ALONG THE SOUTH LINE OF SAID SECTfON 36 SOUTH 89°36'41" WEST 4,603.54 FEET TO THE POINT OF BEGINNING. CONTAINING 704.14 ACRES, MORE OR LESS. SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. BEARINGS ARE BASED ON THE SOUTH LINE OF SECTION 36, TOWNSHIP 47 SOUTH, RANGE 28 EAST, COLLIER COUNTY, FLORIDA, BEING SOUTH 89°36'41" WEST. WILSONMILLER, INC. REGISTERED ENGINEERS AND LAND SURVEYORS CERTIFICATE OF AUTHORIZATION #LB-43. BY: BRADLEY E. ~"~TOCKHAM P.S.M. #~390 6:12-03 DATE NOT VALID UNLESS EMBOSSED WITH THE PROFESSIONAL'S SEAL. REF. 2H-46 SHEE'~ 2 W.O.: 03786~301~00-MABS2 DATE: 6/12/03 NAR 23 200 ~HIB~ ~" SK~CH BCI-BCP SSA 2 OIL WELL 175 BCI~BCP SSA 2 Exhibit B Location Map Legend J~llt~j~lJm o m m o co a u') c~lm o ,~- o r,-. m ~a ,--- c~ o a alo~ l~lll~: o ,- o [o o o ,-;0~ ml ~0 o o ,- r-- m m ~o o :o dldlJ Io. j,1 o:,l- o o o o ,- m ~:~ o o ,- r..- ~ ra u~ o o cSldJ I MAR 2 3 200~t- - This instrument Prepared by: George L. Vamadoe, Esq. Young, van Assenderp, Vamadoe & Anderson, P.A. 801 Laurel Oak Drive, Suite 300 Naples, Florida 34108-2771 Tract: BCI,q3CP SSA 2 STEWARDSHIP EASEMENT AGREEMENT THIS STEWARDSHIP EASEMENT is granted this __ day of ,2004, by Ban'on Collier Investments, Ltd., a Florida Limited Partnership and Barron Collier Partnership, a Florida General Partnership, whose address is 2600 Golden Gate Parkway, Naples, Florida 34105, hereinafter collectively called "Grantor," to Collier County, a political subdivision of the State of Florida, and Florida Department of Agriculture and Consumer Affairs, hereinafter collectively called the "Grantees". RECITALS Grantor is the owner of approximately 704.14 acres of land situated in Collier County, Florida, and more specifically described in Exhibit "A" attached hereto and incorporated herein by reference (hereinafter "Property" or "BCI/BCP SSA 2"). Grantor and Collier County entered into a Stewardship Sending Area Credit Agreement (ASSA Agreement@) dated , which designated the Property "BCI/BCP Stewardship Sending Area 2" CBCI/BCP SSA 2"). This 704.14 acre parcel, as legally described in Exhibit "A," has been designated as a g. Stewardship Sending Area .... SSA" in accordance with Section 2.2.27.9. of the Collier County Land Development Code CLDC"). The Property is depicted on Exhibit "B." The SSA Agreement and Section 2.2.27.9.B.8. of the LDC require Grantor to provide a perpetual Stewardship Easement identifying the specific land management measures for BCI/BCP SSA 2 and the party responsible for such measures. In exchange for the designation of the Property as SSA, the County has granted and assigned to Grantor one thousand sixty-eight and one tenth (1268.1) Stewardship Credits which will allow Grantor to entitle one hundred fifty-eight and five tenths (158.5) acres for development within the Rural Lands Stewardship Area District. The purposes of this Stewardship Easement are: (1) to designate the allowed uses of the Property consistent with the terms of the SSA Agreement; (2) to ide ....... ,e, :~_,~ MAR 2 3 200 ' ' management measures and the party responsible for land management; and (3) to provide for the enforcement of the Stewardship Easement. NOW, THEREFORE, in consideration of the designation of the Property as Stewardship Sending Area, together with other good and valuable consideration, the adequacy and rece. ipt of which are hereby acknowledged, Grantor hereby grants, creates, conveys and establishes a perpetual nonexclusive Stewardship Easement for and in favor of the Grantees upon the property described in Exhibit "A," which shall run with the land and be binding upon the Grantor, its successors and assigns and shall remain in full force and effect forever. It is agreed as follows: 1. The recitals and exhibits are incorporated by reference as if repeated verbatim herein. 2. BCI/BCP SSA 2 is legally described in Exhibit "A" and is depicted on Exhibit "B." The following previously permitted and conditional land uses are hereby eliminated from BCI/BCP SSA 2 land and the Property is henceforth prohibited from being used for the following: A. Residential Land Uses, also described as Land Use Layer 1. B. General Conditional Uses, also described as Land Use Layer 2. C. Earth Mining and Processing Uses, also described as Land Use Layer 3. D. Recreational Uses, also described as Land Use Layer 4. E. Agriculture - Group 1, also described as Land Use Layer 5. F. Agriculture - Support Uses, also described as Land Use Layer 6. All Land Use Layers are defined in Section 2.2.27.9.B.4.of the LDC. 3. Grantor reserves all rights as owner of the Property, including the right to engage in uses of the Property that are not inconsistent with the Agreement or the intent and purposes of this Stewardship Easement. Grantor may use the BCI/BCP SSA 2 only for the following land uses: A. Conservation, Restoration, and Natural Resources Uses are allowed on all of the Property, including the specifics thereof set forth in Section 2.2.27.9.B.4.b. of the LDC. BCI/BCP SSA 2 land, may also be used for Agriculture - Group 2 (Land Use Layer 7) as defined in Section 2.2.27.9.B.4. of the LDC. Agriculture - Group 2 uses -2- ~AR 2 3 200~t o o 10. cannot be expanded beyond existing areas or areas for which permits exist as of the date of SSA designation of said lands.. Owner retains the right to construct and maintain farm and ranch roads to access its lands within BCI/BCP SSA 2 for the purposes retained herein. The Grantees shall have the right to enjoin any activity on or use of the Property that is inconsistent with this Stewardship Easement and to enforce the restoration of such areas or features of the Property that may be altered by any inconsistent activity or use. The following land management measures shall be undertaken as to BCI/BCP SSA 2 and the Owner of the fee title to the Property shall be the party responsible for such measures: In BCI/BCP SSA 2, on which Agriculture - Group 2 uses are the only remaining agricultural uses, land management measures will be those customarily utilized in ranching operations in Southwest Florida. These customary measures may include prescribed burning, mechanical brush control ("chopping") and other exotic and nuisance species control, fence construction and maintenance, selective thinning of trees, and ditch and ranch road maintenance. Grantees shall not be responsible for any costs or liabilities related to the operation of or land management measures for the Property. Grantor shall pay any and all real property taxes and assessments levied by competent authority on the Property. References to the LDC are to those provisions of Section 2.2.27. of the Collier County Land Development Code in existence as of the date of this Stewardship Easement Agreement and those LDC provisions shall control as to all rights, obligations, implementation, entitlements, land uses eliminated and permitted, and interpretations, requirements, or issues relating thereto, notwithstanding any future amendments thereto. Enforcement of the terms and provisions of the Stewardship Easement shall be at the reasonable discretion of Grantees, or either Grantee individually, and any forbearance on behalf of Grantees, or either of them, to exercise its rights hereunder in the event of any breach hereof by Grantors, shall not be deemed or construed to be a waiver of Grantees' rights hereunder. All costs and reasonable attorneys' fees incurred in enforcing, judicially or otherwise, the terms and restrictions of this Stewardship Easement shall be borne by and recoverable against the non-prevailing party in such proceedings. Grantees will hold this Stewardship Easement for the purposes set forth herein and to ensure compliance with the terms hereof. Grantees will not assign their rights and -3- MAR 2 3 200q obligations under this Stewardship Easement except to another organization qualified to hold such interests under the applicable state laws. 11. If any provision of this Stewardship Easement or the application thereof to any person or circumstances is found to be invalid, the remainder of the provisigns of this Stewardship Easement shall not be affected thereby, so long as the purpose of the Stewardship Easement is preserved. 12. All notices, consents, approvals or other communications hereunder shall be in writing and shall be deemed properly given if sent by United States certified mail, return receipt requested, addressed to the appropriate party or successor-in-interest. 13. This Stewardship Easement may be amended, altered, released or revoked only by written agreement of both Grantor and Grantees, which shall be filed in the Public Records of Collier County. TO HAVE AND TO HOLD unto Grantees, their successors and assigns forever. These covenants, terms, conditions, restrictions and purposes imposed with this Stewardship Easement shall not only be binding upon Grantor, but also its successors and assigns, and shall continue as a servitude running in perpetuity with the Property. Grantor hereby covenants with Grantees that Grantor is lawfully seized of the Property in fee simple; that the Property is free and clear of all encumbrances; that Grantor has good right and lawful authority to convey this Stewardship Easement; and that Grantor hereby fully warrants title to the Stewardship Easement hereby conveyed and will defend same against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF, the Grantor has hereunto set its hand and seal the __ ,2004. day of BARRON COLLIER INVESTMENTS, LTD., A Florida Limited Partnership WITNESSES: (Signature) (Print full name) (Signature) (Print full name) By: Its: -4- MAR 2 3 200 WITNESSES: BARRON COLLIER PARTNERSHIP, A Florida General Partnership (Signature) (Print full name) (Signature) (Print full name) By: Its: STATE OF FLORIDA COUNTY OF COLLIER The foregoing Stewardship Easement Agreement was executed ., 2004, by , BARRON COLLIER INVESTMENTS, LTD. before me this as day of of Notary Public Name Certificate No. My Commission expires STATE OF FLORIDA COUNTY OF COLLIER The foregoing Stewardship Easement Agreement was executed before , 2004, by , as BARRON COLLIER PARTNERSHIP. me this day of of -5- Notary Public Name Certificate No. My Commission expires GRANTEES' ACCEPTANCE OF STEWARDSHIP EASEMENT Grantees, Collier County, Florida and the Florida Department of Agriculture and Consumer Affairs, by and through their undersigned representatives, hereby acknowledge and accept the Grantees' duties and responsibilities as specified in this Stewardship Easement Agreement.: FLOR/DA DEPARTMENT OF AGRICULTURE AND CONSUMER AFFAIRS By: Its: WITNESSES: (Signature) (Print full name) (Signature) (Print full name) STATE OF FLOR/DA COUNTY OF LEON The foregoing Agreement was executed before me this __ day of ,2003, by. of the Florida Department of Agriculture and Consumer Affairs. , as Notary Public Name Certificate No. My Commission expires -6- MAR 2 3 2004 ATTESTED TO BY: BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA DWIGHT E. BROCK, CLERK APPROVED AS TO FORM AND LEGAL SUFFICIENCY: ASSISTANT COUNTY ATTORNEY By: : Donna Fiala, Chairman -7- STEWARDSHIP EASEMENT AGREEMENT Exhibit "A": SSA Land Legal Description Exhibit "B": BCI/BCP SSA 2 (704.14 acre parcel) depicted on Map of SSA Land. \S Ease Agr Two C-revl -8- BCI~BCP SSA 2 Exhibit E FSA\HSA Lands AGENDA ITEM No. BCI-BCP SSA 3 AND 4 DESCRIPTION AGREEMENT THIS BCI-BCP SSA 3 AND 4 DESCRIPTION AGREEMENT (hereinafter referred to as the "Agreement") is made and entered into this day of March, 2004 by and between COLLIER COUNTY, a political subdivision of the State of Florida' (hereina..fter referred to as "County") whose mailing address is the Harmon Turner Building, 3301 East Tamiami Trail, Naples, Florida 34112, and BARRON COLLIER INVESTMENTS LTD., a Florida Limited Partnership ("BCI") and BARRON COLLIER PARTNERSHIP, a Florida General Partnership ("BCP") (hereinafter individually and jointly referred to as "Owner") whose mailing addresses are 2600 Golden Gate Parkway, Naples, Florida 34105, is for the purpose of addressing the contingency of the descriptions of land utilized in the SSA 3 and 4 Designations being held invalid by a court of law. RECITALS WHEREAS, on October 22, 2002, The Collier County Board of County Commissioners adopted Collier County Rural Land Stewardship Area Overlay Growth Management Plan Goals, Objectives and Policies which established the Rural Land Stewardship Area Overlay District ("RLSA Overlay"); and WHEREAS, the RLSA Overlay was adopted as an innovative program designed to preserve natural resource areas, to protect agricultural lands, and to direct growth to suitable locations, which Program relies principally on an incentive based program to protect natural resources; and WHEREAS, the RLSA Overlay includes an RLSA Overlay Map and a National Resources Index Map Series; and WHEREAS, both the RLSA Overlay Map and RLSA Natural Resources Index Map were prepared using ESRI Geographic Information System Soflavare ("GIS"); and WHEREAS, Owner has asked County to establish four Stewardship Sending Areas ("SSAs") on land owned by Owner; and WHEREAS, County has designated as SSAs BCI-BCP SSAs 1 through 4, inclusive as SSAs, and provided Owner with Stewardship Credits as a result of such designation; and WHEREAS, Section 2.2.27.9.C.5. of the Collier County Land Development Code requires that Owner enter into a Stewardship Credit Agreement with the County as to any lands designated as a SSA; and WHEREAS, Owner and County have entered into a Stewardship Credit Agreement for BCI-BCP SSAs 1 through 4, which Stewardship Credit Agreements contain a metes and bounds legal description of lands within SSAsl through 4; and ,~G£NO~ rr;-~ /~ P~age 1 of 4 I~AR 2 3 20,~'~ ~ WHEREAS, differing Land Use Layers have been removed on different p .arcels of land within BCI-BCP SSAs 3 and 4; and WHEREAS, Owner has utilized descriptions of areas wit. bin SSAs, 3 and 4 where differing Land Use Layers have been removed based on said GIS Mapping; and WHEREAS, the various professionals that might review the area where differing Land Use Layers have been removed have determined that said GIS Mapping description is a more useful description than a metes and bounds description; and WHEREAS, the parties wish to address the contingency that said GIS Mapping description would be found invalid as a legal description in a court of law. WITNESSETH NOW THEREFORE, in consideration of $10.00, and the covenants, conditions and agreements contained herein, and other good and valuable consideration, the parties agree as follows: 1. The Recitals are true and correct and incorporated herein by reference as if repeated verbatim herein. 2. By its adoption of Resolution 04- , the County has designated as Stewardship Sending Areas BCI-BCP Stewardship Sending Areas 1, 2, 3 and 4 inclusive, pursuant to the requirements of the RLSA Overlay District and the relevant provisions of Section 2.2.27.9 of the Collier County Land Development Code. 3. Owner has provided a digitized description ("GIS Mapping") of areas within BCI- BCP SSAs 3 and 4 on which differing Land Use Layers have been removed. 4. Within BCI-BCP SSAs 3 and, the mapping methodology to establish different land use layer boundaries was intended to delineate and digitize identifiable site features such as ditches, berms, or farm field edges on aerial photographs with 2.5' pixels using ESRI Geographic Information Systems software. These digitized lines are expressed in Florida State Plane Coordinate System, Florida East Zone, NAD 83, GRS80, and can be accurately translated to a metes and bounds legal description. The digitized lines represent the existing site conditions as of the date of the aerial photograph (April, 2003). 5. The parties have determined that the GIS Mapping description is more useful to the County staff, other agencies, and interested parties than a metes and bounds legal description. The parties realize that it would be a disincentive to the RLSA Program to require a metes and bounds legal description because of the cost. page 2 of 4 6. In the event the County takes any legal action to enforce the requirements of the Stewardship Credit Agreement or the Stewardship Easement Agreement for BCI-BCP SSAs 3 or 4, and a court of competent jurisdiction determines the GIS Mapping description of the land utilized therein is unenforceable as an adequate description of those parts of SSAs 3 and 4 on which different Land Use Layers have been removed as detailed Ln said S~;ewardship Credit Agreement and Stewardship Easement Agreement, Owner agrees, at its sole expense, to have a metes and bounds legal description prepared and recorded in the Public Records of Collier County as replacement for the GIS Mapping description. Said replacement metes and bounds description shall relate back to the date of said Stewardship Credit Agreement and Stewardship Easement Agreement as if attached thereto as of the date of said Agreements. The replacement metes and bounds description shall be recorded within thirty days of said court entering an order stating that the GIS Mapping description is not a sufficient legal description and Owner shall take any and all actions necessary to comply with the Order of the Court. 7. This Agreement shall only be modified or amended by the mutual written consent of the parties hereto or by their successors and interests. 8. The obligations of this Agreement shall be binding upon and the benefits of this Agreement shall inure to all successors in interests to the parties to this Agreement. 9. Failure to comply with the terms and conditions hereof shall entitle the County to all legal and equitable remedies, including an action for injunctive relief in the Circuit Court of Collier County to enforce the terms of this Agreement. ATTEST: DWIGHT E. BROCK, CLERK By: BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA Deputy Clerk By: Approved as to form and Patrick G. White Assistant County Attorney Donna Fiala, CHAIRMAN MAR 2 3 P g-~¢~age 3 of 4 BARRON COLLIER PARTNERSHIP By: Name: BARRON COLLIER INVESTMENTS LTD. By: Nalne: STATE OF FLORIDA COUNTY OF COLLIER Before me, a Notary Public, the foregoing instrument was sworn to, subscribed and acknowledged this day of February, 2004 by as of BARRON COLLIER PARTNERSHIP and who is personally known to me or who produced as identification. (SEAL) Notary Public Printed Name: Commission No.: My Commission Expires: STATE OF FLORIDA COUNTY OF COLLIER Before me, a Notary Public, the foregoing instrument was sworn to, subscribed and acknowledged this day of February, 2004 by as of BARRON COLLIER INVESTMENTS, LTD. and who is personally known to me or who produced as identification. (SEAL) Notary Public Printed Name: Commission No.: my Commission Expires: F:\wpdocsLLIT'xGLV'xNew Town Deve!opment~Ave MarakLcgal Doca~BCI-BCP D~scriptAgn~ 1 ~ AGENDA ITEt~L. n I~ I~AR 2 3,_or,~°~" yage 4 of 4 RESOLUTION 2004- A RESOLUTION OF THE COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS DESIGNATING 3195.54 ACRES IN THE RURAL LAND STEWARDSHIP AREA ZONING OVERLAY DISTRICT AS A STEWARDSHIP SENDING AREA WITH A DESIGNATION AS "BCI/BCP SSA 3," APPROVING A STEWARDSHIP SENDING AREA CREDIT AGREEMENT FOR BCI/BCP SSA 3, AND ESTABLISHING THE NUMBER OF STEWARDSHIP CREDITS GENERATED BY THE DESIGNATION OF SAID STEWARDSHIP SENDING AREA WHEREAS, Barron Collier Investments Ltd., a Florida limited partnership ("BCI") and Barron Collier Partnership, a Florida general partnership ("BCP") (herein jointly referred to as "Owner") own approximately three thousand one hundred and ninety-five and fifty-four hundredths (3195.54) acres located within the boundaries of the Rural Lands Stewardship Areas Zoning Overlay District ("RLSA District") located in Collier County, Florida; and WHEREAS, Owner has voluntarily requested that said land be designated as a Stewardship Sending Area ("SSA") in accordance with, and pursuant to Section 2.2.27.9 of the Collier County Land Development Code ("LDC"); and WHEREAS, Owner has submitted a SSA Designation Application ("Application") for the BCI/BCP SSA 3 land; and WHEREAS, Collier County Staff has reviewed the Application, along with support documentation and information required by Section 2.2.27 of the LDC, and determined that the Application is legally sufficient; and WHEREAS, the Collier County Board of County Commissioners ("Board") has determined the BCI/BCP SSA 3 Stewardship Credit Agreement is in compliance with, and meets the requirements of the LDC, and is in substantial benefit to the general public. NOW, THEREFORE, be it resolved by the Board that: BCI/BCP SSA 3, as described in attached Exhibit "A", consisting of approximately three thousand one hundred and ninety-five and fi~-four ~ hundredths (3195.54)acres is hereby designated as a~~/._ ~ Sending Area ("SSA"), and will be officially designated as "BCI/BCP SSA 3" on the Official Zoning Atlas Map. The BCI/BCP SSA 3 Stewardship Credit Agreement, attached hereto as Exhibit "B", meets the requirements of Section 2.2,27.9 of the LDC and the Board hereby approves the BCI/BCP SSA 3 Stewardship Credit Agreement. The Board hereby establishes, grants and assigns four thousand six hundred and seventy-five and two tenths (4675.2) Stewardship Credits to the Owner, which may be sold, transferred, or otherwise utilized by the Owner in accordance with Section 2.2.27 of the LDC. o The Board further approves and authorizes the acceptance of the Stewardship Easement Agreement for the BCI/BCP SSA 3 lands. 5 By its designation of the lands described in Exhibit "A" as a Stewardship Sending Area, the County shall not hereafter grant or approve any increase in the density or additional uses beyond those uses specifically authorized in the BCI/BCP SSA 3 Credit Agreement. THIS RESOLUTION ADOPTED this 23rd day of March, 2004, after a Motion, seconded, and majority vote favoring same. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA ATTEST: DWIGHT E. BROCK By: , Deputy Clerk Donna Fiala, Chairman Approved as to form and By: Pa~'k'G. White Assistant County Attorney F:\wpdocs\Ll~GLV~New Town Development~ve Maria\Legal Docs~,esolution 2004 2-5-04 (3).doc STEWARDSHIP SENDING AREA CREDIT AGREEMENT (BCI/~C~' SSA 3) THIS STEWARDSHIP SENDING AREA CREDIT AGREEMENT (hereinafter referred to as the "Agreement") is made and entered into this __ day of , 2004, by and between COLLIER COUNTY, a political subdivision of the State of Florida, hereinafter referred as "County" whose mailing address is the Harmon Turner Building, 3301 East Tamiami Trail, Naples, Florida 34112, and Barron Collier Investments, Ltd., a Florida Limited Partnership ("BCI") and Barron Collier Partnership, a Florida General Partnership ("BCP"), hereinafter individually and jointly referred to as "Owner", whose mailing addresses are 2600 Golden Gate Parkway, Naples, Florida 34105, for the purpose of designating a "Stewardship Sending Area" ("SSA") on certain lands belonging to Owner, eliminating Land Use Layers from said lands, and assigning to Owner Stewardship Credits, all pursuant to Section 2.2.27. of the Collier County Land Development Code. WITNESSETH: WHEREAS, BCI and BCP are the owner of approximately 5286.18 acres of land in four (4) separate locations within the boundaries of the Rural Lands Stewardship Area Zoning Overlay District ("RLSA District") located in Collier County, Florida, which land is the subject of a Stewardship Sending Area Application (Application AR-4359) filed by Owner with Collier County, Florida; and WHEREAS, Owner has voluntarily requested that of the approximately 5,286.18 acres, a 3195.54 acre parcel legally described in the attached Exhibit "A" (hereinafter referred to as "BCI/BCP SSA 3") and depicted on Exhibit "B" be designated as a Stewardship Sending Area in accordance with and pursuant to Section 2.2.27.9. of the Collier County Land Development Code ("LDC"); and WHEREAS, Owner has submitted, and the County has reviewed, a SSA Designation Application filed with the County on June 18, 2003 for the BCI/BCP SSA 3 land described in Exhibit "A"; and WHEREAS, Collier County has reviewed the SSA Designation Application, along with all support documentation and information required by Section 2.2.27 of the Collier County Land Development Code and determined that the Owner's application is legally sufficient and should be granted; and WHEREAS, the County and Owner have reached agreement concerning the number of Stewardship Credits that are to be generated by the designation of the BCI/BCP SSA 3 described in Exhibit "A" as an SSA, and the parties further intend to specify the land uses that are eliminated from, and those land uses that remain on, BCI/BCP SSA 3; and WHEREAS, the County and Owner agree that this Agreement is in compliance with and fully meets the requirements of the Collier County Growth Management Plan and LDC and is of substantial benefit to the general public. . 1 NOW THEREFORE in consideration of' the above premises and other good and valuable consideration, the receipt and sufficiency of' which is hereby acknowledged,~ and in further consideration of the mutual covenants contained herein, the parties agree as follows: 1. Land Designated as SSA. : BCI/BCP SSA 3 as described in Exhibit "A", consisting of al~proximately 3195.54 acres, is hereby designated a Stewardship Sending Area ("SSA"), and officially designated as BCI/BCP Stewardship Sending Area 3 (BCI/BCP SSA 3). 2. Land Use Layers. The following Land Use Layers as described in the Land Use Matrix in Section 2.2.27.9.B.4. of the Collier County LDC are hereby eliminated from and prohibited within BCI/BCP SSA 3: BCI/BCP SSA 3 is within the Big Cypress Area of Critical State Concern. One hundred eighty and two hundredths (180.02) acres of BCI/BCP SSA 3 are within a Flowway Stewardship Area ("FSA") and three thousand fifteen and fifty-two hundredths (3015.52) acres of BCI/BCP SSA 3 are within a Habitat Stewardship Area ("HSA"). Within BCI/BCP SSA 3, Land Use Layers 1-4, as described in Section 2.2.27.9.B.4. of the LDC, are hereby eliminated on one thousand seventy- eight and sixty-four hundredths (1078.64) acres. The remaining land use layers that is Agriculture - Group 1, Agriculture - Support Uses, and Agriculture - Group 2, are permitted to continue and may convert from one type of Agriculture to another or convert to Agriculture - Support Uses and expand to the limits of areas depicted on Exhibit "C" for Agriculture - Group 1 Uses. No conversion of Agriculture - Group 2 to Agriculture - Group 1 shall be allowed beyond those land uses in existence or on areas depicted as Agriculture-Group 1 on Exhibit "C". Within BCI/BCP SSA 3, Land Use Layers 1-6, inclusive, are hereby eliminated on two thousand one hundred sixteen and ninety-one hundredths (2116.91) acres. The remaining Land Use Layer, Agriculture - Group 2, as depicted on Exhibit "C", cannot be converted to Agriculture - Group 1 from and after the designation of such land as a SSA. 3. Natural Resource Index Assessment. A Natural Resource Index Assessment Worksheet ("Worksheet") for BCI/BCP SSA 3 described in Exhibit "A" is attached to this Agreement as Exhibit "D". The Worksheet (Exhibit "D") quantifies the number of acres by Index Values, sets forth the level of conservation, and establishes the number of Stewardship Credits generated. In addition, the Worksheet quantifies the number of Early Entry Bonus Credits generated by the designation of BCI/BCP SSA 3. The number of Stewardship Credits hereby generated and assigned to Owner by this Agreement for BCI/BCP SSA 3 are four thousand six hundred seventy-five and two tenths (4,675.2) Stewardship Credits, which may be sold, transferred, or otherwise utilized by the Owner in accordance with Section 2.2.27. of the Collier County Land Development Code. ~~. 4. Exchange Rate. The Stewardship Credits generated and assigned for the establishment of the SSA on BCI/BCP SSA 3 herein may be transferred to a Stewardship Receiving Area (SRA) in exchange for the development of land at the rate of eight Stewardship Credits for the development of one acre of land in a SRA. : 5. Land Management Measures. On lands within BCI/BCP SSA 3 on which Land Use Layers 1-6 have been eliminated, land management measures will be those customarily utilized in ranching operations in Southwest Florida. These customary measures may include prescribed burning, mechanical brush control ("chopping") and other exotic and nuisance species control, fence construction and maintenance, selective thinning of trees, and ditch and ranch road maintenance. On those lands within Owner's BCI/BCP SSA 3 on which Land Use Layers 1-4 are eliminated, the measures listed above may be utilized. In addition, the following measures may be utilized disking; planting; irrigation and ditch, dike, and pumping construction and maintenance; fertilizer, disease, and insect control applications; mowing and other exotic and nuisance species control measures; farm road construction and maintenance; and other practices customarily associated with fanning vegetables or citrus in Southwest Florida. 6. References. The references herein to the LDC provisions are those contained in Section 2.2.27. of the Collier County Land Development Code existing as of the date this Agreement becomes effective and those provisions of the LDC shall control as to the rights, obligations, implementation or interpretations of this Agreement and rights of Owner in the BCI/BCP SSA 3. 7. Layers Included. The retention of any Land Use Layer also includes the retention of all Land Use Layers that are less intensive in nature and that are listed below that Land Use Layer (higher numbered layers) in Section 2.2.27.9.B.4. of the LDC, including the retention of Conservation Restoration and Natural Resource uses as contained in the Land Use Matrix contained in Section 2.2.27.9.B.4.b. of the LDC. 8. Restriction on Land Use Amendments. Upon designation of the land described in Exhibit "A" as an SSA, the Owner, its assigns and successors in interest to BCI/BCP SSA 3 shall not seek or request, and the County shall not grant or approve, any increase in the density or any additional uses beyond those specifically authorized in this Agreement. All of the lands subject to this Agreement are within an FSA or HSA as depicted on the RLSA Overlay Map, officially entitled "Collier County Rural and Agricultural Area Assessment Stewardship Overlay Map". Upon designation of these lands as an SSA, the owner shall neither seek nor request, and the County shall not in violation of Sections 2.2.27.9.A.2. and 3, thereafter grant cj' expansion or conversion of agricultural uses. 3 HAR 2 3 232-). 9. Effectiveness. This Agreement shall be effective upon its execution by both parties. The terms, conditions, and obligations hereunder shall constitute covenants that run with the land and may be enforceable by either party in the circuit courts for the 20th Judicial Circuit in Collier County. In the event that either party hereto shall institute l.egal proceedings in connection with or for the enforcement of this Agreement, the prevailing party shall be entitled to an award of reasonable attorney's fees, costs and expenses, to be taxed by a court of competent jurisdiction, which are directly related to any court trial and appellate proceedings. 10. Easement Agreement. Attached hereto as Exhibit "E" is a copy of the Stewardship Easement Agreement that will be executed by Owner and recorded by the County upon approval of this Agreement. The Stewardship Easement Agreement grants a perpetual easement in favor of Collier County and the Florida Department of Agriculture and Consumer Services setting forth specific land management measures and the party responsible for such measures for the BCI/BCP SSA 3 land described in Exhibit "A" which is the subject of this Agreement. 11. FSA/HSA Lands. All lands within the BCI/BCP SSA 3 are within a FSA or HSA. the FSA and HSA areas within BCI/BCP SSA 3. Exhibit "F" depicts 12. Successors and Assigns. As used in this Agreement the term "Owner" shall include the owner, its successors and assigns of any of the BCI/BCP SSA 3 land described in Exhibit "A". 13. Amendments. This Agreement may only be amended by written agreement of all parties. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their duly authorized officers or representative and their official seals hereto affixed the day and year first written above. WITNESSES: (Signature) (Print full name) (Signature) (Print full name) BARRON COLLIER INVESTMENTS, LTD., A Florida Limited Partnership By: Its: WITNESSES: (Signature) (Print full name) (Signature) (Print full name) BARRON COLLIER PARTNERSHIP, A Florida General Partnership By: Its: STATE OF FLORIDA COUNTY OF COLLIER The foregoing Stewardship Sending Area Credit Agreement was executed before me this __ ., 2004, by , as BARRON COLLIER INVESTMENTS, LTD. day of of Notary Public Name Certificate No. My Commission expires STATE OF FLORIDA COUNTY OF COLLIER The foregoing Stewardship Sending Area Credit Agreement was executed before me this __ , 2004, by ., as BARRON COLLIER PARTNERSHIP. day of of Notary Public Name Certificate No. My Commission expires AGENDA'IT~- ' HAR23200q ATTESTED TO BY: BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA DWIGHT E. BROCK, CLERK By: : Donna Fiala, Chairn~an APPROVED AS TO FORM AND LEGAL SUFFICIENCY: By: PATRICK G. WHITE ASSISTANT COUNTY ATTORNEY LIST OF EXHIBITS Stewardship Sending Area Credit Agreement 6 Exhibit "A" Exhibit "B" Exhibit "C" Exhibit "D" Exhibit "E" Exhibit "F" SSA Land Legal Description BCI/BCP SSA 3 (3195.54 acre parcel) depicted on Map of SSA Land. Remaining Land Uses Natural Resource Index Assessment Worksheet Stewardship Easement FSA/HSA Lands SA CA.Area Three. C-rev2 S.S.A. 3 EXHIBIT "A" LEGAL DESCRIPTION DESCRIPTION OF LANDS LYING WITHIN SECTIONS 33, 34, 35, AND 36, TOWNSHIP 46 SOUTH, RANGE 30 EAST AND SECTIONS 1, 2, 3 AND 4, TOWNSHIP 47 SOUTH, RANGE 30 EAST, COLLIER COUNTY, FLORIDA. (BCI-BCP SSA 3) THE SOUTH 1/2 HALF OF SECTION 33, TOWNSHIP 46 SOUTH, RANGE 30 EAST, PER THE "COLLIER SURVEY" APPROVED BY THE COLLIER COUNTY BOARD OF COMMISSIONERS (AUGUST 1943), AND ALL OF SECTION 34, TOWNSHIP 46 SOUTH, RANGE 30 EAST, PER THE "COLLIER SURVEY'" APPROVED BY THE COLLIER COUNTY BOARD OF COMMISSIONERS (AUGUST 1943), AND ALL OF SECTION 35, TOWNSHIP 46 SOUTH, RANGE 30 EAST, PER THE "COLLIER SURVEY" APPROVED BY THE COLLIER COUNTY BOARD OF COMMISSIONERS (AUGUST 1943), AND ALL OF SECTION 36, TOWNSHIP 46 SOUTH, RANGE 30 EAST, PER THE "COLLIER SURVEY" APPROVED BY THE COLLIER COUNTY BOARD OF COMMISSIONERS (AUGUST 1943), LESS THOSE LANDS LYING EAST OF THE EAST LINE OF SAID SECTION 36 PER THE JOHNSON ENGINEERING, INCORPORATED SURVEY (APRIL 1987) AND HUTCHEON ENGINEERING SURVEY (SEPTEMBER 1987); AND ALL OF SECTION 1, TOWNSHIP 47 SOUTH, RANGE 30 EAST COLLIER COUNTY, FLORIDA, PER THE "COLLIER SURVEY" APPROVED BY THE COLLIER COUNTY BOARD OF C©MMtSSIONERS (AUGUST 1943), LYING NORTH OF C.R. 846 (120' RIGHT-OF-WAY) LESS THOSE LANDS LYING EAST OF THE EAST LINE OF SAID SECTION 1 PER THE JOHNSON ENGINEERING INCORPORATED SURVEY (APRIL 1987)AND HUTCHEON ENGINEERING SURVEY (SEPTEMBER 1987); AND ALL OF SECTION 2, TOWNSHIP 47 SOUTH, RANGE 30 EAST COLLIER COUNTY, FLORIDA, PER THE "COLLIER SURVEY" APPROVED BY THE COLLIER COUNTY BOARD OF COMMISSIONERS (AUGUST 1943), LYING NORTH OF C.R. 846 (120' RIGHT-OF-WAY) PER THE JOHNSON SURVEY; AND ALL OF SECTION 3, TOWNSHIP 47 SOUTH, RANGE 30 EAST COLLIER COUNTY, FLORIDA, PER THE "COLLIER SURVEY" APPROVED BY THE COLLIER COUNTY BOARD OF COMMISSIONERS (AUGUST 1943), LYING NORTH OF C.R. 846 (120' RIGHT-OF-WAY) PER THE JOHNSON SURVEY; AND ALL OF SECTION 4, TOWNSHIP 47 SOUTH, RANGE 30 EAST COLLIER COUNTY, FLORIDA, PER THE GOVERNMENT SURVEY BASED ON THE "COLLIER SURVEY" APPROVED BY THE COLLIER COUNTY BOARD OF COMMISSIONERS (AUGUST 1943), LYING NORTH OF C.R. 846 (120' RIGHT-OF-WAY) PER THE JOHNSON SURVEY; BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SAID SECTION 33 PER THE COLLIER SURVEY; THENCE ALONG THE WEST LINE OF SAID SECTION 33 PER THE COLLIER SURVEY NORTH 00°45'07'' WEST 2,629.77 FEET TO THE WEST 1/4 CORNER OF SAID SECTION 33 PER THE COLLIER SURVEY; THENCE ALONG THE EAST-WEST 1/2 SECTION LINE OF SAID SECTION 33 PER THE COLLIER SURVEY SOUTH 89°52'24'' EAST 5293.66 FEET TO THE EAST 1/4 CORNER OF SAID SECTION 33 PER THE COLLIER SURVEY; THENCE ALONG THE WEST LINE OF SAID SECTION 34 PER THE COLLIER SURVEY NORTH 01000'24'' WEST 2,694.56 FEET TO THE NORTHWEST CORNER OF SAID SECTION 34 PER THE COLLIER SURVEY; : AGENOA ITEM DESCRIPTION OF LANDS LYING WITHIN SECTIONS 33, 34, 35, AND 36, TOWNSHIP 46 SOUTH, RANGE 30 EAST AND SECTIONS 1.2, 3 AND 4, TOWNSHIP 47 SOUTH, RANGE 30 EAST, COLLIER COUNTY, FLOR/DA. (BCI-BCP SSA 3) Continued; THENCE ALONG THE NORTH LINE OF SAID SECTION 34 PER THE COLLIER SURVEY NORTH 89°55'02" EAST 5400.02 TO THE NORTHEAST CORNER OF SAID SECTION 34 PER THE COLLIER SURVEY; THENCE ALONG THE NORTH LINE OF SAID SECTION 35 PER THE COLLIER SURVE.~ SOUTH 89.~54'10" EAST 5309.46 FEET TO THE NORTHEAST CORNER OF SAID SECTION 35 PER THE COLLIER SURVEYi THENCE ALONG THE NORTH LINE OF SAID SECTION 36 PER THE COLLIER SURVEY SOUTH 89°53'57'' EAST 5158,53 FEET TO THE INTERSECTION OF THE NORTH LINE OF SAID SECTION 36 PER THE COLLIER SURVEY AND THE EAST LINE OF SAID SECTION 36 PER THE JOHNSON SURVEY' THENCE ALONG THE EAST LINE OF SAID SECTION 36 PER THE JO'HNSON SURVEY SOUTH 00°08'20'' WEST 2,045.37 FEET TO THE EAST 1/4 CORNER OF SAID SECTION 36 PER THE JOHNSON SURVEY; THENCE ALONG THE EAST LINE OF SAID SECTION 36 PER THE JOHNSON SURVEY SOUTH 00°08'28'' WEST 2,647.28 FEET TO THE SOUTHEAST CORNER OF SAID SECTION 36 PER THE JOHNSON SURVEY; THENCE ALONG THE EAST LINE OF SAID SECTION 1 PER THE JOHNSON SURVEY SOUTH 01°11'20" EAST 2,077.41 FEET TO THE INTERSECTION WITH THE NORTH RIGHT-OF-WAY LINE OF SAID C.R. 846 PER THE JOHNSON SURVEY; THENCE ALONG THE NORTH RIGHT-OF-WAY LINE OF SAID C.R. 846 PER THE JOHNSON SURVEY FOR THE FOLLOWING 6 COURSES: 1. SOUTH 89°44'47'' WEST 9,370.56 FEET; 2. THENCE 1,064.18 FEET ALONG THE ARC OF A CIRCULAR CURVE CONCAVE SOUTH HAVING A RADIUS OF 5,814.65 FEET THROUGH CENTRAL ANGLE OF 10°29'10'' AND BEING SUBTENDED BY A CHORD WHICH BEARS SOUTH 84°30'12'' WEST 1,062.70 FEET; 3. THENCE SOUTH 79°15'37" WEST 4,910.20 FEET; 4. THENCE 988.69 FEET ALONG THE ARC OF A CIRCULAR CURVE CONCAVE NORTH HAVING A RADIUS OF 6,439.09 FEET THROUGH CENTRAL ANGLE OF 08°47'51'' AND BEING SUBTENDED BY A CHORD WHICH BEARS SOUTH 83°39'31'' WEST 987.72 FEET; 5. THENCE SOUTH 88°03'27" WEST 4,304.44 FEET; 6. THENCE 526.86 FEET ALONG THE ARC OF A CIRCULAR CURVE CONCAVE NORTH HAVING A RADIUS OF 34,292.50 FEET THROUGH CENTRAL ANGLE OF 00°52'49'' AND BEING SUBTENDED BY A CHORD WHICH BEARS SOUTH 88°29'51'' WEST 526.86 FEET TO THE INTERSECTION WITH THE WEST LINE OF SAID SECTION 4 PER THE GOVERNMENT SURVEY BASED ON THE COLLIER SURVEY; THENCE ALONG THE WEST LINE OF SAID SECTION 4 PER THE GOVERNMENT SURVEY BASED ON THE COLLIER SURVEY NORTH 00°59'47'' WEST 2,795.41 FEET TO THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED. CONTAINING 3,195.54 ACRES, MORE OR LESS. SUBJECT TO EASEMENTS, RESERVATIONS AND RESTRICTIONS OF RECORD. BEARINGS ARE BASED ON THE WEST LINE OF SECTION 33, TOWNSHIP 26 SOUTH, RANGE 30 EAST, COLLIER COUNTY, FLORIDA, BEING NORTH 00°45'07'' WEST. WILSONMILLER, INC. REGISTERED ENGINEERS AND LAND SURVEYORS CERTIFICATE OF AUTHORIZATION #LB-43. BY: ~; -J' - ~.~--; ~' J(~~/~-~ 6-12-03 BRADLEY'E. STOCKHAM, P.S.M. #6390 DATE NOT VALID UNLESS EMBOSSED WITH THE PROFESSIONAL'S SEAL. REF. 2H-46 SHEET 3 W.O.: 03786-001-000-MABS2 DATE: 6/12/03 :I7/04 - W-#123981 vl - AM'LI SSA AP. EA 3 DESCP,.IpT[©N o z -,-, EXHIBIT 'A' SKETCH BCI-BCP SSA 3 ~,~,, PER O.R ~OOK 2493 .~~ __ - ~' BCI~BCP SSA 3 Exhibit B Location Map SSA 3 Exhibit C Remaining Land Uses Layers MAR 2 3 200~- AC-,~NOA ITEJ~ ~ :~ This instrument Prepared by: George L. Vamadoe, Esq. Young, van Assenderp, Vamadoe & Anderson, P.A. 801 Laurel Oak Drive, Suite. 300 Naples, Florida 34108-2771 Tract: BCI/BCP SSA 3 STEWARDSHIP EASEMENT AGREEMENT THIS STEWARDSHIP EASEMENT is granted this __ day of ,2004, by Barton Collier Investments, Ltd., a Florida Limited Partnership and Barron Collier Partnership, a Florida General Partnership, whose address is 2600 Golden Gate Parkway, Naples, Florida 34105, hereinafter collectively called "Grantor", to Collier County, a political subdivision of the State of Florida, and Florida Department of Agriculture and Consumer Affairs, hereinafter collectively called the "Grantees". RECITALS Grantor is the owner of approximately 3,195.54 acres of land situated in Collier County, Florida, and more specifically described in Exhibit "A" attached hereto and incorporated herein by reference (hereinafter "Property" or "BCI/BCP SSA 3"). Grantor and Collier County entered into a Stewardship Sending Area Credit Agreement (ASSA Agreement@) dated , which designated the Property "BCI/BCP Stewardship Sending Area 3" ("BCI/BCP SSA 3"). This 3195.54 acre parcel, as legally described in Exhibit "A", has been designated as a AStewardship Sending Area@ ("SSA") in accordance with Section 2.2.27.9. of the Collier County Land Development Code ("LDC"). The Property is depicted on Exhibit "B'." The SSA Agreement and Section 2.2.27.9.B.8. of the LDC require Grantor to provide a perpetual Stewardship Easement identifying the specific land management measures for BCI/BCP SSA 3 and the party responsible for such measures. In exchange for the designation of the Property as SSA, the County has granted and assigned to Grantor four thousand six hundred seventy-five and two tenths (4,675.2) Stewardship Credits which will allow Grantor to entitle five hundred eighty-four and four tenths (584.4) acres for development within the Rural Lands Stewardship Area District. -1- E. The purposes of this Stewardship Easement are (1) to designate the allowed uses of the Property consistent with the terms of the SSA Agreement (2) to identify specific land management measures and the party responsible, and (3) to provide for the enforcement of the Stewardship Easement. NOW, THEREFORE, in consideration of the designation of the Property as Stewardship Sending Area, together with other good and valuable consideration, the adequacy and receipt of which are hereby acknowledged, Grantor hereby grants, creates, conveys and establishes a perpetual nonexclusive Stewardship Easement for and in favor of the Grantees upon the property described in Exhibit "A", which shall run with the land and be binding upon the Grantor, its successors and assigns and shall remain in full force and effect forever. It is agreed as follows: 1. The recitals and exhibits are incorporated by reference as if repeated verbatim herein. Exhibit "C" depicts and Exhibit "D" describes the one thousand seventy-eight and sixty- four hundredths (1078.64) acres within BCI/BCP SSA 3, where four (4) Land Use Layers are hereby eliminated and the Property is henceforth prohibited from being utilized for the following land uses, as defined in Section 2.2.27.9.B.4. of the LDC: A. Residential Land Uses, also described as Land Use Layer 1. B. General Conditional Uses, also described as Land Use Layer 2. C. Earth Mining and Processing Uses, also described as Land Use Layer 3. D. Recreational Uses, also described as Land Use Layer 4. All Land Use Layers referenced in paragraphs 2 and 3 hereof, are defined in Section 2.2.27.9.B.4. of the LDC. Exhibit "C" also depicts the two tfiousand one hundred sixteen and ninety-one hundredths (2116.91) acres within BCI/BCP SSA 3, where the following six (6) Land Use Layers are eliminated and the Property is henceforth prohibited from being utilized for the following land uses, as defined in Section 2.2.27.9.B.4. of the LDC: A. Residential Land Uses, also described as Land Use Layer 1. B. General Conditional Uses, also described as Land Use Layer 2. C. Earth Mining and Processing Uses, also described as Land Use Layer 3. D. Recreational Uses, also described as Land Use Layer 4. -2- AGENDA No., MAR 2 3 o o Eo Agriculture - Group 1, also described as Land Use Layer 5. Agriculture - Support Uses, also described as Land Us'e Layer 6. Grantor reserves all rights as owner of the Property, including the .right to engage in uses of the Property that are not inconsistent with the SSA Agreement or the intent and purposes of this Stewardship Easement. Grantor may use BCI/BCP SSA 3 only for the land uses set forth in this paragraph: mo Conservation, Restoration, and Natural Resources Uses are allowed on all of the Property, including the specifics thereof set forth in Section 2.2.27.9.B.4.b. of the LDC. B° These lands in BCI/BCP SSA 3 land depicted on Exhibit "C" as having had the first six (6) Land Use Layers eliminated, may also be used for Agriculture - Group 2 (Land Use Layer 7) as defined in Section 2.2.27.9.B.4. of the LDC. Agriculture - Group 2 uses cannot be converted to Agriculture - Group 1 from and after the designation of such lands as a SSA. Those lands in BCI/BCP SSA 3 depicted on Exhibit "C" and described on Exhibit "D" as having the first four (4) Land Use Layers eliminated, may also be used for Agriculture - Group 1 (Land Use Layer 5); Agriculture - Support Uses (Land Use Layer 6); and Agriculture - Group 2 (Land Use Layer 7). Those land uses are permitted to continue, and may convert from one type of Agriculture to another. Owner retains the right to construct and maintain farm and ranch roads to access its lands within the Property for the purposes retained herein. The Grantees shall have the right to enjoin any activity on or use of the Property that is inconsistent with this Stewardship Easement and to enforce the restoration of such areas or features of the Property that may be altered by any inconsistent activity or use. The following land management measures shall be undertaken as to BCI/BCP SSA 3 and the Owner of the fee title to the Property shall be the party responsible for such measures: mo On those lands within BCI/BCP SSA 3 on which Agriculture - Group 2 uses are the only remaining agricultural uses, land management mea: ~l~J~~ 1~._. -3- MAR 2 3 10. 11. 12. those customarily utilized in ranching operations in Southwest Florida. These customary measures may include prescribed burning, mechanical brush control ("chopping") and other exotic and nuisance species control, fence construction and maintenance, selective thinning of trees, and ditch and ranch road maintenance. : Bo On those lands within BCI/BCP SSA 3 on which Agriculture - Group 1 uses are retained, the measures listed in 6.A. above, may be utilized. In addition, the following measures may be utilized: disking; planting; irrigation and ditches, dikes, and pumping construction and maintenance; fertilizer, disease, and insect control application; mowing and other exotic and nuisance species measures; farm road construction and maintenance; and other practices customarily associated with farming vegetables or citrus in Southwest Florida. Grantees shall not be responsible for any costs or liabilities related to the operation of or land management measures for the Property. Grantor shall pay any and all real property taxes and assessments levied by competent authority on the Property. References to the LDC are to those provisions of Section 2.2.27. of the Collier County Land Development Code in existence as of the date of this Stewardship Easement Agreement and those LDC provisions shall control as to all rights, obligations, implementation, entitlements, land uses eliminated and permitted, and interpretations, requirements, or issues relating thereto, notwithstanding any future amendments thereto. Enforcement of the terms and provisions of the Stewardship Easement shall be at the reasonable discretion of Grantees, and any forbearance on behalf of Grantees to exercise its rights hereunder in the event of any breach hereof by Grantors, shall not be deemed or construed to be a waiver of Grantees' rights hereunder. All costs and reasonable attorneys' fees incurred in enforcing, judicially or otherwise, the terms and restrictions of this Stewardship Easement shall be borne by and recoverable against the non-prevailing party in such proceedings. Grantees will hold this Stewardship Easement for the purposes set forth herein and to ensure compliance with the terms hereof. Grantees will not assign their rights and obligations under this Stewaa'dship Easement except to another organization qualified to hold such interests under the applicable state laws. If any provision of this Stewardship Easement or the application thereof to any person or circumstances is found to be invalid, the remainder of the provisions of this A~A -~- MAR 2 3- Stewardship Easement shall not be affected thereby, so long as the purpose of the Stewardship Easement is preserved. 13. All notices, consents, approvals or other communications hereunder shall be in writing and shall be deemed properly given if sent by United States certified mail, return receipt requested, addressed to the appropriate party or successor-in-interest. 14. This Stewardship Easement may be amended, altered, released or revoked only by written agreement of both Grantor and Grantees, which shall be filed in the Public Records of Collier County. TO HAVE AND TO HOLD unto Grantees, their successors and assigns forever. These covenants, terms, conditions, restrictions and purposes imposed with this Stewardship Easement shall not only be binding upon Grantor, but also its successors and assigns, and shall continue as a servitude running in perpetuity with the Property. Grantor hereby covenants with Grantees that Grantor is lawfully seized of the Property in fee simple; that the Property is free and clear of all encumbrances; that Grantor has good right and lawful authority to convey this Stewardship Easement; and that Grantor hereby fully ~varrants title to the Stewardship Easement hereby conveyed and wilt defend same against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF, the Grantor has hereunto set its hand and seal the ,2004. __ day of WITNESSES: BARRON COLLIER INVESTMENTS, LTD., A Florida Limited Partnership (Signature) (Print full name) (Signature) (Print full name) By: Its: -5- AC-~.NDA ITE. M/~ MAR 2 3 7.::~ WITNESSES: (Signature) (Print full name) (Signature) (Print full name) BARRON COLLIER PARTNERSHIP, A Florida General Partnership By: Its: STATE OF FLORIDA COUNTY OF COLLIER The foregoing Stewardship Easement Agreement was executed before me this __ ,2004, by , as BARRON COLLIER INVESTMENTS, LTD. day of of Notary Public Name Certificate No. My Commission expires STATE OF FLORIDA COUNTY OF COLLIER The foregoing Stewardship Easement Agreement was executed before me this __ ,2004, by ., as BARRON COLLIER PARTNERSHIP. ' ' day of of -6- Notary Public Name Certificate No. My Commission expires MAR 2 3 GRANTEES' ACCEPTANCE OF STEWARDSHIP EASEMENT Grantees, Collier County, Florida and the Florida Department of Agriculture and Consumer Affairs, by and through their undersigned representatives, hereby acknowledge and accept the Grantees' duties and responsibilities as specified in this Stewardship Easement Agreement. FLORIDA DEPARTMENT OF AGRICULTURE AND CONSUMER AFFAIRS WITNESSES: By: Its: (Signature) (Print full name) (Signature) (Print full name) STATE OF FLORIDA COUNTY OF LEON The foregoing Agreement was by , as the Consumer Affairs. executed before me this day of , 2003, of the Florida Department of Agriculture and Notary Public Name Certificate No. My Commission expires -7- MAR 2 3 20C + 77 ATTESTED TO BY: BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA DWIGHT E. BROCK, CLERK By: : Donna Fiala, Chairman APPROVED AS TO FORM AND LEGAL SUFFICIENCY: By: PATR~ICK G. WHITE ASSISTANT COUNTY ATTORNEY -8- gAR23200~ i Exhibit "A": Exhibit "B": Exhibit "C": Exhibit "D": STEWARDSHIP EASEMENT AGREEMENT SSA Land Legal Description : BCI/BCP SSA 3 (3,195.54 acre parcel) depicted on Map of SSA Land. Depiction of the Property where Land Uses have been eliminated. GIS Mapping Description A:\S E Agr Three. C-rev2.doc -9- AGENDA HAR 2 3 200~ Wil nMiller New Directions In Planning, Design & Engineering DESCRIPTION OF LANDS LYING WITHIN SECTIONS 33, 34, 35, AND 36, TOWNSHIP 46 SOUTH, RANGE 30 EAST ,; AND SECTIONS 1, 2, 3 AND 4, TOWNSHIP 47 SOUTH, RANGE 30 EAST, COLLIER COUNTY, FLORIDA. (AGRICULTURAL GROUP 1 AND AGRICULTURAL GROUP 2 DELINEATION WITHIN STEWARDSHIP SENDING AREA 3) ALL THAT PART OF SECTIONS 33, 34, 35, AND 36, TOWNSHIP 46 SOUTH, RANGE 30 EAST AND SECTIONS 1, 2, 3 AND 4, TOWNSHIP 47 SOUTH, RANGE 30 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS; AGRICULTURAL GROUP I LANDS: COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 34, TOWNSHIP 46 SOUTH, RANGE 30 EAST (POINT NUMBER 1, NORTHING 766258.53, EASTING 551231.72); THENCE ALONG THE WEST LINE OF SAID SECTION'34 PER THE COLIER SURVEY SOUTH 01°00'24" EAST 1382.30 FEET TO THE POINT OF BEGINNING OF PARCEL "A" OF THE PARCEL HEREIN DESCRIBED (POINT NUMBER 2, NORTHING 764876.43, EASTING 551256.00); . ..; THENCE LEAVING SAID LINE IN STRAIGHT LINE SEGMENTS THROUGH THE FOLLOWING VERTICES (POINT NUMBER 3 THROUGH POINT NUMBER 542 INCLUSIVE): POINT NUMBER 3, NORTHING 764805.06, EASTING 551348.62 NUMBER 4, NORTHING 764743.56, EASTING 551439.94 NUMBER 5, NORTHING 764737.00, EASTING 551450.81 NUMBER 6, NORTHING 764620.50, EASTING 551643.37 NUMBER 7, NORTHING 764616.37, EASTING 551650.56 NUMBER 8, NORTHING 764553.18, EASTING 551819.06 NUMBER 9, NORTHING 764528.56, EASTING 551920.50 NUMBER 10, NORTHING NUMBER 11, NORTHING POINT POINT POINT POINT POINT POINT POINT POINT POINT NUMBER 12, POINT NUMBER 13, POINT NUMBER 14, POINT NUMBER 15, POINT NUMBER 16, POINT NUMBER 17, POINT NUMBER 18, POINT NUMBER 19, POINT NUMBER 20, POINT NUMBER 21, POINT NUMBER 22 POINT NUMBER 23 POINT NUMBER 24 POINT NUMBER 25 POINT NUMBER 26 POINT NUMBER 27 POINT NUMBER 28 POINT NUMBER 29 764527.75, 764523.62, NORTHING 764517.06, NORTHING 764511.37, NORTHING 764508.06, NORTHING 764505.62, NORTHING 764520.37, NORTHING 764527.75, NORTHING 764559.75, NORTHING 764581.93, NORTHING 764622.93, NORTHING 764701.68, NORTHING 764715.62, NORTHING 764738.62, NORTHING 764788.68, NORTHING 764828.87, NORTHING 764833.81, NORTHING 764836.25, NORTHING 764822.31, NORTHING 764790.31, ?/2004- 132599 Ve¢: 01!- BSTOCKHAM ¢ 3 35-000-OOO-. O EASTING 551923.81 EASTING 551936.50 EASTING 552036.00 EASTING 552129.00 EASTING 552372.81 EASTING 552526.25 EASTING 552595.44 EASTING 552606.75 EASTING 552655.69 EASTING 552687.37 EASTING 552745.94 EASTING 552874.75 EASTING 552897.12 EASTING 552930.25 EASTING 553010.75 EASTING 553067.06 EASTING 553073.94 EASTING 553116.06 EASTING 553139.69 EASTING 553161.06 BCI/BCP SSA 3 STEWARDSHIP EASEMENT AGREEMENT EXHIBIT "D" GIS MAPPING DESCRIPTION Offices strategically located to serve our clients 800.649.4336 Nap/es/Corporate Office 3200 Bailey Lane, Suite 200 o Nap/es, F/or/da 34105 e 239.649.4040 ° Fax 239.643.5716 wi/sonrni//er, corn AC.~=NDA ITE. N~ -~' MAR 2 3 2004 Wilsp. nMiileF New Directions In Planning, Oes/gn & Enginee~ng DESCRIPTION OF LANDS LYING WITHIN SECTIONS 33. 34.35, AND 36, TOWNSHIP 46 SOUTH. RANGE 30 EAST AND SECTIONS 1, 2.3 AND 4, TOWNSHIP 47 SOUTH. RANGE 30 EAST, COLLIER COUNTY, FLORIDA. (AGRICULTURAL GROUP 1 AND AGRICULTURAL GROUP 2 DELINEATION WITHIN STEWARDSHIP SENDING AREA 3) SHEET 2. OF 38 POINT NUMBER 30, POINT NUMBER 31, POINT NUMBER 32, POINT NUMBER 33, POINT NUMBER 34, POINT NUMBER 35, POINT NUMBER 36, POINT NUMBER 37, POINT NUMBER 38, POINT NUMBER 39, POINT NUMBER 40, TO AS POINT "A" POINT NUMBER POINT NUMBER POINT NUMBER 43, POINT NUMBER 44, POINT NUMBER 45, POINT NUMBER 46, POINT NUMBER 47, POINT NUMBER 48, POINT NUMBER 49, POINT NUMBER 50, POINT NUMBER 51, POINT NUMBER 52, POINT NUMBER 53, POINT NUMBER 54, POINT NUMBER 55, POINT NUMBER 56, POINT NUMBER 57, POINT NUMBER 58, POINT NUMBER 59, POINT NUMBER 60 POINT NUMBER 61 POINT NUMBER 62 POINT NUMBER 63 POINT NUMBER 64 POINT NUMBER 65 POINT NUMBER 66 POINT NUMBER 67 POINT NUMBER 68 POINT NUMBER 69 POINT NUMBER 70. POINT NUMBER 71, POINT NUMBER 72, POINT NUMBER 73, POINT NUMBER 74, POINT NUMBER POINT NUMBER 132599 Vet: 01!- BSTOCK'HAM NORTHING 764762.43, EASTING 553171.12 NORTHING 764757.50, EASTING 553172.19 NORTHING 764737.00, EASTING 553176.87 NORTHING 764629.50, FASTING 553202.75 NORTHING 764556.50, EASTING 553223.06 EASTING 553233.00 EASTING 553257.31 EASTING 553283.87 EASTING 553313.69 EASTING 553375.31 FASTING 553426.75 NORTHING 764527.75, NORTHING 764458.00, NORTHING 764374.31, NORTHING 764257.00, NORTHING 764014.12, NORTHING 763804.06, 41, NORTHING 763692.50, 42, NORTHING 763682.62, NORTHING 763393.00, NORTHING 763276.50, NORTHING 762858.06, NORTHING 762793.25, NORTHING 762779.31, NORTHING 762675.12, NORTHING 762575.81, NORTHING 762572.56, NORTHING 762522.50, NORTHI NG 762472.43, NORTHING 762422.37, NORTHING 762371.50, NORTHING 762319.81 NORTHING 762268.12 NORTHING 762231.18 NORTHING 762216.43 NORTHING 762164.75 NORTHING 762113.06 NORTHING 762062.18 NORTHING 762010.50 NORTHING 761961.25 NORTHING 761949.81 NORTHING 761916.12 NORTHING 761881.68 NORTHING 761852.12 NORTHING 761813.56 NORTHING 761754.50 NORTHING 761605.18, NORTHING 761551.00, NORTHING 761576.43, NORTHING 761588.75, NORTHING 761591.25, 75, NORTHING 761582.18, 76, NORTHING 761565.81, EASTING 553448.19 EASTING 553450.12 EASTING 553522.44 EASTING 553551.56 EASTING 553655.87 EASTING 553673.50 EASTING 553677.81 EASTING 553698.94 EASTING 553730.31 EASTING 553731.25 EASTING 553752.37 EASTING 553771.94 EASTING 55379%00 EASTING 553807.56 EASTING 553821.69 EASTING 553835.62 EASTING 553845.56 EASTING 553849.56 EASTING 553864.12 EASTING 553879.81 EASTING 553895.62 EASTING 553910.62 EASTING 553932.94 EASTING 553940,06 EASTING 553961.69 EASTING 554001.81 EASTING 554047,50 EASTING 554036.44 EASTING 554019.50 EASTING 553976.75 EASTtNG 553961.25 EASTING 553893.19 EASTING 553841.19 EASTING 553787.44 FASTING 553734.50 EASTING 553683.25 BCI/BCP SSA 3 STEWARDSHIP EASEMENT AGREEMENT EXHIBIT "D" GIS MAPPING DECRIPTION SAID POINT HEREINAFTER REFERRED Offices strategically located to serve our clients 800.649.4336 Naples/Corpz)rate Office 3200 Ba/ley Lane, Su/te 200 e Nap/es, F/or/da 34105. 239.649,4040 · Fax 239.$43.5716 wi/sonm///er, com AC, EN~ ITEM^ MAR 2 3 200 WilsdnMiller® New Direct/ons In Planning, Design & Engineering DESCRIPTION OF LANDS LYING WITHIN SECTIONS 33, 34, 35, AND 36, TOWNSHIP 46 SOUTH, RANGE 30 EAST AND SECTIONS 1, 2, 3 AND 4, TOWNSHIP 47 SOUTH, RANGE 30 EAST, COLLIER COUNTY, FLORIDA. (AGRICULTURAL GROUP 1 AND AGRICULTURAL GROUP 2 DELINEATION WITHIN STEWARDSHIP SENDING AREA 3) SHEET 3 OF 38 POINT NUMBER 77, NORTHING 761540.37, EASTING 553634.81 POINT NUMBER 78, NORTHING 761502.62, EASTING 553598.62 POINT NUMBER 79, NORTHING 761453.37, EASTING 553575.56 POINT NUMBER 80, NORTHING 761400.87, EASTING 553562.19 POINT NUMBER 81, NORTHING 761347.56. EASTING 553558.44 POINT NUMBER 82, NORTHING 761293.37 EASTING 553558.75 POINT NUMBER 83, NORTHING 761105.50 EASTING 553522.44 POINT NUMBER 84, NORTHING 761098.12 EASTING 553514.31 POINT NUMBER 85, NORTHING 761076.81 EASTING 553500.44 POINT NUMBER 86, NORTHING 761053.00 EASTING 553485.06 POINT NUMBER 87, NORTHING 761000.50 EASTING 553483.31 POINT NUMBER 88, NORTHING 760946.31 EASTING 553489.50 POINT NUMBER 89, NORTHING 760893.00 EASTING 553493.31 POINT NUMBER 90, NORTHING 760771.56, EASTING 553517.37 POINT NUMBER 91, NORTHING 760770.75, EASTING 553522.44 POINT NUMBER 92, NORTHING 760735.43, EASTING 553940.06 POINT NUMBER 93, NORTHING 760733.00, EASTtNG 553970.94 POINT NUMBER 94, NORTHING 760694.43, EASTING 554009.56 POINT NUMBER 95, NORTHING 760650.12, EASTING 554020.62 POINT NUMBER 96, NORTHING 760561.50, EASTING 554007.44 POINT NUMBER 97, NORTHING 760525.43, EASTING 554002.06 POINT NUMBER 98, NORTHING 760472.06, EASTING 553998.00 POINT NUMBER 99, NORTHING 760418.75, EASTING 553994.81 POINT NUMBER 100, NORTHING 760364.62, EASTING 553995.25 POINT NUMBER POINT NUMBER POINT NUMBER 103, POINT NUMBER 104, POINT NUMBER 105, POINT NUMBER 106, POINT NUMBER 107, POINT NUMBER 108, POINT NUMBER 109, POINT NUMBER 110, POINT NUMBER 111, POINT NUMBER 112, POINT NUMBER 113, POINT NUMBER 114, POINT NUMBER 115, POINT NUMBER 116, POINT NUMBER 117, POINT NUMBER 118, 101, NORTHING 760311.25, 102, NORTHING 760257.93 NORTHING 760204.62 NORTHING 760151.25 NORTHING 760097.12 NORTHING 760046.25 NORTHING 759997.00 NORTHING 759956.00 NORTHING 759891.18 NORTH lNG 759859.18 NORTHING 759828.81 NORTHING 759796.81, NORTHING 759757.43, NORTHING 759726.25, NORTHING 759707.37, NORTHING 759654.87, NORTHING 759600.75, NORTHING 759547.37, POINT NUMBER 119, NORTHING 759494.87, POINT NUMBER 120, NORTHING 759441.56,- POINT NUMBER 121, NORTHING 759389.06, POINT NUMBER 122, NORTHING 759336.50, POINT NUMBER 123, NORTHING 759284.00, POINT NUMBER 124, NORTHING 759231.50, ., ,. EASTING 553998.00 EASTING 554001.87 EASTING 554006.81 EASTING 554011.81 FASTING 554017.56 EASTING 554031.94 EASTING 554055.00 EASTING 554088.87 EASTING 554148.75 EASTING 554193.75 EASTING 554238.87 EASTING 554281.19 EASTING 554316.06 EASTING 554329.37 EASTING 554337.37 EASTING 554347.94 EASTING 554345.37 EASTING 554338.50 EASTING 554329.75 EASTING 554320.12 EASTING 554309.75 EASTING 554298.06 EASTING 554285.69 EASTING 554273;25 BCI/BCP SSA 3 STEWARDSHIP EASEMENT AGREEMENT EXHIBIT "D" GIS MAPPING DECRIPTION Offices strategically located to ser&~e our c/lents 800.~49.4336 ~17~004- 132599 Vet; 01!- BSTOCKHAM CA,~43 03786-000-O00- - 0 Naple$/Corp_orate Office 3200 Bailey Lane, Suite 200 o Nap/es, F/or/da 34105 · 239.649. 4040 o Fax 239.643.5716 wil$onmiller, corn ACllENOA IT~Mfk~ ~ . MAR 2 3 W l nMiller® New Directions In Planning, Design & Engineen77g DESCRIPTION OF LANDS LYING WITHIN SECTIONS 33.34, 35, AND TOWNSHIP 46 SOUTH, RANGE 30 EAST AND SECTIONS 1, 2, 3 AND 4, TOWNSHIP 47 SOUTH. R~.NGE 30 EAST, COLLIER COUNTY, FLORIDA. [AGRICULTURAL GROUP 1 AND AGRICULTURAL GROUP DELINEATION WITHIN STEWARDSHIP SENDING AREA 3) SHEET 4 OF 38 POINT NUMBER POINT NUMBER POINT NUMBER POINT NUMBER POINT NUMBER POINT NUMBER POINT NUMBER POINT NUMBER POINT NUMBER POINT NUMBER POINT NUMBER POINT NUMBER POINT NUMBER POINT NUMBER POINT NUMBER POINT NUMBER POINT NUMBER POINT NUMBER POINT NUMBER POINT NUMBER POINT NUMBER POINT NUMBER POINT NUMBER POINT NUMBER POINT NUMBER POINT NUMBER POINT NUMBER: POINT NUMBER POINT NUMBER POINT NUMBER POINT NUMBER POINT NUMBER POINT NUMBER POINT NUMBER POINT NUMBER POINT NUMBER POINT NUMBER POINT NUMBER POINT NUMBER POINT NUMBER POINT NUMBER POINT NUMBER POINT NUMBER POINT NUMBER POINT NUMBER POINT NUMBER POINT NUMBER POINT NUMBER 125, NORTHING 759179.00, 126, NORTHING 759126.50, 127, NORTHING 759074.00, 128, NORTHING 759018.18, 129, 130, 131 132 133 134 135 136 137 138. 139. 140 141 142 143, 144, 145, 146, 147 148 149 150 151 152 153 154 155 156 157. 158. 159 160 161, 162, 163, 164, 165, 166, 167, 168, 169, 170, 171 172, NORTHING 758959.93, NORTHtNG 758931.18, NORTHING 758913.18, NORTHING 758899.18 NORTHING 758891.00 NQRTHING 758891.00 NORTHING 758878.68 NORTHING 758869.68 NORTHING 758862.31 NORTHING 758859.81 NORTHING 758845.87 NORTHING 758828.62, NORTHING 758810.62, NORTHING 758803.18, NORTHING 758794.18, NORTHING 758781.87, NORTHING 758776.93, NORTHING 758781.87, NORTHING 758793.37, NOR:THING 758799.12, NORTHING 758828.62, NORTHING 758870.50, NORTHING 758891.00, NORTHING 758918.87, NORTHING 758973.87, NORTHING 759030.50, NORTHING 759086.25, NORTHING 759139.62, NORTHING 759188.00, NORTHING 759229.06, NORTHING 759270.87, NORTHING 759308.62, NORTHING 759316.00, NORTHING 759366.06, NORTHING 759418.56, NORTHING 759456.31, NORTHING 759517.06 NORTHING 759627.00 NORTHING 759796.81 NORTHING 759911.68 NORTHING 760012.62 NORTHING 760052.81 , NORTHING 760091.37 NORTHING 760143.87 EASTING 554261.56 EASTING 554251.19 EASTING 554243.00 EASTING 554246.69 EASTING 554270.06 EASTING 554246.00 EASTING 554201.37 EASTING 554150.37 EASTING 554107.81 EASTI NG 554095.12 EASTING 554038.00 EASTING 553981.19 EASTING 553940.06 EASTING 553927.00 EASTING 553872.56 EASTING 553815.75 EASTING 553758.19 EASTING 553731.25 EASTING 553701.19 EASTING 553646.31 EASTING 553595.00 EASTING 553548.69 EASTING 553522.44 EASTING 553508.69 EASTING 553475.62 EASTING 553448.25 EASTING 553438.31 EASTING 553424.87 EASTING 553404.06 EASTtNG 553384.19 EASTING 553363.75 EASTING 553341.19 EASTING 553313.69 EASTING 553278.19 EASTING 553241.37 EASTING 553219.56 EASTING 553215.25 EASTING 553205.94 EASTING 553204.06 EASTING 553206.25 EASTING 553205.19 EASTING 553203.37 EASTING 553213.62 EASTING 553216.25 EASTING 553220.19 EASTI NG 553217.50 EASTING 553191.62 EASTING 553156.81 'J1712004-132599 Ver: 01!- BSTOCKHAM BCI/BCP SSA 3 STEWARDSHIP EASEMENT AGREEMENT EXHIBIT "D" GIS MAPPING DECRIPTION Offices strategically located to serve our c/lents 800.649.4336 IVaple$/Co~_orate Office 3200 Bailey Lane, Suite 200 o Nap/es, F/or/da 34105 · 239.649. 4040 o Fax 239.643.5716 wi/sonrnl//er, com Wil$onMiller,/nc. -- FL L lc..¢ L C-CO00 170 AC~=NDA ITEM MAR 2 3 200 t lsp. nMilleF New Directions In Planning, Design & Engineering DESCRIPTION OF LANDS LYING WITHIN SECTIONS 33, 34, 35, AND 36, TOWNSHIP 46 SOUTH, RANGE 30 EAST AND SECTIONS 1, 2, 3 AND 4, TOWNSHIP 47 SOUTH, RANGE 30 EAST, COLLIER COUNT'Y, FLORIDA. (AGRICULTURAL GROUP 1 AND AGRICULTURAL GROUP 2 DELINEATION WITHIN STEWARDSHIP SENDING AREA 3) SHEET 5 OF 38 POINT NUMBER 173, POINT NUMBER 174, POINT NUMBER 175, POINT NUMBER 176, POINT NUMBER 177, POINT NUMBER 178, POINT NUMBER 179, POINT NUMBER 180, POINT NUMBER 181, POINT NUMBER 182, POINT NUMBER 183, POINT NUMBER 184, POINT NUMBER 185, POINT NUMBER 186, POINT NUMBER 187, POINT NUMBER 188, POINT NUMBER 189, POINT NUMBER 190 POINT NUMBER 191 POINT NUMBER 192 POINT NUMBER 193 POINT NUMBER 194 POINT NUMBER 195 POINT NUMBER 196 POINT NUMBER 197 POINT NUMBER 198 POINT NUMBER 199 POINT NUMBER 200 POINT NUMBER 201 POINT NUMBER 202, POINT NUMBER 203, POINT NUMBER 204, POINT NUMBER 205, POINT NUMBER 206, POINT NUMBER 207, POINT NUMBER 208, POINT NUMBER 209, POINT NUMBER 210, POINT'NUMBER 211, POINT NUMBER 212, POINT NUMBER 213 POINT NUMBER 214 POINT NUMBER 215 NORTHING 760184.06 NORTHING 760225.93 NORTHING 760243.18 NORTHING 760271.87 NORTHING 760299.81 NORTHING 760339.18 NORTHING 760352.31. NORTHING 760376.06 NORTHING 760417.12, NORTHING 760440.06, NORTHING 760441.75, NORTHING 760456.50 NORTHING 760481.12 NORTHING 760533.62 NORTHING 760561.50 NORTHING 760585.31 NORTHING 760613.18 NORTHING 760630.43 NORTHING 760674.75 NORTHING 760720.68 NORTHING 760774.00 NORTHING 760826.56, NORTHING 760870.81, NORTHING 760894.62, NORTHING 760896.25, NORTHING 760905.31~ NORTHING 760990.62. NORTHING 761043.93 NORTHING 761096.50 NORTHING 761147.37 NORTHING 761187.56 NORTHING 761197.37 NORTHING 761246.62 NORTHING 761295.87 NORTHING 761354.12 NORTHING 761388.56 NORTHING 761395.93 NORTHING 761395.93 NORTHING 761423.00 NORTHING 761457.50 NORTHING 761493.56 NORTHING 761532.12 NORTHING 761574.00 EASTING 553131.94 FASTING 553104.87 FASTING 553093.69 EASTING 553061.69 FASTING 553028181 EASTING 552994.00 EASTING 552983.75 FASTING 552965.62 EASTING 552931.75 EASTING 552900.56 fASTING 552896.06 FASTING 552854.31 EASTING 552855.56 EASTING 552863.37 EASTING 552871.44 FASTING 552878.44 fASTING 552896.06 FASTING 552906.81 EASTING 552938.12 EASTING 552966.25 EASTING 552976.56 EASTING 552970.94 EASTING 552938.75 fASTING 552896.06 EASTING 552892.87 EASTING 552838.62 FASTING 552847.56 EASTING 552855.69 EASTING 552852.81 EASTING 552835.56 EASTING 552819.56 FASTING 552815.69 EASTtNG 552794.44 fASTING 552772.69 FASTING 552842.44 EASTING 552690.25 EASTING 552896.06 EASTING 552900.56 EASTING 552938.62 EASTING 552985.31 FASTING 553027.75 EASTING 553063.56 EASTING 553090.12 POINT NUMBER 216 POINT NUMBER 217 POINT NUMBER 218 POINT NUMBER 219 POINT NUMBER 220 NORTHING 761619.93 NORTHING 761669.18 NORTHING 761719.25, NORTHING 761770.12, NORTHING 761820.93, EASTING 553104.87 EASTtNG 553111.06 EASTING 553114.94 EASTING 553116.87 EASTING 553117.19 BCI/BCP SSA 3 STEWARDSHIP EASEMENT AGREEMENT EXHIBIT "D" GIS MAPPING DECRIPTtON Offices strategically located to serve our clients 800.649.4336 Naples/Co.orate Office 3200 Ba//ey Lane, Su/te 200 o Nap/es, F/or/da 34105 · 239.$49. 4040 e Fax 239.6435715 wilsonmiller, corn NAR 2 3 200. W ls nMiller · New D/factions In Planning, Design.& Engineenng J17/2oo~ 132599 ve~ ot!- BSTOCKHAM DESCRIPTION OF LANDS LYING WITHIN SECTIONS 33, 34, 35, AND 36, TOWNSHIP 46 SOUTH, RANGE 30 EAST AND SECTIONS 1, 2, 3 AND 4, TOWNSHIP 47 SOUTH, RANGE 30 EAST, COLLIER COUNq"Y, FLORID~ (AGRICULTURAL GROUP 1 AND AGRICULTURAL GROUP 2 DELINEATION WITHIN STEWARDSHIP SENDING AREA 3) SHEET 6 OF 38 POINT NUMBER 221, POINT NUMBER 222, POINT NUMBER 223, POINT NUMBER 224, POINT NUMBER 225, POINT NUMBER 226, POINT NUMBER 227, POINT NUMBER 228, POINT NUMBER 229, POINT NUMBER 230, NORTHING 761872.68, EASTING NORTHING 761925.18, EASTING NORTHING 761978.50, EASTING NORTHING 762031.81, FASTING NORTHING 762085.18, EASTING NORTHING 762139.31, F-ASTING NORTHING 762193.50, EASTING NORTHING 762247.62, EASTING NORTHING 762301.75, FASTING NORTHING 762356.75, FASTING 553115.87 553113.19 553109.19 553104.87 553097.81 553090.81 553083.06 553074.62 553065.69 553056.50 POINT NUMBER 231, NORTHING 762411.75 POINT NUMBER 232, NORTHING 762466.68 POINT NUMBER 233, NORTHING 762520.87 POINT NUMBER 234, NORTHING 762575.81 POINT NUMBER 235, NORTHING 762630.00 POINT NUMBER 236, NORTHING 762648.81 POINT NUMBER 237, NORTHING 762684.93 POINT NUMBER 238, NORTHING 762739.12 POINT NUMBER 239, NORTHING 762776.00 POINT NUMBER 240, NORTHING 762792.43 POINT NUMBER 241, NORTHING 762845.75 POINT NUMBER 242, NORTHING 762900.75, POINT NUMBER 243, NORTHING 763066.43, POINT NUMBER 244, NORTHING 763387.25, POINT NUMBER 245, NORTHING 763484.12, POINT NUMBER 246, NORTHING 763572.68, POINT NUMBER 247, NORTHING 763578.43, POINT NUMBER 248, NORTHING 763578.43, POINT NUMBER 249, NORTHING 763594.87, EASTING 553047.12 FASTING 553037.69 FASTING 553028.37 EASTING 553019.25 EASTING 553010.44 EASTING 553007.69 FASTING 553002.25 FASTING 552994.56 FASTING 552989.69 FASTING 552987.69 FASTING 552981.81 EASTING 552973.12 EASTING 552946.81 EASTING 552896.06 EASTING 552880.81 EASTING 552866.75 EASTING 552371.50 EASTING 552352.69 FASTING 552279.37 POINT NUMBER 250, NORTHING 763611.25, POINT NUMBER251, NORTHING 763623.56, POINT NUMBER 252, POINT NUMBER 253, POINT NUMBER 254, POINT NUMBER 255, POINT NUMBER 256, POINT NUMBER 257, POINT NUMBER 258, POINT NUMBER 259, POINT NUMBER 260, POINT NUMBER 261, POINT NUMBER 262, POINT NUMBER 263, POINT NUMBER 264, EASTING 552269.75 FASTING 552262.37 NORTHING 763662.93, EASTING 552194.69 NORTHING 763651.50, FASTING 552121.25 NORTHING 763612.06, EASTING 552076.00 NORTHING 763600.62, EASTING 552061.00 NORTHING 763572.68, FASTING 552025.12 NORTHING 763572.68, FASTING 551851.31 NORTHING 763572.68, EASTING 551302.19 NORTHING 763484.12, EASTING 551303.69 NORTHING 763025.43, FASTING 551311.94 NORTHING 762638.18, FASTING 551318.81 NORTHING 762022.81, EASTING 551329.69 NORTHING 761985.87, EASTING 551330.25 NORTHING 761975.25, FASTING 551342.50 POINT NUMBER 265, NORTHING 761955.50, FASTING 551392.44 POINT NUMBER 266, NORTHING 761958.81, EASTING 551446.37 POINT NUMBER 267, NORTHING 761968.62, EASTING 551499.69 POINT NUMBER 268, NORTHING 761984.25, FASTING 551551.31 ; BCI/BCP SSA 3 STE-VVARDSHIP EASEMENT AGREEMENT EXHIBIT "D' GIS MAPPING DECRIPTJON Offices strategically located to serve our clients 800.649.4336 Naple$/Corpo_rate Office 3200 Bailey Lane, Suite 200 · Nap/es, F/or/da 34105 · 239.649.4040. Fax 239.643.5~ wi/$onmi//er, corn Wil$onMiller. I/lc. __ FL Lic.t LC-CO00170 2004' WilsdnMilleF New Directions In Planning, Design & Engineering DESCRIPTION OF LANDS LYING WITHIN SECTIONS 33, 34, 35, AND 36, TOWNSHIP 46 SOUTH, RANGE 30 EAST AND SECTIONS 1.2, 3 AND 4, TOWNSHIP 47 SOUTH, RANGE 30 EAST, COLLIER COUNTY, FLORIDA. (AGRICULTURAL GROUP 1 AND AGRICULTURAL GROUP 2 DELINEATION WITHIN STEWARDSHIP SENDING AREA 3) SHEET 7 OF 38 POINT NUMBER 269, POINT NUMBER 270, POINT NUMBER 271, POINT NUMBER 272, POINT NUMBER 273, POINT NUMBER 274, POINT NUMBER 275, POINT NUMBER 276, POINT NUMBER 277, POINT NUMBER 278, POINT NUMBER 279, POINT NUMBER 280, POINT NUMBER 281 POINT NUMBER 282 POINT NUMBER 283 POINT NUMBER 284 POINT NUMBER 285 POINT NUMBER 286 POINT NUMBER 287 POINT NUMBER 288 POINT NUMBER 289 POINT NUMBER 290 POINT NUMBER 291 POINT NUMBER 292 POINT NUMBER 293 POINT NUMBER 294 POINT NUMBER 295 POINT NUMBER 296 POINT NUMBER 297 POINT NUMBER 298 POINT NUMBER 299 POINT NUMBER 300 POINT NUMBER 301 POINT NUMBER 302 POINT NUMBER 303 POINT NUMBER 304 POINT NUMBER 305 POINT NUMBER 306 POINT NUMBER 307 POINT NUMBER 308, POINT NUMBER 309, POINT NUMBER 310, POINT NUMBER 311, POINT NUMBER 312, POINT NUMBER 313, POINT NUMBER 314, POINT NUMBER 315, POINT NUMBER 316, NORTHING 762003.93 NORTHING 762022.81 NORTHING 762028.56 NORTHING 762031.00 NORTHING 762068.75 NORTHING 762112.25 NORTHING 762157.37 NORTHING 762203.31 NOI~THING 762231.18, NORTHING 762249.25, NORTHING 762296.00, NORTHING 762342.81, NORTHING 762388.75, NORTHING 762433.06, NORTHING 762440.43, NORTHING 762475.68, NORTHING 762515.12, NORTHING 762537.25, NORTHING 762543.81 NORTHING 762547.93 NORTHING 762561.06 NORTHING 762588.93 NORTHING 762643.12 NORTHING 762648.81 NORTHING 762698.87 NORTHING 762742.37 NORTHING 762753.87 NORTHING 762751.37 NORTHING 762735.81 NORTHING 762700.50 NORTHING 762675.12 NORTHING 762664.43, NORTHING 762648.81 NORTHING 762634.06 NORTHING 762584.00 r~ORTHING 762532.31 NORTHING 762479.00 NORTHING 762425.68 NORTHING 762373.12 NORTHING 762320.62 NORTHING 762267.31 NORTHING 762213.18 NORTHING 762159.81 NORTHING 762106.50, NORTHING 762052.37, NORTHING 761997.37, NORTHING 761948.12, NORTHING 761900.56, EASTING 551601.25 EASTING 551633.56 EASTING 551643.37 EASTING 551647.62 EASTING 551685.25 EASTING 551717.56 EASTING 551746.06 EASTING 551773.75 FASTING 551790,19 EASTING 551800.75 EASTING 551827.31 EASTING 551852.19 FASTING 551881.62 EASTING 551911.69 EASTI N G 551917,44 EASTING 551944.81 EASTING 551981.87 EASTING 552028.81 EASTING 552061.00 EASTING 552082.37 EASTING 552137.31 EASTING 552177.25 EASTING 552188.19 EASTING 552189.44 EASTING 552200.62 EASTING 552224,69 EASTING 552278.06 EASTING 552332,94 FASTING 552384.19 EASTING 552425.44 EASTING 552472.00 EASTING 552526.56 EASTING 552546.62 EASTING 552565.75 EASTING 552589.75 EASTING 552604.62 EASTING 552612.37 EASTING 552621.94 EASTING 552633.12 EASTING 552640.81 FASTING 552645,62 EASTING 552647,06 EASTING 552646,87 EASTING 552647,37 EASTING 552647.44 FASTING 552650.12 EASTING 552637.94 EASTING 552577.19 ~/17t2004-132599 Vet: 01[- BSTOCKHAM CA,Z3 03766-000-000- - 0 BCI/BCP SSA 3 STEWARDSHIP EASEMENT AGREEMENT EXHIBIT "D" GIS MAPPING DECRIPTION Offices strategically located to serve our clients 800.649.4336 Nap/es/Corp_orate Office 3200 Bailey Lane, Suite 200, Nap/es, F/or/da 34105 · 239.649.4040 ~ Fax 239.643.571 wi/sonmi//er, corn WilsonMiller, lnc. -- FL LI'c.,~ LC-CO00t70 W l nMilleF New Directions In Planning, Design & Enginee/~ng DESCRIPTION OF LANDS LYING WITHIN SECTIONS 33, 34, 35, AND 36, TOWNSHIP 46 SOUTH, RANGE 30 EAST AND SECTIONS 1, 2, 3 AND 4, TOWNSHIP ¢7 SOUTH. RANGE 30 EAST, COLLIER COUNTY, FLORIDA. (AGRICULTURAL GROUP 1 AND AGRICULTURAL GROUP 2 DELINEATION WITHIN STEWARDSHIP SENDING AREA 3) SHEET 8 OF 38 POINT NUMBER 317, POINT NUMBER 318, POINT NUMBER 319, POINT NUMBER 320, POINT NUMBER 321, POINT NUMBER 322, POINT NUMBER 323, POINT NUMBER 324, POINT NUMBER 325, POINT NUMBER 326, POINT NUMBER 327, POINT NUMBER 328, POINT NUMBER 329, POINT NUMBER 330, TO AS POINT "A-l" POINT NUMBER 331, POINT NUMBER 332, POINT NUMBER 333, POINT NUMBER 334, POINT NUMBER 335, POINT NUMBER 336, POINT NUMBER 337, POINT NUMBER 338 POINT NUMBER 339 POINT NUMBER 340 POINT NUMBER 341 POINT NUMBER 342 POINT NUMBER 343 POINT NUMBER 344 POINT NUMBER 345 POINT NUMBER 346 POINT NUMBER 347 POINT NUMBER 348. POINT NUMBER 349, POINT NUMBER 350, POINT NUMBER 351, POINT NUMBER 352, POINT NUMBER 353, POINT NUMBER 354, POINT NUMBER 355, POINT NUMBER 356, POINT NUMBER 357, POINT NUMBER 358, POINT NUMBER 359, POINT NUMBER 360, POINT NUMBER 361, POINT NUMBER 362, POINT NUMBER 363, ~17/2004-132599 Vet: 01!- BSTOCKHAM 03786-000-000-. 0 NORTHING 761955.50, NORTHING 761983.43, NORTHING 761983.43, NORTHING 761983.43, NORTHING 761844.75, NORTHING 761784.06, NORTHING 761673.25, NORTHING 761605.18, NORTHING 761590.43, NORTHING 761535.43, NORTHING 761491.12, NORTHING 761452.56, NORTHING 761396.75, NORTHING 761336.06, NORTHING 761236.75 NORTHING 761115.37 NORTHING 760987.37 NORTHING 760978.31 NORTHING 760882.31 NORTHING 760833.93 NORTHING 760769.93 NORTHING 760730.56 NORTHING 760561.50 NORTHING 760352.31 NORTHING 760143.87, NORTHING 759934.68, NORTHING 759934.68, NORTHING 759726.25, NORTHING 759726.25. NORTHING 759448.93 NORTHING 759308.62 NORTHING 759308.62 NORTHING 759398.06 NORTHING 759517.06 NORTHING 759517.06 NORTHING 759439.93 NORTHING 759435.81 NORTHING 759407.06 NORTHING 759382.50, NORTHING 759356.25, NORTHING 759332.43, NORTHING 759308.62, NORTHING 759261.06, NORTHING 759234.81, NORTHING 759215.12, NORTHING 759206.87, NORTHING 759159.31, EASTING 552571.44 EASTING 552521.75 FASTING 552478.56 FASTING 552455.37 EASTING 552394.44 EASTING 552416.62 EASTING 552416.62 EASTING 552402.94 EASTING 552400.00 FASTING 552416.62 FASTING 552444.31 EASTING 552444.31 EASTING 552411.06 FASTING 552405.50 FASTING 552411.06 EASTING 552433.19 EASTING 552444.31 EASTING 552446.25 EASTING 552466.44 EASTING 552478.56 FASTING 552478.56 FASTING 552478.56 FASTING 552478.56 EASTING 552478.56 EASTING 552478.56 FASTING 552478.56 FASTING 552687.37 FASTING 552687.37 FASTING 552896.06 FASTING 552896.06 FASTING 552896.06 FASTING 552687.37 EASTING 552687.37 FASTI N.G 552687.37 FASTING 552478.56 FASTING 552478.56 FASTING 552478.56 EASTING 552537.44 FASTING 552561.94 EASTING 552577.44 EASTING 552581.62 EASTING 552591.25 EASTING 552610.06 EASTING 552655.87 EASTING 552687.37 EASTING 552701.12 EASTING 552726.25 BCI/BCP SSA 3 STEWARDSHIP EASEMENT AGREEMENT EXHIBIT "D" GIS MAPPING DECRIPTION SAID POINT HEREINAFTER REFERRED Offices strategically located to serve our c/lents 800. 649.4336 Naples/Corporate Office 3200 Bailey Lane, Suite 200 · Nap/es, F/or/da 34105 ~ 239.649. 4040 · Fax 239.643.5; wl lsonm lller, corn WIIsonMfller, lnc. -- FL Lic./ LC-CO00170 l nMilleK New Directions In Planning7, Desfgn & Engineering DESCRIPTION OF LANDS LYING WITHIN SECTIONS 33, 34, 35, AND 36, TOWNSHIP 46 SOUTH, RANGE 30 EAST AND SECTIONS 1, 2.3 AND 4, TOWNSHIP 47 SOUTH, RANGE 30 FAST, COLLIER COUNT~¢, FLORIDA. (AGRICULTURAL GROUP 1 AND AGRICULTURAL GROUP 2 DELINEATION WITHIN STEWARDSHIP SENDING AREA 3) SHEET 9 OF 38 POINT NUMBER 364 POINT NUMBER 365 POINT NUMBER 366 POINT NUMBER 367 POINT NUMBER 368 POINT NUMBER 369 POINT NUMBER 370 POINT NUMBER 371 POINT NUMBER 372. POINT NUMBER 373 POINT NUMBER 374 POINT NUMBER 375 POINT NUMBER 376 POINT NUMBER 377 POINT NUMBER 378 POINT NUMBER 379 POINT NUMBER 380 POINT NUMBER 381 POINT NUMBER 382 POINT NUMBER 383 POINT NUMBER 384 POINT NUMBER 385 POINT NUMBER 386 POINT NUMBER 387 POINT NUMBER 388 POINT NUMBER 389 POINT NUMBER 390 POINT NUMBER 391 POINT NUMBER 392 POINT NUMBER 393, POINT NUMBER 394, POINT NUMBER 395, POINT NUMBER 396, POINT NUMBER 397, POINT NUMBER 398, POINT NUMBER 399, POINT NUMBER 400, POINT NUMBER 401, POINT NUMBER 402, POINT NUMBER 403 POINT NUMBFR 404 POINT NUMBER 405 POINT NUMBER 406 POINT NUMBER 407 POINT NUMBER 408 POINT NUMBER 409 POINT NUMBER 410 POINT NUMBER 411 NORTHING NORTHING NORTHING NORTHING NORTHING NORTHING NORTHING NORTHING NORTHING NORTHING NORTHING NORTHING NORTHING NORTHING NORTHING NORTHING NORTHING NORTHING NORTHING NORTHING NORTHING NORTHING NORTHING NORTHING NORTHING NORTHING NORTHING NORTHING NORTHING NORTHING NORTHING NORTHING NORTHING NORTHING NORTHING NORTHING NORTHING NORTHING NORTHING NORTHING NORTHING NORTHING NORTHING NORTHING NORTHING NORTHING NORTHING NORTHING ~.~ '- Z/17/2004- 132599 Vet: 01!- E~STOCKHAM 03786-000-000~ . 0 759009.12 758952.56 758902.50 758890.18 758877.06 758867.18 758863.93 758853.25. 758836.87. 758822.06 758799.12 758757.25 758722.81 758692.43 758681.75 758675.18 758671.93 758651.43 758580.87 758558.68 758538.18 758534.06 758541.50 758560.37 758608.75 758681.75 758793.37 758797.43 758804.87 759222.50 759273.37 759303.68 759308.62 759329.93 759393.93, 759517.06, 759583.50, 759701.62, 759726.25, 759728.75, 759732.00, 759736.12, 759751.68, 759766.43; 759773.O0, 759790.25, 759803.37, 759851.00, EASTING 552765.81 EASTING 552772.19 EASTING 552776.50 EASTING 552745.44 EASTING 552703.87 EASTING 552646.87 EASTING 552606.12 EASTING 552575.56 EASTING 552555.69 EASTING 552545.12 EASTING 552541.12 EASTING 552534.44 EASTING 552528.69 EASTING 552514.56 EASTING 552498.62 EASTING 552476.06 EASTING 552456.06 EASTING 552349.00 EASTING 551928.50 EASTING 551842.75 EASTING 551765.62 EASTING 551732.44 EASTI N G 551718.44 EASTING 551699.87 EASTING 551683.69 EASTING 551664.44 EASTING 551643.37 EASTING 551642.56 EASTING 551641.12 EASTING 551562.50 EASTING 551534.19 EASTING 551491.69 EASTING 551487.50 EASTING 551468.75 FASTING 551459.94 EASTING 551459.94 EASTING 551459.94 FASTING 551475.81 EASTING 551444.12 EASTING 551435.69 EASTING 551427.62 EASTING 551422.37 EASTING 551398.50 EASTING 551382.81 EASTING 551375.69 EASTI NG 551368.50 EASTING 551362.81 EASTING 551353.06 BC1/BCP SSA 3 STEWARDSHIP EASEMENT AGREEMENT EXHIBIT "D" GIS MAPPING DECRIPTION Offices strategically located to serve our c/lents 800.649.4336 Nap/es/Corporate Office 3200 Bailey Lane, Suite 200 o Naples, F/or/da 34105 · 239.649. 4040 · Fax 239.643.5; wilsonmi//er, com W*ds nMiller® New Directions In P/arming. Desicn & En¢ineer/~g DESCRIPTION OF LANDS LYING WITHIN SECTIONS 33, 34, 35, AND 36, TOWNSHIP 46 SOUTH, RANGE 30 EAST AND SECTIONS 1, 2, 3 AND 4, TOWNSHIP 47 SOUTH, RANGE 30 EAST, COLLIER COUNTY, FLORIDA. (AGRICULTURAL GROUP 1 AND AGRICULTURAL GROUP 2 DELINEATION WITHIN STEWARDSHIP SENDING AREA 3) SHEET 10 OF 38 POINT NUMBER 412, POINT NUMBER 413, POINT NUMBER 414, POINT NUMBER 415, POINT NUMBER 416, NORTHING 759869.00, NORTHING 759904.31, NORTHING 759889.56, NORTHING 759934.68, NORTHING 759944.50, POINT NUMBER 417, NORTHING 760024.12, POINT NUMBER 418, NORTHING 760061.81, POINT NUMBER 419, NORTHING 760078.25, POINT NUMBER 420, NORTHING 760039.68, POINT NUMBER 421, NORTHING POINT NUMBER 422, NORTHING POINT NUMBER 423, NORTHING POINT NUMBER 424, NORTHING POINT NUMBER 425, NORTHING POINT NUMBER 426, NORTHING POINT NUMBER 427, NORTHING POINT NUMBER 428, NORTHING POINT NUMBER 429 NORTHING POINT NUMBER 430 NORTHING POINT NUMBER 431 POINT NUMBER 432 POINT NUMBER 433 POINT NUMBER 434 POINT NUMBER 435 NORTHING POINT NUMBER 436 NORTHING POINT NUMBER 437 NORTHING POINT NUMBER 438 NORTHING POINT NUMBER 439, NORTHING POINT NUMBER 440, NORTHING POINT NUMBER 441, NORTHING POINT NUMBER 442, NORTHING POINT NUMBER 443; NORTHING POINT NUMBER 444, NORTHING POINT NUMBER 445, POINT NUMBER 446, POINT NUMBER 447, POINT NUMBER 448, POINT NUMBER 449, POINT NUMBER 450, POINT NUMBER 451 POINT NUMBER 452, POINT NUMBER 453, POINT NUMBER 454, POINT NUMBER 455, POINT NUMBER 456, POINT NUMBER 457, POINT NUMBER 458, POINT NUMBER 459, EASTING 551350.06 EASTtNG 551344.12 EASTiNG 550967.44 EASTING 550844.62 EASTiNG 550817.87 EASTING 550599.50 759995.37, 759979.81, 759964.18, 759950.25, 759934.68, 759923.18, 759910.87, 759900.18, 759890.37, 759882.12, EASTING NORTHING 759874.75, EASTING NORTHING 759869.00, EASTING NORTHING 759865.75, EASTING NORTHING 759863.31, EASTING 759864.12, EASTING 759865.75, EASTING 759870.68, EASTING 759877.25, EASTING 759889.56, EASTING 759899.37, EASTING 759912.50, EASTtNG 759934.68, EASTING 759943.68, EASTING 759982.25, EASTING ~17/2804- 132599 Vet- 01!- BSTOCKHAM 03786>000-000.. 0 NORTHING 760026.56, EASTING NORTHING 760073.31, EASTING NORTHING 760121.75 EASTING NORTHING 760126.68 EASTING NORTHING 760143.87 EASTING NORTHING 760169.31 EASTING , NORTHING 760215.25 EASTING NORTHING 760256.31 EASTING NORTFtlNG 760308.81 EASTING NORTHING 760352.31 EASTING NORTHING 760360.50 EASTING NORTHING 760404.00. EASTING NORTHING 760421,18, EASTING NORTHING 760424.50, EASTING NORTHING 760443.37, EASTING EASTING 550496.56 EASTING 550453.06 EASTING 550390.69 EASTING 550319.31 EASTING 550267.00 EASTfNG 550214.19 EASTi N G 550160.69 EASTING 550106.44 EASTING 550051.62 EASTING 549996.44 EASTING 549941.19 EASTING 549885.81 549830.50 549775.56 549721.06 549667.06 549613.94 549561.62 549510.31 549460.25 549411.56 549365.19 549346.87 549322.56 549294.31 549282.87 549245.62 549210.12 549175.69 549141.75 549138.06 549125.81 549107.69 549072.69 549036.37 549053,62 549068.37 549071.19 549097.31 549138.06 549146.12 549198.25 BCI/BCP SSA 3 STEWARDSHIP EASEMENT AGREEMENT EXHIBIT "D" GIS MAPPING DECRIPTION Offices strategically located to ser~,e our clients 800.649.4336 Nap/es/Corporate Office 3200 Bailey Lane, Suite 200 · Nap/es, F/or/da 34105. 239,649.4040 · Fax 239.643.5716 wi/sonrni//er, corn NAR' 2 3 Wil nMiller® New Directions In Planning, Design & Engineerfng DESCRIPTION OF LANDS LYING WITHIN SECTIONS 33, 34, 35, AND 36, TOWNSHIP 46 SOUTH, RANGE 30 EAST AND SECTIONS 1, 2, 3 AND 4, TOWNSHIP 47 SOUTH, RANGE 30 EAST. COLLIER COUNTY. FLORIDA. (AGRICULTURAL GROUP 1 AND AGRICULTURAL GROUP 2 DELINEATION WITHIN STEWARDSHIP SENDING AREA 3) SHEET 11 OF 38 POINT NUMBER 460 POINT NUMBER 461 POINT NUMBER 462 POINT NUMBER 463 POINT NUMBER 464 POINT NUMBER 465 POINT NUMBER 466 POINT NUMBER 467 POINT NUMBER 468 POINT NUMBER 469 POINT NUMBER 470, POINT NUMBER 471, POINT NUMBER 472, POINT NUMBER 473 POINT NUMBER 474 POINT NUMBER 475 POINT NUMBER 476, POINT NUMBER 477, POINT NUMBER 478, POINT NUMBER 479, POINT NUMBER 480, POINT NUMBER 481, POINT NUMBER 482, POINT NUMBER 483, POINT NUMBER 484, POINT NUMBER 485, POINT NUMBER 486, POINT NUMBER 487, POINT NUMBER 488, POINT NUMBER 489, POINT NUMBER 490, POINT NUMBER 491, POINT NUMBER 492, POINT NUMBER 493, POINT NUMBER 494, POINT NUMBER 495, POINT NUMBER 496, POINT NUMBER 497 POINT NUMBER 498 POINT NUMBER 499 POINT NUMBER 500 POINT NUMBER 501 POINT NUMBER 502 POINT NUMBER 503 POINT NUMBER 504 POINT NUMBER 505 POINT NUMBER 506 POINT NUMBER 507 NORTHING NORTHING NORTHING NORTHING NORTHING NORTHING NORTHING NORTHING NORTHING NORTHING NORTHING NORTHING NORTHING NORTHING NORTHING NORTHING NORTHING NORTHING NORTHING NORTHING NORTHING NORTHtNG NORTHING NORTHING NORTHING NORTHING NORTHING NORTHING NORTHING NORTHING NORTHING NORTHING NORTHING NORTHING NORTHING NORTHING NORTHING NORTHING NORTHING NORTHING NORTHING NORTHING NORTHING NORTHING NORTHING NORTHING NORTHING NORTHING ?J17/~004-132599 Vet: O1!~ BSTOCKHAM 03786-0OO-0OO- - 0 760467.18, 760487.68, 760501.62, 760522.12, 760561.50, 760615.68, 760672.31. 760723.12 760771.56 760774.00 760785.50 760826.56 760879.87 760933.18 760985.68 761038.25 761090.75 761142.43 761194.93 761294.18 761347.56 761395.93 761400.87 761454.18 761495.25 761506.75 761558.43 761608.43 761648.68 761683.12 761707.75 761708.56 761696.25 761682.31 761668.37 761656.87 761656.06 761670.00 761681.50 761718.43 761760.25 761805.37 761813.56 761850.50 761889.06 761898.93 761916.12 761921.87 EASTING 549246.25 EASTING 549296.87 EASTING 549356.31 EASTING 549403.75 EASTING 549417.44 FASTING 549403.37 EASTING 549382.94 EASTING 549366.87 EASTING 549348.87 EASTING 549346.87 EASTING 549346.87 EASTING 549337.94 EASTING 549331.87 EASTING 549325.31 EASTING 549316.00 EASTING 549305.75 EASTING 549294.44 EASTING 549281.00 EASTING 549267.75 EASTING 549256.31 EASTING 549246.87 EASTING 549239.06 EASTING 549238.25 EASTING 549229.44 EASTING 549221.75 EASTING 549219.56 EASTING 549207.69 EASTING 549189.12 EASTING 549152.37 EASTING 549109.50 EASTING 549062.06 EASTING 549010.62 EASTING 548956.50 EASTtNG 548904.37 EASTING 548852.69 EASTiNG 548798.69 EASTING 548746.37 EASTING 548720.50 EASTING 548699.25 EASTING 548659.00 EASTING 548626.06 EASTING 548596.00 FASTING 548590.69 EASTING 548566.75 EASTING 548528.19 EASTING 548511.69 EASTING 548483.31 EASTING 548430.06 BCI/BCP SSA 3 STEWARDSHIP EASEMENT AGREEMENT EXHIBIT "D" GIS MAPPING DECRIPTION Offices strategically located to serve our clients 800.649.4336 Naples/Corporate Office 3200 Bailey Lane, Suite 200 e Nap/es, F/or/da 34105 · 239.649.4040 ~ Fax 239.643.5716 wi/sonrni//er, con? MAR 2 3 200, WilsdnMiller® New Direction~ in Planning, D~$ign~ & Engineeriqg DESCRIPTION OF LANDS LYING WITHIN SECTIONS 33, 34, 35, AND 36, TOWNSHIP 46 SOUTH, RANGE 30 EAST AND SECTIONS 1, 2, 3 AND 4, TOWNSHIP 47 SOUTH, RANGE 30 EAST, COLLIER COUNTY, FLORIDA. (AGRICULTURAL GROUP 1 AND AGRICULTURAL GROUP 2 DELINEATION WITHIN STEWARDSHIP SENDING AREA 3) SHEET 12 OF 38 POINT NUMBER 508 POINT NUMBER 509 POINT NUMBER 510 POINT NUMBER 511 POINT NUMBER 512 POINT NUMBER 513 POINT NUMBER 514 POINT NUMBER 515 POINT NUMBER 516 POINT NUMBER 517 POINT NUMBER 518 POINT NUMBER 519 POINT NUMBER 520, POINT NUMBER 521 POINT NUMBER 522 POINT NUMBER 523 POINT NUMBER 524. POINT NUMBER 525 POINT NUMBER 526 POINT NUMBER 527 POINT NUMBER 528 POINT NUMBER 529 POINT NUMBER 530 POINT NUMBER 531 POINT NUMBER 532 POINT NUMBER 533 POINT NUMBER 534 POINT NUMBER 535 POINT NUMBER 536 POINT NUMBER 537 POINT NUMBER 538 POINT NUMBER 539 POINT NUMBER 540 POINT NUMBER 541 NORTHING 761924,37 NORTHING 761926.81 NORTHING 761919.43 , NORTHING 761864.43 NORTHING 761843.93 NORTHING 761836.56 NORTHING 761813.56 NORTHING 761775.81 NORTHING 761753.68 NORTHING 761729.06 NORTHING 761725.81 NORTHING 761712.68 NORTHING 761718.43 NORTHING 761720.06 NORTHING 761720.06, NORTHING 761726.62 NORTHING 761781.56 NORTHING 761813.56 NORTHING 761920.25 NORTHING 762026.06 NORTHING 762054.81 NORTHING 762095,00 NORTHING 762095.00 NORTHING 762150.81 NORTHING 762258.31 NORTHING 762354.31 NORTHING 762440.43 NORTHING 762470.81 NORTHING 762571.68 NORTHING 762648.81 NORTHING 762648.81 NORTHING 763066.43, NORTHING 763468.50, NORTHING 763484.12, EASTING 548375.81 EASTING 548336.94 EASTING 548340.19 EASTING 548340.19 EASTING 548302.87 EASTING 548290.37 EASTING 548252.75 EASTING 548190.75 EASTING 548135.69 FASTING 548094.19 EASTING 548088.75 EASTING 548038.69 EASTING 547984.62 FASTING 547930.87 EASTING 547885.37 EASTING 547860.56 EASTING 547827.62 FASTING 547811.12 EASTING 547756.31 EASTING 547709.12 EASTING 547696.44 EASTING 547688.25 EASTING 547688.25 EASTING 547697.69 EASTING 547743.94 EASTING 547782.56 EASTING 547814.87 FASTING 547826.25 EASTING 547851.19 EASTING 547860.81 EASTING 547885.37 EASTING 547885.25 EASTING 547864.44 EASTING 547863.50 '~17/2004-132599 Ve~ 01i- BSTOCKHAM cA~43 03786~000-000- - 0 Naples/Co.prate Office 3200 Bailey Lane, Suite 200 · Naples, F/or/da 34105 · 239.649.4040. Fax 239.643.5716 wil$onmlller, corn POINT NUMBER 542 NORTHING 763562.87, EASTING 547859.00 THENCE NORTH 7°4'17'' EAST 9.14 FEET TO A POINT ON THE EAST-WEST ½ SECTION LINE OF SAID SECTION 33 (PER THE COLLIER SURVEY) (POINT NUMBER 543, NORTHING 763571.94, EASTING 547860.12); THENCE ALONG SAID ¼ SECTION LINE SOUTH 89°52'24' EAST 3418.95 FEET TO THE EAST ¼ CORNER OF SAID SECTION 33 (PER THE COLLIER SURVEY) (POINT NUMBER 544, NORTHING 763564.38, EASTING 551279.05); THENCE ALONG THE EAST LINE OF SAID SECTION 33 (PER THE COLLIER SURVEY) NORTH 01 °00'24" EAST 1312.28 FEET TO THE POINT OF BEGINNIN6 OF 8AID PARCEL "A' OF THE PARCEL HEREIN DESCRIBED (POINT NUMBER 2 NORTHING 764876.43, FASTING 551256.00); CONTAINING 473 ACRES MORE OR LESS (ACREAGE IS TOTAL LESS THE FOLLOWING 3 PARCELS). LESs THOSE LANDS DECRIBED AS FOLLOWS: COMMENCING AT SAID POINT "A-I" (POINT NUMBER 330) NORTHING 761336.06, EASTING 552405.50; BCI/BCP SSA 3 STEWARDSHIP EASEMENT AGREEMENT EXHIBIT "D" GIS MAPPING DECRIPTION Offices strategically located to serve our clients 8gg.649.4336 MAR 2 3 209 . J4ql nMiller® New Directions/n Planning, Design & Eng/neering DESCRIPTION OF LANDS LYING WITHIN SECT ONS 33, 34, 35, AND 36, TOWNSHIP 46 SOUTH, RANGE 30 EAST AND SECTIONS 1, 2, 3 AND 4, TOWNSHIP 47 SOUTH, RANGE 30 EAST, COLLIER COUNTY, FLORIDA. (AGRICULTURAL GROUP 1 AND AGRICULTURAL GROUP 2 DELINEATION WITHIN STEWARDSHIP SENDING AREA 3) SHEET 13 OF 38 THENCE SOUTH 51°02'38" WEST 394.15 FEET TO THE POINT OF BEGINNING (~'F PARCEL""A-I" OF THE PARCEL HEREIN DESCRIBED (POINT NUMBER 545) NORTHING 761088.25, EASTING 552099.0; THENCE LEAVING SAID LINE IN STRAIGHT LINE SEGMENTS THROUGH THE FOLLOWING VERTECES (POINT NUMBER 546 THROUGH POINT NUMBER 584 INCLUSIVE): POINT NUMBER 546, NORTHING 761052.18, EASTING 552138.50 POINT NUMBER 547, NORTHING 761010.31, EASTING 552171.62 NORTHING 760978.31, EASTING 552190.37 NORTHING 760963.56, EASTING 552199.12 NORTHING 760914.31, EASTING 552221.37 NORTHING 760862.62, EASTING 552236.93 NORTHING 760810.12, FASTING 552243.43 NORTHING 760756.00, EASTING 552239.12 NORTHING 761108.81, NORTHING 761162.12, POINT NUMBER 548, POINT NUMBER 549, POINT NUMBER 550, POINT NUMBER 551, POINT NUMBER 552, POINT NUMBER 553, POINT NUMBER 554, POINT NUMBER 555, POINT NUMBER 556, POINT NUMBER 557, POINT NUMBER 558, POINT NUMBER 559, POINT NUMBER 560, POINT NUMBER 561, POINT NUMBER 562, POINT NUMBER 563, POINT NUMBER 564, POINT NUMBER 565, POINT NUMBER 566, POINT NUMBER 567, POINT NUMBER 568, POINT NUMBER 569, POINT NUMBER 570, POINT NUMBER 571, POINT NUMBER 572, POINT NUMBER 573, POINT NUMBER 574, POINT NUMBER 575, TO AS POINT "A-2" POINT NUMBER 576, POINT NUMBER 577, POINT NUMBER 578, POINT NUMBER 579, POINT NUMBER 580, POINT NUMBER 581, NORTHING 760701.81, NORTHING 760654.25, NORTHING 760616.50, NORTHING 760591.06, NORTHING 760577.93, NORTHING 760596.81, NORTHING 760611.56, NORTHING 760632.87, NORTHING 760651.75, NORTHING 760669.00, NORTHING 760710.87, NORTHING 760752.68, NORTHING 760769.93, NORTHING 760797.00, NORTHING 760844.56, NORTHING 760895.43, NORTHING 760948.81, NORTHING 760948.81, NORTHING 761002.12, NORTHING 761055.43, EASTING EASTING EASTING EASTING 552232.06 EASTING 552211.62 EASTING 552172.06 EASTING 552124.12 EASTING 552071.93 EASTING 551973.06 EASTING 551920.25 .. ':" EASTING 551872.56 ~ EASTING 551852.12 EASTiNG 551833.81 EASTING 551798.68 EASTING 551764.68 EASTiNG 551752.68 EASTiNG 551733.81 EASTING 551709.37 EASTING 551691.62 EASTiNG 551684.68 EASTING 551684.68 EASTING 551685.06 551690.81 551700.12 551714.18 SAID POINT HEREINAFTER REFERRED NORTHING 761187.56, EASTING 551740.43 NORTHING 761198.18, EASTING 551751.56 NORTHING 761211.37, EASTING 551803.75 NORTHING 761203.12, EASTING 551856.87 NORTHING 761187.56, EASTING 551909.25 NORTHING 761169.50, EASTING 551959.75 POINT NUMBER 582, NORTHING 761146.50, EASTING 552008.56 POINT NUMBER 583, NORTHING 761119.43, EASTING 552054.81 POINT NUMBER 584, NORTHING 761115.37, EASTING 552060.93 THENCE SOUTH 54°31'29" EAST 46.74 FEET TO THE POINT OF BEGINNING OF PARCEL "A-I" OF THE PARCEL HEREIN DESCRIBED (POINT NUMBER 545) NORTHING 761088.25, EASTING 552099.00; CONTAINING 6 ACRES MORE OR LESS. BCI/BCP SSA 3 STEWARDSHIP EASEMENT AGREEMENT EXHIBIT "D" GIS MAPPING DECRIPTION 132599 Vet; 01!- BSTOCKHAM o378~oo~oo~.o Offices strategically located to serve our clients 800.849.4336 Nap/e$/Co~orate Office 3200 Ba//ey Lane, Su/te 200 · Nap/es, F/or/da 34105 o 239.$49.4040 o Fax 23£.643,5715 wil$onmiller, corn AGENDA ITEM MAR 2 3 WilspnMilleF New Directions In Planning, Design & Eng/needng DESCRIPTION OF LANDS LYING WITHIN SECTIONS 33, 34, 35, AND 36, TOWNSHIP 46 SOUTH, RANGE 30 EAST AND SECTIONS 1.2, 3 AND 4, TOWNSHIP 47 SOUTH, RANGE 30 EAST, COLLIER COUNTY, FLORIDA. (AGRICULTURAL GROUP 1 AND AGRICULTURAL GROUP 2 DELINEATION WITHIN STEWARDSHIP SENDING AREA 3) SHEET 14 OF 38 AND LESS THOSE LANDS DECRIBED AS FOLLOWS: COMMENCING AT SAID POINT "A-2" (POINT NUMBER 575) NORTHING 761162.12, EASTING 551714.18; THENCE NORTH 75°09'34" WEST 669.59 FEET TO THE POINT OF BEGINNING OF PARCEL "A-2" OF THE PARCEL HEREIN DESCRIBED (POINT NUMBER 585) NORTHING 761333.62, EASTING 551066.93; THENCE LEAVING SAID LINE IN STRAIGHT LINE SEGMENTS THROUGH THE FOLLOWING VERTECES (POINT NUMBER 586 THROUGH POINT NUMBER 604 INCLUSIVE): POINT NUMBER 586 NORTHING 761311.43 EASTING 551017.00 POINT NUMBER 587 NORTHING 761239.25 EASTING 550856.81 POINT NUMBER 588 NORTHING 761267.12 EASTING 550729.50 POINT NUMBER 589 NORTHING 761372.18 EASTING 550599.43 POINT NUMBER 590 NORTHING 761372.18 EASTING 550599.43 POINT NUMBER 591 NORTHING 761390.18 EASTING 550599.43 POINT NUMBER 592 NORTHING 761477.18 EASTING 550585.75 POINT NUMBER 593 NORTHING 761576.43 EASTING 550585.75 TO AS POINT "A-3" POINT NUMBER 594, NORTHING 761585.50, EASTING 550599.43 POINT NUMBER 595, NORTHING 761605.18, EASTING 550630.87 POINT NUMBER 596, NORTHING 761660.12, FASTING 550718.56 ..' ~ POINT NUMBER 597, NORTHING 761689.68, EASTING 550808.25 POINT NUMBER 598, NORTHING 761693.00, FASTING 550818.00 POINT NUMBER 599, NORTHING 761654.43, EASTING 550934.25 POINT NUMBER 600, NORTHING 761605.18, EASTING 550974.12 POINT NUMBER 601, NORTHING 761565.81, EASTING 551006.12 POINT NUMBER 602, NORTHING 761531.31, EASTING 551017.00 POINT NUMBER 603, NORTHING 761460.75, EASTING 551039.37 POINT NUMBER 604, NORTHING 761395.93, EASTING 551053.37 THENCE NORTH 12°16'45" WEST 63.77 FEET TO THE POINT OF BEGINNING OF PARCEL "A-2" OF THE PARCEL HEREIN DESCRIBED (POINT NUMBER 545) NORTHING 761088.25, EASTING 552099.00; CONTAINING 4 ACRES MORE OR LESS. SAI'D POINT HEREINAFTER REFERRED AND LESS THOSE LANDS DECRIBED AS FOLLOWS: COMMENCING AT SAID POINT "A-3' (POINT NUMBER 593) NORTHING 761576.43, EASTING 550585.75; THENCE NORTH 62°57'21' WEST 1156.73 FEET TQ THE POINT OF BEGINNING OF PARCEL "A-3" OF THE PARCEL HEREIN DESCRIBED (POINT NUMBER 605) NORTHING 762102.37, EASTING 549555.50; THENCE LI~AVING SAID LINE IN STRAIGHT LINE SEGMENTS THROUGH THE FOLLOWING VERTECES (POINT NUMBER 606 THROUGH POINT NUMBER 631 INCLUSIVE): POINT NUMBER 606 POINT NUMBER 607 POINT NUMBER 608 POINT NUMBER 609 POINT NUMBER 610 POINT NUMBER 611 POINT NUMBER 612 POINT NUMBER 613 POINT NUMBER 614 POINT NUMBER 615 POINT NUMBER 616 NORTHING 762074.50 NORTHING 762063.81 NORTHING 762058.06 NORTHING 762076.12 NORTHING 762147.50 NORTHING 762157.37 NORTH ING 762231.18 NORTHING 762235.31 NORTHING 762345.25 NORTHING 762345.25 NORTHING 762440.43 EASTING 549435.31 EASTING 549363.37 EASTING 549302.50 EASTING 549269.93 EASTI NG 549138,00 EASTING 549120.00 EASTi NG 549041.43 EASTI NG 549037.06 EASTI NG 549020.43 EASTI NG 549020.43 FASTING 549020.62 BCI/BCP SSA 3 STEWARDSHIP EASEMENT AGREEMENT EXHIBIT "D" GIS MAPPING DECRIPTtON ~?~20o~3z~99 V~O~-SSTOCK~AM Offices strategically located to serve our clients 800.649.4336 Naples/Corporate Office 3200 Ba//ey Lane, Su/te 200 e Nap/es, F/or/da 34105 o 239.649.4040 · Fzx 239.643.571 wilsonmiller, corn AGENDA ITEM MAR 2 3 20Cq J lsp/nMiller® New Directions In Planning, Design & Engineering DESCRIPTION OF LANDS LYING WITHIN SECT ONS 33, 34, 35, AND 36, TOWNSHIP 46 SOUTH, RANGE 30 EAST AND SECTIONS 1, 2, 3 AND 4, TOWNSHIP 47 SOUTH, RANGE 30 EAST, COLLIER COUNTY, FLORIDA. CAGRICULTURAL GROUP 1 AND AGRICULTURAL GROUP 2 DELINEATION WITHIN STEWARDSHIP SENDING AREA 3) SHEET 15 OF 38 POINT NUMBER 617, NORTHING 762547.93, EASTING 549048.56 "; POINT NUMBER 618, NORTHING 762588.93, F--.ASTING 549059.12 POINT NUMBER 619, NORTHING 762661.12, FASTING 549114.50 POINT NUMBER 620, NORTHING 762672.62, EASTING 549138.00 POINT NUMBER 621, NORTHING 762693.93, EASTING 549180.81 POINT NUMBER 622, NORTHING 762693.93, FASTING 549263.81 POINT NUMBER 623, NORTHING 762648.81, EASTING 549440.81 POINT NUMBER 624, NORTHING 762639.00, EASTING 549479.50 POINT NUMBER 625, NORTHING 762601.25, EASTiNG 549555.50 POINT NUMBER 626, NORTHING 762556.12, EASTING 549645.43 POINT NUMBER 627, NORTHING 762451.12, EASTING 549684.18 POINT NUMBER 628, NORTHING 762440.43, EASTING 549682.87 POINT NUMBER 629, NORTHING 762318.18, EASTING 549667.62 POINT NUMBER 630, NORTHING 762231.18, EASTING 549640.93 POINT NUMBER 631, NORTHING 762173.75, FASTING 549623.31 THENCE SOUTH 43°32'2" WEST 98.45 FEET TO THE POINT OF BEGINNING OF PACEL "A-3" OF THE PARCEL HEREIN DESCRIBED (POINT NUMBER 605) NORTHING 762102.37, EASTING 549555.50; CONTAINING 8 ACRES MORE OR LESS. PARCEL "A' CONTAINS 456 NET ACRES MORE OR LESS. ALSO INCLUDING THE FOLOWlNG DESCRIBED PARCEL: COMMENCING AT THE AFREMENTIONED POINT "A' (POINT NUMBER 40) NORTHING 763804.06, EASTING 553426.75; THENCE SOUTH 78°06'28'' EAST 1604.43 FEET TO THE POINT OF BEGINNING OF PARCEL "B" OF THE PARCEL HEREIN DESCRIBED (POINT NUMBER 632) NORTHING 763473.43, EASTING 554996.75; THENCE LEAVING SAID LINE IN STRAIGHT LINE SEGMENTS THROUGH THE FOLLOWING VERTECES (POINT NUMBER 633 THROUGH POINT NUMBER 763 INCLUSIVE): POINT NUMBER 633, NORTHING 763484.12, EASTING 555016.12 POINT NUMBER 634, NORTHING 763524.31, E. ASTING 555089.18 POINT NUMBER 635, NORTHING 763856.62, EASTING 555192.68 POINT NUMBER 636, NORTHING 763901.75, EASTING 555206.68 POINT NUMBER 637, POINT NUMBER 638, POINT NUMBER 639, POINT NUMBER 640, POINT NUMBER 641, POINT NUMBER 642, POINT NUMBER 643, POINT NUMBER 644, POINT NUMBER 645, POINT NUMBER 646, POINT NUMBER 647, POINT NUMBER 648, POINT NUMBER 649, POINT NUMBER 650, POINT NUMBER 651, POINT NUMBER 652, NORTHING 764164.31, NORTHING 764161.00, NORTHING 764131.43, NORTHING 764'107.68, NORTHING 763524.31 NORTHING 763508.68, NORTHING 763484.12, NORTHING 763245.31, NORTHING 762906.50, NORTHING 762740.75, NORTHING 762502.81, FASTING NORTHING 762465.87,.EASTING NORTHING 762471.62, EASTING NORTHING 762563.50, FASTING NORTHING 762643.12, FASTING NORTHING 762714.50, FASTING FASTING 555288.25 EASTING 555401.25 FASTING 556386.68 EASTING 556415.00 , FASTING 556438.25 EASTING 556445.31 FASTING 556456.50 EASTING 556565.43 FASTING 556634.68 FASTING 556651.31 556691.31 556699.06 556712.12 556770.56 556827.68 556890.06 BCI/BCP SSA 3 ' STEWARDSHIP EASEMENT AGREEMENT EXHIBIT "D" GIS MAPPING DECRIPTION ~/17/2004- 132599 Vel~ 01!- BSTOCKHAM ~ Offices strategically located to serve our clients 800.649.4336 G3786-O00-0OO.. 0 Naples/Corpgrate Office 3200 Bailey Lane, Suite 200, Nap/es, Florida 34105 o 239.649. 4040 ~ Fax 239.643.5716 wilsonmiller, corn WilsdnMilleF New OirectT'ons In Planning, ~esign & Engineering DESCRIPTION OF LANDS LYING WITHIN SECTIONS 33, 34, 35, AND 36, TOWNSHIP 46 SOUTH, RANGE 30 EAST AND SECTIONS 1, 2, 3 AND 4, TOWNSHIP 47 SOUTH, RANGE 30 EAST, COLLIER COUNTY, FLORIDA. (AGRICULTURAL GROUP 1 AND AGRICULTURAL GROUP 2 DELINEATION WITHIN STEWARDSHIP SENDING AREA 3) SHEET 16 OF 38 POINT NUMBER 653, POINT NUMBER 654, POINT NUMBER 655, POINT NUMBER 656, TO AS POINT "B" POINT NUMBER 657 POINT NUMBER 658 POINT NUMBER 659 POINT NUMBER 660 POINT NUMBER 661 POINT NUMBER 662 POINT NUMBER 663 POINT NUMBER 664 POINT NUMBER 665 POINT NUMBER 666 POINT NUMBER 667 POINT NUMBER 668 POINT NUMBER 669 POINT NUMBER 670 POINT NUMBER 671, POINT NUMBER 672, POINT NUMBER 673 POINT NUMBER 674 POINT NUMBER 675 POINT NUMBER 676 POINT NUMBER 677 POINT NUMBER 678 POINT NUMBER 679 POINT NUMBER 680 POINT NUMBER 681 POINT NUMBER 682 POINT NUMBER 683 POINT NUMBER 684 POINT NUMBER 685 POINT NUMBER 686 POINT NUMBER 687 POINT NUMBER 688 POINT NUMBER 689 POINT NUMBER 690 POINT NUMBER 691 POINT NUMBER 692 POINT NUMBER 693 POINT NUMBER 694 POINT NUMBER 695 POINT NUMBER 696 POINT NUMBER 697 POINT NUMBER 698 POINT NUMBER 699 2/17/2004- 132599 Vet' 01!- BSTOCKHAM NORTHING 762737.43, NORTHING 762748.12, NORTHING 762743.18, NORTHING 762730.06, NORTHING 762648.81, NORTHING 762623.37 NORTHING 762602.06 NORTHING 762575.00 NORTHING 762554.50 NORTHING 762538.87 NORTHING 762507.68 NORTHING 762475.68 NORTHING 762433.06 NORTHING 762383.00 NORTHING 762360.00 NORTHING 762343.62 NORTHING 762340.31 NORTHING 762306.68 NORTHING 762287.00 NORTHING 762276.31 NORTHING 762264.87 NORTHING 762255.00 NORTHING 762252.56 NORTHING 762231.18 NORTHING 762227.12 NORTHING 762200.06 NORTHING 762101.56 NORTHING 761751.25 NORTHING 761605.18 NORTHING 761535.43 NORTHING 761395.93 NORTHING 761386.93. NORTHING 761187.56. NORTHING 761070.25 NORTHING 761012.81 NORTHING 760957.81 NORTHING 760861.81 NORTHING 760769.93 NORTHING 760710.87 NORTHING 760352.31 NORTHING 760326.87 NORTHING 760143.87 NORTHING 760100.37 NORTHING 760025.75 NORTHING 760004.43 NORTHING 759955.18 NORTHING 759928.93 EAST ING EASTING EAST I N G EASTi N G ,! 556906.93 " 556936.81 557004.37 557071.68 SAID POINT HEREINAFTER REFERRED EASTING 557502.43 EASTING 557666.75 EASTING 557775.93 EASTING 557863.68 EASTING 557916.25 EASTING 557944.25 EASTING 557995.43 EASTtNG 558043.56 EASTING 558113,68 EASTING 558204.68 EASTING 558263.75 EASTING 558324.37 EASTING 558338.43 EASTING 558446.93 EASTING 558502.68 EASTING 558533.18 EASTING 558573.06 EASTING 558621.06 EASTING 558674.12 EASTING 558709.37 EASTING 558716.12 EASTING 558730.37 EASTING 558741.87 EASTING 558782.93 EASTING 558842.81 EASTING 558871.43 EASTING 558945.75 EASTING 558950.68 EASTING 559056.87 BASTING 559119.50 EASTING 559112,75 EASTING 559093.43 EASTING 559041.06 EASTING 558986.00 EASTING 558950.68 EASTING 558759.62 EASTING 558746.00 EASTING 558649.50 FASTING 558626.37 EASTING 558600.12 BASTING 558590.37 EASTING 558574.12 EASTING 558565.37 BCI/BCP SSA 3 STEWARDSHIP EASEMENT AGREEMENT EXHIBIT "D" GIS MAPPING DECRIPTION Offices strategically located to serve our clients 800.649.4336 Nap/es/Corporate Office 3200 Bailey Lane, Suite 200 ~ Nap/es, F/or/da 34105 · 239.649. 4040 · Fax 239.643.571~ wl/$onmi//er, corn AGENDA I~ No. MAR 2 3 200 J lsp.*nMiller® New Directions In Planning, De$/gn& Eng/needng DESCRIPTION OF LANDS LYING WITHIN SECTIONS 33.34.35. AND 36. TOWNSHIP 46 SOUTH. RANGE 30 EAST AND SECTIONS 1.2, 3 AND 4, TOWNSHIP 47 SOUTH. RANGE 30 EAST. COLLIER COUNTY, FLORIDA. (AGRICULTURAL GROUP 1 AND AGRICULTURAL GROUP 2 DELINEATION WITHIN STEWARDSHIP SENDING AREA 3) SHEET 17 OF 38 POINT NUMBER 700, POINT NUMBER 701 POINT NUMBER 702 POINT NUMBER 703 POINT NUMBER 704 POINT NUMBER 705 POINT NUMBER 706 POINT NUMBER 707 POINT NUMBER 708 POINT NUMBER 709 POINT NUMBER 710 POINT NUMBER 711, POINT NUMBER 712, POINT NUMBER 713, POINT NUMBER 714, POINT NUMBER 715, POINT NUMBER 716, POINT NUMBER 717, POINT NUMBER 718, POINT NUMBER 719, POINT NUMBER 720, POINT NUMBER 721, POINT NUMBER 722, EASTING 558556.87 EASTING 558542.68 EASTING 558515.31 EASTI NG 558481.00 EASTING 558070.81 EASTING 557994.12 EASTING 557828.87 EASTING 557784.37 EASTING 557748.81 EASTING 557737.31 EASTING 557727.06 EASTING 557698.00 EASTING 557698.00 FASTING 557682.81 EASTING 557665.62 EASTING 557662.56 EASTING 557671.87 EASTI NG 557690.12 EASTING 557470.75 EASTING 557466.12 EASTING 557377.75 EASTING 557280.50 EASTING 557223.06 NORTHING 759903.50, NORTHING 759885.43, NORTHING 759877.25, NORTHING 759877.25, NORTHING 759934.68, NORTHING 759945.31, NORTHING 759972.43, NORTHING 759995.37, NORTHING 760048.68, NORTHING 760079.87, NORTHING 760150.43, NORTHING 760924.18, NORTHING 760934.00, NORTHING 761158.00, NORTHING 761518.18, NORTHING 761720.06, NORTHING 761749.56, NORTHING 761813.56, NORTHING 761813.56, NORTHING 761813.56, NORTHING 761797.18, NORTHING 761741.37, NORTHING 761708.56, POINT NUMBER 723, NORTHING 761702.00, EASTING 557179.75 POINT NUMBER 724, NORTHING 761699.56, EASTING 557165.43 POINT NUMBER 725, NORTHING 761715.93, EASTING 557098.06 POINT NUMBER 726, NORTHING 761737.25, EASTING 557071.68 POINT NUMBER 727, NORTHING 761813.56, EASTING 556976.12 POINT NUMBER 728, NORTHING 761851.31, EASTING 556928.93 POINT NUMBER 729, NORTHING 761955.50, EASTING 556862.87 POINT NUMBER 730, NORTHING 762022.81, EASTING 556820.00 POINT NUMBER 731, NORTHING 762044.93, POINT NUMBER 732, NORTHING 762033.50, POINT NUMBER 733, NORTHtNG 762022.81, POINT NUMBER 734, NORTHING 762014.62, POINT NUMBER 735, NORTHING 762002.31, POINT NUMBER 736, NORTHING 762005.56, POINT NUMBER 737, NORTHING 762022.81, POINT NUMBER 738, NORTHING 762133.56, POINT NUMBER 739, POINT NUMBER 740, POINT NUMBER 741 POINT NUMBER 742, POINT NUMBER 743, POINT NUMBER 744, POINT NUMBER 745, POINT NUMBER 746, POINT NUMBER 747, NORTHING 762138.50, NORTHING 762231.18, , NORTHING 762233.68, NORTHING 762363.31 NORTHING 762440.43, NORTHING 762442.87, NORTHING 762475.68, NORTHING 762478.18, NORTHING 762486.37, EASTING 556805.93 EASTING 556725.31 EASTING 556684.62 EASTING 556654.12 EASTING 556606.25 FASTING 556599.18 FASTING 556579.81 EASTING 556455.18 EASTING 556445.31 EASTING 556279.00 EASTING 556274.18 , EASTING 556026.25 EASTtNG 555887.93 EASTING 555883.43 EASTING 555816.25 EASTING 555814.31 EASTING 555796.12 BCI/BCP SSA 3 STEWARDSHIP EASEMENT AGREEMENT EXHIBIT "D" GIS MAPPING DECRIPTION - 2/17F2004- 132599 Vet: 01!-BSTOCKHAM c~,, Offices strategically located to serve our clients 800.649.4336 Nap/es/Corporate Office 3200 £ai/ey Lane, Su/te 200 o Nap/es, F/or/da 34105 o 239.649.4040 o Fax 239.643.5716 wilsonrniller, com AGEhN)A ~ Wilsp. nMiller® New Directions In Planning, Design & Engineering DESCRIPTION OF LANDS LYING WITHIN SECTIONS 33, 34, 35, AND 36, TOWNSHIP 46 SOUTH, RANGE 30 EAST AND SECTIONS 1, 2, 3 AND 4, TOWNSHIP 47 SOUTH, RANGE 30 EAST, COLLIER COUNTY, FLORIDA. (AGRICULTURAL GROUP 1 AND AGRICULTURAL GROUP 2 DELINEATION WITHIN STEWARDSHIP SENDING AREA 3) SHEET 18 OF 38 POINT NUMBER 748 POINT NUMBER 749 POINT NUMBER 750 POINT NUMBER 751 POINT NUMBER 752 POINT NUMBER 753 POINT NUMBER 754 POINT NUMBER 755 POINT NUMBER 756 POINT NUMBER 757 POINT NUMBER 758 POINT NUMBER 759 POINT NUMBER 760 POINT NUMBER 761 POINT NUMBER 762 NORTHING 762494.56 NORTHING 762497.87 NORTHING 762498,68 NORTHING 762515.93 NORTHING 762560.25 NORTHING 762~64.31 NORTHING 762625.06 NORTHING 762627.50 NORTHING 762648.81 NORTH ING 762757.12 NORTHING 762835.06 NORTHtNG 762858.06 NORTHING 762867.93 NORTHING 763047.62 NORTHING 763128.00 EASTING 555738.50 EASTING 555712.31 EASTING 555708.25 EASTING 555688.12 EASTING 555640.31 EASTING 555635.75 EASTING 555613.56 EASTING 555610.18 EASTING 555574.62 FASTING 555401.37 FASTING 555270.12 EASTING 555264.25 FASTING 555259.50 FASTING 555214.00 EASTING 555192.68 POINT NUMBER 763 NORTHING 763448.81 FASTING 555107.43 THENCE NORTH 77°27'27" WEST 113.39 FEET TO THE POINT OF BEGINNING OF PARCEL "B" OF THE PARCEL HEREIN DESCRIBED (POINT NUMBER 605) NORTHING 762102.37, EASTING 549:555.50; CONTAINING 139 ACRES MORE OR LESS. ~ ALSO INCLUDING THE FOLOWlNG DESCRIBED PARCEL: COMMENCING AT THE AFREMENTIONED POINT "B" (POINT NUMBER 656) NORTHING 762730.06, EASTING 557071.68; THENCE NORTH 57°28'22" EAST 422.15 FEET TO THE POINT OF BEGINNING OF PARCEL "C" OF THE PARCEL HEREIN DESCRIBED (POINT NUMBER 764) NORTHING 763494.75, EASTING 558270.75; THENCE LEAVING SAID LINE IN STRAIGHT LINE SEGMENTS THROUGH THE FOLLOWING VERTECES (POINT NUMBER 765 THROUGH POINT NUMBER 906 INCLUSIVE): NORTHING 763520.18, EASTING 558243.12 NORTHING 763536.62, NORTHING 763560.37, NORTHING 763576.00, NORTHING 763591.56, NORTHING 763613.75, NORTHING 763631.81, NORTHING 763996.87, NORTHING 764013.31, NORTHING 764076.50, NORTHING 764088.81, NORTHING 764110.12, NORTHING 764129.81 NORTHING 764158.56 NORTHING 764172.50 NORTHING 764184.00 NORTHING 764191.37 NORTHING 764204.50 NORTHING 764229.12 NORTHING 764261.93 NORTHING 764291.43 EASTING 558233.50 EASTING 558225.18 EASTING 558223.12 EASTING 558224.87 EASTING 558233.50 EASTING 558246.43 EASTING 558478.81 EASTING 558533.18 FASTING 558741.87 EASTING 558782.93 EASTING 558844.62 EASTING 558900,12 EASTING 559021.18 FASTING 559067.81 EASTING 559098,06 EASTING 559108.25 FASTING 559117.06 EASTING 559124.62 EASTING 559130.31 FASTING 559125.87 POINT NUMBER 765, POINT NUMBER 766, POINT NUMBER 767, POINT NUMBER 768, POINT NUMBER 769, POINT NUMBER 770, POINT NUMBER 771 POINT NUMBER 772 POINT NUMBER 773. POINT NUMBER 774. POINT NUMBER 775. POINT NUMBER 776 POINT NUMBER 777 POINT NUMBER 778 POINT NUMBER 779 POINT NUMBER 780 POINT NUMBER 781 POINT NUMBER 782 POINT NUMBER 783 POINT NUMBER 784 POINT NUMBER 785 BCt/BCP SSA 3 STEWARDSHIP EASEMENT AGREEMENT EXHIBIT "D" GtS MAPPING DECRIPTION 2J17/2004- 132599 Vet: 01~- BSTOCKHAM o,~, Offices strategically located to serve our clients 800.649.4336 03786-000-000- - 0 Naples/CorlTorate Off/ce 3200 Bailey Lane, Suite 200 ~ Nap/es, F/or/da 34105 ~, 239.649.4040 o Fax 239.64Z5716 wilsonmiller, corn N, R 2 3 14qlscnMiller® New Directions In Plann/7~g, Design & Engineering DESCRIPTION OF LANDS LYING WITHIN SECTIONS 33, 34, 35, AND 36, TOWNSHIP 46 SOUTH, RANGE 30 EAST AND SECTIONS 1, 2. 3 AND 4, TOWNSHIP 47 SOUTH, RANGE 30 EAST, COLLIER COUNTY, FLORIDA. (AGRICULTURAL GROUP 1 AND AGRICULTURAL GROUP 2 DELINEATION WITHIN STEWARDSHIP SENDING AREA 3) SHEET 19 OF 38 POINT NUMBER 786, NORTHING 764320.18, POINT NUMBER 787, NORTHING 764356.25, POINT NUMBER 788, NORTHING 764383.37, POINT NUMBER 789, NORTHING 764450.62, POINT NUMBER 790, NORTHING 764489.18, POINT NUMBER 791, NORTHING 764512.18, POINT NUMBER 792, NORTHING 764524.50, POINT NUMBER 793, NORTHING 764527.75, POINT NUMBER 794, NORTHING 764538.43, POINT NUMBER 795, NORTHING 764552.37, POINT NUMBER 796, NORTHING 764556.50, POINT NUMBER 797, POINT NUMBER 798, POINT NUMBER 799, POINT NUMBER 800, POINT NUMBER 801, POINT NUMBER 802, POINT NUMBER 803, POINT NUMBER 804, POINT NUMBER 805, POINT NUMBER 806, POINT NUMBER 807, POINT NUMBER 808, POINT NUMBER 809, POINT NUMBER 810, POINT NUMBER 811, POINT NUMBER 812, POINT NUMBER 813, POINT NUMBER 814, POINT NUMBER 815, POINT NUMBER 816, POINT NUMBER 817, POINT NUMBER 818, POINT NUMBER 819, POINT NUMBER 820, POINT NUMBER 821, POINT NUMBER 822, POINT NUMBER 823, POINT NUMBER 824, POINT NUMBER 825, POINT NUMBER 826, POINT NUMBER 827, POINT NUMBER 828, POINT NUMBER 829, POINT NUMBER 830, NORTHING 764560.56 NORTHING 764571.25. NORTHING 764581.06 NORTHING 764588.50 NORTHING 764604.06 NORTHING 764623.75 NORTHING 764644.25 NORTHING 764672.18 NORTHING 764737.00 NORTHING 764874.00 NORTHING 764945.3Z NORTHING 764979.00, NORTHING 765030.68, NORTHING 765057.00, NORTHING 765106.18, NORTHING 765154.62, NORTHING 765175.93, NORTHING 765204.68, NORTHING 765223.56, NORTHING 765244.06, NORTHING 765260.43, NORTHING 765293.25, NORTHING 765344.93, NORTHING 765363.00, NORTHING 765394.18 NORTH ING 765399.12 NORTHING 765398.31 NORTHING 765389.25 NORTHING 765384.37 NORTHING 765376.93 NORTHING 765376.93 NORTHING 765385.18. NORTHING 765410.62, POINT NUMBER 831, POINT NUMBER 832, POINT NUMBER 833, EASTING 559116.43 EASTING 559102.00 EASTING 559086.06 EASTING 559033.18 EASTING 559001.06 EASTING 558968.25 EASTING 558938.62 EASTING 558925.18 EASTING 558883.75 EASTING 558794.93 EASTING 558741.87 EASTING 558685.18 EASTING 558627.75 EASTING 558595.43 EASTING 558580.75 EASTI N G 558566.12 EASTING 558555.00 EASTING 558546.50 EASTING 558539.81 EASTING 558546.81 EASTING 558561.56 EASTING 558586.62 EASTING 558598.37 EAST1NG 558642.68 EASTING 558675.43 EASTING 558741.87 EASTING 558820.12 EASTING 558832.25 EASTING 558841.50 EASTING 558845.81 EASTING 558848.87 EASTING 558849.18 EASTING 558847.81 EASTING 558832.87 EASTfNG 558822.93 EASTING 558776.12 EASTING 558733.25 EASTING 558663.93 EASTING 558539.43 EASTING 558403.43 FASTING 558324.37 EASTING 558287.56 EASTING 558259.62 EASTING 558214.18 NORTHING 765448.37, EASTING 558158.12 NORTHING 765482.00, EASTING 558115.56 NORTHING 765509.06, EASTING 558076.68 NORTHING 765544.31, EASTING 558041.93 BCI/BCP SSA 3 STEWARDSHIP EASEMENT AGREEMENT EXHIBIT "D" GIS MAPPING DECRIPTION '2J17~2004. 132599 Ve~ 01!- BSTOCKHAM c~, Offices strategically located to serve our c/lents 800.649. 4336 03786-000-000-. 0 Naples/Corporate Office 3200 Bailey Lane, Suite 200 ~ Naples, Florida 34105 ~ 232549.4040 ~ F3x 239.64~ wil$onmiller, corn Wi Miller® New Directions In Planning, Design & Engineering DESCRIPTION OF LANDS LYING WITHIN SECTIONS 33, 34, 35, AND 36, TOWNSHIP 46 SOUTH. RANGE 30 EAST AND SECTIONS 1, 2. 3 AND 4. TOWNSHIP 47 SOUTH, RANGE 30 EAST. COLLIER COUNTY, FLORIDA. (AGRICULTURAL GROUP 1 AND AGRICULTURAL GROUP 2 DELINEATION WITHIN STEWARDSHIP SENDING AREA 3) SHEET 20 OF 38 POINT NUMBER 834 POINT NUMBER 835 POINT NUMBER 836 POINT NUMBER 837 POINT NUMBER 838 POINT NUMBER 839 POINT NUMBER 840 POINT NUMBER 841 POINT NUMBER 842 POINT NUMBER 843 POINT NUMBER 844 POINT NUMBER 845 POINT NUMBER 846 POINT NUMBER 847 POINT NUMBER 848 POINT NUMBER 849 POINT NUMBER 850 POINT NUMBER 851 POINT NUMBER 852 POINT NUMBER 853 POINT NUMBER 854 POINT NUMBER 855 POINT NUMBER 856 POINT NUMBER 857 POINT NUMBER 858 POINT NUMBER 859 POINT NUMBER 860 POINT NUMBER 861 POINT NUMBER 862 POINT NUMBER 863 POINT NUMBER 864 NORTHING 765572.25 NORTHING 765614.06 NORTHING 765661.68 NORTHING 765715.81 NORTHING 765770.00 NORTHING 765823.31 NORTHING 765876.62 NORTHING 765952.93 NORTHING 765984.93 NORTHING 766013.68 NORTHING 766033.37 NORTHING 766033.37 NORTHING 766045.68 NORTHING 766081.75 NORTHING 766094.87 NORTHING 766093.25 NORTHING 766072.75 NORTHING 766062.06 NORTHING 766054.68 NORTHING 766039.12 NORTHING 765999.68 NORTHING 765934.87 NORTHING 765894.68 NORTHING 765879.12 NORTHING 765876.62 NORTHING 765877.43 NORTHING 765882.37 NORTHING 765879.12 NORTHING 765880.75 NORTHING 765862.68 NORTHING 765840.56 EASTING 558021.62 EASTING 557988.87 EASTING 557967.06 EASTING 557963.37 EASTING 557961.81 FASTING 557961.06 EASTING 557961.06 FASTING 557961.68 FASTING 557965.31 EASTING 557977.37 EASTING 557992.56 EASTING 557992.56 EASTING 558001.62 EASTING 558042.31 FASTING 558078.50 EASTING 558115.56 EASTING 558511.93 FASTING 558981.50 FASTING 559028.31 EASTING 559055.50 EASTING 559096.25 EASTI NG 559155.18 EASTING 559206.50 EASTING 559254.81 EASTING 559340.87 EASTING 559368.25 EASTING 559475.18 EASTING 559629.25 EASTING 559689.62 EASTI N G 559716.81 EASTING 559739.31 POINT NUMBER 865 POINT NUMBER 866 POINT NUMBER 867 POINT NUMBER 868 POINT NUMBER 869 POINT NUMBER 870 POINT NUMBER 871 POINT NUMBER 872 POINT NUMBER 873 POINT NUMBER 874 POINT NUMBER 875 POINT NUMBER 876 POINT NUMBER 877 POINT NUMBER 878 POINT NUMBER 879 POINT NUMBER 880 POINT NUMBER 881 '117/2004- 132599 Ven 01!- BSTOCKHAM 0378~000-000- - 0 NORTHING 765780.62 NORTHING 765767.50 NORTHING 765740.43 NORTHING 765725.68 NORTHING 765677.25 NORTHING 765624.75 NORTHING 765573.87 NORTHING 765523.81, NORTHING 765473.75, NORTHING 765424.56, NORTHING 765363.00, NORTHING 765290.00, NORTHING 765154.62, NORTHING 765119.31, NORTHING 765093.87, NORTHING 765084.87, NORTHING 765078.31, EASTING 559751.18 EASTING 559763.68 EASTING 559785.87 EASTING 559797.43 EASTING 559817.25 EASTING 559831.81 EASTING 559849.12 EASTING 559867.62 EASTING 559887.06 EASTING 559908.50 EASTING 559945.93 EASTING 559994.56 EASTING 560122.25 EASTING 560155.50 EASTING 560184.93 EASTING 560203.37 EASTING 560217.25 BCI/BCP SSA 3 STEWARDSHIP EASEMENT AGREEMENT EXHIBIT "D" GIS MAPPING DECRIPTION Offices strategically located to serve our clients 800.649.4336 Nap/es/Corporate Office 3200 Barley Lane, Suite 200. Nap/es, Florida 34105 e 239,649.4040 e F~x 239.643.5716 wilgonmiller, corn lspnMiller® New Directions In Planning, Design & Engineering DESCRIPTION OF LANDS LY1NG WITHIN SECTIONS 33, 34, 35, AND 38, TOWNSHIP 46 SOUTH, R,~NGE 30 EAST AND SECTIONS 1, 2, 3 AND 4, TOWNSHIP 47 SOUTH, RANGE 30 EAST, COLLIER COUNTY', FLORIDA, (AGRICULTURAL GROUP 1 AND AGRICULTURAL GROUP 2 DELINEATION WITHIN STEWARDSHIP SENDING AREA 3) SHEET 21 OF 38 POINT NUMBER 882, NORTHING 765063.56, POINT NUMBER 883, NORTHING 765048.75, POINT NUMBER 884, NORTHING 765034.00, POINT NUMBER 885, NORTHING 765023.31, POINT NUMBER 886, NORTHING 765020.06, POINT NUMBER 887, NORTHING 765006.12, POINT NUMBER 888, NORTHING 764992.12, POINT NUMBER 889, NORTHING 764978.18, POINT NUMBER 890, NORTHING 764964.25, POINT NUMBER 891, NORTHING 764948.68, POINT NUMBER 892, NORTHING 764945.37. POINT NUMBER 893, NORTHING 764932.25 POINT NUMBER 894, NORTHING 764915.00 POINT NUMBER 895, NORTHING 764853.50 POINT NUMBER 896, NORTHING 764810.00 POINT NUMBER 897, NORTHING 764802.62 POINT NUMBER 898, NORTHING 764765.68 POINT NUMBER 899, NORTHING 764792.75 POINT NUMBER 900, NORTHING 764792.75, POINT NUMBER 901, NORTHING 764832.18, POINT NUMBER 902, NORTHING 764852.68, POINT NUMBER 903, NORTHING 764931.43, POINT NUMBER 904, NORTHING 764943.75, EASTING 560268.50 EASTING 560320.00 EASTING 560371.68 EASTING 560412.18 EASTING 560423.56 EASTING 560475.50 EASTING 560527.37 EASTING 560579.25 EASTING 560630.93 FASTING 560682,43 EASTING 560692.62 EASTING 560733.43 EASTING 560784.00 EASTING 561038.56 EASTING 561216.56 FASTING 561247.25 EASTING 561410.18 EASTING 561548.50 EASTING 561631.43 FASTING 561836.06 EASTING 561873.56 EASTING 562018.62 EASTING 562082.68 POINT NUMBER 905, NORTHING 764963.43, EASTING 562190.18 POINT NUMBER 906, NORTHING 764946.18, EASTING 562222.81 THENCE THROUGH POINT NUMBER 2428, NORTHING 764988.87, EASTING 562291.18 THENCE THROUGH POINT NUMBER 2429, NORTHING 764945.37, EASTING 562291.18 THENCE CONTINUIING SAID LINE IN STRAIGHT LINE SEGMENTS THROUGH THE FOLLOWING VERTECES (POINT NUMBER 906 THROUGH POINT NUMBER 1047 INCLUSIVE): POINT NUMBER 906, NORTHING 764946.18, EASTING 562222.81 POINT NUMBER 907, POINT NUMBER 908, POINT NUMBER 909, POINT NUMBER 910, POINT NUMBER 911, NORTHtNG POINT NUMBER 912, NORTHING POINT NUMBER 913, POINT NUMBER 914, POINT NUMBER 915, POINT NUMBER 916, POINT NUMBER 917, TO AS POINT "C" POINT NUMBER 918, NORTHING POINT NUMBER 919, NORTHING POINT NUMBER 920, POINT NUMBER 921 POINT NUMBER 922, POINT NUMBER 923, NORTHING 764940.43, EASTING 562232.37 NORTHING 764922.43, EASTING 562248.43 NORTHING 764916.68, EASTING 562253.87 NORTHING 764869.06, EASTING 562280.37 764828.06, EASTING 562294.00 764804.25, EASTING 562305.81 NORTHING 764754.18, EASTING 562324.87 NORTHING 764702.50, EASTING 562340.25 NORTHING 764652.50, EASTING 562352.56 NORTHING 764599.93, EASTING 562370.06 NORTHING 764508.06, EASTING 562394.68 764433.37, EASTING 562414.37 764402.25, EASTING 562414.37 NORTHING 764371.87, EASTING 562402.00 , NORTHING 764353.00, EASTING 562379.50 NORTHING 764334.93, EASTING 562349.25 NORTHING 764333.31, EASTING 562178.68 SAID POINT HEREINAFTER REFERRED BCI/BCP SSA 3 STEWARDSHIP EASEMENT AGREEMENT EXHIBIT "D" G1S MAPPING DECRIPTION 2/17/2004- 132599 Vet: 01T- BSTOCKHAM c,~,o~z~oo~oo~.~ Offices strategically located to serve our clients 800.649.4336 ,'Cap/es/Corporate Office 3200 Bailey Lane, Suite 200 o Nap/es, F/or/da 34105 o 239.649.4040 · Fax 239.643.5715 wi/sonrni//er, corn AGENDA ITE~''' 1'4AI 2 3 203 WilspnMiller® New Directions In Planning, Design & Engineering DESCRIPTION OF LANDS LYING WITHIN SECTIONS 33, 34, 35, AND 36, TOWNSHIP 46 soLrI'H, RANGE 30 EAST AND SECTIONS 1, 2, 3 AND 4, TOWNSHIP 47 SOUTH, RANGE 30 EAST, COLLIER COUNTY, FLORIDA. (AGRICULTURAL GROUP 1 AND AGRICULTURAL GROUP 2 DELINEATION WITHIN STEWARDSHIP SENDING AREA 3) SHEET 22 OF 38 POINT NUMBER 924 POINT NUMBER 925 POINT NUMBER 926 POINT NUMBER 927 POINT NUMBER 928 POINT NUMBER 929 POINT NUMBER 930 POINT NUMBER 931 POINT NUMBER 932 POINT NUMBER 933 POINT NUMBER 934 POINT NUMBER 935 POINT NUMBER 936 POINT NUMBER 937 POINT NUMBER 938 POINT NUMBER 939 POINT NUMBER 940 POINT NUMBER 941 POINT NUMBER 942 POINT NUMBER 943 POINT NUMBER 944 POINT NUMBER 945 POINT NUMBER 946 POINT NUMBER 947 POINT NUMBER 948 POINT NUMBER 949 POINT NUMBER 950 POINT NUMBER 951 POINT NUMBER 952 POINT NUMBER 953 POINT NUMBER 954 POINT NUMBER 955 POINT NUMBER 956 POINT NUMBER 957 POINT NUMBER 958 POINT NUMBER 959 POINT NUMBER 960 POINT NUMBER 961 POINT NUMBER 962 POINT NUMBER 963 POINT NUMBER 964 POINT NUMBER 965 POINT NUMBER 966 POINT NUMBER 967 POINT NUMBER 968 POINT NUMBER 969 POINT NUMBER 970 POINT NUMBER 971 NORTHING 764338.25, NORTHING 764322.62, NORTHING 764319.37, NORTHING 764298.00, NORTHING 764273.43, NORTHING 764217.62, NORTHING 764220.87 NORTHING 764229.12 NORTHING 764225.00 NORTHING 764212.68 NORTHING 764188.87. NORTHING 764167.56. NORTHING 764143.75 NORTHING 764120.00 NORTHING 764088.00 NORTHING 764071.56 NORTHING 764044.50 NORTHING 763999.37 NORTHING 763901.75 NORTHING 763883.68 NORTHING 763795.06 NORTHING 763753.18 NORTHtNG 763729.43 NORTHING 763723.68 NORTHING 763734.37 NORTHING 763758.12 NORTHING 763766.37, NORTHING 763754.06, NORTHING 763730.25, NORTHING 763699.87, NORTHING 763697.43, NORTHING 763704.00, NORTHING 763747.50 NORTHING 763748.31 NORTHING 763707.25 NORTHING 763692.50 NORTHING 763652.31 NORTHING 763612.06 NORTHING 763581.75 NORTHING 763576.81 NORTHING 763571.87 NORTHING 763565.31 NORTHING 763553.00 NORTHING 763530.87 NORTHING 763508,68 NORTHING 763323.31 NORTHING 763300.31 NORTHING 763275.68 ?J17/2004-132599 Va': 011- BSTOCKHAM cA~43 O3786-000-00O- - 0 EASTING 562099.56 EASTING 562049.50 EASTiNG 562043,00 EASTiNG 562001.18 EASTING 561953.00 EASTING 561894.00 EASTING 561873.56 EASTING 561816.06 EASTING 561785.00 EASTING 561759.25 EAST~NG 561733.00 EASTING 561709.62 EASTING 561695.87 EASTING 561680.68 EASTING 561664.87 EASTING 561650.75 EASTING 561627.31 EASTING 561595.75 EASTING 561573.37 EASTING 561569.18 FASTING 561552.25 EASTiNG 561527.06 EASTING 561490.81 EASTING 581456.06 EASTING 561362.93 EASTING 561229.00 EASTING 561154.25 EASTING 561131.37 FASTING 561107.12 FASTING 561056.50 EASTING 560985.12 EASTING 560931.43 EASTING 560601.81 EASTI NG 560596,00 FASTING 560586.93 EASTING 560585.18 FASTING 560580.31 EASTING 560571.68 EASTING 560556.93 EASTING 560528.68 EASTING 560501,75 EASTING 560474.75 EASTING 560457.50 EASTING 560446.56 FASTING 560439.18 EAST1NG 560442.43 EASTING 560442,87 EASTING 560435.50 BCI/BCP SSA 3 STEWARDSHIP EASEMENT AGREEMENT EXHIBIT "D" GIS MAPPING DECRIPTION Offices strategically located to serve our clients 800.649,4336 Naples/Corporate Office 3200 Bailey Lane, Suite 200 ~ Nap/es, F/or/da 34105,239.649.4040 · Fax 239~ 64 3.5 716 wi/sonmi//er. WilsonMiller, lnc. -- FL Lic.# LC*COOOt70 MAR 2'3 W lspnMilleF New Directions In Planning, Design & Engineering DESCRIPTION OF LANDS LYING WITHIN SECTIONS 33, 34, 35, AND 36. TOWNSHIP 46 SOUTH, RANGE 30 EAST AND SECTIONS 1, 2, 3 AND 4. TOWNSHIP 47 SOUTH, RANGE 30 EAST. COLLIER COUNT~, FLORIDA. (AGRICULTURAL GROUP 1 AND AGRICULTURAL GROUP 2 DELINEATION WITHIN STEWARDSHIP SENDING AREA 3) SHEET 23 OF 38 POINT NUMBER 972, NORTHING 763275.68, EASTING 560430.06 POINT NUMBER 973, NORTHING 763275.68, FASTING 560412.18 POINT NUMBER 974, NORTHING 763274.06, EASTING 560203.25 POINT NUMBER 975, POINT NUMBER 976, POINT NUMBER 977, POINT NUMBER 978, POINT NUMBER 979, POINT NUMBER 980, POINT NUMBER 981, POINT NUMBER 982, POINT NUMBER 983 POINT NUMBER 984 POINT NUMBER 985 NORTHING 763574.37, FASTING 560158.37 NORTHING 763274.87, FASTING 560189.00 NORTHING 763273.25, FASTING 560159.56 NORTHING 763287.18, EASTING 560130.12 NORTHING 763336.43, EASTING 560127.56 NORTHING 763398.75, FASTING 560132.50 NORTHING 763425.00, FASTING 560138.75 NORTHING 763446.37, FASTING 560143.56 NORTHING 763468.50, EASTING 560148.50 NORTHING 763484.12, EASTING 560151.56 NORTHING 763523.50, FASTING 560159.56 POINT NUMBER 986. POINT NUMBER 987~ POINT NUMBER 988 POINT NUMBER 989 POINT NUMBER 990 POINT NUMBER 991 POINT NUMBER 992 POINT NUMBER 993, POINT NUMBER 994, POINT NUMBER 995, POINT NUMBER 996, POINT NUMBER 997, NORTHING 763629.31, EASTING 560152.18 NORTHING 763667.06, EASTING 560155.87 NORTHING 763683.50, FASTING 560162.06 NORTHING 763703.18 EASTING 560182.87 NORTHING 763708.06 NORTHING 763705.62 NORTHING 763705.62 NORTHING 763700.68 NORTHING 763709.75. NORTHING 763719.56. NORTHING 763734.37 NORTHING 763758.12 EASTING 560202.43 FASTING 560229.43 EASTING 560266.25 EASTING 560303.06 EASTING 560315.25 EASTING 560323.87 EASTING 560333.75 EASTING 560332.50 POINT NUMBER 998, NORTHING POINT NUMBER 999, NORTHING POINT NUMBER 1000, POINT NUMBER 1001, NORTHING POINT NUMBER 1002, NORTHING POINT NUMBER 1003, NORTHING POINT NUMBER 1004, NORTHING POINT NUMBER 1005, NORTHING POINT NUMBER 1006, NORTHING 763770.43, FASTING 560328.81 763779.50, EASTING 560241.62 NORTHING 763784.37,EASTING 560176.43 763801.62,EASTING 560036.62 763804.93,EASTING 560008.75 763804.06,EASTI NG 559994.56 763804.06,FASTING 559988.31 763801.62,EASTING 559981.75 763795.87,EASTING 559976.50 POINT NUMBER 1007, NORTHING 763484.12,EASTING 559740.81 POINT NUMBER 1008, NORTHING 763446.37,EASTING 559700.50 POINT NUMBER 1009, NORTHING 763412.68,EASTING 559664.43 POINT NUMBER 1010, NORTHING 763395.50,EASTING 559641.43 POINT NUMBER 1011, NORTHING 763385.62,EASTING 559621.37 POINT NUMBER 1012, NORTHING 763379.87,EASTING 559607.37 POINT NUMBER 1013, NORTHING POINT NUMBER 1014, NORTHING POINT NUMBER 1015, NORTHING POINT NUMBER 1016, NORTHING POINT NUMBER 1017, NORTHING POINT NUMBER 1018, NORTHING POINT NUMBER 1019, NORTHING ., ; 763384.00,EASTING 559589.37 763392.18,EASTI NG 559577.06 763400.43,EASTING 559563.31 763421.75,EASTING 559533.12 763443.06,EASTING 559494.25 763457.00,EASTING 559462.81 763461.93,EASTING 559433.25 BCI/BCP SSA 3 STEWARDSHIP EASEMENT AGREEMENT EXHIBIT "D" GIS MAPPING DECRIPTION 2/17/2004- 132599 Ve~ 01!- BSTOCKHAM o378~-ooo-ooo-~*"~' .o Offices strategically located to serve our clients 800.649.4336 Naples/Corporate Office 3200 Bailey Lane, Suite 200 ,, Nap/es, F/or/da 34105 o 239.649.4040 · Fax 239.643.5716 wilsonmiller, corn WilsOnMiller New Directions In Planning, Design & Engineering DESCRIPTION OF I~NDS LYING WITHIN SECTIONS 33, 34, 35, AND 36, TOWNSHIP 46 SOUTH, RANGE 30 FAST AND SECTIONS 1.2, 3 AND 4. TOWNSHIP 47 SOUTH, RANGE 30 EAST, COLLIER COUNTY, FLO. RIDA. (AGRICULTURAL GROUP 1 AND AGRICULTURAL GROUP 2 DELINEATION WITHIN STEWARDSHIP SENDING AREA 3) SHEET 24 OF 38 POINT NUMBER 1020, POINT NUMBER 1021, POINT NUMBER 1022, POINT NUMBER 1023, POINT NUMBER 102.-4, POINT NUMBER 1025 POINT NUMBER 1026 POINT NUMBER 1027 POINT NUMBER 1028 POINT NUMBER 1029 POINT NUMBER 1030 POINT NUMBER 1031 POINT NUMBER 1032 POINT NUMBER 1033 POINT NUMBER 1034 POINT NUMBER 1035 POINT NUMBER 1036 POINT NUMBER 1037 POINT NUMBER 1038 NORTHING NORTHING NORTHING NORTHING NORTHING NORTHING NORTHING NORTHING NORTHING NORTHING NORTHING NORTHING NORTHING NORTHING NORTHING NORTHING NORTHING NORTHING NORTHING 763454.56,EASTING 559407.81 763435.68,EASTING 559381.06 763399.56,EASTING 559368.25 763396.31 EASTING 559368.25 763348.68 763303.56 763269.93 763237.12 763227.31 763213.31 763194.43 763186.25 763178.87 763162.43 FASTING 559360.93 EASTING 559357.12 EASTING 559360.56 EASTING 559366,50 EASTING 559368.25 EASTING 559368.25 EASTING 559367.12 EASTING 559364.00 FASTING 559357.87 EASTING 559339.68 763144.43 EASTING 559315.93 763070.56 EASTING 559218.56 762981.12 EASTING 559097.18 762940.93 EASTING 559044.93 762931.93 EASTING 559030.06 POINT NUMBER 1039 POINT NUMBER 1040 POINT NUMBER 1041 POINT NUMBER 1042 POINT NUMBER 1043 POINT NUMBER 1044 POINT NUMBER 1045 POINT NUMBER 1046 NORTHING 762931.93 NORTHING 762943.37 NORTHING 762970.50 NORTHING 763066.43 NORTHING 763131.31 NORTHING 763275.68 NORTHING 763292.12 NORTHING 763453.75 EASTING 559012.06 EASTING 558985.18 EASTING 558950.68 EASTING 558825.56 EASTING 558741.87 EASTING 558554.18 EASTING 55853:3.18 EASTING 558323.31 POINT NUMBER 1047 NORTHING 763484.12 EASTING 558284.68 THENCE NORTH 52°40'50'' WEST 17.53 FEET TO THE POINT OF BECINNIN6 OF PARCEL "C" OF THE PARCEL HEREIN DESCRIBED (POINT NUMBER 764) NORTHING 763494.75, EASTING 558270.75; CONTAINING 149 ACRES MORE OR LESS. ALSO INCLUDING THE FOLOWING DESCRIBED PARCEL: COMMENCING AT THE AFREMENTIONED POINT "C" (POINT NUMBER 917) NORTHING 764508.06, EASTING 562394.68; THENCE NORTH 58053'28'' EAST 101.61 FEET TO THE POINT OF BEGINNING OF PARCEL "D" OF THE PARCEL HEREIN DESCRIBED (POINT NUMBER 1048) NQRTHING 764560.56,EASTING 562481.68; THENCE LEAVING SAID LINE IN STRAIGHT LINE SEGMENTS THROUGH THE FOLLOWING VERTECES (POINT NUMBER 1049 THROUGH POINT NUMBER 1622 INCLUSIVE): POINT NUMBER 1049 NORTHING 764604.06,F_.ASTING 562471.81 POINT NUMBER 1050 NORTHING 764657.37,EASTING 562467.31 POINT NUMBER 1051 NORTHING 764702.50,EASTING 562470.50 POINT NUMBER 1052 NORTHING 764972.43,EASTING 562380.62 POINT NUMBER 1053 NORTHING 765034.00,EASTING 562360.12 POINT NUMBER 1054 NORTHING 765074.18,EASTING 562347.12 POINT NUMBER 1055 NORTHING 765106.18,EASTING 562349.56 POINT NUMBER 1056 NORTHING 765577.18,EASTING 562633.75 BCI/BCP SSA 3 STEWARDSHIP EASEMENT AGREEMENT EXHIBIT "D" GIS MAPPING DECRIPTION 132599 Ver~ 01!- BSTOCKHAM Offices strategically located to serve our clients 800.649.4336 J708-OOO-0OO- - 0 Naples/Corp~orate Office 3200 Bailey Lane, Suite 200 · Nap/es, F/or/da 34105 o 239.649.4040 · Fax 239.643.5716 wilsonmiller, corn WilsonMillar. lnc. -- FL Lic.~ LC-CO00170 MAR 2 3 J qi nMiller® New Directions In Planning, Design & Engineering POINT NUMBER POINT NUMBER POINT NUMBER POINT NUMBER POINT NUMBER POINT NUMBER POINT NUMBER POINT NUMBER 1066, POINT NUMBER 1067, POINT NUMBER 1068, POINT NUMBER 1069, POINT NUMBER 1070, POINT NUMBER 1071, POINT NUMBER 1072, POINT NUMBER 1073, POINT NUMBER 1074, POINT NUMBER 1075, POINT NUMBER 1076, POINT NUMBER 1077, POINT NUMBER 1078, POINT NUMBER 1079, POINT NUMBER 1080, POINT NUMBER 1081, POINT NUMBER 1082 POINT NUMBER 1083 POINT NUMBER 1084 POINT NUMBER 1085 POINT NUMBER 1086 POINT NUMBER 1087 POINT NUMBER 1088 POINT NUMBER 1089 POINT NUMBER 1090, POINT NUMBER 1091, POINT NUMBER 1092, POINT NUMBER 1093, POINT NUMBER 1094, POINT NUMBER 1095, POINT NUMBER 1096, POINT NUMBER 1097, POINT NUMBER 1098, POINT NUMBER 1099, POINT NUMBER 1100, POINT NUMBER 1101, POINT NUMBER 1102, POINT NUMBER 1103, POINT NUMBER 1104, DESCRIPTION OF LANDS LYING WITHIN SECTIONS 33, 34, 35, AND 36, TOWNSHIP 46 SOUTH, RANGE 30 EAST AND SECTIONS 1, 2, 3 AND 4, TOWNSHIP 47 SOUTH, RANGE 30 EAST, COLLIER COUNTY, FLORIDA. (AGRICULTURAL GROUP 1 AND AGRICULTURAL GROUP 2 DELINEATION WITHIN STEWARDSHIP SENDING AREA 3) SHEET 25 OF 38 POINT NUMBER 1057, NORTHING 765639.50,EASTING 562698.56 POINT NUMBER 1058, NORTHING 765624.75,EASTING 562843.18 1059, NORTHING 765606.68,EASTING 562917.56 1060, NORTHING 765572.25,EASTING 563059.62 1061, NORTHING 765557.50,EASTING 563120.00 1062, NORTHING 765509.87,EASTING 563321.93 1063, NORTHING 765475.43,EASTING 563496.43 1064, NORTHING 765463.12,EASTING 563543.81 1065, NORTHING 765322.81,EASTING 563551.31 NORTHING 765268.68,EASTING 563563.81 NORTHING 765154.62,EASTING 563543.87 NORTHING 765154.62,EASTING 563561.12 NORTHING 765081.56,EASTING 563590.37 NORTHING 765022.50,EASTING 563566.68 NORTHING 764970.81,EASTING 563551.68 NORTHING 764926.50,EASTING 563543.87 NORTHING 764917.50,EASTING 563543.87 NORTHING 764850.18,EASTING 563529.75 NORTHING 764817.37,EASTING 563510.68 NORTHING 764798.50,EASTING 563471.37 NORTHING 764769.81 ,EASTING 563418.43 NORTHING 764755.06,EASTING 563377.12 NORTHING 764737.00,EASTING 563335.06 NORTHING 764732.06,EASTING 563314.50 NORTHING 764723.87,EASTING 563294 18 NORTHING 764715.62,EASTING 563282.25 NORTHING 764704.18,EASTING 563273.12 NORTHING 764685.31,EASTING 563264 00 NORTHING 764651.62,EASTING 563250.50 NORTHING 764613.06,EASTING 563244.50 NORTHING 764581.06,EASTING 563247.31 NORTHING NORTHING NORTHING NORTHING NORTHING NORTHING NORTHING NORTHING NORTHING 764549.93,EASTING 563260.00 764523.62,EASTING 563276.31 764503.12,EASTING 563296.18 764487.56,EASTING 563316.18 764318.56,EASTING 563322.37 764211.87,EASTING 563325.25 764158.56,EASTING 563318.75 764106.00,EASTI NG 563307.87 764054.31,EASTING 563294.75 ~J17/2004- 132599 Vet: 01!- BSTOCKHAM 03786-000-0~0- - 0 NORTHING 764002.62,EASTING 563279.62 NORTHING 763951.75,EASTING 563263.18 NORTHING 763901.75,EASTING 563247.68 NORTHING 763798.37,EASTING 563194.68 NORTHING 763745.81 ,EASTI NG 563175.06 NORTHING 763692.50,EASTING 563145.25 NORTHING 763544.00,EASTING 563131.06 NORTFIING 763489.81 ,EASTING 563126.25 BCI/BCP SSA 3 .STEWARDSHIP EASEMENT AGREEMENT EXHIBIT "D' GIS MAPPING DECRIPTION Offices strategically located to serve our clients 800.649.4336 Nap/es/Corporate Office 3200 Bailey Lane, Suite 200 ~ Nap/es, F/or/da 34105 ~ 239.649.4040 o Fz~r 239.643.5; wi/sonmi//er, corn Wii nMilleF New Directions/n Planning, Des)gn & Engineering DESCRIPTION OF LANDS LYING WITHIN SECTIONS 33, 34, 35, AND 36, TOWNSHIP 46 SOUTH, RANGE 30 EAST AND SECTIONS 1, 2, 3 AND 4, TOWNSHIP 47 SOUTH, RANGE 30 EAST, COLLIER COUNT'(, FLORIDA. (AGRICULTURAL GROUP 1 AND AGRICULTURAL GROUP 2 DELINEATION WITHIN STEWARDSHIP SENDING AREA 3) SHEET 26 OF 38 POINT NUMBER 1105 POINT NUMBER 1106 POINT NUMBER 1107 POINT NUMBER 1108 POINT NUMBER 1109. POINT NUMBER 1110. NORTHING 763275.68 NORTHING 763438.12,EASTING 563139.18 NORTHING 763391.37,EASTING 563165.06 NORTHING 763346.25,EASTING 563195.00 NORTHING 763297.00,EASTING 563222.87 NORTHING 763275.68 EASTING 563242.18 EASTING 563335.06 POINT NUMBER 1111 POINT NUMBER 1112 POINT NUMBER 1113 POINT NUMBER 1114 POINT NUMBER 1115 POINT NUMBER 1116 POINT NUMBER 1117 POINT NUMBER 1118, POINT NUMBER 1119, POINT NUMBER 1120, POINT NUMBER 1121, POINT NUMBER 1122, POINT NUMBER 1123, POINT NUMBER 1124, POINT NUMBER 1125, POINT NUMBER 1126, POINT NUMBER 1127, NORTHING 763275.68 NORTHING 763392.18 NORTHING 763484.12 NORTHING 763484.12 NORTHING 763484.12 NORTHING 763497.25 NORTHING 763559.56 NORTHING 763610.43 NORTHING 763674.43 NORTHING 763692.50 NORTHING 763736.00 NORTHING 763863.18 NORTHING 763901.75 NORTHING 763932.87 EASTING 563545.56 EASTING 563752.68 EASTING 563752.68 EASTING 563915.81 EASTING 563934.87 EASTING 563961.43 EASTING 564083.87 EASTING 564170.25 EASTING 564279.37 EASTING 564308.31 EASTING 564379.06 EASTING 564587.75 EASTING 564656.68 EASTING 564711.93 564718.43 564720.68 564724.37 NORTHING 763901.75,EASTING NORTHING 763891.06,EASTING NORTHING 763828.68,EASTING POINT NUMBER 1128, NORTHING 763774.56,EASTING 564727.37 POINT NUMBER 1129, NORTHING 763721.18 EASTING 564730.12 POINT NUMBER 1130, NORTHING 763666.25 EASTING 564732.81 POINT NUMBER 1131, NORTHING 763448.81 EASTING 564742.12 POINT NUMBER 1132, NORTHING 762590.56 EASTING 564817.68 POINT NUMBER 1133, NORTHING 762570.87 EASTING 564827.43 EASTING 564856.87 EASTING 565052.68 POINT NUMBER 1134 POINT NUMBER 1135 POINT NUMBER 1136 POINT NUMBER 1137 POINT NUMBER 1138 POINT NUMBER 1139 POINT NUMBER 1140 POINT NUMBER 1141 POINT NUMBER 1142 POINT NUMBER 1143 POINT NUMBER 1144 POINT NUMBER 1145 POINT NUMBER 1146 POINT NUMBER 1147 POINT NUMBER 1148 POINT NUMBER 1149 POINT NUMBER 1150 POINT NUMBER 1151, POINT NUMBER 1152, NORTHING 762565.12 NORTHING 762570.87 NORTHING 762570.87 EASTING NORTHING 763340.50 EASTING NORTHING 763377.43 EASTING NORTHING 763410.25 EASTING NORTHING 763427.50 EASTING NORTHING 763425.81 EASTING NORTHING 763415.18 EASTING NORTHING 763386.43 EASTING NORTHING 763331.50 EASTING NORTHING 763275.68 EASTING NORTHING 763208.43 FASTING NORTHING 763169.00 FASTING NORTHING 763130.43 EASTING NORTHING 763091.87 EASTING NORTHING 763066.43,EASTING NORTHING 763039.37,EASTING NORTHING 763017.25,EASTING 565055.93 564882.18 564878.00 564879.12 564886.50 564898.43 564962.75 565053.87 565199.12 565339.62 565495.75 565592.37 565687.31 565785.50 565840.43 565891.18 565934.O6 BCI/BCP SSA 3 .STEWARDSHIP EASEMENT AGREEMENT EXHIBIT "D" GIS MAPPING DECRIPTION ~.~...?~7~oo4-~32s~ v,~o~-ssrocK~ Offices strategically located to serve our c/lents 800.649.4336 Nap/es/Corporate Office 3200 Bailey Lane, Suite 200 ,, Naples, F/odda 34105 e 239.649.4040 · Fax 239.643,5716 w/Isonm/ller, corn AGENDA I~M~,~ NIAR 2 3 200/ .4. WilsonMifler./nc. -- FL LIc.~ LC-CO00170 J lsdnMilleF New Directions In ~/annMg, Design & Engineering DESCRIPTION OF LANDS LYING WITHIN SECTIONS 33, 34, 35, AND 36, TOWNSHIP 46 SOUTH, RANGE 30 EAST AND SECTIONS 1, 2, 3 AND 4, TOWNSHIP 47 SOUTH, RANGE 30 EAST, COLLIER COUNTY, FLORIDA. (AGRICULTURAL GROUP 1 AND AGRICULTURAL GROUP 2 DELINEATION WITHIN STEWARDSHIP SENDING AREA 3) SHEET 27 OF 38 POINT NUMBER 1153, POINT NUMBER 1154, POINT NUMBER 1155, NORTHING POINT NUMBER 1156, NORTHING POINT NUMBER 1157, NORTHING POINT NUMBER 1158, NORTHING POINT NUMBER 1159, NORTHING POINT NUMBER 1160, NORTHING POINT NUMBER 1161, NORTHING POINT NUMBER 1162, POINT NUMBER 1163, POINT NUMBER 1164, POINT NUMBER 1165, NORTHING POINT NUMBER 1166, NORTHING POINT NUMBER 1167, NORTHING 762440.43 POINT NUMBER 1168, NORTHING 762423.18 POINT NUMBER 1169, NORTHING 762305.87 POINT NUMBER 1170, NORTHING 762174.62 POINT NUMBER 1171, NORTHING 762162.31 POINT NUMBER 1172, NORTHING 762125.37 POINT NUMBER 1173, NORTHING 762081.06 POINT NUMBER 1174, NORTHING 762038.37 POINT NUMBER 1175, NORTHING 762022.81 POINT NUMBER 1176, NORTHING 761991.62 POINT NUMBER 1177, NORTHING 761941.56 POINT NUMBER 1178, NORTHING 761887.43 POINT NUMBER 1179, NORTHING 761834.1,c POINT NUMBER 1180, NORTHING POINT NUMBER 1181, NORTHING POINT NUMBER 1182, NORTHING POINT NUMBER 1183, NORTHING POINT NUMBER 1184, NORTHING POINT NUMBER 1185, NORTHING POINT NUMBER 1186, NORTHING POINT NUMBER 1187, NORTHING POINT NUMBER 1188, POINT NUMBER 1189, POINT NUMBER 1190, POINT NUMBER 1191, NORTHING POINT NUMBER 1192, NORTHING POINT NUMBER 1193, NORTHING POINT NUMBER 1194, NORTHING POINT NUMBER 1195, NORTHING POINT NUMBER 1196, NORTHING POINT NUMBER 1197, NORTHING POINT NUMBER 1198, NORTHING POINT NUMBER 1199, NORTHING POINT NUMBER 1200, NORTHING .Z/17/2004-132599 Vet: 01!- BSTOCKHAM 03786-0OO-000-. 0 NORTHING 763011.50,EASTING 565944.87 NORTHING 762967.18,EASTING 565992.31 762935.18, EASTI N G 566049.25 762894.18,EASTING 566082.50 762838.37,EASTING 566130.68 762793.25,EASTING 566166.18 762746.50,EASTING 566190.06 762684.12,EASTING 566194.56 762673.43,EASTING 566230.56 NORTHING 762683.31,EASTING 566283.12 NORTHING 762648.81,EASTING 566423.50 NORTHING 762643.93,EASTING 566443.50 762483.93,EASTING 566664.81 762477.37. EASTING 566675.62 EASTING 566739.87 EASTING 566769.87 EASTING 566852.00 EASTING 566879.06 .EASTING 566884.43 EASTING 566900.75 EASTING 566930.25 EASTING 566963.18 EASTING 566972.18 EASTING 566990.25 EASTING 567006.43 EASTING 567005.43 EASTING 567005.93 761779.93,EASTING 761726.62,EASTING 761673.25, EASTI N G 761619.93,EASTING 761566.62,EASTING 761512.43, EASTING 761459.12,EASTING 761405.81 ,EASTING 567008.62 567011.00 567013.00 567016.62 567021.12 567026.56 567031.37 567033.62 NORTHING 761352.43,EASTING 567034.43 NORTHING 761300.75,EASTING 567033.56 NORTHING 761243.31 ,EASTING 567032.68 761215.43,EASTING 567026.68 761187.56,EASTING 567003.06 761154.75,EASTING 566974.75 761117.81 ,EASTING 566935.56 761083.37,EASTING 566894.18 761073.50,EASTING 566884.43 761054.62,EASTING 566861.43 761038.25, EASTING 566843.81 761009.50,EASTING 566830.56 760975.87,EASTING 566827.81 BCI/BCP SSA 3 STEWARDSHIP EASEMENT AGREEMENT EXHIBIT "D" GIS MAPPING DECRIPTION Offices strategically located to serve our clients 800.649.4336 Nap/es/Corl~orate Office 3200 Ba//ey Lane, Su/te 200. Nap/es, Flor/da 34105 o 239.649. 4040 ° Fax 239.643.5716 w//$onmi//er, com NAR 2'3 20n Wils nMilleF New Directions In Planning, Design & Engineering DESCRIPTION OF LANDS LYING wrT'HIN SECTIONS 33, 34, 35, AND 36, TOWNSHIP 46 sOUTH, RANGE 30 EAST AND SECTIONS 1, 2, 3 AND 4, TOWNSHIP 47 SOUTH, RANGE 30 EAST, COLLIER COUNT'(, FLORIDA. (AGRICULTURAL GROUP 1 AND AGRICULTURAL GROUP DELINEATION WITHIN STEWARDSHIP SENDING AREA 3) SHEET 28 OF 38 POINT NUMBER POINT NUMBER POINT NUMBER POINT NUMBER POINT NUMBER POINT NUMBER POINT NUMBER POINT NUMBER POINT NUMBER POINT NUMBER POINT NUMBER POINT NUMBER POINT NUMBER POINT NUMBER POINT NUMBER POINT NUMBER 1201 NORTHING 1202 NORTHING 1203 NORTHING 1204 NORTHING 1205 NORTHING 1206 NORTHING 1207 NORTHING 1208 NORTHING 1209 NORTHING 1210 NORTHING 1211 NORTHING 1212 NORTHING 1213 NORTHING 1214 NORTHING 1215 NORTHING 1216 NORTHING 760891.37,EASTING 566803.68 760847.87,EASTING 566800.31 760809.31,EASTING 566833.87 760778.12 EASTING 566880.12 760775.68 760769.93 760754.31 760719.87 760683.75 760643.56 760594.31 760561.50 760538.56 760484.37 760431.06 760378.56 EASTING 566884.43 EASTING 566896.18 EASTING 566928.18 EASTING 566970.75 EASTING 567012.68 EASTING 567046.12 EASTING 567058.68 EASTING 567055.25 EASTING 567052.93 EASTING 567048.00 EASTING 567047.00 EASTING 567057.00 POINT NUMBER 1217 POINT NUMBER 12i8 POINT NUMBER 1219 POINT NUMBER 1220 POINT NUMBER 1221 POINT NUMBER 1222 POINT NUMBER 1223 POINT NUMBER 1224 POINT NUMBER 1225 POINT NUMBER 1226 POINT NUMBER 1227 POINT NUMBER 1228 POINT NUMBER 1229 POINT NUMBER 1230 POINT NUMBER 1231 POINT NUMBER 1232 POINT NUMBER 1233 POINT NUMBER 1234 POINT NUMBER 1235 POINT NUMBER 1236 POINT NUMBER 1237 POINT NUMBER 1238 POINT NUMBER 1239 POINT NUMBER 1240 POINT NUMBER 1241, POINT NUMBER 1242, POINT NUMBER 1243, POINT NUMBER 1244, POINT NUMBER 1245, POINT NUMBER. 1246, POINT NUMBER 1247, POINT NUMBER 1248, NORTHING 760325.18 NORTHING 760271.87 NORTHING 760217.75 NORTHING 760164.37 NORTHING 760111.06 NORTHING 760056.93 NORTHING 760003.56 NORTHING 759950.25 NORTHING 759934.68 NORTHING 759894.43 NORTHING 759836.18 NORTHING 759777.12 NORTHING 759719.68 NORTHING 759664.75 NORTHING 759614.68 NORTHING 759581.87 NORTHING 759553.93 'NORTHING 759549.06 NORTHING 759538.37 NORTHING 759536.75 FASTING 567061.31 EASTING 567060.00 EASTING 567059.06 EASTING 567058.37 EASTING 567058.25 EASTING 567058.25 EASTING 567057.00 EASTING 567055.50 EASTING 567056.12 EASTING 567057.87 EASTING 567064.00 EASTING 567071.56 EASTING 567078.06 EASTING 567080.68 EASTING 567077.00 EASTING 567058.12 EASTING 567031.81 EASTING 566982.37 EASTING 566801.62 EASTING 566748.00 NORTHING NORTHING NORTHING NORTHING NORTHING NORTHING NORTHING NORTHING NORTHING NORTHING NORTHING NORTHING 759545.75EASTING 566397.37 759548.18,EASTING 566294.50 759576.12,EASTING566258.06 759585.12,EASTING566248.93 759599.87. EASTING 566241.12 7596'18.75 759726.25 759789.43 759809.93 759820.62 759832.93 759837.87 EASTING 566239.81 EASTING 566240.75 EASTI NG 566242.06 EASTING 566242.06 EASTING 566238.87 EASTING 566186.06 EASTING 566142.68 BCI/BCP SSA 3 . STEWARDSHIP EASEMENT AGREEMENT EXHIBIT "D" GIS MAPPING DECRIPTION Offices strategically located to serve our c/lents 800.649.4336 Nap/es/Corporate Office 3200 Bailey Lane, Suite 200 e Nap/es, Rorida 34105 e 239.649.4040 o Fax 239.643.5716 w//sonm///er, corn Wll$onMiller. lnc. -- FL Lic./ LC-CO00170 AGENDA ITE~ MAR 2 3 200 DESCRIPTION CF LANDS LYING WITHIN SECTiCNS 33, 34, 35. AND 35, TOWNSHIP 46 SOUTH, RANGE 30 FAST AND SECTIONS 1, 2, 3 AND 4, TOWNSHIP 47 SOUTH, RANGF= 30 EAST, COLLIER COUNiPf, FLORIDA. (AGRICULTURAL GROUP I AND AGRICULTURAL GROUP 2 DELINEAT!ON WITHIN STE¥¥ARDSHIP SENDING AREA 3) SHEET 29 OF 38 POINT NUMBER 1249, NORTHING 759841.93,EASTING 566108.62 POINT NUMBER 1250, NORTHING 759846.87, EASTING 566072.87 POINT NUMBER 1251, NORTHING 759849.31,EASTING 566049.25 POINT NUMBER 1252, NORTHING 759850.12,EASTING 566046.18 POINT NUMBER 1253, NORTHING POINT NUMBER 1254; NORTHING POINT NUMBER 1255, NORTHING POINT NUMBER 1256, NORTHING POINT NUMBER 1257, NORTHING POINT NUMBER 1258, NORTHING POINT NUMBER 1259, NORTHING POINT NUMBER 1260, NORTHING POINT NUMBER 1261, NORTHING POINT NUMBER 1262, NORTHING POINT NUMBER 1263, NORTHING POINT NUMBER 1264, NORTHING POINT NUMBER 1265, NORTHING POINT NUMBER 1266, NORTHING POINT NUMBER 1267, NORTH1NG POINT NUMBER 1268, NORTHING POINT NUMBER 1269, NORTHING POINT NUMBER 1270, NORTHING POINT NUMBER 1271, NORTHING 759868.18,EASTING 565983.50 759884.62,EASTING 565929.25 759897.75,EASTING 565885.68 759905.93,EASTING 565849.25 759910.87, F_..ASTING 565812.31 759913.31 ,EASTING 565768.75 759910.06,EASTING 565724.12 759881.31 ,EASTING 565631.75 759876.43, E. ASTING 565617.25 759864.93,EASTING 565604.43 759827.18, EASTING 565574.62 759781.25,EASTING 565543.75 759726.25,EASTING 565503.75 759721.31 ,EASTING 565500.43 759622.06,F__ASTING 565422.93 759571.18,EASTING 565384.06 759567.06,PEASTING 565332.12 759566.25,EASTING 565286.12 759564.62,EASTING 565222.31 POINT NUMBER 1272, NORTHING 759551.50,~.~.,ST1NG 564590.00 POINT NUMBER 1273, NORTHING 759551.50,EAST1NG 584536.37 POINT NUMBER 1274, NORTHING 759551.50,EASTING 564482.75 POINT NUMBER 1275, NORTHING 759551.50,~&ST1NG 564429.15 POINT NUMBER 1276, POINT NUMBER 1277, POINT NUMBER 1278, POINT NUMBER 1279, POINT NUMBER 1280, POINT NUMBER 1281, POINT NUMBER 1282, POINT NUMBER 1283, POINT NUMBER 1284, POINT NUMBER 1285, POINT NUMBER 1286, POINT NUMBER 1287, POINT NUMBER 1288, POINT NUMBER 1289, POINT NUMBER 1290, POINT NUMBER 1291, POINT NUMBER 1292, POINT NUMBER 1293, POINT NUMBER 1294, POINT NUMBER 1295, POINT NUMBER 1296, NORTHING 759552.31,EASTING 564381 NORTHING 759726.25,EASTING 564381.00 NORTHING 780519.68,EASTING 564379.06 NORTHING 760521.31 ,EASTING 564439.87 NORTH lNG 760529.50,EASTING 564507.12 NORTHING 760545.12,F_ASTING 564606.43 NORTHING 760561.50,EASTING 564649.00 NORTHING 760614.00,EASTING 564671.12 NORTHING 76(~769.93,EASTING 564672.81 NORTHING 760802.75,EASTING 564673.62 NORTHING 760820.81 ,EASTING 564796.56 NORTHING 760869.18,EASTING 565132.68 NORTHtNG 760935.68,E. ASTING 565208.25 NORTHING 760941.37,EASTING 565214.12 NORTHING 760974.25,EASTING 565245.81 NORTHING 760978.31,EASTING 565249.18 NORTHING 761015.25,EASTING 565280.06 NORTHING 761058.75,EASTING 565313.37 NORTHING 761076.81 ,EASTING 565321.06 NORTHING 761117.81 ,EASTING 565353.87 NORTHING 761148.18,EASTING 565356.68 BC1/BCP SSA 3 STEWARDSHIP EASEMENT AGREEMENT EXHIBIT "D" GIS MAPPING DECRIPTION Offices strategically located to serve our clients 800.649.4336 Nap/es/Corporate Office 3200 ~aJTey LaNe, Su/te 200 ,, Nap/es, F/or/da 34105 ,, wilsonm i ller. ~orn AGF_J',~A DESCRIPTION OF LANDS LYING WITHIN SECTIONS 33.34, 35, AND 36, TOWNSHIP 46 SOUTH, RANGE 30 EAST AND SECTIONS 1, 2. 3 AND 4, TOWNSHIP 47 SOUTH, RANGE 30 EAST. COLLIER COUNTY, FLORIDA. (AGRICULTURAL GROUP 1 AND AGRICULTURAL GROUP 2 DELINEATION WiTHIN STEWARDSHIP SENDING AREA 3) SHEET 30 OF 38 POINT NUMBER 1297 POINT NUMBER 1298 POINT NUMBER 1299 POINT NUMBER 1300 POINT NUMBER 1301 POINT NUMBER 130~ POINT NUMBER 1303 POINT NUMBER 1304 POINT NUMBER 1305 POINT NUMBER 1306 POINT NUMBER 1307 POINT NUMBER 1308 POINT NUMBER 1309 POINT NUMBER 1310 POINT NUMBER 1311 POINT NUMBER 1312 POINT NUMBER 1313 POINT NUMBER 1314 POINT NUMBER 1315 POINT NUMBER 1316 POINT NUMBER 1317 POINT NUMBER 1318 POINT NUMBER 1319 POINT NUMBER 1320 POINT NUMBER 1321 POINT NUMBER 1322 POINT NUMBER 1323 POINT NUMBER 1324 POINT NUMBER 1325 POINT NUMBER 1326 POINT NUMBER 1327 POINT NUMBER 1328 POINT NUMBER 1329 POINT NUMBER 1330 POINT NUMBER 1331 POINT NUMBER 1332 POINT NUMBER 1333 POINT NUMBER 1334 POINT NUMBER 1335 POINT NUMBER 1336 POINT NUMBER.1337 POINT NUMBER 1338 POINT NUMBER 1339 POINT NUMBER 1340 POINT NUMBER 1341 POINT NUMBER 1342 POINT NUMBER 1343 POINT NUMBER 1344 i "~k~"17/2004- 132599 Vec 01!- BSTOCKHAM J786-O0~000- - 0 Wil nMilleF New Directions In Planning, Design & Engineering NORTHING 761169.50,EASTING NORTHING 761200.68,EASTING NORTHING 761218.75,EASTING NORTHING 761240.06,EASTING NORTHING 761267.12,EASTING NORTHING 761283.56,EASTING NORTHING 761296.68,EASTING NORTHING 761308.18,EASTING NORTHING 761310.62,EASTING NORTHING 761311.43,EASTING NORTHING 761305.68,EASTING NORTHING 761286.81 ,FASTING NORTHING 761240.87,EASTING NORTHING 761200.68. EASTING NORTHING 7611'87.56 EASTING 565355.12 565349.56 565342.12 565337.OO 565331.00 565331.75 565344.75 565360.68 565383.31 565403.62 565422.93 565483.93 565631.75 565763.18 565774.31 NORTHING 761167.87. NORTHING 761133.37. NORTHING 761084.18 NORTHING 761037.37 NORTHING 760966.00 NORTHING 760881.50 NORTHING 760827.37 NORTHING 760806.87 NORTHING 760769.93 NORTHING 760737.93 NORTHING 760714.12 NORTHING 760665.75 NORTHING 760660.00 NORTHING 760635.37 NORTHING 760632.87 NORTHING 760612.37 NORTHING 760633.75 NORTHING 760687.06 NORTHING 760740.37 NORTHING 760769.93 NORTHING 760794.56 NORTHING 760877.37 NORTHING 760885.62 NORTHING 760980.81 NORTHING 761027.56 EASTING 565790.93 EASTING 565803.50 EASTING 565810.93 EASTING 565817.25 EASTING 565832.31 FASTING 565833.18 EASTING 565840.43 EASTING 565862.62 EASTING 565903.50 FASTI N G 5659;45.25 FASTING 565987.31 EASTING 566049.25 EASTING 566056.62 EASTING 566085.06 EASTING 566101.25 EASTING 566240.56 FASTING 566240.00 EASTI NG 566239.00 FASTING 566238.25 FASTING 566237.75 EASTING 566237.25 EASTING 566234.81 EASTING 566234.50 EASTI N G 566155.12 EASTING 566182.87 NORTHING 761074.31 ,EASTING NORTHING 761122.75,EASTING NORTHING 761174.43,EASTING NORTHING 761187.56,EASTING NORTHING 761228.56,EASTING NORTHING 761282.75,EASTING NORTHING 761336.87,FASTING NORTHING 761390.18,FASTING ; BCI/BCP SSA 3 566211.00 566231.68 566238.18 566237.37 566234.87 566232.81 566232.93 566232.93 STEWARDSHIP EASEMENT AGREEMENT EXHIBIT "D" GIS MAPPING DECRIPTION Offices strategically located to serve our c/lents 800.649.4336 Nap/es/Corporate Office 3200 Barley Lane, Suite 200 · Nap/es, Florida 34105 · 239.~49.4040 o Fax 239.643.5716 wllsonmlller, corn Wil$onMiller. Inc. ~ FL Lic./ L C-CO00170 W lspnMilleF New Directions In Planning, Design & Engineering DESCRIPTION OF LANDS LYING WITHIN SECTIONS 33, 34, 35, AND 36, TOWNSHIP 46 SOUTH, RANGE 30 EAST AND SECTIONS 1, 2, 3 AND 4, TOWNSHIP 47 SOUTH, RANGE 30 EAST, COLLIER COUNTY, FLORIDA. (AGRICULTURAL GROUP 1 AND AGRICULTURAL GROUP 2 DELINEATION WITHIN STEWARDSHIP SENDING AREA 3) SHEET 31 OF 38 POINT NUMBER 1345, NORTHING 761395.93. EASTING 566232.93 POINT NUMBER 1346, NORTHING 761443.56 EASTING 566233.06 POINT NUMBER 1347, NORTHING 761497.68 POINT NUMBER 1348, NORTHING 761551.00 POINT NUMBER 1349, NORTHING 761605.18 POINT NUMBER 1350, NORTHING 761658.50 POINT NUMBER 1351, NORTHING 761711.81 POINT NUMBER 1352, NORTHING 761765.18 POINT NUMBER 1353, NORTHING 761779.93 ,FASTING 566233.06 EASTING 566233.12 EASTING 566233.12 EASTING 566233.12 EASTING 566233.25 FASTING 566233.68 EASTING 566233.87 1354, NORTHING 761819.31 ,FASTING 566234.25 1355, NORTHI NG 761872.68,FASTING 566235.18 NORTHING 761926.00,FASTING 566236.43 NORTHING 761935.81 ,FASTING 566156.87 NORTHING 761898.06,FASTING 566153.43 POINT NUMBER POINT NUMBER POINT NUMBER 1356, POINT NUMBER 1357, POINT NUMBER 1358, POINT NUMBER 1359, NORTHING 761867.75,EASTING 566120.56 POINT NUMBER 1360, NORTHING 761853.81 ,EASTING 566049.25 POINT NUMBER 1361, NORTHING 761857.87,EASTING 565914.37 POINT NUMBER 1362, NORTHING 761859.50,FASTING 565860.56 POINT NUMBER 1363, NORTHING 761859.50,FASTING 565806.93 POINT NUMBER 1364, NORTHING 761859.50,EASTING 565717.18 POINT NUMBER 1365, NORTHING 761862.00,FASTING 565656.75 POINT NUMBER 1366, NORTHING 761863.62,FASTING 565603.25 POINT NUMBER 1367, NORTHING 761865.25,EASTING 565549.56 POINT NUMBER 1368, NORTHING 761867.75,EASTING 565496.06 POINT NUMBER 1369, NORTHING 761871.00,EASTING 565442.50 POINT NUMBER 1370, NORTHING 761876.75,EASTING 565389.25 POINT NUMBER 1371, NORTHING 761884.93,EASTING 565336.25 POINT NUMBER 1372, NORTHING 761897.25,FASTING 565283.93 POINT NUMBER 1373, NORTHING 761908.75,EASTING 565231.62 POINT NUMBER 1374, NORTHING 761919.43,EASTING 565179.00 POINT NUMBER 1375, NORTHING 761926.81 ,EASTING 565126.00 POINT NUMBER 1376, NORTHING 761928.43,EASTING 565072.43 POINT NUMBER 1377, NORTHING 761929.25,EASTING 565018.81 POINT NUMBER 1378, NORTHING 761929.25,EASTING 564965.18 POINT NUMBER 1379, POINT NUMBER 1380, POINT NUMBER 1381 POINT NUMBER 1382, POINT NUMBER 1383, POINT NUMBER 1384, POINT NUMBER 1385, POINT NUMBER 1386, POINT NUMBER 1387, POINT NUMBER 1388, POINT NUMBER 1389, POINT NUMBER 1390, POINT NUMBER 1391, POINT NUMBER 1392, 2/17/2004- 132599 Ver: 011- BSTOCKHAM 03786-000-000-. 0 NORTHING 761930.93,FASTING NORTHING 761935.81 ,EASTING , NORTHING 761940.75,EASTING NORTHING 761941.56,EASTING NORTHING 761942.37,FASTING NORTHING 761942.37,EASTING 564911.56 564858.18 564804.81 564751.25 564697.62 564643.93 NORTHING NORTHING NORTHING NORTHING NORTHING NORTHING NORTHING NORTHING 761942.37,EASTING 564590.31 761943.25,FASTING 564536.68 761942.37, EASTING 564483.12 761939.93,EASTING 564424.06 761917.81 ,EASTING 564386.43 761861.18,EASTI NG 564388.81 761813.56,EASTING 564390.43 761806.18,EASTfNG 564390.62 BCI/BCP SSA 3 .STEWARDSHIP EASEMENT AGREEMENT EXHIBIT "D' GIS MAPPING DECRIPTION Offices strategically located to serve our clients 800.649.4336 Nap/es/Corporate Office 3200 Barley Lane, Suite 200 o Nap/es, F/or/da 34105 ~ 239.649.4040 o Fax 239.643.5716 wi/sonm///er, com NfAR 2 3 20 DESCRIPTION OF LANDS LYING WITHIN SECTIONS 33, 34, 35, AND 36, TOWNSHIP 46 SOUTH, RANGE 30 EAST AND SECTIONS 1, 2, 3 AND 4, TOWNSHIP 47 SOUTH, RANGE 30 EAST, COLLIER COUNTY, FLORIDA. (AGRICULTURAL GROUP 1 AND AGRICULTURAL GROUP 2 DELINEATION WITHIN STEWARDSHIP SENDING AREA 3) SHEET 32 OF 38 POINT NUMBER 1393, POINT NUMBER 1394 POINT NUMBER 1395 POINT NUMBER 1396 POINT NUMBER 1397 POINT NUMBER 1398 POINT NUMBER 1399 POINT NUMBER 1400 POINT NUMBER 1401 POINT NUMBER 1402 POINT NUMBER 1403 POINT NUMBER 1404 POINT NUMBER 1405 POINT NUMBER 1406 POINT NUMBER 1407 POINT NUMBER 1408 POINT NUMBER 1409 POINT NUMBER 1410 POINT NUMBER 1411 POINT NUMBER 1412 POINT NUMBER 1413 POINT NUMBER 1414 POINT NUMBER 1415 POINT NUMBER 1416 POINT NUMBER 1417 POINT NUMBER 1418 POINT NUMBER 1419 POINT NUMBER 1420 POINT NUMBER 1421 POINT NUMBER 1422 POINT NUMBER 1423 POINT NUMBER 1424 POINT NUMBER 1425 POINT NUMBER 1426 POINT NUMBER 1427 POINT NUMBER 1428 POINT NUMBER 1429 POINT NUMBER 1430 POINT NUMBER 1431 POINT NUMBER 1432 POINT NUMBER 1433 POINT NUMBER 1434 POINT NUMBER 1435 POINT NUMBER 1436 POINT NUMBER 1437 POINT NUMBER 1438 POINT NUMBER 1439 POINT NUMBER 1440 Wils nMiller® ¥ New Directions In Planning, Design & Engineering NORTHING 761752.87 NORTHING 761678.18 NORTHING 761624.87 NORTHING 761605.18 NORTHING 761570.68 NORTHING 761517.37 NORTHING 761464.06 NORTHING 761410.75 NORTHING 761388.56 NORTH IN G 761357.37 NORTHING 761187.56 NORTHING 761170.31 NORTHING 761154.75 NORTHING 761102.25 NORTHING 761030.00 NORTHING 761002.93 NORTHING 760978.31 NORTHING 760918.43 NORTHING 760855.25 NORTHING 760818.31 NORTHING 760806.87 NORTHING 760785.50 NORTHING 760777.31 NORTHING 760777.31 NORTHING 760776.50 NORTHING 760775.68 NORTHING 760777.31 NORTHING 760769.93 NORTHING 760769.93 NORTHING 760753.50 NORTHING 760737.93 NORTHING 760687.06 NORTHING 760561.50 NORTHING 760512.31 NORTHING 760416.31 NORTHING 760403.18 NORTHING 760395.75 NORTHING 760393.31 NORTHING 760393.31 NORTHING 760386.75 NORTHING 760383.50 NORTHING 760372.81 NORTHING 760348.18 NORTHING 760168.50 NORTHING 760134.06 NQRTHING 760118.43 NORTHING 760116.00 NORTHING 760116.81 EASTING 564390.62 EASTING 564390.62 EASTING 564390.56 EASTING 564390.43 EASTING 564390.25 EASTING 564389.18 EASTING 564387.43 F. ASTING 564382.62 EASTING 564379.06 EASTING 564373.93 EASTING 564358.25 EASTING 564354.43 EASTING 564345.43 EASTING 564291.37 EASTING 564203.18 EASTING 564170.25 EASTING 564140.68 EASTING 564074.43 F_ASTING 564011.25 EASTI N G 563961.43 EASTING 563946.12 EASTING 563896.06 EASTING 563838.43 EASTING 5637.27.25 EASTING 563575.00 EASTING 563483.87 EASTING 563439.81 EASTING 563429.00 EASTING 563424.50 EASTI N G 563417.75 EASTING 563416.75 EASTING 563415.81 EASTING 563411.81 EASTING 563410.18 EASTING 563406.18 EASTING 563402.18 EASTING 563388.18 EASTING 563369.12 EASTING 563335.06 EASTING 563292.50 EASTING 563282.50 FASTING 563275.37 EASTING 563273.43 EASTING 563268.43 EASTING 563267.00 EASTING 563271.37 EASTING 563298.50 EASTING 563325.56 BCI/BCP SSA 3 .STEWARDSHIP EASEMENT AGREEMENT EXHIBIT "D" GIS MAPPING DECRIPTION Offices strategically located to serve our clients 800.649.4336 Nap/es/Corporate Office 3200 Bailey Lane, Suite 200 · Nap/es, Florida 34105 o 239.649.4040 · Fax 239.643.571~ wi/sonmi//er, corn WIIsonMiller, lnc. -- FL Lic. t LC-CO00170 HAR 2 3 200 Pg. //. / 14ql . nMilleF New Directions In Planning, Design & Engineering DESCRIPTION OF LANDS LYING WITHIN SECTIONS 33, 34, 35, AND 36, TOWNSHIP 46 SOUTH, RANGE 30 EAST AND SECTIONS 1,2, 3 AND 4, TOWNSHIP 47 SOUTH, RANGE 30 EAST, COLLIER COUNTY, FLORIDA. (AGRICULTURAL GROUP 1 AND AGRICULTURAL GROUP 2 DELINEATION WITHIN STEWARDSHIP SENDING AREA 3) SHEET 33 OF 38 POINT NUMBER 1441, NORTHING 760114.37,EASTING 563335.06 POINT NUMBER 1442, NORTHING 760106.93,EASTING 563375.62 POINT NUMBER 1443, NORTHING 760100.37,EASTING 563399.68 POINT NUMBER 1444, NORTHING 760089.75,EASTING 563414.75 POINT NUMBER 1445, NORTHING 760062.68,EASTING 563424.75 NORTHING 759597.43,EASTING 563424.75 NORTHING 759526.06,EASTING 563422.68 NORTHING 759517.06,EASTING 563420.81 NORTHING 759512.12,EASTING 563419.81 1446, 1447, 1448, 1449, 1450, 1451, 1452, 1453, 1454, 1455, 1456, 1457 1458 1459 1460 1461 1462 1463. 1464 1465 1466, 1467, 1468, 1469, 1470, 1471, 1472, 1473 1474 1475 1476 1477 1478 1479 1480 1481, 1482, 1483, POINT NUMBER POINT NUMBER POINT NUMBER POINT NUMBER POINT NUMBER POINT NUMBER POINT NUMBER POINT NUMBER POINT NUMBER POINT NUMBER POINT NUMBER POINT NUMBER POINT NUMBER POINT NUMBER POINT NUMBER POINT NUMBER POINT NUMBER POINT NUMBER POINT NUMBER POINT NUMBER POINT NUMBER POINT NUMBER POINT NUMBER POINT NUMBER POINT NUMBER POINT NUMBER POINT NUMBER POINT NUMBER POINT NUMBER POINT NUMBER POINT NUMBER POINT NUMBER POINT NUMBER POINT NUMBER POINT NUMBER POINT NUMBER POINT NUMBER POINT NUMBER POINT NUMBER 1484, POINT NUMBER 1485, POINT NUMBER 1486, POINT NUMBER 1487, POINT NUMBER 1488, Z/17/2OO4-132599 Vet. 01!- BSTOCKHAM 03786-000000-. 0 NORTHING 759503.06,EASTING 563410.68 NORTHING 759497.37,EASTING 563389.62 NORTHING 759494.06,EASTING 563367.62 NORTHING 759491.62,EASTING 563203.81 NORTHING 759488.31,EASTING 563150.37 NORTHING 759486.68,EASTJNG 563096.81 NORTHING 759486.68,EASTING 563043.18 NORTHING 759486.68,EASTING 562989.56 NORTHING 759490.75,F_.ASTING 562828.75 NORTHING 759491.62,EASTING 562496.06 NORTHING 759490.75,EASTING 562296.37 NORTHING 759490.75,EASTING 562291.50 NORTHING 759496.50,EASTING 562120.87 -NORTHING 759497.37,EASTING 562082.37 NORTHING 759505.56,EASTING 561755.62 NORTHING 759504.75,EASTING 561722.00 NORTHING 759504.75,EASTING 561666.50 NORTHING 759504.75,EASTING 561611.12 NORTHING 759503.93,EASTING 561555.75 NORTHING 759503.06,EASTING 561500.75 NORTHING 759502.25,EASTING 561446.31 NORTHING 759500.62,EASTING 561392.56 NORTHING 759500.62,EASTING 561338.93 NORTHING 759500.62,EASTING 561285.31 NORTHING 759499.81,FASTING 561247.25 NORTHING 759517.06,EASTING 561247.25 NORTHING 759517.06,EASTING 561072.25 NORTHING 759517.06,EASTING 560829.75 NORTHING 759534.25,EASTING 560829.75 NORTHING 759829.62,EASTING 560829.75 NORTHING 759845.25,EASTING 560829.75 NORTHING 759851.00,EASTING 560817.12 NORTHING 759855.06,EASTING 560759.25 NORTHING 759870.68,EASTING 560730.43 NORTHING 759889.56,EASTING 560713.12 NORTHING 759922.37,EASTING 560699.68 NORTHING 760143.87,EASTING 560703.18 NORTHING 760280.93,EASTING 560705.43 NORTHING 760317.81,EASTING 560699.68 BCI/BCP SSA 3 .STEWARDSHIP EASEMENT AGREEMENT EXHIBIT "D" G[S MAPPING DECRIPTION Offices strategically located to serve our c/lents 800.649.4338 Nap/es/Corporate Office 3200 Bailey Lane, Suite 200 · Naples, Florida 34105 o 239.649.4040 o Fax 239.643.57 w/Isonmi//er, corn NAR 23 200 _ i Wil nMiller New Directions In Planning, Design &, Engineering DESCRIPTION OF LANDS LYING WITHIN SECTIONS 33, 34, 35, AND 36, TOWNSHIP 46 SOUTH, RANGE 30 EAST AND SECTIONS 1, 2, 3 AND 4, TOWNSHIP 47 SOUTH, RANGE 30 EAST, COLLIER COUNTY. FLORIDA. (AGRICULTURAL GROUP 1 AND AGRICULTURAL GROUP 2 DELINEATION WITHIN STEWARDSHIP SENDING AREA 3) SHEET 34 OF 38 POINT NUMBER 1489, POINT NUMBER 1490 POINT NUMBER 1491 POINT NUMBER 1492 POINT.NUMBER 1493 POINT NUMBER 1494 POINT NUMBER 1495 POINT NUMBER 1496 POINT NUMBER 1497 POINT NUMBER 1498 POINT NUMBER 1499 POINT NUMBER 1500 POINT NUMBER 1501 POINT NUMBER 1502 POINT NUMBER 1503 POINT NUMBER 1504 POINT NUMBER 1505 POINT NUMBER 1506 POINT NUMBER 1507 POINT NUMBER 1508 POINT NUMBER 1509 POINT NUMBER 1510 POINT NUMBER 1511 POINT NUMBER 1512 POINT NUMBER 1513 POINT NUMBER 1514 POINT NUMBER 1515 POINT NUMBER 1516 POINT NUMBER 1517 POINT NUMBER 1518 POINT NUMBER 1519 POINT NUMBER 1520 POINT NUMBER 1521 POINT NUMBER 1522 POINT NUMBER 1523 POINT NUMBER 1524 POINT NUMBER 1525 POINT NUMBER 1526 POINT NUMBER 1527 POINT NUMBER 1528 POINT NUMBER 1529 POINT NUMBER 1530 POINT NUMBER 1531 POINT NUMBER 1532 POINT NUMBER 1533 POINT NUMBER 1534 POINT NUMBER 1535 POINT NUMBER 1536 NORTHING NORTHING NORTHING NORTHING NORTHING NORTHING NORTHING NORTHING NORTHING NORTHING NORTHING NORTHING NORTHING NORTHING NORTHING NORTHING NORTHING NORTHING NORTHING NORTHING NORTHING NORTHING NORTHING NORTHING NORTHING NORTHING NORTHING NORTHING NORTHING NORTHING NORTHING NORTHING NORTHING NORTHING NORTHING NORTHING NORTHING NORTHING NORTHING NORTHING NORTHING NORTHING NORTHING NORTHING NORTHING NORTHING NORTHING NORTHING r17/2004.132599 Vet:. 01!- BSTOCKHAM 760340.81 ,EASTING 560682.25 760376.06,EASTING 560621.62 760402.31 ,EASTING 560568.62 760440.06,EASTING 560530.12 760495.06,EASTING 560493.12 760561.50,EASTING 560476.50 760561.50,EASTING 560412.18 760561.50,EASTING 560412.18 760614.00,EASTING 560412.18 760617.31 ,EASTING 560476.06 760631.25,EASTING 560591.68 760595.18,EASTING 560774.12 760573.00,EASTING 560917.93 760623.06,EASTING 560995.37 760609.12,EASTING 561048.81 760578.75,EASTING 561049.43 760561.50,EASTING 561049.68 760523.75,EASTING 561050.56 760469.62,EASTING 561053.93 760417.93,EASTING 561061.43 760371.18,EASTING 561077.00 760352.31 ,FASTING 561102.62 760338.37,EASTING 561121.50 760317.81 ,EASTING 561173.12 760312.06,EASTING 561226.75 760304.68,EASTING 561280.56 760294.06,EASTING 561333.50 760262.06,EASTING 561375.75 760223.50. EASTING 561414.12 760217.75 760216.06. 760244.81 760271.87. 760300.62. 760317.00 760319.50 760315.37 760303,87 760292.37 760273.50 760262.06 760241.50 760212.81 760143.87 760143.87 760143.87 760143.87 760165.25 EASTING 561456.06 EASTING 561465.62 EASTING 561506.81 EASTING 561555.75 EASTING 561588.87 EASTING 561606.18 EASTING 561633.50 EASTING 561666.62 EASTING 561682.50 EASTING 561705.50 EASTING 561772.25 EASTING 561824.37 EASTING 561873.56 FASTING 561932.68 EASTING 562105.25 EASTING 562187.43 EASTING 562200.87 EASTING 562209.37 EASTING 562263.93 BCI/BCP SSA 3 .STEWARDSHIP EASEMENT AGREEMENT EXHIBIT "D" GIS MAPPING DECRIPTION Offices strategically located to serve our c/lents 800.649.4336 Nap/es/Corporate Off/ce 3200 Bailey Lane, Suite 200. Nap/es, Rorida 34105 · 239.649.4040 o F~x 239.643.5716 w//sonmi//er, corn WilsonMiller. Inc. -- FL LIc./ L C-CO00 ! 70 NAR 2 3 2004 W lsdnMiller® New Directions In Planning, Design & Engineering DESCRIPTION OF LANDS LYING wrl'l-IIN SECTIONS 33, 34, 35, AND 36, TOWNSHIP 46 SOUTH. RANGE 30 EAST AND SECTIONS 1, 2, 3 AND 4, TOWNSHIP 47 SOUTH, RANGE 30 EAST, COLLIER COUNTY, FLORIDA. (AGRICULTURAL GROUP 1 AND AGRICULTURAL GROUP 2 DELINEATION WITHIN STEWARDSHIP SENDING AREA 3) SHEET 35 OF 38 POINT NUMBER 1537, POINT NUMBER 1538, POINT NUMBER 1539, POINT NUMBER 1540, POINT NUMBER 1541, POINT NUMBER 1542, POINT NUMBER 1543, POINT NUMBER 1544, POINT NUMBER 1545, POINT NUMBER 1546, POINT NUMBER 1547, POINT NUMBER 1548, POINT NUMBER POINT NUMBER POINT NUMBER POINT NUMBER POINT NUMBER POINT NUMBER POINT NUMBER POINT NUMBER POINT NUMBER POINT NUMBER POINT NUMBER NORTHING 760250.56,EASTING 562266.81 NORTHING 760380.18,EASTING 562268.87 NORTHING 760433.50,EASTING 562271.93 NORTHING 760486.87,EASTING 562275.00 NORTHING 760540.18,EASTING 562277.56 NORTHING 760594.31 ,EASTING 562279.12 NORTHING 760647.68,EASTING 562281.37 NORTHING 760715.75,EASTING 562285.06 NORTHING 760737.93,EASTING 562291.18 NORTHING 760772.37,EASTING 562300.56 NORTHING 760788.81,EASTING 562317.37 NORTHING 760793.68,EASTING 562345.50 1549, NORTHING 760792.87,EASTING 562385.56 1550, NORTHING 760790.43,EASTING 562433.75 1551, NORTHING 760789.62,EASTING 562472.12 1552, NORTHI N G 760789.62, EASTI NG 562499.75 1553, NORTHING 760785.50,EASTING 562499.75 1554, NORTHING 760798.62,EASTING 562556.25 1555, NORTH'ING 760824.06,EASTING 562596.12 1556, NORTHING 760879.06,EASTING 562594.81 1557, NORTHING 760934.81 EASTING 562592.56 1558, NORTHING 760978.31 EASTING 562592.56 1559, NORTHING 760988.18 EASTING 562592.56 POINT NUMBER 1560, NORTHING 761041.50 EASTING 562592.62 POINT NUMBER 1561, NORTHING 761095.62 EASTING 562592.62 POINT NUMBER 1562, NORTHING 761149.00 EASTING 562592.62 POINT NUMBER 1563, NORTHING 761203.12 EASTING 562592.75 POINT NUMBER 1564, NORTHING 761256.50 EASTING 562592.87 POINT NUMBER 1565, NORTHING 761309.81 EASTING 562592.87 POINT NUMBER 1566, NORTHING 761363.93,EASTING 562592.43 POINT NUMBER 1578, POINT NUMBER 1579, POINT NUMBER 1580, POINT NUMBER 1581 POINT NUMBER 1582, POINT NUMBER 1583, POINT NUMBER 1584, POINT NUMBER 1567, NORTHING 761395.93,EASTING 562592.00 POINT NUMBER 1568, NORTHING 761425.50,EASTING 562591.75 POINT NUMBER 1569, NORTHING 761446.81,EASTING 562917.56 POINT NUMBER 1570, NORTHING 761469.00,EASTING 563253.93 POINT NUMBER 1571, NORTHING 761528.87,EASTING 563238.75 POINT NUMBER 1572, NORTHING 761582.18,EASTING 563229.25 POINT NUMBER 1573, NORTHING 761605.18,EASTING 563227.06 POINT NUMBER 1574, NORTHING 761635.56,EASTING 563224.18 POINT NUMBER 1575, NORTHING 761693.00,EASTING 563222.50 POINT NUMBER 1576, NORTHING 761740.56,F_ASTING 563235.93 POINT NUMBER 1577, NORTHING 761762.68,EASTING 563282.87 NORTHING 761778.31,F_AST1NG 563337.43 NORTHING 761795.56,EASTING 563388.75 NORTHING 761813.56,EASTING 563431.87 , NORTHING 761813.56,EASTING 563437.75 NORTHING 761848.87,EASTING 563480.31 NORTHING 761881.68,EASTING 563522.68 NORTHING 761897.25,EASTING 563543.87 BCI/BCP SSA 3 STEVVARDSHIP EASEMENT AGREEMENT ,. EXHIBIT "D" GIS MAPPING DECRIPTION Offices strategically located to serve our clients 800.$49.4336 Nap/es/Corporate Office 3200 Bailey Lane, Suite 200 e Naples, Rot/da 34105 o 239649.4040 · Fax 239.643.571, wi/sonmil/er, corn Wil$onMillar, lnc, -- FL Lic.~ LC'CO00?70 AOENOA ITEM 2 3 200,.,. Wils nMiller New Oirections In Planning, Design & Engineering DESCRIPTION OF LANDS LYING WITHIN SECTIONS 33, 34, 35, AND 36, TOWNSHIP 46 SOUTH, RANGE 30 EAST AND SECTIONS 1, 2, 3 AND 4, TOWNSHIP 47 SOUTH, RANGE 30 FAST, COLLIER COUNTY, FLORIDA. (AGRICULTURAL GROUP 1 AND AGRICULTURAL GROUP 2 DELINEATION WITHIN STEWARDSHIP SENDING AREA 3) SHEET 36 OF 38 POINT NUMBER 1585 POINT NUMBER 1586 POINT NUMBER 1587 POINT NUMBER 1588 POINT NUMBER 1589 POINT NUMBER 1590 POINT NUMBER 1591 POINT NUMBER 1592 POINT NUMBER 1593 POINT NUMBER 1594 POINT NUMBER 1595 POINT POINT POINT POINT POINT POINT POINT POINT POINT POINT POINT NUMBER 1596 NUMBER 1597 NUMBER 1598 NUMBER 1599 NUMBER 1600 NUMBER 1601 NUMBER 1602 NUMBER 1603 NUMBER 1604 NUMBER 1605 NUMBER 1606. POINT NUMBER 1607 POINT NUMBER 1608 POINT NUMBER 1609 POINT NUMBER 1610 POINT NUMBER 1611 POINT NUMBER 1612 POINT NUMBER 1613 POINT NUMBER 1614 POINT NUMBER 1615 POINT NUMBER 1616 POINT NUMBER 1617 POINT NUMBER 1618 POINT NUMBER 1619 NORTHING 761913.68,EASTING NORTHING 761948.93,EASTING NORTHING 761987.50,EASTING NORTHING 762022.81 ,EASTING NORTHING 762031.81 ,EASTING NORTHING 762081.06,EASTING NORTHING 762134.37,EASTING NORTHING 762187.75,EASTING NORTHING 762241.06,EASTING NORTHING 762294.37,EASTING NORTHING 762440.43,EASTING NORTHING 762549.56,EASTING NORTHING 762567.62,EASTING NORTHING 762584.00,EASTING NORTHING 762599.62 EASTING NORTHING 762614.37 NORTHING 762627.5Q NORTHING 762640.62 NORTHING 762641.43 NORTHING 762640.62 NORTHING 762644.75 NORTHING 762648.81 NORTHING 762653.75 NORTHING 762671.00 NORTHING 762709.56 563565.43 563606.43 563643.18 563667.5O 563673.62 563694.12 563705.12 563710.43 563712.00 563714.56 563714.75 563714.87 563665.75 563612.81 563557.75 EASTING 563501.87 EASTING 563446.87 EASTING 563394.18 EASTING 563340.50 EASTING 563286.68 EASTING 563233.25 EASTING 563179.81 EASTING 563126.37 FASTING 563048.75 EASTING 563021.25 NORTHING 762766.18,EASTING NORTHING 762818.68,EASTING NORTHING 762872.00,FASTING NORTHING 762923.68,EASTING NORTHING 762974.56,EASTING NORTHING 763026.25,EASTING NORTHING 763077.12,FASTING NORTHING 763193.62,EASTING NORTHING 763349.56,EASTING NORTHING 763484.12,EASTING NORTHING 763696.62,EASTING NORTHING 764145.43,EASTING POINT NUMBER 1620 POINT NUMBER 1621 POINT NUMBER 1622 NORTHING 764578.62,EASTING THENCE SOUTH 58"53'45" WEST 34.96 FEET TO THE PARCEL HEREIN DESCRIBED (POINT NUMBER 1048) CONTAINING 335 ACRES MORE OR LESS. 563013.43 563004.00 562994.50 562980.75 562965.37 562949.12 562934.06 562917.56 562895.62 562864.62 562815.81 562661.12 562511.62 ,! POINT OF BEGINNING OF PARCEL "D" OF THE NORTHING 764560.56,EASTING 562481.68; AGRICULTURAL GROUP 1 CONTAINS 1079 NET ACRES MORE OR LESS. AGRICULTURAL GROUP 2 LANDS: THOSE LANDS DESCRIBED IN STEWARDSHIP SENDING AREA 3 OF THE STEWARDSHIP EASEMENT AGREEMENT EXHIBIT "A" 0NILSONMILLER DRAWING NUMBER 2H-26) CONTAINING 3196 ACRES MORE OR 117/2004-132599 Ve~ 01!- BSTOCKHAM CA~43 03786-0~O-00~. 0 BCI/BCP SSA 3 .STEWARDSHIP EASEMENT AGREEMENT EXHIBIT "D" GIS MAPPING DECRIPTION Offices strategically located to serve our c/lents 800.649.4336 Naple,~Corpprate Office 3200 Barley Lane, Suite 200 * Nap/es, Florida 34105 · 239.649.4040 · Fax 239.643.571 wil$onmiller, corn Wil$o~Miller, lnc. -- FL Lic./ LC-CO00170 AGENDA ITF-J~. /% HAR 2 3 ,,._ 11.5" J4qlsdnMilleF New Oirections In Planning, Design & Engineering DESCRIPTION OF LANDS LYING WITHIN SECTIONS 33, 34, 35, AND 36, TOWNSHIP 46 SOUTH, RANGE 30 EAST AND SECTIONS 1, 2, 3 AND 4, TOWNSHIP 47 SOUTH, RANGE 30 EAST, COLLIER COUNTY, FLORIDA. (AGRICULTURAL GROUP 1 AND AGRICULTURAL GROUP 2 DELINEATION WITHIN STEWARDSHIP SENDING AREA 3) SHEET 37 OF 38 LESS, LESS THOSE LANDS DESCRIBED ABOVE AS "AGRICULTRUAL GROUP i LANDS" C'(~NTAINING 1079 ACRES MORE OR LESS. AGRICULTURAl GROUP 2 CONTAINS 2117 NETACRES MORE OR LESS. SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. BEARINGS ARE BASED ON THE BEARINGS ARE BASED ON THE WEST LINE OF SAID SECTION 33 PER THE COLLIER SURVEY NORTH 00"45'07" WEST. SATEMENT OF DEFINITION, ACCURACY AND COORDINATE BASIS 1. DEFINITION: A. THE EXTERIOR BOUNDS OF S.S.A. 3 ARE BASED ON STEWARDSHIP EASEMENT AGREEMENT EXHIBIT "A"(REFERENCE WILSONMILLER DRAWING NUMBER 2H-46). B. THE INTERIOR LINES DEPICTED IN THIS SKETCH REPRESENT THE DELINEATION BETWEEN AGRICULTURAL GROUP 1 (LAND USE LAYER 5) AND AGRICULTURAL GROUP 2 (LAND USE LAYER 7) AS DEFINED IN SECTION 2.2.27.9.B.4 OF THE RURAL LANDS STEWARDSHIP AREA (RLSA) LAND DEVELOPMENT CODE AMENDMENTS. 2. ACCURACY: A. THESE LINES ARE BASED ON INTERPRETATIONS FROM AERIAL PHOTOGRAPHS HAVING THE FOLLOWING PARAMETERS: 1. DATE OF PHOTOGRAPHY: 4/23/03 , ?' 2. NEGATIVE SCALE: 1:36000 ~ ~ 3. PIXEL DIAMETER: 2.5' 4. TARGET SCALE: 1"=500' 5. SCALE NOT TO EXCEED 1"=500'. 6. THIS IMAGERY HAS NOT BEEN ORTHO CORRECTED IN ORDER TO MEET MINIMUM TECHNICAL STANDARDS OR NATIONAL MAP ACCURACY STANDARDS.` 7. VERTICAL ELEVATION CHANGES WILL CAUSE HORIZONTAL DISPLACEMENT. EVERY EFFORT HAS BEEN MADE TO MINIMIZE THIS EFFECT FOR CRITICAL FEATURES. 8. IN AREAS WHERE TALL STRUCTURES OR TREES LEAN TO OBSTRUCT FEATURES, EXPOSURES WERE MOSAICKED IN AN EFFORT TO MINIMIZE THE EFFECT. 9. THIS PRODUCT IS SIMILAR IN ACCURACY TO RECTIFIED ENLARGEMENTS, EXCEPT PROVIDED IN A DIGITAL FORMAT. B. BASED ON THESE PARAMETERS, THE LINES DEPICTED IN THIS DIGITAL FILE HAVE AN ESTIMATED POSITIONAL ACCURACY OF +/- 20 FEET. C. MINOR DIFFERENCES IN POSITION AND ACREAGE~ BETWEEN THIS DESCRIPTION AND OTHER FORMATS CAN BE.A3-rRIBUTED TO COORDINATE PROJECTION AND SOFTWARE ACCURACY PARAMETERS. 3. COORDINATE BASIS: THE LINES DEPICTED HEREON ARE BASED ON THE FLORIDA STATE PLANE COORDINATE SYSTEM, FLORIDA EAST ZONE, NORTH AMERICAN DATUM 83, GRSS0, US SURVEY FEET. BRADLEY E. S3fOCKHAM, P.S.M. LS # 6390 WILSONMILLER, INC. REGISTERED ENGINEERS AND LAND SURVEYORS. NOT VALID WITHOUT THE SIGNATURE AND ORIGINAL RAISED SEAL OF A PROFESSIONAL SURVEYOR AND MAPPER. BCI/BCP SSA 3 · STEWARDSHIP EASEMENT AGREEMENT EXHIBIT "D" GIS MAPPING DECRIPTION 2/17/2004- 132599 Va': 01!- BSTOCKHAM ~,~ Offices strategically located to serve our c/lents 800.849.4336 03786-000-000- - 0 Nap/es/Corporate Office 3200 Bailey Lane, Suite 200 · Nap/es, F/or/da 34105 o 239.649.4040 · Fax 239.64~ wi/sonmi//er, corn I'4AR 2 3 2004 5716 Wils nMilleF New Directions In Planning, Design & Engineering DESCRIPTION OF LANDS LYING WITHIN SECTIONS 33, 34, 35, AND 36. TOWNSHIP 46 SOUTH, RANGE 30 EAST AND SECTIONS 1.2. 3 AND 4. TOWNSHIP 47 SOUTH, RANGE 30 EAST, COLLIER COUNTY. FLORIDA. (AGRICULTURAL GROUP I AND AGRICULTURAL GROUP 2 DELINEATION WITHIN STEWARDSHIP SENDING AREA 3) SHEET 38 OF 38 NOT BASED ON FULL SURVEY OF SUBJECT LANDS. CERTIFICATE OF AUTHORIZATION # LB-43 REF. 2H-50 7~004-1325gg Vet. 01!- BSTOCKHAM ; BCI/BCP SSA 3 STEWARDSHIP EASEMENT AGREEMENT EXHIBIT "D" GIS MAPPING DECRiPTION Offices strategically located to serve our clients 800.649.4336 Nap/es/Corporate Off/ce 3200 Bailey Lane, Suite 200 ,, Naples, F/or/da 34105 o 239.649.4040 · Fax 239.643.571~ wi/sonml//er, corn AC~NOA ITF-~ MAR 2 3 2004 zzZ~ · ~' - '.-.'.'.'.'.'.'.'.'.'.;.~_~.E ~.-...-.'.-.......'...-.-.'~ fY',' ::i:i:i:i:i:i:i:i:i:i:i:i:i:i:!:i:!:i:i:i¢. ~:::::::::~""'"'"""~ ~.>~.~.~.~.2.>~.>>>>>>>~.>>~.~:.q~'-'.'.'- ...........,......:.....................~ '.~'. :.~:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:... .:~<.>~.>~.>~.~.>>. · ::::::::::::::::::::::::: zoo gg'u6gE F- z . ',d~,~g~l. ' .'. '.' .'.'.'.'.-.-.-.a'. ::::::::::::::::::::::~ :::::::::::::::::::::::::::: BC~/'BCP SSA STEWARDSHIP EASEMENT AGR£EM£N EXHIBIT /SCALE: ]' : 1000'- ~c~c BCI/BCP SSA J ] STEWARDSHIp EASEMENT ACR££1d~NT EXHIBIT "D" -H ......................... o88ooo88~88o~8o~oo8 ........................ oqooooooooo~ STEWARDSHIP F_ASEA4ENT AGREEMENT EXHIBIT BCABCP SSA 3 Exhibit F FSA\HSA Lands M^.~ 2 3 2oo~ RESOLUTION 2004- A RESOLUTION OF THE COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS DESIGNATING 1239.92 ACRES IN THE RURAL LAND STEWARDSHIP AREA ZONING OVERLAY DISTRICT AS A STEWARDSHIP SENDING AREA WITH A DESIGNATION AS "BCI/BCP SSA 4," APPROVING A STEWARDSHIP SENDING AREA CREDIT AGREEMENT FOR BCI/BCP SSA 4, AND ESTABLISHING THE NUMBER OF STEWARDSHIP CREDITS GENE~RATED BY THE DESIGNATION OF SAID STEWARDSHIP SENDING AREA WHEREAS, Barron Collier Investments Ltd., a Florida limited Partnership ("BCI") and Barron Collier Partnership, a Florida general partnership ("BCP") (herein jointly referred to as "Owner") own approximately one thousand two hundred and thirty-nine and ninety-two hundredths (1239.92) acres located within the boundaries of the Rural Lands Stewardship Areas Zoning Overlay District ("RLSA District") located in Collier County, Florida; and WHEREAS, Owner has voluntarily requested that said land be designated as a Stewardship Sending Area ("SSA") in accordance with, and pursuant to Section 2.2.27.9 of the Collier County Land Development Code ("LDC"); and WHEREAS, Owner has submitted a SSA Designation Application ("Application") for the BCI/BCP SSA 4 land; and WHEREAS, Collier County Staff has reviewed the Application, along witl~ support documentation and information required by Section 2.2.27 of the LDC, and determined that the Application is legally sufficient; and WHEREAS, the Collier County Board of County Commissioners ("Board") has determined the BCI/BCP SSA 4 Stewardship Credit Agreement is in compliance with, and meets the requirements of the LDC, and is in substantial benefit to the general public. NOW, THEREFORE, be it resolved by the Board that: BCI/BCP SSA 4, as described in attached Exhibit "A", approximately one thousand two hundred and thirty-nine and hundredths (1239.92) acres is hereby designated as a St consisting of MAR 2 3 2004 - Sending Area ("SSA"), and will be officially designated as "BCI/BCP SSA 4" on the Official Zoning Atlas Map. The BCI/BCP SSA 4 Stewardship Credit Agreement, attached hereto as Exhibit "B", meets the requirements of Section 2.2.27.9 of the LDC and the Board hereby approves the BCI/BCP SSA '4 Stewardship Credit Agreement. The Board hereby establishes, grants and assigns one thousand six hundred and seventy-six and seven tenths (1676.7) Stewardship Credits to the Owner, which may be sold, transferred, or otherwise'utilized by the Owner in accordance with Section 2.2.27 of the LDC. o The Board further approves and authorizes the acceptance of the Stewardship Easement Agreement for the BCI/BCP SSA 4 lands. 5 By its designation of the lands described in Exhibit "A" as a Stewardship Sending Area, the County shall not hereafter grant or approve any increase in the density or additional uses beyond those uses specifically authorized in the BCI/BCP SSA 4 Credit Agreement. THIS RESOLUTION ADOPTED this 23rd day of March, 2004, after a Motion, seconded, and majority vote favoring same. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA ATTEST: DWIGHT E. BROCK By: , Deputy Clerk Donna Fiala, Chairman Approved as to form and ncy: By: Patrick G. White Assistant County Attorney F:\wpdocs\LIT~GLV~New Town DevelopmenBAve Maria\Legal Docs\Resolution 2004 2-5-04 (4).doc AOE3NDA ITF,~ M~R23200~ ~ BCI-BCP SSA 3 AND 4 DESCRIPTION AGREEMENT THIS BCI-BCP SSA 3 AND 4 DESCRIPTION AGREEMENT (hereinafter ~'eferred to as the "Agreement") is made and entered into this day of March, 2004 by and between COLLIER COUNTY, a political subdivision of the State of Florida (hereinafter referred to as "County") whose mailing address is the Harmon Turner Building, 3301 East Tamiami Trail, Naples, Florida 34112, and BARRON COLLIER INVESTMENTS LTD., a Florida Limited Partnership ("BCr') and BARRON COLLIER PARTNERSHIP, a Florida General Partnership ("BCP") (hereinafter-individually and jointly referred to as "Owner") whose mailing addresses are 2600 Golden Gate Parkway, Naples, Florida 34105, is for the purpose of addressing the contingency of the descriptions of land utilized in the SSA 3 and 4 Designations being held invalid by a court of law. RECITALS WHEREAS, on October 22, 2002, The Collier County Board of County Commissioners adopted Collier County Rural Land Stewardship Area Overlay Growth Management Plan Goals, Objectives and Policies which established the Rural Land Stewardship Area Overlay District ("RLSA Overlay"); and WHEREAS, the RLSA Overlay was adopted as an innovative program designed to preserve natural resource areas, to protect agricultural lands, and to direct growth to suitable locations, which Program relies principally on an incentive based program to protect natural resources; and WHEREAS, the RLSA Overlay includes an RLSA Overlay Map and a National Resources Index Map Series; and WHEREAS, both the RLSA Overlay Map and RLSA Natural Resources Index Map were prepared using ESRI Geographic Information System Software ("GIS"); and WHEREAS, Owner has asked County to establish four Stewardship Sending Areas ("SSAs") on land owned by Owner; and WHEREAS, County has designated as SSAs BCI-BCP SSAs 1 through 4, inclusive as SSAs, and provided.Owner with Stewardship Credits as a result of such designation; and WHEREAS, Section 2.2.27.9.C.5. of the Collier County Land Development Code requires that Owner enter into a Stewardship Credit Agreement with the County as to any lands designated as a SSA; and WHEREAS, Owner and County have entered into a Stewardship Credit Agreement BCI-BCP SSAs 1 through 4, which Stewardship Credit Agreements contain a metes and legal description of lands within SSAs 1 through 4; and Pa~ for ~ound~C.~-NO~(~ ~ 2 3 200t WHEREAS, differing Land Use Layers have been removed on different parcels of land within BCI-BCP SSAs 3 and 4; and WHEREAS, Owner has utilized descriptions of areas within SSAs 3 and 4 where differing Land Use Layers have been removed based on said GIS Mapping; and WHEREAS, the various professionals that might review the area where differing Land Use Layers have been removed have determined that said GIS Mapping description is a more useful description than a metes and bounds description; and WHEREAS, the parties wish to address the contingency that said GIS Mapping description would be found invalid as a legal description in a court of law. WITNESSETH NOW THEREFORE, in consideration of $10.00, and the covenants, conditions and agreements contained herein, and other good and valuable consideration, the parties agree as follows: 1. The Recitals are true and correct and incorporated herein by reference as if repeated verbatim herein. 2. By its adoption of Resolution 04-__, the County has designated as Stewardship Sending Areas BCI-BCP Stewardship Sending Areas 1, 2, 3 and 4 inclusive, pursuant to the requirements of the RLSA Overlay District and the relevant provisions of Section 2.2.27.9 of the Collier County Land Development Code. 3. Owner has provided a digitized description ("GIS Mapping") of areas within BCI- BCP SSAs 3 and 4 on which differing Land Use Layers have been removed. 4. Within BCI-BCP SSAs 3 and, the mapping methodology to establish different land use layer boundaries was intended to delineate and digitize identifiable site features such as ditches, berms, or farm field edges on aerial photographs with 2.5' pixels using ESRI Geographic Information Systems software. These digitized lines are expressed in Florida State Plane Coordinate System, Florida East Zone, NAD 83, GRS80, and can be accurately translated to a metes and bounds legal description. The digitized lines represent the existing site conditions as of the date of the aerial photograph (April, 2003). 5. The parties have determined that the GIS Mapping description is more useful to the County staff, other agencies, and interested parties than a metes and bounds legal description. The parties realize that it would be a disincentive to the RLSA Program to require a metes and bounds legal description because of the cost. ~,~ 2 3 20~/1 ~age2of4 12f¢ I 6. In the event the County takes any legal action to enforce the requirements of the Stewardship Credit Agreement or the Stewardship Easement Agreement for BCI-BCP SSAs 3 or 4, and a court of competent jurisdiction determines the GIS Mapping description of the land utilized therein is unenforceable as an adequate description of those parts of SSAs 3 and 4 on which different Land Use Layers have been removed as detailed i'n said Stewardship Credit Agreement and Stewardship Easement Agreement, Owner agrees, at its sole expense, to have a metes and bounds legal description prepared and recorded in the Public Records of Collier County as replacement for the GIS Mapping description. Said replacement metes and bounds descrii~tion shall relate back to the date of said Stewardship Credit Agreement and Stewardship Easement Agreement as if attached thereto as of the date of said Agreements. The replacement metes and bounds description shall be recorded withiri thirty days of said court entering an order stating that the GIS Mapping description is not a sufficient legal description and Owner shall take any and all actions necessary to comply with the Order of the Court. 7. This Agreement shall only be modified or amended by the mutual written consent of the parties hereto or by their successors and interests. 8. The obligations of this Agreement shall be binding upon and the benefits of this Agreement shall inure to all successors in interests to the parties to this Agreement. 9. Failure to comply with the terms and conditions hereof shall entitle the County to all legal and equitable remedies, including an action for injunctive relief in the Circuit Court of Collier County to enforce the terms of this Agreement. ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: Deputy Clerk By: Approved as to form and Patrick G. White Assistant County Attorney Donna Fiala, CHAIRMAN MAR 2 3 200q ~age 3 of 4 ,,.. ! BARRON COLLIER PARTNERSHIP By: Naiile- BARRON COLLIER INVESTMENTS LTD. By: Name: STATE OF FLORIDA COUNTY OF COLLIER Before me, a Notary Public, the foregoing instrument was sworn to, subscribed and acknowledged this day of February, 2004 by as of BARRON COLLIER PARTNERSHIP' and who is personally known to me or who produced as identification. (SEAL) Notary Public Printed Name: Commission No.: My Commission Expires: STATE OF FLORIDA COUNTY OF COLLIER Before me, a Notary Public, the foregoing instrument was sworn to, subscribed and acknowledged this day of February, 2004 by as of BARRON COLLIER INVESTMENTS, LTD. and who is personally known to me or who produced as identification. (SE kL) Notary Public Printed Name: Commission No.: my Commission Expires: F:\wpdocs~LIT~GLVXNew Tom Development'~Ave Marla'~Legal DocsXBCI-BCP De~criptAgrmt I.wpd STEWARDSHIP SENDING AREA CREDIT AGREEMENT (BCI/BCP SSA 4) THIS STEWARDSHIP SENDING AREA CREDIT AGREEMENT (hereinafter referred to as the "Agreement") is made and entered into this ~ day. of ,2004, by and between COLLIER COUNTY, a political subdivision of the State of Flbrida, hereinafter referred as "County" whose mailing address is the Harmon Turner Building, 3301 East Tamiami Trail, Naples, Florida 34112, and Barron Collier Investments, Ltd., a Florida Limited Partnership CBCI") and' Barron Collier Partnership, a Florida General Partnership ("BCP"), hereinafter individually and jointly referred to as "Owner", whose mailing addresses are 2600 Golden Gate Parkway, Naples, Florida 34105, for the purpose of designating a "Stewardship Sending Area" ("SSA") on certain lands, referred belonging to Owner, eliminating Land Use Layers from said lands, and assigning to Owner Stewardship Credits, all pursuant to Section 2.2.27. of the Collier County Land Development Code. WITNESSETH: WHEREAS, BCI and BCP are the owner of approximately 5286.18 acres of land in four (4) separate locations within the boundaries of the Rural Lands Stewardship Area Zoning Overlay District ("RLSA District") located in Collier County, Florida, which land is the subject of a Stewardship Sending Area Application (Application AR-4359) filed by Owner with Collier County, Florida; and WHEREAS, Owner has voluntarily requested that of the approximately 5,286.18 acres, a 1239.92 acre parcel legally described in attached Exhibit "A" (hereinafter referred to as "BCI/BCP SSA 4") and depicted on Exhibit "B" be designated as a Stewardship Sending Area in accordance with and pursuant to Section 2.2.27.9. of the Collier County Land Development Code ("LDC"); and WHEREAS, Owner has submitted, and the County has reviewed, a SSA Designation Application filed with the County on June 18, 2003 for the BCI/BCP SSA 4 land described in Exhibit" "' A , and WHEREAS, Collier County has reviewed the SSA Designation Application, along with all support documentation and information required by Section 2.2.27 of the Collier County Land Development Code and determined that the Owner's application is legally sufficient and should be granted; and WHEREAS, the County and Owner have reached agreement concerning the number of Stewardship Credits that are to be generated by the designation of the BCI/BCP SSA 4 described in Exhibit "A" as an SSA, and the parties further intend to specify the land uses that are eliminated from, and those land uses that remain on, BCI/BCP SSA 4; and WHEREAS, the County and Owner agree that this Agreement is in compliance with and fully meets the requirements of the Collier County Growth Management Plan and substantial benefit to the general public. ~..____~ _..~ MAR 2 3 20att 1 NOW THEREFORE in consideration of the above premises and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, and in further consideration of the mutual covenants contained herein, the parties agree as f~)llows: 1. Land Designated as SSA. : BCI/BCP SSA 4 as described in Exhibit "A", consisting 6f approximately 1239.92 acres, is hereby designated a Stewardship Sending Area ("SSA"), and officially designated as BCI/BCP Stewardship Sending Area 4 (BCI/BCP SSA 4). 2. Land Use Layers. The following Land Use Layers as described in the Land Use Matrix in Section 2.2.27.9.B.4. of the Collier County LDC are hereby eliminated from and prohibited within the BCI/BCP SSA 4: BCI/BCP SSA 4 is within the Big Cypress Area of Critical State Concern. One hundred ninety-eight and eighteen hundredths (198.18) acres of BCI/BCP SSA 4 are within a Flowway Stewardship Area ("FSA") and one thousand forty-one and seventy-four hundredths (1041.74) acres are within a Habitat Stewardship Area ("HSA"). Within BCI/BCP SSA 4, Land Use Layers 1-4, inclusive, as described in Section 2.2.27.9.B.4. of the LDC, are hereby eliminated on six hundred fifty-four and one hundredths (654.01) acres. The remaining land use layers, that is Agriculture - Group 1, Agriculture - Support Uses, and Agriculture - Group 2, are permitted to continue and may convert from one type of Agriculture to another or convert to Agriculture - Support Uses and expand to the limits of areas depicted on Exhibit "C" for Agriculture Group 1 Uses. No conversion of Agriculture 2 to Agriculture - Group 1 shall be allowed beyond those land uses in existence or on areas depicted as Agriculture - Group 1 on Exhibit "C". Within BCI/BCP SSA 4, Land Use Layers 1-6, inclusive, are hereby eliminated on five hundred eighty- five and ninety-one hundredths (585.91) acres. The remaining Land Use Layer, that is Agriculture - Group 2, as depicted on Exhibit "C", cannot be converted to Agriculture - Group 1 from and after the designation of such land as a SSA. thousand six hundred seventy-six and seven tenths (1676.7) Stewardship C may be sold, transferred, or otherwise utilized by the Owner in accordance 2.2.27. of the Collier County Land Development Code. 3. Natural Resource Index Assessment. A Natural Resource Index Assessment Worksheet ("Worksheet") for BCI/BCP SSA 4 described in Exhibit "A" is attached to this Agreement as Exhibit "D". The Worksheet (Exhibit "D") quantifies the number of acres by Index Values, sets forth the level of conservation, and establishes the number of Stewardship Credits generated. In addition, the Worksheet quantifies the number of Early Entry Bonus (~redits generated by the designation of BCI/BCP SSA Four. The number of Stewardship Credits hereby generated and assigned to Owner by this Agreement for BCI/BCP SSA 4 land are one redits~ which with ,ffirg't~'rr~ .~'~ ]j HAR 2 3 2004 4. Exchange Rate. The Stewardsl~ip Credits generated and assigned for the establishment of the SSA on BCI/BCP SSA 4 herein may be transferred to a Stewardship Receiving Area (SRA) in exchange for the development of land at the rate of eight Stewardship Credits for the development of one acre of land in a SRA. : 5. Land Management Measures. On lands within BCI/BCP SSA 4 on which Land Use Layers 1-6 have been eliminated, land management measures will be those customarily utilized in ranching operations in Southwest Florida. These customary measures may include prescribed burning, mechanical brush control ("chopping") and other exotic and nuisance species control, fence construction and maintenance, selective thinning of trees, and ditch and ranch road maintenance. On those lands within Owner's Area Four land, on which Land Use Layers 1-4 have been eliminated, the measures listed above may be utilized. In addition, the following measures may be utilized: disking; planting; irrigation and ditch, dike, and pumping construction and maintenance; fertilizer, disease, and insect control applications; mowing and other exotic and nuisance species control measures; farm road construction and maintenance; and other practices customarily associated with farming vegetables or citrus in Southwest Florida. 6. References. The references herein to the LDC prOvisions are those contained in Section 2.2.27. of the Collier County Land Development Code existing as of the date this Agreement becomes effective and those provisions of the LDC shall control as to the rights, obligations, implementation or interpretations of this Agreement and rights of Owner in the BCI/BCP SSA 4. 7. Layers Included. The retention of any Land Use Layer also includes the retention of all Land Use Layers that are less intensive in hature and that are listed below that Land Use Layer (higher numbered layers) in Section 2.2.27.9.B.4. of the LDC, including the retention of Conservation Restoration and Natural Resource uses as contained in the Land Use Matrix contained in Section 2.2.27.9.B.4.b. of the LDC. 8. Restriction on Land Use Amendments. Upon designation of the land described in Exhibit "A" as an SSA, the Owner, its assigns and successors in interest to BCI/BCP SSA 4 shall not seek or request, and the County shall not grant or approve, any increase in the density or any additional uses beyond those specifically authorized in this Agreement. All of the lands subject to this Agreement are within an FSA or HSA as depicted on the RLSA Overlay Map, officially entitled "Collier-County Rural and Agricultural Area Assessment Stewardship Overlay Map". Upon designation of these lands as an SSA, the owner shall neither request, and the County shall not in violation of Sections 2.2.27.9.A.2. and 3, here~ag6r~AIl~ grant or approve any expansion or conversion of agricultural uses. MAR 2 3 200 1 9. Effectiveness. This Agreement shall be effective upon its execution by both parties. The terms, conditions, and obligations hereunder shall constitute covenants that run With the land and may be enforceable by either party in the circuit courts for the 20th Judicial Circuit in Collier County. In the event that either party hereto shall in.stitute legal proceedings in connection with or for the enforcement of this Agreement, the prevailihg party shall be entitled to an award of reasonable attorney's fees, costs and expenses, to be taxed by a court of competent jurisdiction, which are directly related to any trial court and appellate proceedings. 10. Easement Agreement. Attached hereto as Exhibit "E" is a copy of the Stewardship Easement Agreement that will be executed by Owner and recorded by the County upon approval of this Agreement. The Stewardship Easement Agreement grants a perpetual easement in favor of Collier County and the Florida Department of Agriculture and Consumer Services setting forth specific land management measures and the party responsible for such measures for the BCI/BCP SSA-4 land described in Exhibit "A" which is the subject of this Agreement. 11. FSA/HSA Lands. All lands within the BCI/BCP SSA 4 are within an FSA or HSA. depicts the FSA and HSA areas within BCI/BCP SSA 4. Exhibit "F" 12. Successors and Assigns. As used in this Agreement the term "Owner" shall include the owner, successors and assigns of any of the BCI/BCP Area 4 land described in Exhibit "A". its 13. Amendments. This Agreement may only be amended by written agreement of all parties. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their duly authorized officers or representati~,e and their official seals hereto affixed the day and year first written above. WITNESSES: (Signature) (Print full name) (Signature) (Print full name) BARRON COLLIER INVESTMENTS, LTD., A Florida Limited Partnership By: Its: 4gR 2 3 200 BARRON COLLIER PARTNERSHIP, A Florida General Partnership WITNESSES: (Signature) (Prim full name) (Signature) (Print full name) By: Its: STATE OF FLORIDA COUNTY OF COLLIER The foregoing Stewardship Sending Area Credit Agreement was executed before me this __ day of , 2004, by , of BARRON COLLIER INVESTMENTS, LTD. as Notary Public Name Certificate No. My Commission expires STATE OF FLORIDA COUNTY OF COLLIER The foregoing Stewardship Sending Area Credit Agreement was executed before me this day of , 2004, by , of BARRON COLLIER PARTNERSHIP. as Notary Public Name Certificate No. My Commission expires 2004 .- t ATTESTED TO BY: BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA DWIGHT E. BROCK, CLERK By: Donna Fiala, Chairn~an APPROVED AS TO FORM AND LEGAL SUFFICIENCY: ASSISTANT COUNTY ATTORNEY ~,~R 2 3 2004. i Exhibit "A" Exhibit "B" Exhibit "C"' Exhibit "D" Exhibit "E" Exhibit "F" LIST OF EXHIBITS Stewardship Sending Area Credit Agreement : SSA Land Legal Description BCI/BCP SSA 4 (1239.92 acre parcel) depicted on Map of SSA Land. Remaining Land Uses Natural Resource Index Assessment Worksheet Stewardship Easement FSA/HSA Lands SA CA.Area Four. C-rev2 AOENOA ITE]~ ^ I MAR 2 ~ 200~ S.S.A. 4 EXHIBIT "A" LEGAL DESCRIPTION DESCRIPTION OF PART OF SECTIONS 1, 2, 3 AND 4 TOWNSHIP 47 SOUTH, RANGE 30 EAST, COLLIER COUNTY, FLORIDA. (BCI~BCP SSA 4) ALL OF SECTION 1, TOWNSHIP 47 SOUTH, RANGE 30 EAST COLLIER COUNTY, FLORIDA, PER THE "COLLIER SURVEY'' APPROVED BY THE COLLIER COUNTY BOARD OF COMMISSIONERS (AUGUST 1943), LYING SOUTH OF C.R. 846, LESS THOSE LANDS LYING EAST LINE OF THE EAST LINE OF SAID SECTION 1 PER THE JOHNSON ENGINEERING INCORPORATED SURVEY (APRIL 1987) AND HUTCHEON ENGINEERING SURVEY (SEPTEMBER 1987), AND LESS THE EAST 200 FEET AS MEASURED FROM THE COLLIER SURVEY FOR C.R. 858, SOUTH OF CR 846 PER THE JOHNSON SURVEY; AND ALL OF SECTION 2, TOWNSHIP 47 SOUTH, RANGE 30 EAST COLLIER COUNTY, FLORIDA, PER THE "COLLIER SURVEY" APPROVED BY THE COLLIER COUNTY BOARD OF COMMISSIONERS (AUGUST 1943), LYING SOUTH OF C.R. 846 (120' RIGHT-OF-WAY) PER THE JOHNSON SURVEY; AND ALL OF SECTION 3, TOWNSHIP 47 SOUTH, RANGE 30 EAST COLLIER COUNTY, FLORIDA, PER THE "COLLIER SURVEY'' APPROVED BY THE COLLIER COUNTY BOARD OF COMMISSIONERS (AUGUST 1943), LYING SOUTH OF C.R. 846 (120' RIGHT-OF-WAY)PER THE JOHNSON SURVEY; AND PART OF SECTION 4, TOWNSHIP 47 SOUTH, RAN'GE 30 EAST COLLIER COUNTY, FLORIDA, PER THE GOVERNMENT SURVEY (1874) BASED ON THE "COLLIER SURVEY" APPROVED BY THE COLLIER COUNTY BOARD OF COMMISSIONERS (AUGUST 1943); BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SECTION 33, TOWNSHIP 46 SOUTH RANGE 30 EAST, COLLIER COUNTY, FLORIDA PER THE COLLIER SURVEY THENCE ALONG THE WEST L NE OF SAID SECTION 4 PER THE GOVERNMENT SURVEY BASED ON THE COLLIER SURVEY SOUTH 00°59'47'' EAST 2911.39' TO THE INTERSECTION OF WITH THE SOUTH LINE OF SAID C.R. 846 (120' RIGHT-OF-WAY) PER THE JOHNSON SURVEY AND THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED; THENCE ALONG THE SOUTH LINE OF SAID C.R. 846 PER THE JOHNSON SURVEY F'OR THE FOLLOWING 6 COURSES: 1. NORTH 88°56'02'' EAST 528.83 FEET; 2. THENCE NORTH 88°03'27" EAST 4,304.44 FEET; 3. THENCE 1,007.12 FEET ALONG THE ARC OF A CIRCULAR CURVE CONCAVE NORTH HAVING A RADIUS OF 6,559.09 FEET THROUGH A CENTRAL ANGLE OF 08°47'51" AND BEING SUBTENDED BY A CHORD WHICH BEARS NORTH 83°39'32" EAST 1,006.13 FEET; 4. THENCE NORTH 79°15'37'' EAST 4,910.17 FEET; 5. THENCE 1,042.22 FEET ALONG THE ARC OF A CIRCULAR CURVE CONCAVE SOUTH HAVING A RADIUS OF 5,694.65 FEET THROUGH A CENTRAL ANGLE OF 10°29'10" AND BEING SUBTENDED BY A CHORD WHICH BEARS NORTH 84°30'12" EAST 1,040.77 FEET; 6. THENCE NORTH 89044'47'' EAST 9,282.56 FEET TO THE INTERSECTION WITH THE WEST RIGHT-OF-WAY LINE OF C.R. 858 BASED ON THE COLLIER SURVEY; THENCE ALONG THE WEST RIGHT-OF-WAY LINE OF SAID C.R. 858 BASED ON THE COLLIER SURVEY SOUTH 00°40'29" EAST 974.16 REET; 7/'30r2003-123977 Ver~ 01!- IBSTOCKHAM 03788-000~000-. 0 MAR 2 3 200! _ I DESCKIPTION OF PA.KT OF SECTIONS 1,2, 3 AND 4 TOWNSI-I]~ 47 SOUTH, KANGE 30 EAST, COLLIER cOUNTY, FLOR[DA. (BCI-BCP SSA 4) Continued; THENCE CONTINUING ALONG SAID LINE SOUTH 00°52'58" EAST 2,610.36 FEET TO THE INTERSECTION WITH THE SOUTH LINE OF SAID SECTION 1 PER THE COLLIER SURVEY; THENCE ALONG THE SOUTH LINE OF SAID SECTION I PER THE COLLIER SURVEY SOUTH 89°40'47'' WEST 5108.22 FEET TO THE SOUTHWEST CORNER OF SAID SECTION 1 PER THE COLLIER SURVEY; THENCE ALONG THE SOUTH LINE OF SAID SECTION 2 PER THE COLLIER SURVEY SOUTH 89°40'47" WEST 5308.23 FEET TO THE SOUTHWEST CORNER OF SAID SECTION 2 PER THE COLLIER SURVEY; THENCE ALONG THE SOUTH LINE OF SAID SECTION 3 PER THE COLLIER SURVEY SOUTH 89"53'17" WEST 5245.98 FEET TO THE SOUTHWEST CORNER OF SAID SECTION 3 PER THE COLLIER SURVEY; THENCE ALONG THE WEST LINE OF SAID SECTION 3 PER THE COLLIER SURVEY NORTH 01°10'58" WEST 2,236.92 FEET; THENCE LEAVING SAID LINE SOUTH 90°00'00'' WEST 5,314.93 FEET TO THE INTERSECTION WITH THE WEST LINE OF SAID SECTION 4 PER THE GOVERNMENT SURVEY BASED ON THE COLLIER SURVEY; THENCE ALONG THE WEST LINE OF SAID SECTION 4 PER GOVERNMENT SURVEY BASED ON THE COLLIER SURVEY NORTH 00°59'47'' WEST 93.56 FEET TO THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED. CONTAINING 1,239.92 ACRES, MORE OR LESS. SUBJECT TO EASEMENTS, RESTRICTIONS AND RESERVATIONS OF RECORD. BEARINGS ARE BASED ON THE WEST LINE OF SECTION 4, TOWNSHIP 47 SOUTH, RANGE 30 EAST, COLLIER COUNTY, FLORIDA, BEING SOUTH 00°59'47" EAST. WILSONMILLER, INC. REGISTERED ENGINEERS AND LAND SURVEYORS CERTIFICATE OF AUTHORIZATION #LB-43. BRADLEY'E. STOCKHAM, P.S.M. fl6390 6-12-03 DATE NOT VALID UNLESS EMBOSSED WITH THE PROFESSIONAL'S SEAL. REF. 2H-46 SHEET 4 W.O.: 03786-001-000-MABS2 DATE: 6/12/03 2/17104 - W~123977 vl - AMU SSA A..R.EA 4 DESCRIPTION N~GENOA I~.l. - f, g~ ~SCALE~ ]" = 2000" EXHIBIT 'A' SKETCH BCI-BCP SSA 4 ~ ~", ' .~ ~I ~,,..--~ ,~'~c"~, - - ~ I ~, · , ~cP.~+o~,~o~ ~' l ~ ~ ~ I .'.'.~ ~ ~ ~ ~ ~ .......... ~ ~ / ...~.:::::::::::::::::::::::,~.. ~. . .~/?/..~ ,~'~, ~oz ~z~ ~ ~z ~'xb ~ D~ ~g o ~ o . _ --. BCI~BCP SSA 4 Exhibit B Location Map I~iMOK~ , I.I I 75 Legend SSA 4 Exhibit C Remaining Land Uses Layers When plolted al 44 x 36 I inch equ'als 600 fee{ Legend ~AR 2 3 20Clq This instrument Prepared by: George L. Vamadoe, Esq. Young, van Assenderp, Varnadoe & Anderson, P.A. 801 Laurel Oak Drive, Suite 300 Naples, Florida 34108-2771 Tract: BCI/BCP SSA 4 STEWARDSHIP EASEMENT AGREEMENT THIS STEWARDSHIP EASEMENT is granted this ~ day of ,2004, by Barron Collier Investments, Ltd., a Florida Limited Partnership and Barron Collier Partnership, a Florida General Partnership, whose address is 2600 Golden Gate Parkway, Naples, Florida 34105, hereinafter collectively called "Grantor", to Collier County, a political subdivision of the State of Florida, and Florida Department of Agriculture and Consumer Affairs, hereinafter collectively called the "Grantees". RECITALS Ao Grantor is the owner of approximately 1,239.92 acres of land situated in Collier County, Florida, and more specifically described in Exhibit "A" attached hereto and incorporated herein by reference (hereinafter "Property" or "BCI/BCP SSA 4"). Grantor and Collier County entered into a Stewardship Sending Area Credit Agreement (g. SSA Agreement@) dated , which designated the Property "BCI/BCP Stewardship Sending Area 4" ("BCI/BCP SSA 4"). This 1,239.92 acre parcel, as legally described in Exhibit "A", has been designated as a AStewardship Sending Area .... SSA" in accordance with Section 2.2.27.9. of the Collier County Land Development Code ("LDC"). The Property is depicted on Exhibit "B". The SSA Agreement and Section 2.2.27.9.B.8. of the LDC require Grantor to provide a perpetual Stewardship Easement identifying the specific land management measures for BCI/BCP SSA 4 and the party responsible for such measures. In exchange for the designation of the Property as SSA, the County has granted and assigned to Grantor one thousand six hundred seventy-six and seven tenths (1676.7) Stewardship Credits which will allow Grantor to entitle two hundred nine and six tenths (209.6) acres for development within the Rural Lands Stewardship Area District. The purposes of this Stewardship Easement are (1) to designate the allowed uses of the Property consistent with the terms of the SSA Agreement (2) to identify specific land management measures and the party responsible, and (3) to provide for the enforcement of the Stewardship Easement. ~ - l- i / tt 2 3 200 NOW, THEREFORE, in consideration of the designation of the Property as Stewardship Sending Area, together with other good and valuable consideration, the adequacy and receipt of which are hereby acknowledged, Grantor hereby grants, creates, conveys and establishes a perpetual nonexclusive Stewardship Easement for and in favor of the Grantees upon the property described in Exhibit "A", which shall run with the land and be binding upon the Grantor, its successors and assigns and shall remain in full force and effect forever. It is agreed as follows: The recitals and exhibits are incorporated by reference as if repeated verbatim herein. Exhibit "C" depicts and Exhibit "D" describes the six hundred fifty-four and one hundredths (654.01) acres within BCI/BCP SSA 4 , where four (4) Land Use Layers are hereby eliminated and where the Property is henceforth prohibited from being utilized for the following land uses, as defined in Section 2.2.27.9.B.4. of the LDC: mo B. C. D. Residential Land Uses, also described as Land Use Layer 1. General Conditional Uses, also described as Land Use Layer 2. Earth Mining and Processing Uses, also described as Land Use Layer 3. Recreational Uses, also described as Land Use Layer 4. All Land Use Layers referenced in paragraphs 2 2.2.27.9.B.4. of the LDC. 3. Exhibit "C" also depicts the five hundred and 3 hereof are defined in Section eighty-five and ninety-one hundredths (585.91) acres within BCI/BCP SSA 4, where six (6) Land Use Layers are eliminated and the Property is henceforth prohibited from being utilized for the following land uses, as defined in Section 2.2.27.9.B.4. of the LDC: A. Residential Land Uses, also described as Land Use Layer 1. B. General Conditional Uses, also described as Land Use Layer 2. C. Earth Mining and Processing Uses, also described as Land Use Layer 3. D. Recreational Uses, also described as Land Use Layer 4. E. Agriculture - Group 1, also described as Land Use Layer 5. F. Agriculture - Support Uses, also described as Land Use Layer 6. -2- MAR 2 3 200~- o Grantor reserves all rights as owner of the Property, including the right to engage in uses of the Property that are not inconsistent with the SSA Agreement or the intent and purposes of this Stewardship Easement. Grantor may use BCI/BCP SSA 4 only for the following land uses set forth in this paragraph: A. Conservation, Restoration, and Natural Resources ~]ses are allowed on all of the Property, including the specifics thereof set forth in Section 2.2.27.9.B.4.b. of the LDC. Those lands in BCI/BCP SSA 4 depicted on Exhibit "C" as having had the first six (6) Land Use Layers eliminated, may also be used for Agriculture - Group 2 (Land Use Layer 7) as defined in Section 2.2.27.9.B.4. of the LDC. Agriculture - Group 2 uses cannot be converted to Agriculture - Group 1 uses from and after the designation of such lands as a SSA. Co Those lands in BCI/BCP SSA 4 depicted on Exhibit "C" and described in Exhibit "D" as having the first four (4) Land Use Layers eliminated, may also be used for Agriculture - Group 1 (Land Use Layer 5); Agriculture - Support Uses (Land Use Layer 6); and Agriculture - Group 2 (Land Use Layer 7). Those land uses are permitted to continue, and may convert from one type of Agriculture to another. Owner retains the right to construct and maintain farm and ranch roads to access its lands within the Property for the purposes retained herein. The Grantees shall have the right to enjoin any activity on or use of the Property that is inconsistent with this Stewardship Easement and to enforce the restoration of such areas or features of the Property that may be altered by any inconsistent activity or use. The following land management measures shall be undertaken as to BCI/BCP SSA 4 and the Owner of the fee title to the Property shall be the party responsible for such measures: On those lands within BCI/BCP SSA 4 on which Agriculture - Group 2 uses are the only remaining agricultural uses, land management measures will be those customarily utilized in ranching operations in Southwest Florida. These customary measures may include prescribed burning, mechanical brush control ("chopping") and other exotic and nuisance species control, fence construction and maintenance, selective thinning of trees, and ditch and ranch road maintenance. -3- AC-~..NDA ITE. M/~ ti MAR 2 3 200tt__ I o 10. 11. 12. 13. On those lands within BCI/BCP SSA 4, on which Agriculture - Group 1 uses are retained, the measures listed in 6.A. above, may be utilized. In addition, the following measures may be utilized: disking; planting; irrigation and ditches, dikes, and pumping construction and maintenance; fertilizer, disease, and insect control .application; mowing and other exotic and nuisance species measures; farm road construction and maintenance; and other practices customarily associated with farming vegetables or citrus in Southwest Florida. Grantees shall not be responsible for any costs or liabilities related to the operation of or land management measures for the Property. Grantor shall pay any and all real property taxes and assessments levied by competent authority on the Property. References to the LDC are to those provisions of Section 2.2.27. of the Collier County Land Development Code in existence as of the date of this Stewardship Easement Agreement and those LDC provisions shall control as to all rights, obligations, implementation, entitlements, land uses eliminated and permitted, and interpretations, requirements, or issues relating thereto, notwithstanding any future amendments thereto. Enforcement of the terms and provisions of the Stewardship Easement shall be at the reasonable discretion of Grantees, and any forbearance on behalf of Grantees to exercise its rights hereunder in the event of any breach hereof by Grantors, shall not be deemed or construed to be a waiver of Grantees' rights hereunder. All costs and reasonable attorneys' fees incurred in enforcing, judicially or otherwise, the terms and restrictions of this Stewardship Easement shall be borne by and recoverable against the non- prevailing party in such proceedings. Grantees will hold this Stewardship Easement for the purposes set forth herein and to ensure compliance with the terms hereof. Grantees will not assign their rights and obligations under this Stewardship Easement except to another organization qualified to hold such interests under the applicable state laws. If any provision of this Stewardship Easement or the application thereof to any person or circumstances is found to be invalid, the remainder of the provisions of this Stewardship Easement shall not be affected thereby, so long as the purpose of the Stewardship Easement is preserved. All notices, consents, approvals or other communications hereunder shall be in writing and shall be deemed properly given if sent by United States certified mail, return receipt requested, addressed to the appropriate party or successor-in-interest. -4- NAR 2 3 200t _ 14. This Stewardship Easement may be amended, altered, released or revoked only by written agreement of both Grantor and Grantees, which shall be filed in the Public Records of Collier County. TO HAVE AND TO HOLD unto Grantees, their successors and assigns forever. These covenants, terms, conditions, restrictions and purposes imposed with this Stewardship Easement shall not only be binding upon Grantor, but also its successors and assigns, and shall continue as a servitude running in perpetuity with the Property. Grantor hereby covenants with Grantees that Grantor is lawfully seized of the Property in fee simple; that the Property is free and clear of all encumbrances; that Grantor has good right and lawful authority to convey this Stewardship Easement; and that Grantor hereby fully warrants title to the Stewardship Easement hereby conveyed and will defend same against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF, the Grantor has hereunto set its hand and seal the day of ,2004. BARRON COLLIER INVESTMENTS, LTD., A Florida Limited Partnership WITNESSES: (Signature) (Print full name) (Signature) (Print full name) By: Its: WITNESSES: (Signature) (Print full name) (Signature) (Print full name) BARRON COLLIER PARTNERSHIP, A Florida General Partnership By: Its: -5- STATE OF FLORIDA COUNTY OF COLLIER The foregoing Stewardship Easement Agreement was executed before me. this , 2004, by ., as BARRON COLLIER INVESTMENTS, LTD. Notary Public Name Certificate No. My Commission expires day of of STATE OF FLORIDA COUNTY OF COLLIER The foregoing Stewardship Easement Agreement was executed before me this , 2004, by , as BARRON COLLIER PARTNERSHIP. day of of Notary Public Name Certificate No. My Commission expires -6- MAR 2 3 200~- GRANTEES' ACCEPTANCE OF STEWARDSHIP EASEMENT Grantees, Collier County, Florida and the Florida Department of Agriculture and Consumer Affairs, by and through their undersigned representatives, hereby acknowledge and accept the Grantees' duties and responsibilities as specified in this Stewardship Easement Agreementl FLORIDA DEPARTMENT OF AGRICULTURE AND CONSUMER AFFAIRS By: Its: WITNESSES: (Signature) (Print full name) (Signature) (Print full name) STATE OF FLORIDA COUNTY OF LEON The foregoing Agreement was by , as the Consumer Affairs. executed before me this day of , 2003, of the Florida Department of Agriculture and Notary Public Name Certificate No. My Commission expires -7- ATTESTED TO BY: BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA DWIGHT E. BROCK, CLERK By: Donna Fiala, Chairman APPROVED AS TO FORM AND LEGAL SUFFICIENCY: By: PATPdCK G. WHITE ASSISTANT COUNTY ATTORNEY -8- MAR 2 3 209q I Exhibit "A': Exhibit "B": Exhibit "C": Exhibit "D": STEWARDSHIP EASEMENT AGREEMENT SSA Land Legal Description BCI/BCP SSA 4 (1,239.92 acre parcel) depicted on *lap of SSA Land. Depiction of the Property where Land Uses have been eliminated. GIS Mapping Description S E ,.\gr Four C-rev2 -9- WilsonMilleF New Directions In ~anning, Design &Engineer/n¢ DESCRIPTION OF LANDS :: LYING WITHIN SECTIONS 1, 2, 3, AND 4, TOWNSHIP 47 SOUTH, RANGE 30 EAST COLLIER COUNTY, FLORIDA. (AGRICULTURAL GROUP 1 AND AGRICULTURAL GROUP 2 DELINEATION WITHIN STEWARDSHIP SENDING AREA (S.S.A.) 4) ALL THAT PART OF SECTIONS 1, 2, 3 AND 4, TOWNSHIP 47 SOUTH, RANGE 30 EAST COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS; AGRICULTURAL GROUP I LANDS: COMMENCING ATTHE NORTHWEST CORNER OF SAID SECTION 4, TOWNSHIP 47 SOUTH, RANGE 30 EAST (POINT NUMBER 1623 NORTHING 760946.55,EASTING 546019.93); THENCE ALONG THE WEST LINE OF SAID SECTION 4 PER THE GOVERNMENT SURVEY BASED ON THE COLLIER SURVEY SOUTH 00°59'47.' EAST 2911.39 FEET TO THE INTERSECTION WITH THE SOUTH LINE OF C.R. 846 (120' RIGHT-OF-WAY) PER THE JOHNSON SURVEY (POINT NUMBER 1624) NORTHING 758035.60,EASTING 546070.56; THENCE LEAVING SAID SECTION LINE AND ALONG SAID RIGHT-OF-WAY LINE NORTH 88°56'02'' EAST 528.83 FEET TO AN ANGLE BREAK IN THE RIGHT-OF-WAY LINE (POINT NUMBER 1625) NORTHING 758045.44,EASTING 546599.29; THENCE CONTINUING ALONG SAID RIGHT-OF-WAY LINE NORTH 88°3'27'' EAST 1786.16 FEET TO THE POINT OF BEGINNING OF PARCEL "A" OF THE PARCEL HEREIN DESCRIBED (POINT NUMBER 1626) NORTHING 758105.99,EASTING 548384.43; THENCE ALONG SAID RIGHT-OF-WAY LINE NORTH 88°3,27" EAST 336.70 TO A POINT OF DEPARTURE FROM SAID RIGHT-OF-WAY LINE (POINT NUMBER 1627) NORTHING 758117.40,EASTING 548720.93; THENCE LEAVING SAID RIGHT-OF-WAY LINE SOUTH 00°9'45'' WEST 175.34 TO A POINT LYING ON THE SOUTH LINE OF THOSE LANDS DESCIBED AS SAID S.S.A 4 AND BEING HEREINAFTER REFERRED TO AS POINT "A" (POINT NUMBER 1628) NORTHING 757942.06,EASTING 548720.43; THENCE ALONG SAID LINE WEST 333.81 FEET TO A POINT OF DEPARTURE FROM SAID LINE (POINT NUMBER 1629) NORTHING 757942.06,EASTING 548386.62 THENCE LEAVING SAID LINE NORTH 00°46'0'' WEST 163.94 TO THE POINT OF BEGINNING OF SAID PARCEL "A" OF THE PARCEL HEREIN DESCRIBED (POINT NUMBER 1626) NORTHtNG 758105.99,EASTING 548384.43; CONTAINING 1 ACRE MORE OR LESS. ALSO INCLUDING THE FOLLOWING DESCRIBED PARCEL: COMMENCING AT THE AFREMENTIONED POINT 'A" POINT "A" (POINT NUMBER 1628) NORTHING 757942.06,EASTING 548720.43; THENCE NORTH 87°7'7" EAST 4808.02 FEET TO THE POINT OF BEGINNING OF PARCEL "B" OF THE PARCEL HEREIN DESCRIBED (POINT NUMBER 1630) NORTHING 758183.75,EASTING 553522.37; THENCE LEAVING SAID LINE IN STRAIGHT LINE SEGMENTS THROUGH THE FOLLOWING VERTECES (POINT NUMBER 1631 THROUGH POINT NUMBER 1837 INCLUSIVE): POINT NUMBER 1631, NORTHING 758237.87,EASTING 553530.06 . POINT NUMBER 1632, NORTHING 758292.06,EASTING 553538.68 POINT NUMBER 1633, NORTHING 758346.18,EASTING 553547.18 POINT NUMBER 1634, NORTHING 758386.37,EASTING 553578.43 POINT NUMBER 1635, NORTHING 758418.37,EASTING 553623.56 POINT NUMBEJR 1636, NORTHING 758444.68,EASTING 553670.37 POINT NUMBER 1637, NO'THING 758466.00,EASTING 553719.81 POINT NUMBER 1638, NORTHING 758473.37,EASTING 553734.75 BCI/BCP SSA 4 STEWARDSHIP EASEMENT AGREEMENT EXHIBIT "D" GIS MAPPING DESCRIPTION -Offices strategically located to serve our clients g00.649.4336 - Naple$/Corp orate Off/ce 3200 Bai/ey Lane, Suite 200 o Nap/es, Florida 34105 o 239. 649. 4040 · Fax 23g. 6 wilsonmil/er, corn MAR 2 3 200 , .- 3.6.6 Pg. ., WiisdnMiller® New Dsrect/on$ In ~/anning, Design & Engineering DESCRIPTION OF LANDS LYING WITHIN SECTIONS 33, 34, 35, AND 36, TOWNSHIP 46 SOUTH, RANGE 30 EAST AND SECTIONS 1, 2, 3 AND 4, TOWNSHIP 47 SOUTH, RANGE 30 EAST. COLLIER COUN3W, FLORIDA. {AGRICULTURAL GROUP 1 AND AGRICULTURAL GROUP 2 DELINEATION WITHIN STEWARDSHIP SENDING AREA 3) SHEET 2 OF 21 POINT NUMBER 1639, POINT NUMBER 1640, POINT NUMBER 1641, POINT NUMBER 1642, POINT NUMBER 1643, POINT NUMBER 1644, POINT NUMBER 1645, POINT NUMBER 1646, POINT NUMBER 1647, POINT NUMBER 1648, POINT NUMBER 1649, POINT NUMBER 1650, POINT NUMBER 1651, POINT NUMBER 1652, POINT NUMBER 1653, POINT NUMBER 1654, POINT NUMBER 1655, POINT NUMBER 1656, POINT NUMBER 1657, POINT NUMBER 1658, POINT NUMBER 1659, POINT NUMBER 1660, POINT NUMBER 1661, POINT NUMBER 1662, POINT NUMBER 1663, POINT NUMBER 1664, POINT NUMBER 1665, POINT NUMBER 1666, POINT NUMBER 1667, POINT NUMBER 1668, POINT NUMBER 1669, POINT NUMBER 1670, POINT NUMBER 1671, POINT NUMBER 1672, POINT NUMBER 1673, POINT NUMBER 1674, POINT NUMBER 1675, POINT NUMBER 1676, NORTHING NORTHING NORTHING NORTHING NORTHING NORTHING NORTHING NORTHING NORTHING NORTHING 758489.81,EASTING 553768.00 NORTHING 758512.75,EASTING 553816.37 NORTH1NG 758530.81,EASTING 553867.37 NORTHING 758552.12,EASTING 553915.56 NORTHING 758580.06,EASTING 553940.00 NORTHING 758593.18,EASTING 553951.37 NORTHING 758619.43,EASTING 553996.87 NORTHING 758633.37,EASTING 554049.43 NORTHING 758639.12,EASTING 554102.43 NORTHING 758639.12,EASTING 554156.37 NORTHING 758639.12,EASTING 554210.00 NORTHING 758639.12,EASTING 554263.56 NORTHING 758638.31,EASTING 554317.18 NORTHING 758639.12,EASTING 554370.81 NORTHING 758635.00,EASTING 554424.25 NORTHING 758627.62,EASTING 554477.37 758619.43,EASTING 554530.31 758610.37,EASTING 554583.12 758601.37,EASTING 758594.00,EASTING 758588.25,EASTING 758587.43,EASTING 758585.81 ,EASTING 758578.37,EASTING 758567.75,EASTING NORTHING 758557.87,EASTING NORTHING 758550.50,EASTING NORTHING 758533.25,EASTING NORTHING NORTHING NORTHING NORTHING NORTHING NORTHING NORTHING NORTHING NORTHING NORTHING 758512.75,EASTING 758511.93, EASTI NG 758518.50, EASTI NG 758522.62,EASTING 758525.87,EASTING 758543.12,EASTING 758584.93,EASTING 758647.31 ,EASTING 758725.25,EASTING 758800.75,EASTING 554636.O6 554689.18 554742.43 554796.18 554849.62 554¢02.81 554955.25 554983.87 555006.18 555056.87 555107.81 555159.62 555192.68 555212.06 555223.00 555290.31 555358.62 555456.75 555522.50 555567.43 POINT NUMBER 1677, POINT NUMBER 1678, POINT NUMBER 1679, NORTHING POINT NUMBER 1680, NORTHING RIGHT-OF-WAY LINE OF C.R. 846 POINT NUMBER 1681, NORTHING 759085.76,EASTING RIGHT-OF-WAY LINE OF C.R. 846 POINT NUMBER 1682, NORTHING 759037.06,EASTING POINT NUMBER 1683, NORTHING 758983.75,EASTING POINT NUMBEI~ 1684, NO .RTHING 758930.37,EASTING POINT NUMBER 1685, NORTHING 758877.06,EASTING NORTHING 758859.81 ,EASTING NORTHING 758891.00,EASTING 758910.68,EASTING 759004.33,EASTING 555584.31 555590.00 555593.50 555601.67 556027.62 556013.37 556O14.25 556020.43 556022.06 SAID POINT BEING ON THE SOUTH SAID POINT BEING ON THE SOUTH BCI/BCP SSA 4 STEWARDSHIP EASEMENT AGREEMENT EXHIBIT 2J~OO4. ~3~e~ v,~ o,~. ~STOCXH~ GIS MAPPING DESCRIPTION ~'~' Of/ices strategically legated to serve our clients COL1.649.4536 03786-000-000- - 0 Nap/es/Corporate Office 3200 Bailey Lane, Suite 200 o Nap/es, F/or/da 34105 o 232549. 4040. Fax 239.543.5716 wilsonmiller, gem DESCRIPTION OF LANDS LYING WITHIN SECTIONS 33, 34.35, AND 36, TOWNSHIP 46 SOUTH, RANGE 30 EAST AND SECTIONS 1, 2, 3 AND 4, TOWNSHIP 47 SOUTH, RANGE 30 EAST, COLLIER COUNI~f, FLORIDA. (AGRICULTURAL GROUP 1 AND AGRICULTURAL GROUP DELINEATION WITHIN STEWARDSHIP SENDING AREA 3) SHEET 3 OF 21 POINT NUMBER 1686, NORTHING POINT NUMBER 1687, NORTHING POINT NUMBER 1688, NORTHING POINT NUMBER 1689, NORTHING POINT NUMBER 1690, NORTHING POINT NUMBER 1691, NORTHING POINT NUMBER 1692, NORTHING POINT NUMBER 1693, NORTHING POINT NUMBER 1694, NORTHING POINT NUMBER 1695, NORTHING POINT NUMBER 1696, NORTHING POINT NUMBER 1697, NORTHING POINT NUMBER 1698, NORTHING POINT NUMBER 1699, NORTHING POINT NUMBER 1700, NORTHING POINT NUMBER 1701, NORTHING POINT NUMBER 1702, NORTHING POINT NUMBER 1703, N©RTHING POINT NUMBER 1704, NORTHING POINT NUMBER 1705, NORTHING POINT NUMBER 1706, NORTHtNG POINT NUMBER 1707, NORTHING POINT NUMBER 1708, NORTHING POINT NUMBER 1709, NORTHING POINT NUMBER 1710, NORTHING POINT NUMBER 1711, NORTHING POINT NUMBER 1712, NORTHING POINT NUMBER 1713, NORTHING POINT NUMBER 1714, NORTHING POINT NUMBER 1715, NORTHING POINT NUMBER 1716, NORTHING POINT NUMBER 1717, NORTHING POINT NUMBER 1718, NORTHING POINT NUMBER 1719, NORTHING POINT NUMBER 1720, NORTHING POINT NUMBER 1721, NORTHING POINT NUMBER 1722, NORTHING POINT NUMBER 1723, NORTHING POINT NUMBER 1724, NORTHING POINT NUMBER 1725, NORTHING POINT NUMBER 1726, NORTHING POINT NUMBER 1727, NORTHING POINT NUMBER 1728, NORTHING POINT NUMBER 1729, NORTHING POINT NUMBER 1730, NORTHING POINT NUMBER 1731, NORTHING POINT NUMBER 1732, NORTHING POINT NUMBE,R 1733, NORTHING POINT NUMBER 1734, NO, THING WilsdnMiiler® New Direction~ In ;ann/nc, O~ign & £ngineering 758822.87 EASTING 556020.12 758769.56 758717.87 758681.75 758669.50 758626.81 758585.81 758544.75 758493.06 758438.12 758384.75 758331.43 EASTING 556014.18 EASTING 556000.25 EASTING 555982.87 EASTING 555977.06 EASTING 555944.62 EASTING 555908.31 EASTING 555874.56 EASTING 555870.31 EASTING 555877.87 EASTING 555880.75 EASTING 555880.00 758278.12,EASTING 555872.87 758260.06,EASTING 555868.93 758255.93,EASTING 555868.12 758031.12,EASTING 555869.68 758021.31 ,EASTING 555859.68 757942.50,EASTING 555850.00 757932.68,EASTING 555840.00 757915.43,EASTING 555838.06 757906.43,EASTING 555834.68 757894.12,EASTING 555830.18 757882.62 EASTING 555819.00 757874.43 757854.75 757844.87 757796.50 757747.25 757727.56 757639.75 757600.37 757590.50 EASTING 555810.50 EASTING 555810.50 EASTING 555800.62 EAST1NG 555771.12 EASTING 555751.43 EASTING 555741.56 EASTING 555721.87 EAST1NG 555721.87 EASTING 555712.00 757542.12,EASTING 555721.87 757502.75,EASTING 555721.87 757492.87,EASTING 555732.87 757489.62,EASTING 555735.81 757454.31 ,EASTING 555741.68 757429.68,EASTING 555738.56 757297.62,EASTING 555722.00 757268.06,EASTING 555702.31 757220.50,EASTING 555654.06 757200.00,EASTING 555633.25 757180.31 ,EASTING 555603.75 757122.00,EASTING 555495.31 757115.43,EASTING 555470.62 757103.18,EASTING 555457.06 757070.31 ,EASTING 555414.31 757060.50,EASTING 555401.37 757038.31 ,EASTING 555371.50 BCI/BCP SSA 4 STEWARDSHIP EASEMENT AGREEMENT EXHIBIT "D" GIS MAPPING DESCRIPTION Offices strategically located to serve our clients 800.649.4336 Naples/Corporate Office 3200 Bailey Lane, Suite 200 · Nap/es, F/on'da 34105 ° 239.649.4040 o Fax 239.643.57 wilsonm i//e r. corn MAR 2 3 2006 WiisdnMiiler® New Directions In ~/anning, Design & Engineering DESCRIPTION OF LANDS LYING WITHIN SECTIONS 33. 3,4, 35, AND 35, TOWNSHIP 46 SOUTH, RANGE 30 EAST AND SECTIONS 1.2, 3 AND 4, TOWNSHIP 47 SOUTH, RANGE 30 EAST, COLLIER COUNTY, FLORIDA. (AGRICULTURAL GROUP 1 AND AGRICULTURAL GROUP 2 DELINEATION WITHIN STEWARDSHIP SENDING AREA 3) SHEET 4 OF 21 POINT NUMBER POINT NUMBER POINT NUMBER POINT NUMBER POINT NUMBER POINT NUMBER POINT NUMBER POINT NUMBER 1742, POINT NUMBER 1743, POINT NUMBER 1744, POINT NUMBER 1745, POINT NUMBER 1746, POINT NUMBER 1747, 1735, NORTHING 757012.06,EASTING 555346.62 1736, NORTHING 756998.93,EASTING 555334.18 1737, NORTHING 756953.00,EASTING 555309.06 1738, NORTHING 756900.50,EASTING 555294.50 1739, NORTHING 756849.62,EASTING 555277.06 1740, NORTHING 756804.50,EASTING 555259.25 1741, NORTHING 756724.93,EASTING 555227.93 NORTHING 756690.43,EASTING 555215.75 NORTHING 756665.81 ,EASTtNG 555197.87 NORTHING 756663.37,EASTING 555192.68 NORTHING 756653.56,EASTING 555173.18 NORTHING 756649.43,EASTING 555139.31 NORTHING 756652.68,EASTING 555054.50 POINT NUMBER POINT NUMBER POINT NUMBER POINT NUMBER POINT NUMBER POINT NUMBER POINT NUMBER POINT NUMBER POINT NUMBER 1748, NORTH1NG 756652.68,EASTING 555051.31 1749, NORTHING 756650.25,EASTING 554997.18 1750, NORTHING 756647.81 ,EASTING 554983.87 1751, NORTHING 756642.06,EASTING 554943.87 1752, NORTHING 756625.62,EASTING 554893.00 1753, NORTHING 756594.43,EASTING 554874.12 1754, NORTHING 756582.12,EASTING 554866.50 1755, NORTHING 756421.31 ,EAST1NG 554807.25 1756, NORTHING 756385.25,EASTING 554775.06 POINT NUMBER 1757 POINT NUMBER 1758 POINT NUMBER 1759 POINT NUMBER 1760 POINT NUMBER 1761 POINT NUMBER 1762 POINT NUMBER 1763 POINT NUMBER 1764 POINT NUMBER 1765 POINT NUMBER 1766, POINT NUMBER 1767, POINT NUMBER 1768, POINT NUMBER 1769, POINT NUMBER 1770, POINT NUMBER 1771, POINT NUMBER 1772, POINT NUMBER 1773, POINT NUMBER 1774, POINT NUMBER 1775, POINT NUMBER 1776, POINT NUMBER 1777, POINT NUMBER 1778, POINT NUMBER 1779, POINT NUMBER 1780, POINT NUMBER 1781, POINT NUMBER 1782, POINT NUMBER 1783, NORTHING NORTHING NORTHING NORTHING NORTHING NORTHING NORTHING NORTHING NORTHING NORTHING NORTHING NORTHING NORTHING NORTHING 756362.25,EASTING 756357;31,EASTING 756376.18,EASTING 756385.25,EASTING 756392.62,EASTING 756394.25,EASTING 756385.25,EASTING 554761.50 554741.68 554625.18 554575.06 554535.62 554519.O6 55451O.43 756381.12,EASTING 554506.50 756313.87 EASTING 554436.25 756176.81 EASTING 554379.06 756124.31 EASTING 554357.18 756095.62. EASTING 554301.31 756105.43. EASTING 554248.25 756107.93 EASTING 554236.56 NORTHING 756176.81 NORTHING 756176.81 NORTHING 756118.56 NORTHING 756119.37 NORTHING NORTHING NORTHING NORTHING NORTHING NORTHING NORTHING NORTHING NO'RTHING .EASTING 554334.75 .EASTING 554148.68 EASTING 554148.68 EASTING 554142.31 756112.00,EASTING 554089.75 756097.25,EASTING 554037.43 756081.62,EASTING 553985.81 756076.75,EASTING 553967.37 756070.18, EASTI N G 553940.00 756068.50,EASTING 553934.06 756066.87,EASTING 553880.81 756069.37,EASTING 553841.31 756070.18,EASTING 553826.93 BCI/BCP SSA 4 STEWARDSHIP EASEMENT AGREEMENT EXHIBIT "D" GIS MAPPING DESCRIPTION ~,~,~303786,_0(~_0<:~.. O .Offices strategically located to serve our clients 800.649.4336 Nap/es/Corporate Office 3200 £ai/ey Lane, Suite 200 o Nap/es, Florida 34105 · 239.649. 4040 o Fax 239 543.57; wilsonmiller. NIAR 2 3 200 WiisdnMilleF DESCRIPTION OF LANDS LYING WITHIN SECTIONS 33, 34, 35. AND 36. TOWNSHIP 46 SOUTH, RANGE 30 EAST AND SECTIONS 1, 2, 3 ANC) 4, TOWNSHIP 47 SOUTH, RANGE 30 EAST. COLLIER COUNTY, FLORIDA. (AGRICULTURAL GROUP 1 AND AGRICULTURAL GROUP 2 DELINEATION WITHIN STEWARDSHIP SENDING AREA 3) SHEET 5 OF 21 POINT NUMBER 1784 POINT NUMBER 1785 POINT NUMBER 1786 POINT NUMBER 17J~7 POINT NUMBER 1788 POINT NUMBER 1789 POINT NUMBER 1790 POINT NUMBER 1791 POINT NUMBER 1792 POINT NUMBER 1793 POINT NUMBER 1794 POINT NUMBER 1795 POINT NUMBER 1796 POINT NUMBER 1797 POINT NUMBER 1798 POINT NUMBER 1799 POINT NUMBER 1800 POINT NUMBER 1801 POINT NUMBER 1802 POINT NUMBER 1803 POINT NUMBER 1804 POINT NUMBER 1805. POINT NUMBER 1806 POINT NUMBER 1807. POINT NUMBER 1808. POINT NUMBER 1809, POINT NUMBER 1810. POINT NUMBER 1811, POINT NUMBER 1812, NORTHING 756071.00,EASTING 553772.68 NORTHING 756066.87,EASTING 553731.18 NORTHING 756066.06,EASTING 553717.31 NORTHING NORTHING NORTHING NORTHING NORTHING NORTHING NORTHING NORTHING NORTHING NORTHING NORTHING NORTHING NORTHING NORTHING NORTHING NORTHING NORTHING NORTHING NORTHING NORTHING NORTHING NORTHING NORTHING NORTHING NORTHING NORTHING 756026.68,EASTI NG 755974.18,EASTING 755970.87,EASTING 755967.62,EASTING 755917.56,EASTING 755863.37,EASTING 755811.68,EASTI N G 755787.93. EASTING 755781.37 EASTING 755778.87. EASTING 755802.68. EASTING 755837.12. EASTING 755877.37 EASTI NG 755888.00 EASTING 755902.81 EASTING 755917.56 EASTING 755920.00 EASTING 755914.25 EASTING 755913.43 EASTING 755853.56 EASTING 755828.93 EASTING 755791.18 EASTING 755759.18 EASTING 755759.18 EASTING 755759.18,EASTING 755759.18,EASTING 553689.00 553677.25 553676.37 553676.18 553673.43 553680.31 553697.43 553731.18 553740.93 553793.81 553843.68 553884.62 553920.68 553940.00 553967.43 554019.87 554072.81 554148.68 554163.12 554153.68 554'148.68 55414O.87 554143.25 554148.68 554357.50 554566.31 POINT NUMBER 1813, NORTHING 755711.74,EASTING 554566.31 SAID POINT BEING ON THE SOUTH LINE OF SAID SECTION 3 PER THE COLLIER SURVEY AND BEING HEREINAFTER REFERRED TO AS POINT "B" POINT NUMBER 1814, NORTHING 755710.74,EASTING LINE OF SAID SECTION 3 PER THE COLLIER SURVEY POINT NUMBER 1815, NORTHING 755709.02,EASTING LINE OF SAID SECTION 3 PER THE COLLIER SURVEY POINT NUMBER 1816, NORTHING 755759.18,EASTING POINT NUMBER 1817, NORTHING POINT NUMBER 1818, NORTHING POINT NUMBER 1819, NORTHING POINT NUMBER 1820, NORTHING POINT NUMBER 1821, NORTHING POINT NUMBER 1822, NORTHING POINT NUMBER 1823, NORTHING POINT NUMBER 1824, NORTHING POINT NUMBER 1825, NORTHING POINT NUMBER 1826, NORTHING POINT NUMBER 1827, NORTHING POINT NUMBER 1828, NORTHING 756176.81 EASTING 756343.37 EASTING 756385.25 EASTING 757220.50 EASTING 757220.50 EASTING 757638.12 EASTING 757638.12 EASTING 757840.75 EASTING 757841.62 EASTING 757843.25 EASTING 757847.31 EASTING 757847.3t EASTING 554056.28 553174.18 553179.81 553226.43 553245.00 553248.75 553320.93 553522.37 553522.37 553313.62 553313.62 553337.62 553392.00 553445.93 553452.50 SAID POINT BEING ON THE SOUTH SAID POINT BEING ON THE SOUTH BCI/BCP SSA 4 STEWARDSHIP EASEMENT AGREEMENT EXHIBIT "D" GIS MAPPING DESCRIPTION Zt2/2004- 1326E.4 Ver~ 01!- BSTOCKHAM c,~ Of/ices strategically located to serve our c/lents 8170.649.4336 03786-000-0(X)- - 0 Naples/Corporate Office 3200 Bailey Lane, Suite 200 · Naples, Florida 34105 o 239.649.4040 ,, Fax 239.643.571 wil$onmiller, cum WH$onMiller. lnc -- FL £ic., [C-C000770 MAR 2 3 2004 WilsdnMiileF New Directions In Planning, Design & Eng/neerMg DESCRIPTION OF LANDS LYING WITHIN SECTIONS 33, 3,1, 35, AND 36, TOWNSHIP 46 SOUTH, RANGE 30 EAST AND SECTIONS 1, 2. 3 AND 4, TOWNSHIP 47 SOUTH, RANGE 30 EAST. COLLIER COUNTY, FLORIDA. {AGRICULTURAL GROUP 1 AND AGRICULTURAL GROUP 2 DELINEATION WITHIN STEWARDSHIP SENOING AREA 3} SHEET 6 OF 21 POINT NUMBER 1829, NORTHING 757853.06,EASTING 553498.56 POINT NUMBER 1830, NORTHING 757859.62,EASTING 553522.37 POINT NUMBER 1831, NORTHING 757867.06,EASTING 553549.75 POINT NUMBER 1832, NORTHING 757899.06,EASTING 553596.18 POINT NUMBER 1833, NORTHING 757942.50,EASTING 553621.93 POINT NUMBER 1834, NORTHING 757999.12,EASTING 553622.25 POINT NUMBER 1835, NORTHING 758047.56,EASTING 553603.06 POINT NUMBER 1836, NORTHING 758093.50,EASTING 553572.37 POINT NUMBER 1837, NORTHING 758136.12,EASTING 553536.62 THENCE NORTH 16"39'28" WEST 49.71 FEET TO THE PARCEL HEREIN DESCRIBED (POINT NUMBER 1630) CONTAINING 127 ACRES MORE OR LESS. POINT OF BEGINNING OF PARCEL "B" OF THE NORTHING 758183.75,EASTING 553522.37; ALSO INCLUDING THE FOLOWING DESCRIBED PARCEL: COMMENCING AT THE AFOREMENTIONED POINT "B" (POINT NUMBER 1813) NORTHING 755711.74,EASTING 554566.31, SAID POINT BEING ON THE SOUTH LINE OF SAID SECTION 3 PER THE COLLIER SURVEY; THENCE ALONG SAID LINE NORTH 89°53'17'' EAST 164.31 FEET TO THE POINT OF BEGINNING OF PARCEL "C" OF THE PARCEL HEREIN DESCRIBED (POINT NUMBER 1838) NORTHING 755712.06,EASTING 554730.62; THENCE LEAVING SAID LINE IN STRAIGHT LINE SEGMENTS THROUGH THE FOLLOWING VERTECES POINT NUMBER 1839 THROUGH POINT NUMBER 1880 INCLUSIVE): POINT NUMBER 1839) NORTHING 755759.18,EASTING 554743.25 1840) NORTHING 755774.81 ,EASTING 554747.43 POINT NUMBER POINT NUMBER 1841) NORTHING 755824.81 ,EASTING 554766.62 POINT NUMBER 1842) NORTHING 755841.25,EASTtNG 55z~775.06 POINT NUMBER 1843) NORTHING 755872.43,EASTING 554790.93 POINT NUMBER 1844) NORTHING 755976.62,EASTING 554826.93 POINT NUMBER 1845) NORTHING 756037.37,EASTING 554844.87 POINT NUMBER 1846) NORTHING 756075.06,EASTING 554859.56 POINT NUMBER 1847) NORTHING 756090.68,EASTING 554872.18 POINT NUMBER 1848) NORTHING 756101.31 ,EASTING 554889.37 POINT NUMBER 1849) NORTHING 756108.75,EASTING 554917.37 POINT NUMBER 1850) NORTHtNG 756107.93,EASTING 554951.31 POINT NUMBER 1851) NORTHING 756101.31 ,EASTING 554995.25 POINT NUMBER 1852) NORTHING 756080.81 ,EASTI NG 555085.00 POINT NUMBER 1853) NORTHING 756067.68,EASTING 555173.00 POINT NUMBER 1854) NORTHING 756065.25,EASTING 555192.68 POINT NUMBER 1855) NORTHING 756057.87,EASTING 555220.68 POINT NUMBER 1856) NORTHING 756052.93,EASTING 555249.87 POINT NUMBER 1857) NORTHING 756068.50,EASTING 555263.25 POINT NUMBER 1858) NORTHING 756093.93,EASTING 555270.93 POINT NUMBER 1859) NORTHING 756103.00,EASTING 555273.87 POINT NUMBER 1864) POINT NUMBER 1865) POINT NUMBER 1866) POINT NUMBER 1867) POINT NUMBER 1860) NORTHING 756133.31,EASTING POINT NUMBER 1861) NORTHING 756141.56,EASTING POINT NUMBER 1862) NORTHING 756154.68,EASTING POINT NUMBER 1863) NORTHING 756164.50,EASTING NORTHING 756163.68,EASTING NORTHING 756162.06,EASTING NORTHING 756096.43,EASTING NORTHING 756087.37,EASTING 555281.18 555287.75 555299.75 555320.68 555333.81 555345.87 555819.00 556897.06 BCI/BCP SSA 4 STEWARDSHIP EASEMENT AGREEMENT EXHIBIT "D" 2/'2J200~- 13Z664 Vet: 01!- BSTOCKI-~M GIS MAPPING DESCRIPTION ~"~ Offices strategically located to serve our clients 800.649. 4336 Nap/es/Corporate Office 3200 Bailey Lane, Suite 200 o Nap/es, F/on'da 34105 o 239.$49.4040 o Fax 239.643 571~ wilsonmiller, corn MAR 2 3 200z WilsdnMilleF DESCRIPTION OF LANDS LYING WITHIN SECTIONS 33, 34, 35, AND 36, TOWNSHIP 46 SOUTH, RANGE 30 ,CAST AND SECTIONS 1.2, 3 AND 4. TOWNSHIP 47 SOUTH, RANGE 30 EAST. COLLIER COUNTY, FLORIDA. (AGRICULTURAL GROUP 1 AND AGRICULTURAL GROUP 2 DELINEATION WITHIN STEWARDSHIP SENDING AREA 3) SHEET 7 OF 21 (POINT NUMBER 1868) NORTHING 756077.56,EASTING 555954.87 (POINT NUMBER 1869) NORTHING 756072.62,EASTING 555992.00 (POINT NUMBER 1870) NORTHING 756061.12,EASTING 556037.25 (POINT NUMBER 1871) NORTHING 756054.56,EASTING 556047.00 (POINT NUMBER 1872) NORTHING 756039.81,EASTING 556050.06 (POINT NUMBER 1873) NORTHING 756037.37,EASTING 556066.56 (POINT NUMBER 1874) NORTHING 756035.68,EASTING 556077.06 (POINT NUMBER 1875) NORTHING 756016.00,EASTING 556106.68 (POINT NUMBER 1876) NORTHING 755992.18,EASTING 556101.87 (POINT NUMBER 1877) NORTHING 755967.62,EASTING 556096.93 (POINT NUMBER 1878) NORTHING 755917.56,EASTING 556086.87 (POINT NUMBER 1879) NORTHING 755881.43,EASTING 556079.81 (POINT NUMBER 1880) NORTHING 755714.63,EASTING 556046.68 SAID POINT LYING ON THE SOUTH LINE OF SAID SECTION 3 AND BEING HEREINAFTER REFERRED TO AS POINT "C' THENCE ALONG SAID LINE SOUTH 89°53'17" WEST 1316.06 FEET TO THE POINT OF BEGINNING OF PARCEL "C" OF THE PARCEL HEREIN DESCRIBED (POINT NUMBER 1838) NORTHING 755712.06,EASTING 554730.62; CONTAINING 12 ACRES MORE OR LESS. ALSO INCLUDING THE FOLOWING DESCRIBED PARCEL: COMMENCING AT THE AFREMENTIONED POINT "C" (POINT NUMBER 1880) NORTHING 755714.63,EASTING 556046.68; THENCE ALONG THE SOUTH LINE OF SAID SECTION 3 NORTH 89°53'17" EAST 632.58 FEET TO THE SOUTHWEST CORNER OF SAID SECTION 2 PER THE COLLIER SURVEY, (POINT NUMBER 1881 ) NORTHING 755715.87,EASTING 556679.26; THENCE ALONG THE SOUTH LINE OF SAID SECTION 2 NORTH 89°40'47" EAST 2509.64 FEET TO THE POINT OF BEGINNING OF PARCEL "D' OF THE PARCEL HEREIN DESCRIBED (POINT NUMBER 1882) NORTHING 755729.90, EASTIN G 559188.87; THENCE LEAVING SAID LINE IN STRAIGHT LINE SEGMENTS THROUGH THE FOLLOWING VERTECES (POINT NUMBER 1883 THROUGH POINT NUMBER 1936 INCLUSIVE): POINT NUMBER 1883 NORTHING 755759.18,EASTING 559153.68 POINT NUMBER 1884 POINT NUMBER 1885 POINT NUMBER 1886 POINT NUMBER 1887 POINT NUMBER 1888 POINT NUMBER 1889 POINT NUMBER 1890 POINT NUMBER 1891 POINT NUMBER 1892 POINT NUMBER 1893 POINT NUMBER 1894 POINT NUMBER 1895 POINT NUMBER 1896 POINT NUMBER 1897 POINT NUMBER 1898 'POINT NUMBER 1899 POINT NUMBER 1900 POINT NUMBER 1901 NORTHING 755928.25,EASTING NORTHING 755967.62,EASTING NORTHING 756102.18,EASTING NORTHING 756176.81 ,EASTING NORTHING 756294.18,EASTING NORTHING 756272.81 ,EASTING NORTHING 756258.87,EASTING NORTHING 756249.06,EASTING NORTHING 756240.81 ,EASTING NORTHING 756235.87,EASTING NORTHING 756223.62,EASTING NORTHING 756201.43,EASTING NORTH ING 756180.93,EASTI NG NORTHING 756176.81 ,EASTING NORTHING 756156.31 ,EASTING NORTHING 756135.00,EASTING NQRTHING 756112.81 ,EASTING NdRTHING 756099.68,EASTING 558950.68 558903.43 558741.87 558741.87 558741.87 558695.50 558667.62 558647.43 558632.25 558623.12 558600.68 558551.31 558501.87 558493.87 558453.81 5584O4.87 558350.31 558297.87 BCI/BCP SSA 4 r STEWARDSHIP EASEMENT AGREEMENT EXHIBIT "D" GIS MAPPING DESCRIPTION Offices strategically located to serve our clients 800.649.4336 Nap/es/Corporate Office 3200 Bailey Lan~, Suite 200 · Nap/es, F/or/da 34105 ° 239.649. 4040 · Fax 239.543.571 wl/sonmi//er, corn MAR 2 3 200z r,,._. WilsdnMilleF Ne~v Directions In ~anning, Design & Engineering DESCRIPTION OF LANDS LYING WITHIN SECTIONS 33, 34, 35, AND 36, TOWNSHIP 46 SOUTH, RANGE 30 EAST AND SECTIONS 1, 2, 3 AND 4, TOWNSHIP 47 SOUTH, RANGE 30 EAST. COLLIER COUNTY, FLORIDA. (AGRICULTURAL GROUP 1 AND AGRICULTURAL GROUP 2 DELINEATION WITHIN STEWARDSHIP SENDING AREA 3} SHEET 8 OF 21 POINT NUMBER 1902, NORTHING POINT NUMBER 1903, NORTHING POINT NUMBER 1904, NORTHING POINT NUMBER 1905, NORTHING POINT NUMBER 1906, NORTHING POINT NUMBER 1907, NORTHING POINT NUMBER 1908, NORTHING POINT NUMBER 1909, NORTHING POINT NUMBER 1910, NORTHING POINT NUMBER 1911, NORTHING POINT NUMBER 1912, NORTHING POINT NUMBER 1913, NORTHING POINT NUMBER 1914, NORTHING POINT NUMBER 1915, NORTHING POINT NUMBER 1916, NORTHING POINT NUMBER 1917, NORTHING POINT NUMBER 1918, NORTHING POINT NUMBER 1919, NORTHING POINT NUMBER 1920, NORTHING POINT NUMBER 1921, NORTHING POINT NUMBER 1922, NORTHING REFERRED TO AS POINT "D" POINT NUMBER 1923, NORTHING POINT NUMBER 1924, NORTHING POINT NUMBER 1925, NORTHING POINT NUMBER 1926, NORTHING POINT NUMBER 1927, NORTHING POINT NUMBER 1928 NORTHING 756120.18,EASTING 558262.81 756176.81 ,EASTING 558248.25 756231.81,EASTING 558235.06 756283.50,EASTIN G 558222.00 756335.18,EASTING 558206.50 756386.06,EASTIN G 558191.25 756721.62,EASTING 558124.68 756721.62,EASTING 558124.68 756749.50 EASTING 558129.06 756765.93 EASTING 558145.06 756785.62 EASTI NG 558193.31 756802.87 EASTING 558227.75 756957.93 EASTING 558533.18 757012.06,EASTING 558640.25 757013.75,EASTING 558643.81 757169.62,EASTING 558950.68 757220.50,EASTING 559051.18 757271.37,EASTING 559151.43 757274.62,EASTING 559159.50 757285.31 ,EASTING 559189.68 757276.31 ,EASTING 559212.62 757242.62,EASTING 756721.62,EASTING 756520.62,EASTING 756469.75,EASTING 756385.25,EASTING 756360.62,EASTING 559217.75 559295.62 559324.31 559342.87 559367.43 559374.50 POINT NUMBER 1929 POINT NUMBER 1930 POINT NUMBER 1931 POINT NUMBER 1932 POINT NUMBER 1933 POINT NUMBER 1934 NORTHING 756191.62,EASTING 559436.12 NORTHING 756025.87,EASTING 559496.81 NORTHtNG 755943.00,EASTING 559535.31 NORTHING 755890.50,EASTING 559584.62 NORTHING 755837.93,EASTING 559635.37 NORTHING 755792.00,EASTING 559680.12 SAID POINT BEING HEREINAFTER POIClT NUMBER 1935 NORTHING 755758.37,EASTING 559718.68 POINT NUMBER 1936 NORTHING 755733.00,EASTING 559743.99 LINE OF SAID SECTION 2; THENCE ALONG SAID LINE SOUTH 89°40'47'' WEST 555.13 FEET TO THE POINT OF BEGINNING OF PARCEL "D" OF THE PARCEL HEREIN DESCRIBED (POINT NUMBER 1882) NORTHING 755729.90,EASTING 559188.87; CONTAINING 29 ACRES MORE OR LESS. SAID POINT BEING ON THE SOUTH ALSO INCLUDING THE FOLOWING DESCRIBED PARCEL: COMMENCING AT THE AFREMENTIONED POINT "D" (POINT NUMBER 1922) NORTHING 757276.31 ,EASTING 559212.62; Naples/Corporate Off/ce 3200 Barley Lane, Suite 200 · Nap/es, F/or/da 34105 o 239.649. 4040 o Fax 239.543.5 wilsonmiller, com THENCE NORTH 30°9'38'' EAST 117.39 FEET TO THE POINT OF BEGINNING OF PARCEL "E" OF THE PARCEL HEREIN DESCRIBED (POINT NUMBER 1937) NORTHING 757429.68,EASTING 559301.75; THENCE LEAVING,'SAID LINE IN STRAIGHT LINE SEGMENTS THROUGH THE FOLLOWING VERTECES (POINT NUMBER 1938 THROOGH POINT NUMBER 2004 INCLUSIVE): BCI/BCP SSA 4 STEWARDSHIP EASEMENT AGREEMENT EXHIBIT "D" GIS MAPPING DESCRIPTION _O/f/cos strategically located to serve our clients 800.64g.4336 NAR 2 3 200 /¢. , Wils nMilleF ~lew Dire~tio~ In Pla~r~tl~, 0#$i~ & £ngir~ering DESCP,IPTION OF LANDS LYING WITHIN SECTIONS 33, 34, 35, AND 36, 'TOWNSHIP 46 SOUTH. P-.ANGE 30 EAST AND SECTIONS 1.2, 3 AND 4. TOWNSHIP 47 SOUTH. RANGE 30 FAST. COLLIER COUNTY, FLORIDA~ (AGRICULTURAL GROUP 1 AND AGRICULTURAL GP'OUP 2 DELINEATION WITHIN STEWAP'DSHIP SENDING ARFA 3) SHEET 9 OF 21 POINT NUMBER 1938, NORTHING 757458.43,EASTING POINT NUMBER 1939, NORTHING 757573.31 ,EASTING POINT NUMBER 1940, NORTHING 757638.12 BASTING POINT NUMBER 1941, NORTHING 757664.37 1942, NORTHING 757788.25 1943 NORTHING 757864.56 1944 NORTHING 758055.75 1945 NORTHING 758096.75 1946 NORTHING 758265.00 1947 NORTHING 758382.31 1948 NORTHING 758392.93 1949 NORTHING 758473.37 POINT NUMBER 1950 NORTHING 758685.87 POINT NUMBER 1951 NORTHING 758891.00 POINT NUMBER 1952 NORTHING 758979.62 POINT NUMBER 1953 NORTHING 759082.18 POINT NUMBER 1954 NORTHING 759086.25 POINT NUMBER 1955 POINT NUMBER 1956 POINT NUMBER 1957 POINT NUMBER POINT NUMBER POINT NUMBER POINT NUMBER POINT NUMBER POINT NUMBER POINT NUMBER POINT NUMBER 559297.56 559286.00 559248.31 EASTING 559232.93 EASTING 559159.50 EASTING 559113.75 EASTING 558979.31 EASTING 558950.68 EASTING 558832.06 EASTING 558749.56 EASTING 558741.87 EASTING 558684.56 EASTING 558533.18 EASTING 558387.25 EASTING 558324.37 EASTING 558324.37 EASTING 558324.37 NORTHING 759161.75,EASTING 558324.37 NORTHING 759201.12,EASTING 558275.31 NORTHING 759220.00,EASTING 558226.31 POINT NUMBER 1958, NORTHING 759224.12,EASTING 558171.87 POINT NUMBER 1959, NORTHING 759219.18,EASTING 558115.56 POINT NUMBER 1960, NORTHING 759308.62,EASTING 558115.56 POINT NUMBER 1961, NORTHING 759308,62,EASTING 558019.37 POINT NUMBER 1962, NORTHING 759318.30,EASTING 558018.12 SAID POINT BEING ON THE SOUTH LINE OF SAID C.R. 846 POINT NUMBER 1963, NORTHING 759327.19,EASTING 560027.50 SAID POINT BEING ON THE SOUTH LINE OF SAID C.R. 846 AND BEING HEREINAFTER REFERRED TO AS POINT "E" POINT NUMBER 1964, NORTHING 759308.62,EASTING 560029.62 POINT NUMBER 1965, NORTHING 759112.56,EASTING 560052.50 POINT NUMBER 1966, NORTHING 758953.37,EASTING 560083.37 POINT NUMBER 1967, POINT NUMBER 1968, POINT NUMBER 1969, POINT NOMBER 1970, POINT NUMBER 1971, POINT NUMBER 1972, POINT NUMBER 1973 POINT NUMBER 1974 NORTHING 758891.00 EASTING 560088.50 NORTHING 758830.31 NORTHING 758408.56 NORTHING 758387.25 NORTHING 758365.06 NORTHING 758350.31 NORTHING 758340.43 NORTHING 758335.56 NORTHING 758331.43 NORTHING 758314.18 NORTHING 758292.06 NORTHING 758265.00 EASTING 560093.62 EASTING 560084.75 EASTING 560100.12 EASTING 560143.56 EASTI NG 560188.43 EASTING 560203.37 EASTING 560212.31 EASTING 560215.50 EASTING 560229.81 EASTING 560243.06 EASTING 560246.43 560240.31 560231.25 NORTHING 758165.68,EASTING NORTHING 758066.43,EASTING NORTHING 757660.25,EASTING 560211.50 NORTHING 757559.37,EASTING 560203.37 NOP, THING 757465.81 ,EASTING 560195.81 NC{RTHING 757253.31 ,EASTING 560181.56 POINT NUMBER 1975 POINT NUMBER 1976 POINT NUMBER 1977 POINT NUMBER 1978 POINT NUMBER 1979 POINT NUMBER 1980 POINT NUMBER 1981 POINT NUMBER 1982 POINT NUMBER 1983 POINT NUMBER 1984 BCI/BCP SSA 4 STEWARDSHIP EASEMENT AGREEMENT EXHIBIT "D" GIS MAPPING DESCRIPTION .Offices strategically located to serve our clients 800.649.4336 Naples/Corporate Office 3200 Bailey Lane, Suite 200 o Naples, F/or/da 34105 · 239.649.4040 o Fax239.643.'. wilsonmiller, corn AGENI:)A ITED~ No,4. HAR 2 3 200. _ ~. WilscnMilleF New Directions/n Planning, Design & Engineering DESCRIPTION OF LANDS LYING WITHIN SECTIONS 33, 34, 35, AND 36, TOWNSHIP 46 SOUTH. RANGE 30 EAST AND SECTIONS 1.2.3 AND 4. TOWNSHIP 47 SOUTH, RANGE 30 EAST. COLLIER COUNTY. FLORIDA. (AGRICULTURAL GROUP 1 AND AGRICULTURAL GROUP 2 DELINEATION WITHIN STEWARDSHIP SENDING AREA 3) SHEET 10 OF 21 POINT NUMBER 1985, NORTHING 757232.81 ,EASTING 560172.43 POINT NUMBER 1986, NORTHING 757226.25,EASTING 560147.56 POINT NUMBER 1987, NORTHING 757223.75,EASTING 560121.12 POINT NUMBER 1988, NORTHING 757218.87,fASTING 560107.06 POINT NUMBER 1989, NORTHING 757207.37,fASTING 560102.12 POINT NUMBER 1990, NORTHING 757149.12,fASTING 560097.12 POINT NUMBER 1991, NORTHING 757110.56,EASTING 560092.18 POINT NUMBER 1992, NORTHING 757084.31,EASTiNG 560083.06 POINT NUMBER 1993, NORTHING 757059.68,EASTING 560070.68 POINT NUMBER 1994, NORTHING 757044.06,EASTING 560045.00 POINT NUMBER 1995, NORTHING 757017.81,fASTING 559997.87 POINT NUMBER 1996, NORTHING 756992.37,fASTING 559938.25 POINT NUMBER 1997, NORTHING 756981.75,EASTING 559884.43 POINT NUMBER 1998, NORTHING 756971.06,EASTING 559823.18 POINT NUMBER 1999, NORTHING 756947.25,fASTING 559664.25 POINT NUMBER 2000, NORTHING 756925.12,EASTING 559494.56 POINT NUMBER 2001, NORTHING 756929.18,fASTING 559444.00 POINT NUMBER 2002, NORTHING 756939.87,fASTING 559401.37 POINT NUMBER 2003, NORTHING 756965.31,fASTING 559372.00 POINT NUMBER 2004, NORTHING 757016.18,EASTING 559362.06 THENCE NORTH 08°17'55" WEST 417.88 FEET TO THE POINT OF BEGINNING OF PARCEL "E" OF THE PARCEL HEREIN DESCRIBED (POINT NUMBER 1937) NORTHING 757429.68,EASTING 559301.75; CONTAINING 69 ACRES MORE OR LESS. ALSO INCLUDING THE FOLOWING DESCRIBED PARCEL: COMMENCING AT THE AFREMENTIONED POINT "E" (POINT NUMBER 1963) NORTHING 759327.19,EASTING 560027.50, SAID POINT BEING ON THE SOUTH RIGHT-OF-WAY LINE OF SAID C.R. 846 THENCE ALONG SAID RIGHT-OF-WAY LINE NORTH 89°44'47'' EAST 3449.28 FEET TO THE POINT OF BEGINNING OF PARCEL "F" (POINT "F") OF THE PARCEL HEREIN DESCRIBED (POINT NUMBER 2005) NORTHING 759342.46,EASTING 563476.74, SAID POINT BEING ON THE SOUTH RIGHT-OF-WAY LINE OF SAID C.R. 846; THENCE ALONG SAID LINE NORTH 89°44'47'' EAST 3567.15 FEET TO THE INTERSECTION WITH THE WEST LINE OF C.R. 858 PER THE COLLIER SURVEY (POINT NUMBER 2006) NORTHING 759358.25,EASTING 567O43.86; THENCE ALONG SAID RIGHT-OF-WAY LINE OF C.R. 858 SOUTH 00"40'29" EAST 974.16 FEET TO AN ANGLE BREAK IN SAID RIGHT-OF-WAY LINE(POINT NUMBER 2007) NORTHING 758384.16,EASTING 567055.331; THENCE CONTINUING ALONG SAID RIGHT-OF-WAY LINE SOUTH 00°52'58" EAST 2610.36 FEET TO THE INTERSECTION WITH THE SOUTH LINE OF SAID SECTION 1 PER THE COLLIER SURVEY (POINT NUMBER 2008) NORTHING 755774.11,EASTING 567095.54; THENCE ALONG SAID SOUTH LINE OF SECTION 1 SOUTH 89"40'47" WEST 5108.22 FEET TO THE SOUTHWEST CORNER OF SAID SECTION; THENCE ALONG THE SOUTH LINE OF SAID SECTION 2 SOUTH 89~'40'47" WEST 1160.55 FEET TO A POINT OF DEPARTURE FROM SAID LINE (POINT NUMBER 2009) NORTHING 755739.06 EASTING 560826.87 THENCE LEAVING SAID LINE IN STRA GHT LINE SEGMENTS THROUGH THE F(~'LLOWING VERTECES (POINT NUMBER 2010 THROUGH POINT NUMBER 2168 INCLUSIVE): POINT NUMBER 2010, NORTHING 755770.68,EASTING 560800.37 POINT NUMBER 2011, NORTHING 755864.25,fASTING 560762.25 POINT NUMBER 2012, NO, RTHING 756464.81 ,EASTING 560517.81 POINT NUMBER 2013, NORTHING 756651.87,EASTING 560515.81 BCI/BCP SSA 4 STEWARDSHIP EASEMENT AGREEMENT EXHIBIT "D" GIS MAPPING DESCRIPTION ~*"~o~78~oo~oo~.o DOff/cos strategically located to serve our clients 800. 649. 4336 Naples/Corporate Off/ce 3200 Bailey Lane, Suite 200 · Nap/es, F/or/da 34105 ° 239.649.4040 o Fax 239.~ w/lsonm/ller. WilsdnMilleF New Directions In,Planning, Design. & Engineering DESCRIPTION OF LANDS LYING WITHIN SECTIONS 33, 34.35, AND 36, TOWNSHIP 46 SOUTH, RANGE 30 EAST AND SECTIONS 1, 2, 3 AND 4, TOWNSHIP 47 SOUTH, RANGE 30 EAST. COLLIER COUNTY, FLORIDA, (AGRICULTURAL GROUP 1 AND AGRICULTURAL GROUP 2 DELINEATION WITHIN STEWARDSHIP SENDING AREA 3) SHEET 1 1 OF 21 POINT NUMBER 2014, POINT NUMBER 2015, POINT NUMBER 2016, POINT NUMBER 20..17, POINT NUMBER 2018, POINT NUMBER 2019, POINT NUMBER 2020 POINT NUMBER 2021 POINT NUMBER 2022 POINT NUMBER 2023 POINT NUMBER 2024 POINT NUMBER 2025 POINT NUMBER 2026 POINT NUMBER 2027 POINT NUMBER 2028 POINT NUMBER 2029 POINT NUMBER 2030 POINT NUMBER 2031 POINT NUMBER 2032 POINT NUMBER 2033 POINT NUMBER 2034 POINT NUMBER 2035 POINT NUMBER 2036 POINT NUMBER 2037 POINT NUMBER 2038 POINT NUMBER 2039 POINT NUMBER 2040 POINT NUMBER 2041 POINT NUMBER 2042 POINT NUMBER 2043 POINT NUMBER 2044 POINT NUMBER 2045 POINT NUMBER 2046 POINT NUMBER 2047., POINT NUMBER 2048 POINT NUMBER 2049 POINT NUMBER 2050 POINT NUMBER 2051 POINT NUMBER 2052 POINT NUMBER 2053 POINT NUMBER 2054 POINT NUMBER 2055 POINT NUMBER 2056 POINT NUMBER 2057 POINT NUMBER 2058 POINT NUMBER 2059 POINT NUMBER 2060 POINT NUMBER 2061 POINT NUMBER 2062 NORTHING 756651.87 NORTHING 756802.87 NORTHING 756979.25 NORTHING 757003.87 NORTHING 757025.18 NORTHING 757037.50 NORTHING 757054.75 NORTHING 757094.93 NORTHING 757214.75 NORTHING 757374.75 NORTHING 757499.43 NORTHING 757578.25 NORTHING 757623.37 NORTHING 757638.12 EASTING NORTHING 757680.81 ,EASTING NORTHING 757890.00,EASTING NORTHING 758055.75,EASTING NORTHING 758454.50,EASTING NORTHING 758891.00,EASTING NORTHING 758995.18,EASTING NORTHING 759166.68 EASTING NORTHING NORTHING NORTHING 759194.56 759199.50 759200.31 NORTHING 759195.37 NORTHING 759188.81 NORTHING 759174.06 NORTHING 759133.06 NORTHING 759046.87 NORTHING 758971.43 NORTHING 758943.50 NORTHING 758913.18 NORTHING 758895.12 NORTHING 758878.68 NORTHING 758863.93 NORTHING 758854.87 NORTHING 758849.18 NORTHING 758829.43 NORTHING 758801.56 NORTHING 758772.87 NORTHING 758751.50 NORTHING 758709.68 NORTHING 758669.50 NORTHING 758653.06 NORTHING 758630.93 NORTHING NORTHING NqRTHING NORTHING EASTING 560515.81 EASTING 560520.62 EASTING 560526.37 EASTING 560545.50 EASTING 560583.81 EASTING 560602.87 EASTI NG 560613.50 EASTING 560620.93 EASTING 560643.25 EASTING 560662.31 EASTING 560675.18 EASTING 560692.06 EASTING 560715.50 560726.93 56O76O~06 560829.75 560884.68 561038.56 561207.O6 561247.25 561313.50 EASTING 561324.18 EASTING 562082.37 EASTING 562101.87 EASTING 562130.31 EASTING 562147.25 EASTI NG 562160.56 EASTI NG 562165.18 EASTING 562161.37 562155.75 562151.00 562139.62 562131.25 562115.12 562099.12 562082.37 562064.12 562055.25 562046.93 562050.68 562053.18 562082.37 562131.75 562154.93 562177.50 562193.18 562200.68 EASTING EASTING EASTING EASTI NG EASTING EASTI NG EASTING EASTING EASTING EASTING EAST ING EASTING EASTING EASTING EASTING EASTING 758607.93 EASTING 758584.93 ,EASTI NG 758512.75,EASTING 562206.68 758480.75,EASTI NG 562218.50 - No.__ BCI/BCP SSA 4 GIS MAPPING DESCRIPTION I MAR2 3200z Ve~O~'-SSTOCK~M -Offices strategically located to serve our c/lents 800.649.4336 ~ ---__ Nap/es/Corporate Office 32~ Bailey Lane, Suite 2~ * Napl~, Florida34105. 239.649.4040 ' F~ 239.~3.571~ P~ / ~ wi/sonmi//e~com ~ t WilsdnMiller® New Directions in Planning, Design & Engineenng DESCRIPTION OF LANDS LYING WITHIN SECTIONS 33, 34, 35, AND 36, TOWNSHIP 46 SOUTH, RANGE 30 EAST AND SECTIONS 1,2, 3 AND 4. TOWNSHIP 47 SOUTH, RANGE 30 EAST, COLLIER COUNTY, FLORIDA, (AGRICULTURAL GROUP 1 AND AGRICULTURAL GROUP 2 DELINEATION WITHIN STEWARDSHIP SENDING AREA 3) SHEET 12 OF 21 POINT NUMBER 2063 POINT NUMBER 2064 POINT NUMBER 2065 POINT NUMBER 2066 POINT NUMBER 2067 POINT NUMBER 2068 POINT NUMBER 2069 POINT NUMBER 2070 POINT NUMBER 2071 POINT NUMBER 2072 POINT NUMBER 2073, POINT NUMBER 2074 POINT NUMBER 2075 POINT NUMBER 2076 POINT NUMBER 2077 POINT NUMBER 2078 POINT NUMBER 2079 POINT NUMBER 2080 POINT NUMBER 2081 POINT NUMBER 2082 POINT NUMBER 2083 POINT NUMBER 2084 POINT NUMBER 2085 POINT NUMBER 2086 POINT NUMBER 2087 POINT NUMBER 2088 POINT NUMBER 2089 POINT NUMBER 2090 POINT NUMBER 2091 POINT NUMBER 2092, POINT NUMBER 2093 POINT NUMBER 2094 POINT NUMBER 2095 POINT NUMBER 2096 POINT NUMBER 2097 POINT NUMBER 2098 POINT NUMBER 2099 POINT NUMBER 2100 POINT NUMBER 2101 POINT NUMBER 2102 POINT NUMBER 2103, POINT NUMBER 2104, POINT NUMBER 2105, POINT NUMBER 2106, POINT NUMBER 2107, POINT NUMBER 2108, POINT NUMBER 2109, POINT NUMBER 2110, POINT NUMBER 2111, NORTHING 758473.37,EASTING NORTHING 758448.75,EASTING NORTHING 758413.50,EASTING NORTHING 758388.87,EASTING NORTHING 758370.00,EASTING NORTHING 758356.06,EASTING NORTHING 758335.56,EASTING NORTHING 758310.12,EASTING NORTHING 758291.25,EASTING NORTHING 758265.00,EASTING NORTHING NORTHING NORTHING NORTHING NORTHING NORTHING NORTHING NORTHING NORTHING NORTHING NORTHING NORTHING NORTHING NORTHING NORTHING NORTHING NORTHING NORTHING NORTHING NORTHING NORTHING NORTHING NORTHING NORTHING NORTHING NORTHING NORTHING NORTHING NORTHING NORTHING NORTHING NORTHING NORTHING NORTHING NORTHING NORTHING NORTHING NORTHING NORTHING 758219.87,EASTING 758164.87,EASTING 758055.75, EASTI NG 758032.75,EASTING 758027.87,EASTING 562626.31 757979.43,EASTING 562619.43 757926.12,EASTING 562616.56 757872.75 EASTING 562609.43 757820.25 757769.37 757719.37 757670.93 757610.25 757590.50 757573.31 757547.87 562226.93 562274.18 562379.93 562454.87 562499.93 562539.75 562589.37 562638.37 562666.50 562684.00 562677.75 562666.50 562634.37 562627.75 EASTING 562598.56 EASTING 562582.00 EASTING 562561.43 EASTING 562538.37 EASTING 562499.93 EASTING 562472.93 EASTING 562450.37 EASTING 562423.43 562403.00 562388.62 562382.18 562375.93 562365.56 562357.68 562351.18 562343.81 562336.75 562329.37 562326.68 562327.75 562329.37 562332.93 562427.31 562475.62 562509.43 562530.37 562542.81 562549.68 562553.68 562559.93 562567.62 757508.50,EASTING 757456.00 EASTING 757429.68 EASTING 757404.25 EASTING 757351.75 EASTING 757298.43 EASTING 757245.12 EASTING 757191.75 EASTING 757139.25. EASTI NG 757085.93 EASTING 757032.62. EASTING 757012.06 EASTING 756978.43 EASTING 756925.12 EASTING 756938.25 EASTING 756955.50 EASTING 756998.93 EASTING 757048.18 EASTING 757100.68 EASTING 757154.00 EASTI N G 757207.37,EASTING 757260.68,EASTING 757314.00,EASTING BCI/BCP SSA 4 STEWARDSHIP EASEMENT AGREEMENT EXHIBIT "D" GIS MAPPING DESCRIPTION 132664 Vet: 01!- BSTOC. KHAM _Offices strategically located to serve our c/lents 800.649.4336 03786~000-- O Nap/es/Corporate Office 3200 Bailey Lane, Suite 200 · Naples, F/or/da 34105 · 239.649. 4040 o Fax 239.643.5 wi/sonmi//er, corn AO~)A I~_ ~. MAR 2 3 200/' ,6 p,. //... Wils nMilleF New Directions In ;anning. Oesign & Engineering DESCRIPTION OF LANDS LYING WITHIN SECTIONS 33, 34.35, AND 36, TOWNSHIP 46 SOUTH, RANGE 30 EAST AND SECTIONS 1, 2, 3 AND 4. TOWNSHIP 47 SOUTH, RANGE 30 EAST, COLLIER COUNTY, FLORIOA. (AGRICULTURAL GROUP 1 AND AGRICULTURAL GROUP 2 DELINEATION WITHIN STEWARDSHIP SENDING AREA 3) SHEET 13 OF 21 POINT NUMBER 2112, NORTHING 757365.68,EASTING 562578.68 POINT NUMBER 2113, NORTHING 757417.43 EASTING 562594.37 POINT NUMBER 2114, NORTHING 757429.68 EASTING POINT NUMBER 2115, NORTHING 757467.43 EASTING POINT NUMBER 2116, POINT NUMBER 2117, POINT NUMBER 2118, POINT NUMBER 2119, POINT NUMBER 2120 POINT NUMBER 2121 POINT NUMBER 2122 POINT NUMBER 2123 POINT NUMBER 2124 POINT NUMBER 2125 POINT NUMBER 2126 POINT NUMBER 2127 POINT NUMBER 2128 POINT NUMBER 2129 POINT NUMBER 2130 POINT NUMBER 2131 POINT NUMBER 2132 POINT NUMBER 2133 POINT NUMBER 2134 POINT NUMBER 2135 POINT NUMBER 2136 POINT NUMBER 2137 POINT NUMBER 2138 POINT NUMBER 2139 POINT NUMBER 2140 POINT NUMBER 2141 POINT NUMBER 2142 NORTHING 757516.68 NORTHING 757564.25 NORTHING 757611.06 NORTHING 757647.93 NORTHING 757657.00 NORTHING 757702.12 NORTHING 757739.87 NORTHING 757751.37 NORTHING 757749.68 EASTING EASTING EASTING EASTING EASTING EASTING EASTING EASTING EASTING NORTHING NORTHING NORTHING NORTHING NORTHING NORTHING NORTHING 562599.12 562613.43 562635.62 562660.12 562686.31 562708.75 562714.00 562745.43 562782.37 562832.62 562888.43 562917.56 757748.06,EASTING 757747.25,EASTING 562942.06 757739.87,EASTING 562995.12 757723.43,EASTING 563046.06 757706.18,EASTING 563097.12 757692.25,EASTING 563149.06 757685.68,EASTING 563201.93 NORTHING 757684.06,EASTING 563255.68 NORTHING 757685.68,EASTING 563309.43 NORTHING 757690.62,EASTING 563363.06 NORTHING 757702.93,EASTING 563~15.18 NORTHING 757723.43,EASTING 563466.25 NORTHING 757757.06,EASTING 563506.25 NORTHING 757805.50,EASTING 563531.18 NORTHING 757848.18,EASTING 563541.62 NORTHING 757857.18,EASTING 563543.87 NORTHING 757911.31 ,EASTING 563539.56 NORTHING 757965.50,EASTING 563538.68 POINT NUMBER 2143 NORTHING 758018.81 ,EASTING 563538.25 POINT NUMBER 2144, NORTHING 758072.18,EASTING 563537.93 POINT NUMBER 2145, NORTHING 758126.31 ,EASTING 563537.62 POINT NUMBER 2146, NORTHING 7~8179.62,EASTING 563537.31 POINT NUMBER 2147, NORTHING 758233.00,EASTING 563537.00 POINT NUMBER 2148, NORTHING 758287.12,EASTING 563536.62 POINT NUMBER 2149, NORTHING 758340.43,EASTING 563535.81 POINT NUMBER 2150, NORTHING 758393.81 EASTING 563535.37 EASTING 563535.56 EASTING 563536.00 EASTING 563536.31 EASTING 563536.00 EASTING 563535.68 EASTING 563535.56 EASTING 563534.25 EASTING 563530.68 EASTING 563523.06 EASTING 563512.12 POINT NUMBER 2151, NORTHING 758447.93 POINT NUMBER 2152, NORTHING 758501.25 POINT NUMBER 2153, NORTHING 758554.62 POINT NUMBER 2154, NORTHING 758608.75 POINT NUMBER 2155, NORTHING 758662.06 POINT NUMBER 2156, NORTHING 758715.43 POINT NUMBER 2157, NORTHING 758769.56 POINT NUMBER 2158, NORTHING 758822.87 POINT NUMBE4R 2159, NO, RTHING 758875.43 POINT NUMBER 2160, NORTHING 758927.93 BCI/BCP SSA 4 · ' STEWARDSHIP EASEMENT AGREEMENT EXHIBIT "D" GIS MAPPING DESCRIPTION ~2J'2004- 132664 Ve~ (31!- BSTOOKHAM ~", Offices strategically located to serve our clients 800.649.4335 Nap/es/Corporate Office 3200 Bailey Lane, Suite 200 o Naples, Florida 34105 o 239.649.4040 ° Fax 239.543.~, wi/sonmi//er, con? 1'4AR 2 3 200, - WilsdnMilleF New Directions in ;lanning, Design & Engineering DESCRIPTION OF LANDS LYING WITHIN SECTIONS 33.34.35, AND 36, TOWNSHIP 46 SOUTH. RANGE 30 EAST " AND SECTIONS 1, 2.3 AND 4. TOWNSHIP 47 SOUTH, RANGE 30 EAST, COLLIER COUNTY. FLORIDA. (AGRICULTURAL GROUP 1 AND AGRICULTURAL GROUP 2 DELINE, ATION WITHIN STEWARDSHIP SENDING AREA 3) :: SHEET 14 OF 21 '* POINT NUMBER 2161, NORTHING 758981.25,EASTING 563505.00 POINT NUMBER 2162, NORTHING 759034.56,EASTING 563501.00 POINT NUMBER 2163, NORTHING 759088.75,EASTING 563497.87 POINT NUMBER 2164, NORTHING 759142.06,EASTING 563494.18 POINT NUMBER 2165, NORTHING 759195.37,EASTING 563487.06 POINT NUMBER 2166, NORTHING 759247.93,EASTING 563480.81 POINT NUMBER 2167, NORTHING 759302.06,EASTING 563478.18 POINT NUMBER 2168, NORTHING 759308.62,EASTING 563477.93 THENCE 92°00'41" 33.86 FEET TO THE POINT OF BEGINNING OF PARCEL "F" OF THE PARCEL HEREIN DESCRIBED (POINT NUMBER 2005) NORTHING 759342.46,EASTING 563476.74, SAID POINT BEING ON THE SOUTH RIGHT-OF-WAY LINE OF SAID C.R. 846; CONTAINING 464 ACRES MORE OR LESS (ACREAGE IS TOTAL LESS THE FOLLOWING 4 PARCELS). LESS THOSE LANDS DESCRIBED AS FOLOWS: COMMENCING AT SAID POINT "F" (POINT NUMBER 2005) NORTHING 759342.46,EASTING 583476.74, SAID POINT BEING ON THE SOUTH RIGHT-OF-WAY LINE OF SAID C.R. 846; THENCE LEAVING SAID LINE SOUTH 77°28'54'' EAST 545.98 FEET TO THE POINT OF BEGINNING OF PARCEL "F-I" OF THE PARCEL HEREIN DESCRIBED(POINT NUMBER 2169) NORTHING 759224.12,EASTING 564009.75; THENCE LEAVING SAID LINE THROUGH THE FOLLOWING POINT NUMBER 2203 INCLUSIVE): POINT NUMBER 2170, NORTHING 759250.37,EASTING NUMBER 2171, NORTHING 759261.87,EASTING POINT POINT NUMBER 2172, POINT NUMBER 2173, POINT NUMBER 2174, POINT NUMBER 2175, POINT NUMBER 2176, POINT NUMBER 2177, POINT NUMBER 2178, POINT NUMBER 2179, POINT NUMBER 2180, POINT NUMBER 2181, NORTHING 759270.06,EASTING NORTHING 759275.00,EASTING NORTHING 759276.62,EASTING NORTHING 759275.81,EASTING NORTHING 759272.50,EASTING NORTHING 759270.87,EASTtNG NORTHING 759265.12,EASTING NORTHING 759209.37,EASTING NORTHING 759152.75,EASTING NORTHING 759099.43,EASTING POINT NUMBER 2182, NORTHING 759045.25,EASTING POINT NUMBER 2183, NORTHING 758991.93,EASTING POINT NUMBER 2184, NORTHING 758938.56,EASTING POINT NUMBER 2185, NORTHING 758884.43,EASTING POINT NUMBER 2186, NORTHING 758822.87,EASTING POINT NUMBER 2187, NORTHING 758778.62,EASTING REFERRED TO AS POINT "F-l" POINT NUMBER 2188, NORTHING 758772.87,EASTING 564379.06 POINT NUMBER 2189, NORTHING 758768.75,EASTING 564360.00 POINT NUMBER 2190, NORTHING 758772.87,EASTING 564300.56 POINT NUMBER 2191, NORTHING 758774.50,EASTING 564243.18 POINT NUMBER 2192, NORTHING 758772.06,EASTING 564189.62 POINT NUMBER 2193, NORTHING 758769.56,EASTING 564136.06 POINT NUMBER 2194, NORTHING 758770.37,EASTING 564082.43 POINT NUMBER 2195, NORTHING 758772.06,EASTING 564028.93 POINT NUMBER 219~, NORTHING 758836.87,EASTING 564023.68 VERTECES (POINT NUMBER 2170 THROUGH 564O38.87 564087.06 564141.43 564199.18 564258.00 564315.43 564369.00 564379.06 564414.93 564412.06 564407.75 564405.81 564405.62 564405.75 564405.62 564406.00 564414.87 564404.87 SAID POINT BEING HEREINAFTER BCI/BCP SSA 4 STEWARDSHIP EASEMENT AGREEMENT EXHIBIT "D" GIS MAPPING DESCRIPTION c.,,,,.,o378,s_o0o_ooo...o _Offices strategically located to serve our clients 800.649.4336 Nap/es/Corporate Office 3200 Bailey Lane. Suite 200 o Naples, F/or/da 34105 o 239.649.4040 o Fax 239.643. wi/sonmi/ler, corn AGENDA IF~ No. MAR 2 3 20L WilsdnMilleF New Directions In ;~nning, Design & Engineering DESCRIPTION OF LANDS LYING WITHIN SECTIONS 33.34, 35, AND 36. TOWNSHIP 46 SOUTH, RANGE 30 FAST AND SECTIONS 1.2.3 AND TOWNSHIP 47 SOUTH. RANGE 30 EAST. COLLIER COUNTY. FLORIDA. (AGRICULTURAL GROUP 1 AND AGRICULTURAL GROUP 2 :; DELINEATION WITHIN STEWARDSHIP SENDING AREA 3) · SHEET15 OF 21 POINT NUMBER 2197, NORTHING 7588g0.18,EASTING 564022.06 POINT NUMBER 2198, NORTHING 7588g0.18,EASTING 564022.06 POINT NUMBER 21gg, NORTHING 758943.50,EASTING 564022.56 POINT NUMBER 2200, NORTHING 758997.68,EASTING 564022.56 ' POINT NUMBER 2201, NORTHING 75g051.00,EASTING 564022.62 POINT NUMBER 2202, NORTHING 759104.31 ,EASTING 564022.62 POINT NUMBER 2203, NORTHING 759162.56,EASTING 564018.37 THENCE NORTH 7°58'31'' WEST 62.16 FEET TO THE POINT OF BEGINNING OF PARCEL "F-I" OF THE PARCEL HEREIN DESCRIBED (POINT NUMBER 216g) NORTHING 759224.12,EASTING 56400g.75; CONTAINING 4 ACRES ~ORE OR LESS. AND LESS THOSE LANDS DESCRIBED AS FOLOWS: COMMENCING AT SAID POINT "F-l" (POINT NUMBER 2187) NORTHING 758778.62,EASTING 564404.87; THENCE SOUTH 89°36'37'' EAST 845.27 FEET TO THE POINT OF BEGINNING OF PARCEL "F-2" OF THE PARCEL HEREIN DESCRIBED (POINT NUMBER 2204) NORTHING 758772.87,EASTING 565250.12; THENCE LEAVING SAID LINE THROUGH THE FOLLOWING VERTECES (POINT NUMBER 2205 THROUGH POINT NUMBER 2301 INCLUSIVE): POINT NUMBER 2205 NORTHING 758804.06,EASTING POINT NUMBER 2206 POINT NUMBER 2207 POINT NUMBER 2208 POINT NUMBER 2209 POINT NUMBER 2210 POINT NUMBER 2211 POINT NUMBER 2212 POINT NUMBER 2213 NORTHING 758816.31 ,EASTING NORTHING 758822.06,EASTING NORTHING 758817.18,EASTING NORTHING 758811.43,EASTING NORTHING 758804.06,EASTING NORTHING 758781.87,EASTING NORTHING 758727.75,EASTING NORTHING 758681.75,EASTING 565266.50 565294.93 565341.25 565411.56 565422.93 565438.37 565478.68 565551.93 565624.06 POINT NUMBER 2214 POINT NUMBER 2215 POINT NUMBER 2216, POINT NUMBER 2217, POINT NUMBER 2218, POINT NUMBER 2219, POINT NUMBER 2220 POINT NUMBER 2221 POINT NUMBER 2222 POINT NUMBER 2223 POINT NUMBER 2224 POINT NUMBER 2225 POINT NUMBER 2226 POINT NUMBER 2227 POINT NUMBER 2228 POINT NUMBER 2229 POINT NUMBER 2230 POINT NUMBER 2231, POINT NUMBER 2232, POINT NUMBER 2233, POINT NUMBER 2234, POINT NUMBER 2235, NORTHING 758676.87,EASTING 565631.75 NORTHING 758669.50,EASTING 565643.00 NORTHING 758646.50,EASTING 565683.43 NORTHING 758644.87,EASTING NORTHING 758648.12,EASTING NORTHING 758648.12,EASTING NORTHING 758648.12,EAST. lNG NORTHING 758637.50,EASTING NORTHING 758619.43 EASTING NORTHING 758594.00 EASTING NORTHING 758562.81 ,EASTING NORTHING 758543.12 NORTHING 758535.75 NORTHING 758524.25 NORTHING 758504.56 NORTHING 758471.75 NORTHING 758461.06 NORTHING 758392.12 NORTHING 758282.18 NORTHING 758233.81 NORTHING 758177.18 NORTHING 758117.31 EASTING 565741.68 565813.37 565840.43 565865.68 565916.56 565979.18 566036.00 566076.31 EASTING 566125.68 EASTING 566210.81 EASTING 566275.12 EASTING 566319.93 EASTING 566349.06 EASTING 566358.81 EASTING 566381.12 EASTING 566423.00 EASTING 566427.37 EASTING 566400.50 566379.62 BCI/BCP SSA 4 STEWARDSHIP EASEMENT AGREEMENT EXHIBIT "D" GIS MAPPING DESCRIPTION Offices strategically located to serve our clients 800.649.4336 Naples/Corporate Office 3200 Bailey Lane, Su/le 200 · Naples, Florida 34105 o 239.649.4040 · Fax 239.643.5716 wilsonmlller, corn 1',4AR 2 3 200 WiisdnMilleF New Directions In ;arming, Design & Engineering DESCRIPTION OF LANDS LYING WITHIN SECTIONS 33, 34, 35, AND 35, TOWNSHIP 46 SOUTH, RANGE 30 EAST AND SECTIONS t. 2, 3 AND 4, TOWNSHIP 47 SOUTH. RANGE 30 EAST, COLLIER COUNTY. FLORIDA. (AGRICULTURAL GROUP I ANO AGRICULTURAL GROUP 2 DELINEATION WITHIN STEWARDSHIP SENDING AREA 3) SHEET 16 OF 21 POINT NUMBER 2236, NORTHING POINT NUMBER 2237, NORTHING POINT NUMBER 2238, NORTHING POINT NUMBER 2239, NORTHING POINT NUMBER 2240, NORTHING POINT NUMBER 2241, NORTHING 758055.75,EASTING 566363.18 758049.18,EASTING 566366.50 758030.31 ,EASTING 566385.93 757990.93,EAST1NG 566444.50 757976.18, EASTI N G 566466.81 757948.25,EASTING 566509.06 POINT NUMBER 2242, POINT NUMBER 2243, POINT NUMBER 2244, POINT NUMBER 2245, POINT NUMBER 2246, POINT NUMBER 2247, POINT NUMBER 2248, POINT NUMBER 2249, POINT NUMBER 2250 POINT NUMBER 2251 POINT NUMBER 2252 POINT NUMBER 2253 POINT NUMBER 2254 POINT NUMBER 2255 POINT NUMBER 2256 NORTHING 757936.75,EASTtNG NORTHING 757936.75,EASTING NORTHING 757935.93,EASTING NORTHING 757938.43,EASTING NORTHING 757938.43,EASTING NORTHING 757933.50,EASTING POINT NUMBER 2260, POINT NUMBER 2261, POINT NUMBER 2262, POINT NUMBER 2263, POINT NUMBER 2264, POINT NUMBER 2265, POINT NUMBER 2266, POINT NUMBER 2267, POINT NUMBER 2268, POINT NUMBER 2269, POINT NUMBER 2270, POINT NUMBER 2271 POINT NUMBER 2272, NORTHING NORTHING NORTHING NORTHING NORTHING NORTHING NORTHING NORTHING NORTHING 566534.50 566564.81 566600.00 566649.87 566671.00 566720.31 POINT NUMBER 2257 NORTHING 757645.50,EASTING REFERRED TO AS POINT "F-2" POINT NUMBER 2258, NORTHING 757645.50,EASTING POINT NUMBER 2259, NORTHING 757649.62,EASTING 757920.37,EASTING 566742.68 757893.31 ,EASTING 566756.18 757858.81 ,EASTING 566760.62 757800.56,EAST1NG 566757.62 757770.18, EASTI NG 566742.68 757736.56,EASTING 566717.06 757701.31 ,EASTING 566675.62 757675.06,EASTING 566645.62 757651.25,EASTtNG 566597.87 POINT NUMBER 2273, POINT NUMBER 2274, 566557.43 566530.25 566504.81 NORTHING 757663.56,EASTING 566466.81 NORTHING 757689.00,EASTING 566421.12 NORTHING 757730.00,EASTING 566362.87 NORTHING 757763:62,EASTING 566312.12 NORTHING 757805.50,EASTING 566264.31 NORTHING 757830.12,EASTING 566226.87 NORTHING 757858.00,EASTING 566159.68 NORTHING 757874.43,EASTING 566086.50 NORTHING 757877.68,EASTING 566049.25 NORTHING 757879.31,EAS~ING 566032.62 NORTHtNG 757880.18,EASTING 565977.43 , NORTHING 757885.06,EASTING 565916.25 NORTHING 757900.68,EASTING 565840.43 NORTHING 757903.93,EASTING 565834.68 NORTHING 757948.25,EASTtNG 565802.18 POINT NUMBER 2275, POINT NUMBER 2276, POINT NUMBER 2277, POINT NUMBER 2278, POINT NUMBER 2279, POINT NUMBER 2280, POINT POINT POINT NORTHING NORTHING NORTHING NORTHING NORTHING NORTHING 757990.12,EASTING 565768.06 758030.31 ,EASTING 565732.12 758055.75,EASTING 565711.00 758072.18,EASTING 565697.37 758108.25, EASTI NG 565659.25 758117.31 ,EASTING 565631.75 NUMBER 2281, NORTHING 758124.68,EASTING 565607.93 NUMBER 2282, N .ORTHING 758124.68,EASTING 565554.31 NUMBER 2283, NORTHING 758114.81,EASTING 565501.18 BCI/BCP SSA 4 STEWARDSHIP EASEMENT AGREEMENT EXHIBIT "D" GIS MAPPING DESCRIPTION o37~-~-ooo-.o Of/ices strategicalfJ; located to serve our clients 8611.649.4336 Naples/Corporate Office 3200 Bailey Lane. Suite 200 o Naples, Florida 34105 ° 239.649.4040 o Fax 239 643.5 wilsonmiiler, corn SAID POINT BEING HEREINAFTER Wilso*nMilleF New Directions In Planning, Design & En¢ineering DESCRIPTION OF LANDS LYING WITHIN SECTIONS 33, 34, 35, AND 36, TOWNSHIP 46 SOUTH, RANGE 30 EAST AND SECTIONS 1, 2, 3 AND 4. TOWNSHIP 47 SOUTH. RANGE 30 EAST, COLLIER COUNTY. FLORIDA. (AGRICULTURAL GROUP I AND AGRICULTURAL GROUP 2 DELINEATION WITHIN STEWARDSHIP SENOING AREA 3) SHEET 17 OF 21 POINT NUMBER 2284, POINT HUMBER 2285 POINT NUMBER 2288 POINT HUMBER 2287 POINT NUMBER 2288 POINT NUMBER 2289 POINT NUMBER 2290 POINT NUMBER 2291 POINT NUMBER 2292 POINT NUMBER 2293 POINT NUMBER 2294 POINT NUMBER 2295 POINT NUMBER 2296 POINT NUMBER 2297 POINT NUMBER 2298 POINT NUMBER 2299 POINT NUMBER 2300 NORTHING 758107.43,EASTING 565448.06 NORTHING 758104.12,EASTING 565422.93 NORTHING 758100.06,EASTING 565394.93 NORTHING 758090.18,EASTING 565342.00 NORTHING 758084.43,EASTING 565288.37 NORTHING 758076.25,EASTING 565221.81 NORTHING 758095.93,EASTING 565186.75 NORTHING 758141.87,EASTI NG 565184.18 NORTHING 758141.87,EASTING 565184.18 NORTHING 758191.93,EASTIN[G 565186.50 NORTHING 758245.25,EASTING 565192.68 NORTHING 758300.25,EASTING 565201.37 NORTHING 758356.87,EASTING 565211.43 NORTHING 758413.50,EASTING 565221.68 NORTHING 758473.37,EASTING 565230.93 NORTHING 758498.00,EASTING 565234.75 NORTHING 758511.93,EASTING 565235.56 POINT NUMBER 2301 NORTHING 758681.75,EASTING 565245.00 THENCE NORTH 3°13'8" EAST 91.27 FEET TO THE POINT OF BEGINNING OF PARCEL "F-2" OF THE PARCEL HEREIN DESCRIBED (POINT NUMBER 2204) NORTHING 758772.87,EASTING 565250.12; CONTAINING 21 ACRES MORE OR LESS. AND LESS THOSE LANDS DESCRIBED AS FOLOWS: COMMENCING AT SAID POINT "F-2" (POINT NUMBER 2257) NORTHING 757645.50,EASTING 566557.43; THENCE SOUTH 12°19'41'' WEST 648.39 FEET TO THE POINT OF BEGINNING OF PARCEL "F-3" OF THE PARCEL HEREIN DESCRIBED (POINT NUMBER 2302) NORTHING 757012.06,EASTING 566419.00; THENCE LEAVING SAID LINE THROUGH THE FOLLOWING VERTECES (POINT NUMBER 2303 THROUGH POINT NUMBER 2237 INCLUSIVE): POINT NUMBER 2303 NORTHING POINT NUMBER 2304 POINT NUMBER 2305 POINT NUMBER 2306 POINT NUMBER 2307 POINT NUMBER 2308 POINT NUMBER 2309 POINT NUMBER 2310 POINT NUMBER 2311, POINT NUMBER 2312 POINT NUMBER 2313 POINT NUMBER 2314 POINT NUMBER 2315 POINT NUMBER 2316 POINT NUMBER 2317 POINT NUMBER 2318 POINT NUMBER 2319 POINT NUMBER 2320 POINT NUMBER 2321 POINT NUMBER 2322 POINT NUMBER 2323 756994.06 EASTING 566455.31 NORTHING 756983.37 NORTHING 756960.37 NORTHING 756918.56 NORTHING 756863.56 NORTHING 756816.00 NORTHING 756802.87 NORTHING 756746.25 NORTHING 756695.37 NORTHING 756605.93 NORTHING 756527.18 NORTHING 756500.93 NORTHING 756481.25 NORTHING 756455.00 NORTHING 756444.31 NORTHING 756409.87 NORTHING 756406.56 NORTHING 756443.50 NORTHING 756471.37 NORTHING 756477.12 N'ORTHING 756503.37 EASTING 566466.81 EASTING 566490.37 EASTING 566531.00 EASTING 566564.75 EA,STING 566582.87 EASTING 566585.25 EASTING 566595.50 EASTING 566608.12 EASTING 566624.93 EASTING 566627.68 EASTING 566611.00 EASTING 566547.81 EASTING 566466.81 EASTING 566434.25 EASTING 566257.68 EASTING 566197.37 EASTING 566121.68 EASTING 566049.25 EASTING 566036.12 EASTING 565963.18 BCI/BCP SSA 4 STEWARDSHIP EASEMENT AGREEMENT EXHIBIT "D' GIS MAPPING DESCRIPTION Offices strategically located to serve our clients 800.649.4336 Nap/es/Corporate Office 3200 Bailey Lane, Suite 200 o Naples, Florida 34105 o 239.649.4040 o Fax 239.543. wllsonmil/er, corn WilsdnMii/er® New Directions In ~lanning. Oesign& Engineering DESCRIPTION OF LANDS LYING WITHIN SECTIONS 33, 34, 35. AND 36, TOWNSHIP 46 SOUTH, RANGE 30 EAST AND SECTIONS 1.2.3 AND 4, TOWNSHIP 47 SOUTH. RANGE 30 EAST. COLLIER COUN~¢, FLORIDA (AGRICULTURAL GROUP 1 AND AGRICULTURAL GROUP 2 DELINEATION WITHIN STEWARDSHIP SENDING AREA 3) SHEET 18 OF 21 POINT NUMBER 2324, NORTHING 756528.81 EASTING POINT NUMBER 2325, NORTHING 756564.93 POINT NUMBER 2326, NORTHING 756594.43 POINT NUMBER 2327, NORTHING 756602.68 POINT NUMBER 2328, NORTHING 756665.81 POINT NUMBER 2329, NORTHING 756665.81 POINT NUMBER 2330, NORTHING 756726.56 POINT NUMBER 2331, NORTHING 756770.06 REFERRED TO AS POINT "F-3" 565921.18 EASTING 565895.81 EASTING 565891.50 EASTING 565890.31 EASTING 565887.50 EASTING 565887.50 EASTING 565891.75 EASTING 565910.00 SAID POINT BEING HEREINAFTER POINT NUMBER 2332, NORTHING 756852.93,EASTING 565938.00. POINT NUMBER 2333, NORTHING 756930.87,EASTING 565971.62 POINT NUMBER 2334, NORTHING 756950.56,EASTING 565999.62 POINT NUMBER 2335, NORTHING 756964.50,EASTING 566049.25 POINT NUMBER 2336, NORTHING 756977.62,EASTING 566123.00 POINT NUMBER 2337, NORTHING 757012.06,EASTtNG 566237.06 THENCE EAST 181.94 FEET TO THE POINT OF BEGINNING OF PARCEL "F-3" OF THE PARCEL HEREIN DESCRIBED (POINT NUMBER 2302) NORTHING 757012.06,EASTING 566419.00; CONTAINING 8 ACRES MORE OR LESS. AND LESS THOSE LANDS DESCRIBED AS FOLOWS: COMMENCING AT SAID POINT "F-3" (POINT NUMBER 2331) NORTHING 756770.06,EASTING 565910.00; THENCE NORTH 80°00'03" WEST 1885.45 FEET TO THE POINT OF BEGINNING OF PARCEL "F-4" OF THE PARCEL HEREIN DESCRIBED (POINT NUMBER 2338) NORTHING 757053.93,EASTING 564034.93; THENCE LEAVING SAID LINE THROUGH THE FOLLOWING VERTECES (POINT NUMBER 2339 THROUGH POINT NUMBER 2426 INCLUSIVE): POINT NUMBER 2339, NORTHING 757012.06 EASTING 564026.12 POINT NUMBER 2340, NORTHING POINT NUMBER 2341, NORTHING POINT NUMBER 2342, NORTHING POINT NUMBER 2343, NORTHING POINT NUMBER 2344, NORTHING POINT'NUMBER 2345, NORTHING POINT NUMBER 2346, NORTHING POINT NUMBER 2347, NORTHING POINT NUMBER 2348, NORTHING POINT NUMBER 2349, NORTHING POINT NUMBER 2350, NORTHING POINT NUMBER 2351, NORTHING POINT NUMBER 2352, NORTHING POINT NUMBER 2353, NORTHING POINT NUMBER 2354, NORTHING POINT NUMBER 2355, NORTHING POINT NUMBER 2356, NORTHING POINT NUMBER 2357, NORTHING POINT NUMBER 2358, NORTHING POINT NUMBER 2359, NORTHING POINT NUMBER 2360, NORTHING POINT NUMBER 2361, NORTHING POINT NUMBER 2362, NORTHING 757001.43 756948.93 756898.06 756848.81 756825.81 756802.06 756756.93 EASTING 564023.87 EASTING 564011.81 EASTING 563995.56 EASTING 563974.06 EASTING 563961.43 EASTING 563948.31 EASTING 563918.68 756713.43JEASTING 756669.12,EASTING 756624.81 ,EASTING 756594.43,EASTING 756577.25,EASTING 756524.68,EASTING 756471.37,EASTING 756415.56,EASTING 756385.25,EASTING 756369.62,EASTING 756335.18,EASTING 756308.12,EASTING 756288.43,EASTING 756281.87,EASTING 756265.43,EASTING 756232.62,EASTING 563887.68 563856.81 563826.37 563811.37 563802.87 563787.50 563782.37 563786.43 563800.31 563807.37 563849.62 563897.00 563947.37 563961.43 563995.50 564037.81 BCI/BCP SSA 4 STEWARDSHIP EASEMENT AGREEMENT EXHIBIT "D' GIS MAPPING DESCRIPTION 132664 Ve~ 01!- 8STOCKPL&M Df/ices strategically located to serve our clients 800. 649.4336 Naples/Corporate Office 3200 Barley Lane, Suite 200 ,, Nap/es, F/or/da 34105 o 239.649.4040 o Fzx 239.~ wi/sonmi//er, corn Wils(wMiileF New Directions In Planning, Design & Engineering DESCRIPTION OF LANDS LYING WITHIN SECTIONS 33, 34, 35, AND 36, TOWNSHIP 46 SOUTH, RANGE 30 EAST AND SECTtONS 1, 2, 3 AND 4, TOWNSHIP 47 SOUTH, RANGE 30 EAST. COLLIER COUNTY, FLORIDA. (AGRICULTURAL GROUP 1 AND AGRICULTURAL GROUP 2 DELINEATION WiTHiN STEWARDSHIP SENDING AREA 3) SHEET 19 OF 21 POINT NUMBER 2363 POINT NUMBER 2364 POINT NUMBER 2365 POINT NUMBER 2366 POINT NUMBER 2367. POINT NUMBER 2368 POINT NUMBER 2369 POINT NUMBER 2370 POINT NUMBER 2371 POINT NUMBER 2372 POINT NUMBER 2373 POINT NUMBER 2374 POINT NUMBER 2375 POINT NUMBER 2376 POINT NUMBER 2377 POINT NUMBER 2378 POINT NUMBER 2379 POINT NUMBER 2380 POINT NUMBER 2381 POINT NUMBER 2382 POINT NUMBER 2383 POINT NUMBER 2384 POINT NUMBER 2385. POINT NUMBER 2386 POINT NUMBER 2387. POINT NUMBER 2388 POINT NUMBER 2389 POINT NUMBER 2390 POINT NUMBER 2391 POINT NUMBER 2392 POINT NUMBER 2393 POINT NUMBER 2394 POINT NUMBER 2395 POINT NUMBER 2396 POINT NUMBER 2397 POINT NUMBER 2398 POINT NUMBER 2399 POINT NUMBER 2400 POINT NUMBER 2401 POINT NUMBER 2402 POINT NUMBER 2403 POINT NUMBER 2404 POINT NUMBER 2405 POINT NUMBER 2406 POINT NUMBER 2407 POINT NUMBER 2408 POINT NUMBER 2409 POINT NUMBER 2410 POINT NUMBER 2411 NORTHING 756198.18 NORTHING 756176.81 NORTHING 756162.87 NORTHING 756115.31 NORTHING 756061.93 NORTHING 755967.62 NORTHING 755995.50 NORTHING 756021.75 NORTHING 756048.81 NORTHING 756053.75 NORTHING 756075.06 NORTHING 756103.81 EASTING EASTING EASTING EASTING EASTING EAST I N G EASTING EASTING EASTING EASTING EAST ING EASTING NORTHING NORTHING NORTHING NORTHING NORTHING NORTHING NORTHING NORTHING NORTHING NORTHING NORTHING NORTHING NORTHING NORTHING NORTHING NORTHING NORTHING NORTHING NORTHING NORTHING NORTHING NORTHING NORTHING NORTHING 756134.18 EASTING 756169.43, EASTI N G 756176.81 ,EASTING 756202.25,EASTING 756232.62,EASTING 756262.18,EASTING 756290.87,EASTING 756317.93,EASTING 756333.56,EASTING 756344.18,EASTING 756368.81 EASTING 756368.81 EASTING 756385.25 EASTING 756390.12 EASTI N G 756412.31 EASTING 756433.62 EASTING 756436.12 EASTING 756464.81 EASTING 756499.25 EASTING 756540.31 EASTING 756585.43 EASTING 756594.43 EASTING "756633.81 EASTING 756688.00 EASTING NORTHING 756739.68 NORTHING 756786.43 NORTHING 756802.87 NORTHING 756829.93 NORTHING 756872.62 NORTHING 756913.62 NORTHING 756952.18 NORTHING 756961.18 NORTHING 756990.75 NORTHING 757012.06 NORTHING 757027.68 NORTHING 757067.06. NORTHING 757107.25 EAST I N G EAST I N G EASTING EASTING EASTING EAST I N G EASTING EAST ING EASTING EASTING EAST I N G EASTING EASTI N G 564080.31 5641O4.68 564120.62 564144.81 564150.75 564110.43 564063.87 564017.18 56397O.43 563961.43 563924.18 563878.56 563835.06 563794.37 563784.81 563751.87 563707.37 563663.00 563617.56 563571.37 563543.87 563524.75 563476.93 563476.93 563439.18 563427.87 563378.87 563335.06 563330.75 563285.31 563244.50 563210.18 563180.31 563176.OO 563157.25 563152.43 563162.81 563190.87 563202.56 563221.93 563255.0O 563289.62 563326.37 563335.06 563363.87 563386.43 563402.87 563439.06 563474.75 BCI/BCP SSA 4 " STEWARDSHIP EASEMENT AGREEMENT EXHIBIT"D" ~ MAR 2 3 200 , GIS MAPPING DESCRIPTION ~2004-132§64 Ver:OI.-BSTO(;KHAM Offices strategically located to serve our clients 800 649 433§ J _ Naples/Corporate Off/ce 3200 Bailey Lane, Suite 200 · Naples, Florida 34105 o 239.649.4040 o Fax 239.643~7_.~ w//sonmi//er, corn WilsdnMiller® New Directions/n ;arming, Design & Engineering DESCRIPTION OF LANDS LYING WITHIN SECTIONS 33, 34, 35, AND 36. TOWNSHIP 46 SOUTH, RANGE 30 EAST AND SECTIONS 1, 2, 3 AND 4, TOWNSHIP 47 SOUTH. RANGE 30 EAST, COLLIER COUNTY, FLORIDA. (AGRICULTURAL GROUP 1 AND AGRICULTURAL GROUP 2 DELINEATION WITHIN STEWARDSHIP SENDING AREA 3} SHEET 20 OF 21 POINT NUMBER 2412, NORTHING POINT NUMBER 2413, NORTHING POINT NUMBER 2414, NORTHING POINT NUMBER 2415, NORTHING POINT NUMBER 2416, NORTHING POINT NUMBER 2417, NORTHING POINT NUMBER 2418, NORTHING POINT NUMBER 2419, NORTHING 757137.62,EASTING 563518.87 757148.31,EASTING 563543.87 757158.93,EASTING 563568.00 757171.25,EASTING 563620.31 757181.93, EASTI NG 563673.00 757192.56,EASTING 563725.56 757209.81,EASTING 563776.31 757220.50,EASTING 563803.37 POINT NUMBER 2420, NORTHING 757229.50,EASTING 563826.25 POINT NUMBER 2421, NORTHING 757238.56,EASTING 563878.75 POINT NUMBER 2422, NORTHING 757237.75,EASTING 563932.68 POINT NUMBER 2423, NORTHING 757237.75,EASTING 563989.75 POINT NUMBER 2424, NORTHING 757213.93,EASTING 564031.50 POINT NUMBER 2425, NORTHING 757159.75,EASTING 564048.31 POINT NUMBER 2426, NORTHING 757107.25,EASTING 564045.81 THENCE SOUTH 11°31'46" WEST 54.41 FEET TO THE POINT OF BEGINNING OF PARCEL "F-4" OF THE PARCEL HEREIN DESCRIBED (POINT NUMBER 2338) NORTHING 757053.93,EASTING 564034.93; CONTAINING 14 ACRES MORE OR LESS. PARCEL "F" CONTAINS 417 NET ACRES MORE OR LESS. AGRICULTURAL GROUP 1 CONTAINS 654 NET ACRES MORE OR LESS. AGRICULTURAL GROUP 2 LANDS: THOSE LANDS DESCRIBED IN STEWARDSHIP SENDING AREA 4 OF THE STEWARDSHIP EASEMENT AGREEMENT EXHIBIT "A" (WILSONMILLER DRAWING NUMBER 2H-26) CONTAINING 1240 ACRES MORE OR LESS, LESS THOSE LANDS DESCIBED ABOVE AS "AGRICULTRUAL GROUP 1 LANDS" CONTAINING 654 ACRES MORE OR LESS. AGRICULTURAL GROUP 2 CONTAINS 586 NET ACRES MORE OR LESS. SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. BEARINGS ARE BASED ON THE WEST LINE OF SAID SECTION 4 PER THE GOVERNMENT SURVEY BASED ON THE COLLIER SURVEY BEING SOUTH 00°59'47'' EAST. %._ SATEMENT OF DEFINITION, ACCURACY AND C.OORDINATE BASIS 1. DEFINITION: A. THE EXTERIOR BOUNDS OF S.S.A. 4 ARE BASED ON STEWARDSHIP EASEMENT AGREEMENT EXHIBIT "A"(REFERENCE WILSONMILLER DRAWING NUMBER 2H-46). B. THE INTERIOR LINES DEPICTED IN THIS SKETCH REPRESENT THE DELINEATION BETWEEN AGRICULTURAL GROUP 1 (LAND USE LAYER 5) AND AGRICULTURAL GROUP 2 (LAND USE LAYER 7) AS DEFINED IN SECTION 2.2.27.9.B,4 OF THE RURAL LANDS STEWARDSHIP AREA (RLSA) LAND DEVELOPMENT CODE AMENDMENTS. 2. ACCURACY: A. THESE LINES ARE BASED ON INTERPRETATIONS FROM AERIAL PHOTOGRAPHS HAVING THE FOLLOWING PARAMETERS: 1. DATE OF PHOTOGRAPHY: 4~23~03 2. NEGATIVE SCALE: 1:36000 3. PIXEL DIAMETER: 2.5' 4. TARGET SCA.L.,E: 1"=500' 5. SCALE NOT TO EXCEED :1"=500'. BCI/BCP SSA 4 STEWARDSHIP EASEMENT AGREEMENT EXHIBIT "D" GIS MAPPING DESCRIPTION _Offices strategically located lo serve our c/lents 800.649.4336 Nap/es/Corporate Office 3200 Barley Lane, Suite 200 · Nap/es, F/or/da 34105 o 239.549.4040 o Fax 232.6, wil$onmi/ler, corn WilsdnMilleF New Directions In Plannin¢, Design & Engineering DESCRIPTION OF LANDS LYING WITHIN SECTIONS :33, 34, 35. AND 36, TOWNSHIP 46 SOUTH, RANGE :30 EAST AND SECTIONS 1.2, 3 AND 4, TOWNSHIP 47 SOUTH, RANGE :30 EAST, COLLIER COUNTY, FLORIDA. (AGRtCULTURAL GROUP 1 AND AGRICULTURAL GROUP 2 :; DELINEATION WITHIN STEWARDSHIP SENDING AREA 3) SHEET 21 OF 21 6. THIS IMAGERY HAS NOT BEEN ORTHO CORRECTED IN ORDER TO MEET MINIMUM TECHNICAL STANDARDS OR NATIONAL MAP ACCURACY STANDARDS. 7. VERTICAL ELEVATION CHANGES WILL CAUSE HORIZONTAL DISPLACEMENT. EVERY EFFORT HAS - BEEN MADE TO MINIMIZE THIS EFFECT FOR CRITICAL FEATURES. 8. IN AREAS WHERE TALL STRUCTURES OR TREES LEAN TO OBSTRUCT FEATURES, EXPOSURES WERE MOSAICKED IN AN EFFORT TO MINIMIZE THE EFFECT. 9. THIS PRODUCT IS SIMILAR IN ACCURACY TO RECTIFIED ENLARGEMENTS, EXCEPT PROVIDED IN A DIGITAL FORMAT. B. BASED ON THESE PARAMETERS, THE LINES DEPICTED IN THIS DIGITAL FILE HAVE AN ESTIMATED. POSITIONAL ACCURACY OF +/- 20 FEET. C. MINOR DIFFERENCES IN POSITION AND ACREAGE BETWEEN THIS DESCRIPTION AND OTHER FORMATS CAN BE ATTRIBUTED TO COORDINATE PROJECTION AND SOFTWARE ACCUARCY PARAMETERS. 3. COORDINATE BASIS: THE LINES DEPICTED HEREON ARE BASED ON THE FLORIDA STATE PLANE COORDINATE SYSTEM, FLORIDA EAST ZONE, NORTH AMERICAN DATUM 83, GRS80, US SURVEY FEET. BY ' BRADLEY E. STOCKHAM, P.S.M. LS # 6390 DATE WILSONMILLER, INC. REGISTERED ENGINEERS AND LAND SURVEYORS. NOT VALID WITHOUT THE SIGNATURE AND ORIGINAL RAISED SEAL OF A PROFESSIONAL SURVEYOR AND MAPPER. NOT BASED ON FULL SURVEY OF SUBJECT LANDS. CERTIFICATE OF AUTHORIZATION # LB-43 REF. 2H-50 BCI/BCP SSA 4 STEWARDSHIP EASEMENT AGREEMENT EXHIBIT "D" GIS MAPPING DESCRIPTION 2~Z~004- 132664 V~': 01!- BSTOCKHAM c~, ~ffices strategically located to serve our clients 800. 649. 4336 03786-000-000- - 0 Naples/Corporate Office 3200 Bailey Lane, Suite 200 o Nap/es, Florida 34105 ° 239.649. 4040 o Fax 239.~43.571~ wilsonmilIar, corn 2 3 200z} MAR 2 3 2r $00'5g'47"£ 2911.391 MAR 2 3 2004 ISV3 £~ 30NVB o z ,000[ mz 2 J. 3~HS 33S AGENDA fi'[.v: /~, MAR 2 3 '" BCI~BCP SSA 4 Exhibit F FSA\HSA Lands NAR 2 3 2e.,0~, COMMUNITY REDEVELOPMENT AGENCY EXECUTIVE SUMMARY APPROVE AN ORDINANCE AMENDING ORDINANCES NO. 2003-61 AND NO. 2003-62 TO CLARIFY THE EFFECTIVE DATE PROVISIONS OF THOSE ORDINANCES; PROVIDE FOR CONFLICT AND SEVERABIMTY; AND PROVIDE FOR AN EFFECTIVE DATE. OBJECTIVE: Approve an ordinance to cladfy the desired boundaries of the reconfigured Immokalee Redevelopment Area to include a portion of the Immokalee Enterprise Zone, as depicted in attached Exhibit A. CONSIDERATIONS: On November 18, 2003, the Board of County Commissioners ("Board") approved four economic incentive programs by separate ordinances. Included in those approvals were the Fee Payment Assistance Program to mitigate the economic effects of increased impact fee rates for eligible businesses, and the Property Tax Stimulus Program to mitigate the economic effects of increased relocation or expansion costs for eligible businesses. At this meeting, to assist the Board's understanding, a map was presented depicting the boundaries of the area to which these economic incentives were intended to apply (See Exhibit A). The boundaries depicted on the map, however; actually conflicted with those set forth in the ordinances. The text of the ordinances adopting the economic incentives stated that the boundaries of the Immokalee Redevelopment Area were to be expanded ~to include the Immokalee Enterprise Zone in its entiretyf Because the boundaries of the Enterprise Zone were greatly expanded by the Board on September 14, 1999 to include census tracts 112.04, 112.05, 113 and 114 (See Exhibit B), the map presented to the Board was in error. That map, illustrating the supposed "entirety" of the Enterprise Zone, was actually an outdated map, which depicted the much smaller, pre-September 14, 1999 boundaries. Because of the virtually identical geometric shape of these boundaries (albeit having radically different proportions), the difference was mistakenly overlooked. Consequently, the Board approved ordinances for an expansion of the Immokalee CRA that was never intended by Staff or accurately shown to the Board. However, according to the Immokalee Redevelopment Area Advisory Board ("Advisory Board"), the intent of the Advisory Board was to include all four census tracts within the boundaries of the redevelopment area; and on February 18, 2004, the Advisory Board met and affirmed its original intent to include all four census tracts within the expanded redevelopment area. FISCAL IMPACT: Based on the adopted language of the aforementioned economic incentive ordinances, once the base tax year appraised property value is established, all future ad valorem tax increments for property contained within the Immokalee Enterprise Zone (a.k.a. the four-census tract area comprised of tracts 112.04, 112.05, 113 and 114) would be deposited in the Immokalee CRA tax increment fund (TIF) trust MAR 2 3 200 ,~. Pi.. / fund rather than the County's general ad valorem fund. If the aforementioned ordinances are amended with the ordinance currently proposed, only the tax increments for the properties contained within the smaller area, i.e., the pre-September 14, 1999 Enterprise Zone boundary, would go to the Immokalee CRA TIF trust fund. The full ad valorem taxes for the remaining properties of the four-census tract area would continue to go to the County's general fund. GROWTH MANAGEMENT IMPACT: Policy 4.7 of the Future Land Use Element of the Growth Management Plan states that redevelopment plans may be developed for specific areas within the County that may consider alternative land use plans, modifications to development standards, and incentives to encourage redevelopment. ADVISORY BOARD RECOMMENDATION: When adopted in November 2003, the intent of the Immokalee Redevelopment Area Advisory Board was to include the four- census tract area comprised of tracts 112.04, 112.05, 113 and 114 (See Exhibit B). On February 18, 2004, the Advisory Board met and affirmed its original intent to include all four census tracts as the boundary of the expanded redevelopment area. STAFF RECOMMENDATION: Comprehensive Planning recommends that the Board amend the language of Ordinances No. 2003-61 and No. 2003-62 so that the boundaries of the Immokalee CRA include only that portion of the present Immokalee Enterprise Zone, as depicted in Exhibit A attached to this document, as was graphically presented to the Board on November 18, 2003. SUBMITTED BY: ~('.._ . ~ ~ DATE: John-D~vid'McJss, Senior Planner Comprehensive Planning Department Randall Cohe~, Manager Comprehensive Planning Department REVIEWED BY: -~"~~~oL~,, -,Lo,,,,.J ,, ,-,,,,~,.,,,.- DATE: Comprehensive Planning Department APPROVED BY: /~--~~~~ DATE: Community Development and Environmental Services AGENDA ITE No._ MAR 2 3 """" N 0 rn X m -~. ORDINANCE NO. 2004- AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NO. 2003-61 AND NO. 2003-62 TO CLARIFY THE EFFECTIVE DATE PROVISIONS OF THOSE ORDINANCES; PROVIDING FOR CONFLICT AND SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. 'WHEREAS, on November 18, 2003, the Board of County Commissioners of Collier County, Florida adopted Ordinance No. 2003-61, establishing a Fee Payment Assistance Program to mitigate the economic effects of increased impact fee rates; and Ordinance No. 2003-62, establishing a Property Tax Stimulus Program available to eligible businesses to mitigate the economic effects of increased relocation and expansion costs, which provided for certain economic incentives; and WHEREAS, Chapter 12501(1)(t), Florida Statutes, authorizes the Board to enact ordinances necessary for the exercise of its powers; and WHEREAS, enactment of the following amending ordinance will be in the public interest and serve a valid public purpose by clarifying the precise events required for the above-referenced economic i~c~t!';e ordinances to become effective. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, THAT: SECTION ONE. The "Effective Date" provisions of Ordinance Nos. 2003-61 & 2003- 62, in Section Three of both Or0inances, are amended as follows: This Ordinance will immediately become effective upon the last date of occurrence of all three of the following events, re§ardless of the order in which they may occur: 3. the effective date of ordinances by the Board of County Commissioners adopting appropriate amendments to modify the Collier County Community Redevelopment Plan for Immokalee to allow for the use of TIF funds for the repayment of property taxes to eligible business located in a portion of._the Immokalee Enterprise Zone and expanding the boundaries of the Immokalee Redevelopment Area to include a portion of the Immokalee Enterprise Zone, as that portion of the Immokalee Enterpise Zone is depicted in the attached Exhibit A. SECTION TWO, CONFLICT AND SEVERABILITY. Page 1 of 2 Words ~r-uc.k-thFcu.3h are deleted, words underlined are add In the event this Ordinance conflicts with any other Ordinance of Collier County or any other applicable law, the more restrictive will apply. If any phrase or portion of this Ordinance is held invalid or unconstitutional by any court of competent jurisdiction, such podion will be deemed a separate, distinct and independent provision and such holding will not affect the validity of the remaining portions. SECTION THREE. EFFECTIVE DATE. This Ordinance will become effective upon filing of this Ordinance with the Department of State; PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida this __ day of ,2004. ATTEST: DWIGHT E. BROCK, Clerk By: BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA Deputy Clerk By: to and Approved a.. f. prm Patrick G. White Assistant County Attorney Donna Fiala, Chairman Page 2 of 2 Words ............ ~,, are deleted, words underlined are added Proposed CRA Boundary MAR 2' 3 200~ ~ EXECUTIVE SUMMARY PETITION: PUDZ-03-AR-3831, ROBERT DUANE OF HOLE MONTES, INC., REPRESENTING ROBERT REED OF REED DEVELOPMENT COMPANY, REQUESTING A REZONE FROM "PUD" TO A "PUD" PLANNED UNIT DEVELOPMENT TO BE KNOWN AS THE CALUSA ISLAND VILLAGE PUD. THE PURPOSE IS TO INCREASE THE NUMBER OF DWELLING UNITS FROM 47 UNITS TO 52 UNITS, REDUCE THE COMMERCIAL AREA FROM 0.45- ACRES TO 0.12-ACRES, LIMITING THE COMMERCIAL FLOOR AREA TO A MAXIMUM OF 1,300 SQUARE FEET WHILE PERMITTING WITH 6 MULTI-FAMILY RESIDENTIAL UNITS, AND ELIMINATING THE PERMITTED COMMERCIAL USES THAT ARE NOT COMPATIBLE WITH RESIDENTIAL USES FOR PROPERTY LOCATED ON THE SOUTH SIDE OF GOODLAND DRIVE (C.R. 892) AND WEST OF SUNSET DRIVE IN SECTIONS 18 & 19, TOWNSHIP 52S, RANGE 27E AND CONSISTING OF 6.2 ACRES. OB~[ECTIVE: This petition seeks to rezone the subject site from PUD to PUD for the purpose of amending the Goodland Gateway PUD as noted above and to make sure that the project is consistent with all the applicable codes and regulations thereby ensuring that the community's interests are maintained. CONSIDERATIONS: The Board of County Commissioners adopted the currently approved Goodland Gateway PUD on June 12, 2001 (Ordinance Number 01-30). Due to changing market conditions, the current property owner wishes to increase the maximum number of dwellings from 47 units to 52 dwelling units at a density of 8.5 units per acre while changing the name to the Calusa Island Village PUD. In addition, the proposed open space (including the water management areas, landscaping and buffer areas) total the minimum required 30 percent open space for a mixed-use PUD. The permitted commercial uses have been pared down on the 0.12-acre Commercial/Mixed Use area. Access point to the project is provided from the existing Goodland Drive that serves the community. FISCAL IMPACT: This PUD by and of itself will have no fiscal impact on the County. However, if this request meets its objective, a portion of the existing land wilt be developed. The mere fact that new development has been approved will result in future fiscal impact on County public facilities. The County collects impact fees prior to the issuance of building permits to help offset the impacts 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. The following impact fees will be applicable to the 5 (if approved) additional dwelling units: PUDZ-03-AR-3831, Calusa Island Village PUD MAR 2 3 200q Park Impact Fee: · Library Impact Fee: · Fire Impact Fee: · School Impact Fee: · Road Impact Fee: · Correctional Facilitiesi · Radon Impact Fee: · EMS Impact Fee: · Building Code Adm.: · Micro Film Surcharge: $578.00 per unit $180.52 per unit $0.15 per square feet of building $827 per unit $890 per unit $t 17.98 per dwelling unit $0.005 per square toot of building $2 per unit $0.005 per square foot of building $1.50 per unit For an average unit size of 1,000 square feet, the total fiscal impact will be $2,757.18 per unit. Since this project proposes 5 additional residential units over the amount currently approved, the amount of additional residential impact fees collected at build-out for the five units will total $13,785.90. It should be noted that because impact fees vary by housing type and because this approval does not provide this level of specificity as to the actual type of use, the total impact fee quoted above is at best a raw estimate. Additionally, there is no guarantee that the project at build-out will have maximized their authorized level of development. Other fees will include building permit review fees and utility fees associated with connecting to the County's sewer and water system. Building permit fees and utility fees have traditionally offset the cost of adnfinistering the community development review process, whereas utility fees are used on their proportionate share of impact to the County system. Finally, additional revenue is generated by application of ad valorem tax rates. The revenue that will be generated depends on the value of the improvements. GROWTH MANAGEMENT IMPACT: The subject site is located within the Urban-Mixed Use District, Urban Coastal Fringe Sub-district, as designated in the Future Land Use Element (FLUE) of the Growth Management Plan (GMP). The FLUE permits residential dwellings such as those units provided in the currently approved Goodland Gateway PUD and that are proposed in the amended PUD document. The project density is consistent with the density rating system contained in the Future Land Use Element and is based on the following relationship: The maximum number of dwelling units is 47 dwelling units that were vested under a previously approved density. The five (5) additional dwelling units, permitted via FLUE Policy 5.1 (as adopted 12/16/03), states the following: All rezone petitions must be consistent with this Growth Management Plan. Property zoned prior to adoption of the Plan (January 10, 1989) and found to be consistent through the Zoning Re-evaluation Program are consistent with the Growth Management Plan and designated on the Future Land Use Map series as Properties Consistent by Policy. Zoning changes will be permitted to these properties, and to other properties deemed consistent with this Future Land Use Element via Policies 5.9 through 5.12, provided the amount of commercial land use, industrial land use, permitted number of dwelling units, and the overall intensity of development allowed by the new zoning district, except as allowed by Policy 5.11, are not increased. AGENDA ~TE~ No. , - MAR 2 3 2006 PUDZ-03-AR-3831, Calusa Island Village PUD 2 However, for these properties approved for commercial and residential uses, an increase in the number of dwelling units may be permitted if accompanied by a reduction in commercial area such that the overall intensity of development allowed by the new zoning district is not increased. It should be noted that this amendment is not yet in effect as the County has not yet received the Notice of Intent from the Florida Department of Community Affairs (DCA) as to whether the amendments are "in compliance" with Florida Statutes or not, which is then followed by a 21-day challenge (appeal) period. Assuming the amendment is found "in compliance" and is not challenged, the Comprehensive Planning staff anticipates that the amendment becoming effective in March 2004. ENVIRONMENTAL ISSUES: The Environmental staff has stipulated that all boat docks shall comply with the Manatee Protection Plan. Since there are no wetland or wildlife issues, no Environmental Impact Statement (EIS) is required. Therefore, the Environmental Services Department has recommended approval of the petition as submitted. ENVIRONMENTAL ADVISORY COUNCIL (EAC) RECOMMENDATION: Because no EIS was required, this petition was not required to go to the EAC. COLLIER COUNTY PLANNING COMMISSION RECOMMENDATION (CCPC): The Collier County Planning Commission (CCPC) reviewed this petition during their public heating on February 5, 2004. Their first motion was for denial, primarily to keep the project at the currently approved maximum of 47 dwelling units. That motion failed by a 4 to 3 vote. A second motion to forward Petition PUDZ-03-AR-3831 to the Board of County Commissioners (BCC) with a recommendation of approval was approved by a 6 to 1 vote subject to staff stipulations and the following conditions: 1. No entry wall or gate along Goodland Drive. The portion of the existing wall must be removed and the access agreement with the adjacent property owner amended. 2. No timeshare units are permitted. 3. Provide landscaping on exterior side of walls when adjacent to residential zoned properties. 4. Only single family and duplex units shall be permitted in the residential tract. 5. Revise Section 2.12.A (5) of the PUD to allow model homes and sales facilities as a general permitted use. 6. Limit the maximum number of residential units to 50 instead of the proposed 52 units. 7. Revise Section 4.3.A (3) of the PUD to delete SIC Code numbers 7361 and 7363 as permitted uses. PUDZ-03-AR-3871, Calusa Island Village PUD 3 MAR 2 3 It should be noted that the Planning Commissioners voting for approval found this petition to be consistent with the GMP via policy 5.1 of the Future Land Use Element. They also found that the project is compatible with the sun'ounding development subject to the above listed conditions as a means of mitigating the concerns expressed by three residents that spoke in opposition. The Planning Commissioner voting in opposition to the motion expressed concern over the increase in dwelling units. Staff has also received two letters in opposition of this petition that expressed concern with the increase in the number of dwelling units, the project becoming a time-share facility, and that the project not become a gated community. Staff has also received two letters of support of the project as submitted. Because of the public opposition, this petition could not be placed on the summary agenda. PLANNING SERVICES STAFF RECOMMENDATION: Staff recommends approval of Petition PUDZ-03-AR-3831 subject to staff stipulations that have been incorporated into the PUD Document as otherwise described by the amending Ordinance included in this Executive Summary. The PUD document has been amended to reflect the recommendations by the Planning Commission as supported by staff. The Petitioner has objected to the requirement to remove the existing wall located along Goodland Drive because the currently approved PUD permits it and because many other residents in Goodland have not objected to the wall. They are also requesting that the BCC approve the requested maximum of 52 dwelling units and not the 50-unit maximum recommended by the Planning Commission. RAYh4~)ND BELLOWS, CHIE~'PLANNER DATE DEPARTMENT OF ZONING & LAND DEVELOPMENT REVIEW REVIEWED BY: SU~N MURRAY, AICP, DIREC(TjOR DEPARTMENT OF ZONING & LAND DATE DEVELOPMENT REVIEW J~PH K. SC t-IMiTT, ADMINISTRATOR /MMUNITY DEV. AND ENVIRONMENTAL SVCS. PUDZ-03-AR-3831, Calusa Island Village PUD MAR 2 3 200~m ', County AGENDA ITEM 8-C STAFF REPORT COLLIER COUNTY PLANNING COMMISSION FROM: DEPARTMENT OF ZONING & LAND DEVELOPMENT REVIEW COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DATE: FEBRUARY 5, 2004 PETITION NO: PUDZ-03-AR-3831, CALUSA ISLAND VILLAGE PUD OWNER/AGENT: Agent: Robert Duane Owner: Hole Montes, Inc. 950 Encore Way Naples, Florida 34103 Robert Reed Reed Development Company 42 Water Oaks Way Naples, Florida 34105 REQUESTED ACTION: To have the Collier County Planning Commission consider an application to rezone the Goodland Gateway "PUD" to a new "PUD" Planned Unit Development to be known as the Calusa Island Village PUD. The purpose is to increase the number of dwelling units from 47 units to 52 units, reduce the commercial area from 0.45-acres to 0.12-acres, limiting the commercial floor area to a maximum of 1,300 square feet while permitting with 6 multi-family residential units, and eliminating the permitted commercial uses that are not compatible with residential uses. GEOGRAPHIC LOCATION: The property is located on the south side of Goodland Drive (C.R. 892) and west of Sunset Drive in Sections 18 & 19, Township 52S, Range 27E. (See location map following page). PURPOSE/DESCRIPTION OF PROJECT: The proposed 6.2-acre Calusa Island Village PUD permits a mix of residential dwelling units along a 100-foot wide canal. The project will also consist of approximately 0.12-acres of general commercial uses on the existing commercial tract. If approved, the development plan will allow the following: 1. A maximum of 52 dwelling units at a density of 8.5 units per acre. 2. Open space that includes water management areas, landscaping and minimum required 30 percent open space for mixed use PUDs. 3. Access point to the project is provided from the existing Goodland community. PUDZ-03-AR-3831, Calusa Island Village PUD 1 buffering totaling the Drive t MAR 2 '3 200q 23 2[ ~3 II II II II II MAR 2 3 L~3' I,U ::IAI~I(] (]N¥'ICIOOD ~C_~NDA ITEM MAI~ 2 3 SURROUNDING LAND USE AND ZONING: The subject site is currently vacant and clearing has altered a majority of the site. A seawall exists along the commercial canal frontage of the property. A five-foot wooden dock extends approximately 450 feet in length along the existing canal. Mangroves exist along the south and east property lines. Surrounding: North -Goodland Drive and a preserve area, Zoned A-ST. East - A 100-foot wide canal and then single-family dwellings, Zoned: RSF-4 & VR. South -Blue Hill Creek West- The developed Goodland Marina within the City of Marco Island jurisdiction. GROWTH MANAGEMENT PLAN CONSISTENCY: The subject site is located within the Urban-Mixed Use District, Urban Coastal Fringe Sub-district as designated in the Future Land Use Element (FLUE) of the Growth Management Plan (GMP). PUDZ-03-AR-3831, Calusa Island Village PUD 2 AC-~r. NOA I MAR 2 3 200Q i, FLUE and Density: The FLUE permits residential dwellings such as those units provided in the currently approved Goodland Gateway PUD and that remain the same in the proposed Calusa Island Village PUD. The project density is consistent with the density rating system contained in the Future Land Use Element and is based on the following relationship: The maximum number of dwelling units is 47 dwelling units that were vested under a previously approved density. In addition, the conversion of 0.33 acres of commercial uses to residential will allow for an additional 4.95 units for a maximum of 52 residential dwelling units that result in a total density of 8.5 units per acre. This proposed density is consistent with the Density Rating System. As a result, staff is of the opinion that the requested density is consistent with the FLUE of the Growth Management Plan. Transportation Element: The Transportation Department indicates that the proposed project will generate approximately 477 fewer weekday trips due to the reduction in the size of commercial tract. Based on staff's analysis, the project trips will not exceed the significance test (5 percent of the Level of Service (LOS) "C" design roadway volume) on any County road at the project build-out. As a result, this petition is consistent with Policy 5.1 and 5.2 of the Transportation Element. In addition, Goodland Drive is currently a 2-lane road with LOS "D" as its minimum standard. The current traffic count for this segment is 3,500 and is operating at LOS "C". As a result, this petition is consistent with Policies 1.3 and 1.4 of the Transportation Element. Lastly, Policy 9.3 encourages the interconnection of local streets between developments when feasible. Since the project abuts a canal and an existing marina with a private access road, an interconnection does not appear to be feasible at this location. Conservation and Open Space Element - The PUD document indicates that a combination of landscape, lakes, water management areas, and qualifying open space areas exceeds thirty (30) percent of the gross land area. The PUD will also achieve native vegetation preservation or re- vegetation requirements of the LDC by re-vegetation of native species, therefore the Conservation and Open Space elements of the GMP will be achieved by the PUD development strategy. Utilities and Water Management Element - Development of the land will proceed on the basis of connection to the County's sewer and water distribution system. These facilities are to be designed, constructed, conveyed, owned, and maintained in accordance with the current Collier County ordinances. Water management facilities will be constructed to meet current County Ordinances. These facilities will be reviewed and approved as a function of obtaining subsequent development order approvals. The above-prescribed course of action makes this petition consistent with this element of the GMP. ANALYSIS: 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 impact of the proposed land use change, be they positive or negative, culminating in a staff recommendation based on that overview. The listed criteria are specifically noted in Section 2.7.2.5 and Section 2.7.3.2.5 of the Land Development Code thus requiring staff evaluation and comment, and shall be used as the basis for a recommendation of approval or denial by the Planning Commission to the BCC. 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. ~C~NDA PUDZ-03-AR-3831, Calusa Island Village PUD 3 MAR..2 3 200~ ,' 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 GMP in all of its related elements (See Exhibit "A" and Exhibit "B"). 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 furore land uses. This evaluation includes an analysis of past zoning actions in the project area. In addition, the BCC has reviewed similar rezone requests. Notwithstanding the above, staff in reviewing the determinants for adequate findings to support a rezoning action advise as follows: Environmental Review - The Environmental staff has stipulated that all boat docks shall comply with the Manatee Protection Plan. Since there are no wetland or wildlife issues, no Environmental Impact Statement (EIS) is required. As a result, this petition is not required to go to the Environmental Advisory Commission (EAC). Transportation Department Review - The Transportation Division has determined that the proposed petition will result in 477 fewer weekday trips due to the reduction in the size of commercial tract and is consistent with Policy 5.1 and 5.2 of the Transportation Element. Therefore, they have recommended approval. Zoning Review - Based upon the Future Land Use Plan, the subject site is expected to be developed for residential purposes. It should be noted that the subject property is currently approved for residential and commercial uses. It is also near existing residential and commercial lands to the east. The PUD Master Plan illustrates a development permitting 52 dwelling units on the residential tract. The resulting project density of 8.5 units per acre is consistent with the Density Rating System due to the fact that the existing zoning is vested at a density of 14.52 units per acre and the conversion of commercial zoned property to residential permits an additional 4.9 units per acre. Therefore, the proposed project is consistent with the FLUE. In regards to compatibility with the adjacent properties, the surrounding land uses of the adjacent developments are as follows: To the north is Goodland Drive and a preserve area that is zoned A-ST. To the east is a 100-foot wide canal and then single-family dwellings that are zoned: RSF-4 & VR. To t.he south is Blue Hill Creek while the developed Goodland Marina is to the west. Based on the intensity and densities of the surrounding developments, staff is of the opinion that the subject PUD is consistent with the surrounding developments. In addition, to improve the relationship with adjacent land uses, the location of future dwelling units are to be designed with an "Old Florida" architectural theme that requires a metal gable or hip roof and walls composed of stucco and wood; facades shall have covered exterior balconies. The petitioner's stated intent is to primarily construct duplex dwellings with a maximum height of 35-feet and 2 levels of habitable space over parking, which is consistent with the Goodland Zoning Overlay. Since the properties to the east are developed with a 35-foot limitation, this petition ~s the adjacent development. The PUD document also requires a rear yard setback ~of lt~-Z"~lr~i~ ...... residential structures when abutting the canal, uo.__...._.~(,~ PUDZ-03-AR-3831, Calusa Island Village PUD 4 Staffs analysis indicates that the petitioner's property is located within an area of historical and archaeological probability as referenced on the official Collier County Probability Map. Therefore, a Historical and Archaeological Survey and Assessment is required. The petitioner has submitted a survey and assessment in accordance with Section 2.2.25.4.1 of the Land Development Code. The survey included the excavation of 27 subsurface tests and a surface reconnaissance of the tract. Based on these excavated shovel tests, no evidence of aboriginal or historic period occupation was found. Therefore, development of the subject site will have no effect on any archaeological sites. In addition, 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. Utili .ty Infrastructure - Both public sanitary sewer and municipal water supplies are available to the property and will be extended as a consequence of future platting. All development must comply with surface water management requirements invoked at the time of subdividing or SDP approval. Community Infrastructure and Services - The subject property is readily accessible to a whole range of community infrastructure that is enhanced by its interface with Goodland Drive and C.R. 92. Shopping centers and medical offices of various specialties are all within a short driving distance within the City of Marco Island. Regarding the matter of timing, it should be appreciated that development has been approved within the Goodland/Marco Island area. After considering the availability of community infrastructure and services, it is clear that the development of the subject property is timely and consistent with the GMP. Public Information Meeting: The petitioner held a Public Information Meeting on July 8, 2003, that was attended by approximately 15 individuals at the Goodland Community Center. Of those persons that spoke, most expressed support for the project. Others expressed concern over the gating of the community, sidewalk location, and the residential building massing. STAFF RECOMMENDATION: That the Collier County Planning Commission (CCPC) recommend approval of Petition PUD-PUDZ- 03-AR-348 subject to the conditions of approval that have been incorporated in the PUD document and as otherwise described by the Ordinance of Adoption and Exhibits thereto. PUDZ-03-AR-3831, Calusa Island Village PUD 5 AGENDA ITE~ 2 3 2006 PREPARED BY: /~,.,,~,,~ ' /-/,/--04- RAY~I~L(~'~VS, CH~LANNER DATE DEPARTMENT OF ZONING & LAND DEVELOPMENT REVIEW REVIEWED BY: SAN MURRAY, AICP, DIRE(/I'OR DATE ~¢~~?, o~ zo~o ~ ,,^~ ~v~oP~ ~v~w APPROVED BY: /O~~M'~~IfiTRATOR /D~A~T"'a'~E /OMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES COLI ]IER~CO! lkXlT:Y PLANNING COMMISSION: RUSSELL A. BUDD, CHAIRMAN PUDZ-03-AR-3831, Calusa Island Village PUD 6 MAR 2 3 REZONE FINDINGS PETITION PUD-03-AR-3831 Division 2.7.2.5. of the Collier County Land Development Code requires that the report and recommendations of the Planning Commission to the Board of County Commissioners shall show that the Planning Commission has studied and considered the proposed change in relation to the following, where applicable: e Whether the proposed change will be consistent with the goals, objectives, and policies and Future Land Use Map and the elements of the GMP. The proposed development is in compliance with the Future Land Use Element of the Growth Management Plan. The density permitted within the Calusa Island Village PUD is consistent with the FLUE contained in the Growth Management Plan. The existing land use pattern. North -Goodland Drive and a preserve area (These lands are zoned A-ST) East - A 100-foot wide canal and then single-family dwellings, Zoned: RSF-4 & VR. South -Blue Hill Creek West- The developed Goodland Marina within the City of Marco Island city limit. The possible creation of an isolated district unrelated to adjacent and nearby districts. The Calusa Island Village PUD is of sufficient size that it will not result in an isolated district unrelated to adjacent and nearby districts. It is also consistent with expected land uses by virtue of its consistency with the FLUE. Whether existing district boundaries are illogically drawn in relation to existing conditions on the property proposed for change. The existing Goodland Gateway (Calusa Island Village) PUD district boundaries are logically drawn and they are consistent with the FLUE of the GMP. The proposed amendment will not change these boundaries Whether changed or changing conditions make the passage of the proposed amendment necessary. The proposed petition is appropriate since the approved land uses will not change while the overall PUD project intensity will be reduced because of the reduced commercial area. In addition, this petition is still compatible with the surrounding lands. Furthermore, the subject PUD has a positive relationship to the GMP. EXHIBIT "A" PUDZ-03-AR-3831, Calusa Island Village PUD 7 AGENDa. !. _.. MAR 2 ~ 7::':. 10. Whether the proposed change will adversely influence living conditions in the neighborhood. The proposed change will not adversely influence living conditions within the Calusa Island Village PUD. The proposed change will affect portions of the project that have already been designated for commercial use. The proposed change will have no significant impact upon the residential components of the PUD. 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. Evaluation of this project took into account the requirement for consistency with Policy 5.1 of the Traffic Element of the GMP and was found consistent, a statement advising that this project when developed will not excessively increase traffic congestion. The proposed change will result in an overall decrease in daily trips within the PUD. Whether the proposed change will create a drainage problem. The LDC specifically provides the development standards that are designed to reduce the risk of flooding on nearby properties. New development in and of itself is not supposed to increase flooding potential on adjacent property over and above what would occur without development. In summary, this project has been reviewed for consistency with the applicable regulations and required to mitigate all sub-surface drainage generated by developmental activities as a condition of approval. Whether the proposed change will seriously reduce light and air to adjacent areas. All projects in Collier County are subject to the development standards that are unique to the zoning district in which it is located. These development standards and others apply generally and equally to all zoning districts (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. The development standards within this PUD will not be affected by the requested change. Therefore, staff is of the opinion that this petition will not adversely affect property values. PUDZ-03-AR-3831, Calusa Island Village PUD 8 11. 12. Whether the proposed change will be a deterrent to the improvement or development of adjacent property in accordance with existing regulations. The undeveloped properties within the Calusa Island Village PUD will not be affected by the requested change. Whether the proposed change will constitute a grant of special privilege to an individual owner as contrasting with the public welfare. The proposed development complies with the GMP. In light of this fact the proposed change does 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. The subject property is being developed in accordance with the existing zoning. The proposed amendment permits a reduction in the amount allowed commercial office area while permitting 5 additional dwelling units. 14. Whether the change suggested is out of scale with the needs of the neighborhood or the County; The proposed amendment complies with the GMP and will not adversely impact the scale, density and overall intensity of land uses deemed to be acceptable throughout the urban designated areas of Collier County. 15. Whether it is impossible to find other adequate sites in the County for the proposed use in districts already permitting such use. There are many sites that are zoned to accommodate the proposed development. This is not the determining factor when evaluating the appropriateness of a rezoning decision. This petition is consistent with all elements of the GMP, is compatible with the adjacent land uses, has adequate infrastructure and to some extent the timing of the action is consistent with all County codes. 16. PUDZ-03-AR-3831, Calusa Island Village PUD 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. AGENDA M ,R 2 3 200q 9 . 17. The area within the Calusa Island Village PUD affected by the proposed change is currently structured to receive such development. 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 and implemented through the Collier County Adequate Public Facilities Ordinance, as amended. A multi-disciplined team responsible for jurisdictional elements of the GMP has reviewed this petition and they have found it consistent with the GMP. The conditions of approval have been incorporated into the PUD document. Staff reviews for adequacy of public services and levels of service determined that required infrastructure meets with GMP established relationships. The proposed change will have no affect upon those conditions. PUDZ-03-AR-3831, Calusa Island Village PUD 10 No. gAR 2 3 200tt . /'7 FINDINGS FOR PUD PUD-03-AR-3831 Section 2.7.3.2.5 of the Collier County Land Development Code requires the Planning Commission to make a finding as to the PUD Master Plan's compliance with the following criteria: The suitability of the area for the type and pattern of development proposed in relation to physical characteristics of the land, surrounding areas, traffic and access, drainage, sewer, water, and other utilities. Jurisdictional reviews by County staff support the manner and pattern of development proposed for the subject property. Development conditions contained in the Calusa Island Village PUD document give assurance that all infrastructures will be developed consistent with County regulations. Any inadequacies that require supplementing the PUD document will be recommended to the Planning Commission and the BCC as conditions of approval by staff. Recommended mitigation measures will assure compliance with Level of Service relationships as prescribed by the GMP. Adequacy of evidence of unified control and suitability of any proposed agreements, contract, or other instruments, or for amendments in those proposed, particularly as they may relate to arrangements or provisions to be made for the continuing operation and maintenance of such areas and facilities that are not to be provided or maintained at public expense. Documents submitted with the application provide evidence of unified control. The PUD document makes appropriate provisions for continuing operation and maintenance of common areas. 3. Conformity of the proposed Planned Unit Development with the goals, objectives and policies of the Growth Management Plan. The subject petition has been found consistent with the goals, objectives and policies of the (iMP. A more detailed description of this conformity is addressed in the Staff Report. 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. The PUD Master Plan has been designed to optimize internal land use relationships through the use of various forms of open space separation. The LDC to assure harmonious external relationships. relationships between projects EXHIBIT "B" PUDZ-03-AR-3831, Calusa Island Village PUD 11 automatically regulates AGFJqOA ITEM ARZ3 200 ,! . j e ag The adequacy of usable open space areas in existence and as proposed to serve the development. The amount of open space set aside by this project is consistent with 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. Timing or sequence of development in light of concurrency requirements is not a significant problem. The ability of the subject propert7 and of surrounding areas to accommodate expansion. Ability, as applied in this context, implies supporting infrastructure such as wastewater disposal system, potable water supplies, characteristics of the property relative to hazards, and capacity of roads, is supportive of conditions emanating from urban development. This assessment is described at length in the staff report. In addition, this petition will not adversely impact any previous determination of consistency with the GMP. The project is also timely because the supporting infrastructure is available. Conformity with PUD regulations, or as to desirable modifications of such regulations in the particular case, based on determination that such modifications are justified as meeting public purposes to a degree at least equivalent to literal application of such regulations. This criteria essentially requires an evaluation of the extent to which development standards proposed for this PUD depart from development standards that would be required for the most similar conventional zoning district. The development standards in this PUD are similar to those standards. The change is simply a shift in the amount of commercial use. PUDZ-03-AR-3831, Calusa Island Village PUD 12 APPLICATION FOR PUBLIC HEARING FOR: PUD REZONE Petition No.: Date Received: Planner Assigned: PUDZ-2003-AR-3831 PROJECT #2001020012 Commission District: DATE: 3/10/03 RAY BELLOWS ABOVE TO BE COMPLETED BY STAFF General Information: Name of Applicant(s) __Robert Reed, Reed Development Company Applicant's Mailing Address City __Naples Applicant's Telephone # 727-842-2990 Applicant's E-Mail Address: Name of Agent Robert Duane, AICP 42 Water Oaks Way State Florida Fax # Not Applicable Zip 34105 727-842-2989 Firm__Hole Montes, Inc. Agent's Mailing Address City Naples Agent's Telephone # Agent's E-Mail Address: 950 Encore Way State 239-254-2000 Florida Zip 34110 Fax# 239-254-2099 RobertDuane(-~_ ~oleMontes .com COLLIER COUNTY COMMUNITY DEVELOPMENT PLANNING SERVICES/CURRENT PLANNING 2800 N. HORSESHOE DRIVE-NAPLES, FL 34104 PHONE (941) 403-2400/FAX (941) 643-6968 MAR 2 3 23C t I bo If the property is owned by a CORPORATION, list the officers and stockholders and the percentage of stock owned by each. Name and Address, and Office Percentage of Stock Co If the property is in the name of a TRUSTEE, list the beneficiaries of the trust with the percentage of interest. Name and Address Percentage of Iuterest do If the property is in the name of a GENERAL or LIMITED PARTNERSHIP, list the name of the general and/or limited partners. Name and Address Reed Development Company 5130 Main Street New Port Riche¥, Florida 34652 Robert M. Reed H, President Percentage of Ownership 100% If there is a CONTRACT FOR PURCHASE, with an individual or individuals, a Corporation, Trustee, or a Parmership, list the names of the contract purchasers below, including the officers, stockholders, beneficiaries, or partners. Name and Address Percentage of Ownership Date of Contract: AGENDA HAR 2 3 200~l P~. f. parties, list all If any contingency clause or contract terms involve additional individuals or officers, if a corporation, partnership, or trust. Name and Address ho go Date subject property acquired (X) leased ( ):January 6, 2003; Term of lease yrs./mos. If, Petitioner has option to buy, indicate date of option: terminates: , or anticipated closing date and date option Should any changes of ownership or changes in contracts for purchase occur subsequent to the date of application, but prior to the date of the final public hearing, it is the responsibility of the applicant, or agent on his behalf, to submit a supplemental disclosure of interest form. Detailed legal description of the property covered, by the application: (If space is inadequate, attach on separate page.) If request involves change to more than one zoning district, include separate legal description for property involved in each district. Applicant shall submit four (4) copies of a recent survey (completed within the last six months, maximum 1" to 400' scale) if required to do so at the pre-application meeting. NOTE: The applicant is responsible for supplying the correct legal description. If questions arise concerning the legal survey may be required. description, an engineer's certification or sealed Range: 2TE Goodland Isles First Addition Section: 18 & 19 Township: 52S Lots: 33, 34 and 35 Block: __E._E Subdivision: Plat Book_I_8 Page #s: 1 and 2 Property I.D.#: See attached Warranty Deed Lot: Block: ~X Subdivision: Goodland Isles Third Addition Plat Book_.~_6 Page #:_~_.7 Property I.D.#: See attached Warranty Deed Lots: __ Block: ~ Subdivision: OR Book 1093 Page #: 38___2_7 Property I.D.#: See attached Warranty Deed Metes & Bounds Description: Size of property: (project irregular - see survey) = Total Sq. Ft. 270,072 Acres 6.~2~ MAR 2 3 .... ~,~.,. ,~ WARBANTY DEED THIS WARRANTY DEED, made on the_~ day of January, 2003 between OoodJyn, LLC, a Florida limited liabiJtty company, Grantor, and Calusa Island Village, LC~ a Florida limited liability company whose post o~ce adc1~ss is 5130 Main Street #6, New Port Richey, FL 34652. WITh'ESSETH that the (h-sntor, for and in considm'Mion of the sum ofTEN ~ 00/100 DOLLARS ($10.00) and other ]~x)d and vnJ,;nhle consid~'ation to Grantor in hand paid by (h'antee, the r~ceyt whereof is hereby sck:nowle~lged, hns granted, bargained and sold to the said ~runtcc and Gnmme's h~its and assigns forever, the following described land, situate, lying and being in the County of Collier, State ofl~lorida, to wit: Lots 33, 34 and 35, Block F~ C, oodland Isles First Addition, according to the map or plat as recorded Jn Plat Book 8, Pages 1 and 2, Public Records of Collier County, Florida; and the west 1292 feet of undivided Block Y~ Ooodiand Isles, according to the map or plat as recorded in Plat Book 6, Page 7, f/k/a Units 2 through 23 of Goodland Isles TbiFd Addition, a condominium, according to the Declaration of Condominium recorded in Official Records Book 1093, Page 387 and as terminated in Official Records Book 2790, Page 2193, of the Public Records of Collier County, Florida. Property ID Nos. 46423280005, 46423320004, 46372640000. Subjcc! to: (a) r~al propm'ty ad valorem for the year 2003 and subsequent years; (b) special assessmemts lc'vied by gov~rn'n~tal aathority, (c) zoning, building code and otbcrusc rtstrictions irnpos=d by a gov~nmental at~thority;, (d) outstanding oil, gas and m/natal/ntere.~ oftecorcl,//'any, and (c) =x¢c'ptions attached hereto. AND O~e C.-mntor hereby covenants with thc Grant~: that flue Grantor is lawfully seized o in f~ simple; that the Grantor has good fight and lawful authority to sell and convey this lan~ Warning, Deed Page I of 2 AGENOA ITEM Cu-.,lor hereby fully warrants thc title to thc land and will defend thc same asainst thc lawful claims of all persons whomsoevcr. I~ WITleSS ~OF, the Grantor has hcrcunto set its hand and sc. al thc day and ycar first above wfittc'n. Si~ned, sealed, and dcHvcrcd in thc presence of: Grantor: Witncss Pr~ut Name: s FJorJd, ],mit.ed litpiliv~~/, Member STATB OF FLORIDA COUNTY OF CO~R Thc for~goinginslrumentwas acknowledgedbeforemethis Id) dnyoflnnum'y, 20O3, byHelen S un dra Fiske, as Manager and M~mheF of GoodJyn, !-LC a Florida ~ liability company, who ~ p:rsonal}y known to mc. Print lqamc: My Commissi~o$ ~.xpu'es: "Seal' *"...--,,~_ smm~.naa~H~ ~' J *~e!~ * iFJ'~IDI) T6~TS Prepared by:. Richard D. Yovanovich, Esquire Ooodlette, Coleftum ~' Johnson, P,A. 4001 Tarniami Trail North, Suite 300 Naples, Florida 34303 Warranty Dccd Pa$c 2 of 2 o EXCEPTIONS Restrictions, conditions, reservations, ~asemeats and other man=rs conUdued on the Plat of Goodland Isles, as r~corded in Plat Book 6, Pa§e 7, Public Records of Collier County, Floricla. Resuictions, conditions, reservations, easern~'nts and other matters conlained on thc Plat of Goodland Isles First Addition, as recorded in Plat Book 8, Page 1, Public Records of Collier County, Florida. Any and all residual royalty rights of Coastal Petroleum Company, or its assigns, resulting from any agreements with the Trustees of the Internal Impwveme~t Trust Fund of Florida; which does not include the right ofcn~y for explorations, mining or drilling. Any portion of the property parcel lying warn'ward of the meau-high wa~r lir~ of Coon Key Pass. The righls, if any. of the public to use as a public beach or recreation arc anypart of thc land lying or formerly lyinE between the body ofwater abutting thc subj..~ pruperty ami th~ natural line of vegetation, bluff, extreme high water linc or other apparent boundary lines separating the publicly used area from Ibc upland private are, a, as it mayhavc existed prior to the construction, if any, of sea wall or bulkhead thereon. Inalieriablc right of thc public to usc the navigable waters covering the lands. The rights of the State of Florida and thc United States to r~gulate thc use of the navigable waters. Those portions ofthe property herein described being artificially filled in laud in what was formerly navigable waters, are subject to thc right of thc United Stales Govcmmerii arising by reason of thc United Slates Gov~'nmcnt control o,~cr navigable watm's in thc interest of navigation and commerce. AGENDA ITEM. MAR 2 3 200/t Address/eeneral location of subject property: South of Goodland Drive and East of Calusa Marina N S E W Adjacent zoning and land use: Zoning Land use ROW Goodland Drive N/A Blue Hill Creek VR Residential Mobile Home/Single Family PUD Marina Does the owner of the subject property own property contiguous to the subject property? If so, give complete legal description inadequate, attach on separate page). Section: Lot: Plat Book Metes & Bounds Description: of entire contiguous property. (If space is Township: Range: Block: Subdivision: Page #:~ Property I.D.#: o Rezone Request: This application is requesting a rezone from the PUD zoning district(s) to the PUD zoning district(s). Present Use of the Property: Vacant and vacant commercial structure Proposed Use (or range o fuses) of the property:_Residential/Commerical Mixed Use Evaluation Criteria: Pursuant to Section 2.7.2.5 and Sec. 2.7.3.2.5 of the Coll Land Development Code, staff's analysis and recommendation to the Commission, and the Planning Commission's recommendation to the Board of County Commissioners shall be based upon consideration of the applicable criteria noted below. Provide a narrative statement describing the rezone request with specific reference to the criteria noted below. Include any backup materials and documentation in support of the request. Standard Regone Considerations (I..DC Section 2. 7.2.5) 1. Whether the proposed change will be consistent with the goals, objectives, and policies and future land use map and the elements of the growth management plan. 2. The existing land use pattern. 3. The possible creation of an isolated district unrelated to adjacent and nearby districts. 4. Whether existing district boundaries are illogically drawn in relation to existing conditions on the property for the proposed change. 5. Whether changed or changing conditions make the passage of the proposed amendment (rezone} necessary. 6. Whether the proposed change will adversely influence living conditions in the neighborhood. 7. 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. 8. Whether the proposed change will create a drainage problem. 9. Whether the proposed change will seriously reduce light and air to adjacent areas. 10. Whether the proposed change will seriously affect property values in the adjacent area. 1!. Whether the proposed change will be a deterrent to the improvement or development of adjacent property in accordance with existing regulations. 12. Whether the proposed change will constitute a grant of special privilege to an individual owner as contrasted with the public welfare. !3. Whether there are substantial reasons why the property cannot be used in ac with existing zoning. :oraal~.t~A Ir~ ~ MAI 2 3 200 14. Whether the change suggested is out of scale with the needs of the neighborhood or the county. 15. Whether it is impossible to find other adequate sites in the county for the proposed use in districts already permitting such use. ' 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. 17. 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 and implemented through the Collier County Adequate Public Facilities Ordinance {Code ch. 106, art. II], as amended. 18. Such other factors, standards, or criteria that the board of county commissioners shah deem important in the protection of the public health, safety, and welfare. PUD Re[one Considerations (I.,DC Section 2.7.3.2.5) o o 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. Adequacy of evidence of unified control and suitability of any proposed agreements, contract, or other instruments, or for amendments in those proposed, particularly as they may relate to arrangements or provisions to be made for the continuing operation and maintenance of such areas and facilities that are not to be provided or maintained at public expense. Findings and recommendations of this type shah be made only afier consultation with the county attorney. Conformity of the proposed PUD with the goals, objectives and policies of the growth 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. The adequacy of usable open space areas in existence and as proposed to serve the development. The ability of the subject property and of surrounding areas to accommodate expansion. The timing or sequence of development for the purpose of assuring the adequacy of available improvements and facilities, both public and private. AOENDA IT~" MAR 2 3 200t 10. 11. Conformity with PUD regulations, or as to desirable modifications of such regulations in the particular case, based on determination that such modifications of justified as meeting public purposes to a degree at least equivalent to literal application of such regulations. Deed Restrictions: The County is legally precluded from enforcing deed restrictions, however, many communities have adopted such restrictions. You may wish to contact the civic or property owners association in the area for which this use is being requested in order to ascertain whether or not the request is affected by existing deed restrictions. Previous land use petitions on the subiect property: To your knowledge, has a public hearing been held on this property within the last year? If so, what was the nature of that hearing? No Additional Submittal requirements: In addition to this completed application, the following shall be submitted in order for your application to be deemed sufficient, unless othemrise waived during the pre-application meeting. a. A copy of the pre-application meeting notes; If this rezone is being requested for a specific use, provide twenty (20) copies (this includes: HUI if affordable housing, Joyce Ernst, if residential and Immokalee/Water Sewer District, if in Immokalee) of a 24" x 36" conceptual site plan [and one reduced 8½" x 11" copy of site plan], drawn to a maximum scale of 1 inch equals 400 feet, depicting the following [Additional copies of the plan may be requested upon completion of staff evaluation for distribution to the Board and various advisory boards such as the Environmental Advisory Board (EAB), or CCPC]; · all existing and proposed structures and the dimensions thereof, · provisions for existing and/or proposed ingress and egress (including pedestrian ingress and egress to the site and the structure(s) on site), all existing and/or proposed parking and loading areas [include matrix indicating required and provided parking and loading, including required parking for the disabled], · required yards, open space and preserve areas, · proposed locations for utilities (as well as location of existing utility services to the site), proposed and/or existing landscaping and buffering as may be required County, MAR 2 3 20Oq An architectural rendering of any proposed slructures. An Environmental Impact Statement (EIS), as required by Section 3.8. of the Land Development Code (LDC), or a request for waiver if appropriate. hether or not an EIS is required, two copies of a receni~ aerial photograph, (taken within the previous twelve months), minimum scale of one inch equals 400 feet, shall be submitted. Said aerial shall identify plant and/or wildlife habitats and their boundaries. Such identification shall be consistent with Florida Department of Transportation Land Use Cover and Forms Classification System. Additionally, a calculation of the acreage (or square feet) of native vegetation on site, by area, and a calculation and location(s) of the required portion of native vegetation to be preserved (per LDC Section 3.9.5.5.4.). f. Statement of utility provisions (with all required attachments and sketches); A Traffic Impact Statement (TIS), unless waived at the pre-application meeting; A historical and archeolog/cal survey or waiver application if property is located within an area of historical or archaeological probability (as identified at pre- application meeting); Any additional requirements as may be applicable to specific conditional uses and identified during the pre-application meeting, including but not limited to any required state or federal permits. j. An electronic version of the PUD on a disk as part of this submittal package. ASENDA ITEI~ MAR 2 3 200~ ~,~ STATEMENT OF UTILITY PROVISIONS FOR PUD REZONE REQUEST NAME OF APPLICANT: Robert Reed, Reed Development Company MAILING ADDRESS: CITY Naples 42 Water Oaks Way STATE Florida ZIP 34105 ADDRESS OF SUBJECT PROPERTY OF AVAILABLE): Drive and East of Calusa Marina South of Goodland LEGAL DESCRIPTION: Section: 18 & 19 Township: 52S Range: 27E Lots: 33, 34 and 35 Block: E Subdivision: Goodland Isles First Addition Plat Book_~_8 Page #s: I and 2 Property I.D.#: See attached Warranty Deed Lot: Block: ~X Subdivision: Goodland Isles Third Addition Plat Book__.q_6 Page #:~7 Property I.D.#: See attached Warranty Deed Lots:__ Block: .. Subdivision: OR Book 1093 Page #: 387 Property I.D.#: See attached Warranty Deed Metes & Bounds Description: TYPE OF SEWAGE DISPOSAL TO BE PROVIDED (Check applicable system): a. [--] c. COUNTY UTILITY SYSTEM CITY UTILITY SYSTEM (City of Marco Island) , FRANCHISED UTILITY SYSTEM PROVIDE NAME PACKAGE TREATMENT PLANT (GPD capacity) SEPTIC SYSTEM MAR 2 3 "~"" - Pg. e 10. 11. 12. TYPE OF WATER SERVICE TO BE PROVIDED: a. COUNTY UTILITY SYSTEM b. CITY UTILITY SYSTEM ¢. FRANCHISED UTILITY SYSTEM PROVIDE NAME d. PRIVATE SYSTEM (WELL) TOTAL POPULATION TO BE SERVED: 104 PEAK AND AVERAGE DALLY DEMANDS: A. WATER-PEAK 58 GPM AVERAGE DAILY B. SEWER-PEAK 87 GPM AVERAGE DAILY 15 GPM 22 GPM IF PROPOSING TO BE CONNECTED TO COLLIER COUNTY REGIONAL WATER SYSTEM, PLEASE PROVIDE THE DATE SERVICE IS EXPECTED TO BE REQUIRED: September, 2003 . NARRATIVE STATEMENT: Provide a brief and concise narrative statement and schematic drawing of 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 and soil involved shall be provided fi-om tests prepared and certified by a professional engineer. COLLIER COUNTY UTILITY DEDICATION STATEMENT: If the project is located within the services boundaries of Collier County's utility service system, written notarized statement shall bc provided agreeing to dedicate to Collier County Utilities the water distribution and sewage collection facilities within the project area upon completion of the construction of these facilities in accordance with all applicable County ordinances in effect at thc at time. This statement shall also include an agreement that thc applicable system development charges and connection fees will be paid to thc County Utilities Division prior to the issuance of building permits by the County. If applicable, the statement shall contain shall contain an agreement to dedicate the appropriate utility casements for serving the water and sewer systems. STATEMENT OF AVAILABILITY CAPACITY FROM OTHER PROVIDERS: Unless waived or otherwise provided for at the pre-application meeting, if the project is to receive sewer or potable water services from any provider other than the County, a statement fi-om that provider indicating that there is adequate capacity to serve the project shall be provided. Utility Provision Statement RIM 10/17/97 ~AR 2 3 200~ VUlbidU jdillrdilH 1' IIIGi~G gllH IWIGII lllg I I~VV AOOblIIII,~LIVIIO C)u~Jexes 44 12 6 Dock~ 100 ' Slil~ 10 lO00j Multi family Condo's 13 MF 200 Restaurant 150 Seats 40 Rata, Store 5000 FT~ 0.2 ~oooI Hotel 100 Roams lO0 Average Daily Flow = 2 o~ooI Total 'flowa 86;50 S :~002~2002029\PS 1 Flow estimate.xls MAR ~ 3 HOLE MONTI~ 950 Encore Way Naples, FL 34110 Ph: 941.2.54.2.000 Fax: 941.2.54.2.099 NO. I OF CALCUI.,q3'ED I~Y ~ DATE C]~CKED I~Y DATE COLLIER BAY fezvico BAY BARFIELD BAY ROBER FS BAY Cua~u~bus P~ss 950 Encore Way Naples, FL. ;54110 Phone: (:941) 254-2000 Florida Cerflficate of Authorization No.1772 Calusa Island Village Location of Existing Services & Public Facilities ] 200?-029 ] ~2029EH05 t DAli E.M.N. PUD REZONE APPLICATION SUBMITTAL CHECKI,IST THIS COMPLETED CHECKLIST IS TO BE SUBMITTED WITH APPLICATION PACKET! REQUIREMENTS # oF ' NOT COPIES REQUIRED REQUIRED 1. Completed Application 20* 2. Copy of Deed(s) and list identifying Owner(s) and all 2* Partners if a Corporation 3. Completed Owner/Agent Affidavit, Notarized 2 4. Pre-application notes/minutes 20* 5. Conceptual Site Plans 20* 6. Environmental Impact Statement- (ELS) 4 7. Aerial Photograph - (with habitat areas iden~i~ed) 5* 8. Completed Utility Provisions Statement (with required 4 attachments and sketches) 9. Traffic Impact Statement- (TIS) 4 10. Historical & Archaeological Survey or Waiver 4 Application 11. Copies of State and/or Federal Permits 4 N.A. 12. Architectural Rendering of Proposed Structure(s) 4 N.A. 13. Pre-Application Fee, Application Fee and Data _ Conversion Fee Check shall be made payable to Collier County Board of Commissioners 14. An electronic version of the PUD on a disk as part of the submittal packet. 15. PUBLIC PARTICIPATION MEETING: APPLICATION SUBMITTAL: Copy of Affidavit attesting that all property owners, civic associations and property owner associations were notified. Copy of audio/video recording of public meeting. Written account of meeting. 16. Affordable Housing Density Bonus Agreement 4 including all Appendices and Exhibits. 17. OTHER REQUIREMENTS: Documents required for Long-Range Planning Review * 1 additional co ~y if for affordable housing As the authorized agent/applicant for this petition, I attest that all of the information indicated on thi~ included in tiffs subm/ttal package. I understand that failure to include all necessary submittal informatic in the delay °f pr°cessing tiffs petiT~?,~'~"~a-a~--~-.~;~t :~/~?'~~0~ Agent/Applicant Signature AFFIDAVIT We~ ~ ~sr ~2~C~ being fir'st duly sworn, depose and say that {~nre the owners 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, including the disclosure of interest information, all sketches, data, and other supplementary matter attached to and made a part of this application, are honest and true to the best of our knowledge and belief. We/I understand that the information requested on this application must be complete 'and accurate and that the content of this form, whether computer generated or County printed shall not be altered. Public hearings will not be advertised until this application is deemed complete, and all required information has been submitted. AspropertyownerWe~Curtherauthorize ~-~ ~-~f,~--f"h~--, to act as our/my representative in any matters regarding this Petition. Signature of Property Own~-'~F"~="--- Signature of Property Owner Typed or Printed Name of Owner Typed or Printed Name of Owner The foregoing J. nstrument wa_~ acknowledged before me this ~ day of~ 200 ~ , by ~.~-'~'A ~ ~'2~C'~J(~ who i ~_r.~onall¥ known to, or has produce¢l as identification. State of Florida (Sig)natu~e of Not~ubl~c - State of County of Collier Floridd} J~ ~ (Print, Type, or Stamp Commissioned Name of Notary Public) ACiENDA I '~ MAR 2 METRO TRANSPORTATION GROUP, INC. 12651 McGREGOR BOULEVARD SUITE 4-403 FORT MYERS, FL 33919-4489 TELEPHONE 239-278-3090 FAX 239-278-1906 www.rnetrot ransportation.com TRAFFIC ENGINEERING TRANSPORTATION PLANNING SIGNAL SYSTEMS/DESIGN TO: Mr. Robert Duane Hole Montes, Inc. FROM: Robert L. Price Project Consultant Ted B. Treesh Principal/Regional Manager DATE: October 15, 2003 Calusa Island Village Metro Transportation Group, Inc. (Metro) has completed a traffic analysis for rezoning purposes for the Calusa Island Village. The intent of this memo is to illustrate that the proposed adjustments to the approved zoning allowed on the Calusa Island Village site will reduce the overall traffic impacts that the development will cause on the area roadway network, thus eliminating the need for an in-depth Traffic Impact Analysis. The subject site is located to the south of Goodland Drive in Goodland, Collier County, Florida. Currently, the subject site is zoned to contain a total of 47 multi-family dwelling units, approximately 2,000 square feet of retail space, and a 2,000 square foot high- turnover (sit-down) restaurant. The proposed rezoning of the subject site would allow for an increase to 52 multi-family dwelling units and a decrease to approximately 1,300 square feet of commercial floor area. Access to the Calusa Island Village is proposed via two locations to Goodland Drive. Table 1 summarizes the land uses assumed for the proposed rezoning of the Calusa Island Village. Indicated in Table 1 are the land uses approved within the current zoning of the subject site as well as the proposed zoning changes. For analysis purposes 2ho corn~,, .ercial use was assumed to be a shopping center use as this use will assume It "wo~ case trip generation scenario for the subject site. I No._ __._~ '~ CES: , ILLINOI ' , ...... j~ '- ..... Mr. Robert Duane Calusa Island Village October 15, 2003 Page 2 Table 1 Land Use Calusa Island Village ---'- --Multi-FamilyHomes 47 units (LUC 230) Approved Zoning Retail/Commercial 2,000 s.f. (LUC 820) High-Turnover Restaurant 2,000 s.f. (LUC 832) Multi-Family Homes 52 units Proposed Zoning (LUC 230) Retail/Commercial 1,300 s.f. (LUC 820) Table 2 indicates the trip generation' of the Calusa Island Village based on the currently approved zoning scenario as well as based on the proposed rezoning scenario. Table 2 Trip Generation Calusa Island Village ' ' ' w~h~!A.M. peakHOU~ Weekday P;M, Peak Hour~ Da-_~,_...' · · ' LandU~/e ~'~ -' ....... ' - ' -" Multi-Family 5 23 28 22 11 33 343 (47 units) Approved Retail 10 5 15 25 20 45 550 (2,000 sq. lt.) Zoning Restaurant 10 10 20 15 5 20 260 (2,000 sq. fl.) Approved Trips I 25 [ 38 1631 62 I 36 ] 98 11,153 Multi-Family 5 26 31 24 12 36 373 Proposed (52 units) Retail 5 5 10 15 20 35 420 Zoning o,30o sq. Proposed Trips [ 10 ] 31 I 41 I 39 I 32 I 71 t 793 Trip Reductioni I -15I -7 -22 -23 [ -4 I -27 [ -360 - The values indicated within this row reflect the number of trips that wilt be removed from the county roadway network if the proposed rezoning of the Calusa Island Village is approved. Level of Service impacts based on the current zoning will be reduced as a result oftl~ rezoning of the subject site. For this reason, an in depth traffic impact statement sht not be required as a result of this rezoning request. As can be seen from Table 2, the proposed rezoning of the Calusa Island Village will reduce the impacts the site will have on the surrounding roadway network. Therefore. the ~ AC-~ENOA ITF-I~,.~/ dd ~. - MAR 2 3 417 Mango Avenue/P.O. Box 571 Goodland, Fl. 34140 www. GoodlandFLA. com July 31, 2003 Mr. Robert Reed 42 Water Oaks Way Naples, Fl. 34105 Dear Mr. Reed: We appreciate that, as you are requesting some revisions to your PUD, you were required to hold an information meeting for property owners nearby your property. We were pleased to meet with you and your representatives, Tuesday, July 8, 2003 at the Goodland Community Center. Having received a copy of the PUD, highlighting your requested changes, we were very surprised to see many additional changes, which were not mentioned at the meeting. Upon review, there are a number of concerns and those are listed below. We have spoken briefly to the County Planner, Ray Bellows, regarding some of the items and by way of a copy of this letter, he will have our concerns documented. At the meeting, we were notified of the change from commercial to residential on the Goodland Drive end of the property, increasing the residential units in total from 47-52; the change from minimum square footage from 1200' to 1000', and a discussion about gating on your property to which you responded there would be no gate. Areas of revision which we would like to review with you: 1.4 Zero lot lines. 2.4.C. Common entrance and private agreement between Calusa Marina and Calusa Village. 2.4.5. Sidewalks, bike lanes and bike paths. 2.9 Typographical (Goodland Gateway PUD) 2.10.C.Maxirnum height of 35' (Residential) Maximum of 2 units per bldg. except for bldg. on Goodland Drive W. at maximum of 6 units. Delete 42' 2.10.C Massing: No more than two units per building ..... 2.12.B.5 To remain at 1,200 square feet. 2.14.C.1. Shared access pursuant to 2.4.C. I MAR 2 Pg. ITEM 2006 Calusa Island Village: 3.4.4. Delete paragraph. Table 1.Development Standards: 4. Minimum set back 15' 4.4.A. RearYard: 15' 4.4.A.4. 15' 5.1 Goodland Gateway 5.7.A. Access points 5.7.D. Conunon Access-private We would appreciate the opportunity to discuss these items for clarification. Meg Robison, of Mr. Duane's office reported that you had already revised the minimum unit square footage back to 1200'sq fi. from the proposed 1000'sq.fi. Thank you for your consideration, and we look forward to reviewing these items with you or your representative. Sincerely, Connie Stegall-Fullmer Secretary GCA for Mike Barbush cc: GCA Board ' Ray Bellows Robert Duane MAR 2 3 _~-I September 12, 2003 Mr. Robert L. Duane, A.I.C.P. Hole Montes, Inc. 950 Encore Way Naples, Florida 34140 Reference: HM Proiect 2002029/SDP-2003-AR-3696 "Calusa Island Village Dear Mr. Duane: The Board members of the Goodland Civic Association wish to thank you and Mr. Reed for meeting with us a few weeks ago for more question and answer time regarding Mr. Reed's Calusa Island Village project. Mr. Reed's goal for the outcome of the meeting was for the GCA board to give a final stamp of approval to Mr. Reed's project, prior to going before the Planning Board on September 18, 2003 with the proposed amendments to the PUD. The Board, in a 4/1 vote, supported the amendments. Subsequent to that meeting, the GCA Board learned new informaiion about the open space requirements, and after significant discussion voted to send forward to you our vote of support based on the information currently available to us, but with a number of caveats. As this letter will be copied to the County Planning Board and the County Commissioners, it is worthwhile to review the history of how the Goodland Gateway Planned Unit Development, aka, Calusa Island Village, came to be. In 1999, Goodland was directed by the Collier County Commissioners to craft a zoning overlay for the community resulting from Goodland's objection to the proposed "Dolphin Cove" condominium development. The Dolphin Cove project on a 5 acre tract of land was to be four buildings with a total of 72 units with each building having four floors over a parking level all within a 35' height restriction in the Village Residential District of Goodland. The project was not consistent with the character or the purpose and intent of the VR zoning district of Goodland and after nearly a three-year battle and many presentations by the Goodland Civic Association before the County Commissioners, the project permits were withdrawn by the County. The Commissioners recognized that Goodland needed to look at a number of issues in the small community if our goal was to protect and preserve the fishing village character of the one-mile by one mile in size community. "Goodland Gateway PUD". Their land was a combination of C-4, VR (multi famil RSF4 (single family) zoning. One of the significant proposals in our overlay was t~ the number of habitable floors in VR districts to two floors over one of parking wit The owners of the Dolphin Cove property also owned the land that is now called the ~imi~A n~/-- in th~' MAR 2 3 ~'" ~,, '1 35' ht. restriction. Goodland LLC, the property owner, was opposed to the two over one because they would lose density on their VR zoned land. The Commissioners directed the Goodland community to meet with Goodland LLC, to craft an agreeable Planned Unit Development, allowing the density to be spread throughout the three zoning plats. Resulting from the negotiating process between Goodland LLC and the community: 1. The owner got the ok to spread the density thereby eliminating potential financial loss from lost units and provided flexibility of design layout. 2. Goodland got the two habitable floors over one level of parking for the overlay; the commitment in the Goodland Gateway PUD that the commercial and residential dwellings would be developed in a style that is characterized as "old Florida, "Key West" or similar style architecture; building mass of multi-family dwellings, would be limited to a maximum of eight units per building, and limited to a maximum of three buildings of eight. 3. Dolphin Cove was to be a gated community within the community of Goodland. The Goodland community was adamantly against that feature and was equally vocal that Goodland LLC "Goodland Gateway PUD" also should not be gated or have access control structures, separating the Planned Unit Development as a separated community within the community. The final Goodland Gateway PUD document eliminated reference to security gate or access control structures such as gatehouses and control gates. 4. Residential unit size must not be less than 1200sq.fi. This is a somewhat lengthy overview of the history of the Goodland Gateway PUD and yet not all inclusive of the issues during our negotiating process with Goodland LLC. Mr. Reed purchased the land and presented his development ideas to the community of Goodland last year. His initial proposal was well received as he proposed buildings of no more than two units each. Sometime later, he again addressed the community with proposed amendments to the PUD. The amendment of greatest impact was to eliminate most of the commercial space, down from 15,000 sq. ft. to 1,000 sq. ft. He proposed instead of the commercial area he would build a multi-family dwelling of 6 units, and provide for a maximum of 1300 sq.ft, commercial space, eliminating most of the allowed C-4 uses and bringing allowed uses down to C-2 categories. Instead of the commercial area being 42' in height the building would be 35' in height, as found in the remaining residential component of the PUD. Though during those early meetings, some Goodland Civic Association members were concerned about the added residential units, the consensus was approval of that amendment. As mentioned in my opening paragraph, the GCA Board supports Mr. Reed's amendments, but with the following caveats. The Land Development Code requires 60% open space in residential zoning. The LDC requires a minimum of 30% open space in Commercial/Mixed Use zoned areas. Less than two weeks ago, long after the meetings before the general membership _ body over the past year, the GCA board learned that, due to a "loophole" in the Lmd Development Code, Mr. Reed is being held only to the 30% minimum open space, ~y 2 the County Planners, even though the only proposed commercial component in the entire PUD is now a 1,000 sq.ft, area. By leaving that minimum mixed-use area, he is allowed by the Code to provide only the minimum open space. The GCA does not have membership meetings in the summer; many of our members are out of town. If the membership body had been informed of this trade off they may have voted differently on Mr. Reed's request to amend the PUD. The developer is able to utilize 30% more of his land area for residential development, thereby providing for more units than would have been allowed if he converted the remaining 1300 sq.ft, to residential use. Because the concept of exchange from commercial development to residential development was acceptable to our membership, the GCA Board last week voted to support the amendment in light of the new information about open space. We ask that the Planning Board and our County Commissioners review this amendment and give their interpretation of whether this allowance meets the intent of the Land Development Code. This "loophole" as the Chief Planner called it, has been eliminated by other municipalities by utilizing floor area ratios, or a sliding scale, when a mixed-use area is involved, providing for a sliding scale of open space. Mr. Reed presented at our recent GCA Board meeting a prototype of his marketing brochure for the development. The marketing material calls the development, the "Calusa Island Resort", not the "Calusa Island Village" and list amenities such as dry boat storage, marina, and refers to the quaint neighboring community of Goodland. The amenities listed belong to the PUD next door in Marco City, the "Calusa Island Marina and Yacht Club". It is very important to state for the record as a reminder, that the "Calusa Island Village" PUD is not zoned residential tourist. The proposed marketing brochure leads a reader to envision a destination resort, encompassing dwelling units, yacht club, marina, and boat storage. The units are not zoned to be commercially rented as timeshares or resort rentals. The Calusa Island Village Planned Unit Development is for individual family home ownership. We do not currently have a copy of the Home Owners Association Rules. We will request a copy and review the rental allowances. We ask that the Planning Board and County Commissioners review this area for compliance to the code. Mr. Reed has repeatedly stated that he will not utilize gating or access control structures as part of the project, and has stated that he understands that it is not the intention of his neighboring PUD to have gating at the entrance to the shared road. The proposed amended PUD drawing now shows a 6' wall running along the frontage of the property on Goodland Drive W. The wall will privatize the parking level of the proposed multi family building, from traffic along Goodland Drive W. It is from the landscape drawings if the landscaping shrubs and trees are on the ex [erio MAR 2 3 200~ 3 Goodland Drive W. side of the wall or on the interior of the PUD. A wall would not be part of the plan, if the development remained commercial and shops open to the public. The wall will block the Goodland Drive W. frontage fi.om the public and we are interested in a softening effect of landscaping to be also on the exterior side of the wall, if that is not already in the proposed landscaping. Along Angler Drive toward the rear of the PUD, provision is made for a 10' wall to block the sounds and movement away from the home sites coming from the adjacent marina and boat storage. The drawings appear to reflect no additional wall along Angler Drive for the portion of the PUD across from the mangrove wetlands. We are in favor of no additional wall structure along Angler Drive across from the mangrove wetland area. As a board, we will continue to follow the process of the proposed PUD amendments through the Planning Board cycle and County Commissioner review, and will make comments that might be required, especially relating to rentals. In summary, we anticipate that the Calusa Island Village PUD will be an asset to the community of Goodland. As the Board of the Civic Association, it is our duty to remember the history of what took place during our overlay meetings, the original PUD negotiating meetings and our more recent meetings with the current developer, and in the absence of our membership body, to act on the behalf of their intentions when these agreements were made. Taking into consideration the comments made in this correspondence, we look to the Planning Board and the County Commissioners to review the requested amendments in light of their knowledge and experience with appropriate development in the County and in Goodland specifically. Sincerely, Connie D. Stegall-Fullmer Secretary Goodland Civic Association Cc' Mike Barbush, President, GCA GCA Board of Directors Robert M. Reed Collier County Planning Board Commissioner Tom Henning, Chairman, District 3 Commissioner Donna Fiala, Vice Chair, District 1 Commissioner Frank Halas, District 2 Commissioner Fred Coyle, District 4 Commissioner James Colletta, District 5 4 ORDINANCE NO. 04 - AN ORDINANCE AMENDING ORDINANCE NUMBER 91-102 THE COLLIER COUNTY LAND DEVELOPMENT CODE WHICH INCLUDES THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA BY AMENDING THE OFFICIAL ZONING ATLAS MAP NUMBERED 522627; BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM "PUD" TO "PUD" PLANNED UNIT DEVELOPMENT KNOWN AS CALUSA ISLAND VILLAGE PUD LOCATED SOUTH OF GOODLAND DRIVE AND EAST OF CALUSA MARINA, IN SECTIONS 18 & 19, TOWNSHIP 52 SOUTH, RANGE 27 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 6.2+ ACRES; AND BY PROVIDING AN EFFECTWE DATE. WHEREAS, Robert Duane, AICP, of Hole Montes, Inc., representing Robert Reed, of Reed Development Company, requests 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, that: SECTION ONE: The zoning classification of the herein described real property located in Section 18, Township 52 South, Range 27 East, Collier County, Florida, is changed from "PUD" to "PUD" Planned Unit Development in accordance with the Calusa Island Village Document, attached hereto as Exhibit "A" and incorporated by reference herein. The Official Zoning Atlas Map numbered 522627, as described in Ordinance Number 91-102, the Collier County Land Development Code, is hereby amended accordingly. SECTION TWO: This Ordinance shall become effective upon filing with the Department of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this day of ,2004. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLOR1DA ATTEST: BY: DWIGHT E. BROCK, CLERK Donna Fiala ,CHAIRMAN Approved as to Form l~~Legal Sufficiency Palrick G. White Assistant County Attorney PUDZ-2003 -AR-3831/RB/Io I AR 2 3 200 n. ¥7 Calusa Island Village A PLANNED UNIT DEVELOPMENT PREPARED BY: ROBERT L. DUANE, A.I.C.P. HOLE MONTES, INC. 950 ENCORE WAY NAPLES, FLORIDA 34110 HM PROJECT 2002029 FEBRUARY, 2~3 Date Reviewed by CCPC: Date Approved by BCC: Ordinance No. Amendments & Repeals EXHIBIT "A" TABLE OF CONTENTS PAGE STATEMENT OF COMPLIANCE AND SHORT TITLE : ::: 3 SECTION I LEGAL DESCRIPTION, PROPERTY OWNERSHIP, & GENERAL DESCRIPTION SECTION PROJECT DEVELOPMENT _8 SECTION III 31 19 SECTION IV COMMERCIAL/MIXED USE AREA 44 22 SECTION V GENERAL DEVELOPMENT COMMITMENTS 51 26 EXHIBIT A PUD MASTER PLAN CALUSA ISLAND VILLAGE EXHIBIT B CONCEIVPJP~ PL,^&,~ COMS.~RCDJ_AVIIXED USE AREA 2 FAPUD Documents\Calusa Island Village\CalusaSU-2-4-04.doc MAR 2 3 STATEMENT OF COMPLIANCE AND SHORT TITLE The purpose of this Section is to express the intent of Geodl;m, Calusa Island Village LLC, hereinafter referred to as the Developer, to create a Planned Unit Development (PUD) on ~ 6.2_+ acres of land located in Sections 18 and 19, Township 52 South, Range 27 East, Collier County, Florida. The name of this Planned Unit Development shall be Village will be in compliance with the planning goals and objectives of Collier County as set forth in the Growth Management Plan. The development will be consistent with the growth policies and land development regulations adopted thereunder of the Growth Management Plan Future Land Use Element and other applicable regulations for the following reasons: The subject property is within the Urban Mixed Use District, Urban Coastal Fringe Subdistrict, as identified on the Future Land Use Map of the Future Land Use Element (FLUE). The purpose of the Urban Mixed Use District is to provide for a variety of residential and mixed-use developments such as Planned Unit Developments. Calusa Island Village PUD was previously zoned Goodland Gateway PUD. The ....... to of approximately 5.75 residential portion of the PUD previously consisted .... :~ ~ ,~. ~ .......: .... ~ ...... :r,~.~ .... :~'~ Prior to the PUD zoning ': I acres. The prope~y ~o,, v ........j the property previously consisted of both Village Residential (VR) and Residential Single-family (RSF-4) zoning. The VR zoned portion of the site previously consisted ccns;.,~ts of approximately 2.25 acres and the formerly RSF-4 portion of the c ........ of approximately 3.5 2.85 acres. The VR zoned property property consisted permitted ~; o pe .... to a density of 14.52 dwelling units per acre, while the previous RSF-4 ' : .... ~., ' zoning prey ......~ perrmtted p ....... a density of 4 dwelling units per acre, up to a maximum of 47 48 units. ~ ....... ~ .~o:.4~_,;~ rip_o;,., ;~ .-t ,-7 .-, .... · -* PUD .... : ........ ,~. ,~.~ ~ ~ m The property also previously consisted of 0.45 acres prior '~ *~'~ :~:""~ ""~';~"^- c~. gUt, ..... : ..........~ zoned C-4 General Commercial District. 3 F:LPUD Documents\Calusa Island Village\CalusaSU-2-4-04.doc MAR 2 3 200q A o The residential component of the property is proposed to be increased from 5.75 acres at the time of this application for PUD rezoning to 6.1 acres by elimination of 0.33 acres of commercial use along with an increase in 3 dwelling units from 47 to 50 dwelling units. This increase in density can be found consistent with Policy 5.1 of the FLUE that allows for the conversion from one use to another that will not increase development intensity_ for properties zoned prior to adoption of the plan (January 10, 1989) and found to be consistent with the FLUE Policy 5.1 through the Zoning Re-evaluation Program. Data and analysis has been provided at the time of this rezoning request to substantiate this finding. Therefore, consistency can be established with Policy 5.1 The subject property_ shall be considered an infill parcel due to its size of less than 10 acres, existing water/sewer service, compatibility with surrounding land uses, and pattern of developed adjacent properties. The parcel was not created to take advantage of the infill provisions of the Growth Management Plan. The PUD is compatible with and complementary to existing and future surrounding land uses as required in Policy 5.4 of the FLUE. Improvements are planned to be in compliance with applicable land development regulations as set forth in Objective 3 of the FLUE. The development of the Calusa Island Village PUD will result in an efficient and economical extension of community facilities and services as required in Policy 3.1. of the FLUE. The Calusa Island Village PUD is a small scale mixed use infdl community, and is planned to encourage ingenuity, innovation and imagination as set forth in the Collier County Land Development Code (LDC) Planned Unit Development District. All final local development orders for this project are subject to the Collier County Adequate Public Facilities Ordinance, Division 3.15 of the Land Development Code. SHORT TITLE This ordinance shall be known and cited as the "CALUSA ISLAND VILLAGE PLANNED UNIT DEVELOPMENT ORDINANCE". 4 F:~PUD Documents\Calusa Island Village\CalusaSU-24-04.doc AGENOA ITF_M ' MAR 2 3 200 . i .5-/ SECTION I LEGAL DESCRIPTION, PROPERTY OWNERSHIP, AND GENERAL DESCRIPTION 1.1 PURPOSE The purpose of this Section is to set forth the legal description and ownership of the Calusa Island Village PUD, and to describe the existing condition of the property proposed to be developed. 1.2 LEGAL DESCRIPTION Lots 33, 34 & 35, Block "E", Goodland Isles First Addition, as recorded in Plat Book 8, Page 1, Collier County (previously zoned VR and RSF-4) and; The West 129.5 feet of undivided Block "X", Plat Book 6, Page 7, Official Records Book 1093, Page 388, Collier County Florida, Sections 18 & 19, Township 52 South Range 27 East, Collier County, Florida (previously zoned C-4). Consisting of 6.2_+ 6-3--5+_acres. 1.3 PROPERTY OWNERSHIP The owner of the subject property is Calusa Island Development Company), located at 5130 Main Street Florida 34652. Village, L.C. (a/k/a Reed //6, in New Port Richey, 1.4 GENERAL DESCRIPTION OF PROPERTY mo The project site is located in Sections 18 and 19, Township 52 South, Range 27 East. The site is bordered on the west by the Calusa Marina, zoned PUD; on the north by Goodland Drive (C.R. 92-A); on the east by a 100' wide canal and VR zoned property, developed with a mixture of mobile home and single-family dwellings; and on the south by Blue Hill Creek. Bo The zoning classification of the subject property at the time of th_._c_e PUD approval June 12, 2001 as Goodland Gateway PUD ~-~:~"*;^~ '~vv ......... was C-4, General Commercial; Village Residential (VR); and Residential Single° family (RSF-4). Prior clearing has altered a majority of the site. 5 Elevations within the site are approximately 6' above MSL. Per FEMA Firm Map Panel No. 120067 817 D, dated June 3, 1986, the property is located within flood zones AE (11) and AE (12). AGE~A IT~(. F:LPUD Documents\Calusa Island Village\CalusaSU-2-4-04.doc ~-.the-l~-~. A seawall exists along the commercial canal front property. A 5' wide wooden dock extends approximately 450' in length along the existing canal, adjacent to the formerly VR zoned portion of the site. Mangroves do exist along the southern property boundary and along a portion of the eastern property line. Due to the prior land clearing and the small size of the project, the project has been exempted from submittal of an EIS by the Planning Services Director, pursuant to Division 3.8 of the Collier County LDC. Eo The soil types on the site generally include Urban lands-Aquents complex, organic substratum near C.R. 92-A and Canaveral-Beaches complex nearer Blue Hill Creek. This information was derived from the Soil Survey of Collier County Area, Florida, 1998. The project site is located within the Collier County Water Management District Miscellaneous Coastal Basin. t~4 1.5 PERMITTED VARIATIONS OF DWELLING UNITS A maximum of 50 4-7 dwelling units is permitted within residentially designated areas of the Calusa Island Village PUD and in the Commercial/Mixed Use Area. This maximum of 50 4-7 dwellings may include single-family, two-family, duplex, zero lot line, patio, Townhomes and multi-family dwelling unit types. However, multi-family uses are the only dwelling unit type permitted in the Commercial Mixed Use Area. ~ 1..~6 DENSITY Ao The area of the Calusa Island Village PUD is approximately 6.2_+ 5.55; acres of which approximately 5.75_+ 5. I± acres were previously aim zoned for residential uses, with a maximum of 47 dwelling units. ~r~ .... ........ c:,-~'~'~, v, vJ~;~'' The property previously zoned VR, Village Residential is approximately 2.25 acres in size and is permitted a maximum density of 14.52 units per acre. The property previously zoned RSF-4, Single family consists of approximately 3.5 2.°,0,5 acres and is permitted a maximum density of 4 units per acre. The former Goodland Gateway PUD '~ .... To~.~ x~:.~ pT re,. therefore, was ~s permitted a t-he maximum t~.t~2 of 47 dwelling units requested. The proposed density for the Calusa Island Village PUD is 50 dwelling units based on the justification provided in the Staten Compliance of this Ordinance, or a maximum gross density of ~ dwelling units per acre. 6 FAPUD Documents\Calusa Island Village\CalusaSU-2-4-04.doc MAR Z 3 At all times all property previously zoned VR and RSF-4, included within the Calusa Island Village PUD as described in Section 1.2, shall be included in determining project density, in addition to the conversion of a .33 acre portion of the 0.45 acres of property previously zoned C-4. co~mzrc~al zcrJng prcv:,cu~Iy cx:,sSng. 7 F:LPUD Documents\Calusa Island Village\CalusaSU-2-4-04.doc i~AR 2 3 200~ SECTION II PROJECT DEVELOPMENT 2.1 PURPOSE The purpose of this Section is to generally describe the plan of development for the Calusa Island Village PUD, and to identify relationships to applicable County ordinances, policies, and procedures. 2.2 GENERAL DESCRIPTION OF PROJECT PLAN AND PROPOSED LAND USES mo The Calusa Island Village PUD will be developed as a mixed-use residential and commercial community, which may feature a full array of residential dwelling types, gee~-at limited commercial uses and accessory residential and commercial uses. Bo The Master Plan is illustrated graphically on Exhibit "A" and "B". A Land Use Summary indicating approximate land use acreages is shown on the plan. The master plan is conceptual, and the location, size, and configuration of individual tracts and access to tracts shall be determined at the time of final site development pl~ an~Jer preliminary subdivision plat approval with minor adjustments at the time of final plat approval, in accordance with Section 3.2.7 and 3.3 of the LDC. 2.3 COMPLIANCE WITH COUNTY ORDINANCES A° Regulations for development of the Calusa Island Village PUD shall be in accordance with the contents of this PUD Ordinance and applicable sections of the LDC (to the extent they are not inconsistent with this PUD Ordinance) and the Growth Management Plan which are in effect at the time of issuance of any development order to which said regulations relate which authorize the construction of improvements, such as but not limited to final subdivision plat, final site development plan, excavation permit and preliminary work authorization. Where this PUD Ordinance does not provide developmental standards, then the provisions of the specific section of the LDC that is otherwise applicable shall apply. Where specific standards are specified in this PUD, these standards shall prevail over those in the LDC. Bo Unless otherwise defined herein, or as necessarily implied by context, the definitions of all terms shall be the same as the definitions set forth in the LDC in effect at the time of development order application. 8 FAPUD Documents\Calusa Island Village\CalusaSU-2-4-04.doc MAR 2 3 200 2.4 Fo Development permitted by the approval of this PUD will be subject to the Adequate Public Facilities Ordinance, Division 3.15 of the LDC. Unless modified, waived or excepted by this PUD or by subsequent request, the provisions of other sections of the Land Development Code remain in effect with respect to the development of the land that comprises this PUD. All conditions imposed herein or as represented on the Calusa Island Village Master Plan are part of the regulations which govern the manner in which the land may be developed. The Subdivisions Division of the LDC (Article 3, Division 3.2) shall apply where applicable to the Calusa Island Village PUD, except where an exemption or substitution is set forth herein or otherwise granted pursuant to the Land Development Code, Section 3.2.4. The Site Development Plans Division of the LDC (Article 3, Division 3.3) shall apply to the Calusa Island Village PUD, except where an exemption is set forth herein or otherwise granted pursuant to the Land Development Code, Section 3.3.4. ROADWAYS Roadways within the Calusa Island Village PUD may be private. Standards for roads and driveways shall be in compliance with the applicable provisions of the LDC regulating subdivisions, unless otherwise modified, waived or excepted by this PUD or approved during preliminary subdivision plat approval. The Developer reserves the right to request substitutions to Code design standards in accordance with Section 3.2.7.2 of the LDC. Roadways within the Calusa Island Village PUD shall be designed and constructed in accordance with Section 3.2.8.4.16 of the LDC with the following substitutions: A common entrance may be constructed partially or completely on the adjoining Calusa Island Marina property for common access to the two sites and subject to a private agreement between the two parties. 3.2.8.4.16. Streets and access improvements 1. Section 3.2.8.4.16.5, Street Right-of-Way Width Street right-of-way width: The minimum right-of-way width utilized for public or private local streets and cul-de-sacs sh: forty (40') feet. Drive aisles serving multi-family tracts shall minimum twenty-four (24') feet in width, and twenty (20" 9 F:LPUD Documents\Calusa Island Village\CalusaSU-2-4-1M.doc within the Commercial/Mixed Use Area subject to approval of Marco Island Fire District. 2. Section 3.2.8.4.16.6, Dead-end Streets Cul-de-sacs may exceed a length of one thousand (1,000) feet. A cul-de-sac will not be required at the south end of the internal road if alternate emergency vehicle access is provided from the adjoining Calusa Island Marina. 3. Section 3.2.8.4.16.8, Intersection Radii Intersection radii: Street intersections shall be provided with a minimum of a twenty (20) foot radius (face of curb) for all internal project streets and a thirty-five (35) foot radius for intersections at project entrances. Deviations from this standard are allowed where space restrictions exist subject to approval of Marco Island Fire Department. 4. Section 3.2.8.4.16.10, Reverse Curves Reverse Curves: Tangents shall not be required between reverse curves on any project streets. 5. 3.2.8.3.17 Sidewalks, bike lanes and bike paths 1. Section 3.2.8.3.17.3 Private drives and access easements within the Calusa Island Village PUD shall not be required to provide sidewalks. 2.5 EXCAVATION Removal of fill and rock from the PUD shall be administratively permitted to an amount up to 10 percent per lake (20,000 cubic yards maximum), unless issued a commercial excavation permit. 2.6 USE OF RIGHTS-OF-WAY Utilization of lands within all project rights-of-way or access easements for landscaping, decorative entrance ways, and signage shall be allowed subject to review and administrative approval by the Developer and the Collier Cc~nty AC, F. NDA~- Planning Services Director for engineering and safety considerations during[ the~o. 37 development review process and prior to any installations. ] -- " F:huUD Documents\Calusa Island Village\CalusaSU-2-4-tM.doc I ~ ~-. 2.7 CHANGES AND AMENDMENTS TO PUD DOCUMENT OR PUD MASTER PLAN Changes and amendments may be made to this PUD Ordinance, PUD Master Plan as provided in Section 2.7.3.5 of the LDC. Minor changes and refinements as described herein may be made by the Developer in connection with any type of development or permit application required by the LDC. The Planning Services Director shall be authorized to approve minor changes and refinements to the Calusa Island Village Master Plan upon written request of the Developer. The PUD Master Plan is a conceptual plan containing approximate acreages of each land use. The actual acreages shall be determined at the time of preliminary subdivision plat or site development approval and shall be consistent with jurisdictional agency determinations. A. The following limitations shall apply to such requests: The minor change or refinement shall be consistent with the Collier County Growth Management Plan and the Calusa Island Village. PUD document. The minor change or refinement shall not constitute a substantial change pursuant to Section 2.7.3.5.1. of the LDC. The minor change or refinement shall be compatible with adjacent land uses and shall not create detrimental impacts to abutting land uses, and water management facilities, internal or external to the PUD. B. The following shall be deemed minor administrative changes or refinements: Reconfiguration of lakes, ponds, canals, preserve areas or other water management facilities where such changes are consistent with the criteria of the South Florida Water Management District or other applicable jurisdictional permitting agency and Collier County. 2. Internal realignment of rights-of-way. Minor changes and refinements as described above shall be reviewed by appropriate Collier County staff to ensure that said changes and refinements are otherwise in compliance with all applicable County Ordinances and regulations prior to the Planning Services Director's consideration for approval. Do Approval by the Planning Services Director of a minor change or refin~ may occur independently from and prior to any application for subdi 11 F:XPUD Documents\Calusa Island Village\CalusaSU-2-4-04.doc ment Ac.,r.n~A I¥ 2.8 2.9 or site development plan approval, however, such approval shall not constitute an authorization for development or implementation of the minor change or refinement without first obtaining all other necessary County permits and approvals. COMMON AREA MAINTENANCE Common area maintenance will be provided by a Property Owners' Association or similar entity. The Developer will create a property owners' association or associations, whose functions shall include provisions for the perpetual maintenance of common facilities and open spaces. LANDSCAPE BUFFERS, BERMS, FENCES AND WALLS Landscape buffers, berms, fences and walls are generally permitted as a principal use throughout the PUD. The following standards shall apply: A. Landscape berms shall have the following maximum side slopes: Grassed/ground covered berms 3:1 Rip-Rap berms 1:1 with geotextile mat Structural walled berms - vertical Bo Fence or wall maximum height: six feet (6'), as measured from a point 18" above the crown of internal drive aisles serving the project. If the fence or wall is constructed on a landscaped berm, the wall shall not exceed six feet (6') in height from the top of berm elevation for berm elevations with an average side slope of 4:1 or less. Except that along the property's western boundary, adjacent to the storage and future retail areas of the Calusa Island Marina, a wood or masonry wall, or wall and berm combination of up to 12' in height shall be permitted. Required landscaping shall be provided on both sides of the wall. Landscape buffers, berms, fences and walls may be constructed along the perimeter of the Calusa Island Village PUD boundary (except along Goodland Drive) prior to preliminary subdivision plat and site development plan submittal. Walls and gates are prohibited along Goodland Drive. Co Pedestrian sidewalks and/or bike paths, water management systems, drainage structures, and utilities may be allowed in landscape buffers in accordance with Division 2.4 of the Land Development Code. Do 12 F:XPUD Documents\Calusa Island Village\CalusaSU-2-4-O4.doc Landscape berms located within the Calusa Island Village PUD boundary and contiguous to a property line and/or right-of-way line may be constructed such that the toe of slope is located on the property line right-of-way line. I AR 2 3 A landscape feature shall be constructed adjacent to Goodland Drive, near the project's western property boundary. The landscape feature shall include the required landscape buffer areas, and may contain project signage, entry features, and/or decorative architectural elements. The landscape area shall be planted with native Floridian vegetation, including such plant material such as palm trees, seagrape, or similar material, and shrubs. 2.10 DESIGN GUIDELINES AND STANDARDS The Collier County Planned Unit Development District is intended to encourage ingenuity, innovation and imagination in the planning, design and development or redevelopment of land under unified ownership or control, as set forth in the LDC, Section 2.2.20.1. The Calusa Island Village.. PUD is a planned community and will be developed under unified control. The Developer will establish design guidelines and standards for residential units, commercial uses, and related community features and facilities, which include features and facilities such as landscaping, signage, lighting, pedestrian systems, fences, buffers, and other similar facilities. Go All commercial and residential dwellings shall be developed in a consistent architectural style that is characterized as "old Florida", "Key West" or similar style architecture. Commercial buildings shall be required to meet the architectural and site design standards of Division 2.8 of the Collier County Land Development Code. Commercial Buildings shall be a maximum height of 4g:- 35'. Residential buildings shall be a maximum of 4.2z 35' in height above minimum flood elevation requirements, not to exceed two habitable floors over one level of parking. A range of residential dwelling units types are permitted within the Calusa Island Village PUD; however, to reduce the building mass of multi-family dwellings, these unit types shall be restricted to a maximum of eight units per building:. ~ Should a maximum of eight units be constructed in a multi-family building, review and approval of the Collier County Planning Commission shall be required. Multi-family dwellings shall be subject to the following architectural and site design standards. Roof: Metal 5-V-crimp, corrugated or standing seam. Walls: 1. Stucco with smooth finish. 2. Wood 3. Simulated wood Exterior trim and columns 1. Wood 13 F:XPUD Documents\Calusa Island Village\CalusaSU-2-4-04.doc MAR 2. 3 ..... 2. Simulated wood Chinmeys and enlarged column bases 1. Stucco with smooth finish. 2. Natural stone 3. Cast stone 4. Wood or simulated wood Massing Predominate roof form shall be gable or hip with slopes of no less than 2/12 and no greater than 12/12. Roofs over exterior balconies or porches can have a shed or flat profile. Flat roof areas are allowed only if accessible as a deck or roof garden. No building shall contain more than eight dwelling units. No more than three, eight unit buildings may be constructed over the entire residential portion of the PUD. Buildings shall be arranged on the site so that all buildings are not constructed along the same building line. Facades Covered exterior balconies, terraces or loggias shall be required along all facades. Architectural elements providing relief on the facades shall be required as follows: 1. Water side - minimum of 50% of wall area. 2. Street side - minimum of 33% of wall area. 3. Side yard - minimum of 20% of wall area. Architectural elements may be any of the following: Covered balcony, loggia, expressed vertical circulation core, exterior stair, covered porch, colonnade, trellis, projected or indented entry. Windows Operable windows shall be casement, awning or double hung. Colors Exterior trim, columns and railings shall be white or a color compatible with exterior color, or natural finish of materials used. Roofs shall have galvanized finish. 2.11 PRELIMINARY SUBDIVISION PLAT PHASING 14 F:WUD Documents\Calusa Island Village\CalusaSU-2-4-04.doc MAR 2 3 200 2.12 Submission, review, and approval of preliminary subdivision plats for the project may be accomplished if required in phases to correspond with the planned development of the property. GENERAL PERMITTED USES Certain uses shall be considered general permitted uses throughout the Calusa Island Village PUD. General permitted uses are those uses which generally serve the Developer and residents of the Calusa Island Village PUD and are typically part of the common infrastructure or are considered community facilities. A. General Permitted Uses: 1. Essential services as set forth under LDC, Section 2.6.9.1. 2. Water management facilities and related structures. Lakes including lakes with bulkheads or other architectural or structural bank treatments. Community and neighborhood parks, recreational facilities. Temporary construction, sales, and administrative offices for the Developer and Developer's authorized contractors and consultants, including necessary access ways, parking areas and related uses. However, a Temporary_ Use Permit for a model sales center pursuant to Section 2.6.33.4.1 of the LDC can be placed upon the residential component of the project or the Commercial/Mixed Use Area of the project prior to SDP approval for these principle uses. Landscape features including, but not limited to, landscape buffers, berms, fences and walls subject to the standards set forth in Section 2.9 of this PUD. Any other use which is comparable in nature with the foregoing uses and which the m ~..~:~ c~-,:~o ,_. .......Board of Zonin~ Appeals determines to be compatible. Development Standards: Unless otherwise set forth in this standards shall apply to stTuctures: 1. document, the following development 2. Setback from PUD boundary: See Table 1, Development St 15 FAPUD Documents\Calusa Island Village\CalusaSU-2-4-04.doc Setback from back of curb or edge of pavement of any road - ten feet (10') not including steps or uncovered portions of the buildin : AGENDA MAR 2 3 3. Minimum distance between unrelated structures - ten feet (10'). 2.13 2.14 4. Maximum height of structures - See Table 1, Development Standards 5. Minimum floor area - Residential Areas: 1,200 square feet. 6. Minimum lot or parcel area - None required. Standards for parking, landscaping, signs and other land uses where such standards are not specified herein or within the Calusa Island Village PUD design guidelines and standards, are to be in accordance with LDC in effect at the time of site development plan approval. OPEN SPACE REQUIREMENTS The Collier County Land Development Code requires that mixed-use projects maintain open space at a minimum of 30% of the project area. The project will be designed in accordance with this standard and open space areas shall be shown on the site development plan and/or subdivision plat, whichever may be required. SIGNAGE A. GENERAL All Collier County sign regulations, pursuant to LDC, Division 2.5, SIGNS, in force at the time of sign permit application shall apply unless such regulations are in conflict with the conditions set forth in this Section, in which case the PUD Document shall govern. For the purpose of this PUD Document, residential development and identification signage may be located on the Commercial Mixed Use Area ....... ;~ .... ' in addition to commercial identification signs, both ;.s subject to the respective square footage limitations set forth in Section 2.5 of the Land Development Code. 3. Signs shall be permitted in private rights-of-way. 4. All signs shall be located so as not to cause sight line obstructions. 16 F:LPUD Documents\Calusa Island Village\CalusaSU-2-4-04.doc All internal project rights-of-way, drive aisles, or access easements may be utilized for decorative landscaped entrance features and signage subject to review and approval from the Planning Se 'vices Department for consistency with the requirements set forth hz rein.~. MAR B. BOUNDARY MARKERS One boundary marker or monument may be located at each property comer, adjacent to the Goodland Drive rights-of-way. The boundary marker may contain the name of the subdivision, and the insignia or motto of the development. The sign face area may not exceed 32 square feet in area and may not exceed the height or length of the monument upon which it is located. If the sign is two-sided, each sign face may not exceed 32 square feet in area. Sign face square footage is calculated by total square footage of name, insignia, and motto only. The setback from any public right-of-way and any perimeter property line shall be 10 feet. Boundary marker signage shall be ground mounted and the sign structure is limited to a maximum height of eight feet (8'). C. ENTRANCE SIGNS Two ground or wall-mounted entrance signs maybe located at each entrance to the guLd;,v;,gL~n proiect within the PUD. Because the entrance road is within the City of Marco Island, it is subject to their permitting of signs and may contain the name of the subdivision, and the insignia or motto of the development. Such signage may also include sign copy for the Calusa Island Marina and Yacht Club located to the west of the subject property along with shared access pursuant to Section 2.4.C of this Ordinance. No sign face area may exceed 64 square feet and the total sign face area of the entrance signs at each entrance may not exceed 160 square feet. If the sign is a single, two-sided sign, each sign face may not exceed 80 square feet in area. For three-sided signs, the third sign side may not face an external right-of-way, and only the project's name, motto or insignia may be displayed. The sign face area shall not exceed the height or length of the wall or monument upon which it is located. o The setback for the signs from the public right-of-way, and any perimeter property line shall be 15 feet. However, si~nage can be an integral part of a wall that is allowed to be placed along the perimeter of the project in accordance with the provisions of Section 2.9F of this Ordinance. 17 F:~PUD Documents\Calusa Island Village\CalusaSU-2-4-04.doc AGENDA IT~ No.~ MAR 2 3 Do TRAFFIC SIGNS 1. Traffic signs such as street signs, stop signs and speed limit signs may be designed to reflect a common architectural theme. The placement and size of the signs will be in accordance with DOT criteria. 2.15 SUBSTITUTIONS TO SUBDIVISION DESIGN STANDARDS The Developer reserves the right to request substitutions to subdivision improvement and utility design standards in accordance with Section 3.2.7.2 of the LDC. 18 F:LPUD Documents\Calusa Island Village\CalusaSU-2-4-04.doc MAR 2 3 SECTION III RESIDENTIAL 3.1 3.2 3.3 3.4 PURPOSE The purpose of this Section is to identify permitted uses and development standards for areas within Calusa Island Village designated on the Master Plan as "Reaidentia!" for residential uses. MAXIMUM DWELLING UNITS A maximum of 4g 50 residential dwelling units may be constructed on lands designated "Residential" or in areas designated Commercial/Mixed Use on the PUD Master Plan. The Commercial/Mixed Use Area is limited to a maximum of six (6) multi-family dwelling units. (See also Exhibit "B" of this Ordinance.) GENERAL DESCRIPTION Areas designated as "Residential" or Commercial/Mixed Use on the Master Plan are designed to accommodate a full range of residential dwelling types, general permitted uses as described in Section 2.12, a full range of recreational facilities, essential services, and customary accessory uses. Limited commercial uses are also allowed in the Commercial/Mixed Use Area. Residential tracts are designed to accommodate internal roadways, open spaces, and other similar uses found in residential areas. PERMITTED USES AND STRUCTURES No building or structure, or part thereof, shall be erected, altered or used, or land used, in whole or part, for other than the following: A. Principal Uses: 1. Single Family Attached and Detached Dwellings, Townhomes. 2. Single Family patio and Zero Lot Line Dwellings. 3. Two-family and Duplex Dwellings. 19 F:~PUD Documents\Calusa Island Village\CalusaSU-2-4-04.doc MAR 2 3 2C: Bo 3.5 Model Homes, including offices for project administration, construction, sales and marketing as temporary_ uses until the project builds out. Recreational facilities such as parks, play grounds, and pedestrian/bikeways. Any other principal use which is comparable in nature with the foregoing uses and which the,D!a.'i-:'".-.,,~ ,_,,~.c~-':~..,~.~o ...,,,~,.,.~.r': ..... Board of Zoning Appeals determines to be compatible. Accessory Uses and Structures: Accessory uses and structures customarily associated with principal uses permitted in this district, including, boat docks, swimming pools, spas and screen enclosures, recreational facilities designed to serve the development, and essential. A maximum of 1 boat docking facility per unit may be constructed to serve t-~ residential uses ~.~:~ ~c within the Project. Any other accessory, use which is comparable in nature with the foregoing uses and which the Planr2ng Set-:ices Dkectc. r Board of Zoning Appeals determines to be compatible in the area identified as Residential on the PUD Master Plan. DEVELOPMENT STANDARDS mo Table 1 sets forth the development standards for land uses within the Calusa Island Village PUD Residential area including residential uses in the Commercial/Mixed Use Area. Bo Site development standards for single family, zero lot line, patio home, two- family, duplex, single family attached and town home uses apply to individual residential lot boundaries, unless approved under a unified site plan. Multi-family standards apply to parcel boundaries. Co Standards for parking, landscaping, signs and other land uses where such standards are not specified herein or within the Calusa Island Village PUD design guidelines and standards, are to be in accordance with the LDC in effect at the time of site development plan approval. Parking requirements for common recreational facilities shall be 1 space per 400 square feet of building area. 20 FAPUD Documents\Calusa Island Village\CalusaSU-2-4-04.doc AGENDA 17 ~ MAR 2 3 200q 7 D. Development standards for uses not specifically set forth in Table I shall be in accordance with those standards of the zoning district which is most similar to the proposed use. TABLE 1 CALUSA ISLAND VILLAGE PUD DEVELOPMENT STANDARDS FOR RESIDENTIAL AREA SINGLE PATIO & TWO SINGLE MULTI FAMILY ZERO LOT FAMILY/ FAMILY FAMILY DETACHED LINE DUPLEX ATTACHED/ DWELLINGS TOWNHOME Minimum Lot Area 4,275 SF 4,000 SF 3,500 SF '> 3,500 SF NA Minimum Lot Width 45 35 35 35 NA Front Yard Setback (Principal and Accessory) 20 20 20*3 20*3 20*3 Front Yard for Side Entry Garage 15 10 10 10 12 Rear Yard Setback (waterfront) 10~ 10:3 10~ 10~ 10~ (Principal) Rear Yard Setback (waterfront) 5 5 5 5 5 (Accessory)* 1 Side Yard Setback 6 0 or 6.5 0 or 6.5 0 or 6 *5,6 NA Maximum Height *2 35 35 35 35 35 Floor Area Min. (SF) 1200 SF 1200 SF 1200 SF 1200 SF 1200 SF Minimum Distance 12 12 12 12~ -7 .5 SBH or 15 Between '6 *7 Principal Structures BH: Building Height SBH: (Sum of Building Heights): Combined height of two adjacent buildings for the puqx)~ of determining setback requirements. *1 - Accessory stmctmes shall include covered and uncovered porches, decks, swimming pools and similar accessory uses and structures. Slmctures and uses typically constructed within a canal or waterway such as boat docks, boat lifts, boardwalks, etc. shall be permitted within the canal.. *2 - Building height shall be the vertical distance measured from the first habitable finished floor elevation to the midpoint of the roofline of the structure. Buildings shall be limited to a maximum of two habitable floors above one level of parking within the 35' maximum height. *3 - For mulfifamily dwellings, setback shall be measmed from PUD boundary. Multifamily stmctules shall be set back a minimum of 10' from inlemal drives. Units with side entry garage may have an 8' setback from internal drives. *4 - Residential multi-family dwelling units with frontage along Goodland Drive within the a~a desi _enated for Commereial/Mixed Use on the PUD Master Plan may be set back a minimum of 0 feet from the canal ~mvided these sa-uctures ate develo0ed with a unified site plan. ~r4 *5 - Each half of a duplex unit requires a lot area allocation of 3,500 S.F. for a total minimum lot area of 7,000 S.F. *7- Distance between principal slxuctures not inclusive of garages 21 F:LPUD Documents\Calusa Island Village\CalusaSU-2-4-04.doc -*-5 *6 - Zero feet (03 or a minimum of six feet (63 on either side except that where the zero foot (03 yard opfon is utilized, the opposite side of the structure shall have'-~ twelve foot (123 yard. Zero foot (03 yards may be used on either side ofa s~uctme provided that the opposite twelve foot (12') yard is provided. Patios, pools and screen enclosures may encroach into the 12' yard and may attach to the adjoining dwelling provided an easement is granted from the adjoining dwelling unit owner. Where this option is used, a conceptual site plan for all lots platted for patio and zero lot line shah be submitted to the Ruildin~ Depamnent with the application for the first building, pemut. This plan wig be used to determine the twelve foot (12') spacing requirement between st~ ctures. AC.~ql)A i'rE~ MAR 2 3 2001~ SECTION IV 4.1 4.2 4.3 COMMERCIAL/MIXED USE AREACO~.~.nv~RC!AL PURPOSE The purpose of this Section is to identify permitted uses and development standards for areas within the Calusa Island Village PUD designated on the Master Plan as "Cow~merc~n~" the Commercial/Mixed Use Area. GENERAL DESCRIPTION The approximate total acreage of the Commercial/Mixed Use Area ~ Tract ;.s as indicated on the Master Plan is 0.45 acres, of which 0.12 acres is for commercial use. This acreage is based on conceptual designs and is approximate. Actual acreages of all development tracts will be provided at the time of site development plan or preliminary subdivision plat approvals in accordance with Division 3.3, and Division 3.2 respectively, of the LDC. The Commercial/Mixed Use Area Co~.merc:.n~ Tract is designed as a mixed-use area that ':,'F2ch will accommodate a variety of ~ limited commercial and personal services~ including a maximum of six (6) multi-family residential units. (See also Exhibit "B" depicting the conceptual plan for the Commercial/Mixed Use Area). PERMITTED USES AND STRUCTURES No building or structure, or part thereof, shall be erected, altered or used, or land used, in whole or part, for other than the following: A. Permitted Uses 1. Accounting, auditing, and bookkeeping services (8721). 2. Apparel and accessory stores (groups 5611-5699). Business services (groups 7311, 7313, 7322-7338, 7362, 7364- 7379, 7384). A 22 FAPUD Documents\Calusa Island Village\CalusaSU-2-4-04.doc 10. General merchandise stores (5311-5399). 11 12. 13. 20. 21. Miscellaneous retail services r~n,o 5921 ca~o 5941, 5947, 5961 5992,5994,5995,~aaa~ 22. Model homes, including offices for project administration, construction, sales and marketing. 24. Museums and art galleries (8412). 23 FAPUD Documents\Calusa Island Village\CalusaSU-2-4-04.doc AGENDA ITEM MAR 2 3 200q 27. 29. 32. 33. 34. Personal services (groups 7212). -m ~ -~ -m ~ c 7299). Residential multi-family in accordance with the development standards of Section 3.5 of this Ordinance [six (6) dwelling units maximum]. Real Estate (groups 6531-6541). Transportation Services (4724) travel agency office only. 37. Videotape rental (7841). 38. Any other ~ commercial use; which is comparable in nature with the foregoing uses that is primarily a retail er c,f.qce facil:.ty limited commercial and personal services as determined by the Zoning Board of Appeals. B. Accessory Uses Uses and structures that are accessory and incidental to the permitted uses. 2. Boat docks. 3. Caretaker's residence. 4.4 DEVELOPMENT STANDARDS A. Minimum Yard Requirements: 1. Front Yard: Twenty-five feet (25') 24 F:XPUD Documents\Calusa Island Village\CalusaSU-2-4-04.doc HAR 2 3 200q ~ "7/ I· Fo Side Yard: Ten feet (10') Rear Yard: Ten feet (10'). Setback from a canal for all principal and accessory uses may be zero feet (0') provided the Commercial/Mixed Use Area hmct is developed as a unified site plan. Exterior lighting shall be arranged in a manner which will protect roadways and residential properties from direct glare or unreasonable interference. Maximum height of structures - Two (2) story or thirty-five feet (35') for commercial structures (measured from minimum flood elevation). Minimum distance between principal stmctures - Ten feet (10') or greater if required by local fire codes in effect at time of development, however, the proposed commercial structure may be attached to residential structures. Minimum distance between detached accessory structures - Ten feet (10'). Mixed use structures - A conceptual plan for the Commercial/Mixed Use Area and structure is depicted as Exhibit "B" of this Ordinance. This area provides for six (6) multi-family dwelling units and 1300 square feet of net leasable commercial area. A caretaker's residence is allowed to be constructed on the second floor above the proposed commercial structure. The commercial structure shall be designed and utilized to be compatible with adjacent residential structures. 25 FAPUD Documents\Calusa Island Village\CalusaSU-2-4-04.doc AGENDA ITEM MAR 2 3 SECTION V 5.1 5.2 GENERAL DEVELOPMENT COMMITMENTS PURPOSE The purpose of this Section is to set forth the development commitments for the project. PUD MASTER DEVELOPMENT PLAN mo All facilities shall be constructed in accordance with the final site development plans, final subdivision plans and all applicable State and Local laws, codes and regulations except where specifically noted. Bo The PUD Master Plan (Exhibits A and B) is an illustration of the conceptual development plan. Tracts and boundaries shown on the plan are conceptual and shall not be considered final. Actual tract boundaries shall be determined at the time of preliminary subdivision plat or site development plan approval. Co All necessary easements, dedications, or other instruments shall be granted to insure the continued operaticm and maintenance of all utilities. 5.3 ENGINEERING mo Except as noted herein, all project development will occur consistent with Division 3.2 and 3.3 of the LDC. 5.4 UTILITIES mo Water distribution, sewage collection and transmission systems shall be constructed throughout the project by the Developer. Central water and wastewater service will be provided by the appropriate governmental and/or private utility provider. Appropriate utility easements will be dedicated to the utility provider in accordance with the procedure adopted by the utility provider. Bo Upon completion of the utility facilities, they shall be tested to insure they meet Collier County's utility construction requirements in effect at the time construction plans are approved. Co shall be customers of the County, except those of the Goodland Development Corporation, pursuant to the Interim Wastewater Agreement, dated April 14, 1998. All customers connecting to the potable water and sanitary sewer system Sewer ',ervi~nt)A 26 F:XPUD Documents\Calusa Island Village\CalusaSU-2-4-04.doc 5.5 5.6 Do Some sanitary sewer collection facilities may be constructed on the adjoining Calusa Island Marina property to facilitate future service to the marina. WATER MANAGEMENT mo ..... v ............................ e water mana ement system shall be designed to meet water quality standards of the South Florida Water Management District. ENVIRONMENTAL mo An exotic vegetation removal, monitoring and maintenance plan for the site, shall be submitted to Current Planning Section Staff for review and approval prior to final site plan/construction plan approval. A schedule for exotic vegetation removal shall be submitted with the above-mentioned plan. A minimum of 25% of the site's viable naturally functioning native vegetation shall be retained or replanted in accordance with Section 3.9.5.5.3 of the Collier County Land Development Code. Boat docks shall be reviewed for compliance with the Manatee Protection Plan at the time of site development/construction plan submittal. 5.7 TRANSPORTATION mo The PUD Master Plan depicts conceptual access locations to Goodland Drive (C.R. 92A), Sienna Court and Sunset Drive. The ultimate access locations shall be coordinated with the Collier County Transportation Department, as applicable. Prior to vehicular access connection to Sienna Court, all legal requirements of Federal, State and local jurisdictions shall be met. All project access points shall be consistent with the Collie Access Management Policy. 27 F:~PUD Documents\Calusa Island Village\CalusaSU-2-4-04.doc County MAR Z 3 Co Arterial level street lighting shall be provided by the developer at project entrances at the time access improvements and infrastructure improvements are installed to support development of the individual tract. A common entrance road may be constructed partially or completely on the adjoining Calusa Island Marina property for common access to the two sites and subject to a private agreement between the two parties. 28 F:xPUD Documents\Calusa island Village\CalusaSU-2-4-04.doc EXECUTIVE SUMMARY ADOPTION OF AN ORDINANCE AMENDING CHAPTER 74 OF THE COLLIER COUNTY CODE OF LAW AND ORDINANCES, AS AMENDED BY ORDINANCE NO. 2001-13 (THE COLLIER COUNTY CONSOLIDATED IMPACT FEE ORDINANCE, AS AMENDED) PROVIDING FOR AN UPDATE TO THE LIBRARY IMPACT FEE RATE SCHEDULE TO REFLECT A NEW RATE OF $148.28 PER ONE-THOUSAND (~,000) SQUARE FEET OF LIVING AREA FOR ALL RESIDENTIAL LAND USES, INCORPORATING, BY REFERENCE, THE IMPACT FEE STUDY ENTITLED "COLLIER COUNTY LIBRARY FACILITIES AND ITEMS IMPACT FEE UPDATE", ESTABLISHING INDEXING METHODOLOGY, AND PROVIDING FOR A DELAYED EFFECTIVE DATE OF MAY l, 2004 OBJECTIVE: Board of County Commissioners adoption of an Ordinance mending Chapter 74 of the Collier County Code of Laws and Ordinances, as amended by Ordinance No. 2001-13 (The Collier County Consolidated Impact Fee Ordinance) providing for an update to the Library Impact Fee rate schedule, incorporating, by reference, the Impact Fee Study entitled "Collier County Library Facilities and Items Impact Fee Update" and establishing indexing methodology in order to continue to provide financial resources for the construction and/or expansion of the County's Library system. CONSIDERATIONS: Collier County has used impact fees as a funding source for growth-related capital improvements related to Library Facilities since December of 1988. The Board of County Commissioners established the current impact fee rates in October of 2000. These rates have been in place for slightly more than three years. Section 74-502 of the CIFO sets forth the requirement for regular updates to all adopted impact fees "at least every three years". In keeping with the formal update requirement, the County executed a consultant contract with Tindale-Oliver and Associates, Inc. (the Consultant) on July 29, 2003 to review and update the Library System Impact Fees. The attached report describes the technical and legal framework and methodology used to complete this update study. The Consultant recommends a change in the Library Impact Fee rate schedule, which is currently tiered by square footage, with corresponding fees of $214 - $299 per dwelling unit, to a rate schedule reflecting $148.28 per one-thousand (1,000) square feet of living area for all residential land uses. The proposed fee schedule is considered to be the most accurate and legally defensible option for the imposition of these impact fees. On February 18, 2004, the proposed Library Impact Fee and the study were presented to the Collier County Productivity Committee for review and consideration. The Productivity Committee voted unanimously to support the scope and methodology of the study and th.~ implementation of the new Library Impact Fee rate schedule. 2 3 200 Library Impact Fee Update Page 2 The proposed Library Impact Fee and the study were also presented to the Development Services Advisory Committee (DSAC) on March 3, 2004. Although the Committee members did not cite concerns regarding the update study methodology or legality, the Committee opposes any increases in these impact fees. GROWTH MANAGEMENT IMPACT: The proposed impact fee rates are designed to provide adequate funding for Library System facilities capital improvements indicated by the Capital Improvement Element of the Growth Management Plan. Adoption of the updated Library System Impact Fee rates will decrease the price of a new 1,200 square foot residential unit by approximately $36 for new affordable housing development. The decrease is due to the impact fee schedule changing fi.om a tiered, per unit calculation to a calculation based per one-thousand (1,000) square feet of living area. Therefore, the adoption of the new Library Impact Fee rate schedule will have a positive effect on new affordable housing projects. FISCAL IMPACT: Based upon assumptions from actual past collections of Library Impact Fees and residential permitting activity as well as from current permitting activity and forecasts, the projected increase in Library Impact Fee revenue, associated to the study and corresponding fee schedule changes, is anticipated to be approximately $350,000 per year; however, changes in the trends associated to the size of new homes being constructed in Collier County will directly effect the incoming impact fee revenue stream. The following is a side-by-side comparison of the current and proposed Library Impact Fees for various size dwelling units. Land Use - Residential Current Rate Proposed Rate Size of Unit 1,000 sq ft $214 $148.28 2,000 sq. ft. $238 $296.56 3,000 sq. ft. $299 $444.84 4,000 sq. ft. $299 $593.12 The Ordinance amendment sets forth methodology to be used to index the Library Impact Fee in the two years between the formal three-year update. The indexing formula utilizes a combination of a building cost index provided by the Engineering News Record and a library items index based upon the Consumer Price Index, for the MAR 2 3:72';. Library Impact Fee Update Page 3 Miami-Ft. Lauderdale area, provided by the Bureau of Labor Statistics. Land costs were not included in the indexing formula because the majority of land utilized for the construction of library facilities is on donated land. RECOMMENDATION: Staff recommends that the Board of County Commissioners adopt the attached Ordinance, amending Chapter 74 of the Collier County Code of Law and Ordinances, as amended, the same being the Collier County Consolidated Impact Fee Ordinance, as amended, implementing the proposed Library Impact Fee rate with a delayed effective date of May 1, 2004, subject to filing the new Ordinance With the Florida Department of State. Prepared by: Reviewed by: ~'ny ~ttterson, Impact Fee Manager H ~en~ton B~~er~ -- Date: , D~rector, F~nanmal Administration and Housing Approved by: ./~~[~~ Date: //._.~eph K~~, Administ(a~r -- / (/ ~mmunity Development and Environmental ServiCes Division MAR23 2004 :: ORDINANCE NO. 2004- AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA AMENDING RENUMBERED SCHEDULE EIGHT OF APPENDIX A OF CHAPTER 74 OF THE COLLIER COUNTY CODE OF LAW AND ORDINANCES, AS AMENDED, THAT ORDINANCE BEING THE COLLIER COUNTY CONSOLIDATED IMPACT FEE ORDINANCE, NO. 2001-13, PROVIDING FOR THE INCORPORATION, BY REFERENCE, OF THE IMPACT FEE STUDY ENTITLED "COLLIER COUNTY LIBRARY FACILITIES AND ITEMS IMPACT FEE UPDATE"; AMENDING THE LIBRARY IMPACT FEE RATE SCHEDULE, AS SET FORTH IN THE IMPACT FEE UPDATE STUDY, TO REFLECT A NEW RATE OF $148.28 PER ONE-THOUSAND (1,000) SQUARE FEETOF LIVING AREA FOR ALL RESIDENTIAL LAND USES; ESTABLISHING METHODOLOGY FOR ANNUAL MID-CYCLE YEAR INDEXING ADJUSTMENTS TO LIBRARY IMPACT FEE RATES; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; AND PROVIDING FOR A DELAYED EFFECTIVE DATE OF MAY 1, 2004 WHEREAs, on June 27, 2000, the Board of County Commissioners adopted Ordinance No. 2000-47, the Collier County Library System Impact Fee Ordinance, thereby establishing the County's then applicable Library System Impact Fee rates, and, as such, those rates have been in effect for more than three (3) years; and WHEREAS, on March 13, 2001, the Board of County Commissioners adopted Ordinance No. 2001-13, the Collier County Consolidated Impact Fee Ordinance, repealing and superceding all of the County's then existing impact fee regulations, and consolidating all of the County's impact fee regulations into that one Ordinance, codified in Chapter 74 of the Collier County Code of Law and Ordinances (the Code), and incorporating the aforementioned Library System Impact Fee rates that had been established by the adoption of Ordinance No. 2000-47; and WHEREAS, Section 74-502 of the Code states that impact fee studies should be reviewed at least every three (3) years, thus, the County has retained Tindale-Oliver and Associates, Incorporated (the Consultant) to review the existing Library System Impact Fees and recommend changes to the fees where appropriate; and WHEREAS, Tindale-Oliver and Associates has prepared a development impact fees report, titled "Collier County Library Facilities and Items Impact Fee Update," dated March 4, 2004 (hereinafter the "Fee Report"); and 2 3 200 WTIEREAS, Collier County uses impact fees to supplement the funding of necessary capital improvements required to provide public facilities to serve new population and related development that is necessitated by growth in Collier County; and WHEREAS, the Consultant recommends a change in the Library System Impact Fee rate schedule, which is currently tiered by square footage with corresponding fees of $214, $238, and $299 per dwelling unit, to a rate schedule reflecting $148.28 per one-thousand (1,000) square feet of living area) for all residential land uses; and WHEREAS, the Consultant also recommends establishing the proposed impact fee rate in order to more equitably distribute the costs of acquiring public facilities based upon a rational nexus relating costs incurred by fee payers to infrastructure impacts created by residential land uses; and WHEREAS, the above recommended rate increase establishes these rates at the maximum levels allowed in accordance with equity tests established and existing pursuant to Florida law; and WHEREAS, staff has thoroughly reviewed the calculations and findings and staff concurs with the recommended change to the Library System Impact Fee rate schedule, and staff recommends that the Board of County Commissioners adopt this Ordinance to implement these recommended changes; and WHEREAS, the Board has developed fee calculation and indexing methodologies that will be imposed in an equitable and non-diseriminatory manner. NOW, THEREFORE BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION ONE. Article I, General, Section 74-106, Adoption of irapactfee studies, of the Collier County Code of Laws and Ordinances is hereby amended to read as follows: Section 74-106. Adoption of Impact Fee Studies. *** (4) Library facilities: "Collier County Library Facilities and Items Deve!c. Fment Impact Fee Update .... ~ .............. ~ ........ prepared Gr~':.~ Manage.re.ertL .... a ....... x ............ ~ Tindale-Oliver and Associates, Inc. (March 4, 2004) Underlined text is added; s'~,.:ck ~.~"u text is deleted MAR 2 3 200q Pg._ ~'~)"--"' SECTION TWO. Article III, Special Requirements for Specific Types of Impact Fees, Section 74-305, Special requirements for library impact fee, of the Collier County Code of Laws and Ordinances is hereby amended to read as follows: Section 74-305. Special Requirements for Library impact fee. (0 Impact fee rates. The library impact fee rate schedule incorporated in schedule fear (~) eight (8) is hereby adopted and the library impact fees established in the library impact fee rate schedule are hereby imposed on all development as required in this chapter at a rate established under the applicable impact fee land use categories. Annual Mid-C~cle General Government Impact Fee Rate Indexing. Beginning on May 1, 2004 the County shall commence a three-year Library System Impact Fee update cycle pursuant to Subsections 74- 201.B. and 74-502.A of the Code. In each of the two (2) mid-Cycle years (between the formal three-year update-s) be~nnin[, on or about May 1, 2005, the County shall implement adjustments to building costs based upon the building cost index provided by the Engineering News-Record and weighted as sixty-one percent (61%) of the index plus the library items costs, based on the Consumer Price Index for the Miami-Ft. Lauderdale area provided by the Bureau of Labor Economics, weighted as thirty-nme percent (39%) of the index. Mid-cycle indexed rate change adiustments will be adopted by a Resolution of the Board pursuant to Subsection 74-201.B. of this Chapter. SECTION THREE, CONFLICT AND SEVERABILITY, In the event this Ordinance conflicts with any other Ordinance of Collier County or other applicable law, the more restrictive shall apply. If any phrase or portion of this Ordinance is held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision and such holding shall not affect the validity of the remaining portions. SECTION FOUR, INCLUSION IN CODE OF LAWS AND ORDINANCES, The provisions in Sections Four through Nine of this Ordinance shall be made a part of the Code of Laws and Ordinances of Collier County, Florida. The sections of the Ordinances may be renumbered or re-lettered and internal cross- references amended throughout to accomplish such, and the word "ordinance" may be changed to "section," "article," or any other appropriate word. SECTION FIVE. EFFECTIVE DATE. This Ordinance shall be effective May 1, 2004 subject to fil/ng with the Florida Department of State. Underlined text is added; :~.:'ck '~.m text is deleted 2 3 200z 1~.~ ~> PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida LSis day of March 2004. ATFEST Dwight E. Brock, Clerk BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: By: Deputy Clerk Donna Fiala, Chairman Approved as to form and legal sufficiency: Assistant County Attorney MAR232jC) APPENDIX A SCHEDULE EIGHT LIBRARY SYSTEM IMPACT FEE RATE SCHEDULE Land Use Category Residential Land Use: Residential Impact Fee Rate $148.28 per 1,000 square feet Underlined text is added; £m:ck +.hre'.:gh text is deleted MAR Pg.., COLLIER COUNTY LIBRARY FACILITIES AND ITEMS IMPACT FEE UPDATE Prepared for: COLLIER COUNTY March 4, 2004 Prepared by: Tindale-Oliver & Associates, Inc. 1000 N. Ashley Dr., #100 Tampa, Florida 33602 ph (813) 224-8862, fax (813) 226-2106 ~AR 2 3 200~ COLLIER COUNTY LIBRARY FACILITIES AND ITEMS IMPACT FEE UPDATE Table of Contents I. INTRODUCTION ................................................................................. 1 II. OVERVIEW OF LIBRARY IMPACT FEE .................................................. 2 III. LEVEL OF SERVICE STANDARDS ....................................................... 2 IV. COSTS ............................................................................................ 4 V. NET LIBRARY FACILITY AND ITEMS IMPACT COST ............................... 8 VI. PERSONS PER HOUSEHOLD BY LAND USE ......................................... 11 VII. PROPOSED LIBRARY IMPACT FEE SCHEDULE ................................... 11 VIII. ANNUAL INDEXING OF FEE COMPONENTS ...................................... 12 LIST OF TABLES TABLE TABLE TABLE TABLE TABLE TABLE TABLE TABLE TABLE TABLE TABLE TABLE 1: Collier County Library System 2003 Level of Service .............................. 2 2: Actual Level of Service and Level of Service Standards ........................... 3 3: Library Facility Impact Cost .............................................................. 4 4: Library Items Impact Cost ................................................................ 5 5: Capital Revenue Sources - Buildings .................................................. 6 6: Capital Revenue Sources - Library Items ............................................. 7 7: Net Library Facility Impact Cost ........................................................ 9 8: Persons per Household by Housing Type ............................................ 11 9: Library Impact Fee Schedule ........................................................... 11 10: Building Cost Index .................................................................... 12 11: Library Item Cost Index ............................................................... 13 12: Building and Library Item Values ................................................... 14 Tindale-Oliver & Associates, Inc. March 2004 C olfi Library Impact Fee - Fi~ 1:107316.03-Collier County Library IF Update~Doc$~C, ollier Library IF Report-final. doc .ACr-NOA ~ - al Report MAR 2 3 2004 COLLIER COUNTY LIBRARY FACILITIES AND ITEMS DEVELOPMENT IMPACT FEE I. INTRODUCTION Tindale-Oliver & Associates, Inc. (TOA) was retained by Collier County to conduct a review of its Library impact fee program. The current library impact fees range fi.om $214 to $299 for residential land uses and were last updated in 2000. This report presents the results of the library facilities and items update impact fee study for the County. The Collier County Library System includes eight facilities: · Headquarters Library · Naples Branch · Vanderbilt Beach · East Naples · Estates Branch · Golden Gate · Immokalee · Marco Island The library system serves all residents of Collier County and its municipalities. Library circulation is rising rapidly, from 1.3 million items in 1995 to nearly 2.8 million items in 2003, an increase of 115 percent in eight years. Approximately one quarter of the circulated items are for children's use. Over the past five years the County expanded square footage of the Marco Island Branch and constructed the new Headquarters Library. The expansion, construction, and furniture cost of these facilities totaled more than $10 million. For the period from 2004 to 2008, the County is planning to spend nearly $12.5 million to expand its facilities. Planned capital additions include: · Immokalee Branch Expansion · Golden Gate Branch Expansion · Naples Branch Library Expansion · South Regional Library (new) The last update of the County library impact fee was based on a 1999 study. Given this, the County determined that a Library Impact Fee update is required. The remainder of this report provides findings of the update study based on current information available. Tindale-Oliver & Associates, Inc. Collier County March 2004 Library Impact Fee - [matNo,lr'~41) 1 I .,. II. OVERVIEW OF LIBRARY IMPACT FEE There are six major elements associated with the development of the library facilities and items impact fee: · Level of Service Standards · Library Facility Costs · Library Items Impact Cost · Summary of Library Capital Costs and Associated Funding Sources · Net Library Facility and Items Impact Cost · Proposed Library Impact Fee Schedule These elements are summarized in this report, with the result being the net impact cost for new development in Collier County. The library impact fees are charged only to residential land uses and net impact cost is reflected in a cost per 1,000 square feet of residential living space. III. LEVEL OF SERVICE STANDARDS The following table provides a summary of the current level of service (LOS) for library books and other items in Collier County. Table 1 Collier County Library System - 2003 Level of Service 2003 Square Footage/ Weighted Current Level Category Count ~ Population 2 of Service .Library Buildint~s 121,182 334,506 0.36 Library Books 535,974 334,506 1.60 Other Library Collection 85,554 334,506 0.26 (1) Source: Adapted from memorandum, Marilyn Matthes, Collier County Public Library, 11/4/2003 (2) Source: Collier County Comprehensive Planning Section, 9/17/2003 Tindale-Oliver & Associates, Inc. March 2004 Library Impact Fee -Fin~ I.q07316.03-Collier County Library IF Update~DocstColfier Library IF Report-final. doc Collier~County I I~epo~oEND~ ~'~ _ HAR 2 3 200 A comparison of the current Collier Coun~? LOS, the LOS standard (LOSS), LOS of the other Florida counties, and the State Standards is presented in Table 2. These standards are used as a framework for computing the development impact fee for libraries. Table 2 Actual Level of Service and Level of Service Standards Collier County Collier County Other FL FL LOS Current LOS LOS Standard Counties LOS Standard LOS Measure Library Buildings 0.36 ......0.33 0.41 0.60 Library Books 1.60 1.50 1.81 2.00 Other Library 0.26 N/A 0.15 N/A Collection (s) I (1) Source: Table 1 (2) Source: Adapted from memorandum, Marilyn Matthes, Collier County Public Library, 8/14/2003 (3) Source: Department of State - Division of Library & Information Services - 2002 Library Directory with Statistics. (4) Source for buildings is the 1985 Standards arid Gaidelines for Florida Public Library Services. Source for books is the Basic Level of the 1995 Standards for Florida Public Libraries. (5) Other library collection for Collier County includes periodicals, audio cassettes, compact disks, video cassettes, CD-Roms, and DVDs. Other library collection for other Florida counties includes serial subscriptions, audio and video volumes. The County has a progressive LOSS for library books. The current LOSS for books is 1.50 per resident. Although this standard has been increasing in the past, according to Collier County Public Library representatives, there are discussions to keep the standard at its current level. For the purposes of this study, a standard of 1.50 books per weighted resident is utilized. The weighted resident figure is adapted from the County's Comprehensive Planning estimates and is comprised of a weighted average of the year- round population and peak season population for Collier County. The County does not have adopted standards for periodicals or other library collections. For these items the current LOS of 0.26 per weighted resident is utilized. Tindale-Oliver & Associates, Inc. Collier County March2004 LibrarylmpactFee-Fin~F,~,~,?~GENDA~] 1:107316.03-Collier County Library IF UpdatelDocs~Collier Library IF Report-final. doc MAR 2 3200t /.9 ]: IV. COSTS Costs are divided into facilities and items. Facility costs are based on the estimated cost to add the next library building, and the cost of library items is based on the average cost per unit. Library Facility Impact Costs Library building capital costs over the past several years were used to estimate a capital impact cost per county resident. For this study, the expenditures in the construction of the new Library Headquarters building are used. Table 3 summarizes the calculation of library facility costs. Table 3 Library Facility Impact Cost Element Units Total Cost Cost of Land, acres ~ 5 $0 Cost of Buildin[~, square feet 42,000 $7,526,500 Cost of Furniture/Equipment 1 $843,000 Total Capital Costs n/a $8,369,500 Cost per square foot n/a $199.27 Square feet per Resident n/a 0.33 2 Impact Cost per Resident fda $65.76 Source: Adapted based on data ~rovided by Marilyn Matthes, Collier County Public Library, 11/25/2003. (1) According to Collier County Public Library Representatives, libraries are generally built on donated land and that the Library System does not pay for land. (2) Current level of service for library facilities. The total impact cost per resident for library facilities in Collier County is $65.76. Library Items Impact Cost The library items impact cost was estimated using the average cost per unit provided by the County. Table 4 illustrates these costs. Tindale-Oliver & Associates, Inc. March 2004 1:~07316.03-Collier County Library IF Update~DocsiCollier Library IF Report-final. doc Collier County ~,v, GENDA ITEM Library lmpactFee-Fina [ '~N~... ,~ ~ , NAR 2 3 200 Table 4 Library Items Impact Cost Library Item Count Unit Cost Total Cost Books: Books 535,974 $25.00 $13,399,350 Volumes per Resident 1 1.50 Impact Cost per Resident -- Books $37.50 Other Librat7 Items: Periodicals 1,900 $50.00 $95,000 Audio Cassettes 18,250 $45.00. $821,250 Compact Disks 10,664 $15.00 $159,960 Video Cassettes 44,709 $22.00 $983,598 CD-roms 315 $25.00 $7,875 DVDs 7,487 $20.00 $149,740 Audio Books 2,229 $50.00 $111,450 Total 85,554 $2,328,873 Average cost $27.22 Volumes per Resident 2 0.26 Impact Cost per Resident -- Other Library Items $7.08 I I Total Library Items Cost per Resident $44.58 Source: Adopted standard for Collier County. (1) Adopted standard for Collier County. (2) Current level of service. The total impact cost per resident for library items in Collier County is $44.58. Summary of Library Capital Costs and Associated Funding Sources Table 5 reports the revenues available for library capital expenditures during the past five years and the next five years, to 2008. Based on these data, capital expenditures over the past five years were funded completely with impact fees. Capital expenditures over the next five years will mostly be funded with impact fees as well. However, a small portion of the funding (less than two percent) will be secured through grants and donations. Tindale-Oliver & Associates, Inc. March 2004 Library Impact Fee -Fine 1:107316.03-Collier County Library IF UpdatetDocslCollier Library IF Report-final. doc Collier County Table 5 Capital Revenue Sources -- Buildings Capital Investment 1998-2002 Source 2004-2008 Source Total Marco Island Branch $1,766,307 Impact Fees $1,766,307 Headquarters Library $8,369,500 Impact Fees $8,369,500 lmmokalee Branch Expansion $340,000 Grants $340,000 Immokalce Branch Expansion $340,000 Impact Fees $340,000 Immokalee Branch Expansion $50,000 Donations $50;000 Golden Gate Branch Expansion $3,000,000 Impact Fees $3,000,000! Naples Branch Expansion $750,000 Impact Fees $750,000 South Regional Library $8,000,000 Impact Fees $8,000,000 Total $10,135,807 $12,480,000 $22,615,807 Iml~act Fee Fundin[~ $22,225,807 Impact Fee Funding Percent 98.28% Grants Fundin[~ $340,000 Grant Fundin~ Percent 1.50% Donations Fundin~ $50,000 Donation Fundin~ Percent 0.22% Total Grant and Donation Fundin~ $390,000 Grant and Donation Percent 1.72% Source: Adopted from memorandum, Marilyn Matthes, Collier County Public Library, 11/4/03. In addition to the building capital expenditures, Table 6 provides funding sources for library items over the past five years. As illustrated, approximately 33 percent of the library item costs was funded with revenues from the General Fund, donations, and State Aid. Tindale-Oliver & Associates, Inc. March 2004 Collier Library Impact Fee -Final~ 1:107316.03-Collier County Library IF Update~DocsICollier Library IF Report-final. doc ounty MAR 2 3 203Q /& Table 6 Capital Revenue Sources - Library Items Capital Item Amount (FY 99-03) Funding Source Books $749,600i General Fund $126,200 State Aid $2,500 Donations & Other $3,223,400 Impact Fees $4,101,700 Electronic Databases $45,000 General Fund $90,000 State Aid $325,000 Impact Fees $460,000 Audio Visual $545,100 General Fund $30,600 State Aid $8,000 Donations & Other $392,000 Impact Fees $975,700 Periodicals $251,500 General Fund $70,000 State Aid $321,500! Iotal Funding $5,858,900 Impact Fee Funding $3,940,400 Impact Fee Funding Percentage 67% Other Funding $1,918,500 Other Funding Percentage 33 % Annual Amount of Other Funding $383,700 Tindale-Oliver & Associates, Inc. March 2004 Library Impact Fee -Final h ~O 7316. 03-Collier County Library IF UpdatelDocs~Collier Library IF Report-finaL doc Collier County V. NET LIBRARY FACILITY AND ITEMS IMPACT COST To avoid over-charging new development or making double payments, a final set of calculations is undertaken. These include reducing the impact cost to reflect external revenues exclusive of impact fees (from State grants, donations, and other local revenue sources) that may be available to help finance library facilities and future purchases of library items. The additional annual revenues allocated to both library facilities and items are divided by the .total population to calculate a credit per resident for both library facilities and library items of $2.54 and $12.51 per resident, respectively. In addition, a credit must be given for past property taxes. According to Collier County Public Library representatives, the library system receives revenues from the general fund for library items purchased. However, funds from the general fund are not used toward the construction of library facilities. Therefore, the credit for past property taxes is based on the estimated share of countywide developable vacant land to the total assessed land value (5.72 percent). This percentage is then applied to the total library items impact cost per resident, for a $2.55 credit per resident. Table 7 presents the calculation of the credits discussed above, as well as the net library facility impact cost per resident. Tindale-Oliver & Associates, Inc. March 2004 Library Impact Fee -Finc I.'~07316.03-Co1#er County Library IF Update~Docs~Collier Libra~/ IF Report-final. doc Collier C~ounty MIR 2 3 200 Table 7 Net Library Facility Impact Cost Impa~:t Cost/Credit Element Impact Costs Revenue Credits Buildings: Facility Cost per Resident (1) $65.76 Annual Revenue Sources: - State grants/Donations for Building; Construction (2) $78,000 Estimated Average Annual Wei~,hted Population (04-08) (3) 382,208 Average Annual Capital Fundin~ per Weil~hted Resident: - State grants/Donations for Buildin~ Construction (4) $0.20 Capitalization Rate (5) 5% Capitalization Period (),ears) (6) 20 Credit per Weighted Resident - Buildings (7) ..... ($2.54) Net Impact Cost per Weigthed Residents (Buildiags) (8) $63.22 £ibrar), Items: Total Impact Cost per Weigthed Resident (Library Items): - Book Costs (9) $37.50 - Other Library Item Costs (10) $7.08 Total Impact Cost per Weigthed Resident (11) $44.58 Countywide Vacant Land Value Percent (12) 5.72% Revenue Credit for Past Property Taxes (13) ($2.55) Annual Revenue Sources: - State grants/Donations/General Fund for Library Item (l 4) $383,700 Estimated Average Annual Wei~hted Population (04-08) (3) 382,208 Avera[ge Annual Capital Fundin~ per Weighted Resident: - State grants/Donations/General Fund for Library. Items (15) $1.00 Capitalization Rate (5) 5°A Capitalization Period (years) (6) 20 Credit per Wei~Jated Resident -- Library Items (16) ($12.51) Total Revenue Credits per Wei~hted Resident -- Librar)' ltems (17) ($15.06) Net Impact Cost per Weigthed Resident (Library Items) (18) $29.52 Total Net Impact Cost per Weighted Resident (19) $92.74 Note: Figures may not be precise to the decimal due to rounding. Tindale-Oliver & Associates, Inc. Collier Coun~ March 2004 Library lmpactFee-F nal RelA~.l~A n~ ~.No.9 I.'107316.03-Collier ~un~ D'bm. IF Update~stCollier Libra. IF Repo~-final. doc ~A ~ 2 3 200~ The table is summarized as follows: (1) (2) (3) (4) (5) (6) (7) (8) (9) (10) (11) (12) (13) (14) (15) (16) (17) (18) (19) From Table 3 As presented in Table 5, during FYs 2004-2008, the County will use $390,000 of non-impact fee revenues toward the construction of the library buildings. This results in an annual amount of $78,000 ($390,000/5). The population figure used in the calculations is based on population projections provided by the Collier County Comprehensive Planning Section for the next five years. Item 2 divided by Item 3. Capitalization rate is estimated at five percent. Capitalization period is estimated at 20 years. Present value of the $0.20 over a 20-year period with a capitalization rate of 5 percent. Total cost (item I) less the credit (item 7). From Table 4. From Table 4. The addition of items 9 and 10. There are two revenue credits that must be applied to the total impact cost per resident, including a credit for past property taxes and a credit for capital that is expected to be acquired with revenues from other sources. According to Collier County Public Library representatives, the Library System receives revenues for book and other library item purchases from the general fund, which is backed by the property tax. However, funds from the general fund are not used toward the construction of the buildings. The credit for past property taxes is based on the estimated share of countywide developable vacant land value to total assessed land value (5.72 percent). The vacant land percentage (item 12) is applied to the library item cost to estimate the appropriate credit ($44.58 x 5.72% = $2.55). The credit for future funding is developed by estimating the average annual capital funding from sources other than impact fee. This figure comes from Table 6. Item 14 divided by item 3. The future value of the other capital funding per weighted resident (item 15) is projected over the next 20 years at a capitalization rate of five percent. Because future funding estimates for these items were not available, the estimate was based on the funding sources utilized over the past five years. Addition of items 13 and 16. Item 11 less item 17. Addition of items 8 and 18. Tindale~Oliver & Associates, Inc. March 2004 1:~07316.03-Collier County Library IF Update~DocslCollier Library IF Report-finaL doc Collier 2anntv Library Impact Fee -Fina~ Report~A ilEM IqA1~232004 [ VI. PERSONS PER HOUSEHOLD BY LAND USE The final calculation of the library impact fee is dependent upon household size (persons per household), which varies by land use. Table 8 presents the persons per household for residential uses to be included in the library impact fee schedule, which is estimated at 1.599 based on the 2000 Census. Table 8 Persons per Household by Housing Type, Collier County Residents Residential Land Use Impact Unit Per Unit (1) Residential 1000 Sq.Ft 1.599 Source: Estimate from 2000 Census by Growth Management Analysts, Inc. Vll. PROPOSED LIBRARY IMPACT FEE SCHEDULE A library impact fee schedule was developed for residential land uses and is illustrated in Table 9. The net impact cost per resident calculated in the previous section is applied to the average persons per unit by land use. The result is the total impact fee for the residential land use. Table 9 Library Impact Fee Schedule Residents per Net Cost per Total Impact' Residential Land Use Impact Unit Unit Resident Fee Residential 1000 Sq.Ft 1.599 $92.74 $148.28 Tindale-Oliver & Associates, Inc. March 2004 Collier, Library Impact Fee -Final h~O7316.03-Collier County Library IF UpdatetDocs~Colfier Library IF Report-final. doc VIII. ANNUAL INDEXING OF FEE COMPONENTS Currently, Collier County library impact fees are reviewed every three years instead of on an annual basis with no adjustment to the fee schedule during this period. This may create a situation where major adjustments become likely during updates due to the time between the adjustments. Discussions with the County Library System representatives indicated that typically, libraries are built on donated land. Therefore, library fee indexing will focus on changes in the cost of constructing buildings and purchasing library items. Building Costs The cost of building libraries should be indexed in a fixed amount each year based on the building cost index provided by the Engineering News-Record. As presented in Table 10, over the past ten years, the average increase in building cost has been approximately 2.1 percent. Table 10 Building Cost Index Year Annual Avg Percent Change 1993 2996 1994 3111 3.8% 1995 3111 0.0% 1996 3203 3.0% 1997 3364 5.0% 1998 3391 0.8% 1999 3456 1.9% 2000 3539 2.4% 2001 3574 1.0% 2002 3623 1.4% 2003* 3688 1.8% Average 2.1% *Through November only Source: Engineering News-Record, Building Cost Tindale-Oliver & Associates, Inc. March 2004 Library Impact Fee -Fina htO7316.03-Collier County I. Jbrary IF Update~DocstCollier Libra~, IF Report-final. doc Collier County ~AR23200~ ~ Library Item Costs The cost of library items should be indexed in a fixed amount each year based on the consumer price index for the Miami-Ft. Lauderdale area provided by the Bureau of Labor Economics. As presented in Table 11, over the past ten years, the average increase in building cost has been approximately 2.6 percent. Table 11 Library Item Cost Index Year Annual Index Percent Change 1993 139.1 1994 143.6 3.2% 1995 148.9 3.7% 1996 153.7 3.2% 1997 158.4 3.1% 1998 160.5 1.3% 1999 162.4 1.2% 2000 167.8 3.3% 2001 173.0 3.1% 2002 175.5 1.4% 2003* 180.0 2.6% Average 2.6% *Half year Source: US Department of Labor, Bureau of Labor Statistics, CPI - Miami-Ft. Lauderdale, FL Application It may be useful to illustrate how these indices can be applied. As presented in Table 12, of the $40 million total library capital value, approximately 61 percent is for the buildings and 39 percent is for library items. Applying these percentages to the average cost increases presented previously would provide a combined index of 2.3 percent [(2.1 x 0.61) + (2.6 x 0.39) = 2.3], which then can be applied to all fees presented previously in Table 9. For example, using this index, the cost for 1,000 square feet of residential land use would increase from $148.28 to $151.69 [(148.28) * (1+0.023) = $151.69] at the end of the first year. Tindale-Oliver & Associates, Inc. March 2004 Collier £ibrary Impact Fee -Fine I.'107316.03-Collier County Library IF Update~Docs~Collier Library IF Report-final. doc Coum~ Repo~A I'r~- ' ~AR 2 3 Table 12 Building and Library Item Values Cost per Unit Total Value Percent of Unit (1) (2) (3) Total Value ValueofBuildinss (sf) 121,182 $199.27 $24,148,399 61% Value of Library Items 621,528 $25.31 $15,728,223 39% $39,876,622 (1) Source for unit is Table 1. (1) Source for building unit cost is Table 3. (2) Source for total value of the library items is Table 4. (3) Note: Figures may not multiply due to rounding. Tindale-Oliver & Associates, Inc. March 2004 Collier Library Impact Fee -Fina 1:~07316.03-Collier County Library IF UpdateIDoc$~Collier Library IF Report-final. doc NAR 2 3 200~, EXECUTIVE SUMMARY ADOPTION OF AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NO. 200343 TO CLARIFY THE EFFECTIVE DATE PROVISIONS OB.JECTIVE: Board of County Commissioners adoption of an Ordinance amending Ordinance No. 2003-63, which established a deferral program for the Immokalee area, to clarify the desired boundaries of the reconfigured Immokalee Redevelopment Area to include a portion of the Immokalee Enterprise Zone, as depicted in attached Exhibit A. CONSIDERATIONS: On June 11, 2003, a BCC workshop was held to discuss the report from Robert Charles Lesser & Company, LLC, regarding the Analysis of the Effectiveness and Fiscal Impact of Economic Development Incentives, which was prepared for the Immokalee Community Development Corporation. As a result of the workshop, staff was directed to develop a deferral program for owner-occupied dwellings in the Immokalee area for consideration and adoption by the Board of County Commissioners. On November 18, 2003, the Board of County Commissioners adopted Ordinance number 2003-63, amending the impact fee regulations in Chapter 74 of the Collier County Code of Laws and Ordinances to allow for the deferral of certain impact fees for residential development. During the presentation relating to this item a map was presented depicting the boundaries of the area to which these economic incentives were intended to apply (See Exhibit A), however the boundaries depicted on the map conflicted with those set forth in the text of the Ordinance which stated that the boundaries of the Immokalee Redevelopment Area were to be expanded "to include the Immokalee Enterprise Zone in its entirety." The boundaries of the Enterprise Zone were greatly expanded by the Board on September 14, 1999, to include census tracts 112.04, 112.05, 113 and 114 (See Exhibit B), therefore, the map used in the presentation illustrating the "entirety" of the Enterprise Zone, was actually an outdated map, which depicted the Enterprise Zone prior to September 14, 1999. Consequently, the text of the effective date provisions in the Board approved ordinances apply to an expansion of the :Immokalee CRA that was considerably larger than was intended by staff. Staff has prepared the attached Ordinance Amendment and maps to identify the actual geographic area in which eligible projects may be allowed to participate in the Immokalee Residential Deferral Program. GROWTH MANAGEMENT IMPACT: Based upon the adopted, aforementioned Ordinance, the deferral program will be funded partially by a portion of the TIF funds generated by the qualifying residential units and allocated to the Immokalee CRA, in addition to funding from the General Fund (outlined below). Therefore, although there will be additional demand placed on the various Public Facilities related to ~opulation AGENDA rrEM ~ i NAR 2 3 200 CIFO Amendment Immokalee Deferral Program Page 2 growth, the qualifying developments will pay their fair share of the cost associated to providing necessitated capital improvements. FISCAL IMPACT: The adopted Immokalee Residential Deferral Program will be funded by two sources, as follows. The Program requires funding from the County General Fund in the amount of $500,000 for the first year of the program, which is included in the FY04 budget for Economic Incentives in Immokalee. The $500,000 County contribution will provide a funding source for the impact fees in excess of the TIF contribution. Year Two and Year Three of the Program will require additional annual funding. In addition to the County's funding contribution, the Immokalee CRA will provide funding through the use of the TIF associated to the qualifying dwelling units. The qualifying party will enter into a deferral agreement with Collier County and the deferral agreement will stand in lieu of payment of the applicable impact fees. A re- payment period of eleven years (11) would require a 95% per year transfer of the TIF funds associated to each qualifying dwelling unit from the CRA Trust to the applicable Impact Fee Trust Fund(s). When the term of deferral is complete, either by TIF and General Fund payments or the obligation to pay being realized through the sale, transfer or re-financing of the subject development the applicable impact fees will have been paid in full. However, the lien on the subject property will remain until the property is sold, transferred or refinanced, at which time the amount of the impact fees will be repaid to the CRA Trust Fund and General Fund on a pro rata basis. The fiscal impact associated to this Impact Fee Deferral Program is related to the payment of impact fees over time and the potential impact on capital project funding. However, the requirement to pay the applicable impact fee is not waived, therefore, each qualifying development will be required to pay its fair share of the cost of capital infrastructure improvements and or additions necessitated by growth and the Impact Fee Trust funds will ultimately receive payment of the fees in full. IMMOKALEE CRA ADVISORY BOARD RECOMMENDATION: When adopted in November 2003, the intent of the Immokalee Redevelopment Area Advisory Board was to include the four-census tract area comprised of tracts 112.04, 112.05, 113 and 114 (See Exhibit B). On February 18, 2004, the Advisory Board met and affirmed its original intent to include all four census tracts as the boundary of the expanded redevelopment area. STAFF RECOMMENDATION: The map that was presented to the Board of County Commissioners on November 18, 2003, although outdated, depicted the smaller geographic boundaries that were determined to most appropriately suit this Program. Therefore, staff has amended the language in the Ordinance and has prepared the attached maps, which are current, and consistent with the intent of the Ordinance and the Program area previously presented to the Board. MAR 2 3 200 CIFO Amendment Immokalee Deferral Program Page 3 Staff recommends that the Board of County Commissioners adopts the attached Ordinance amending Chapter 74 of the Collier County Code of Laws and Ordinances, the same being the Collier County Consolidated Impact Fee Ordinance, 2001-13, as amended, clarifying the desired boundaries of the Immokalee Redevelopment Area, effective upon filing with the Department of State. Amy Patt~son, Impact Fee Manager Reviewed By: Date: H. Denton Baker, Director Financial Administration and Housing /J_feph K. schmitt, Xdministrator (~ommunity Development and Environmental Services Division 2 3 200 ORDINANCE NO. 2004 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NO. 2003-63 TO CLARIFY THE EFFECTIVE DATE PROVISIONS OF THAT ORDINANCE; PROVIDING FOR CONFLICT AND SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on November 18, 2003~ the Board of County Commissioners of Collier County, Florida adopted Ordinance Ho. 2003-63, amending the Collier County Impact Fee regulations in Chapter 74 of the Code of Laws and Ordinances to allow for the deferral of certain impact fees for residential development; and WHEREAS, Chapter 125.01(1)(t), F!oride Statutes, authorizes the Board to enact ordinances necessary for the exercise of it~ pourers; and WHEREAS, enactment of the followin.~ ~mending ordinance will be in the public interest and serve a valid public purpose by clarifying the precise events required for the above-referenced economic incentive ordinances to become effective. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, THAT: SECTION ONE. The "Effective Date" provisions of Ordinance No. 2003-6?, in Section Three of that Ordinance, is amended as follows: This Ordinance will immediately become effective upon the last date of occurrence of all three of the following events, regardless of the order in which they may occur: 3. the effective date of ordinances by the Board of County Commissioners adopting appropriate amendments to modify the Collier County Community Redevelopment Plan for Immokalee to allow for the use of TIF funds for the repayment of property taxes to eligible business located in a portion of the Immokalee Enterprise Zone and expanding the boundaries of the Immokalee Redevelopment Area to include a portion of the Immokalee Enterprise Zone, as that portion of the Immokalee Enterprise Zone is depicted in the attached Exhibit A. SECTION TVVO. CONFLICT AND SEVERABILITY. In the event this Ordinance conflicts with any other Ordinance of Collier County or any other applicable law, the more restrictive will apply. If any phrase or portion of this Ordinance is held invalid or unconstitutional by any court of competent jurisdic ~n, Page 1 of 2 Words struck through are deleted, words underlined are added MAR 2 3 2004 such portion will be deemed a separate, distinct and independent provision and such holding will not affect the validity of the remaining portions. SECTION THREE. EFFECTIVE DATE. This Ordinance will become effective upon filing of this Ordinance with the DepartTnent of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida this day of ., 2004. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: Deputy Clerk By: Donna Fiala, Chairman Approved as to form and I~at~'ick G. V~/h~t~ Assistant County Attorney Page 2 of 2 Words .......... rcu~., are deleted, words underlined are added MAR 2 3 200 t · LINRO0 o~r~o~lB ~LINi'IO3 g~ A.L NigO0 ~J. Nno0 ~ G~L f SOSJ. o~ SIS,L MAR23200q [ I Proposed and Existing Immokalee Community Redevelopment Area R28E I R29E I R30E 2~ ~ ~ ~ ,~ ~ ~ / ~ ~.g c~ r / ", + c Co.~ m~..c~..~,--~.,~. Exhibit A . . o ,.. , ~,. ~ ~un~ R~el~ Area HAR 2 3 200~ Boundaries of: Original (1999) Immokalee Enterprise Zone & Existing Enterprise Zone '~ 0 0.5 1 2Mies Existing Enteq3'ise Zone Boundary C;~'~,'Co~__ ...... o,dE.te~z~.Bou.da~ Exhibit B ary MAR 2 3 EXECUTIVE SUMMARY PETITION: SRA-2003-AR-4578 AVE MARIA UNIVERSITY A RESOLUTION OF THE COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS DESIGNATING 960 ACRES WITHIN THE RURAL LAND STEWARDSHIP AREA ZONING OVERLAY DISTRICT AS A STEWARDSHIP RECEIVING AREA, APPROVING THE PRELIMINARY STEWARDSHIP RECEIVING AREA CREDIT AGREEMENT FOR AVE MARIA, AND ESTABLISHING THE NUMBER OF STEWARDSHIP CREDITS BEING UTILIZED BY THE DESIGNATION OF THE AVE MARIA STEWARDSHIP RECEIVING AREA. OBJECTIVE: To have the Board of County Commissioners consider an application for a Stewardship Receiving Area (SRA) designation for the subject property pursuant to the regulations of the Rural Lands Stewardship Area (RLSA) Zoning Overlay District, Section 2.2.27. of the Collier County Land Development Code. This application involves the designation of approximately 960 acres as the initial phase of the Ave Maria Town Plan. The Ave Maria Town Plan consists of the development of a town and a major new Catholic University. CONSIDERATIONS: This SRA application is the initial phase of a planned larger project, as both the University and town will expand beyond the limits of the boundaries outlined in this application submittal. The resulting Ave Maria project will constitute a Development of Regional Impact (DRI) pursuant to Chapter 380.06, Florida Statutes. A preliminary development agreement (PDA) will be entered into with the Department of Community Affairs of the State of Florida. The PDA will authorize construction of this part of the project that is covered by this SRA designation application, prior to the issuance of a DRI Development Order. To address the specifics of each SRA, the attached master plan of the subject SRA was prepared and submitted to Collier County as a part of the petition for designation as an SRA. The master plan i~ required to demonstrate that the SRA complies with all applicable policies of the Overlay and the LDC Stewardship District and is designed so that incompatible land uses are directed away from wetlands and critical habitat identified as FSAs and HSAs on the Overlay Map. The initial phase of the Ave Maria project, which is the subject of this SRA designation application, consists of 960 acres, 327 +/- of which are dedicated to the University and 633 acres to the Town. The initial phase of Ave Maria University will support 1,200 students, and contains academic and administration buildings, student and administration housing, recreation, sports, support facilities and utilities sites. This phase of the Town will contain a maximum of 950 dwelling units, located in shared-use buildings in the Town Core and Town Center, and in a mix of residential unit types in the Town Center and Neighborhood General areas. The Town Core and Center will provide a maximum of 90,000 gross square feet of leaseable retail space, 35,000 gross square feet of leaseable office I AR 2 3 200 n. / space, 15,000 gross square feet of civic type of uses and a l l0-room hotel. Additionally, the development will contain a private K-8 school, parks and other open space uses. The development application indicates that there is one access point proposed for the project, that being from Oil Well Road. To address the specifics of each SRA, the attached master plan of the subject SRA was prepared and submitted to Collier County as a part of the petition for designation as an SRA. The master plan is required to demonstrate that the SRA complies with all applicable policies of the Overlay and the LDC Stewardship District and is designed so that incompatible land uses are directed away from wetlands and critical habitat identified as FSAs and HSAs on the Overlay Map. The development standards proposed for the project are predicated on the principles of traditional neighborhood design and sustainability. The design of the town and the mix of land uses will enable residents and students to live, work and recreate within the University town environment, much of which will be accessible by a 5 to 10 minute walking distance. Town streets are connected in a system of blocks. Streets with low- speed geometry and the presence of sidewalks characterize the transportation network. The university also includes an extensive pedestrian system network, thus minimizing the need for motorized transportation. FISCAL IMPACT: When considering development or land-use planning proposals, interested parties -- such as citizens, planners, elected officials, and developers -- have a keen interest in how given options may affect our local governments' costs and revenues. If a particular development or project will bring more in revenues than it will cost in services, it might help ease local financial burdens and allow the locality to improve services or cut taxes. Conversely, if it will require service costs that exceed revenues, it could increase pressure to raise taxes, find additional sources of funds, or curtail community services. Moreover, when there are alternatives for developing particular parcels of land, it is likely that they will differ from each other with respect to costs and revenues. The process of estimating these potential impacts is called "fiscal impact analysis." In many communities, it can be an important consideration for approval, conditions for approval or disapproval of a proposal or plan. Section 2.2.27.10.L of the Collier County Land Development Code (LDC) references the economic assessment of the SRA designation: An economic assessment meeting the requirements of this section shall be prepared and submitted as part of the SRA designation application package. At a minimum, the analysis shall consider the following public facilities and services: transportation, potable water, wastewater, irrigation water, stormwater management, solid waste, parks, law enforcement, emergency medical services, tire, and schools. Development phasing and funding mechanisms shall address any adverse impacts to adopted minimum levels of service pursuant to the Division 3.15 of the LDC. 1. Demonstration of fiscal neutrality. Each SRA must demonstrate that its development, as a whole, will be fiscally neutral or positive to the Collier County tax base, at the end of each phase, or every five years, whichever occurs first, and in the horizon year (build-out). This demonstration will be made for 2 I AR 2 3 200 each unit of government responsible for the services listed below, using one of the following methodologies: Collier County fiscal impact model. The fiscal impact model officially adopted and maintained by Collier County. Alternative fiscal impact model. If Collier County has not adopted a fiscal impact model as indicated above, the applicant may develop an alternative fiscal impact model using a methodology approved by Co!~lier County. The model methodology will be consistent with the Fiscal Impact Analysis Model ("FIAM") developed by the State of Florida or with Burchell et al., 1994, Development Assessment Handbook (ULI). The BCC may grant exceptions to this policy of fiscal neutrality to accommodate affordable or workforce housing. 2. Monitoring requirement. To assure fiscal neutrality, the developer of the SRA shall submit to Collier County a fiscal impact analysis report ("Report") every five years until the SRA is 90 percent built out. The report will provide a fiscal impact analysis of the project in accord with the methodology outlined above. 3. Imposition of special assessments. If the report identifies a negative fiscal impact of the project to a unit of local government referenced above, the landowner will accede to a special assessment on his property to offset such a shortfall or in the alternative make a lump sum payment to the unit of local government equal to the present value of the estimated shortfall for a period covering the previous phase (or five year interval). The BCC may grant a waiver to accommodate affordable housing. 4. Special districts encouraged in SRAs. The use of community development districts (CDDs), municipal service benefit units (MSBUs), municipal service taxing units (MSTUs), or other special districts shall be encouraged in SRAs. When formed, the special districts shall encompass all of the land designated for development in the SRA. Subsequent to formation; the special district will enter into an interlocal agreement with the county to assure fiscal neutrality. As outlined above, if the monitoring reveals a shortfall of net revenue, the special district will impose the necessary remedial assessment on lands in the SRA. In order to assess the financial impacts of the Ave Maria University (AMU) and Stewardship Receiving Area to Collier County, the County has employed the Fishkind & Associates Fiscal Impact Analysis Model. Fishkind developed the FIAM under contract with the State of Florida to assist with local and statewide fiscal assessments related to: 1. Financial sustainability 2. Comprehensive Plan amendments 3. Growth management 4. Land use decision making MAR 2 3 200 ~.. '-~ To date, the State of Florida Department of Community Affairs (DCA) has not officially adopted the FIAM for use statewide. However, the DCA endorses the Fishkind model and may require local jurisdictions to utilize the FIAM when making community development and growth management-type reviews and decisions. Fishkind & Associates are also involved in significant financial advisory roles to numerous special districts, redevelopment agencies, real estate developments and local governments, including the cities of Fort Myers, Tampa and Orlando; and the counties of Palm Beach, Broward and Orange. The impact assessment methodology employed in the AMU analysis is the Collier County FIAM "working model". This most updated version of the model was developed in an approach consistent with the FIAM's standardization for various other jurisdictions throughout the State of Florida. There are currently over 15 communities utilizing the FIAM statewide. County staff continues to collaborate with Fishkind & Associates to update and recalibrate the model using the most up-to-date information available. According to Dr. Hank Fishkind, "The working model is the best available methodology to assess the fiscal neutrality of the proposed Ave Maria PDA." The fiscal impact analysis seeks to determine the fiscal neutrality of the AMU project concerning the costs and revenues to the County. The demonstration of fiscal neutrality must indicate that the project will be financially neutral or positive to the Collier County tax base. The analysis herein relates to AMU through 2008 - the conclusion of the first phase of development. The fiscal impacts comprise both operating costs and revenues and capital costs and revenues. According to the data and AMU Economic Model submitted to the County by Wilson Miller dated October 1, 2003, AMU and the residential development will generate positive fiscal impacts on the County in 2008. The operating deficit is offset by the significant capital surplus based on the assumptions in Table 1. The main reason for the operating shortfall in the early years of the project is the lag between the time a residence is constructed and when it comes onto the tax roll and creates ad valorem revenues for the County. The economic model goes on to point out that, over time, the operating budget will create a surplus with the residential development program. I AR 2 3 200 Table 1 - Fiscal Impact of the Residential Development Program Year 2008 Total. Operating Reyenue .......... $3,348,172 ............................. Total Operating Cost $3,820:632 ,Net Operating Impact 25472;'46i ..... ii. iiii iiiiii'"i 'iiii. i-ii".~ 95 % of Net Operating Impact -$472,461 Total Capital Cost $5,612,696 .................... Net Capital Impact $1,896,745 ............ Net Total Impact @ 95%of Revenue $!,424,285 .......................... The two primary components of the project involve the residential core and the university core. The residential component of the development involves 951 dwelling units. The total operating revenues for the residential development displayed here signifies the year 2008. Because these revenues are trends that continue each year, displaying the total for 2008 is proper. However, capital costs and capital revenues (impact fees) occur on a one-time basis. Therefore, the data shown in Table 2 and indicated on the analysis spreadsheet represents a cumulative basis for 2006 - 2008. Table 2 - Residential Development 2006.2008 Land Uses Taxable Value 2006 - 2008 $400,000 223 Condominiums $250,000 175 According to Fishkind, however, the university component of the development will initially have a negative impact on the operating budget and capital account for the County in 2008. The university core comprises the university, a K-8 school, church, 110-room hotel and related student housing. The 1 revenue generated from the university core alone will not be enough to offset the capital costs to the County, including police, fire and roads. In 2008, however, the total revenues to the County will be enough to create a positive impact and counteract the deficit of the university core. While substantial portions of AMU will almost certainly qualify for tax-exempt status and the anticipated ad valorem revenue stream from a development of this magnitude will not be available to the County, staff does not agree with the FIAM that all other fiscal impacts of AMU are negated (as indicated on page 4 of the Economic Assessment Report of the SRA application). In response, Dr. Fishkind mentioned that the University core presents a peculiar problem and it is unclear how it will actually impact the County. How many students will use County facilities or how much police and EMS protection will be required for a religious-oriented campus are imponderables at this point. Staff agrees that monitoring and imposing special assessments if there is a shortfall would best serve the County. Because the campus core is tax exempt, it is difficult for it to be fiscally neutral. Over time, as the balance of the community develops around it, there is a greater chance for a fiscal surplus. Florida State Statutes 196.192 and 196.198 identify the exemptions from ad valorem taxes and point out that an educational institution and the property used by them or by any other exempt entity or educational institution exclusively for educational purposes shall be exempt from taxation. Under F.S. 196.012, AMU meets the criteria of an educational institution and, as a result, qualifies for the exemption. When utilizing demographic data for financial analysis, it is important to use the best and most up-to- date statistics available. In this case, the total County population data used in the model (277,457) originates from the University of Florida Bureau of Economic and Business Research 2002 Estimates of Population as of April 1, 2002. The population figure is a divisor used in the per cap±t:a projections. The population data should adhere to the budget data projected in the FIAM (2003 budget data was not available to Fishkind at the time of their analysis). If the population data were updated to represent 2003, and the budget figures remained at 2002 levels, the result would likely project per capita costs and revenues that are less than they actually were. The goal of the FIAM is to gauge the number of people receiving services from the County. After reviewing the AMU project and the submitted information from Wilson Miller and Fishkind & Associates, there are some important assumptions to consider: 1. The residential development and estimated project data are important program inputs into the fiscal impact spreadsheet (Table 3). 2 3 200q Table 3 - Residential Values Single-Family - Low Range Single-Family - High Range Multifamily-For Sale Townhouse Multifamily-Rental Apartments/TH $125,000 $4oo,ooo $250,000 $125,000 iDeveloper) IDeveloper) (Developer) $125,000 $250,000 $135,000 $75,000 To the extent that the actual residential development differs from the developer predicted average prices listed above, the economic and fiscal results may change significantly. Please note that the AMU estimates are noticeably greater than the default values calculated by the FIAM. Collier County Property Appraiser data was used to obtain the default values. The capital cost analysis and related estimates are based on the assumption that AMU, as indicated in the Preliminary Development Agreement, will be an integrated community. This would result in a substantial internal capture rate for all roadway trips. Table 4 shows the internal capture rate for peak hours for AMU. Table 4 - Internal Capture te or Internal Capture ICa g y ...... ,__,~ I Residential Condo/Townhouse Entering 60% --Code 710 ~ntering 6O% 5O% vate School (K- 12) Code 521 6O% MAR 2 3 200q The peak hour analysis provided by the developer is used in the fiscal analysis and the FIAM submitted the County. To the extent that these internal capture rate suppositions are not correct, the FIAM capital cost estimations may be significantly affected. The average internal captures rates for Collier County are considerably less than those figures used in the model (Table 5). Table 5 - Collier County Internal Capture aternai Ca ~re Avera General Office Conclusion According to Fishkind, "No matter how accurate or sophisticated a fiscal impact model may be, judicious use and good judgment are of paramount importance." The model is only a tool for evaluating the likely fiscal impacts flowing from land use decisions. While it is a powerful and user- friendly tool, it is not a substitute for experienced professional analysis. Its use is complimentary - not substitutive." At this point in the planning process, it is often difficult to calculate and predict various development program variables including internal capture rates, market demand and pricing. Throughout the Ave Mafia University FIAM database, the developer applies various assumptions and predictions. These assumptions and predictions may or may not be accurate once the project commences and progressively moves through fruition. As a result, the monitoring aspect as required under LDC Section 2.2.27.10.L.2 is imperative to the assurance of fiscal neutrality on the County. An effective monitoring program will help determine the commercial and residential values. If AMU falls short in their assumptions and if there is a negative fiscal impact at the end of any monitoring interval, the County, as permitted in the LDC, should then impose special assessments on the project to bring it to fiscal neutrality. I',4AR 2 3 200 Based upon staff's analysis of the FIAM and its application related to AMU, the development project, as submitted to the County, should achieve fiscal neutrality (positive) in the year 2008. Therefore, the FIAM submitted in support of the Ave Maria SRA application is sufficient per Section 2.2.27.10.L. 1 .b. GROWTH MANAGEMENT IMPACT: The subject property is designated Agricultural/Rural (Agricultural/Rural Mixed Use District, Rural Lands Stewardship Area Overlay). Relevant to this Overlay, the planning strategies and techniques include urban villages, new towns, satellite communities, area-based allocations clustering and open space provisions, and mixed-use development that allow the conversion of rural and agricultural lands to other uses while protecting environmentally sensitive areas, maintaining the economic viability of agricultural and other predominantly rural land uses, and providing for the cost-efficient delivery of public facilities and services. Specifically, the Overlay allows development in the form of a Town, Village, Hamlet or Compact Rural Development, subject to certain criteria and development parameters, as a Stewardship Receiving Area, and allows "public benefit uses" such as a post secondary institution. The Village must meet the Collier County RSLA (Rural Lands Stewardship Area) Overlay Stewardship Receiving Area Characteristics as identified in the table below. The table lists allowable land uses and threshold requirements from the RLSA Overlay, Attachment C, followed by staff comment/analysis. Reference to the relevant RLSA Overlay Policies (Group 4 Policies) is listed below, followed by the abbreviated staff comment/analysis (see attached staff report for a more detailed analysis). Size (Gross Acres) Residential Units (DUs) gross acre base density Residential Housing Styles Maximum Floor Area Ratio or Intensity Goods & Services per 100-1000 acres. The SRA is 960 acres. 1-4 DUs per gross acre. 950 DU/ 960 acres =IDU/A. Diversity of single family and multi-family housing types, styles, lot sizes Provided for in Tab 6, page 62. Retail & Office - .5 Civic/Governmental/Institution - .6 Group Housing - .45 Transient Lodging - 26 upa net. ?forMed for in Tab 6, page 9-11, 24, 46. Village Center with Neighborhood Goods and Services in Village Centers: Minimum 25 SF gross building area per Du Provided.for in Tab 6, page 46 & 62; calculations can be deter~ninedJ?om data in Appendix C (950 DUs x 25 s.f./DU = 23, 750 s.f required: 125,000 s.f of retail & office provided). 9 2 3 200q Water and Wastewater Recreation and Open Spaces Civic, Governmental and Institutional Services Transportation Centralized or decentralized community treatment system; Interim Well and Septic._ Provided for in Tab 4, Impact Assessment Report. Parks & Public Green Spaces w/n Neighborhoods (minimum 1% of gross acres) Active Recreation/Golf Course Lakes Open Space Minimum 35% of SRA. Total Open Space provided for in Tab 6, page 109, Figure 2, Open Space Calculations (Ave Maria Town: 261 acs. Open Space/Lakes = 41%; Ave Maria University: 212 acs. Open Space/Lakes = 65%; calculations can be determined from data in Appendix C. Moderate Range of Services-minimum 10 SF/DU; Full Range of Schools Provided for in Tab 6, Ave Maria Town Plan; calculations can be deter~nined from data in Appendix C (950 DUs x 10 s.f/DU = 9,500 s.f. required; 15,000 s.f. of civic uses provided). Auto-interconnected system of collector and local roads; required connection to collector or arterial; Interconnected sidewalk and pathway system; Equestrian Trails County Transit Access. Provided for in Tab 6, pages 93-99, & Tab 4, pages 16-22, and Land Use Master Plan, page 6; SRA connects to CR-858, a collector road as identified in the Transportation Element. Group 4 - Policies to enable conversion of rural lands to other uses in appropriate locations, while discouraging urban sprawl, and encouraging development that utilizes creative land use planning techniques by the establishment of Stewardship Receiving Areas. Policy 4.1 -The subject petition is for an SRA therefore is consistent. Policy 4.2 - The subject site is designated on the Overlay Map as eligible for SRA designation. Policy 4.3 - The property owner has submitted the required SRA application along with a SRA Master Plan as described in Policy 4.5. There is currently an SSA application pending for 7,842.5 Stewardship Credits; this project will require 5,064 credits. (Provided for in Tab 2). Policy 4.4 -N/A to applicant. lo MAR 2 3 200 n.___/0 Policy 4.5 -The applicant has submitted a master plan with their petition (Tab 6, Ave Maria Town Plan, Land Use Master Plan, page 6.) Compliance with applicable policies of the Overlay is addressed in this memo. Compliance with the LDC requirements is to be reviewed and determined by the Zoning and Land Development Review Department. Policy 4.6 -This application is being reviewed under the Village criteria. Policy 4.7 - See specific response under Policy 4.7.2. Policy 4.7.1 - N/A to application. Policy 4.7.2 - The base density (1 DU/A) and project size (960 acres) are both consistent with the Village criteria. The Ave Maria Town Plan incorporates residential neighborhoods and a mixed-use village center, parks and public green spaces along with interconnected sidewalks and pathway systems to serve the residential neighborhoods. (Provided for in Tab 6, Ave Maria Town Plan, pages 5, 23, 24, 45, 46, & 60.) The full range of schools is not provided, only K-8, and that is a private (parochial) school. However, it is not an actual requirement to provide the full range of schools, or to provide public schools, or to provide schools at all. It is a requirement to locate schools and parks adjacent to one another, if possible. The Plan does not address the proximate location of those facilitates; that is, the Plan does not indicate those facilities will be adjacent to one another, nor does it state they will not be adjacent to one another with explanation/justification why it isn't possible. The petitioner has indicated the proximate location of schools and parks will be addressed during the DRI (Development of Regional Impact) review. Policy 4.7.3 N/A to application. Policy 4.7.4 N/A to this application. Policy 4.8 -The subject site is located within land designated as "open" on the RLSA Stewardship Map, and does not encroach into any FSA, Flow-way Stewardship Area, or HSA, Habitat Stewardship Are. (Provided for in the Ave Maria Natural Resource Index Assessment, Tab 3, page 3, page 12, Figure 3) Policy 4.9 Subsequent to a detailed verification analysis, all land with the proposed Ave Maria possesses a Natural Resource Index value of less than 1.2. (Provided for in the Ave Maria Natural Resource Index Assessment, Tab 3 page 8,14- Figure 3b & page 18) Policy 4.10 The portion of the site devoted to the Ave Maria University (327 acres) does not require consumption of Stewardship Credits, and therefore does not have to maintain a 35 percent open space factor. The remaining 633 acres of Ave Mafia devoted to the Town land uses require a minimum of 11 221 acres (35 percent) of space. Approximately 261 acres of open space is being provided or 41 percent. (Provided for in Ave Maria Town Plan, Tab 6, page 109, Figure 2.) Policy 4.11 Many of the design and planning principles guiding the vision of the Ave Maria are oriented to protect natural resources, buffers, and ~vetland habitats areas, while developing the convergent University and Town away from sensiti'~e areas. Transitional uses, such as, water retention, passive recreation, and agricultural lands will be uses as buffers to protect sensitive areas." (Provided for in Tab 6, Ave Maria Town Plan, page 108). Policy 4.12 The site is located within land designated as "open" on the RLSA Stewardship Map, and does not encroach into any FSA Flow-way Stewardship Area, HSA, Habitat Stewardship Area, or WRA, Water Retention Area. (Provided for in Natural Resources Index Assessment, Tab 3, page 3). The site adjoins WRAs. (Ground water table addressed within Tab 4, Ave Maria Impact Assessment Report, pages 13-15). Policy 4.13 The subject site is located within land designated as "open" on the RLSA Stewardship Map, and does not adjoin any FSA, Flow-way Stewardship Area, HSA, Habitat Stewardship Area, or existing public or private conservation land shown on the Stewardship Overlay Map. (Provided for in Tab 3, Natural Resources Index Assessment, page 3). Policy 4.14 The applicant proposes access from CR-858 (Oil Well Road), a collector road as identified in the Transportation Element. (Provided for in Tab 4, Impact Assessment Report, page 19, and Tab 6, Ave Mafia Town Plan, Land Use Master P!a~, page 6). Concurrency will be determined at the time of future subsequent development orders. The Transportation Division staff will review this project for its transportation impact. Policy 4.15 Applicant addresses most of the relevant issues and requirements within Tab 6, Ave Maria Town Plan, pages 24, 46, 62 & 85. Specific requirements are contained in other Policies, and staff analysis is provided there. Policy 4.16 Analysis provided in Tab 4, Impact Assessment Report. Analysis for impacts to parks, law enforcement and schools is not provided; see further comments below under "SRA Application Review". Policy 4.17 Analysis provided in Tab 5, Economic Assessment Report. Policy 4.18 The proposed project comprises of 960 acres; of those, 327 acres are devoted to the University and do not require Stewardship Credits. The remaining 633 acres will require 5064 credits. There is SSA application pending for 7,842.5 credits for this project. (Provided for in Tab 7). 12 I'.tAR 2 3 200 Policy 4.19 327 acres of the subject site will be developed under the public benefit uses; 633 acres are devoted to the Town. Policy 4.7.1 establishes a minimum of 100 acres and maximum of 1,000 acres for a Village. The subject SRA comprises 960 acres. Policy 4.20 This site is not within the ACSC. FLUE Policy 5.4 provides that all new development must be compatible with and complimentary to surrounding land uses. Comprehensive Planning leaves this determination to Zoning and Land Development Review staff as part of their review of the petition in its totality. The application was deemed consistent with the applicable provisions of the Transportation Element and Utilities and Water Management concerns. Zoning Department: The structure of the LDC regulations governing development in the Eastern Lands is different from those regulations that govern the Urban area of the County. The RLSA overlay district design standards are intended to encourage compact urban design with walkable communities and a mixture of land uses within the same development tracts, and utilizes the planning concepts that are based on traditional small town and city neighborhood development principles. While there is no single model for a traditional neighborhood development, certain principles define this type of development. Compact urban development means that nonresidential land uses, such as commercial, civic and open space, are mixed with residential land uses. The recently adopted Land Development Code provisions that address development in these areas are different, and subsequently so are the proposed regulations governing this development. For example, the regulations allow the use of floor area calculations, minimal landscape requirements, a mixture of land uses, the ability to submit project specific architectural and landscape standards at the time of Site Development Plan application, and provide for flexible signage and building height regulations. These types of regulations provide for flexibility in design and the ability to adjust to market and design conditions as the project moves through the development phase. It also provides the opportunity for administrative discretion and flexibility when reviewing site plans and plats for purposes of compliance. Although the SRA designation is similar to a PUD rezoning process, the specific criteria required to be evaluated are part of the review process are not defined in the LDC. The conventional compatibility analysis dealing with compatibility is not outlined as specific defined criteria to be evaluated as part of the staff review of the application. The staff review of the application is comprised mainly of evaluation of the proposed town plan for consistency with the regulations in section 2.2.27, the RLSA District Design standards and review of other standards set forth in the document which may exceed or be different from those defined in 2.2.27. The proposed Ave Mafia town plan has been reviewed for consistency with the implementing land development regulations (LDR's). The submitted plan was evaluated for its consistency with the SRA designation design criteria and found generally consistent with the regulations set forth in the LDC, with a minor exception as noted in staff's recommendation attached to this executive summary. 13 MAR 2 3 200q .... Transportation Planning/Operations: The Transportation Planning Department crafted recommendations pursuant to their review of the document. The applicant has agreed to meet the stipulations proposed by the Transportation Planning Department related to the provisions of the Land Development Code as cited and the attached document has been amended to reflect the LDC requirements. The applicant has also agreed to meet the recommendations of the Transportation Operations Department. ENVIRONMENTAL ISSUES: The first level of analysis pursuant to the environmental considerations related to the application actually occurred as a result of the County's adoption of the Growth Management Plan's goals, objectives and policies related to the Eastern Lands. At that point, specific areas within the boundaries known as "the eastern lands" were evaluated and identified as environmentally sensitive areas. Those areas known as Floway Stewardship areas (FSA), Habitat stewardship areas (HSA) and Water Resource Stewardship Areas (RSA) were identified and set aside as areas for future preservation. Other areas within the Eastern Lands were designated as "receiving lands" (eligible for development consideration). However, within these receiving lands may exists "pockets" of environmentally sensitive areas, which would be subject to some environmental controls. In order to develop a Town, Village or Hamlet through the SRA process, the acquisition and "transfer" of 8 stewardship credits per acre is required. Stewardship credits are generated through the SSA (Stewardship Sending Area) process, through which the provisions of the GMP are implemented and "sending" lands identified above are put into conservation. At the SRA level, the GMP contains policies that require that development within the "sending lands" has to be directed away from areas with a Natural Resource Index score of 1.2 or greater. Pursuant to the requirements of the Growth Management Plan, the applicant provided a Natural Resource Index Assessment (NRIA). The NRIA provides an RLSA Overlay Map delineating the area to be designated as an SRA. The NRIA documents the Natural Resource Index Value scores and includes an analysis that quantifies the number of acres by Index Values. The NRIA has been reviewed by staff and was found to demonstrate compliance with the suitability criteria contained in LDC Section 2.2.27.10.A. 1 of the LDC and appropriate provisions of the GMP, specifically policies 4.9, 4.10 and 4.18. ENVIRONMENTAL ADVISORY COUNCIL (EAC) RECOMMENDATION: Not relevant to this petition. The Stewardship Sending Area petition comprehensively addresses the environmental issues. 14 CO!~LIER COUNTY PLANNING COMMISSION RECOMMENDATION (CCPC): The Collier County Planning Commission recommended approval of the subject petition at a meeting held on March 4, 2004, subject to the following stipulations: 1. The applicant must obtain approval of a preliminary development order (PDA) from the Department of Community Affairs (DCA) prior to the issuance of a building permit. 2. The applicant shall remove from the Town Plan any development regulations related to "creative signs." 3. Within the Community General area of the Town Plan, accessory structures shall be limited to a height of 75 feet and communication towers shall be limited to a height of 100 feet. 4. Pursuant to the staff report submitted to the Planning Commission, County Transportation Department staff's comments related to the applicable provisions of the Land Development Code (LDC) shall be incorporated into the Town Plan development regulations. 5. Sheltering and storm refuge for residents shall be addressed at the Development of Regional Impact (DRI) stage of review. 6. The applicant shall submit a more detailed fiscal analysis at the DRI stage of review, specifically to include the development of the University in the fiscal analysis. 7. The requirements for workforce housing shall be addressed at the DRI stage of review. STAFF RECOMMENDATION: Staff has reviewed the amended document, which was submitted after the Planning Commission meeting. Staff notes that the applicant has addressed the concerns of the Zoning Department which were part of the staff report that was reviewed by the Planning Commission. The other Departmental issues have been addressed both through revision to the document and through acknowledgement of the Departmental recommendations during the Planning Commission meeting. Most of staff comments related to Fire, School Board, Historical, Utilities, Parks and Recreation, Solid Waste and Natural Resources will be relevant at the time of DRI application and/or Site Development Plan Review. Staff noted during the review of the revised document submitted to them after the Planning Commission meeting, that provisions of the Land Development Code related to the following requirements were not applicable to this petition: 1 .Requirements for minimum landscaping for vehicular use areas and 2. Buffering and screening between uses. The LDC addresses minimum landscaping requirements for development within the Eastern Lands area of the County. Specific buffering requirements between uses as noted above (specifically LDC sections 2.4.5.1. through 2.4.7.5. ) would not be applicable to this development. Exemptions from these provisions can be simply addressed by modifying the exemption from LDC 2.4 on Page 5 of the Town Plan to specifically reference the cited provisions of the LDC. The provisions of the LDC that address things such as minimum shrub height at the time of planting, would be overridden by the specific provisions of the Town Plan which address those requirements. Staff recommends that the applicant revise page 5 of the Town Plan to request an exemption from LDC sections 2.4.5.1 through 2.4.7.5 By doing this, the following general requirements would remain in effect: landscape and irrigation plan submittals; proper soils; plant location requirements away from utilities; tree and palm staking; and prohibition of exotics, nuisance and noxious plant material. Therefore staff recommends the following additions be made to the Town Plan: 1. Add to Page 5 of the town Plan, an exemption to the provisions of LDC section 2.4.5.1 through 2.4.7.5. 2. Add to the Landscape section of the "Community General" heading, the requirements for root barrier installation at the time of tree installation. PREPARED BY: REVIEWED AND APPROVED BY: ~STRATOR O~l~{.Ji4i4'y-DEv. AND ENVIRONMENTAL SVCS. 16 k!AR 2 3 200 RESOLUTION 2004- A RESOLUTION OF THE COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS DESIGNATING 960 ACRES WITHIN THE RURAL LAND STEWARDSHIP AREA ZONING OVERLAY DISTRICT AS A STEWARDSHIP RECEIVING AREA, APPROVING THE PRELIMINARY STEWARDSHIP RECEIVING AREA CREDIT AGREEMENT FOR AVE MARIA, AND ESTABLISHING THE NUMBER OF STEWARDSHIP CREDITS BEING UTILIZED BY THE DESIGNATION OF THE AVE MARIA STEWARDSHIP RECEIVING AREA WHEREAS, New Town Development LL.L.P., a Florida limited liability limited' partnership ('Applicant") has applied for Stewardship Receiving Area designation pursuant to Section 2.2.27.10 D. of the Collier County Land Development Code ("LDC") for the initial phases of Ave Maria University and the town of Ave Maria (herein jointly referred to as 'Ave Maria SPA"), which is approximately nitre hundred and sixty (960) acres in size; and WHEREAS, the development provided for within Ave Maria SPA will constitute a development of regional impact pursuant to Section 380.06, Florida Statutes; and WHEREAS, Collier County Staff and the Collier County Planning Commission have reviewed the SPA Designation Application ("Application"), along with all support documentation and information required by LDC Section 2.2.2710.E. & F., and determined that the Application is consistent with the Rural l.ands Stewardship Area Zoning Overlay District, and requirements of Section 2.2.27 of the LDC, specifically the suitability criteria of Section 2.2.27.10.A.1 of the LDC; and WHEREAS, Applicant has demonstrated its ownership of the necessary Stewardship Sending Area ,('SSA") Stewardship Credits to be utilized by the Ave Maria SRA by its approved SSA Credit and Easement Agreements for Areas I through 4; and WHEREAS, Applicant seeks to utilize a portion of the Stewardship Credits generated from the Board's designation of BCI/BCP SSAs 1-4, respectively, to entitle designation of the Ave MariaSRA. NOW, THEREFORE, be it resolved by the Board of County Commissioners of Collier County, Florida (the "Board"), that: The Board hereby approves and designates as the Ave Maria SPA the nine hundred and sixty (960) acres described in the legal description attached as Exhibit 2. The Board herebY approves the Preliminary Stewardship Receiving Are~ Credit Agreement, a copy of which is attached hereto as Exhibit requiring Applicant to transfer and assign five thousand and sixty-four (5064) Stewardship Credits to Collier County. 3. The Preliminary Stewardship Receiving Area Credit Agreement itself has attached thereto as exhibits a Master Plan and Land Use Summary which identify the number of units, gross leaseable square footage of retail and office uses, and the other land uses depicted on the Ave Maria Master Plan, all of which are likewise hereby approved. H:~ublic~alrtck\PGWAveMadaU~,SRA clox~SRA RESO 2004 (022504-1325).doc MAR 23 200 t 1 ,,./'7 THIS RESOLUTION ADOPTED this 23rd day of March, 2004, after a Motion, seconded, and majority vote favoring same. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA ATTEST: DWIGHT E. BROCK , Deputy Clerk By: Donna Fiala, Chairman (~a, ffl~ved as to form and ~ga~umoj~cy:. / By: Pa~ck'G. White Assistant County Attorney H:~Public~Patrick~PGWAveMariaU\SRA dox'~SRA RESO 2004 (022504-1325).doc MAR 2 3 200~ Appendix A DESCRIPTION OF PART OF SECTIONS 4, 5, S, 9, 16, AND 17, TOWNSHIP 48 SOUTH, RANGE 29 EAST AND PART OF SECTIONS 31, 32 AND 33, TOWNSHIP 47 SOUTH, RANGE 29 EAST, COI_IER COUNTY, FLORIDA. (S.R~. LANDS) COMMENCING AT THE SOUTHEAST CORNER OF SECTION 17, TOWNSHIP 48 SOUTH, RANGE 29 EAST, COLLIER COUNTY, FLORIDA; THENCE NORTH 01'04' 10" WEST 50.00 FEET TO A POINT ON THE NORTH RIGHT-OF-WAY LINE OF OIL WELL ROAD THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED; THENCE ALONG SAID RIGHT-OF-WAY LINE SOUTH 86.57"06" WEST 152.15 FEET; THENCE LEAVING SAID RIGHT-OF-WAY LINE NORTH 01°07'23- WEST 300.01 FEET; THENCE NORTH 88'5~07- EAST 25.00 FEET; THENCE NORTH 01'O~"23' WEST 828.81 FEET; THENCE 233.80 FEET ALONG THE ARC OF A CIRCULAR CURVE CONCAVE EAST HAVING A RADIUS OF 2,565.00 FEET THROUGH CENTRAL ANGLE OF 05°13~21' AND BEING SUBTENDED BY A CHORD WHICH BEARS NORTH 01°2~17' EAST 233.72 FEET; THENCE NORTH 04°05'59* EAST 217.57 FEET; THENCE 201.69 FEET ALONG THE ARC OF A CIRCULAR CURVE CONCAVE WEST HAVING A RADIUS OF 2,435.00 FEET THROUGH CENTRAL ANGLE OF 04°44'45" AND BEING SUBTENDED BYA CHORD WHICH BEARS NORTH O1°43'37- EAST 201.63 FEET; THENCE NORTH 00~38'~ WEST 3,447.26 FEET; THENCE NORTH 90"0(?00" WEST 88.21 FEET; THENCE NORTH 00*37'28" WEST 68.71 FEET; THENCE SOUTH 83*5(744' WEST 459.34 FEET; THENCE NORTH 14°18'07' EAST 815.51 FEET; THENCE 262.16 FEET ALONG THE ARC OF A NON-TANGENTIAL CIRCULAR CURVE CONCAVE NORTHEAST HAVING A RADIUS OF 1,704.00 FEET THROUGH A CENTRAL ANGLE OF 08°48'54# AND BEING SUBTENDED BY A CHORD WHICH BEARS NORTH 27044'52- WEST 261.90 FEET; THENCE NORTH 23'21~25' WEST 200.98 FEET; THENCE 174.95 FEET ALONG THE ARC OF A CIRCULAR CURVE CONCAVE SOUTHWEST HAVING A RADIUS OF 2,856.00 FEET THROUGH CENTRAL ANGLE OF 03°3~735" AND BEING SUBTENDED BY A CHORD WHICH BEARS NORTH 25005'43' WEST 174.92 FEET; THENCE NORTH 26'51'00' WEST 376.20 FEET; THENCE 408.42 FEET ALONG THE ARC OF A CIRCULAR CURVE CONCAVE SOUTHWEST HAVING A RADIUS OF 942.00 FEET THROUGH CENTRAL ANGLE OF 24°5(~30' AND BEING SUBTENDED BY A CHORD WHICH BEARS NORTH 39°16"15- WEST 405.23 FEET; THENCE NORTH 51°41'30- WEST 198.82 FEET; THENCE 625.00 FEET ALONG THE ARC OF A CIRCULAR CURVE CONCAVE NORTHEAST HAVING A RADIUS OF 944.00 FEET THROUGH CENTRAL ANGLE OF 37°5~04' AND BEING SUBTENDED BY A CHORD WHICH BEARS NORTH 32'43~28' WEST 613.65 FEET; THENCE NORTH 13°45'26. WEST 203.04 FEET; THENCE 450.95 FEET ALONG THE ARC OF A CIRCULAR CURVE CONCAVE SOUTHWEST HAVING A RADIUS OF 656.00 FEET THROUGH CENTRAL ANGLE OF 39'23'12' AND BEING SUBTENDED BY A CHORD WHICH BEARS NORTH 33°2702" WEST 442.13 FEET; THENCE NORTH 53*08'38' WEST 165.44 FEET; THENCE 850.96 FEET ALONG THE ARC OF A CIRCULAR CURVE CONCAVE NORTHEAST HAVING A RADIUS OF 1,134.00 FEET THROUGH CENTRAL ANGLE OF 42*59'42- AND BEING SUBTENDED BY A CHORD WHICH BEARS NORTH 31°38'47- WEST 831.13 FEET; THENCE NORTH 10"08'56. WEST 331.86 FEET; THENCE NORTH 79'44'18" WEST 326.16 FEET; THENCE NORTH 70°06"21" WEST 478.54 FEET; THENCE NORTH 76'5~51' WEST 752.14 FEET; THENCE NORTH 73'5~33' WEST 22.49 FEET; THENCE NORTH 11°21'52- EAST 53.64 FEET; THENCE NORTH 06.58'17" WEST 43.67 FEET; THENCE NORTH 60021:746- EAST 94.06 FEET; THENCE NORTH 14°4~46. EAST 42.02 FEE-r; THENCE NORTH 52'22'08' EAST 29.10 FEET; THENCE NORTH 05'13'18' EAST 37.01 FEET; THENCE NORTH 07'13'16' WEST 185.10 FEET; MAR 2 3 2004 Appendices Town Plan ] AVE MARIA Page 1 15 THENCE NORTH 08°55'50- WEST 66.36 FEET; THENCE NORTH 08°35'26- WEST 70.11 FEET; THENCE NORTH 03°3~28' EAST 24.24 FEET; THENCE NORTH 09~2~28' EAST 32.62 FEET; THENCE NORTH 32°0~11' EAST 61.35 FEET; THENCE NORTH 41°5~52~ EAST 54.16 FEET; THENCE NORTH 46~38'59' EAST 44.15 FEET; THENCE NORTH 40~1~34' EAST 80.40 FEET; THENCE NORTH 39~3lY46' EAST 42.43 FEET; THENCE NORTH 52~0r39' EAST 71.16 FEET; THENCE NORTH 60~17"11· EAST 56.95 FEET; THENCE NORTH 68043'34- EAST 6302 FEET; THENCE NORTH 86~12'19' EAST 41.51 FEET; THENCE SOUTH 75°3Z58' EAST 74.98 FEET; THENCE NORTH 78°55'50- EAST 42.97 FEET; THENCE NORTH 69~31'07~ EAST 36.80 FEET; THENCE NORTH 75°31r2~ EAST 34.34 FEET; THENCE SOUTH 72~08°39' EAST 57.43 FEET; THENCE SOUTH 56~5~50" EAST 70.22 FEET: THENCE SOUTH 56~5~18' EAST 99.31 FEET! THENCE SOUTH 70~35'59- EAST 56.76 FEET; THENCE SOUTH 85°1:Z15' EAST 70.23 FEET; THENCE NORTH 85°47'37· EAST 52.90 FEET; THENCE NORTH 77~1~18' EAST 51.33 FEET; THENCE NORTH 64~2ff23' EAST 9.49 FEET; THENCE NORTH 23°5t~25' EAST 60.47 FEET; THENCE NORTH 39~2~42' EAST 136.05 FEET; THENCE NORTH 18°1~03' EAST 123.70 FEET; THENCE NORTH 16°2~30" WEST 137.54 FEET; THENCE NORTH 45°55'34- WEST 133.51 FEET; THENCE NORTH 84°43'21- WEST 101.26 FEET; THENCE SOUTH 87°06"33" WEST 375.05 FEET; THENCE SOUTH 86~31'55" WEST 296.36 FEET; THENCE NORTH 02~2~11' WEST 3,104.72 FEET; THENCE NORTH 76~23'06' WEST 610.78 FEET; THENCE NORTH 31°01'0~ EAST 504.09 FEET; THENCE NORTH 02~2~11' WEST 1,017.09 FEET; THENCE NORTH 87~3(Y4~ EAST 308.56 FEET; THENCE NORTH 02°2~11" WEST 304.14 FEET; TH .ENCE SOUTH 87~30'49' WEST 1,366.76 FEET; THENCE NORTH 02°2~11' WEST 1,235.57 FEET; THENCE SOUTH 87°3ff49' WEST 128.48 FEET; THENCE 56.19 FEET ALONG THE ARC OF A CIRCULAR CURVE CONCAVE NORTH, HAVING A RADIUS OF 359.94 FEET THROUGH A CENTRAL ANGLE OF 08°56'38', SUBTENDED BY A CHORD WHICH BEARS SOUTH 89°2~57' WEST, 56.13 FEET; THENCE 290.41 FEET ALONG THE ARC OF A CIRCULAR CURVE CONCAVE SOUTH, HAVING A RADIUS OF 1,317.54 FEET THROUGH A CENTRAL ANGLE OF 12~37"44' SUE~TENDED BY A CHORD WHICH BEARS SOUTH 87~39"25· WEST 289.82 FEET TO A POINT OF REVERSE CURVATURE; THENCE 63.22 FEET ALONG THE ARC OF A CIRCULAR CURVE CONCAVE NORTH, HAVING A RADIUS OF 545.85 FEET THROUGH A CENTRAL ANGLE OF 06o38'08" SUBTENDED BY A CHORD WHICH BEARS SOUTH 84°3~37' WEST 63.18 FEET TO A POINT OF REVERSE CURVATURE; THENCE 51.02 FEET ALONG THE ARC OF A CIRCULAR CURVE CONCAVE SOUTHEAST, HAVING A RADIUS OF 30.00 FEET THROUGH A CENTRAL ANGLE OF 97~26~)6" SUBTENDED BY A CHORD WHICH BEARS SOUTH 39~15'38" WEST 45.09 FEET; THENCE 301.67 FEET ALONG THE ARC OF A NON-TANGENTIAL CIRCULAR CURVE CONCAVE WEST HAVING A RADIUS OF 1~27.89 FEET THROUGH A CENTRAL ANGLE OF 14°04'35' AND BEING SUBTENDED BY A CHORD WHICH BEARS SOUTH 02°4Z13" EAST 300.91 FEET; THENCE 124.12 FEET ALONG THE ARC OF A NON-TANGENTIAL CIRCULAR CURVE CONCAVE EAST HAVING A RADIUS Of:: 499.46 FEET THROUGH A CENTRAL ANGLE OF 14°14'20- AND BEING SUBTENDED BY A CHORD WHICH BEARS SOUTH 02°47'0~ EAST 123.80 FEET; THENCE SOUTH 89°59~32' WEST 328.87 FEET; AGENDA ITEM 1 AVE MARIA Appendices Town Plan Page 1 16 THENCE 119.31 FEET ALONG THE ARC OF A NON-TANGENTIAL CIRCULAR CURVE CONCAVE SOUTHEAST HAVING A RADIUS OF 79.84 FEET THRC~JGH A CENTRAL ANGLE OF 85~J6"53" AND BEING SUBTENDED BY A CHORD WHICH BEARS SOUTH 44°5~63' WEST 108.51 FEET; THENCE SOUTH 00~0(714' WEST 477.81 FEET; THENCE 157.68 FEET ALONG THE ARC OFA NON-TANGENTIAL CIRCULAR CURVE CONCAVE NORTH HAVING A RADIUS OF 1,148.59 FEET THROUGH A CENTRAL ANGLE OF 07~51'57' AND BEING SUBTENDED BY A CHORD WHICH BEARS NORTH 89~02'10' WEST 157.56 FEET TO A POINT OF REVERSE CURVATURE; THENCE 39.32 FEET ALONG THE ARC OF A CIRCULAR CURVE CONCAVE SOUTH, HAVING A RADIUS OF 374.58 FEET THROUGH A CENTRAL ANGLE OF 06*0ff54' SUBTENDED BYA CHORD WHICH BEARS NORTH 88°06~9· WEST 39.31 FEET TO A POINT OF REVERSE CURVATURE; THENCE 43.80 FEET ALONG THE ARC OF A CIRCULAR CURVE CONCAVE NORTH, HAVING A RADIUS OF 110.00 FEET THROUGH A CENTRAL ANGLE OF 22~48'48' SUBTENDED BY A CHORD WHICH BEARS NORTH 79-42'42' WEST 43.51 FEET; THENCE NORTH 68~18'18' WEST 231.88 FI~T; THENCE NORTH 32~23'59~ EAST 24.06 FEET; THENCE 334.86 FEET ALONG THE ARC OF A NC~kTANGENTIAL CIRCULAR CURVE CONCAVE VVEST HAVING A RADIUS OF 272.47 FEET THROUGH A CENTRAL ANGLE OF 70~24'53' AND BEING SUBTENDED BYA CHORD WHICH BEARS NORTH 06~25~1' VVEST 314.18 FEET; THENCE NORTH 41°37~27' WEST 133.20 FEET; THENCE 184.59 FEET ALONG THE ARC OF A CIRCULAR CURVE CONCAVE SOUTHWEST HAVING A RADIUS OF 573.31 FEET THROUGH CENTRAL ANGLE OF 18°2~51' AND BI=lNG SUBTENDED BY A CHORD VVHICH BEARS NORTH 50~5(Y52' WEST 183.79 FEET; THENCE NORTH 60~04'18' WEST 149.31 FEET; THENCE 44.35 FEET ALONG THE ARC OF A CIRCULAR CURVE CC)NC_~VE EAST HAVING A RADIUS OF 30.00 FEET THROUGH CENTRAL ANGLE Of= 84°41'37" AND BEING SUBTENDED BYA CHORD WHICH BEARS NORTH 17043'29' WEST 40.42 FEET; THENCE NORTH 24°37'19- EAST 671.68 FEET; THENCE NORTH 87030'49- EAST 2,189.29 FEET; THENCE 624.77 FEET ALONG THE ARC OF A CIRCULAR CURVE CONCAVE NORTHWEST HAVING A RADIUS OF 845.00 FEET THROUGH CENTRAL ANGLE OF 42~21'46~ AND BEING SUBTENDED BY A CHORD WHICH BEARS NORTH 66~19'56" EAST 610.63 FEET; THENCE NORTH 45°09'03" EAST 893.05 FEET; THENCE 1,931.65 FEET ALONG THE ARC OF A NON-TANGENTIAL CIRCULAR CURVE CONCAVE SOUTHWEST HAVING A RADIUS OF 3,854.60 FEET THROUGH A CENTRAL ANGLE OF 28°42.45" AND BEING SUBTENDED BYA CHORD WHICH BEARS SOUTH 39-44'44' EAST 1,911.50 FEET; THENCE NORTH 8703~45' EAST 512.97 FEET; THENCE 835.82 FEET ALONG THE ARC OF A CIRCULAR CURVE CONCAVE NORTHWEST HAVING A RADIUS OF 786.05 FEET THROUGH CENTRAL ANGLE OF 60°55'24- AND BEING SUBTENDED BY A CHORD WHICH BEARS NORTH 57003'03' EAST 796.99 FEET; THENCE NORTH 26~35'21' EAST 87.01 FEET; THENCE SOUTH 64°51~8' EAST 267.96 FEET; THENCE SOUTH 25°08"32" WEST 521.00 FEET; THENCE SOUTH 64°51~8' EAST 1,0C:>8.09 FEET; THENCE NORTH 87°3(~49' EAST 99.09 FEET; THENCE NORTH 76~2~09' EAST 343.38 FEET; THENCE SOUTH 13°33~1' EAST 645.07 FEET; THENCE NORTH 76~2~09' EAST 828.93 FEET; THENCE SOUTH 02~2~11" EAST 1,541.28 FEET; THENCE SOUTH 58°28'52' EAST 1,091.94 FEET; THENCE SOUTH 72°24~5' EAST 123.57 FEET; THENCE SOUTH 00°50'18" EAST 2,778.59 FEET; THENCE NORTH 65°5ff45" WEST 1,440.28 FEET; THENCE NORTH 68°25'29- WEST 1,163.95 FEET; THENCE SOUTH 01°08~8' EAST 478.62 FEET; THENCE SOUTH 0800'2'24- EAST 248.97 FEET; THENCE SOUTH 11°45'27- EAST 99.84 FEET; THENCE SOUTH 64°37'57' WEST 532.09 FEET; THENCE NORTH 69-57'30" WEST 320.60 FEET; THENCE NORTH 72°10'52' WEST 149.13 FEET; THENCE SOUTH 87032'49- WEST 120.64 FEET; THENCE SOUTH 75°4~19- WEST 113.40 FEET; THENCE SOUTH 76°54'37- WEST 137.53 FEET; Appendices Town Plan AVE MARIA Page 117 ~-,CTIO~iS4, $, 8, 9, I~o A.-~'D I'"/,TOVZ~48 SOtTTH, RA~OE 29EAST (S~R. ,~ [,A~) THENCE SOUTH 78°04'44" WEST 137,61 FEET; THENCE SOUTH 85°59~1" WE~T 147.36 FEET; THENCE SOUTH 87~1~51" WEST 78.27 FEET; THENCE SOUTH 79~3~25' WEST 91.52 FEET; THENCE SOUTH 73°47~26' WEST 121.85 FEET; THENCE NORTH 70~11'35" WEST 56.27 FEET; THENCE NORTH 44°01'39- WEST 41.89 FEET; THENCE NORTH 37~14'40' WEST 109.33 FEET; THENCE NORTH 32~15'20" WEST 109.79 FEET; THENCE NORTH 24°04'55- WEST 113.34 FEET; THENCE NORTH 11°44'07- WEST 98.88 FEET; THENCE NORTH 05°2~50' WEST 73.74 FEET; THENCE NORTH 00~3~16' WEST 115.82 FEET; THENCE NORTH 26-1[~34' WEST 22.24 FEET; THENCE NORTH 76~35'34' WEST 126.09 FEET; THENCE NORTH 79°3~00' WEST 108.03 FEET THENCE SOUTH 28°45'11" WEST 137.49 FEET; THENCE SOUTH 17~40~' WEST 176.68 FEET; THENCE SOUTH 04°3~56' WEST 145,63 FEET; THENCE SOUTH 02~41~36' WEST 138.35 FEET; THENCE SOUTH O8°5~39' WEST 128.97 FEET; THENCE SOUTH 06-08'58' WEST 179.87 FEET; THENCE SOUTH 05°1707- EAST 87.75 FEET; THENCE SOUTH 0'Z'40~9' WEST 147.05 FEET; THENCE SOUTH 01°54~4' WEST 161.29 FEET; THENCE SOUTH 77~5Z29' EAST 3.04 FEET; THENCE SOIJTH 74°35'45" EAST 51.77 FEET; THENCE SOUTH 70°01'38- EAST 58.92 FEET; THENCE SOUTH 69°0~31" EAST 47.50 FEET; THENCE SOUTH 71°1Z32' EAST 33.37 FEET; THENCE SOUTH 73°24'49" EAST 89.77 FEET; THENCE SOUTH 73°01'38' EAST 34.47 FEET; THENCE SOUTH 74032'23- EAST 112.54 FEET; THENCE SOUTH 72~17'26" EAST 62.46 FEET; THENCE SOUTH 71°01'40- EAST 3426 FEET; THENCE SOUTH 02~2~11" EAST 709.84 FEET; THENCE NORTH 75°51756' WEST 444.27 FEET; THENCE SOUTH 08°23'55" EAST 37.78 FEET; THENCE SOUTH 42°5(Y19" WEST 13.27 FEET; THENCE NORTH 77~1733" VVEST 620 FEET; THENCE SOUTH 55°37'11 "WEST 24.49 FEET; THENCE SOUTH 45°00'00" WEST 16.48 FEET; THENCE SOUTH 59°3:~04" EAST 10.45 FEET; THENCE SOUTH 53°0749' EAST 8.74 FEET; THENCE 167.63 FEET ALONG THE ARC OF A NON-TANGENTIAL CIRCULAR CURVE CONCAVE EAST HAVING A RADIUS OF 4,890.00 FEET THROUGH A CENTRAL ANGLE OF 01°57'51' AND BEING SUBTENDED BY A CHORD WHICH BEARS SOUTH 09°1(~01" EAST 167.62 FEET; THENCE SOUTH 10~08'5~ EAST 95.49 FEET; THENCE NORTH 79~51'04· EAST 10.00 FEET; THENCE SCXJTH 10~08'56- EAST 164.38 FEET; THENCE NORTH 79~51~14" EAST 7.00 FEET; THENCE SOUTH 10008'56- EAST 200.00 FEET; THENCE SOUTH 79~5194" WEST 7.00 FEET; THENCE SOUTH 10~08'56' EAST 322.27 FEET' THENCE 550.79 FEET ALONG THE ARC Ot= A ~IRCULAR CURVE CONCAVE N 880.00 FEET THROUGH CENTRAL ANGLE OF 35°51'41- AND BFING SUBTEND SOUTH 28~04'46' EAST 541.84 FEET; :N~THFA.~F ~A~/~,~ .... IUS OF THENCE SOUTH 02058~ WEST 43.29 FEET; THENCE SOUTH 59~31'47· EAST 485.37 FEET; THENCE SOUTH 36-48~)5" EAST 170,26 FEET; THENCE SOUTH 18°05'46- EAST 197.68 FEET; THENCE SOUTH 04°45~8' EAST 334.16 FEET; MAR 2 3 2004 Appendices Town Plan AVE MARIA Page 1 18 THENCE SOUTH 37~35'44" EA~F 190.78 FEET; THENCE SOUTH 4~°41~0' EAST 208.36 FEET; THENCE SOUTH 49057'47- EAST 140.57 FEET; THENCE SOUTH 52~11'11' EAST 138.06 FEET; THENCE SOUTH 33°1ffl 1' EAST 169.53 FEET; THENCE SOUTH :26~51~)0' EAST 604.84 FEET; THENCE SOUTH 26~43'42' EAST 352.42 FEET; THENCE SOUTH 19~5~25' EAST 242.07 FEET; THENCE SOUTH 36°55~)6' EAST 207.95 FEET; THENCE ~LrTH 37°29~4' EAST 217.89 FEET; THENCE SOUTH 29=4757- EAST 101.25 FEET; THENCE SOUTH 14°4~59- EAST 83.29 FEET; THENCE 348.39 FEET ALONG THE ARC OF A NON-TANGENTIAL CIRCULAR CURVE CONCAVE WEST HAVING A RADIUS OF 723.88 FEET THROUGH A CENTRAL ANGLE OF 27034'32- AND BEJNG SUBTENDED BY A CHORD WHICH BEARS SOUTH 15°55'37- EAST 345.04 FEET; THENCE NORTH 90°0(70' EAST 100.38 FEET; THENCE 103.20 FEET ALONG THE ARC OF A NO. TANGENTIAL CIRCULAR CURVE CONCAVE WEST HAVING A RADIUS OF 1,415.00 FEET THROUGH A CENTRAL ANGLE OF 04°1ff43' AND BEING SUBTENDED BY A CHORD WHICH BEARS SOUTH 02°4Z50' EAST 103.17 FEET; THENCE SOUTH 00°3T28' EAST 84.33 FEET; THENCE NORTH gO°O0'O0'' WEST 71.80 FEE-T; THENCE SOUTH 00°38'46- EAST 3,444,22 FEET; THENCE 224.06 FEET ALONG THE ARC OF A CIRCULAR CURVE CONCAVE WEST HAVING A RADIUS OF 2,705.00 FEET THROUGH CENTRAL ANGLE OF 04°44'45- AND BEING SUBTENDED BY A CHORD WHICH BEARS ~OUTH 01°43'36- WEST 223.99 FEET; THENCE SOUTH 04°05'59- WEST 217.57 FEET; THENCE 153.39 FEET ALONG THE ARC OF A CIRCULAR CURVE CONCAVE EAST HAVING A RADIUS OF 2,295.00 FEET THROUGH CENTRAL ANGLE OF 03°4~46' AND BEING SUBTENDED BY A CHORD VVHICH BEARS ~OLITH 02°11'06" WEST 153.36 FEET; THENCE SOUTH 06~34'56" EAST 1,190.33 FEET TO THE NORTH RIGHT~::)F-WAY LINE OF OIL WELL ROAD; THENCE ALONG SAID RIGHT-OF-WAY LINE SOUTH 8~°54'34' WEST 256.78 FEET TO THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED. CONTAINING 959.61 ACRES, MORE OR LESS. SUBJECT TO EASEMENTS AND RESTRICTI~S OF RECORD BEARINGS ARE BASED ON THE SOUTH LINE OF SECTION 17, TOWNSHIP 48 SOUTH, RANGE 29 EAST, COLLIER COUNTY, FLORIDA BFING SOUTH 88°57~6' WEST. W1LSONMILLER, INC. REGISTERED ENGINEERS AND LAND SURVEYORS CERTIFICATE OF AUTHORIZATION ~LB-43. BY: 7+03 BRADLEY E. STOCKHAM, P.S.M. ~390 DATE NOT VALID UNLESS EMBOSSED WITH THE PROFESSIONAL'S SEAL. REF. 2H-48 W.O.: 0378~001~:)0(~MABS2 DATF: 7/9/03 A~,~.NI3A IT~.M I HAR 23 200zt I Appendices Town Plan AVE MARIA Page 1 19 AVE MARIA PRELIMINARY STEWARDSHIP RECEIVING AREA CREDIT AGREEMENT THIS AVE MARIA PRELIMINARY STEWARDSHIP RECEIVING AREA CREDIT AGREEMENT (hereinafter referred to as the "Agreement") is made and entered this day of , 2004, by and between COLLIER COUNTY, a political subdivision of the State of Florida, hereinafter referred to as "County" whose mailing address is the Harmon Turner Building, 3301 East Tamiami Trail, Naples, Florida 34112, and New Town Development, LLLP, a Florida Limited Liability Limited Partnership, hereinafter referred to as" New Town", who mailing 'address is 2600 Golden Gate Parkway, Naples, Florida 34105, for the purpose of designating the number of Stewardship Sending Area (SSA) Credits transferred in exchange for the designation of that development described below and hereinafter referred to as "Ave Maria" as a Stewardship Receiving Area, specifying the source of those SSA credits. RECITALS New Town has applied for Stewardship Receiving Area ("SPA") designation for Ave Maria, which includes the initial phases of Ave Maria University and the Town of Ave Maria, jointly referred to as "Ave Maria", which is approximately 960 acres in size. The County has reviewed the SPA Designation Application, along with all support documentation and information required by Section 2.2.27 of the. Collier County Land Development Code (LDC) and determined that SPA designation for Ave Maria is appropriate. The County and New Town have reached agreement on the number of Stewardship Sending Area Credits ("StewardshiP Credits") required to be utilized for such designation. The County and New ToWn agree that this Preliminary SPA Credit Agreement is in compliance with and fully meets the requirements of the Collier County Growth Management Plan and LDC in effect as of the date of this Agreement. NOW THEREFORE in consideration of the above premises and the expenditure of credits and authorizations granted hereby and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: New Town is hereby transferring 5064 Stewardship Credits which shall be applied to the SPA land described in Exhibit "A" in order to carry out the plan of development on the 960 acres proposed in ti' Development Document and summarized hereinafter. Exki b,'+ 1"5 MAR 2 3 200 , L o Exhibit "A" is the legal description of the 960 acres that constitute the Ave Maria SRA. Pursuant to LDC Section 2.2.27.10.C.6, an SRA designation may be submitted prior to a Development of Regional Impact Application for Development Approval, in conjunction with a Preliminary Development Agreement application. That process was followed here, and the County has been requested to enter into this Preliminary SRA Credit Agreement pursuant to LDC Section 2.2.27.10.D.11 establishing those Stewardship Credits needed in order to develop the Preliminary Development Agreement authorized development. Attached hereto is Exhibit "B", the Ave Maria Master Plan, which depicts the land uses within the SRA. Also attached as Exhibit "C" is the Ave Maria Land Use Summary which identifies the number of residential dwelling units, gross leasable square footage of retail and office uses, and the other land uses depicted on the Ave Maria Master Plan. Pursuant to LDC Section 2.2.27.10.B.2., the designation of an SRA requires eight Stewardship Credits to be transferred to an SRA in exchange for the development of one acre of land within Ave Maria. New Town is transferring enough Stewardship Credits to allow development on 633 acres, although there are less than 633 acres within Ave Maria that require the transfer of Credits, since the open space within the Town of Ave Maria exceeds 35% and the designation of Ave Maria University does not consume Credits. This excess open space may be designated for development in the subsequent Development of Regional Impact or may be utilized as part of the required open space for said Development of Regional Impact. However, once the 5064 credits are transferred, they may not be recaptured by New Town. New Town will be utilizing credits generated from SSA Application Number AR-4359, which is designating Stewardship Sending Areas 1 - 4 respectively and which is expected to generate 7883.6 SSA Stewardship Credits. Pursuant to Resolution 2004 - , approved on March 23, 2004, the County has approved Ave Maria as an SPA consisting of 960 acres and has approved the Ave Maria Master Plan and Development Document. New Town, as applicant, acknowledges that development of SRA land may not commence until the applicant has recorded an SPA Credit Agreement Memorandum with the Collier County Clerk of Courts. This Agreement may only be amended by written agreeme~ NAR 2 3 200~ parties hereto. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their duly authorized officers or representative and their official seals hereto affixed the day and year first written above. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA DWIGHT E. BROCK, CLERK By: DONNA FIALA, CHAIRMAN APPROVED AS TO FORM AND CY: By: Patrick G. White Assistant County Attorney WITNESSES: NEW TOWN DEVELOPMENT, LLLP., A Florida Limited Liability Limited Partnership (Signature) (Print full name) By: Its: (Signature) (Print full name) STATE OF COUNTY OF The foregoing Preliminary Stewardship Receiving Area Credit Agreement was executed before me this day of ,2004, by , as of New Town Development, LLLP, LTD. Notary Public HAR23200~ ! Exhibit "A" Exhibit "B" Exhibit "C" Name Certificate No. My Commission expires LIST OF EXHIBITS Preliminary Stewardship Receiving Area Credit Agreement SPA Land Legal Description Ave Maria Master Plan Land Uses within the SPA Ave Maria Land Use Summary HAR 2 3 200~ AGENDA ITEM 8-C STAFF REPORT COLLIER COUNTY PLANNING COMMISSION FROM: DEPARTMENT OF ZONING & LAND DEVELOPMENT REVIEW COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DATE: FEBRUARY 23, 2004 PETITION NO: SRA-2003-AR-4578 AVE MARIA STEWARDSHIP RECEIVING AREA (SRA) OWNER/AGENT: Agent: New Town Development, LLLP Katie Sproul or Blake Gable 2600 Golden Gate Parkway Naples, FL 34105 Owner: Barron Collier Investments, Ltd. (BCI) and Barron Collier Partnership (BCP) 2600 Golden Gate Parkway Naples, FL 34105 REQUESTED ACTION: To have the Collier County Planning Commission consider an application for a Stewardship Receiving Area (SRA) designation for the subject property pursuant to the regulations of the Rural Lands Stewardship Area (RLSA) Zoning Overlay District, Section 2.2.27. of the Collier.County Land Development Code. This application involves the designation of approximately 960 acres as the initial phase of the Ave Maria Town Plan. The Ave Maria Town Plan consists of the deveIopment of a town and a major new Catholic University. GEOGRAPHIC LOCATION: The property is located north of Oil Well Road and east of Camp Keais Road as part of Section 4,5,8, 9,16 and 17, Township 48 South, Range 29 East and part of Section 31, 32 and 33, township 47 South, Range 29 East, Collier County Florida. (See location map following page). ~ 2 3 200t~ · R.- 29 D~EC~N~ fv~o $o BROWARO COUNTY S.R.- 29 S 0c~ J. I S 6t, I ~E~ COUrtlY H~N~I~Y COUN '1~1' mm f PURPOSE/DESCRIPTION OF PROJECT: The initial phase of the Ave Maria project, which is the subject of this SRA designation application, consists of 960 acres, 327 +/o of which are dedicated to the University and 633 acres to the Town. The initial phase of Ave Maria University will support 1,200 students, and contains academic and administration buildings, student and administration housing, recreation, sports, support facilities and utilities sites. The initial phase of the Town will contain a maximum of 950 dwelling units, located in shared-use buildings in the Town Core and Town Center, and in a mix of residential unit types in the Town Center and Neighborhood General areas. Uses that provide the mix of services to, and are supportive of the residents and students will be located in the Town Core and Town Center. The Town Core and Center will provide a maximum of 90,000 gross square fee of leaseable retail space, 35,000 gross square feet of leaseable office space, 15,000 gross square feet of civic type of uses and a 110-room hotel. Additionally, the initial phase of Ave Maria will contain a private K-8 school, parks and other open space uses. There is one access point proposed for the project, that being from Oil Well Road. The development standards proposed for the project are predicated on the principles of traditional neighborhood design and sustainability. The design of the town and the mix of land uses will enable residents and students to live, work and recreate within the University town environment, much of which will be accessible by a 5 to 10 minute walking distance. Town streets are connected in a system of blocks. Streets with low-speed geometry and the presence of sidewalks characterize the transportation network. The university also includes an extensive pedestrian system network, thus minimizing the need for motorized transportation. SURROUNDING LAND USE AND ZONING: Surrounding: North -Agricultural and/or vacant land - RI_~A Overlay District East - Agricultural and/or vacant land - RLSA Overlay District South -Agricultural and/or vacant land - RLSA Overlay District West- Agricultural and/or vacant land - RLSA Overlay District GROWTH MANAGEMENT PLAN CONSISTENCY: The subject property is designated Agricultural/Rural (Agricultural/Rural Mixed Use District, Rural Lands Stewardship Area Overlay). Relevant to this Overlay, the plan.ning strategies and techniques include urban villages, new towns, satellite communities, area-based allocations clustering and open space provisions, and mixed-use development that allow the conversion of rural and agricultural lands to other uses while protecting environmentally sensitive areas, maintaining the economic viability of agricultural and other predominantly rural land uses, and providing for the cost-efficient delivery of public facilities and services. Specifically, the Overlay allows development in the form of a Town, Village, Hamlet or Compact Rural Development, subject to certain criteria and development parameters, as a Stewardship Receiving Area, and allows "public benefit uses" such as a post secondary institution. The Village must meet the Collier County RSLA (Rural Lands Stewardship Area) Overlay Stewardship Receiving Area Characteristics as identified in the table below. The table lists allowable land uses and threshold requirements from the RLSA Overlay, Attachment C, followed by staff comment/analysis. After the table, the relevant RLSA Overlay Policies (Group 4 Pz,'2c:-~' A__ ,:~._.,, followed by st aff comment/analysis. . [ '~iSA~. I AR 2 3 200 Pg- 3~) Size (Gross Acres) 100-1000 acres. The SRA is 960 acres. Residential Units (DUs) per 1-4 DUs per gross acre. gross acre base density 950 DU/ 960 acres =IDU/A. Residential Housing Styles Diversity of single family and multi-family housing types, styles, lot sizes Provided for in Tab 6, page 62. Maximum Floor Area Ratio Retail & Office - .5 or Intensity Civic/Governmental/InstitutiOn - .6 Group Housing - .45 Transient Lodging - 26 upa net. Provided for in Tab 6, page 9-11, 24, 46. Goods & Services Village Center with Neighborhood Goods and Services in Village Centers: Minimum 25 SF gross building area per Du Provided for in Tab 6, page 46 & 62; calculations can be determined from data in Appendix C (950 DUs x 25 s.f./rDU = 23, 750 s.f. required; 125,000 s.f. of retail & office provided). Water and Wastewater Centralized or decentralized community treatment system; Interim Well and Septic. Provided for in Tab 4, Impact Assessment Report. Recreation and Open Spaces Parks & Public Green Spaces w/n Neighborhoods (minimum 1% of gross acres) Active Recreation/Golf Course Lakes Open Space Minimum 35% of SRA. Total Open Space provided for in Tab 6, page 109, Figure 2, Open Space Calculations (Ave Maria Town: 261 acs. Open Space/Lakes = 41%; Ave Maria University: 212 acs. Open Space/Lakes = 65%; calculations can be determined from data in Appendix C. Civic, Governmental and Moderate Range of Services-minimum 10 SF/DU; Institutional Services Full Range of Schools Provided for in Tab 6, Ave Maria Town Plan; calculations can be determined from data in Appendix C (950 DUs x 10 s.f./DU = 9,500 s.f. required; 15,000 s.f. of civic uses provided). Transportation Auto-interconnected system of collector and local roads; required connection to collector or arterial; Interconnected sidewalk and pathway system; Equestrian Trails County Transit Access. Provided for in Tab 6, pages 93-99, & Tab 4, pages 16-22, and Land Use Master Plan, page 6; SRA connects to CR-858, a collector road as identified in the Transportation Element. -- MAR 2 3 200/ 3 Group 4 - Policies to enable conversion of rural lands to other uses in appropriate locations, while discouraging urban sprawl, and encouraging development that utilizes creative land use planning techniques by the establishment of Stewardship Receiving Areas. Policy 4.1 Collier County will encourage and facilitate uses that enable economic prosperity and diversification of the economic base of the RLSA. Collier County will also encourage development that utilizes creative land use planning techniques and facilitates a compact form of development to accommodate population growth by the establishment of Stewardship Receiving Areas (SRAs). Incentives to encourage and support the diversification and vitality of the rural economy such as flexible development regulations, expedited permitting review, and targeted capital improvements shall be incorporated into the LDC Stewardship District. The subject petition is for an SRA. Policy 4.2 All privately owned lands within the RLSA which meet the criteria set forth herein are eligible for designation as a SRA, except land delineated as a FSA, HSA, WRA or land that has been designated as a Stewardship Sending Area. Land proposed for SRA designation shall meet the suitability criteria and other standards described in Group 4 Policies. Due to the long-term vision of the RLSA Overlay, extending to a horizon year of 2025, and in accordance with the guidelines established in Chapter 163.3177(11) F.S., the specific location, size and composition of each SRA cannot and need not be predetermined in the GMP. In the RLSA Overlay, lands that are eligible to be designated as SRAs generally have similar physical attributes as they consist predominate!y of agriculture lands which have been cleared or otherwise altered for this purpose. Lands shown on the Overlay Map as eligible for SRA designation include approximately 74,500 acres outside of the ACSC (and 18,300 acres within the ACSC. Approximately 2 percent of these lands achieve an Index score greater than 1.2. Because the Overlay requires SRAs to be compact, mixed-use and self sufficient in the provision of services, facilities and infrastructure, traditional locational standards normally applied to determine development suitability are not relevant or applicable to SRAs. Therefore the process for designating a SRA follows the principles of the Rural Lands Stewardship Act as further described herein. The subject site is designated on the Over/ay Map as eligible for SRA designation. Policy 4.3 Land becomes designated as a SRA upon petition by a property owner to Collier County seeking such designation and the adoption of a resolution by the BCC granting the designation. The petition shall include a SRA master plan as described in Policy 4.5. The basis for approval shall be a finding of consistency with the policies of the Overlay, including required suitability criteria set forth herein, compliance with the LDC Stewardship District, and assurance that the applicant has acquired or will acquire sufficient Stewardship Credits to implement the SRA uses. Within one year from the effective date of this amendment, Collier County shall adopt LDC amendments to establish the procedures and submittal requirements for designation as a SRA, to include provisions for consideration of iml~acts, environmental and public infrastructure impacts, and provisions for public notil:e~ o~d the _ ~ opportunity for public participation in any consideration by the BCC of such a Itesignation. JI~AR 2 3 The property owner has submitted the required SRA application along with a SPA Master Plan as described in Policy 4.5. There is currently an SSA application pending for 7,842.5 Stewardship Credits; this project will require 5,064 credits. (Provided for in Tab 2). Policy 4.4 Collier County will update the Overlay Map to delineate the boundaries of each approved SRA. Such updates shall not require an amendment to the Growth Management Plan, but shall be retroactively incorporated into the adopted Overlay Map during the EAR based amendment process when it periodically occurs. N/A to applicant. Policy 4.5 To address the specifics of each SRA, a master plan of each SRA will be prepared and submitted to Collier County as a part of the petition for designation as a SRA. The master plan will demonstrate that the SRA complies with all applicable policies of the Overlay and the LDC Stewardship District and is designed so that incompatible land uses are directed away from wetlands and critical habitat identified as FSAs and HSAs on the Overlay Map. The applicant has submitted a master plan with their petition (Tab 6, Ave Maria Town Plan, Land Use Master Plan, page 6.) Compliance with applicable policies of the Overlay is addressed in this memo. Compliance with the LDC requirements is to be reviewed and determined by the Zoning and Land Development Review Department. Policy 4.6 SRA characteristics shall be based upon innovative planning and development strategies referenced in Chapter 163.3177 (11), F.S. and 9J-5.006(5)(1). These planning strategies and techniques include urban villages, new towns, satellite communities, area-based allocations, clustering and open space provisions, and mixed-use development that allow the conversion of rural and agricultural lands to other uses while protecting environmentally sensitive areas, maintaining the economic viability of agricultural and other predominantly rural land uses, and providing for the cost-efficient delivery of public facilities and services. Such development strategies are recognized as methods of discouraging urban sprawl. This application is being reviewed under the Village criteria. Policy 4.7 There are four specific forms of SRA permitted within the Overlay. These are Towns, Villages, Hamlets, and Compact Rural Development (CRD). The Characteristics of Towns, Villages, Hamlets, and CRD are set forth in Attachment C and are generally described in Policies 4.7.1, 4.7.2, 4.7.3 and 4.7.4. Collier County shall establish more specific regulations, guidelines and standards within the LDC Stewardship District to guide the design and development of SRAs to include innovative planning and development strategies as set forth in Chapter 163.3177 (11), F.S. and 0J-5.006(5)(1). The size and base density of each form shall be consistent with the standards set forth on Attachment C. The maximum base residential density as set forth in Attachment C may only be exceeded througt :.~.z ~r;_t'u ...... blending process as set forth in density and intensity blending provision of th{ Im~l~ee~ Area Master Plan or through the affordable housing density bonus as referenced il [the D~nsity t -- Rating System of the Future Land Use Element. The base residential density is alct~p] 200t~ dividing the total number of residential units in a SRA by the overall area therein. The base residential density does not restrict net residential density of parcels within a SRA. The location, size and density of each SRA will be determined on an individual basis during the SRA designation review and approval process. See specific response under Policy 4. 7.2. Policy 4.7.1 Towns are the largest and most diverse form of SRA, with a full range of housing types and mix of uses. Towns have urban level services and infrastructure which support development that is compact, mixed use, human scale, and provides a balance of land uses to reduce automobile trips and increase livability. Towns shall be not less than 1,000 acres or more than 4,000 acres and are comprised of several villages and/or neighborhoods that have individual identity and character. Towns shall have a mixed-use town center that will serve as a focal point for community facilities and support services. Towns shall be designed to encourage pedestrian and bicycle circulation by including an interconnected sidewalk and pathway system serving all residential neighborhoods. Towns shall have at least one community park with a minimum size of 200 square feet per dwelling unit in the Town. Towns shall also have parks or public green spaces within neighborhoods. Towns shall include both community and neighborhood scaled retail and office uses, in a ratio as provided in Policy 4.15. Towns may also include those compatible corporate office and light industrial uses as those permitted in the Business Park and Research and Technology Park Subdistricts of the FLUE. Towns shall be the preferred location for the full range of schools, and to the extent possible, schools and parks shall be located adjacent to each other to allow for the sharing of recreational facilities. Design criteria for Towns shall be included in the LDC Stewardship District. Towns shall not be located within the ACSC. N/A to application. Policy 4.7.2 Villages are primarily residential communities with a diversity of housing types and mix of uses appropriate to the scale and character of the particular village. Villages shall be not less than 100 acres or more than 1,000 acres. Villages are comprised of residential neighborhoods and shall include a mixed-use village center to serve as the focal point for the community's support services and facilities. Villages shall be designed to encourage pedestrian and bicycle circulation by including an interconnected sidewalk and pathway system serving all residential neighborhoods. Villages shall have parks or public green spaces within neighborhoods. Villages shall include neighborhood, scaled retail and office uses, in a ratio as provided in Policy 4.15. Villages are an appropriate location for a full range of schools. To the extent possible, schools and parks shall be located adjacent to each other to allow for the sharing of recreational facilities. Design criteria for Villages shall be included in the LDC Stewardship District. To the extent possible, schools and parks shall be located adjacent to each other to allow for the sharing of recreational facilities. The base density (1 DU/A) and project size (960 acres) are both consistent with ti criteria. I AR 2 3 200t The Ave Maria Town Plan incorporates residential neighborhoods and a mixed-use village center, parka and public green spaces along with interconnected sidewalks and pathway systems to serve the residential neighborhoods. (Provided for in Tab 6, Ave Maria Town Plan, pages 5, 23, 24, 45, 46, & 60.) The full range of schools is not provided, only' K-8, and that is a private (parochial) school. However, it is not an actual requirement to provide the full range of schools, or to provide public schools, or to provide schools at all. It is a requirement to locate schools and parks adjacent to one another, if possible. The Pian does not address the proximate location of those facilitates; that is, the Plan does not. i~wlicate those facilities will be adjacent to one another, nor does it state they will not be adjacent to one another with explanation/justification why it isn't possible. The petitioner has indicated the proximate location of schools and parka will be addressed during the DRI (Development of Regional Impact) review. Policy 4.7.3 Hamlets are small rural residential areas with primarily single-family housing and limited range of convenience-oriented services. Hamlets shall be not less than 40 or more then 100 acres. Hamlets will serve as a more compact alternative to traditional five-acre lot rural subdivisions currently allowed in the baseline standards. Hamlets shall have a public green space for neighborhoods. Hamlets include convenience retail uses, in a ratio as provided in Attachment C. Hamlets may be an appropriate location for pre-K through elementary schools. Design criteria for Hamlets shall be included in the LDC Stewardship District. To maintain a proportion of Hamlets to Villages and Towns, not more than 5 Hamlets, in combination with CRDs of 100 acres or less, may be approved as SRAs prior to the approval of a Village or Town, and thereafter not more than 5 additional Hamlets, in combination with CRDs of 100 acres or less, may be approved for each subsequent Village or Town. N/A to application. Policy 4.7.4 Compact Rural Development (CRD) is a form of SRA that will provide flexibility with respect to the mix of uses and design standards, but shall otherwise comply with the standards of a Hamlet or Village. A CRD may include, but is not required to have permanent residential housing and the services and facilities that support permanent residents. An example of a CRD is an ecotourism village that would have a unique set of uses and support services different from a traditional residential village. It would contain transient lodging facilities and services appropriate to eco-tourists, but may not provide for the range of services that necessary to support permanent residents. Except as described above, a CRD will conform to the characteristics of a Village or Hamlet as set lbrth on Attachment C based on the size of the CRD. As residential units are not a required use, those goods and services that support residents such as retail, office, civic, governmental and institutional uses shall also not be required, however for any CRD that does include permanent residential housing, the proportionate support services listed above shall be provided in accordance with Attachment C. To maintain a proportion of CRDs of 100 acres or less to Villages and Towns, not more than 5 CRDs of 100 acres or less, in combination with Hamlets, may be appro,, ~ a~ ,qRA~ prior to the approval of a Village or Town, and thereafter not more than 5 additio: 100 acres or less, in combination with Hamlets, may be approved for each subset 7 lent I~llagc~ ~ MAR 2 3 200q or Town. There shall be no more than 5 CRDs of more than 100 acres in size. The appropriateness of this limitation shall be reviewed in 5 years pursuant to Policy 1.22. N/A to this application. Policy 4.8 An SRA may be contiguous to a FSA or HSA, but shall not encroach into such areas, and shall buffer such areas as described in Policy 4.13. A SRA may be contiguous to and served by a WRA without requiring the WRA to be designated as a SRA in accordance with Policy 3.12 and 3.13. The subject site is located within land designated as "open" on the RLSA Stewardship Map, and does not encroach into any FSA, Flow-way Stewardship Area, or HSA, Habitat Stewardship Are. (Provided for in the Ave Maria Natural Resource Index Assessment, Tab 3, page 3, page 12, Figure 3) Policy 4.9 A SRA must contain sufficient suitable land to accommodate the planned development in an environmentally acceptable manner. The primary means of directing development away from wetlands and critical habitat is the prohibition of locating SRAs in FSAs, HSAs, and WRAs. To further direct development away from wetlands and critical habitat, residential, commercial, manufacturing/light industrial, group housing, and transient housing, institutional, civic and community service uses within a SRA shall not be sited on lands that receive a Natural Resource Index value of greater than 1.2. In addition, conditional use essential services and governmental essential services, with the exception of those necessary to serve permitted uses and for public safety, shall not be sited on lands that receive a Natural Resource Index value of greater than 1.2. The Index value of greater than 1.2 represents those areas that have a high natural resource value as measured pursuant to Policy 1.8. Less than 2% of potential SRA land achieves an Index score of greater than 1.2. Subsequent to a detailed verification analysis, all land with the proposed Ave Maria possesses a Natural Resource Index value of less than 1.2. (Provided for in the Ave Maria Natural Resource Index Assessment, Tab 3 page 8,14- Figure 3b & page 18) Policy 4.10 Within the RLSA Overlay, open space, which by definition shall include public and private conservation lands, underdeveloped areas of designated SSAs, agriculture, water retention and management areas and recreation uses, will continue to be the dominant land use. Therefore, open space adequate to serve the forecasted population and uses within the SRA is provided. To ensure that SRA residents have such areas proximate to their homes, open space shall also comprise a minimum of thirty-five percent of the gross acreage of an individual SRA Town, Village, or those CRDs exceeding 100 acres. Lands within a SRA greater than one acre with Index values of greater than 1.2 shall be retained as open space. As an incentive to encourage open space, such uses within a SRA, located outside of the ACSC, exceeding the required thirty-five percent shall not be required to consume Stewardship Credits. The portion of the site devoted to the Ave Maria University (327 acres) does not consumption of Stewardship Credits, a~wl therefore does not have to maintain a 35 open space factor. The remaining 633 acres of Ave Maria devoted to the Town requ~~. t~ero~t~t ~d uses MAR ~. require a minimum of 221 acres (35 percent) of space. Approximately 261 acres of open space is being provided or 41 percent. (Provided jbr in Ave Maria Town Plan, Tab 6, page 109, Figure 2.) Policy 4.11 The perimeter of each SRA shall be designed to provide a transition from higher density and intensity uses within the SRA to lower density and intensity uses on adjoining property. The edges of SRAs shall be well defined and designed to be compatible with the character of adjoining property. Techniques such as, but not limited to setbacks, landscape buffers, and recreation/open space placement may be used for this purpose. Where existing agricultural activity adjoins a SRA, the design of the SRA must take this activity into account to allow for the continuation of the agricultural activity and to minimize any conflict between agriculture and SRA uses. "Many of the design and planning principles guiding the vision of the Ave Maria are oriented to protect natural resources, buffers, and wetland habitats areas, while developing the convergent University and Town away from sensitive areas. Transitional uses, such as, water retention, passive recreation, and agricultural lands will be uses as buffers to protect sensitive areas." (Provided for in Tab 6, Ave Maria Town Plan, page 108). Policy 4.12 Where a SRA adjoins a FSA, HSA, WRA or existing public or private conservation land delineated on the Overlay Map, best management and planning practices shall be applied to minimize adverse impacts to such lands. SRA design shall demonstrate that ground water table draw down or diversion will not adversely impact the adjacent FSA, HSA, WRA or conservation land. Detention and control elevations shall be established to protect such natural areas and be consistent with surrounding land and project control elevations and water tables. The site is located within land designated as "open" on the RLSA Stewardship Map, and does not encroach into any FSA Flow-way Stewardship Area, HSA, Habitat Stewardship Area, or WRA, Water Retention Area. (Provided for in Natural Resources Index Assessment, Tab 3, page 3). The site adjoins WRAs. (Ground water table addressed within Tab 4, Ave Maria Impact Assessment Report, pages 13-15). Policy 4.13 Open space within or contiguous to a SRA shall be used to provide a buffer between the SRA and any adjoining FSA, HSA, or existing public or private conservation land delineated on the Overlay Map. Open space contiguous to or within 300 feet of the boundary of a FSA, HSA, or existing public or private conservation land may include: natural preserves, lakes, golf courses provided no fairways or other turf areas are allowed within the first 200 feet, passive recreational areas and parks, required yard and set-back areas, and other natural or man-made open space. Along the west boundary of the FSAs and HSAs that comprise Camp Keais Strand, i.e., the area south 'of Immokalee Road, this open space buffer shall be 500 feet wide and shall preclude golf course fairways and other turf areas within the first 300 feet. The subject site is located within land designated as "open" and does not adjoin any FSA, Flow-way Stewardship Area, HSA, Habitat Stewara or existing public or private conservation land shown on the Stewardship Ove (Provided for in Tab 3, Natural Resources Index Assessment, page 3). on the RLSA Stewardship Map, hip ~A 'lay ~dap. Policy 4.14 The SRA must have either direct access to a County collector or arterial road or indirect access via a road provided by the developer that has adequate capacity to accommodate the proposed development in accordance with accepted transportation planning standards. No SRA shall be approved unless the capacity of County collector or arterial road(s) serving the SRA is demonstrated to be adequate in accordance with the Collier County Concurrency Management System in effect at the time of SRA designation. A transportation impact assessment meeting the requirements of Section 2.7.3 of the LDC, or its successor regulation shall be prepared for each proposed SRA to provide the necessary data and analysis. The applicant proposes access from CR-858 ('Oil Well Road), a collector road as identified in the Transportation Element. (Provided Jbr in Tab 4, bnpact Assessment Report, page 19, and Tab 6, Ave Maria Town Plan, Land Use Master Plan, page 6). Concurrency will be determined at the time of future subsequent development orders. The Transportation Division staff will review this project for its transportation impact. Policy 4.15 SRAs are intended to be mixed use and shall be allowed the full range of uses permitted by the Urban Designation of the FLUE, as modified by Policies 4.7, 4.7.1, 4.7.2, 4.7.3, 4.7.4 and Attachment C. An appropriate mix of retail, office, recreational, civic, governmental, and institutional uses will be available to serve the daily needs and community wide needs of residents of the RLSA. Depending on the size, scale, and character of a SRA, such uses may be provided either within the specific SRA, within other SRAs in the RLSA or within the Immokalee Urban Area. By example, each Village or Town shall provide for neighborhood retail/office uses to serve its population as well as appropriate civic and institutional uses, however, the combined population of several Villages and Hamlets may be required to support community scaled retail or office uses in a nearby Town. Standards for the minimum amount of non-residential uses in each category are set forth in Attachment C, and shall be also included in the Stewardship LDC District. Applicant addresses most of the above issues and requirements within Tab 6, Ave Maria Town Plan, pages 24, 46, 62 & 85. Specific requirements are contained in other Policies, and staff analysis is provided there. Policy 4.16 A SRA shall have adequate infrastructure available to serve the proposed development, or such infrastructure must be provided concurrently with the demand. The level of infrastructure provided will depend on the type of development, accepted civil engineering practices, and LDC requirements. The capacity of infrastructure serving the SRA must be demonstrated during the SRA designation process in accordance with the Collier County Concurrency Management System in effect at the time of SRA designation. Infrastructure to be analyzed includes transportation, potable water, wastewater, irrigation water, stormwater management, and solid waste. Transportation infrastructure is discussed in Policy 4.14. Centralized or decentralized community water and wastewater utilities are required in Towns, Villages, and those CRDs exceeding 100 acres in size. Centralized or decentralized community water and wastewater utilities shall be constructed, owned, operated and maintained by a privat. ~ ntilil'~_ service, the developer, a Community Development District, the Immokalee Wate~ Sew~' Service District, Collier County, or other governmental entity. Innovative alternativ '~ wa~ and wastewater treatment systems such as decentralized community treatment syster ts 10 not be prohibited by this policy provided that they meet all applicable regulatory criteria. Individual potable water supply wells and septic systems, limited to a maximum of 100 acres of any Town, Village or CRD of 100 acres are permitted on an interim basis until services from a centralized/decentralized community system are available. Individual potable water supply wells and septic systems are permitted in Hamlets and may be permitted in CRDs of 100 acres or less in size. Analysis provided in Tab 4, Impact Assessment Report. Analysis.~br impacts to parks, law enforcement and schools is not provided; see further comments below under "SRA Application Review". Policy 4.17 The SRA will be planned and designed to be fiscally neutral or positive to the Collier County tax base at the horizon year based on a modified per capita cost/benefit fiscal analysis (Modified per capita cost/benefit fiscal analysis per Burchell et.al., 1994, Development Impact Assessment Handbook, ULI.). The BCC may grant exceptions to this policy to accommodate affordable housing, as it deems appropriate. Techniques that support fiscal self-sufficiency such as Community Development Districts shall be encouraged. At a minimum, the analysis shall consider the following public facilities and services: transportation, potable water, wastewater, irrigation water, stormwater management, solid waste, parks, law enforcement, and schools. Development phasing and funding mechanisms shall address any adverse impacts to adopted minimum levels of service pursuant to the County Concurrency Management System. Analysis provided in Tab 5, Economic Assessment Report. Policy 4.18 Eight Credits shall be required for each acre of land included in a SRA, except for open space in excess of the required thirty-five percent as described in Policy 4.10 or for land that is designated for a public benefit use described in Policy 4.19. In order to promote compact, mixed use development and provide the necessary support facilities and services to residents of rural areas, the SRA designation entitles a full range of uses, accessory uses and associated uses that provide a mix of services to and are supportive to the residential population of a SRA, as provided for in Policies 4.7, 4.15 and Attachment C. Such uses shall be identified, located and quantified in the SRA master plan. The proposed project comprises of 960 acres; of those, 327 acres are devoted to the University a~ul do not require Stewardship Credits. The remaining 633 acres will require 5064 credits. There is SSA application pending for 7,842.5 credits for this project. (Provided for in Tab 7). Policy 4.19 The acreage of a public benefit use shall not count toward the maximum acreage limits described in Policy 4.7. For the purpose of this policy, public benefit uses include: public schools (preK-12) and public or private post secondary institutions, including ancillary uses; community parks exceeding the minimum acreage requirements of Attachment C, municipal golf courses; regional parks; and governmental facilities excluding essential set defined in the LDC. The location of public schools shall be coordinated with th~ County School Board, based on the interlocal agreement 163.3177 F.S. and in a consistent with 235.193 F.S. Schools and related ancillary uses shall be encouraged 11 rices o in or proximate to Towns, Villages, and Hamlets subject to applicable zoning and permitting requirements. 327 acres of the subject site will be developed under the public benefit uses; 633 acres are devoted to the Town. Policy 4.7.1 establishes a minimum of lO0 acres and maximum of l,O00 acres for a Village. The subject SRA comprises 960 acres. Policy 4.20 Lands within the ACSC that meet all SRA criteria shall also be restricted such that credits used to entitle a SRA in the ACSC must .be generated exclusively from SSAs within the ACSC. Further, the only form of SRA allowed in the ACSC east of the Okaloacoochee Slough shall be Hamlets and CRDs of 100 acres or less and the only form of SRA allowed in the ACSC west of the Okaloacoochee Slough shall be Villages and CRDs of not more than 300 acres and Hamlets. Provided, however, that two Villages or CRDs of not more than 500 acres each, exclusive of any lakes created prior to the effective date of this amendment as a result of mining operations, shall be allowed in areas that have a frontage on State Road 29 and that, as of the effective date of these amendments, had been predominantly cleared as a result of Ag Group I or Earth Mining or Processing Uses. This policy is intended to assure that the RLSA Overlay is not used to increase the development potential within the ACSC but instead is used to promote a more compact form of development as an alternative to the Baseline Standards already allowed within the ACSC. No policy of the RLSA Overlay shall take precedence over the Big Cypress ACSC regulations and all regulations therein shall apply. This site is not within the ACSC. FLUE Policy 5.4 provides that all new development must be compatible with and complimentary to surrounding land uses. Comprehensive Planning leaves this determination to Zoning and Land Development Review staff as part of their review of the petition in its totality. SRA Application Review: Policy 4.16 of the RLSA Overlay states, in part: 'q'he capacity of infrastructure serving the SRA must be demonstrated during the SRA designation process in accordance with the Collier County Concurrency Management System in effect at the time of SRA designation. Infrastructure to be analyzed includes transportation, potable water, wastewater, irrigation water, stormwater management, and solid waste." [emphasis added] Policy 4.16 of the RI,SA Overlay states, in part: "At a minimum, the [fiscal impact] analysis shall consider the following public facilities and services: transportation, potable water, wastewater, irrigation water, stormwater management, solid waste, parks, law enforcement, and schools." There is a discrepancy in the analysis requirements of these two policies; the fiscal impact analysis of Policy 4.17 plainly identifies includes parks, law enforcement and schools facilities whereas the public facilities impact analysis of Policy 4.16 does not specifically include those three facilities. However, staff has consistently interpreted text that reads "includes" or "to include" or "including", followed by a listing, not to be all inclusive; that is, the specific it'2.-'~ li~ted following such terms are included, but there may be others. Accordingly, staff mtY re~~' submittal of additional public facility impact analysis to include these three faciht~es~ h,.,[ II ~' specifically listed in Policy 4.16 and not presently addressed in the SRA a~plic~2 200 I However, staff acknowledges that Section 2.2.27.10.K. of the Land Development Code, that implements the FLUE RLSA Overly Policy 4.16, specifically lists, in definitive terms, the required public facilities to be analyzed; it does not include parks, law enforcement and schools. Due to this second discrepancy, between the FLUE RLSA Policy and implementing LDC provision, staff does not request submittal of additional information. This Policy discrepancy may be the subject of a future GMP amendment and subsequent LDC amendment. Unrelated to FLUE consistency, staff notes that in each of the four Town areas (Town Core, Town Center, Neighborhood General, Community General), a general description of uses is provided under "Land Uses", followed by a ~tatement that the specific uses permitted are included in Appendix C. However, Appendix C does not contain a detailed list of uses. Further, it only contains a single land use summary with density/intensity thresholds. This suggests all four areas are permitted the same land uses. Is it the intent to allow residential, retail, office, hotel, civic and school uses in all four areas? Is it the intent to allow the full array of commercial uses (C-1 thru C-5) in each of the Town areas that allow commercial uses? Though it is acknowledged that some neighborhood commercial uses are allowed in the Neighborhood General area, and appropriately so, it does not seem appropriate to allow all retail uses there, nor to allow hotel use. Also, the Community General area does not seem appropriate for most listed uses - residential, retail, office, hotel, civic, school. Additionally, Appendix C only lists an acreage figure for "Service District" - it does not identify any land uses. (It is suggested that Appendix C provide - in addition to the existing information - a more detailed list of uses; and, identify which uses are allowed in each of the four Town areas.) Based upon the above analysis, staff conck~des tim proposed uses and density for the subject site may be deemed consistent with the Future Land Use Element, Rural Lands Stewardship Area Overlay. Transportation Element: Transportation staff has reviewed the applicant's submittal for consistency with the various policies identified in the Transportation Element of the Comprehensive Plan and has the following comments: The impacts of this development were analyzed and there are no adversely impacted roadway segments that are not programmed for improvements within the next two years within the projects area of influence. This analysis included lowering the projects projected initial internal capture rate to 40 percent to make st~re that at this lower internal capture rate there would not be any significantly impacted roadway segments that would lower the roadway Level-of-Service (LOS) below adopted LOS standards. The programmed roadway improvement projects included in this analysis include the six laning of Immokalee Road from US 41 to CR 951 (US 41 to 1-75 is progranm~ed to start later this year and the segment from 1- 75 to CR 951 was added to the work program in December for a design/build in 2006) and the segment from CR 951 to 43Rr> Avenue which is currently under construction and will be widened to four or six lanes. Based on this analysis this project is consistent with Policies 1.3, 1.4, 5.1 and 5.2 of the Transportation Element. This project is also consistent with policies 3.1, 3.2 and 3.3 where the applica donating 200' of right-of-way along Oil Well Road and Camp Keais Road for the future widening needs of these roadways. In addition, the conceptual design and cl the Town and the University appears to be consistent with the policies prorr 13 interconnected bicycle and pedestrian facilities (policy 4.6 and 4.8) and traffic management through street design that is referenced in policy 9.8 and other policies in that section. Utilities and Water Management Element - The Utilities Department has approved the project with the following information. Water and wastewater service for Ave Mafia will be provided by a future franchise utility. There is no objection from Collier County Public Utilities to Ave Mafia's franchise utility service. As an informational note: The SRA indicates that raw water will be supplied by groundwater wells. The projected flows for the first development phase are approximately 697,730 gpd (gallons per day) on an average annual demand basis, and 976,822 gpd on a maximum month average daily demand basis. Advanced secondary wastewater treatment to treat 513,500 gpd on an average annual demand basis, and 667,550 gpd on a maximum month average daily demand basis is also anticipated. The primary effluent disposal method is anticipated to be land application (reclaimed water irrigation), and the secondary means of disposal is anticipated to be by deep injection well. As proposed, the above-prescribed course of action makes this petition consistent with this element of the GMP. ANALYSIS: Staff completed a comprehensive evaluation of this SRA application and the regulatory framework upon which a favorable determination must be based. The evaluation by professional staff should typically include an analysis of the petition's relationship to the community's Growth Management Plan and Future Land Use Map, and whether or not the SRA designation action would be consistent with the Collier County GMP in all of its related elements (See Exhibit "A" and Exhibit "B"). 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 requested action to the long range plan for future land uses. Notwithstanding the above, staff in reviewing the determinants for adequate findings to support an SRA designation advise as follows: Environmental Review - The first level of analysis pursuant to the environmental considerations related to the application actually occurred as a result of the County's adoption of the Growth Management Plan's goals, objectives and policies related to the Eastern Lands. At that point, specific areas within the boundaries known as "the eastern lands" were evaluated and identified as environmentally sensitive areas. Those areas known as Floway Stewardship areas (FSA), Habitat stewardship areas (HSA) and Water Resource Stewardship Areas (RSA) were identified and set aside as areas for future preservation. Other areas within the Eastern Lands were designated as "receiving lands" (eligible for development consideration). However, within these receiving lands may exists "pockets" of environmentally sensitive areas, which would be subject to some environmental controls. In order to develop a Town, Village or Hamlet through the SRA process, the acquisition and "transfer" of 8 stewardship credits per acre is required. Stewardship credits are generated through the SSA (Stewardship Sending Area) process, through which the provisions of the GMP are implemented and "sending" lands identified above are put into conservati SRA level, the GMP contains policies that require that development within th~ lands" has to be directed away from areas with a Natural Resource Index scor{ 14 )n..~^ ~.~,~' "se~ling : ~ of 1.2 or MAR 2 3 200 greater. Pursuant to the requirements of the Growth Management Plan, the applicant provided a Natural Resource Index Assessment (NRIA). The NRIA provides an RLSA Overlay Map delineating the area to be designated as an SRA. The NRIA documents the Natural Resource Index Value scores and includes an analysis that quantifies the number of acres by Index Values. The NRIA has been reviewed by staff and was found to demonstrate compliance with the suitability criteria contained in LDC Section 2.2.27.10.A.1 of the LDC and appropriate provisions of the GMP, specifically policies 4.9, 4.10 and 4.18.. Transportation Review - Transportation staff has reviewed the applicant's submittal for consistency with the various policies identified in the Transportation Element of the Comprehensive Plan and has the following comments: The impacts of this development were analyzed and there are no adversely impacted roadway segments that are not programmed for improvements within the next two years within the projects area of influence. This analysis included lowering the projects projected initial internal capture rate to 40 percent to make sure that at this lower internal capture rate there would not be any significantly impacted roadway segments that would lower the roadway Level-of-Service (LOS) below adopted LOS standards. The programmed roadway improvement projects included in this analysis include the six laning of Immokalee Road from US 41 to CR 951 (US 41 to 1-75 is programmed to start later this year and the segment from 1- 75 to CR 951 was added to the work program in December for a design/build in 2006) and the segment from CR 951 to 43Rt> Avenue which is currently under construction and will be widened to four or six lanes. Based on this analysis this project is consistent with Policies 1.3, 1.4, 5.1 and 5.2 of the Transportation Element. This project is also consistent with policies 3.1, 3.2 and 3.3 where the applicant will be donating 200' of right-of-way along Oil Well Road and Camp Keais Road for the projected future widening needs of these roadways. In addition, the conceptual design and character of the Town and the University appears to be consistent with the policies promoting safe interconnected bicycle and pedestrian facilities (policy 4.6 and 4.8) and traffic management through street design that is referenced in policy 9.8 and other policies in that section. Specific recommendations are provided in the staff recommendations portion of this staff report. Department of Zoning and Land Development Review This SRA application is the initial phase of a planned larger project, as both the University and town will expand beyond the limits of the boundaries outlined in this application submittal. The resulting Ave Maria project will constitute a Development of Regional Impact (DRI) pursuant to Chapter 380.06, Florida Statutes. A preliminary development agreement (PDA) will be entered into with the Department of Community Affairs of the State of Florida. The PDA will authorize construction of this part of the project that is covered by this SRA designation application, prior to the issuance of a DRI Development Order. To address the specifics of each SRA, the attached master plan of the subject SRA was prepared and submitted to Collier County as a part of the petition for designation as an SRA. plan is required to demonstrate that the SRA complies with all applicable poli Overlay and the LDC Stewardship District and is designed so that incompatible la directed away from wetlands and critical habitat identified as FSAs and HSAs on Map. 15 The SRA application was reviewed for consistency with both the Growth Management Plan (as analyzed above) and the appropriate provisions of the Land Development Code. The structure of the LDC regulations governing development in the Eastern Lands is different from those regulations that govern the Urban area of the County. The RLSA overlay district design standards are intended to encourage compact urban design with walkable communities and a mixture of land uses within the same development tracts, and utilizes the pl~mning concepts that are based on traditional small town and city neighborhood development principles. While there is no single model for a traditional neighborhood development, certain principles define this type of development. Compact urban development means that nonresidential land uses, such as commercial, civic and open space, are mixed with residential land uses. Mixing uses helps promote walking between the various uses. Different modes of transportation are promoted in the community such as walking, bicycles, transit, and automobiles. Mixed use also provides a community center or focus and a promotion of a mix of housing types and sizes to accommodate households of all ages, sizes and incomes. It also means varying lots sizes and densities and a variety of housing types. Mixed use may also mean that housing is provided in the same building above commercial uses such as shops or offices. Traditional neighborhood developments provide for access generally by way of an interconnected network of circulation systems and are meant to be "pedestrian friendly." The mix of land uses of found in these types of developments is typical of traditional neighborhood types of development. To that end, the recently adopted Land Development Code provisions that address development in these areas are different, and subsequently so are the proposed regulations governing this development. For example, the regulations allow the use of floor area calculations, minimal landscape requirements, a mixture of land uses, the ability to submit project specific architectural and landscape standards at the time of Site Development Plan application, and provide for flexible signage and building height regulations. These types of regulations provide for flexibility in design and the ability to adjust to market and design conditions as the project moves through the development phase. It also provides the opportunity for administrative discretion and flexibility when reviewing site plans and plats for purposes of compliance. Although the SRA designation is similar to a PUD rezoning process, the specific criteria required to be evaluated are part of the review process are not defined in the LDC. The conventional compatibility analysis dealing with compatibility is not outlined as specific defined criteria to be evaluated as part of the staff review of the application. The staff review of the application is comprised mainly of evaluation of the proposed town plan lbr consistency with the regulations in section 2.2.27, the RLSA District Design standards and review of other standards set forth in the document which may exceed or be different from those defined in 2.2.27. The proposed Ave Maria town plan has been reviewed for consistency with the implementing land development regulations CLDR's). The submitted plan was evaluated for its consistency with the SRA designation design criteria and found generally consistent with the regulations set forth in the LDC, however corrections to the document are needed as noted in the staff recommendations section of this report. Utility Infrastructure: As noted above, utility infrastructure will be created on site and provided by apriv service. Existing County services will not be extended to meet the future demam project. 1,5 te utility s o tldls2 3 200 ,,. ,-/,./ Community Infrastructure and Services: The intent of the provisions of the GMP and LDC are to encourage compact, urban style development, which provides neighborhood goods and services within a short distance. The mixed-use nature of the project, coupled with the traditional neighborhood design, provides needed community services to serve this project. The issue of schools, parks and community services such as fire and policy protection will be addressed through the DRI process. As well, the applicant has already entered into discussions with those entities as noted in the staff recommendations for approval. Fiscal Impact Analysis: When considering development or land-use planning proposals, interested parties -- such as citizens, planners, elected officials, and developers -- have a keen interest in how given options may affect our local governments' costs and revenues. If a particular development or project will bring more in revenues than it will cost in services, it might help ease local financial burdens and allow the locality to improve services or cut taxes. Conversely, if it will require service costs that exceed revenues, it could increase pressure to raise taxes, find additional sources of funds, or curtail conununity services. Moreover, when there are alternatives for developing particular parcels of land, it is likely that they will differ from each other with respect to costs and revenues. The process of estimating these potential impacts is called "fiscal impact analysis." In many communities, it can be an important consideration for approval, conditions for approval or disapproval of a proposal or plan. Section 2.2.27.10.L of the Collier County Land Development Code (LDC) references the economic assessment of the SRA designation: An economic assessment meeting the requirements of this section shall be prepared and submitted as part of the SRA designation application package. At a minimum, the analysis shall consider the following public facilities and services: transportation, potable water, wastewater, irrigation water, stormwater management, solid waste, parks, law enforcement, emergency medical services, fire, and schools. Development phasing and funding mechanisms shall address any adverse impacts to adopted minimum levels of service pursuant to the Division 3.15 of the LDC. 1. Demonstration of fiscal neutrality. Each SRA must demonstrate that its development, as a whole, will be fiscally neutral or positive to the Collier County tax base, at the end of each phase, or every five years, whichever occurs first, and in the horizon year (build-out). This demonstration will be made for each unit of government responsible for the services listed below, using one of the following methodologies: Collier County fiscal impact model. The fiscal impact model officially adopted and maintained by Collier County. Alternative fiscal impact model. If Collier County has not adopted a risc_al impact model as indicated above, the applicant may develop an alternative fiscal impact mc~:lel a methodology approved by Collier County. The model methodology will be consistent I~th the Fiscal Impact Analysis Model CFIAM") developed by the State of FloridI or with Burchell et al., 1994, Development AsSessment Handbook (ULI). 2. 3. 4. The BCC may grant exceptions to this policy of fiscal neutrality to accommodate affordable or workforce housing. 2. Monitoring requirement. To assure fiscal neutrality, the developer of the SRA shall submit to Collier County a fiscal impact analysis report ("Report") every five years until the SRA is 90 percent built out. The report will provide a fiscal impact analysis of the project in accord with the methodology outlined above. 3. Imposition of special assessments. If the report identifies a negative fiscal impact of the project to a unit of local government referenced above, the landowner will accede to a special assessment on his property to offset such a shortfall or in the alternative make a lump sum payment to the unit of local government equal to the present value of the estimated shortfall for a period covering the previous phase (or five year interval). The BCC may grant a waiver to accommodate affordable housing. [4.] Special districts encouraged in SRAs. The use of community development districts (CDDs), municipal service benefit units (MSBUs), municipal service taxing units (MSTUs), or other special districts shall be encouraged in SRAs. When formed, the special districts shall encompass all of the land designated for development in the SRA. Subsequent to formation; the special district will enter into an interlocal agreement with the county to assure fiscal neutrality. As outlined above, if the monitoring reveals a shortfall of net revenue, the special district will impose the necessary remedial assessment on lands in the SRA. In order to assess the financial impacts of the Ave Maria University (AMU) and Stewardship Receiving Area to Collier County, the County has employed the Fishkind & Associates Fiscal Impact Analysis Model. Fishkind developed the FIAM under contract with the State of Florida to assist with local and statewide fiscal assessments related to: Financial sustainability Comprehensive Plan amendments Growth management Land use decision making To date, the State of Florida Department of Community Affairs (DCA) has not officially adopted the FIAM for use statewide. However, the DCA endorses the Fishkind model and may require local jurisdictions to utilize the FIAM when making community development and growth management-type reviews and decisions. Fishkind & Associates are also involved in significant financial advisory roles to numerous special districts, redevelopment agencies, real estate developments and local governments, including the cities of Fort Myers, Tampa and Orlando; and the counties of Palm Beach, Broward and Orange. The impact assessment methodology employed in the AMU analysis is the Collier County FIAM "working model". This most updated version of the model was developed in an approach consistent with the FIAM's standardization for various other jurisdictions throughout the State of Florida. There are currently over 15 communities utilizin statewide. County staff continues to collaborate with Fishkind & Associates to recalibrate the model using the most up-to-date information available. According Fishkind, "The working model is the best available methodology to assess the fisc of the proposed Ave Maria PDA." 18 The fiscal impact analysis seeks to determine the fiscal neutrality of the AMU project concerning the costs and revenues to the County. The demonstration of fiscal neutrality must indicate that the project will be financially neutral or positive to the Collier County tax base. The analysis herein relates to AMU through 2008 - the conclusion of the first phase of development. The fiscal impacts comprise both operating costs and revenues and capital costs and revenues. According to the data and AMU Economic Model submitted to the County by Wilson Miller dated October 1, 2003, AMU and the residential development will generate positive fiscal impacts on the County in 2008. The operating deficit is offset by the significant capital surplus based on the assumptions in Table 1. 'The main reason for the operating shortfall in the early years of the project is the lag between the time a residence is constructed and when it comes onto the tax roll and creates ad valorem revenues for the County. The economic model goes on to point out that, over time, the operating budget will create a surplus with the residential development program. Table 1 - Fiscal Impact of the Residential Development Program Year 2008 Total ._O_l:~_rating Revenue $3,348,172 Total O~n~g Cost __ $3,820,632 Net Operating Impact -$472,461 95 % of Net Op~ Impac~t ..... ~-$472,461 Tg_t_ .a!.. C~apit_.al_. R_~yenue $7~5_09,_..4~__! ~.T__0_t~ al_~.~Pit_ a!Cost. :$5,~.! ~,.6_~6 Net Capital Impact ................... $1,~6.,7~5 .............................. Net Total Impact @ 95% of Revenue $1,424,285 The two primary components of the project involve the residential core and the university core. The residential component of the development involves 951 dwelling units. The total operating revenues for the residential development displayed here signifies the year 2008. Because these revenues are trends that continue each year, displaying the total for 2008 is proper. However, capital costs and capital revenues (impact fees) occur on a one-time basis. Therefore, the data shown in Table 2 and indicated on the analysis spreadshe. '~ renresents a AGF. J4:)A ~ cumulative basis for 2006- 2008. N°"--~· --~-- Table 2 - Residential Development 2006-2008 Land Uses Taxable Value 2006 - 2008 Single-family - custom $400,000 223 Condominiums $250,000 175 According to Fishkind, however, the university component of the development will initially have a negative impact on the operating budget and capital account for the County in 2008. The university core comprises the university, a K-8 school, church, 110-room hotel and related student housing. The revenue generated from the university core alone will not be enough to offset the capital costs to the County, including police, fire and roads. In 2008, however, the total revenues to the County will be enough to create a positive impact and counteract the deficit of the university core. While substantial portions of AMU will almost certainly qualify for tax-exempt status and the anticipated ad valorem revenue stream from a development of this magnitude will not be available to the County, staff does not agree with the FIAM that all other fiscal impacts of AMU are negated (as indicated on page 4 of the Economic Assessment Report of the SRA application). In response, Dr. Fishkind mentioned that the University core presents a peculiar problem and it is unclear how it will actually impact the County. How many students will use County facilities or how much police and EMS protection will be required for a religious- oriented campus are imponderables at this point. Staff agrees that monitoring and imposing special assessments if there is a shortfall would best serve the County. Because the campus core is tax exempt, it is difficult for it to be fiscally neutral. Over time, as the balance of the community develops around it, there is a greater chance for a fiscal surplus. Florida State Statutes 196.192 and 196.198 identify the exemptions from ad valorem taxes and point out that an educational institution and the property used by them or by any other exempt entity or educational institution exclusively for educational purposes shall be exempt from taxation. Under F.S. 196.012, AMU meets the criteria of an educational institution and, as a result, qualifies for the exemption. When utilizing demographic data for financial analysis, it is important to use the best and most up-to-date statistics available. In this case, the total County population data used in the model (277,457) originates from the University of Florida Bureau of Economic and Business Research 2002 Estimates of Population as of April 1, 2002. The population figure is a divisor used in the per capita projections. The population data should adhere to the budget data projected in the FIAM (2003 budget data was not available to Fishkind at the time of their analysis). If the population data were updated to represent 2003, and the budget figures remained at 2002 levels, the result would likely project per capita costs and revenues that are less than they actually were. The goal of the FIAM is to gauge the number of pec de re~atSti-------------~S services from the County. I AR 2 3 200 , ;20 After reviewing the AMU project and the submitted information from Wilson Miller and Fishkind & Associates, there are some important assumptions to consider: 1. The residential development and estimated project data are important program inputs into the fiscal impact spreadsheet (Table 3). Table 3 - Residential Values Project Data Default Values Single-Family - Low Range $125,000 (Developer) $125,000 Single-Family - High Range $400,000 (Developer) $250,1300 Multifamily-For Sale Townhouse $250,000 (Developer) $135,000 Multifamily-Rental Apartments/TH $125,000 (Developer) $75,000 To the extent that the actual residential development differs from the developer predicted average prices listed above, the economic and fiscal results may change significantly. Please note that the AMU estimates are noticeably greater than the default values calculated by the FIAM. Collier County Property Appraiser data was used to obtain the default values. The capital cost analysis and related estimates are based on the assumption that AMU, as indicated in the Preliminary Development Agreement, will be an integrated community. This would result in a substantial internal capture rate for all roadway trips. Table 4 shows the internal capture rate for peak hours for AMU. Table 4 - Internal Capture Residential Condo/Townhouse [rE Code 230 Entering [80% 80% 6O% 21 2 3 200 l~Evate School (K- 12) Code 521 ~ntering [60% The peak hour analysis provided by the developer is used in the fiscal analysis and the FIAM submitted the County. To the extent that these internal capture rate suppositions are not correct, the FIAM capital cost estimations may be significantly affected. The average internal capture rates for Collier County are considerably less than those figures used in the model (Table 5). Table 5 - Collier County Internal Capture Internal Ca Avera Condo/Townhouse Conclusion According to Fishkind, "No matter how accurate or sophisticated a fiscal impact model may be, judicious use and good judgment are of paramount importance." The model is only a tool for evaluating the likely fiscal impacts flowing from land use decisions. While it is a powerful and user-friendly tool, it is not a substitute for experienced professional analysis. Its use is complimentary - not substitutive." At this point in the planning process, it is often difficult to calculate and predict various development program variables including internal capture rates, market demand and pricing. Throughout the Ave Mafia University FIAM database, the developer applies various assumptions and predictions. These assumptions and predictions may or may not be accurate once the project commences and progressively moves through fruition. As a result, the monitoring aspect as required under LDC Section 2.2.27.10.L.2 is to the assurance of fiscal neutrality on the County. An effective monitoring progn determine the commercial and residential values. If AMU falls short in their assm if there is a negative fiscal impact at the end of any monitoring interval, the 22 imperative n wilt ^ ~ptio~ and permitted in the LDC, should then impose special assessments on the project to bring it to fiscal neutrality. Based upon staff's analysis of the FIAM and its application related to AMU, the development project, as submitted to the County, should achieve fiscal neutrality (positive) in the year 2008. Therefore, the FIAM submitted in support of the Ave Maria SRA application is sufficient per Section 2.2.27.10.L. 1.b. STAFF RECOMMENDATION: The following recommendation is based on staff review of the SRA development application received after the generation of this staff report. Some of the comments may no longer be applicable, provided the applicant has addressed staff comments in the draft document attached to this report. Staff will review the document prior to the CCPC hearing, and provide an update to the recommendations at that time. Staff recommends approval of the subject SRA application and resolution subject to the following: General Comments (Zonin£ De[}artment and Comprehensive Planning Department: .Appendix C does not contain a detailed list of uses. Further, it only contains a single land use summary with density/intensity thresholds. This suggests all four areas are permitted the same land uses. Is it the intent to allow residential, retail, office, hotel, civic and school uses in all four areas? Is it the intent to allow the full array of commercial uses (C-1 thru C-5) in each of the Town areas that allow commercial uses? Though it is acknowledged that some neighborhood commercial uses are allowed in the Neighborhood General area, and appropriately so, it does not seem appropriate to allow all retail uses there, nor to allow hotel use. The Community General area does not seem appropriate for most listed uses - residential, retail, office, hotel, civic, school. Appendix C only lists an acreage figure for "Service District" - it does not identify any land uses. It is suggested that Appendix C provide - in addition to the existing information - a more detailed list of uses; and, identify which uses are allowed in each of the four Town areas). The Town Plan shall be amended to indicate that accessory dwelling units shall be counted in the overall allowable project density. Department of Zoning and Land Development Review: Sports and Recreation facilities - maximum heights: "refer to section A and B" - please write out the regulation. The details of the intent of the regulation aren't clear from the illustration. Applicant comment: The Town Plan will be modified to define the ~ recreation facilities maximum height of 100 Ft. measured from the buildi the eve. The illustrations of section A and B will be removed. Staff Comment: The change was not made to the Town Plan. General Standards section - "shall not obscure any key architectural features..." the use of the word "key" is subjective. If there is a concern over signage obscuring architectural features of the building, then "key" architectural features need to be defined in order to apply the regulation. Applicant comment: This statement will be amended to be consistent with the LDC language, "Signs shall be installed in a location the minimizes conflicts with windows or other architectural features of the building." Staff Comment: The change was not made to the document. 3. Creative sign - please eliminate this provision it's non-regulatory - no standards are defined. o Applicant comment: Standards were provided in memo dated December 9, 2003. Staff comment: The standards were not incorporated into the Town Plan. Page 21 - University Green - Last bullet in paragraph - this regulation is unclear. Where does it apply? What does it apply to? Please clarify. Applicant comment: Per our discussion during our meeting, the University Green graphic will be clearly labeled and the last bullet item will be revised as follows: Landscaping within the University Green shall maintain a clear visibility zone between 30 Inches and 5 Feet for visibility and security purposes. A graphic will be added to demonstrate the clear visibility zone. Staff comment: The graphic was not placed in the Town Plan. Page 65 - Encroachments What is a "bay?" Please define. Applicant comment: "Bay" is a "bay window". The Town Plan will be amended to included "window" Staff comment: The Town Plan was not amended in all places. Pages 66 and 67 * 10 foot minimum distance between regulation. Please correct discrepancy. buildings is not achievable with current proposed Applicant comment: The "*" note at tile bottom of pages 66 and 67 will be removed from the Town Plan in order to correct the discrepancy. Staff comment: The town Plan was not amended as requested. Page 74 - Neighborhood Goods and Services Minimum side yard requirement as written doesn't make sense. Please clarify. 24 2 3 200 Applicant comment: Per our explanation during our meeting, the intent of the language as written is for the side yard setbacks to be at a minimum equal to those of the adjacent residential dwelling. No further change is necessary. Staff comment: Clarification is needed to the language as its intent remains unclear as written. Community General - page 84 Add maximum height for accessory uses. Applicant comment: Maximum height for accessory uses addressed on page 86. Staff comment: The intent of the comment was to require a definitive height in feet. Staff cannot support the text as written without a specified height in feet. Comments regarding the Landscape provisions of the Town Plan. 1. Page 18/new Page 17: "Screening" first buiiet. (Note: this is part of the University District standards). Applicant comment: "The Town Plan will be modified to add a minimum screening height of 2 feet." Staff comment: Correct this height to state 3 feet as is stated throughout the rest of the document. 2. Page 18/new Page 17: "Tree Canopy" [Adequate planting area for trees] Applicants comment: Will remove the word "canopy". Staff comment: Address the issue of small sized planting areas by adding root barrier language. Use the same language as LDC Section 2.2.27.10. SRA Designation J. Design Criteria 2. Town Design Criteria d. Context Zones (1)(p): "sidewalk protection such as root barriers, a continuous tree pit, and/or structural soils shall be provided." o Page 20 (of new document) under the header: "Landscaping within the University Green" Staff comment: The text body is missing h-om this header. Please add text body, reinsert original language, or remove this header. 4. Page 25, Staff comment: Tree grates, while not recommended, if they are to be used, state that they will be "expandable" tree grates. 5. Page 35/new Page 34: "Street Trees" [planting widths] Staff comment: modify the Town Plan to include the requirement for root barriers. future development of a tree maintenance program.. 6. Page 36/new Page 34: "Street Trees" [Tree Grates] 25 Suggest AC.,F. NOA ~ ~AR 2 3 2004. P~.,, ~,,,~ Staff comment: the newly proposed language is accepted. However, the same concerns regarding tree grates expressed in comment # 4 pertain here. Page 37/new Page 35: "Screening" header, first bullet: Staff comment: Regarding 3 foot perimeter landscaping buffer width. Previously this dimension was 5 feet. In order to accommodate the trees also proposed for this location, restore original dimension of 5 feet. 8. Page 37/new Page 35: Staff comment: regarding "Tree Canopy" See Comment # 2. 9. Page 57/new Page 55: "Tree Canopy" Staff comment: See Comment # 2 10. Page 58/new Page 56: "Tree Canopy" Staff comment: See Comment # 2. 11. Page 106/new Page 103: "Park Sidewalks and Pathways" Staff comment: See Comment # 2. Transportation Operations: 1. Collier County Transportation Department agrees to the Right-of-Way donations as described in the letter to Jim V. Mudd, Collier County Manager, from Paul Marinelli, President of Barton Collier Companies and dated October 24, 2003. (see attached letter) 2. Based on the unique characteristics of the town and proximity to Naples, TransportatiOn Staff recommends the installation of two Permanent Traffic Counters, one at the main roadway entrance to the town (AMU Boulevard) and the other on Oil Well Road just East of the entranceway to separate background traffic. 3. Transportation Staff recommends the use of Transportation Demand Management strategies to reduce total vehicular miles traveled. Some possible approaches that may be adopted are: · The use of a transit unit to service Ave Maria. · Car-pool/van-pool programs. · Staggered service work schedules. 4. A Traffic signal may be required at the main project access intersection with Oil Well Road (AMU Boulevard). The Developer shall be responsible for providing annual traffic count data for all intersection approach lanes and peak hour turning movement counts on a quarterly basis. If, as and when Warranted, any such traffic signal shall be owned operated and maintained by Collier County. All capital costs for any such traffic signal installation, including traffic detectors, control hardware, dial-up or microwave telemetry, etc. shall be at the sole expense of the Developer. ~ 26 MAR 2 3 2004 5. All roadways within this development are to be privately maintained roads (either developer or HOA). Engineering - Transportation 1. Cross sections (B-2) indicate 90-degree parking off of a 13 foot wide travel lane. This is insufficient distance to back a vehicle out and make the radius. Recommend a 22 foot wide travel lane for 90 degree parking with a one-way travel lane. 2. In general, multi-use paths are undesirable: bicycles and pedestrians do not mix well. Separate bike and pedestrian facilities should be provided. If Separation is not feasible, additional width, signing and striping should be used to minimize conflicts. If the pathways are multi-use the materials should not be paver bricks as these are not bike friendly. Transportation - Pathways The subject documents were reviewed with respect to provision of Pathways. Most cross-sections referenced in the subject documents address the needs of pedestrians with the provision of sidewalks on both sides of all streets. Given this, the following comments primarily address the need to fully consider bicyclists and other non-motorized modes of transportation: 1. Steps need to be taken to mix users on the Multi-use path proposed for the entry road (cross sections R3, R4, R5). Increasing the width and signing/striping the pathway to separate pedestrians from bicyclists need to be considered. 2. The entry road can be properly classified a collector street. Given this, on street bike lanes should be installed. Note this will assist in separating users as noted in comment #1 above. 3. A standard width sidewalk should be provided on the other side of the entry road consistent with current LDC standards. Bike Lanes must be provided on both sides of collector and arterial streets consistent with current Collier County Land Development Code (CCLDC) Standards. 4. Given the nature of the project, cross sections within the University and town area should provide on-street bike lanes. This practice would help insure separation of bicyclists and pedestrians and result in a better multi-modal system. The following comments are provided for informational purposes and will be required to be addressed at the time of aoplication for Site Development Plan approval and/or Development of Regional Impact (DRI) application~ where appropriate. 27 IvIAR 2 3 200~ Fire District 1. Fire access is currently being revised by John English of Wilson Miller. This shall meet the Immokalee Fire District requirements. 2. Fire hydrant, FDC and building access is currently being revised by John English of Wilson Miller. These shall meet the Immokalee Fire District requirements. Natural Resources/Environmental 1. Required setbacks to preserves. All principal structures shall have a minimum 25-foot setback from the boundary of any preserve. Accessory structures and all other site alterations shall have a minimum ten foot setback from the boundary of any preserve. There shall be no site alterations within the first ten feet adjacent to any preserve unless it can be demonstrated that it will not adversely impact the integrity of that preserve. (i.e. Fill may be approved to be placed within ten feet of the upland preserve but may not be approved to be placed within ten feet of a wetland preserve, unless it can be demonstrated that it will not negatively impact that wetland.) 2. Provide an approved SFWMD jurisdictional determination line per GMP Policy 6.2.1. Historical and Archaeological 1. A professional cultural resource assessment shall be conducted during the DRI review process of the lands covered by this SRA application. Parks and Recreation 1. Staff requests 60 acres for a community park at the time of DRI application. The acreage and population would require the park per the Capitol Improvement Element of the Growth Management Plan. Collier County School Board Policy 4.17 of the County Comprehensive Plan's Future Land Use Element provides that, at a minimum, the SRA application will include an analysis of the impact on a list of public facilities and services to include public schools. The application has been reviewed and District staff finds that the application has not provided the required impact assessment for public schools. At a minimum, the applicant should provide the following: 1. Number of housing units by type. 2. An estimate of the number of students per housing unit type. 3. The number of school age children expected to reside in the development fo~ (elementary, middle and high school). 4. The specific schools that would be impacted at the horizon year for each level. 28 5. A letter from the School District, acknowledging receipt and providing validation of the estimated school age population information (as described above) with a statement of what capital improvement adjustments would be necessary to accommodate these additional students. 6. Size and location of site or sites that may be dedicated, or otherwise provided for a public educational facility on site. Utilities Department The provisions for the solid waste and recycling program drafted in the Dec 5, 2003 letter by the consultant for Ave Maria's solid waste issues, CDM, are satisfactory to address Public Utilities' and the County Manager's requested commitment items. Specific stipulations for future actions include: 1. On page. 5 of the Dec 9, 2003 Memorandum authored by Anita Jenkins (Wilson Miller) in response to the County SRA review items, the applicant has expressed the intent to apply for deviations to the minimum dimensions for maneuvering solid waste collection vehicles. It is not only County and Waste Management staff who need to be involved in reviewing these deviations, but staff from the Immokalee Disposal District must be involved also. During the Dec 9, 2003 meeting with County Public Utility staff, it was affirmed that the County will review these deviations; however, public safety will be paramount when considering them. 2. During DRI analysis, the possible need for an on-site transfer station will be evaluated. 3. A copy of Ave Mafia University's Solid Waste Plan, when available, shall be submitted for review to the Public Utilities Director of Solid Waste. Emer£encv Manaeement: Please allow this memorandum to serve as approval of the Ave Maria SRA review from the Dept. of Emergency Mgmt. In December 2003, I transmitted a memorandum regarding 13 items, which I respectfully requested to be addressed. The meeting on January 21, 2004, was extremely helpful and productive. It is my intention, based on our discussions to monitor the following issues: 1. Provide FEMA guidance to the design team to look at building wind performance issues in conjunction with the university's possible voluntary participation in disaster evacuation shelter programming. 2. Provide expertise on the standby power and generator design on some of the buildings associated with the emergency evacuation shelter discussion referenced in item 1. 4. Periodically, meet with the design team and fire officials from the Immokalee Fin in support of mutual emergency management concerns. 3. Monitor concerns associated with two-way radio transmission and reception within the buildings to ensure safe responses by public safety agencies. To include two-way radio tower needs and or in-building radio signal amplifiers. Dis~ict 29 MAR 2 3 200~ 5. Provide technical support in the event that hazardous materials or radiological materials' research is conducted on campus. 6. Formalize a request and specifications to have the campus provide for the storage of disaster supplies in support of the campus and the Immokalee community. 7. Assist with the coordination of two-way radio communication linkages between Ave Maria's central answering point and the Emergency Operations Center. Emergency Services Informational comment from Thomas White, Division Chief, Emergency Medical Services Department: Emergency Services staff has had multiple meetings with Tom Sansbury of Barron Collier reference the Ave Maria University. Members of the Immokalee Fire Department and the Sheriff's Office also attended many of these meetings. Mr. Sansbury welcomed our input at these meeting and was more than willing to go above and beyond to make sure we were consulted in reference to the emergency services needs at the university. The y have set aside property and are researching building design to house our services in a central location within the site. All concerns related to EMS have been satisfied beyond our expectations to date. END OF STAFF COMMENTS AND RECOMMENDATIONS PREPARED BY: ~'OSAN~MURRAY, AICP, DIRL{CTOR DATE DEPARTMENT OF ZONING & LAND DEVELOPMENT REVIEW REVIEWED BY: SAN MURRA~OR DATE DEPARTMENT OF ZONING & LAND DEVELOPMENT REVIEW COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES z-zs-oq COLLT~A~/~~G COMMISSION: RUSSELL A. BUDD, CHAIRMAN 30 IdAR 2 3 2006 1'0/27/2003 07:59 7744010 COUNTY NC_~OFER_ CIE PAGE 82 October 24, 2003 Jam~ V. Mudd Collier County Manager Collier County Government Center 3301 East Tamiami Trail Naples, Florida 34112 Re: Ave Maria - Transportation Mitigation Dear Mr. Mudd: I am writing you in my capacity as President of the managing joint venturer of New Town Developmera LLLP (herein "JV"), a joint venture of Ban-on Collier Company and Ave Maria University Foundation. This letter is to set forth J'V's commitment to work with thc County to provide an improved transportation network in the vicinity of Ave Maria, which includes Ave Maria University and the Town of Ave Maria. Thc TV is commit'tod to pay its "fair" share of necessary, improvements to the Collier County road system to fully mitigate the impacts oCAve Maria. As you arc well aware, one of the fundamental goals of the University and supporting Ave Maria Town is to internalize traffic. This "imcmalization" is a direct result of the character of thc University, where 95% of the students reside on campus, and a larg~ percentage of faculty and atari' reside on campus or in thc adjoining neighborhoods of' Ave Maria Town. Thc fimction of the to?'n, particularly in its early phases, is to provide the support services for the University, its students, faculty and staff and thus maximize the internalization of required trips. This letter is a statement of our undcr~tanding of joint and several efforts of JV and County staff to address transportation issues, as well as a commitment regarding right-of-way donation. In addition to the payment of' all lawfully enacted impact fees, Ban"on Collier, as a joint venturer in the JV, agrees to donate right-of-way under the conditions specified herein in order to further mitigate th, impacts of Ave Maria on the CounV/s road network, particularly the road system in reasonable proximity to Ave Maria. County staff and JV agree to work collaboratively to address transportation needs in the area around Ave Maria. In particular, County Manager and County staff will use their best efforts to have the expansion of Oil Well Road from Immokalce Road to Camp Keais Road and Camp Keais Road from Oil Well Road to Immokalee Road (hereinafter OW/CK road se. included in MPO's Long-Range Transportation Plan. In addition, JV and County staffI rill 2 3 2004 2600 (;OI.m~N G^'r~ P^~v^v · N^m.~:s, F~.o~m^ 34105 · (239) 262-2600 · FtMX. (239) 262-~ ' 1'0/27/2003 87:59 77440~0 COLINTY~I~E'R_0E: PAC_~ 03 Mr. James V. Mudd October 24, 2003 Page 2 their best efforts to have those improvements to OW/CK road segments included in the State's five-year work program in order for County expenditures for road improvements thereon to be eligible for reimbursement with state or federal dollars. County staff will undertake to ensue that impact fees from Ave Mafia are utilized for wad capacity improvements to the OW/CK road segments uutil funding for the four laning of those segments is in place and dedicated to that purpose. Barton Collier Company agrees to make the following right-of-way donations total/rig approximately 115 acres to the County after approval of the SRA fo.~ fl~e Ave Maria Town and University mad the issuance of a Development of Regional Impact Development Ordex for that development, and no later than 30 days after the four laning improvemenm for the OW/CK road segments are included in the first three years of the County's CIE. The~e donations will bc sufficient to allow six Iaoing of these mad segments in the future. Oil Well Road - Barron Collier interests own land for approximately 3-1/2 miles on the north side of Oil Well Road starting at Camp Keais Road and proceeding to the west. Ban'on Collier agrees to donate sufficient right-of- way on that section so that the County has 200 feet of right-of-way for the expansion of Oil Well Road, subject to the conditions set forth herein. Camp Keais Road - Barron Collier interests owns land ~ong the west side of the entire S-mile section of Camp Keais Road from lmmokalee Road to Oil Well Road. Barron Collier agrees to donate sufficient right-of-way on that section so that the County has 200 feet of fight-of-way for the expansion of Camp Keais Road, subject to the conditions set forth herein. These donations shall convey fee title, and JV and Baxron Collier agree not to seek in~act fee credits for said donations. County understands that a condition of the donation of approxin~ately 1 I5 acres of fight-of- way for improvements to OW/CK road segments is th~ right of Tv' to utilize the value of that donation to demonstrate its mitigation of impacts to the regional road network during the DRI process. A further condition of the donation of fight-of-way as set forth herein is that the Oil Well Road-Camp Keais Road alternative is prioritized over the four-laning of the Immokalee Road segment from Oil Well Road to the intersection of Immokalee Road and Camp Reals Road. In addition, County staff will use its best efforts to accelerate the timiug of the four- laning of these road segments, with the expectation of achieving 4 laning in tho 2010 time frame. County and IV will work collaborafively to choose the appropriate roadway cross section(s) for the OW/CK road segments four laning, including medians, drainage, storm water retention . ponds, etc. The expansion of these road segments will also aid in the transition from rural uses to the soufla and east of Oil Well and Camp Keais Roads, respectively, to the more de' ,clot}ed nature of Ave Maria property to thc north and west of said road segmentS. AGENOA~,,' MAR 2 3 200 18/27/2883 87:59 7744818 C[I~TY ~ 0FER_ OE PAGE 04 Mr. J,'u'nes V. Mudd October 24, 2003 Page 3 The commitment and intentions of the parties herein will be memorialized in a CoQier County Development Order, Developer Contribution Agreement, or Development Agreement pursuant. to subsection 380.06 of th.e Florida Statutes. Since the impacts of this project will be the subject of analysis dtu'ing the DRI process, it is thc intent of thc parti~ to formalize the commitments made herein during that ti.mc frame. In addition and subject to the requiremems of the Collier County Ordinances regarding the same, the parties shall have the option to enter into an agreement granting vested rights as to certain aspects of Ave Mafia as a r~ult of the donation set forth herein aud the prepayment of impact fees for some poniun of the development contemplated in the DRL Until .such time as thc four larfing of thc OW/CK road segments are four laned, any such prepayment of impact fees shall be used solely for expansion of the OW/CK road segments. I think this letter reflects a correct statement of the parties' intentions and, through our commitment to donate a substantial amount of right--of-way, oar willingness to work coltaboratqvely with the County to address matter~ o£material interest and cone, em. Paul~rinelli, President Baff~n Colh'er Companies RESOLUTION 2004- A RESOLUTION OF THE COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS DESIGNATING 960 ACRES WITHIN THE RURAL LAND STEWARDSHIP AREA ZONING OVERLAY DISTRICT AS A STEWARDSHIP RECEIVING AREA, APPROVING THE PRELIMINARY STEWARDSHIP RECEIVING AREA CREDIT AGREEMENT FOR AVE MARIA, AND ESTABLISHING THE NUMBER OF STEWARDSHIP CREDITS BEING UTILIZED BY THE DESIGNATION OF THE AVE MARIA STEWARDSHIP RECEIVING AREA WHEREAS, New Town Development LL.L.P., a Florida limited liability limited' partnership ("Applicant") has applied for Stewardship Receiving Area designation pursuant to Section 2.2.27.10 D. of the Collier County Land Development Code ("LDC") for the initial phases of Ave Maria University and the town of Ave Maria (herein jointly referred to as "Ave Maria SPA"), which is approximately nine hundred and sixty (960) acres in size; and WHEREAS, the development provided for within Ave Maria SPA will constitute a development of regional impact pursuant to Section 380.06, Florida Statutes; and WHEREAS, Collier County Staff and the Collier County Planning Commission have reviewed the SRA Designation Application ("Application"), along with all support documentation and information required by LDC Section 2.2.2710.E. & F., and determined that the Application is consistent with the Rural Lands Stewardship Area Zoning Overlay District, and requirements of Section 2.2.27 of the LDC, specifically the suitability criteria of Section 2.2.27.10.A. 1 of the LDC; and WHEREAS, Applicant has demonstrated its ownership of the necessary Stewardship Sending Area I"SSA") Stewardship Credits to be utilized by the Ave Maria SRA by its approved SSA Credit and Easement Agreements for Areas I through 4; and WHEREAS, Applicant seeks to utilize a portion of the Stewardship Credits generated from the Board's designation of BCI/BCP SSAs 1-4, respectively, to entitle designation of the Ave MariaSRA. NOW, THEREFORE, be it resolved by the Board of County Commissioners of Collier County, Florida (the "Board"), that: The Board hereby approves and designates as the Ave Maria SRA the nine hundred and sixty (960) acres described in the legal description attached as Exhibit "A." 2. The Board hereby approves the Preliminary Stewardship Receiving Are~ Credit Agreement, a copy of which is attached hereto as Exhibit "B," requiring Applicant to transfer and assign five thousand and sixty-four (5064) Stewardship Credits to Collier County. 3. The Preliminary Stewardship Receiving Area Credit Agreement itself has attached thereto as exhibits a Master Plan and Land Use Summary which identify the number of units, gross leaseable square footage of retail and office uses, and the other land uses depicted on the Ave Maria Master Plan, alt of which are likewise hereby approved. H:\Public\Patrick\PGWAveMadaU\SRA do×\SRA RESO 2004 (022504-1325).doc MAR 2 3 THIS RESOLUTION ADOPTED this 23rd day of March, 2004, after a Motion, seconded, and majority vote favodng same. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA ATTEST: DWIGHT E. BROCK , Deputy Clerk By: Donna Fiala, Chairman B~y~P~a~,.~c~:.~iteed .as to formand Assistant County Attorney H:\Public\Patrick~PGWAveMar~aU\SRA dox\SRA RESO 2004 (022504-1325).doc AC-~.NDA rl'~v~ ~ 2 3 2OOt~ Appendix A DESCRIPTION OF PART OF SECTIONS 4, 5, 8, 9, 16, AND 17, TOWNSHIP 48 SOUTH, RANGE 29 EAST AND PART OF SECTIONS 31, 32 AND 33, TOWNSHIP 47 SOUTH, RANGE 29 EAST, GOLIER COUNTY, FLORIDA. (SRA. LANDS) COMMENCING AT THE SoL~rHEAST CORNER OF SECTION 17, TOWNSHIP 48 SOUTH, RANGE 29 EAST, COLLIER COUNTY, FLORIDA; THENCE NORTH 01 °04' 10~ WEST 50.00 FEET TO A POINT ON THE NORTH RIGHT-OF-WAY LINE OF OIL WELL ROAD THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED; THENCE ALONG SAID RIGHT-OF-WAY LINE SOUTH 88°5T06" WEST 152.15 FEET; THENCE LEAVING SAID RIGHT-OF-WAY LINE NORTH 01°07"23- WEST 300.01 FEET; THENCE NORTH 8805507" EAST 25.00 FEET; THENCE NORTH 01007'23- WEST 828.81 FEET; THENCE 233.80 FEET ALONG THE ARC OF A CIRCULAR CURVE CONCAVE EAST HAVING A RADIUS OF 2,565.00 FEET THROUGH CENTRAL ANGLE OF 05°13'21' AND BEING SUBTENDED BY A CHORD WHICH BEARS NORTH 01°2~17- EAST 233.72 FEET; THENCE NORTH 04005'59. EAST 217.57 FEET; THENCE 201.69 FEET ALONG THE ARC OF A CIRCULAR CURVE CONCAVE WEST HAVING A RADIUS OF 2,435.00 FEET THROUGH CENTRAL ANGLE OF 04044'45" AND BEING SUBTENDED BY A CHORD WHICH BEARS NORTH 01043'37- EAST 201.63 FEET; THENCE NORTH 00~38'46" WEST 3,447.26 FEET; THENCE NORTH 90~00'00~ WEST 88.21 FEET; THENCE NORTH 00037'28" WEST 68.71 FEET; THENCE SOUTH 89.5~744" WEST 459.34 FEET; THENCE NORTH 14018'07" EAST 815.51 FEET; THENCE 262.16 FEET ALONG THE ARC OF A NON-TANGENTIAL CIRCULAR CURVE CONCAVE NORTHEAST HAVING A RADIUS OF 1,704.00 FEET THROUGH A CENTRAL ANGLE OF 08048'54" AND BEING SUBTENDED BY A CHORD WHICH BEARS NORTH 27~44'52- WEST 261.90 FEET; THENCE NORTH 23021725- WEST 200.98 FEET; THENCE 174.95 FEET ALONG THE ARC OF A CIRCULAR CURVE CONCAVE SOUTHWEST HAVING A RADIUS OF 2,856.00 FEET THROUGH CENTRAL ANGLE OF 03030'35" AND BEING SUBTENDED BY A CHORD WHICH BEARS NORTH 25005'43- WEST 174.92 FEET; THENCE NORTH 26°51'00' WEST 376.20 FEET; THENCE 408.42 FEET ALONG THE ARC OF A CIRCULAR CURVE CONCAVE SOUTHWEST HAVING A RADIUS OF 942.00 FEET THROUGH CENTRAL ANGLE OF 24°5(7:30" AND BEING SUBTENDED BY A CHORD WHICH BEARS NORTH 39°1515- WEST 405.23 FEET; THENCE NORTH 51°41.30- WEST 198.82 FEET; THENCE 625.00 FEET ALONG THE ARC OF A CIRCULAR CURVE CONCAVE NORTHEAST HAVING A RADIUS OF 944.00 FEET THROUGH CENTRAL ANGLE OF 37056'04. AND BEING SUBTENDED BY A CHORD WHICH BEARS NORTH 32O43'28" WEST 613.65 FEET; THENCE NORTH 13045'26" WEST 203.04 FEET; THENCE 450.95 FEET ALONG THE ARC OF A CIRCULAR CURVE CONCAVE SOUTHVV~ST HAVING A RADIUS OF 656.00 FEET THROUGH CENTRAL ANGLE OF 39.;23'12' AND BEING SUBTENDED BY A CHORD WHICH BEARS NORTH 33°27"02- WEST 442.13 FEET; THENCE NORTH 53°08'38" WEST 165.44 FEET; THENCE 850.96 FEET ALONG THE ARC OF A CIRCULAR CURVE CONCAVE NORTHEAST HAVING A RADIUS OF 1,134.00 FEET THROUGH CENTRAL ANGLE OF 42o59'42- AND BEING SUBTENDED BY A CHORD WHICH BEARS NORTH 31°38'47- WEST 831.13 FEET; THENCE NORTH 10~08'56" WEST 331.86 FEET; THENCE NORTH 79°44'18" WEST 326.16 FEET; THENCE NORTH 70°0~21" WEST 478.54 FEET; THENCE NORTH 76°5~51' WEST 752.14 FEET; THENCE NORTH 73°5533. WEST 22.49 FEET; THENCE NORTH 11°21'52- EAST 53.64 FEET; THENCE NORTH 06°58'17'' WEST 43.67 FEET; THENCE NORTH 6002(746" EAST 94.06 FEET; THENCE NORTH 14°4Z46" EAST 42.02 FEET; THENCE NORTH 52°2'Z08" EAST 29.10 FEET; THENCE NORTH 05°13'18" EAST 37.01 FEET; THENCE NORTH 07°13'16" WEST 185.10 FEET; MAR 2 3 Town Plan AVE MARIA Page 1 1 5 THENCE NORTH 08055'50' WEST 66.36 FEET; THENCE NORTH 08°35'26' WEST 70.11 FEET; THENCE NORTH 03°30'28- EAST 24.24 FEET; THENCE NORTH 0c~22'~' EAST 32.62 FEET; THENCE NORTH 32°03'11" EASi' 61,35 FEET; THENCE NORTH 41°59'52' EAST 54.16 FEET; THENCE EAST 44.15 FEET; THENCE EAST 80.40 FEET; THENCE EAST 42.43 FEET; THENCE EAST 71.16 FEET; THENCE EAST 55.95 FEET; THENCE EAST 63.172 FEET; EAST 41.51 FEET; EAST 74.98 FEET; EAST 42.97 FEET; EAST 57.43 FEET; EAST 70.22 FEET: EAST 99.31 FEET! EAST 56.76 FEET; EAST 70.23 FEET; EAST 52.90 FEET; THENCE NORTH 77~16'18" EAST 51.33 FEET; THENCE NORTH 64~2(723' EAST 9.49 FEET; THENCE NORTH 23*58'25' EAST 60.47 FEET; THENCE NORTH 39~27"42' EAST 136.05 FEET; THENCE NORTH 18°1Z03' EAST 123.70 FEET; THENCE NORTH 16~2~:30" WEST 137.54 FEET; THENCE NORTH 45°55'34' WEST 133.51 FEET; THENCE NORTH 84'43'21' VVEST 101.26 FEET; THENCE SOUTH 87°0~53' WEST 375.05 FEET; THENCE SOUTH 86~31'55" WEST 296.36 FEET; THENCE NORTH 0:Z'2~ 11' WEST 3,104.72 FEET; THENCE NORTH 76~23'06' WEST 610.78 FEET; THENCE NORTH 31'01'09' EAST 504.09 FEET; THENCE NORTH 02~2~11" WEST 1,017.09 FEET; THENCE NORTH 87°3(749" EAST 308.56 FEET; THENCE NORTH 02~2~11' WEST 304.14 FEET; THENCE SOUTH 87*30'49' WEST 1,366.76 FEET; THENCE NORTH 02~2~11' WEST 1,235.57 FEET; THENCE SOUTH 87°3(~49" WEST 128.48 FEET; NORTH 46~38'59' NORTH 40~ 1W34' NORTH 39~31746" NORTH 52~07"39' NORTH 6(P 17" 11' NORTH 68°43'34" THENCE NORTH 86~1Z19' THENCE SOUTH 75'3~58' THENCE NORTH 78°56'50- THENCE NORTH 69~31'07" THENCE NORTH 75*37"20' THENCE SOUTH 7Z'08'39" THENCE SOUTH 56~5Z50' THENCE SOUTH 56~5Z18" THENCE SOUTH 70~35'59' THENCE SOUTH 85°1Z15' THENCE NORTH 85°47"37" WHICH BEARS SOUTH 02°4Z13" EAST 300.91 FEET; THENCE 124.12 FEET ALONG THE ARC OF A NON-TANGENTIAL CIRCULAR CURVE CONCAVE EAST H~ RADIUS OF 499.46 FEET THROUGH A CENTRAL ANGLE OF 14°14'20" AND BEING SUBTENDED BY A CP THENCE 56.19 FEET ALONG THE ARC OF A CIRCULAR CURVE CONCAVE NORTH, HAVING A RADIUS OF 359.94 FEET THROUGH A CENTRAL ANGLE OF 08o56'38', SUBTENDED BY A CHORD WHICH BEARS SOUTH 89°2~57' WEST, 56.13 FEET; THENCE 290.41 FEET ALONG THE ARC OF A CIRCULAR CURVE CONCAVE SOUTH, HAVING A RADIUS OF 1,317.54 FEET THROUGH A CENTRAL ANGLE OF 12°37"44" SUBTENDED BY A CHORD WHICH BEARS SOUTH 87°39'25- WEST 289.82 FEET TO A POINT OF REVERSE CURVATURE; THENCE 63.22 FEET ALONG THE ARC OF A CIRCULAR CURVE CONCAVE NORTH, HAVING A RADIUS OF 545.85 FEET THROUGH A CENTRAL ANGLE OF 06°38'08- SUBTENDED BY A CHORD WHICH BEARS SOUTH 84'39'37' WEST 63.18 FEET TO A POINT OF REVERSE CURVATURE; THENCE 51.02 FEET ALONG THE ARC OFA CIRCULAR CURVE CONCAVE SOUTHEAST, HAVING A RADIUS OF 30.00 FEET THROUGH A CENTRAL ANGLE OF 97~26'06" SUBTENDED BY A CHORD WHICH BEARS SOUTH 39015'38" WEST 45.09 FEET; THENCE 301.67 FEET ALONG THE ARC OF A NON-TANGENTIAL CIRCULAR CURVE CONCAVE WEST H ~%-;;;~, ~ .... . .... RADIUS OF 1,227.89 FEET THROUGH A CENTRAL ANGLE OF 14004'35" AND BEING SUBTENDED BY A C ~ORD VING A WHICH BEARS SOUTH 02047"00" EAST 123.80 FEET; THENCE SOUTH 89°59"3~ WEST 328.87 FEET; )RDNAR 2 3 200~ Town Plan AVE MARIA Page 116 DF.,3C'R.~:~30~ OF PA.I~T OF STr.,CT~O~,r~ 4, ~;, 8,9.16,.a,.t,l'D 17, TO~91/]~1~]~:~ 48 ~)I.1T):[, ~(1~ A.,xl'O P.A.RT OF 8'EC'T[O[q~ 31, 32 C OL,l~a.. COI:~IT ~, THENCE 119.31 FEET ALONG THE ARC OF A NON-TANGENTIAL CIRCULAR CURVE CONC_JkVE SOUTHEAST HAVING A RADIUS OF 79.84 FEET THROUGH A CENTRAL ANGLE OF 85036`53" AND BEING SUBTENDED BY A CHORD WHICH BEARS SOUTH 44°59,53" WEST 108.51 FEET; THENCE SOUTH 00°0(714' WEST 477.81 FEET; THENCE 157.68 FEET ALONG THE ARC OFA NON-TANGENTIAL CIRCULAR CURVE CO61C4~VE NORTH HAVING A RADIUS OF 1,148.59 FEET THROUGH A CENTRAL ANGLE OF 07°51'57- AND BEING SUBTENDED BY A CHORD WHICH BEARS NORTH 89°0~10' WEST 157.56 FEET TO A P(~NT C)F REVERSE CURVATURE; THENCE 39.32 FEET ALONG THE ARC OF A CIRCULAR CURVE CONCAVE SOUTH, HAVING A RADIUS OF 374.58 FEET THROUGH A CENTRAL ANGLE OF 06000'54- SUBTENDED BY A CHORD WHICH BEARS NORTH 88006"39' WEST 39.31 FEET TO A POINT OF REVERSE CURVATURE; THENCE 43.80 FEET ALONG THE ARC OF A CIRCULAR CURVE CONCAVE NORTH, HAVING A RADIUS OF 110.00 FEET THROUGH A CENTRAL ANGLE OF 22048'48' SUBTENDED BY A CHORD WHICH BEARS NORTH 79042'42- WEST 43.51 FEET; THENCE NORTH 68°18'18" WEST 231.88 FEET; THENCE NORTH 32023'59" EAST 24.06 FEET; THENCE 334.86 FEET ALONG THE ARC OF A NON-TANGENTIAL CIRCULAR CURVE CC~I~VE VVEST HAVING A RADIUS OF 272.47 FEET THROUGH A CENTRAL ANGLE OF 70~24'53' AND BE1NG SUBTENDED BY A CHORD WHICH BEARS NORTH 06°25~1' WEST 314.18 FEET; THENCE NORTH 41°37"27' WEST 133.20 FEET; THENCE 184.59 FEET ALONG THE ARC OF A CIRCULAR CURVE CONCAVE SOUTHWEST HAVING A RADIUS OF 573.31 FEET THROUGH CENTRAL ANGLE OF 18°26'51- AND BEING SUBTENDED BY A CHORD WHICH BEARS NORTH 50°5(7520 WEST 183.79 FEET; THENCE NORTH 6(7'04'18' WEST 149.31 FEET; THENCE 44.35 FEET ALONG THE ARC OF A CIRCULAR CURVE CONCAVE EAST HAVING A RADIUS OF 30.00 FEET THROUGH CENTRAL ANGLE OF 84°41'37- AND BEING SUBTENDED BYA CHORD WHICH BEARS NORTH 17~43'29' WEST 40.42 FEET; THENCE NORTH 24°37'19' EAST 671.68 FEET; THENCE NORTH 87030'49- EAST 2,189.29 FEET; THENCE 624.77 FEET ALONG THE ARC OF A CIRCULAR CURVE CONCAVE NORTHWEST HAVING A RADIUS OF 845.00 FEET THROUGH CENTRAL ANGLE OF 42°21'46' AND BEING SUBTENDED BY A CHORD WHICH BEARS NORTH 66o19,56- FAST 610.63 FEET; THENCE NORTH 45009'03.' EAST 893.05 FEET; THENCE 1,931.65 FEET ALONG THE ARC OF A NON-TANGENTIAL CIRCULAR CURVE CONCAVE SOUTHWEST HAVING A RADIUS OF 3,854.60 FEET THROUGH A CENTRAL ANGLE OF 28°4Z45" AND BEING SUBTENDED BYA CHORD WHICH BEARS SOUTH 39°44'44" EAST 1,911.50 FEET; THENCE NORTH 87°30~45' EAST 512.97 FEET; THENCE 835.82 FEET ALONG THE ARC OF A CIRCULAR CURVE CONCAVE NORTHWEST HAVING A RADIUS OF 786.05 FEET THROUGH CENTRAL ANGLE OF 60°55'24- AND BEING SUBTENDED BY A CHORD WHICH BEARS NORTH 57°03'03' EAST 796.99 FEET; THENCE NORTH 26°35'21' EAST 87.01 FEET; THENCE SOUTH 64°51"28' EAST 267.96 FEET; THENCE SOUTH 25°08~2" WEST 521.00 FEET; THENCE SOUTH 64051"28- EAST 1,058.09 FEET; THENCE NORTH 8703(749- EAST 99.09 FEET; THENCE NORTH 76°26`09" EAST 343.38 FEET; THENCE SOUTH 13°33'51- EAST 645.07 FEET; THENCE NORTH 76026'09- EAST 828.93 FEET; THENCE SOUTH 0202~11' EAST 1,541.28 FEET; THENCE SOUTH 58°28'52- EAST 1,'091.94 FEET; THENCE SOUTH 72°24'55' EAST 123.57 FEET; THENCE SOUTH 00°5(718- EAST 2,778.59 FEET; THENCE NORTH 65°5(745" WEST 1,440.28 FEET; THENCE NORTH 68°25'29" WEST 1,163.95 FEET; THENCE SOUTH 01°08~8" EAST 478.62 FEET; THENCE SOUTH 08°0~24' EAST 248.97 FEET; THENCE SOUTH 11°45'27- EAST 99.84 FEET; THENCE SOUTH 84°37"57- WEST 532.09 FEET; THENCE NORTH 69057"30- WEST 320.60 FEET; THENCE NORTH 72010'52' WEST 149.13 FEET; THENCE SOUTH 87°3~49- WEST 120.64 FEET; THENCE SOUTH 75°4(719" WEST 113.40 FEET; THENCE SOUTH 76054'37" WEST 137.53 FEET; MAR 2 3 200/+ Town Plan ! AVE MARIA Page 1 17 DESCP2FI~ON OF PART OF SF-.CTIOI'~ ~. ~. 8. 9, 16. AND 17, TOW~q~P 48 SOOTH, RANGE ~E~ ~ P~ OF ~O~ ~l. ~ ~ ~3, TO~ ~ ~ ~OE ~ ~. THENCE SOUTH 78°04'44- WEST 137.61 FEET; THENCE SOUTH 85°59"31· WEST 147.36 FEET; THENCE SOUTH 87°1~51' WEST 78.27 FEET; THENCE SOUTH 79°33"25' WEST 91.52 FEET; THENCE SOUTH 73°47"26- WEST 121.85 FEET; THENCE NORTH 70~11':35' WEST 56.27 FEET; THENCE NORTH 44°01'39- WEST 41.89 FEET; THENCE NORTH 37~14'40' WEST 109.33 FEET; THENCE NORTH 32~15'20" WEST 109.79 FEET; THENCE NORTH 24°04'55- WEST 113.34 FEET; THENCE NORTH 11°44'07- WEST 98.88 FEET; THENCE NORTH 05°2~50' WEST 73.74 FEET; THENCE NORTH 00~3~716' WEST 115.82 FEET; THENCE NORTH 26~l~34'WEST 22.24 FEET; THENCE NORTH 76035'34- WEST 126.09 FEET; THENCE NORTH 79~3~00' WEST 108.03 FEET THENCE SOUTH 28°45'11' WEST 137.49 FEET; THENCE SOUTH 17°40~9" WEST 176.68 FEET; THENCE SOUTH 04°39'56- WEST 145.63 FEET; THENCE SOUTH 02"41~36' WEST 138.35 FEET; THENCE SOUTH 08°59~9' WEST 128.97 FEET; THENCE SOUTH 06~08'58' WEST 179.87 FEET; THENCE SOUTH 05°17"07- EAST 87.75 FEET; THENCE SOUTH 02~4(709' WEST 147.05 FEET; THENCE SOUTH 01°54~4' WEST 161.29 FEET; THENCE SOUTH 77-5~29' EAST 3.04 FEET; THENCE SOUTH 74°35'46- EAST 51.77 FEET; THENCE SOUTH 70°01'38" EAST 58.92 FEET; THENCE SOUTH 69°0~31" EAST 47.50 FEET; THENCE SOUTH 71°1:Z32" EAST 33.37 FEET; THENCE SOUTH 73°24'49" EAST 89,77 FEET; THENCE SOUTH 73°01'38- EAST 34.47 FEET; THENCE SOUTH 74°32~3" EAST 112.54 FEET; THENCE SOUTH 72~17"25" EAST 62.46 FEET; THENCE SOUTH 71°01'40.. EAST 34.26 FEET; THENCE SOUTH 02~29'11" EAST 709.84 FEET; THENCE NORTH 75°5(Y56' WEST 444.27 FEET; THENCE SOUTH 08°2T55" EAST 37.78 FEET; THENCE SOUTH 42~5~19" WEST 13,27 FEET; THENCE NORTH 77017"33" WEST 6.20 FEET; THENCE SOUTH 55°37"11" WEST 24.49 FEET; THENCE SOUTH 45°00'00" WEST 16.48 FEET; THENCE SOUTH 59°3~04" EAST 10.45 FEET; THENCE SOUTH 53°07"49" EAST 8.74 FEET; THENCE 167.63 FEET ALONG THE ARC OF A NON-TANGENTIAL CIRCULAR CURVE CONCAVE EAST HAVING A RADIUS OF 4,890.00 FEET THROUGH A CENTRAL ANGLE OF 01°57"51" AND BEING SUBTENDED BY A CHORD WHICH BEARS SOUTH 09°1(701" EAST 167.62 FEET; THENCE SOUTH 10~08'56' EAST 95.49 FEET; THENCE NORTH 79051'04- EAST 10.00 FEET; THENCE SOUTH 10°08'56- EAST 164.38 FEET; THENCE NORTH 79"51'04" EAST 7.00 FEET; THENCE SOUTH 10~08'56" EAST 200.00 FEET; THENCE SOUTH 79"5194" WEST 7.00 FEET; THENCE SOUTH 10°08'56- EAST 322.27 FEET; THENCE 550.79 FEET ALONG THE ARC OF A CIRCULAR CURVE CONCAVE NORTHEAST HAVING ARA 880.00 FEET THROUGH CENTRAL ANGLE OF 35°51'41- AND BEING SUBTENDED BY A CHORD WHICH SOUTH 28004'46" EAST 541 84 FEET; THENCE SOUTH 02°58'02' WEST 43.29 FEET; THENCE SOUTH 59"31'47" EAST 485.37 FEET; THENCE SOUTH 36°48'05" EAST 170.26 FEET; THENCE SOUTH 18005'46" EAST 197.68 FEET; THENCE SOUTH 04o45'28- EAST 334.16 FEET; NAR23 200 AppendiCe~-~ Town Plan AVE MARIA Page 1 18 THENCE THENCE THENCE THENCE THENCE THENCE THENCE THENCE THENCE THENCE THENCE THENCE SOUTH 37°35'44" EAST 190.78 FEET; SOUTH 48°41'00- EAST 208.36 FEET; SOUTH 49057'47" EAST 140.57 FEET; SOUTH 52~11'11' EAST 138.06 FEET; SOUTH 33°10'11' EAST 169.53 FEET; SOUTH 26o51'00- EAST 604.84 FEET; SOUTH 26O43'42- EAST 352.42 FEET; SOUTH 19o59'25- EAST 242.07 FEET; ,SOUTH 36o55'06" EAST 207.95 FEET; SOUTH 37°29'54" EAST 217.89 FEET; SOUTH 29o47'57" EAST 101.25 FEET; SOUTH 14046'59" EAST 83.29 FEET; THENCE 348.39 FEET ALONG THE ARC OF A NON-TANGENTIAL CIRCULAR CURVE CONCAVE WEST HAVING A RADIUS OF 723.88 FEET THROIJGH A CENTRAL ANGLE OF 27034'32- AND BEING SUBTENDED BYA CHORD WHICH BEARS SOUTH 15°55'37- EAST 345.04 FEET; THENCE NORTH 9000(70" EAST 100.38 FEET; THENCE 103.20 FEET ALONG THE ARC OF A NOI~TANGENTIAL CIRCULAR CURVE CONCAVE WEST HAVING A RADIUS OF 1,415.00 FEET THROUGH A CENTRAL ANGLE OF 04o10'43' AND BEING SUBTENDED BY A CHORD WHICH BEARS SOUTH 02°4~50- EAST 103.17 FEET; THENCE SOUTH 00°37'26" FAST 84.33 FEET; THENCE NORTH 90°0(700" WEST 71.80 FEET; THENCE SOUTH 00038'46- EAST 3,444.22 FEET; THENCE 224.06 FEET ALONG THE ARC OF A CIRCULAR CURVE CONCAVE WEST HAVING A RADIUS OF 2,705.00 FEET THROUGH CENTRAL ANGLE OF 04°44'45* AND BEING SUBTENDED BY A CHORD VVHICH BEARS SOUTH 01°43'36" WEST 223.99 FEET; THENCE SOUTH 04o05'59- WEST 217.57 FEET; THENCE 153.39 FEET ALONG THE ARC OF A CIRCULAR CURVE CONCAVE EAST HAVING A RADIUS OF 2,295.00 FEET THROUGH CENTRAL ANGLE OF 03o49'46- AND BEING SUBTENDED BY A CHORD WHICH BEARS SOUTH 02°11'06" WEST 153.36 FEET; THENCE SOUTH 06O34'56" EAST 1,190.33 FEET TO THE NORTH RIGHT, DF-WAY LINE OF OIL WELL ROAD; THENCE ALONG SAID RIGHT-OF-WAY LINE SOUTH 88o54'34- WEST 256.78 FEET TO THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED. CONTAINING 969.61 ACRES, MORE OR LESS. SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. BEARINGS ARE BASED ON THE SOUTH LINE OF SECTION 17, TOWNSHIP 48 SOUTH, RANGE 29 EAST, COLLIER COUNTY, FLORIDA BEING SOUTH 88°57'06" WEST. WILSONMILLER, INC. REGISTERED ENGINEERS AND LAND SURVEYORS CERTIFICATE OF AUTHORIZATION #L~43. BY: 7-9-03 BRADLEY E. STOCKHAM, P.S.M. ~390 DATE NOT VALID UNLESS EMBOSSED WITH THE PROFESSIONAL'S SEAL. REF. 2H-48 W.O.: 03786-001-000-MABS2 DATE 7/9/03 IqAR 2 3 200 t Appencl ce Town Plan AVE MARIA Page 119 AVE MARIA PRELIMINARY STEWARDSHIP RECEIVING AREA CREDIT AGREEMENT THIS AVE MARIA PRELIMINARY STEWARDSHIP RECEIVING AREA CREDIT AGREEMENT (hereinafter referred to as the "Agreement") is made and entered this day of , 2004, by and between COLLIER COUNTY, a political subdivision of the State of Florida, hereinafter referred to as "County" whose mailing address is the Harmon Turner Building, 3301 East Tamiami Trail, Naples, Florida 34112, and New Town Development, LLLP, a Florida Limited Liability Limited Partnership, hereinafter referred to as" New Town", who mailing 'address is 2600 Golden Gate Parkway, Naples, Florida 34105, for the purpose of designating the number of Stewardship Sending Area (SSA) Credits transferred in exchange for the designation of that development described below and hereinafter referred to as "Ave Maria" as a Stewardship Receiving Area, specifying the source of those SSA credits. RECITALS New Town has applied for Stewardship Receiving Area ("SRA") designation for Ave Maria, which includes the initial phases of Ave Maria University and the Town of Ave Maria, jointly referred to as "Ave Maria", which is approximately 960 acres in size. The County has reviewed the SPA Designation Application, along with all support documentation and information required by Section 2.2.27 of the Collier County Land Development Code (LDC) and determined that SRA designation for Ave Maria is appropriate. The County and New Town have reached agreement on the number of Stewardship Sending Area Credits ("Stewardship Credits") required to be utilized for such designation. The County and New ToWn agree that this Preliminary SPA Credit Agreement is in compliance with and fully meets the requirements of the Collier County Growth Management Plan and LDC in effect as of the date of this Agreement. NOW THEREFORE in consideration of the above premises and the expenditure of credits and authorizations granted hereby and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: New Town is hereby transferring 5064 Stewardship Credits which shall be applied to the SPA land described in Exhibit "A" in order to carry out the plan of development on the 960 acres proposed in the Ave Maria Development Document and summarized hereinafter. ..~.~ - NAR 2 3~"~'~ Exhibit "A" is the legal description of the 960 acres that constitute the Ave Maria SRA. Pursuant to LDC Section 2.2.27.10.C.6, an SPA designation may be submitted prior to a Development of Regional Impact Application for Development Approval, in conjunction with a Preliminary Development Agreement application. That process was followed here, and the County has been requested to enter into this Preliminary SPA Credit Agreement pursuant to LDC Section 2.2.27.10.D.11 establishing those Stewardship Credits needed in order to develop the Preliminary Development Agreement authorized development. Attached hereto is Exhibit "B", the Ave Maria Master Plan, which depicts the land uses within the SRA. Also attached as Exhibit "C" is the Ave Maria Land Use Summary which identifies the number of residential dwelling units, gross leasable square footage of retail and office uses, and the other land uses depicted on the Ave Maria Master Plan. Pursuant to LDC Section 2.2.27.10.B.2., the designation of an SPA requires eight Stewardship Credits to be transferred to an SPA in exchange for the development of one acre of land within Ave Maria. New Town is transferring enough Stewardship Credits to allow development on 633 acres, although there are less than 633 acres within Ave Maria that require the transfer of Credits, since the open space within the Town of Ave Maria exceeds 35% and the designation of Ave Maria University does not consume Credits. This excess open space may be designated for development in the subsequent Development of Regional Impact or may be utilized as part of the required open space for said Development of Regional Impact. However, once the 5064 credits are transferred, they may not be recaptured by New Town. New Town will be utilizing credits generated from SSA Application Number AR-4359, which is designating Stewardship Sending Areas I 4 respectively and which is expected to generate 7883.6 SSA Stewardship Credits. Pursuant to Resolution 2.004 - , approved on March 23, 2004, the County has approved Ave Maria as an SRA consisting of 960 acres and has approved the Ave Maria Master Plan and Development Document. New Town, as applicant, acknowledges that development of SPA land may not commence until the applicant has recorded an SPA Credit Agreement Memorandum with the Collier County Clerk of Courts. This Agreement may only be amended by written agreemelt MAR23200~ ! parties hereto. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their duly authorized officers or representative and their official seals hereto affixed the day and year first wdtten above. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA DWIGHT E. BROCK, CLERK By:_ DONNA FIALA, CHAIRMAN APPROVED AS TO FORM AND By: Patrick G. White Assistant County Attorney WITNESSES: (Signature) (Print full name) NEW TOWN DEVELOPMENT, LLLP., A Florida Limited Liability Limited Partnership By: Its: (Signature) (Print full name) STATE OF COUNTY OF The foregoing Preliminary Stewardship Receiving Area Credit Agreement was executed before me this ~ day of _, 2004, by , as of New Town Development, LLLP, LTD. Notary Public HAR 2 3 200~. Exhibit "A' Exhibit "B" Exhibit "C' Name Certificate No. My Commission expires LIST OF EXHIBITS Preliminary Stewardship Receiving Area Credit Agreement SRA Land Legal Description Ave Maria Master Plan Land Uses within the SPA Ave Maria Land Use Summary ~AR 2 3 200~ The attached summary provided by the applicant describes the project and the agent's project team. It is provided in this report as a summary of the Ave Maria Stewardship Receiving Area Application Binder, which is available for public viewing at the Zoning and Land Development Review office, Community Development and Environmental Services Division, located at 2800 North Horseshoe Drive and at the County Clerk's office located at 3301 E. Tamiami Trail. I~ i~r- ,. MAR 2 3 Fxecutive Summa This Stewardship Receiving Area (SRA) Designation Application for Ave Maria is filed on behalf of New Town Development, LLL~. Ave Maria will consist of Ave Maria University and Ave Maria Town. The cornerstone of Ave Maria will be the University, the first major Catholic university to be established in the United States in more than 40 years. Ave Maria is designed as a compact, walkable community around a town core which will contain as its landmark, an Oratory of significant size and distinctive architecture. The initial phase of Ave Maria, which is the subject of this SRA Designation Application, consists of 960 acres, 327+/- acres of which are dedicated to the University and 633 acres to the Town. The initial phase of Ave Maria University will support 1,200 students, and contains academic and administration buildings, student and administration housing, recreation, sports, and support facilities. The initial phase of the Town will contain a maximum of 950 dwelling units, located in shared-use buildings in the Town Core and Town Center, and in a mix of residential unit types in the Town Center and Neighborhood General. Uses that provide the mix of services to, and are supportive of, the residents and students of for Ave Maria will be mainly located in the Town Core and Town Center. The Town Core and Center will provide a maximum of 90,000 square feet of gross teaseable retail, 35,000 square feet of gross leaseable office, 15,000 square feet of gross civic uses, and a 110-room hotel. In addition, the initial phase of Ave Maria will contain a private K-8 school, parks and other open space uses. There are no undisturbed native vegetation.areas within Ave Maria, and all of the land is either directly or - indirectly utilized for agricultural activities. This is further evidenced by the absence of any lands which score higher than 1.2 on the Natural Resources Index Map. The Natural Resources Index Assessment quantifies the acreage by land use and demonstrate consistency with the Suitability Criteria, as is seen from the open space percentages and the Applicant's commitment to provide access to Ave Maria from Oil Well Road. This SRA Designation Application also provides the calculation of the required Credit Use to designate the Town, and demonstrates that the Town consumes 5,064 Stewardship Credits. The Impact Assessment Report and Economic Assessment Report demonstrates the self sufficiency of Ave Maria as related to impacted County facilities. This Application contains the Ave Maria Town Plan (SPA Development Dc ..... 'tt}__Z?..~ ;.~;~, ;':o,~ I[hat I~1~_AGE. N~A i(~ . t)r eiving Area Pa~je t set forth the allowable land uses and design standards for Ave Maria. This SPA is the initial phase of a larger Ave Maria, as both the University and Town sizes will expand beyond the limits of this SRA. Therefore, a new or amended SRA designation application will be necessary before the University or Town can expand beyond the proposed boundaries set forth herein. It is also anticipated that the resulting Ave Maria will constitute a Development of Regional Impact (DRI) pursuant to chapter 380.06, Florida Statutes. As such, a Preliminary Development Agreement (PDA) will be entered into with the Department of Community Affairs of the State of Florida. The PDA will authorize construction of that part of the ultimate Ave Maria that is covered by this SPA Designation Application prior to the issuance of a DRI Development Order. AC~=.NDA IT~.J~4 ~ 2 3 200 Stew.~i'dship Receiving Area , age 2 Acknowledgements The following consulting firms participated in the preparation of the Ave Maria SRA application on behalf of ~ew Town Development, LLLP: Agents of Record: WilsonMiller, Inc. Founded in 1956, WilsonMiller provides consulting expertise in land planning, engineering, landscape architecture, urban design, ecology, surveying/mapping, GIS, and transportation services. WilsonMiller's staff of more than 400 people serves public and private clients both domestically and abroad from eight offices throughout Florida. WilsonMiller excels in large-scale projects that demand multidisciplinary teams, including master-planned communities, new towns, resort developments, long range strategic plans and environmental restoration projects. Ave Maria Team: Alan D. Reynolds, AICP - Chairman and CEO Jeffory L. Perry, AICP Anita L. Jenkins, AICP - Agent for Ave Maria Bruce Johnson, Ph.D. John C. English, RE. Young, van Assenderp, Varnadoe and Anderson, RA. The Naples office of Young, van Assenderp, Varnadoe & Anderson, RA. concentrates on the practice of growth management, land use and environmental law. George Varnadoe, the managing partner, has over 30 years experience in these areas, has sheparded over 25 project through the DRI process, and has lectured extensively on growth management, comprehensive planning, land use, and most recently, the Collier County Rural Lands Stewardship program. He has served as counsel to the Eastern Collier Property Owners since the inception of the Rural Lands Stewardship program. Ave Maria Team: George L. Varnadoe, Esq. - Agent for Ave Maria Other Contributors: CDM/Missmer CDM is a global, full-service consulting, engineering, construction, and operations firm helping public and private clients improve the environment and infrastructure. CDM Missimer scientists have been providing hydrogeolgic services in Southwest Florida for over 25 years, inc. luding water supply development and master planning, permitting, wellfield design and construction supervision, and injection well design, permitting and construction supervision. Services being provided in association with development of the Ave Maria project include wellfield planning, hydraulic modeling and permitting work for community development and consumptive use. Ave Maria Team: W. Kirk Martin, RG., Associate Gordon R Kennedy, RG., Senior Hydrogeologist Thomas E. Nye, Ph.D., Senior Groundwater Modeler I AR 2 3 200 t ,~cknowleclgements ~ Page 3 Cannon Design Founded over fifty years ago, Cannon Design is an international architectural, engineering and interior design firm recognized for design excellence and technological innovation. Cannon Design has offices in Boston, Baltimore, Buffalo, Chicago, Jacksonville, Los Angeles, New York, St. Louis, Vancouver, and Washington DC. Cannon's staff of 500 serves clients across North America, Europe, Asia, and the Middle East. Ave Maria Team: Harry Warren, AIA David Duff, AIA Kelly Hayes-McAIonie, March, BSc Env Studies EDAW, Inc. EDAW has been a guiding force in the fields of landscape architecture, urban design, and environmental planning for over half a century. EDAW's special emphasis on the bfoad and increasingly complex issues of land use planning and design both encourages appropriate use of resources and enhances the environment. Ave Maria Team: Todd Hill, ASIA Mickey O'Brien, ASIA Carrie Steinbaum, Fishkind & Associates Fishkind & Associates is a full service economic consulting firm located in Orlando, Florida. The firm specializes in real estate analysis, market research, feasibility studies, fmcal impact assessments, financing, expert witness testimony, and Econocast, Florida's economic forecast. In addition to our forecast work, Fishkind & Associates, Inc. is involved in key financial advisory roles to special districts, local governments, redevelopment agencies and real estate developments. Ave Maria Team: Henry H. Fishkind, PhD, President Fishkind & Associates, Inc. Steven K. Schriever, Associate Linda Hopkins, Associate Hall Planning & Engineering, Inc. Hall Planning & Engineering, Inc. is a transportation planning and engineering firm specializing in multiple practice areas within the transportation profession. The firm focuses on both Planning and Preliminary Engineering, ~specially the vital interface between Planning and Design. Transportation aspects of community plans, subarea/ sector plans and corridor studies, especially for the new urbanism, are key HPE emphasis areas. Ave Maria Team: Richard A. Hall, RE. Edward R. Mack, Jr., AICP AGENDA rTEM MAR 2 3 200 Acknowledgements Page 4 Looney Ricks Kiss Looney Ricks Kiss is an architecture, interior design, planning and research firm with a staff of nearly 120 in offices in Memphis, Nashville and Princeton, as well as two locations in Florida Celebration and Rosemary Beach. Entering their 20th year of business, LRK is structured to be able to offer and provide expertise for every component of full community design. These components consist of consumer/market research; land planning; housing both single and multifamily; r~ixed-use developments; town centers; traditional neighborhood developments; urban infill and downtown revitalization. Ave Maria Team: Carson Looney, FAIA Andy Kitsinger, AIA John Van Fossen, AIA Mike Sullivan, AIA Victor Buchholz, AIA A~..~NI:)A ITI~ MAR 2 3 200q Si:evvaFdship Receiving The Ave Maria Stewardship Receiving Area Application Binder is available for public viewing at the Zoning and Land Development Review Office, Community Development and Environmental Services Division, located at 2800 N. Horseshoe Drive and in the County Clerks office located at 3301 E. Tamiami Trail ~AR 2 3 200~ EXECUTIVE SUMMARY RECOMMENDATION TO DECLARE A VACANCY ON THE PUBLIC VEHICLE ADVISORY COMMITTEE OBJECTIVE: To declare a vacancy on the Public Vehicle Advisory Committee. CONSIDERATIONS: Ordinance No. 2001-55, Section 7 (F), reads as follows: "All members of Boards created by the Commission shall serve at the pleasure of the Commission and may automatically be removed by a majority vote of the quorum of the Commission. Attached is a memorandum fi.om staff requesting that the Board of County Commissioners declare Dan Shriner's seat vacant due to unprofessional conduct. FISCAL IMPACT: NONE GROWTH MANAGEMENT IMPACT: NONE RECOMMENDATION: That the Board of County Commissioners consider the recommendation to declare a vacancy on the Public Vehicle Advisory Committee. It is also recommended that the Board of County Commissioners direct the County Attorney to prepare a resolution declaring the position vacant. Prepared By: Sue Filson, Executive Manager Board of County Commissioners Date: March 23, 2004 AGENDA~IT~M NO. ~ I',IAR 2 3 23~1 Pg. [ Memorandum To: CC: From: Date: Subject: Sue Filson, Executive Manager to the Board of County Commissioners Janet Powers, Operations Manager Michelle Arnold, Code Enforcement Director March 10, 2004 Request for the Removal of Public Vehicle Advisory Committee Member - Dan Shriner Please accept this memorandum as a formal request for the removal of Mr. Dan Shriner from the Public Vehicle Advisory Committee (PVAC). Recently this office received information that Mr. Shriner has been conspiring to abolish the Committee and does not agree with the intent of the Committee, as set forth by the Board of County Commissioners. Additionally, during the regular meeting of the PVAC in January 2004 it was determined that Mr. Shriner, acting in his capacity as Chairman, had contacted applicants for a Certificate to Operate a Vehicle for Hire business, apparently to question them on the merits of their application. Assistant County Attorney, Tom Palmer, advised the members in attendance that this type of contact is a violation of the Sunshine Law and requests for information must be directed to staff. During a PVAC Special Meeting on March 10, 2004 it was determined that Mr. Shriner disregarded the specific direction of the County Attorney by again contacting applicants prior to the scheduled hearing and questioning them on matters that are specifically intended for the full Committee to discuss. Additionally, Mr. Shriner abruptly adjourned the meeting and walked out before all matters on the agenda were addressed. I respectfully request you consider this recommendation to remove Mr. Shriner fi.om the committee and appoint a new member fi.om the applications being considered for the current vacancies. Code Enforcement Department - ] - GENDA. ITEM NO.~~ Public Vehicle Advisory Committee Name Mr. Dan Shriner P.O. Box 770273 Naples, FL 34107 E-Mail: District: 1 Category: Non-Affiliated Work Phone Appt'd Exp. Date Home Phone DateRe-appt 2ndExpDate 272-8361 11/13/01 09~2~5 Mr. William J. Csogi 202 Woodshire Lane Naples, FL 34105 E-Maih District: 4 Category: Non-Affiliated 10126/99 435-1157 08/01/00 09/02/00 09/02/04 Declared Vacant 09~2~4 Naples, FL E-Mail: District: Category: Affiliated Declared Vacant 09/02/04 Naples, FL E-Mail: District: Category: Affiliated Declared Vacant 09~2~4 Naples, FL E-Mail: District: Category: Affiliated Te~m 4 Years 1 Year 4 Years IFednesday, January 28. 2004 Page 1 of 2 No. ~ -,,-,,'~ 2 3 200q Public Vehicle Advisory Committee Name Worl~ Phone /lppt'd Exp. Date Term Home Phone DateRe-appt 2ndExpDate 2nd Term Mr. Allen B. Walburn 925 8th Avenue South Naples, FL 34102 E-Mail: District: 4 Category: Non-Affiliated/ALTERNATE 263-8833 11 / 13/01 09/02/04 3 Years This 5 member and I alternate member was created by Ord. No. 86-4, rc established by Ord. 91-93, amended by Ord. 93-15 and Ord. 95-66 to review and approve applications for a Certificate to Operate, taxicab color schemes pursuant to ordinance, and review and make recommendations to the Public Vehicle Board (BCC) regarding issues related to the motor vehicle for hire business and regarding alleged violations of Ord. 91-93. Membership consists of no more than 3 members who hold Certificates to Operate a motor vehicle for hire company in Collier County and no fewer than 2 and the remainder of the members are in no way affiliated or associated with any holder of a certificate. On 12/11/01 Ord. No. 2001-75 amending Ord. 95-66, Sec. 142-30 (b) states: The PVAC shall consist of five members and one alternative member. Not less than two nor more than three members shall be holders of certificates of public convenience and necessity to operate a motor vehicle for hire business and not less than two nor more than three members shall be individuals who are in no way affiliated or associated with any holder of a certificate of public convenience and necessity. Terms are 4 years. FL STAT Staff: Michelle Amold, Code Enforcement Director. 403-2413 lVednesday, January 28, 2004 EXECUTIVE SUMMARY APPOINTMENT OF MEMBER(S) TO THE PUBLIC VEHICLE ADVISORY COMMITTEE OBJECTIVE: To appoint 3 members representing the Affiliated category with terms expiring on September 2, 2004 and 1 member representing the Non-Affiliated category with the term expiring on September 2, 2005 to the Public Vehicle Advisory Committee. CONSIDERATIONS: The Public Vehicle Advisory Committee has 3 vacancies expiring on September 2, 2004 and 1 vacancy expiring on 2005. This 5 member plus 1 alternate member consists of at least 2 members and not more than 3 members that must be holders of Certificates to Operatea ifiotor vehicle for hire company in C~lier County and at 2 members and not more than 3 members who are in no way affiliated or associated with the vehicle for hire business. They review and approve applications for a Certificate to Operate, taxicab color schemes pursuant to ordinance, and reviews and make recommendations to the Public Vehicle Board (BCC) regarding issues related to the motor vehiel!e for hire business and regarding alleged violations of Ordinance 95-66. Terms are 4 years. A list of the current membership is included in the backup. There are currently 4 vacancies on this committee. A press release was issued and resumes were received fi-om the following 9 interested citizens: APPLICANT CATEGORY DIST ELECTOR ADV. COMM. Francis L. Papps Affiliated 4 Yes None Tony Marino Affiliated 3 Yes None Earle R. Sweikert, Jr. Non-Affiliated 2 Yes None Dale H. Schultheis Affiliated 1 Yes None George S. Cokorgianis Affiliated 3 Yes None Randall R. Smith Affiliated 2 Yes None Michael L. Mendel Affiliated 1 Yes None Russell Berghuis Non-Affiliated 1 Yes None Brian Todd Spauiding Non-Affiliated 4 Yes None COMMITTEE RECOMMEND3TION: Quasi-Judicial - no recommendation. FISCAL IMPACT: NONE GROWTH MANAGEMENT IMPACT: NONE RECOMMENDATION: That the Board of County Commissioners consider the recommendation for appointment, appoint 4 members, and direct the County Attorney to prepare a resolution confirming the appointments. Prepared By: Sue Filson, Executive Manager Board of County Commissioners Agenda Date: MARCH 23, 2004 AGENDA ITEM Memorandum To: From: Date: Subject: Sue Filson, Executive Manager Board of County Commissioners Michelle Arnold, Director Code Enforcement Department March 12, 2004 Public Vehicle Advisory Committee The resumes for the applicants listed below were_reviewed and meet the general classifications of Ordinance No.2001-75 Sec 142.30. Francis L. Papps Affiliated Transportation Dale Schultheis Affiliated Transportation Brian Spaulding Non-affiliated Business Earle Sweikert, Jr. 'Non-affiliated Law Enforcement Michael Mendel Affiliated Transportation Tony .Marino Affiliated Transportation Randy Smith Affiliated Transportation Russell Berghuis Non-affiliated Business George CokorgJanis Affiliated Transportation Code Enforcement Department AGENDA..JT£M - t, AR 2 3 200 Name Mr. Dan Shriner P.O. Box 770273 Naples, FL 34107 E-Mail: District: 1 Category: Non-Affiliated Mr. Wi/liam J. Csogi 202 Woodshire Lane Naples, FL 34105 E-Mail: Distn'ct: 4 Category: Non-Affiliated Declared Vacant Naples, FL E-Mail: District: Category: Affiliated Declared Vacant E-Maih District: Category: Affiliated Declared Vacant Naples, FL E-Mail: District: Category: Affiliated Public Vehicle Advisory Committee Worl~ Phone Appt'd Extz Date Term Home Phone DateRe-appt 2ndExpDate 2nd Term 272-8361 11/13/01 09/02/05 4 Years 10/26/99 435-1157 08/01/00 09/02/00 09/02/04 09~2~4 09~2/04 09/02/04 1 Year 4 Years R~ednesdaj', janUary 28, 2004 Page 1 of 2 AGF_NDA~T.~M NO. '7/_0 MAR 2 3 '~"~" Pg,. ~ _ Public Vehicle Advisory Committee Mr. Allen B. Walburn 925 8th Avenue South Naples, FL 34102 E-Maik District: 4 Category: Non-At~aliated/ALTERNATE Work Phone Appt'd Exp. Date Term Home Phone DateRe-appt 2ndExpDate 2nd Term 11/13/01 09102/04 3 Years This 5 member and 1 alternate member was created by Ord. No. 86-4, m c=tabli~ by Ord. 91-93, amended by Ord. 93-15 and Ord. 95-66 to review and approve applications for a Certificate to Operate, taxicab color schemes pursuant to ordinance, and review and make recommendations to the PUblic Vehicle Board (BGC) regarding issues rebeed to lhe motor vehicle for hire business and reganling alleged violations of Ord. 91-93. Membership consists of no mom than 3 members who hold CediGcates to Operate a molor vehicle for him c~npany in Collier County and no fean~ Ihan 2 and the remainder of Ihe members are in no ara~ affiliated On 12/11/01 Ord. No. 2001-75 amending Ord. 95-66, Sec. 142-30 Co) states: The PVAC shall consist of five members and one alternative n~ember. Not less than two nor mere than three motor vehicle for hire business and not less than bm nor more than three members shall be individuals who are in no way affiFmted or associated with any holder of a certificate of public Terms are 4 years. FI. ETA T Staff: MichelleAmold, Code Enforcement Director:. 403-2413 l~ednesday, January 28, 2004 Page 2 of 2 ^GEN 'rE ,tAR 2 3 200 Pg**, ~ MEMORANDUM DATE: February 23, 2004 TO: FROM: Elections Office Sue Filson, Executive Manager~5 Board of County'Commissioners Voter Registration - Advisory Board Appointments The Board of County Commissioners will soon c6nsider 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. PUBLIC VEHICLE ADVISORY COMMITTEE Francis L. Papps , i~~ I £~'~ t/ 2998 Or.ge S~eet 5 ~t g ~~ Naples, FL 34112 ,..~ /~' [ I 729 Regency Rese~e C~rcle ~5503 /~ ~ Naples, FL 34119 Earle R. Sweikert, Jr. 2116 Imperial Circle Naples, FL 34110 Dale H. Schultheis 6100 Adkins Avenue Naples, FL 34112 George S- Cokor~'~ 149 St. J~es Wa~ Naples, FL 34104 9120 ~e Naples, FL 34109 .......... Michael L. Mendel 390 Ortega Lane Naples, FL 34145 COMMISSION DISTRICT (-'/,? ? Russell Berghuis 6202 Shadowood Circle Naples, FL 34112 Brian Todd Spaulding 2424 Longboat Drive Naples, FL 34104 Thank you for your help. MEMORANDUM DATE: TO: FROM: February 23, 2004 Michelle Arnold, Code Enforceme~.irector Sue Filson, Executive Manager'~-~7,~ Board of County Commissioners~ Public Vehicle 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: Francis L. Papps 2998 Orange Street Naples, FL 34112 Tony Marino 729 Regency Reserve Circle #5503 Naples, FL 34119 Earle R. Sweikert, Jr. 2116 Imperial Circle Naples, FL 34110 Dale H. Schultheis 6100 Adkins Avenue Naples, FL 34112 George S. Cokorgianis 149 St. James Way Naples, FL 34104 Randy Smith 9120 The Lane Naples, FL 34109 Michael L. Mendel 390 Ortega Lane Naples, FL 34145 Russell Berghuis 6202 Shadowood Circle Naples, FL 34112 Brian Todd Spaulding 2424 Longboat Drive Naples, FL 34104 Please let me know, in writing within the 41 day time-frame, if the applicants are qualified to serve as members on the board, 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 AGENDA IT .[.,M NO. 'i^n 2 3 200~ ~,g. Collier County Home [ BCC [ Application for Advisory Committees/Boards Page 1 of 2 Board of County Commissioners 3301 East Tamiami Trail Naples, FL 34112 :~ :. Fax: (239) 774-3602 Application for Advisory Committee/Boards Name: ~g~_~ L, ~ HomePhone: Home Address: ~:~ ~ ~'~r'~O--~ ~'~'" ~i~ Zip Code: Fax.No. 2~-~: .- :, .~['~ ~Busi~s Phone: , ~ t, O0 e-maq address-.. Example: Commission Districh Devel~r, environmentalis~ lay person, et~ Are you a registered voter in Collier County: Yes No Do you currently hold public office ? · Yes No ~ if so, what is that office ? Do you now serve, or have you ever served, on a Collier County board or Committee? If yes, please list the committees/boards: Yes __ No..~ Please list your community activities (civic clubs, neighboorhood associations, etc.) and positions held: Please attach any additional information you feel pertinent. This applicat~'on should be forwarded to Sue Fils, Manager to the Board of County Commissioners, 3301 East Tamiami Trail, Naples, FL 34112. If you wish, pl~ application to (941)774-3602 or e-mail to suefilson~colliergov, net. Thank you for volunteering to serve the citiz CounO,. http://www.colliergov.com/bcc/advisory%20application.htm 1/5/2004 Naples, FI. 84! 05 February 6, 2004 Board of County Commissioners Dea' Sir or Madam: I would like to take this time to recommend Frands L. Papps to the affiliated P.V.A.C committee vacancy. As a P.V.A.C member for the past 4 years I feel mr. Papps would suit the needs of the committee and offer a much needed advise from a p.rofessional transportation company. Sincerely, William usogi P.V.A.C member Car Critic Inc Anchor Rode Automotive Inc. 239-263-9404 Carcritic, i~earthlink, net A C~-J~ A r~M I~AR 2 3 200~, 02,'08/04 SUN 20:48 FAX 2395935568 the marlno group ~002 Board of County Commissioners 3301 East Tamiami Tcail Nap[ea, FL 34112 (239) 774-8097 Fax: (239) 77~3602 Application for Advisory Committees/Boa rds C~o~ (ff ~p~ble)~ A~ you a ~~ vo~r ~ Collier ~ty: Y~ / No ~ you ~n~ bom pabiie ~? y~ ff~ what ~ ~t office? No / ~ ~ n~ ~ or have y~ ~r ~, ~ a Co.er C~ ~ or ~et~? y~ ~ /~t~e ~ your commu~ actiadties (e4vlc cl"bs, nei-tborhood -- . ' ~uc~on:~ Feb-07-04 04:22P Earle "Skip" Sweikert 941-597-0744 P.02 EARLE R. SWEIKERT JR. 21 ts IMPERIAL CIRCL~ NAPLES, FLORIDA 3,41 ! 0-1 TEL: (239) 598-2537 FAX: (239) 597-074~- E-MAIL: SKIPP~PRODIGY,NE"T February 7, 2004 Sue Filson, Executive Manager to the Board of County Commissioners 3301 East Tamiami Trail Naples, Florida 34112 Dear Ms. Filson: Enclosed is my application for consideration to fill a vacancy on The Public Vehicle Advisory Committee. It is my hope that it will receive favorable review by the Board of Collier County Commissioners. I would like to serve the citizens of Collier County. Sincerely, (Enclosures - 2) Feb-07-04 04:22P Earle "Skip" Sweikert 941 -597-0744 P. 03 A pplicnt io.u t'oF Ad visory Comm;.ticcs/Roavds EARLE R. SWEIKERT 3R. Home Addr~m: 2116 F~z N~.597 -0744 l~u~i.~: RETIRED IMPERIAL CIRCLE l~om: 598-2537 NAPLES _~Cok: 34110-1037 ,~-~llud4r~mSkippSprodigy.net ll~m~l.rCo~Ai~ik:d~r: The Public Vehicle C.tt~u~ (Lf al:~lic~ble)~ Advisory Committee Ar~ yo~ a ~ vu4e~ In C~,ilte~ Comity: Ye~ No No X Do y~ now serve, o~ hnve you ever ~, ~ · CoHJe~ County board No X Please bt your eommuni~ activities (civic clubs, neighborhood mmot4sd~as, ~ and positions held: PLEASE SEE ATTACHED Bachelor of Science {York AssociA6e in Science (Harrisbur9 PLEASE SEE ATTACHED College of Pennsylvania) Area community College) ' Feb-07-04 04:23P Earle "Skip" Sweikert 941-597-0744 P.04 (Attachment for Earle R. Sweikert Jr. ) Community Activities: 1999 to present: President of Naples-Collier County Neighborhood Watch Association.. Have been a member since 1995. Retired to Naples, from Pennsylvania, in October 1994. The following community activities were in Harrisburg, Pennsylvania: President - Crime Clinic of Greater Harrisburg President - Tri-Count~ Mental Health Association Advisory Board - Harrisburg Area Community College, Criminal Justice Training Center Advisory Board - Harrisburg Area Rape Crisis Center Advisory Board - Keystone (PA) Safety Belt Network Task Force Advisory Board - The Salvation Army Advisory Board - American Red Cross All of my experience has been in the field of Law Enforcement/Criminal Justice while living in Pennsylvania. 1985-94: COM](ONWEALTH OF PENNSYLVANIA (Commission on Crime & Delinquency). Retired as Crime Prevention Program Manager. Was responsible for coordinating all of Pennsylvania's Crime Prevention, Community Policing and D.A.R.E. programs. Worked closely with State Police and local police in this endeavor. 1883-85: 1959-83: NEW CUMBERLAND BOROUGH POLICE_DEPARTMENT. Was Chief of Police. Resigned to accept position with the Pennsylvania Commission on Crime & Delinquency. }~ARRISBURG POLICE DEPARTMENT. Retired Captain of Police. Served as Acting Chief of Police for one year prior to retiring. Declined the permanen't position of Chief of Police. 02/06/2004 16:26 2394032343 CODE ENFORCEMENT ,~.um~ ~.~unl?' ~.om¢ I ~Lk; I Application /:or Advisory Committees/Boards PAGE 01 Pa~e I of I Board of County Commissioners 330/1 East Tamiamj Trail Naples, FL 34112 (239) 774-8097 Fax: (239) 774-3602 Name: Home Address: ~,rtgO /~_D~/A)~ Afl~J,d~_l:,/e~ Fax No.~.B? 6~' o~oq- Busings Phone: ~3~ Business: ~/~~ C~ ~ ~ ~o~D~, Board or Comm~ee Applied for: Catago~ Of appticabi¢}: Example: Commi~n Dis~kt, Deve~r, experimentalist, lay ~o~ e~. ~e you a ~gis~red voter ia Collier Count: Yes Do you currentIy hold public office ? Yes if so. what is that o~ce ? Application for Advisory Committee/Boards Zip Code: e-mail address: ~.o~J Do you now serve, or have you ever served, on a Collier County board or Committee? If yet,, please lint the commiftee.~arrgs: Yes ~ No t~ Please list your community activities (civic clubs, neighboorhood associations, etc.) and Pteose attach =m' additto,al in. formation yon ~el p~ffntmt ~Lv opplicon'~ .~bonM ~ f~r~ded to &re Fil~. E. xec,t~.e :l.l~a~ ~ )he ~d qf Cotm~ (%mmimsioner.,. 3301 Ea.rt Tomimni Trail t~3ples. ~, 34112 [f.v~t wi.*b, plea.*e fax ]'orw applicatlo, 1o t94])774-3602 ~ e~oil ~ .wtefil,,o~:t&coflier~ net. ~ank vo, f~ *~hmte~g to .~e the ciHzcnz of ('ollier C~,nO.' - . Return to Top Print this Page http://www.colli ergov,n.c~/bcc/advisory%20appli cation.htm / TTP, J. Collier County Horn ~ 1/29/2004 Fe~ 05 O~ 09~32a ~am ~30~ 10:53~ co~ ~ i.~ co-.~ ~9*vv'~:-':~'~e~s.. ,~._. Board of County Commissioners, 3301 E~t Tam,mi lrail :. ~'.~ - ~aple~. FL ~41 ! 2 (941) 774-8097 Application Cat~o~ (~ appli~blc): gx~plc: ~mmisa~ 91slri~ D~-do~r, envlmnmcna~sl, la)' pm~, eta Are you a r~ter~ voler in Collier County: Y.s Do you eurready bold pablic o~? Y~ No If~, who ~ ~at for Advisory Committees/Boards Zip Code:..~/-~t 0~' Do you now serve, or ha~'e you ever served~ on a CoHfer County board or committee? Ye; If yes, please list the committees/boards: Please list your community activities ~civic clubs, neighborhood associations, etc. and ]positions held: B~.rd of Cottnty Co~mlr~ioner~, 3501 ~t ~'a~h~i ~"rai~ IV~l~er, I~L .~411Z If ),~tt ~hl~ j~tea~ f~c yo~r ttj~ptlctat~n to ~9tl)774-$~02 or t'~ail to ~'~e~lron~i't~lllerg~ ot'.~te~ T~an* )~u for voluateer~ng to ~et~t the dti:tns of Co~ller County. · 222 Industr/al Blvd. · Suite # 186 Naples, FI. 34106 · 239435-0000 Naples Taxi February21,2003 To: Code Enforcement Attn: Maureen Kenyon From: George Cokorgianis Re: Code Enforcement Board of Directors To Whom It May Concern: When the opportunity arises, I would like to be considered to serve on the Board of Code Enforcement. I have been the proprietor of Naples Taxi for 2 years, have served as a Director for another Naples based Transportation Company for an additional five years and owned and operated a transportation service in Peadody, Ma. for 22 years. My overall experience in this field exceeds 27 years. I am fortunate that my experience and knowledge has increased business that well exceeds even my last 2 years projections. This has been accomplished through providing a unique, upscale service that has been proven excellent for the Naples Community. I have full confidence that given the opportunity to serve on this well respected board, I can only be an asset and hopefully offer and exchange knowledge with other board members. Thank you for your consideration and I look forward to a favorable decision. Sincerely, George Cokorgianis ....... A.G NpA. No. Pg. /~ 02/03/2004 08:40 2392626967 NTT DESTINATION PAGE 01 Board of County C°mmissioc~ygg:~ 3301, East Tamiami Naples, FL 34112 (239) 774-8097 Fax: (239) 77~3602 Application for Advisory Committees/Boards . Bus;.ess Board or Committee AppUed for: Cat~o~ (ifappllc~le);. Example: Commi~on D~cI. Dcvelo~r. environmen~llst. Iny ~n, etc. Are you a reg~tered voter in Collier Count: Y~ ~ No Do you currently bold public o~ce? If so, what is that Home Phone: _Zip Code:__ 3q Do you now serve, nr have you ever served, on a Collier Co~nt~ board or committee? Yes V/ No /fyes, please list the committeeMboards:_ ~c.~nlfr_ ~z/~;r_l~_ la~Vt]a¢.1 ~-~.'~--~_g~ ~ Iqq3 % Iqg_/, ~. Please list your community activities (civic clubs, neighborhood associations, etc. and positions Pleave attacJt ##~ ~dtlMomtl information you feel p~n~t ~ applic~on shouM ~ fo~nrded to Sue Filson, E~e~,e Ma Board of Cou~ Co~i~lon~, 3.~01 Ea~ Ta~anti Trail~ e.m~H to sa~ls~~ Thank you for ~oluntee~g to .e~e oilier County Home [ BCC [ Application for Advisory Committees/Boards Board of County Commissioners 3301 East Tamiami Trail Naples, FL 34112 (239) 774-8097 Fax: (239) 774-3602 Page 1 of 2 Application for Advisory Committee/Boards Name: /~[a/-]/~-.L~ L.. N~'A.)~E/._. Home'Phone: Home Address: B~C) ~T-~-aA ]~_~E Zip Code: Fax No. Business Phone: ~-~]~- III ~ e-mail addr~s: Busings: ~-~ ~~o~TI~, ~. ~ard or Commi~ Applied for: ~U ~L~ a ~/~H~ ~ ~ Vt30~ E~mple: Commi~ion Distric~ Developer, en~mnmenmli~ ~y pe~on, e~. Are you a reg~ter~ voter in Collier Count: Yes ~ No Do you currently hold public office ? Yes No If so, what ~ ~at oW~e ? Do you now serve, or have you ever served, on a Collier County board or Committee? If yes, please list the committees/boards: Yes No ~ Please list your community activities (civic clubs, neighboorhood associations, etc.) and positions held: E../_cation: ye attach any additional information you feel pertinent. This application should be forwarded to Sue Filson, Executive . .ager to the Board of County Commissioners, 3301 East Tamiami Trail, Naples, FL 34 t 12. lfyou wish, please fax your application to (941)774-3602 or e-mail to suefilsonf~colliergov, net. Thank you for volunteering to serve the citizens of Collier County. http://www.colliergov.net/bcc/advisory%20application.htm AGEND~FT~M -- ...... 12/18/2003 'JP, Iq-07-2004 NED 04:33 PI1 FLORID¢t FIORTGCtGE IlqO FflX NO, 2397328490 P, O1 Collier County Ilome ] BCC [ Application for Advisory CommWees/Boards ~.,i~L~:%~::_i~: W? Page 1 of 2 Board of County Commissioners . 3301 East Tamlaml Trail ~:f'~""" Naples, FL 34112 .-'..~ Fax: (~39) ?74-3602 ' ,.' . :; Application for Advisory Committee/Boards Name:~. ~ -~ ~ f:_LL Home Address: Fax No. Business: Business Phone: e-mail address: Board or Committee Applied for: Catagory (If applicable): Example: Commission District, Developer, environmentalist, lay person, etc. Are you a registered voter in Collier C. 6unty: Yes ~ No Do you currently hold public office 'l Yes No ~---~ lrso, what is that office ? Do you now serve, or have you ever served, on fl Collier County board or Committe~? if yes, please list thc co m mitred/boards: Yes __ No ~ Please Il.st your community activities (civic cluhs,.neij~hboorhood a~ociations, etc.) and ~auea'tion:, ~oll EC~6 Plt. a,'e attach any additlon¢d information you feel pertine:tt. 7his application sho tM b~ forwarded to &~e Filso Ma.nger [o the Board of Cau~ity Co,nmi. ssloners, 3301 East ?'amlami Trrtii, Null:s, .IL 34112. If you wish, ple~ appllcatlor~ to (9.10774.3602 or e-mail lo suefil~on~'g.¢ollfergov, net. 73anl~ yon foe vohmteering to serare the citice Cottt#y. http://www,cotliergov, corrdbc~/advisory%2 0application,btm 1/7/2004 'JAN-07-2004 gED 04:34 PM FLORIDA NORTGAGE INO FAX NO, 2397328490 P. 02 Russell Berghuis 6202 Shadowood Circle Naples, Florida 34112 (239) 417-5118 Summary of Qualifications Professional Operations Manager and Labor Specialist with over 17 years experience. Competent and technically sound executive with a solid record o¢ increased responsibilities and strong management techniques. Highly detailed with excellent communication and problem resolving skills, Expertise includes * WORKFLOW & SCHEDULING * LABOR GRIEVANCES & ARBITRATION * STAFFING ANALYSIS * BUDGET DEVELOPMENT & MANAGEMENT * STAFF REQUIREMENTS & COSTS * POLICIES & PROCEDURES * REGULATION COMPLIANCE * ACCREDITING STANDARDS * HUMAN RESOURCE COLLABORATION * PERSONNEL EVALUATIONS ' PERSONNEL MANAGEMENT * PURCHASING & SPECIFICATIONS * CAPITAL EQUIPMENT BUDGET * INVENTORY CONTROL * STATE & FEDERAL LEGISLATIVE LOBBYING * PREVENTATIVE ~/1AINTENANCE PROCEDURES * QUALITY ASSURANCE & TRAINING * COMPUTER TRACKING SYSTEMS 2001 PROFESSIONAL HISTORY ADMINISTRATOR, PROPERTY SERVICES, RESORT QUEST INTERNATIONAL NAPLES, FLORIDA ' 1993- PRESENT . INDEPENDENT CONTRACTOR, DESTINATION MANAGEMENT SERVICES, NAPLES, FLORIDA 1976-1993 UNIVERSITY OF MASSACHUSETTS, MEDICAL CENTER, WORCESTER, MA MANAGER/ASSOCIATE DIRECTOR, 1986-93 * Established and maintained $4.0 M operating budget for hospital and school SPECIAL ASSISTANT TO THE CHANCELLOR, 1985-86 * Lobbied State and Federar Legislatures for Medical Grant Research Money ASSISTANT MANAGER OF ADMINISTRATIVE SERVICES, 1982-86 * Created computer programs to effectively and efficiently track inventory purchasing and quality control PLANNER PHYSICAL PLANT, 1976-82 * Instituted computer based inspections and performances, integrated systems * Managed and negotiated aJJ purchasing EDUCATION BUSINESS ADMINISTRATION, UNIVERSITY OF MASSACHUSETTS, Amherst, MA MATERIAL MANAGEMENT, ASSUMPTION COLLEGE, Worcester, MA MARKETING, QUINSIGAMOND COMMUNITY COLLEGE, Worcester, MA LICENSURE Real Estate Salesperson, COMMONWEALTH OF MASSACHUSETTS B CDL LICENSE, PASSENGER & AIR BRAKE ENDORSEMENT LICENSED HOISTING ENGINE!ER MEMBERSHIPS & AFFILIATIONS Member, AMERICAN PRODUCTION & INVENTORY CONTROL SOCIE 'JflN-07-2004 NED 05:45 PM FLORIDfl MOR?GflOE INCFfl× NO. 2397328490 P. O1 941~35-1029 ~ 22 941-793-3243 ?ROH :ATLANTIS-LU×URY-TRANs-- SCHOOL FAX NO. :259398?0?? Feb. 19 2004 07:25PM P1 Co r County Board of County Commissioners 3301 East Tamiami Trail Naples, FL 34112 (239) 774-8097 Fax: (239) 774~3602 Name: Brian Todd Spaulding Ho~ue Addr~s: 2424 'Longboat Drive, Naples, FL I Zip Code: 3~104 -~tlome phone: 239-213-9480 [ Busin~ P~one: 239-213-94M ~ Fax: 239-9~195. __ e-mail addr~n: brlan(~cybercasLus aoard or Comml~ee AppH~ for: PV~C ~ (:at~o~ (if applicable) (Tode Eot~r~nl Example~ Cemmi~ion Dis~et, Develaper. e,~vimnme~ali~ Clllzen-At-Large[ et~ Arc ~ou a registered voter in CoIHer County~ ~ Yes x~ Do ~ou ct~rently hold public office? ' : .. ~ Y~ ~~ -- It'~, what office do ~ol~ hold? Do you now serve, or have you ever served on a Comer Cou,ty b~ard or cot~ittee~ I Yes ~ ~,~ please list Ihe ~ddc0mmitt~: Please Hst your communl~ activiti~ (civic chsb~, ncigh~rh~,! a~;aU,,ng etc. and ~siflonn had): None Education: Bachelor ofAr~s Interna~onal Affairs Roliius College, ~Vinter Park~ Florida Experien~Bac~round: Work~ for Mca~ Transportation in Orlando, Florida from 1994 until 1996 as sedan driver on a part time basis. Also during this ~riod ia Orlando ] worked ou a part time bahia tbr numerous destinaUon management companies inelufl~g Hello FIorid~ Convention Planning safari, Weleome FIo~da~ and Experience Florid~ in the position 'l"ranspo~aUon ManuRer during conventions. 1 manag~ the transportation for groups as large as 12,0~ aRende~ and as small as 200 a~endeea. From 2000 until 2003 1 worked for Airport Com~c~on, l~te. as a ~edaa and shu~le van driver. In December of 2~3 1 became President and Chief ()~ra~g Officer of Airpo~ Connection~ Inc.. AG~DA hEM NO. ?.ECEtVED COUNTY MANAGER OFFICE ACTION,__ MEMORANDUM DATE: March 10, 2004 TO: Jim Mudd, County Manager FROM: Jim Coletta, Commissioner, District 5 SUBJECT: Memorandum of Agreement (MOA) for Collier County Health Care Consortium (CCHCC) I am a member of the Collier County Health Care Consortium (CCHCC) and I would like to approach the Board for their approval and authorization to sign the attached Memorandum of Agreement (MOA), which outlines the commitment I would be making to CCHCC as a member. Their main objective is to create a health information infrastructure to improve the safety and quality of care provided to the low income and uninsured in Collier County, which continues to be a subject of importance to me. I am also attaching additional background information regarding this organization that may be helpful. CCHCC has two remaining scheduled meetings in 2004: April 22na and August 26th. Per our previous discussion, I am sending this to you for your consideration to put on the next agenda under section 9 for discussion. S/irjl:erely, /~ ~, %/ JC: nkr Att: Memorandum of Agreement Background Information - No.A D ffEM - F.,-2 2 3 200q MEMORANDUM OF AGREEMENT As a member of the Collier County Health Care Consortium (CCHCC): ~' I support the CCHCC vision of connecting people to health care at the right place at the right time ~' ! support the CCHC£ mission to provide access for the Iow-income uninsured and underinsured to the health care continuum through a sustainable, coordinated and integrated referral mechanism As part of my commitment to the vision and mission of the CCHCC, ! agree to actively participate and contribute to this community effort to create a health information infrastructure to improve the safety and quality of care provided to the Iow income and uninsured in Collier County. This infrastructure will be the strong foundation with which to build a model network for quality, integrated primary and specialty care. This memorandum of agreement states that I, as a representative of , am committing the following resources to the CCHCC Health Information and Referral Network (HIRN) project: Fl Time of senior leadership personnel to attend regularly scheduled meetings of the CCHCC F-I Time of IT/HMIS personnel to attend scheduled HIRN meetings and participate in approved activities of the CCHCC/HIRN F-1 Time of appropriate operations (i.e. eligibility, intake, referral, records management, data entry) personnel for consultation and participation in approved activities of the CCHCC/HIRN F1 Time and expenses to participate in CCHCC site visits to sites of successful entities engaged in IT/HMIS projects [~ Access to appropriate internal information systems (with appropriate supervision and confidentiality control) to determine infrastructure capability for the HIRN project Fl Space for meetings As a member of the CCHCC, I agree to share selected data with other CCHCC members. Data sharing will be in compliance with applicable laws and will respect the confidentiality of proprietary information such as independently held contracts and agreements (i.e. referral arrangements with providers, contracted rates for services). Authorized Signature: Print Name: Date: REGULAR MEETZNG .~ANUARY 22, 2004 (4~" THURSDAY) 8:00AM - 9:00AM NAPLES COMMUNTi'Y HOSP~ETAL CONFERENCE ROOM A~, ADMTNI'STRATTON~, NAPLES AGENOA I. Welcome and Introductions - Dr-. Joan Coif er, Barry Williams , ." I!. III. JV¸. Committee Reports - _Susan Mitchell Needs. Assessment Committee Project Design Committee Grant Application(s) - Susan Mitchell Transforming Healthcare Quality Through ]~nformation Technology Planning Grant (12-month grant up to $200,000). Due April 22, 2004. Anticipated award date September 30, 2004. "... to assist healthcare systems and their partners in planning for activities that will lead to successful implementation of health information technology (H~F) to promote and improve patient safety and the quality of healthcare. The objective of this [RFA] is to support community- wide planning processes across multiple healthcare organizations within a local or regional area that will enable them to develop H~I- infrastructure that provides for effective exchange of health information within the community." See attachment for more information. Structure & Timeline Regular meetings through April 2004 .o February 26 8AM-9AM :~ o March 25 8AM-9AM o April 22 8AM-9AM Resume meetings August 2004 o August 26 8AM-9AM Project Design Committee/Work Group Business Buncombe County visit. (March) HM INCC Update ATTACHEMNT TRANSFORMING HEALTHCARE QUALITY THROUGH INFORMATION TECHNOLOGY PROGRAM OBJECTIVES Background In the Institute of Medicine's report, Crossing the Quality Chasm (Institute of Medicine 2001), t~e members of the institute, among other things, recommend: "Congress, the executive branch, leaders of health care organizations, public and pdvate sector pumhasers, and health informatics associations and vendors should make a renewed national commilment to building an information infrastructure to support health care delivery, consumer health, quality measurement and improvement, public accountability, clinical and health services research, and clinical education. This commitment should lead to the elimination of most handwritten ctinical data by the end of the decade." In padJcular, HIT was identified as a critical environmental fome that could significantly improve healthcare quality. Further the IOM, the National Committee on Vital and Health Statistics, and_~e President's Information Technology Advisow Committee have also recommended the development of a National Health Information Infrastructure to assist other efforts in improving safety, reducing cost and enhancing the quality of healthcare. In July 2003, AHRQ convened a diverse group o'f approximately 50 experts who helped the Agency to identify gaps in knowledge relating to the use of HIT and provided recommendations on important thematic areas for AHRQ's HIT initiatives in FY 2004. Among the panel's many recommendations were the need for more research on the impact of HIT on important health-related outcor~es; more research on HIT in diverse healthcar~ettin~%i~?~ ~~~d emonstrate the value of HIT in improving patient safety and quality of care, including direct/indirect and. tangible/intangible benefits; the need to study incentives and disincentives to the adoption and use of HIT; the need for technical assistance to providers, organizations, and communities in order to implemen! HIT successfully in their environment;, and the need to develop and disseminate evidence-based, executable knowledge content and decision-support tools to support clinical decision-making. The panel also encouraged collaboration between AHRQ and other Federal agencies, such as the Office for Rural Health Policy (OHRP) and the Office for the Advancement of Telehealth at the Health Resources and Services Administration (HRSA) and the Center for Medicare and Medicaid Services (CMS), to leverage the resources,~?pertis~,; .a.,nd experiences of these diverse federal agendes and increase the program s succes.s. F~nally, ~~~. A summa~ of the proceedings is available on the AHRQ websl e at http://www.ahrq.qov/data/hitmeet.h~. As part of the Agency's FY 2004 patient safety activities, AHRQ i~ investing $50 million to demonstrate HIT's role in patient safety and quality of care in a portfolio of grants, contracts and other activities. Of this amount, $26 million is earmarked for plannidg and implementing effective technologies in rural and small hospitals, where HIT penetration has been Iow. The remaining $24 million is targeted for planning, implementation and evaluation of new and innovative technologies in communities and other settings to million of the total $50 million investment As healthcare has become increasingly complex, attention has turned to the role of information and communication technology as a means to improve clinical derision-making, patient safety, and overall quality of care. Over the past 30 years, research has demonstrated that HIT can improve patient safety and quality of care. For example, at LDS Hospital in Salt Lake City, a computerized physician order entry {CPOE) system with decision support reduced the incidence of adverse drug events related to antibiotic administration by 75% [4]. it also significantly reduced orders for drugs for which patient's records reported allergies and adverse effects that were caused by antibiotics [5]. At the Regenstfief Institute for Health Care in Indianapolis, researchers demonstrated that automated computerized reminders increased orders for recommended interventions from 22% to 46% [6]. At the Brigham and Women's Hospital in Boston, use of a CPOE system with derision support led to increased use of appropriate medications for high-risk clinical situations, such as an increase in the use of subcutaneous heparin to prevent venous thromboembolism, from 24% to 47%. Medication errors were also reduced by 19% to 84% [7]. A 1998 systematic review of the literature that assessed the effects of 68 computer-based clinical decision support systems demonstrated a beneficial, though vadable impact on physician performance in 43165 studies (66%) and a beneficial effect on patient ou~:o~i~.l~i~i~d.~A/~ (43%) [8]. / No. .L.~ (' "..~L · / MAR 20 ,t uesp~te mese successes, pene.,rauon or H~ nas grown at a aJsappolnungly ~ow rate, especially In me non-tnpauent clmJca setting. Although accurate data are not available, it is estimated that less than 10% of facilities across the United States have comprehensive. H!T systems in place and use Bern regularly to provide clinical care. Healthcare organizations, providers and organizations face many challenges in adopting HIT, including the lack of financial incentives for HIT investment, a reimbursement system that does not reward improved outcomes and safe high-quality.care, multiple competing priorities, effects on clinical workflow, medical or organizational traditions and other cultural barriers, lack of effective leadership, and lack of HIT standards and interoperable systems, tn order to successfully implement HIT, organizations will have to address most of these barriers. Other barriers, such as the tack of standards or the lack of reimbursement for HIT infrastructure, may be beyond the immediate control of Be organization or community, but these may change over time as a result of ongoing effods such as the Federal initiatives to develop/adopt national standards for the exchange of health information, research and demonstration projects on the effects of financial incentives and additional research that demonstrates the beneficial effects of HIT at the provider, organizational, and community levels on patient safety and quality of care. The National Library of Medicine (NLM) provides grant support to health-related institutions and organizations for projects to plan, design, test and deploy systems and techniques for integrating data, informafion and knowledge resources into a comprehensive networked information management system. NLM supports-these organizations in their efforts to build integrated advanced information managements systems (IAIMSL ~-~. ~~. ~ ".~¢. !~..u~u._~_,.~ ~ ne ~ong-[erm goaJ or an ~M~ ~s a comprenenswe and convement ~nformation management system, one that brfngs useful, usable knowledge to action settings in health care education and research, bindino knowled e to effective ac' . between health care and education or between health-related organizations, such as' ~'~ .......... ~I~.L~:J..~,P~_,~g!. u pa?,~.c~l~ l~t~?t [o ~L? are p~!ec~ ~nlcn TOCUS on context-appropriate information to _e2(.~ ~.~'g~_.e.~p~; and digital libraries. ' ....................................... Definitions For purposes of this RFA, the following definitions will apply: 1) Health Information Technology is broadly defined as the use of informalJon and communication technology in healthcare and in:c~J~des, but is not limited to, electronic health records, personal hea th records ~~ ~'.~1'~ ~:~,~,~.,~ .... ~.~¢~,:~~~, ~~, hand-held computers, ~~ 2) Electronic Health Record Systems are defined by the Institute of Medicine's Letter Report on the Key Capabilities of an Electronic Health Record System httpJ/www.iom.edu/reoort.asp?id=14391. EHR systems will include the ability to collect longitudinal data for-and about a person in an electronic format; immediate electronic access to person and population level information by authorized users; provision of knowledge and decision-support tools that enhance the safety, quali~ and efficiency of health care; and support of et~dent processes for health care delivery. 3) Clinical decision support systems (CDSS) are defined as computer applications that assist clinicians in the management of their patients at the point-of-care by integrating medical knowledge with patient characteristics and generating patient-specific recommendations. CDSS can take the form of computerized reminders, alerts, guidelines, order sets or other such tools. 4) Health InfOrmation Technology Value is defined as the sum of financial, clinical, and organizational advantages or benefits dedved from the adoption, diffusion, and ulJlization of HIT less the costs of achieving these benefits. o Financial Benefits include cost reduction, revenue enhancement and productivity gains. o Clinical Benefits include advances in care processes, improved patient outcomes (improvements in safety and quality), and better monitoring of diseases and other health dsks. o Organizational Benefits include improvements in organizational effectiveness - as evidenced in work and quality assurance/improvement processes, communication among individuals, groups and organizations; satisfac expectations of patients, providers, and stakeholders; capacity to adapt to changing technical and operati~ fluctuations in patient load, acuity, and emergency conditions; and organizational dsk m tigation. l) ~a,ent safety refers [o me absence or [ne potenaa Tor, or occurrence of, nea~mcare assooateo ~njury To patients. safety can result from the avoidance of medical errors as well as taking action to prevent errors from causing injury. AHRQ patient safety activities involve four major components: identifying threats; identifying and evaluating effective practices; education dissemination, and implementation interventions that ~nh§n~'lsa~j~ht safetY;, and maintaining vigilance. 2) Medical Errors are defined as mistakes made in the process of care that result in, or have the potential to, resutt in harm to patients. Mistakes include the failure of a planned action to be completed as intended or the use of a wrong plan to achieve an aim. Medical errors can result from an action that is taken (error of commission) or an action that is not taken (error of omission). 3) Medication Error is defined as preventable inappropriate use of medication including prescribing, dispensing, and administering. 4) Adverse Event is defined as an untoward, unintended (usually), and unanticipated (usually) outcome that occurs in association with health care. Preventable adverse events are a subset of adverse events that are judged to have been avoidable if appropriate and reasonable steps had been taken. For example, an anaphylactic reaction to penicillin is an adverse event. It is a preventable adverse event if the patient's allergy to penicillin is noted in his or her chad or if the pa'dent knows of his or her history of penicillin reactions and is capable to communicating it to the dinidan. 5) Preventable Injury is defined as harm that could be avoided through reasonable planning or proper execution of an action. 7) Healthcare [nvironment is defined as the s~tures and processes employed to pro,de healthcare. They reflect the characteristics of the facility {e.g., size, location, specialty, licensure, certification, equipment, working conditions): and the organization (e.g., personnel mix and experience, lines of authority° leadership, policies and procedures, govemence, culture). 8) Rural Hospitals are defined as acute care hospitals-physically located in a rural or nonmetro area within the borders and confines of any state or U.S. territory. 9) Rural and/or nonmet~o areas are defined as geographic regions that either:Reside within a county or area notl.designated by the Office of Management and Budget as a Metropolitan Statistical Area (MSA) or Metropolitan New England City or Town Area (MNECTA). 1} Small Hospitals are defined as acute care hospitals containing no more than 100 licensed beds or fewer than 6,000 inpatient admissions in the most recent 12-month period. 2) Acute Care Hospitals are defined as shod-term hospitals with the fadlities, medical staff and all necessary personnel to provide diagnosis, care and treatment of a wide range of acute conditJons, including injuries. · The Agency encourages HIT research that incorporates training and educalJonal setti~gs~-~liT has beer~ ir~Pi~ented-in a variety of educational serdngs such as rural residency training sites and many healthcare professional trainees are being introduced to HIT in a vadety of clinical settings. This type of educational exposure and adoption may have a substantial lasting impact on these trainees and may demonstrate even greater value in healthcare quality improvemenL For organizations that qualify as rura or smal hospitals or communities, the lead partner must be an acute care hospital. For all other applications, an acute care hospital must be included as one of the partners The long-term objective of each partnership should be to develop a viable ahd sustainable plan for HIT implementation within eighteen months of receiving the award. Applicants may use these funds for the planning and prototype development of important infras~cture components includir;g, but not limited to, community-wide collaborative organizations, information-shanng agreements, business and finandal plans, information architecture, health information access and exchange systems, computer networks, hardware, software, personnel a~lcatea ~,o gran[ ac:]wiles, project managemem, and research capacity. However, no more man zu"/o [or a maximum or $40000) of the Federal grant ~nds may be us~ for purchasing hardware or so~e. - ' MECHANISM OF SUPPORT This RFA will use the P20 award mechanism. As an applicant, you will be solely responsible for planning, directing, and executing the proposed project. This RFA is a one-time solicitation. Future unsolicited, competing continuation applications based on this project will compete with all investigator-initiated ap_~i._ca~.!ions and will be reviewed according to the customary peer · . ,,~ .,,~ ~ ,~.~-~:. ~ .... AHRQ is not using the Modular Grant Application and Award Process. Projects funded under this RFA are considered part of the AHRQ HIT portfolio. As pad of its FY 2004 HIT initiatives, AHRQ intends to establish a Health Information Technology Resource Center (HITRC). The HITRC will provide awardees with technical assistance to help them with their planning and implementation strategies, including an evaluation of the outcomes resulting from the planning process. FUNDS AVAILABLE AHRQ intends to commit u to $7 million in FY 04 to fund up to 35 new grants in response to this RFA. It is anticipated that ug. to $5_million of these funds will be used to support ap.p. llcants from rural~nd small communities. ~~¥'~:i~~~.~. Awards will be made in a single funding cycle spanning up to 12 months, Because the nature and score of the proposed Project will vary from application to application, it is anticipated that the size and duration of each award will vary. ELIGIBLE INSTITUTIONS Institutions are eligible to submit applicafions if they are domestic, non-profit and included in any one of the following categories: o Domestic inslJtutions o Public and pdvate non-profit institutions o Units of State and local governments o Tdbes and Tdbal govemments o Foreign institutions are not eligible to apply o Faith-based organizalJons For the purpose of this RFA, AHRQ will award grants only to non-profit organizations. For-profit organizations may participate in projects as members of consortia or as subconffactors. Organiza§ons described in sections 501(c)4 of the Internal Revenue Code, that engage in lobbying are not eligible, Praddce-based research networks, such as Integrated Delivery Systems Research Networks (IDSRNs) and Pdmary Care Practice-Based Research Networks (PBRNs) are eligible and encouraged to apply. The ISDRNs are a model of field-based research that links the health care researchers with large health care systems to conduct research on cutting-edge issues in health care on an accelerated timetable. A PBRN is a group of practices devoted to the pdmary care of patients to investigate questions related to community-based prance. InsfitutJons ahd partnerships which provide a substantial amount of safe~/net care to uninsured and Medicaid patients are encouraged to apply. INDIVIDUALS ELIGIBLE TO BECOME PRINCIPAL INVESTIGATORS Any individual with the skills, knowledge, and resources necessary to can7 out the proposed planning activities is invited to work with their institution to develop and submit an application. Individuals from underrepresented racial and ethnic groups as .weli~L.i individuals with disabilities are always encouraged to apply for AHRQ programs. AHKU iS commxr[ea [o supporung pUblic-private parmersnips mai Will result In ~n[eroperaDle, s[anoaras4)asea aa[a snanng across mul~ple ~re sites and lead to measur~le, generalizable and sustainable improvements in patient safe~ and quati~ of cam. Where applicable, Ptanning Dimctom are en~uraged to use federal heal~ info~a~on interoperabili~ HealB and Mum~ So,ices (HHS). NCVHS is a federal ad~o~ commi~eeto ~e S~etaw on he~ data and informat I~e~J~ The flint set of CH standards were ~opted by the HHS SecretaW on March 2~, 2003-~ 7 (HL~ messaging standards; Lcgi~l Obse~ation Identifier Name Codes (LOINC) to standardize ~e elec~onic e~change of clini~l laborato~ results; National Council on Prescription Brug Programs (NCDCP) standards for retail pharmacy bansacfions; [nsti~te of Elec~l and Ele~oni~ E~gin~rs 1073 (IEEE1073) standards Bat allow for heal~ ~re providers to plug medical devices into informa~on and computer systems; DigiBI Imaging Communi~dons in Medicine (BICOM) standards that enable retrieval and ~ansfer of images and assodat~ diagnostic info~afion. More info~a~on on CHI ~n be found at: h~p://~.whitehousegov/omb/e~ov/~tob~ealth info~a~cs.h~. In~rma~on on NCVHS may be found at h~p://w~.n~hs.hhs.qov. .- Projects funded under this RFA are considered part of the AHRQ HIT portfolio. As part of its FY 2004 HIT initiatives, AHRQ intends to establish a Health Information Technology Resource Center (HITRC). The HITRC will provide awardees a variety of services, including coordinating the activities of awardees across all of the HIT patient safety RFAs. All awardees under this RFA are expected to participate in the activities of the HITRC, Including When appropriate and feasible, AHRQ expects awardees to work with each other to identity collaborative opportunities that can contribute to the overall success of their projeqt.s' ~nd the overall success of AHRQs HIT and patient safety initiative. These collaborative relationships can be either self-initiated by the awardee, in conjunction with the HITRC or via mechanisms developed during the life of the project. RAND is under contract to AHRQ to serve as its Patient-Safety Evaluation Center. RAND's evaluation contract activity is not intended to evaluate the specific performance of individual patient safety projects but rather to provide an objective, comprehensive, and longitudinal view of AHRQ's patient safety initiative. This work is being accomplished by characterizing AHRQ's (1) progress in achieving its goals, (2) effects on clinical outccmes of patient safety interventions undertaken within the patient safety initiative, and (3) diffusion of new knowledge and practices beyond AHRQ patient safety initiative participants. The RAND team will conduct interviews with ail researchers directing the funded patient safety grants and will conduct site visits to a few projects that are field testing new interventions. Full cooperation with the RAND evaluation team is a requirement for receiving AHRQ HIT patient safety grant support. PRIORITY POPULATIONS The Healthcare Research and Quality Act of 1999 (See http://www, ahrq..qov/hrda99a.htm) reauthorized the Agency and directed AHRQ, in carrying out its mission, to conduct and support research and evaluations, and to support demonstration projects, with _r~..,ct~t~ the .d.~liv~ of health care i~n.~ner--city and rural areas (including frontier areas); and ~~~"'~ -~-r-'e- ~~1~ ~" ' '""~: '~. ~' TO impietY-hr this directive, AHRQ published a notice in the NIH Guide on February 28, 2003, establishing a new Agency policy on the Inclusion of Pdodty Populations in health se~ces research (see http:fl~rants.nih.qovl.qrantsl.quidelnotice-fileslNOT-HS. O3- 010.html). Applicants under this RFA should address Be requirements of including priority populations as specified in the Notice. PUBLICATION TRANSMI'FrAL: GENERAL AHRQ REQUIREMENTS In keeping ~vlth the Agency's efforts to translate the results of AHRQ-funded research into pracfJce and policy, grantees and/or contractors"are to inform the Office of Communications and Knowledge Transfer (OCKT) when articles from their studies are - accepted for publication in the professional literature. Grantees and contractors should also discuss any deas about other dissemination and marketing efforts with OCKT staff. The goal is to ensure that efforts to disseminate research findings are coordinated with other Agency activities to maximize awareness and application of the research by potential users, including clinicians, patients, health care systems, purchasers and policymakers. This is cdtical when outreach to the genera and trade press is involved· Contact with the media will take place in close coordination with OCKT and the press offices of the arantee's or contractor's institutions. In cases when products are created (such as annual or final reports w~b-based tools CD-~ROMs'~, grantees and contractors will be asked to submit to OCKT a bdef plan describin how the red'ct will be u i ' ' ' · . g p p b c~zed. An OCK'I' staff person w~ll be assigned to each product and will coordinate the implementation of the nlan esnedallv issues related t,', printing and electronic dissemination, and outreach to the media. '- ^H~ expects gram rec=p~ents [o Keep [ne Agency mmrmea or puo~lcaaons as wel~ as me Known uses ane )mpact of their Agency-sponsored work. Applicants are to agree to notify AHRQ immediately when a manuscript based on work supported by the grant is accepted for publication, and to provide the expected date of publication as soon as it is known, regardless of whether or not the grant award is still active, - To receive an award, applicants must agree to submit the original and 2 copies of an abstract, executive summary, and full report of the results in the format prescribed by AHRQ no later tan 90 days after the end of the project pedod. The executive summary should be sent at the same time on a computerdisk which specifies on the label the format uses (WPS.1 or WP6.0 is preferable). LETTER OFINTENT Prospective applicants are asked to submit a letter of intent that includes the following information: o Descriptive title of the proposed project o Name, address, and telephone number of the Principal Investigator o Names of the other key personnel~- o Participating institutions o Number and ti'de of this RFA Although the letter of intent is not required, is not binding, and does not enter into the review of a subsequent application, the information that it contains allows AHRQ and lC staff to estimate the potential review workload and plan for review. The letter of intent is to be sent by the date listed at the beginning of this document. The letter of intent should be sent to: U_sa Dolan-Branton, R.N. A~ency for Healthcare Research and Quality CP3, Room 6103 540 Gaither Road Rockville, MD 20850 SUBMITTING AN APPLICATION Applications must be prepared using the PHS 398 research grant application instructions and forms (rev. 5/2001). Applica[ions must'have a DUN and Bradstreet (D&B) Data Universal Numbering System (BUNS) number as the Universal Identifier when applying for Federal grants or cooperative agreements. The DUNS number can be obtained by calling (866) 705-5711 or through the web site at http://www, dunandbradstreeLcom/. The DUNS number should be entered on line 11 of the face page of the PHS 398 form. The PHS 398 document is available at httq3:/I.qrants.nih.qovl.qrants/fundinqlphs3981phs398.htm! in an interactive formal For further assistance contact Grantslnfo, Telephone (301) 435-0714, Email: Grantslnfo~,nih.qcv. To ensure equity among applicants, however, applicants using this form must observe page number and font size requirements specified in the Form PHS 398. USING THE RFA LABEL: The RFA label available in the PHS 398 (rev. 5/200t) application form must be affixed to the bottom of the face page of the applicalion. Type the RFA number on the label. Failure to use this label could result in delayed processing of the application such that it may not reach the review committee in time for review. In addition, lhe RFA title and number must be typed on line 2 of the face page of the application form and the YES box must be marked. The RFA label is also available at: http:ll.qrants.nih..qovl.qrantslfundin.qlphs39811abel-bk.pdf. SUPPLEMENTARY INSTRUCTIONS Applicants are encouraged to make use of AHRQ'S Healthcare Cost and Utilization Program (HCUP). The HCUP includes databases covering 1988-1997, with 1998 and 1999 data available in 2001. These all-payer databases were created through a Federal- State-industr7 partnership to build a multistate healthcare data system. The main HCUP databases contain discharge- level information for inpatient hospital stays in a uniform format with privacy protections. The Nationwide Inpatient Sample (NIS) is a nationwide probability sample of about 1000 hospitals. The State Inpatient Databases (SID) contains inpatient records for all community hospitals in 22 states. Other HCUP databases contain ambulatory surgery data from nine states. These databases can be directly linked to county-level data form the Health Resources and Services Administration's Area Resource File and to hospital-level data from the Annual Survey of the American Hospital Assodation. This does not preclude the use of secondary data sources or pdmary data collection. SPECIFIC INSTRUCTIONS FOR MODULAR GRANT APPLICATIONS: ,~Hh~ ~S not using the Moou~ar L~rant App~ca~on aha ^wara Process. Applicants mr tunamg from AHt~U snoula ~gnore applical~on instructions concerning the Modular Grant Application and Award Process, and prepare applications according to instructions provided in form PHS 398. Applications submitted in the Modular format will be returned without review. SENDING AN APPLICATION TO THE NIH and AHRQ: Submit a signed, typewritten odginal of the application, including the checklist, and three signed photocopies in one package to: Center for Scientific Review National Institutes of Health 6701 Rockledge Ddve, Room 1040- MSC 7710 BelJ]esda, MD 20892-7710 (20817 for express/courier service) At lhe time of submission, two additional copies of the application, labeled "Advanced Copy" must also be sent to: Lisa Dolan-Branton, R.N. · Agency for Healthcare Research and Quality CP3, Room 6103 540 Gather Road Rockville, MD 20850 Telephone: 301-427-1588 .- FAX: 301-427-1597 Email: Idolan~ahrq ~!ov -'- S]SECAL APPLICATION REQUIREMENTS: Application Preparation Complete information about the proposed planning effort must be submitted with the application. The narrative portions of the application, described below under "Research Plan," should be limited to twenty-five pages of text. The application should be a complete document that includes all essential information necessary for its evaluation. While additional explanatory material may be submitted as appendices, such appendices should not be used to bypass page limitations in the application because only se~cted reviewers will receive copies of the appendices. Since the form PHS 398 was developed for research grant applications, the following supplemental instruclJons should be used as a guide in the preparation of the application. The following supercede the PHS 398 instructions. 1) Under 'Performance Sites" (page 2), list only the official name and address o¢ the lead partner. A complete listing of the other parlners should be attached to the application as an appendix 2) Detailed Budget In general, allowable budget items for these planning and development grants are limited to a portion of the salaries of the planning director, consultation fee~, key adminislralJve and cledcal support personnel, as allowed by the appropriate Federal cost principals, travel and per diem expenses for outside consultants/advisors, and supplies. The budget should'include travel and per diem expenses for the planning director and/or other key personnel to be attend one meeting in Washington, D.C. with AHRQ and HITRC staff. The level of effort of personnel should reflect the commitment of the individual to the planning process. The purchase of equipment, including computer hardware and software, is limited to 20% of the total grant. All budget requests should be well justified. Budget requests submitted under this part of the RFA should not exceed $200,000 in total costs. Applications submitted with budget requests that exceed $200,000 in total cost will be returned without review. Cost sharing or matching are not required of applications submitted in response to this RFA. Biographical Sketches. Include in this section a biographical sketch of the planning directoi (equivalent of Principal InvestJgatoir)'and other key personnel to be involved in the planning effort. 4) Resources available to the partnership should be described once, either in a separate section following the biographical sketches or included in the narralJve text (see below). Research Plan. This narrative part of the application should contain the following elements: Section I. Partnerships -- AGEhiDA iTEM No. D/' , a,~ uescnpaon cT me ex,sung or p~annea parmersmp, uescnoe me organ)zat~ons ana melr role ~n me parmersmp, ulscuss me contribution of resources from each organization in the partnership. Include as an attachment any memorandum of understanding or agreement (MOU/A) between the partners. b) Current or proposed infrastructure supporting the partnership. Describe and discuss the existing or planned infrastructure that suppods the implementation effort. This discussion (which may alternatively be included in the Resources section of the application) should include details of any computer-based or other information systems currently in use (or planned). The current, or proposed, director and any support staff should be identified, including a description of their qualifications and source of solary support (if any). Senior officials of participating organizations should, in addition to the above mentioned MOU/A, provide a letter documenting support for the proposed planning and development process. These and other letters of support should be included as an appendix and referenced in this section of the application. c) Progress to date in developing HIT infrastructure. Include a summary of other HIT p{anning activities completed to date, including a summa~ of decisions and their underlying rationale. Applicants should also include discussions of the partnership's current status for e~ch of the Areas of Focus. Section ]1. The Proposed Planning Effort a) Description of the planning director and his/her responsibilities and authority to cam/out the proposed planning process. Discuss the selection cf this individual as planning director (equivalent of principal investigator) and his/her future role in the partnership. This section should present an adequate description ~f his/her qualifications and administrative experience. b) Description of the planning committee. If an internal planning committee_is being proposed, list and discuss the membership. Ust any external consultants to the planning committee. c~' Des~-iption of other key personnel and their duties. Discuss the selection and duties of the key personnel supporting the planning director and planning commi{tee. ., d) Description of issues that will need to be resolved through the planning and development process and stralegies to overcome them. Discuss the issues/obstacles that must be considered in the planning and development process. e) Detailed description of the planning proposed. Include discussions of the proposed apprcach to planning activities and basic project parameters for each of the Areas of Focus. 0 Discussion of partnership's future plans to implement and evaluate HIT activities. Applications submitted under this RFA must be received by Apdl 22, 2004. An application received after the deadline ma,/be acceptable if it carries a legible proof-of-mailing date, assigned by the carrier, and the proof-of-mailing is not !ater than one week prior to the deadline date. If an application is received after that date, it will be returned to the applicant without review. APPLICATION PROCESSING Applications must be received on or before the application receipt dates listed in th; heading of this RFA. If an application is received after that date, it will be returned to the applicant without review. The CSR and AHRQ will not accept any application in response to this RFA that is essentially the same as one currently pending initial review unless the applicant withdraws ~he pending application. However, when a previously unfunded application, originally submitted as an investigator-initiated application, is to be submitted in response to a RFA, it is to be prepared as a NEW application. That is, the application for the RFA must not include an Introduction describing the changes and improvements made and the text must not be marked to indicate the changes from the previous unfunded version of the application. Applicants are encouraged to read all PHS Forms 398 ins~ctions pdor to preparing an application in response to this RFA. The PHS 398 type size requirements (p.6) will be enforced rigorously and non-compliant applications will be returned. It is very important to note that limitations on number of pages and size of font must be observed; applications violating these requirements will be returned without review. Institutional Review Board (IRB) approval of human subjects is not required pdor to peer review of an AHRQ application. The "AHRQ Revised Policy for IRB Review of Human Subjects Protocols in Grant Applications' was published in the NIH Guide on September 27, 2000. (http:llqrants.nih..govlqrantslguideJnotice-fileslNOT-HS-OO-OO3.html) --~A~.-Ei.;~.~?~ ....... No. (,,~, (". _'___ The RFA is also available on AHRQ's Web site, http://www. AHRQ.qov, (see under Funding Opportunities). Application Preparation (for Using CMS Data) ' Purchase of CMS public-use data, Jf reouired, should be discussed in the application narrative and included in Pr°jects will ordinarily not use CMS (M~dicare or Medicaid)data involving individual ~dentifiers. However, for at~;libc~Ubd, ogne~ that propose to use Medicare or Medicaid data that are individually identifiable, applicants should state expliCitly in the "Research Design and Methods' section of the Research Plan (form 398) the specific files, time pedodS, and cohorts proposed for the research. In consultation with Center for Medicare and Medicaid Services (CMS), previously called Health Care Financng Administration (HCFA), AHRQ will use this information to develop a cost esfimate for obtaining the data. This estimate will be included in the estimated total cost of the grant at the lime funding d'ecisions are made. Applicants should be aware that for individually identifiable Medicare and Medicaid data, Principal Investigators and their g~'antee institutions will be required to'enter into a Data Use Agreement (DUA) with CMS to protect the confidentiality of data in accordance with AHRQ's confidentiality statue, 42 USC 299c-3(c), the Privacy rules at 45 CFR Parts 160 and 164, if applicable, and standards set out in OMB Circular A-130, Appendix Ill-Security of Federal Automated Information Systems. The use of the data wqi be res~cted to the purposes and time period specified in the DUA. At the end of this time pedod, the grantee will be required to return the data to CMS or certify that the data have been destroyed. Unless AHRQ is able to negotiate exceptional arrangements included in the DUA is the requirement that the User agrees to submit to CMS, a copy of ali findings within 30 days of making such findings, for the sole purpose of assudng CMS that data ccnfidentiaJity is maintained. The user further agrees not to submit these findings to any third party (including but not limited to any manuscript to be submii:ted for publication) until receiving CMS's approval to do so. in deve!oping research plans, applicants should allow time for refining, obtaining approval, and processing of their CMS data requests. Requests may take 6 months from the time they are submitted to_complete. Applications proposing to contact beneficiaries or their providers require the approval of the CMS Director and may require meeting(s) with CMS staff. CMS data are provided on IBM mainframe tapes ,asing the record and data formats commonty employed on these computers. Applicants should either have the capability to process these tapes and formats or plan to make arrangements to securely ccnvert them to other media and formats. Questions regarding CMS data should be directed to the AHRQ program official listed under INQUIRIES. Assessment of AHRQ Grant Programs In carrying out its stewardship of research programs, the AHRQ may request information essential to an assessment of ',he effectNeness of Agency research programs. Accordingly, grant recipients are hereby notified that they may be contacted after the completion of awa.,ds for periodic updates on publications resulting from AHRQ grant awards, and other information helpful in evaluating the impact of AHRQ-sponsored research. AHRQ expects grant recipients to keep the Agency informed of publications as well as the known uses and impact of their Agency-sponsored research. Applicants are to agree to notify AHRQ immediately when a manuscript based on research supported by the grant is accepted for publication, and to provide the expected date of publication as soon as it is known, regardless of whether or not the grant award is still active. To recave an award, applicants must agree to submit an original and 2 copies of an abstract, executive summary, and full report of the research results in the format prescribed by AHRQ no tater than 90 days after the end of the project pedod. The executive summary should be sent at the same time on a computer disk which specifies on the label the format used (Word Perfect, or Word, or ASCII format). The past cooperation of applicants with regard to the submissions described in this section may be considered in the application review to assess applicants' potential for responsible stewardship of awarded funds. TECHNICAL ASSISTANCE: AHRQ encou, mges applicants to take advantage of a technical assistance conference call sponsored by AHRQ program staff. This two hour conference call will provide potential applicants with background information and respond to questions about the preparation of an application in response to this RFA. Participants are encouraged to submit questions via email prior to the conference call. Please submit up to five questions with your name and the name of your institution to HITPlanningRFA~AHRQ.qo~v by January 20, 2004. Questions of a similar topic and nature may be grouped at the sole discretion ofAHRQ staff. The conference ca s open to any individua oror anization ntendin, toa I P .... · - · ;~..*_.,~- ....... E~..requ,s~te to apply,ng~::~_f~e~.~!~',~~~ ..... ~ The last hour of the call will ...... register to participate in the call,- please send your request to HITPlanninqRFA~AHRQ..qov by January 20, 2004. Transcripts of the conference call will be available seven business days after the call. Please send your request for a copy of the transcripts to HITPIanninQRFA~AHRQ.gov. ' PEER REVIEW PROCESS Upon receipt, applications Will be reviewed for completeness and responsiveness by the Agency Referral Officer, program staff, and grants management staff, incomplete and/or non:responsive applications or applications not following instructions given in this RFA will be returned to the applicant by the Agency Referral Officer without further consideration. A~3plications that are complete and responsive to the RFA will be evalUated for scientific and technical medt by an appropriate peer review group convened in accordance with standard AHRQ peer review procedures. As part of the merit review, all applications will: o Undergo a process in which only those applications deemed to have the highest scientific medt will be discussed and assigned a priority score o Receive a written crilJque ~ REVIEW CRITER IA In the written comments, reviewers will be asked to evaluate the application in order to judge the likelihood that the proposed project will have a substantial impact on the pursuit of the RFA's goals: o Significance o Approach o Innovation o__ Planning Director o EmJironment o Budget The application does not need to be strong in all categories to be judged likely to have major scientific impact and thus deserve a high priodty score. For example, an investigator may propose to carry out important work that by its nature is not innovative but is essential ~.o move a field forward. - SIGNIFICANCE: Does your project address an important gap or problem? If the aims of your application are achieved, how do they advance the general knowledge with regard to HIT diffusion and adoCJon? What will be the effect of your pi'bject on the concepts or methods that ddve this field? To what extent will the proposed implementation activity involve populations of providers or patients most in need of HIT innovations? APPROACH: Are the conceptual framework, design, methods, and analysis adequately developed, well integrated to the aims of the project? Do you acknowledge potential problem areas and consider alternative tactics? INNOVATION: Does your project employ r~ovet concepts, approaches or methods? Are the aims odginal and innovative? Does your project challenge existing paradigms or develop new methodologies or technologies? PLANNING DIRECTOR: Are you appropriately trained and well suited to carry out this work? Is the work proposed appropriate to your experience level as the pdndpal investigator? Does the study team contain appropriate experience? ENVIRONMENT: Does the environment in which your work will be done contribute to the probability of success? Do the proposed experiments take advantage of unique features of the environment or employ useful collaborative arrangements? Is there evidence of institutional support?. BUDGET: The proposed project budget and the requested pedod of support should be reasonable in relationship to the project. ADDITIONAl' REVIEW CRITERIA: In addition to the above criteria, the following items will be considered in the determination of scientific medt and the pdodty score: o PROTECTIONS: The adequacy of the proposed protection for humans or the environment, to the extent they may be adversely affected by the project proposed in the application. o INCLUSION: The adequacy of plans to address the need of both genders, all radal and ethnic groups (and subgroups), and children as appropriate for the aims of'he project. Adequacy of attention to other populations of special pdodty to AHRQ (see discussion of Pfiodty Populatiohs in the section of Special Requirements, and Inclusion Cdteda included in the section on Agency policies and Requirements, below). hnally, applications w~ll ce assessea ~n two aaal[iona~ areas: ]) [ecnnlcai men[ or me proposea p~annmg process; and Z) potential of the new or existing organization to implement ils HIT plan. Peer reviewers will be asked to specifically comment in these two areas. The final priority scores will reflect the peer reviewer's overall assessment based on their judgments of the two review areas. -- -' 1. The technical merit of the proposed planning process: a) Clarity and appropriateness of planning goals and objectives; b) Extent to which the application appropriately defines the problems that need to be resolved in the planning process; c) Extent to which the proposed detailed planning effort has clear and appropriate goals consistent with AHRQ's stated goals and is of adequate scope with regard to the Areas of Focus; d) Qualifications of the proposed planning director to lead the planning and development effort and his/her leadership experience, adminisbative skills and research background; e) Qualifications and appropriateness of the key personnel designated to assist the planning director;, f} Appropriateness of the membership and stated functions, as well as potential effectiveness, of the proposed intemat planning committee (or advisors to the planniog director}, and, g) The adequacy of measuring the success of the planning process. 2. The potential of the organization to implement its HIT plan: a) Adequacy of the commitment of the members of the collaborative to implement HIT, as evidenced by previous work in HIT implementation or letters of support;, b) Adequacy of the organization to address the healthcare of priodty popul~ons; c) Adequacy and stability of the organ zation's administrative, organizational and management capabilities; and, d)_Extent to which the award of grant funds will enhance the ability of the organization to plan future activities for implementing H~'T. The reviewers will also examine the adequacy'~f the budget for the proposed Prelect to achieve the projects goals. ADDITIONAL CONSIDERATIONS: DATA SHARING: Data Confidentiality Pursuant to section 924(c) of the Public Health Service Act [42 USC 299c-3(c)], information obtained in the course of any AHRQ supported-study that identifies an individual or entity must be treated as confidential in accordance with any explicit or implicit promises made regarding the possible uses and disclosures of such data. There are now civil monetary penalties for violation of this confidentiality statute. [42 U.S.C.299c-3(d)] In the Human Subjects section or,he application, applicants must describe procedures for ensuring the confidentiality of the identifying information to be collected. The description of the procedures should include a discussion of who will be permitted access to the information, both raw data and machine readable ties, and how personal identifiers and other identifying or identifiable data will be restricted and safeguarded. Identifiable patient health information collected by grantees under this RFA will also be managed in accordance with 42 CFR Pads 160 and 164, federal regulations pertaining to the privacy of protected health information. These pdvacy regulations, developed by the Department of Health .and Human Services pursuant to the Health Insurance Portability and Accountability Act of 1996 (HIPAA), became mandatory for covered entitles on Apdl 14, 2003. These regulations senze to limit the disclosure of personally identifiable patient information by covered enlJties and define when and how such information can be disclosed. Thus, for example, health care plans, clearinghouses, and those providers who engage in HiPAA-covered electronic transactions will require either patient authorization of disclosures of identifiable information to be made to researchers who are not their health care providers or waivers of such authorizations obtained from an IRB or Privacy Board (defined in the regulations) upon being satisfied that any identifiable health information will be appropriately safeguarded by the investigators. The HHS Office of Civil Rights (OCR) is the enforcement body for this regulation. Addi~onal Information about the regulations and their implementation can be obtained from: http:l: '.Nc~.aspe.hhs..qovladmnsimpl, The awardee should ensure that computer systems containing confidential data have a level and scope of secudty that equals or exceeds those established by the Office of Management and Budget (OMB) in OMB Circular No. A-130, Appendix III * Security of Federal Automated Information Systems. The National Institute of Standards and Technology (NIST) has published several implementation guides for this circular. They are: An Introducfion to Computer Security: The NIST Handbook; Generally Accepted Principals and Pracfices for Secudng Information Technology Systems; and Guide for Developing Security Plans for Information Technology Systems. The drcular and guides are available on the web at h.ttp:llcsrc, nist.govlpublicationslnistpubsltO0-121. The applicability and intended means of applying these confidentiality and security standards to subcontractors and vendors, if any, should be addressed in the application. Rights in Data AHRQ grantees may copyright unless otherwise provided in grant awards, or seek patents, as appropriate, for f~nal and interim products and materials, including, but not limited to, methodological tools, measures, software with documentation, literature searches, and analyses; which are developed in whole or in Part with AHRQ funds. Such coPYrights and patents are subject to- a worldwide irrevocable Federal government license to use and permit othersto use these products and materials for government purposes. In accordance with its legislative dissemination mandate, AHRQ purposes may include, subject to statutory confidentiality protections, making project materials, data bases, results, and algor~ms available for verification or replication by other researchers; and subject to AHRQ budget constraints, final products may be made available to the health care community and the public by AHRQ or its agents, if such distribution would significantly increase access to a product and thereby produce public health benefits. Ordinarily, to accomplish disthbution, AHRQ publicizes research findings but relies on grantees to publish research results in peer-reviewed journals and to market grant-supported products. AHRQ's Office of Communications and Knowledge Transfer (OCKT) wishes to be consulted in advance of publication in order to coordinate these issuances with other AHRQ dissemination activities, important legal dghts and requirements applicable lo AHRQ grantees are set out or referenced in the AHRQ's grants regulation at 42 CFR Part 67, Subpart A (Available in libraries and from thi~ GPO's website http://vw~v..qpoaccess..qov/cfr/index, html). AWARD CRITERIA Award cdteda that will be used to make award d~cisions include: o Scientific merit (as determined by peer review) o Availability of funds o Frogrammatic priorities REQUIRED FEDERAL CITATIONS INCLUSION OF WOMEN, MINORFFIES, AND CHILDREN IN RESEARCH STUDY POPULATIONS: It is the policy of AHRQ that women and members cf minodty groups be included in all AHRQ-supported research projects involving human subjects, unless a clear and compelling rationale and justifications are provided that inclusion is inappropriate with respect to the health of the subjects or the purpose of the research. Ail investigators proposing research involving human subjects should read the UPDATED "NIH Guidelines on the Inclusion of Women and Minorities as Subjects in Clinical Research," published in the NIH Guide for Grants and Contracts on August 2, 2000 (http:ll.qrants.nih.qov/firantsl.quidelnotice-files/not-od-OO-O48.html}. A complete copy of the updated Guidelines is available at http://cFants.nih.qovl.qrantslfundinq/women rain/guidelines update.btm. To the extent possible, AHRQ requires adherence to these NIH Guidelines. !nvestJgators may obtain copies from the above sources or from the AHRQ Publications Clearinghouse, listed under INQUIRIES, or from the NIH Guide Web site htt~:llqrants.nih.qov/.qrantsl.quide~ndex.html. AHRQ Program staff may also provide additional information concerning these policies (see INQUIRIES). PUBLIC ACCESS TO RESEARCH DATA THROUGH THE FREEDOM OF INFORMATION ACT: The Office of Management and Budget (OMB) Circular A-110 has been revised to provide public access to research data through the Freedom of Information Act (FOIA) under some circumstances. Data that are (1) first produced in a project that is supported in whole or in part with Federal funds and (2) cited publicly and officially by a Federal agency in support of an action that has the force and effect of law (i.e., a regulation) may be accessed through FOIA. If no Federal act is taken, having the force and effect of law, in reliance upon an AHRQ-supported research project, the underlying data is not subject to this disclosure requirement. Furthermore, even if a Federal regulation action is taken in reliance on such data under FOIA, 5 USC 552(b), disclosure of statutorily protected confidential identifiable data from such study is exempted from dis. closure under "the (b)(3) exemption." It is important for applicants to understand the scope of this requirement and its limited potential impact on data collected with AHRQ support. Proprietary data might also be exempted from FOIA disclosure requirements under 'the (b)(4) exemption", for example, if it constituted trade secrets or commercial information collected. NIH has provided general related guidance at http://grants.n ih..qovl.qrants/pol by/al 10/a110 guidance dec1999.htm which does not include discussion of the exception applicable to confidential identifiable data collected under AHRQ's authorities. ~noula appl~cams w~sn [o place aa~a COlleczea um3er mis r<PA ~n a pUDllC archive, WhiCh can provlce pro[ecaons Tor me aaza {e.§., as required by the confidentiality statute applicable to AHRQ supported projects, 42 U.S.C. 299c-3(c)) and manage the distribution of non-identifiable data for an indefinite period of time, they may. The application should include a description of any 'archiving plan in the study design and include information about this-in the budget justification section Of the application. In addition, applicants should think about how to structure informed consent statements and other human subjects procedures given the potential for wider use of data collected under this award. STANDARDS FOR PRIVACY OF INDIVIDUALLY IDENTIFIABLE HEALTH INFORMATION: The Department of Health and Human Services (DHHS) issued the last modification the "Standards for Pdvacy of Individually Identifiable Health Information', was mandated by the "Privacy Rule," on August 14, 2002. This regulation was mandated by the Health insurance Portability and Accountability Act (HIPAA) of 1996 which governs the protection of individually identifiable health information. It is administered and enforced by the DHHS Office for Civil Rights (OCR). Mandatory compliance with the Privacy Rule (fcr those classified under the Rule as "covered entities") must do so by April 14, 2003 (with the exception of small health plans which have an extra year to comply). Decisions about applicability and implementation of the Privacy Rule reside with covered entities. The OCR website (htto:/Iwww. hhs.qovlocrl) provides information on the Privacy Rule, including a complete Regulation Text and a set of decision tools that may be used to determine whether a researcher is a staff of a covered entity. Project Officers will assist grantees in resolving questions about the applicabilib/of HIPAA requirements. HEALTHY PEOFLE 2010: The Public Health Service (PHS) is cd'mitred to achieving the health promotion and disease prevention objectives of"Healthy People 2010," a PHS-led national activity for setting health improvement priorities for the United States. AHRQ encourages applicants to submit grant applications wfth relevance to the specific objectives cf this initiative. Potential applicants may obtain a copy of "Healthy People 2010" at h~:/lwww.health.qov/healthypeopte. AUTHORITY AND REGULATIONS: This program is described in the Catalog of Federal Domestic Assistance, Number 93.226. Awards are made under Title IX of the Public Health Service Act (42 USC 299-299c-7) as amended by P.L. 106-129 (1999). Awards are administered under the PHS Grants Policy Statement and Federal Regulations 42 CFR 67, Subpart A, and 45 CFR Parts 74 or 92. This program is not subject to the intergovernmental review requirements of Executive Order 12372 or Health Systems Agency review, The PHS strongly encourages all grant and contract redpients to provide a smoke-free workplace and promote the non-use of alt tobacco products. In addition, Public Law 103-227, the Pro-Children Act of 1994, prohibits smoking in certain facilities (or in some Cases, any portion of a fadlity) in which regular or routine education, library, day care, health care or early childhood development services are provided to children. This is consistent with the PHS mission to protect and advance the physicat and mental health of the Amedcan people. REFERENCES Committee on Quality Health Care in Amedce and Institute of Medidne (2001). Crossing the quality chasm: a new health system for the 21st century. Washington, DC, National Academy Press. Harrison, M. and A. Shirom (1999). Organizational Diagnosis and Assessment: Bddgir~g Theory and Practice: Thousand Oaks, CA, Sage. !;;~.CEiVED COUNTY MANAGER OFFICE. MEMORAN --- DATE: TO: FROM: March 11, 2004 Jim Mudd County Manager Donna Fiala, Chairman Commissioner, District 1 Affordable Housing Funds Attached is a copy of a letter and resolution that I recently received from John Albion, Chairman of the Lee County Board of County Commissioners. The letter and resolution was sent to Governor Bush and the members of the Florida Senate and House of Representatives urging them not to take dollars allocated for affordable housing and place them in the general revenue stream. I would like our Board to follow in the footsteps of Lee County, and also adopt a resolution requesting that the Governor, Senate and House not support this issue. Thank you. ~ ~ Ddnna Fiala, ' Commissioner, District 1 DF/ksh Attachment I.L,,I 2 3 200 pg. ~ Bob Janes D/s~fct One Douglas R. St. Cemy District Two Ray Judah Distdct Three Andrew W. Coy Distdct Four John E. Albion D/str/ct F-n/e Donald D. Stilwell County Manager James G. Yaeger County Attorney Diana M. Parker CounO/ Healing March 5, 2004 (.,.:..).. . ~, .j Dear Governor Bush and Members of the Florida Senate and House of Representatives: I am contacting you today on behalf of the Lee County Board of County Commissioners and all concerned citizens in Lee County to express our strong opposition to any proposal that would take desperately needed funds for affordable housing and place them in the general revenue stream to be used to fund projects'outside the original intended use of the funds. Taking dollars from affordable .housing produdtion will harm our already weakened economy, and prevent production of much needed shelter for Florida's most needy citizens. The State Housing Trust Fund should remain focused on the housing needs of our most needy residents- the very Iow and low income families, seniors, farm workers, and the homeless - those that can least afford a reduction in housing services. There are not enough housing funds to meet Florida's current need. There is no "surplus" of housing funds; there is a huge shortfall compared to existing need. In 2002, Lee County commissioned "The Public Cost of Inadequate Affordable Housing in Lee County" a study which found that the need for affordable housing costs Lee County citizenry over $249 million annually in lost economic opportunity, transportation infrastructure costs and social costs related to health care. On February 24, 2004, the Lee County Board of County Commissioners unanimously adopted the attached resolution strongly supporting the retention of the dedicated funding source for affordable housing in Florida and the full funding of affordable housing initiatives fi-om that dedicated source. Thank you for your support for safeguarding funds affordable housing funds for the working families of Florida. Sincerely, · ' 'oner, District Fiate, Chairman Lee County Board of County Commissioners Liaison and Chairman - Lee County Affordable Housing Committee S:~HOUSINGXLETTERS\Cover Letters for ResolutiousX2004 Housing Trust Fund Letter to Governor Bush.doc AGEN[I~, ITEM P.O. Box 398, Fort Myers, Florida 33902-0398 (239) 335-2111 Intemet address http'J/www, lee-county, com AN EQUAL OPPORTUNITY AFFIRMATIVE ACTION EMPLOYER LEE COUNTY BOARD OF COUNTY 'COMMISSIONERS RESOLUTION NO 04-02-72 WHEREAS, Florida is facing t~o very big challenges for Sadowski Act funding. First in the Governor's proposed budget for FY 2004-2005 appropriations for housing programs are proposed at $167 million less than full funding and as a result the State Housing Initiatives Partnership (SHIP) would lose $115 million, and the State programs would lose $52 million; and WHEREAS, the second challenge is that this year both the state and local housing trust funds must be reauthorized if Florida is to continue to have a dedicated revenue source for affordable housing; and WHEREAS, the Sadowski Act of 1992 provided for a surcharge on the documentary stamps so that the revenue source for affordable housing would be directly related to an-ar, ea '.s growth rate; and WHEREAS, the Florida Housing Coalition estimates that statewide the diversion of the $167 million will result in the loss of approximately 11,600 homes, over $1.3 billion of economic activity and over 25,000 jobs; and WHEREAS, full funding of the trust funds for FY 2004-2005 would mean that Lee County - as whole -- would receive a projected $7.2 million, but under the current proposal, Lee County would receive a projected $3.6 million which would leave a projected shortfall of $3.6 million; and WHEREAS, full funding of the trust funds for FY 2004-2005 would mean that unincorporated Lee County (whiCh includes the cities of Bonita Springs, Fort Myers Beach and Sanibel) would receive a projected $4.7 million but under the current proposal unincorporated Lee County would receive a projected $2.4 million which would leave a projected shortfall of $2.3 million; and WItEREAS, the projected shortfall for the cities of Cape Coral and Fort Myers would be at $852,000 and $386,000 respectively; and WHEREAS, there is a need for affordable housing in Lee County and last year Lee County issued only 912 building permits for single family units valued at $120,000 or less out of a total of 4,837 permits and at this rate of production Lee County will be unable to meet the estimated need of 30,000 affordable single family dwelling units by the year 2010. S:~-IOUSING~R.esolutions~2004 SHIP Trust fimd 'resolution.doc AGENDA IT.E_M MAR 2 3 200q I-,o,~ a 2-24-04 NOW THEREFORE BE IT RESOLVED THAT THE LEE cOUNTY BOARD OF COUNTY COMMISSIONERS strongly supports the dedication and full appropriation of Sadowski Act documentary stamp revenue to affordable housing initiatives and the re-authorization of the state and local housing trust funds. This resolution was offered by Commissioner Judah , who moved for its adoption. The motion was seconded by Commissioner Janes and upon being put to a vote, the vote was as follows: Douglas St Ce.rny ~vo Bob Janes Aye Ray Judah Aye Andrew Coy. Aye John Albion Aye DULY PASSED AND ADOPTED this ~4~h Of ~'~h,-,,~-.,, ,2004 ATTEST CHARLIE GREEN, CLERK APPROVED AS TO LEGAL FORM AND 'CONTENT Office of the County Attorney LEE COUNTY BOARD OF COUNTY COMMISSIONERS S:XHOUSINGLResolutionsX2004 SHIP Trust fund resolution.doc EXECUTIVE SUMMARY ACCEPT THE FINAL REPORT OF THE COLLIER COUNTY REVENUE COMMISSION, AN AD HOC ADVISORY BODY, CREATED TO EXPLORE ALTERNATIVE REVENUE SOURCES FOR MEETING THE COUNTY'S NUMEROUS AND VARIED NEEDS OBJECTIVE: That the Board of County Commissioners approve the final report of the Collier County Revenue Commission. CONSIDERATIONS: Pursuant to Resolution No, 2003-118 and as directed by the Collier County Board of County Commissioners, the Collier County Revenue Commission held a series of 8 regular and 3 subcommittee meetings over the past eight months, commencing with the first meeting July 8, 2003. The commission was tasked with exploring alternative revenue sources for the County, specifically evaluating alternative funding sources to fund four specific areas: beach and boat access, landscape beautification program, stormwater management program and burying of power lines within residential communities. As directed by the board on March 11, 2003 and subsequently in a September 30, 2003 letter frown the Chairman of the Board of County Commissioners, the sixteen-member revenue commission evaluated all aspects of funding and sources of revenue for the various capital improvement programs of the county. The enclosed report to the Board of County Commissioners from Mr. James R. Gibson, Chairman, Revenue Commission, contains the findings of the commission, unanimously adopted at their February 11, 2004 meeting. This item was previously heard by the Board of County Commissioners at the February 24, 2004 meeting however, Chairman Gibson, who was unable to attend that meeting, has requested the opportunity to re-present the Revenue Commission's report. FISCAL IMPACT: None specifically related to this action. GROWTH MANAGEMENT IMPACT: There are no growth management impacts associated with the Executive Summary. RECOMMENDATION: That the Board approve the final report of the Collier County Revenue Commission, consider the revenue commission mission completed and terminate the commission unless otherwise directed by the Board. APPROVED BY:_// /~ ~ Date: /os/ph K. Schrr~it_t, Xdministr~tor munity Development and Environmental Services MAR 2 Collier County Revenue Commission February 12, 2004 The Honorable Donna Fiala, Chairman Board of County Gommissioners of Collier County 3301 East Tamiami Trail Naples, Florida 34112-4977 Dear Commissioner Fiala: In response to the Board of County Commissioners' tasking letter to the Revenue Commission of September 30, 2003, the Revenue Commission is pleased to transmit herein its findings and recommendations regarding the prioritization and funding requirements for the areas specifically detailed in the Board's original correspondence. The enclosed transmittal package consists of an overview summary, detailed discussion documents for each subject area and relevant supporting documentation. Should the Board require additional information or clarification regarding the Commission's findings and recommendations, we, of course, will be pleased to provide same. With this transmittal, the Revenue Commission believes it has fully and faithfully completed the obligations of its original mission. The Revenue Commission, at this time, does not anticipate additional future meetings unless or until the Board requests the Commission to reconvene for a specified purpose. In closing, the Commission would like to acknowledge the support and assistance provided to the Commission by County Manager James Mudd, Assistant to the County Manager Winona Stone, Budget Director Mike Smykowski and Community Development and Environmental Services Administrator Joseph Schmitt and his staff. Respectfully submitted, James R. Gibson, Jr. Chairman Collier County Revenue Commission JRG/ssl cc: Board of County Commissioners of Collier County James Mudd, County Manager AC.-~IOA IT~ MAR 2 3 REPORT to the BOARD OF COLLIER COUNTY COMMISSIONERS by the REVENUE COMMISSION A summary of findings and recommendations for the prioritization and funding of certain program areas. The Revenue Commission has reviewed the programs originally suggested for franchise fee funding and finds that alternative funding sources are more applicable and suitable and, therefore, imposition of a franchise fee is not recommended. The Revenue Commission makes the following recommendations: The beach and boat access program should be funded by tourist development funds, impact fees and, if additional funding is necessary, the county-wide general fund. See enclosure A. The landscape beautification program should continue to be funded utilizing gas tax revenues, the unincorporated general fund and, to a greater extent, the county-wide general fund to comply with BCC policy that states community gateway landscaping should be funded by the county-wide general fund. See enclosure B. o The stormwater management program should be funded by county-wide and unincorporated general funds and by MSTUs for specific areas that benefit from the individual stormwater projects. It is further recommended that the Stormwater Utility be used to provide a dedicated funding source to qualify for grant funding. Moderate annual funding increases into the Stormwater Utility could double the available program when it is augmented by cost sharing and grants. See enclosure C. The program to bury power lines was considered a low priority program. T.o the extent that communities want to bury adjacent power lines, funding requirements should be authorized using a Municipal Services Taxing Unit (MSTU). Please find enclosed herein additional and supporting documentation regarding the above enumerated recommendations. The Revenue Commission will be pleased to respond to questions regarding its recommendations or provide clarification or additional information if so required by the Board. Approved unanimously by the Revenue Commission at its meeting of February 11, 2004. Submitted this date by: James R. Gibson, Jr. Chairman Collier County Revenue Commission MAR2320~ I Beach and Boat Access Recommendations Potential funding sources for Beach and Boat Access Individual projects were reviewed and potential funding sources were considered. See attached project listings. 1. Beach and Boat Access costs have traditionally been paid by the County-wide General Fund (001) which includes revenue from residents in unincorporated Collier County and all the cities. 2. Tourist Development Council (TDC) funds are collected from the 3% tax on hotels and rentals. Recent BCC approval will provide about $7 million over 1 0 years for new beach and boat access. An additional $1 3 million could be available if a 4th cent is approved by BCC. 3. User fees could be charged for beach parking permits (currently free) and boat ramp fees could be increased. 4. Impact fees for beach and boat access could be assessed. Current beach and boat access is considered generally adequate for the current population. Future facilities are needed for future population growth. A beach/boat impact fee could be added to the current parks/recreation impact fee. That would mandate a Level of Service (LOS) category A and a deficiency could cause a building moratorium· If a separate beach/boat impact fee were approved, it could be designated LOS category B. 5. Franchise fees could be collected from unincorporated county residents; however, Naples, Marco Island and Everglades cities would not contribute. Estimated costs With the recent BCC decision to eliminate beach front properties (like Vanderbilt Inn and Wiggins Pass Marina) and direct staff to concentrate on park and ride opportunities, the master plan costs were reduced by $ 59 million. The 10 year master plan (FY05 thru FY1 4) cost is estimated at $65.3 million How,',,~r it is · AGENOA ITEM-"' recognized that some projects will never be completed b~ce&[se MAR 2 3 of community resistance. Available (and potentially available) resources A recent BCC decision to allocate $2 million of annual TDC funding to beach/boat access, will provide $0..5 to $1 million per year for new beach and boat access facilities. This would provide an estimated $7.0 million over 1 0 years. The BCC is currently considering whether to increase TDC funding. Under one proposal, the BCC would add a 4th cent, giving $:3 million to advertising and $1 .:3 million to new beach and boat access annually. This alternative could provide $1:3.0 million over the 1 0 year master plan period. If all potential resources are provided, the remaining beach and boat access unfinanced program would be about $45 million. Revenue Commission recommendations 1. Usea combination of TDC funding, impact fees and, if additional funding is necessary, County-wide General Fund (001) for this program. State and federal funding should also be pursued. 2. Prepare an impact fee study to determine the potential cost per housing unit and whether the current parks/recreation impact fee should be expanded or a new beach/boat access impact fee created. Both sources could be bonded. 3. User fee increases for boat ramps and beach parking stickers are not recommended. 4. Franchise fees are not recommended since beach/boat access is a county-wide function and franchise fees would only be collected from unincorporated residents. MAR 2 3 200z~ AGENDA ITEM _ ~AR 2 3 2~F.,~ Landscape Recommendations .Potential funding sources for Landscape Individual landscape projects were reviewed and potential funding sources were considered. See attached project listings. 1. Gas taxes, the County-wide General Fund (001) and the Unincorporated General Fund have been used for the landscape program and are appropriate funding sources for the future. 2. Franchise fees could be used to replace gas taxes (31 3) or Unincorporated General fund (111) expenses. Since franchise fees would be collected only from unincorporated county residents, they should not be used to replace General Fund (001) costs. Estimated costs The project listing for the capital construction costs includes the landscaping along newly constructed and improved roads and the catch-up program. $26 million in capital costs were identified between FY04 and FY11 and $11 million in associated new maintenance costs. Capital costs include irrigation lines, planting trees, shrubs and grass, etc. Available resources Current funding sources for capital costs were identified as follows: Gas taxes (Fund 31 3) Unincorporated Fund (111 ) General Fund (001) Total $18.9 million $ 5.8 million .$ 1.3 million $26.0 million As new roads are constructed/improved, gas taxes are used to fund the adjacent median and street landscape. This ensures that the funding is available for landscaping in conjunction with the road construction program. The catch-up capital program, for landscaping along ro~ ds that were recently improved, is paid by funds 001 and 111. A~J~II)A ITEM MAR 2 Funding source for $1-1 million in maintenance costs associated with the capital program is the Unincorporated General Fund (111 ). Alternate reSource allocation The Landscape Beautification Master Plan states that Community Gateways serving as the main entry points and corridors to Coilier County's improved Streetscape road system, will be funded in General Fund 001. Seven community gateways are identified: Ivlarco Island East Trail, 1-75 & CR 951,1-75 & Pine Ridge, 1-75 & Golden Gate Parkway, North Trail (US41) from Lee County line, 1-75 & Immokalee Road and Livingston Road from Lee County line. Several of the gas tax (Fund 31 3) projects and most of the catch-up (Fund 111 ) projects are gateways that should be funded by the county-wide general fund (001). When these adjustments are made, the new funding profile is: Revised Capital Landscape Master Plan ($ in 000) Gas Unincorp General / Total Tax Fund Fund / Capital (313) (111) (001) / FY04 $4,078 $1,888 $1,300 / $7,266 FY05 620 0 1,91 2 / 2,532 FY06 1,348 630 2,509 / 4,487 FY07 4,834 0 1,11 5 / 5,949 FY08 2,426 0 0 / 2,426 FY09 1,270 0 0 / 1,270 FY10 0 0 2,107 / 2,1 07 Total $14,576 $2,518 $8,943 / $26,037 Revenue Commission recommendations 1. Revised funding sources are recommended. Gas tax funding that is made available by the funding realignment shou! AGENDA ITEIvI~ returned to the road building program. 2. The General Fund (001) funding for the capital program should be included in the current services budget, so that grant funding can be pursued. 3. New landscape maintenance costs should continue to be funded in the Unincorporated General Fund (111 ). 4. Franchise fees are not recommended. ~AR 2 3 200z~ Catch-up LandScape n r ti n F n in (Currently identified to Fund 111 ) Landscape Plan for FY05 *US 41 North (VBR-Immokalee Rd) *Livingston Road (GG-Pine Ridge) *US 41 East (Rattlesnake-St.Andrews) *Pine Ridge Interchange Total $261 k 812k 309 k 530 k Landscape Plan for FY06 *US 41 North (Immo-Wiggins Pass) *lmmokalee Rd (1 1 1 th-US 41 N) *US 41 Golden *US 41 East (St. Andrews-Barefoot) Gate (Collier Blvd) North (Wiggins Pass-Lee Co) Total $283 k 61 k · 691 k 630 k 377 k * Potential General Fund (001) funding. Capital costs relate to laying new irrigation lines, planting trees, scrubs and grass, etc. Maintenance costs include grass cutting, pruning, watering, etc. AGENDA ITE~ HAR 2 3 200~ .~. / :z.-.- Pot nil en r IFund 1 Construction Landscape Plan for FY05 *US 41 North (VBR-lmmokalee Rd) *Livingston Road (GG-Pine Ridge) *US 41 East (Rattlesnake-St. Andrews) *Pine Ridge Interchange Total $261 k 812k 309 k $1,912 k ,Construction Landscape Plan for FY06 · Golden Gate Interchange -GG/Airport Grade Separation · GG (Livingston to Airport) · US 41 North (Immo-Wiggins Pass) · US 41 North (Wiggins Pass-Lee Co) · lmmokalee Rd (111 th-US 41 N) · US 41 East (St. Andrews-Barefoot) Total $310k 155k 632 k 283 k 377 k 61 k 691 k $2,509 k Construction Landscape Plan for FY07 · lmmokalee Rd (US41-1nterstate 75) Total $1,115 k $1,115 k Construction Landscape Plan for FY1 0 · Collier Blvd (Davis Blvd-US41 ) Total $2,1 07 k $2,1 07 k * From Catch-up program Unincorporated General Fund 1 1 1 - From Gas Tax program Fund AOENOA ITEM Stormwater Management Recommendations Potential funding sources for Stormwater Management Individual stormwater projects were reviewed and analyzed and potential funding sources were considered. See attached project listings. 1. Stormwater management capital projects have traditionally been funded by the County-wide General Fund (001) and the Unincorporated General Fund (111 ). 2. Some stormwater projects that benefit a specific geographic area are funded by separate Municipal Services Taxing (T) or Benefit (B) Units (MSTU, MSBU and MSTBU). There can also be cost sharing where the county pays a percentage of the costs for general improvements and the remainder is paid by those who specifically benefit. 3. Several of the projects benefit future land development. The legality of creating of a specific geographic area impact fee or a benefit assessment that could be charged to the future developer should be examined. 4. A Stormwater Utility was created in 1 991 by ordinance based on Florida statute. (Stormwater Utility Ordinance No. 91-27, approved by the BCC on 3/1 9/91 .) The Stormwater Utility funding mechanism was never implemented by the BCC due in part to opposition by agricultural and development interests. The ordinance may need to be amended to reflect current state law provisions regarding establishment and funding implementation for the Utility. Stormwater program grants, both state and federal, plus a low interest State Revolving Loan Fund are available to be leveraged if the county has a dedicated funding source. The Stormwater Utility could serve as the dedicated funding source. 5. Franchise fees could be used for unincorporated stormwater management projects, but would not be appropriate for county-wide projects since city residents don't ,~,, NAR 2 3 Estimated costs The stormwater management program is estimated to be about $320 million, $1 80 million in the 1 0 year master plan period from FY03 to FY1 2, and $1 40 million in years after FY1 2, based on information provided by county staff. Available resources In FY04, county commissioners provided about $3.~ million in project funding, in addition to $2.7 million in carryforward from FY03. In January 2004, about $1 7 million was allocated to purchase the Fleischman property to benefit the Gordon River Extension Basin project. An additional $2.7 million was provided from transportation funding for roadways. Revenue Commission recommendations 1. The local area benefiting from a project should pay some of the costs. Where specific areas benefit, they should pay, with reasonable county cost sharing when there are general benefits that extend beyond the limited area. This would apply to most individual projects, including the Lely project (possibly a 25% Lely, 75% county split) and the $1 29 million culvert and swale projects (possibly a 50/50 split in moderately sized MSTU's). Cost sharing percentages should be determined by specific review of the projects. 2. Projects that benefit future development should require developers to pay for the benefits they derive. Current residents should not be financially responsible to clean up areas for future land development. 3. The Stormwater management program has suffered from an inconsistent and Iow level of funding. The Stormwater Utility should be used as a dedicated funding source. The current $6 million level of funding ($3.2 million in new FY04 funding, plus $2.7 million in carryforward) can be put in the Stormwater Utility. A planned program with moderate annual funding increases MAR232006 ~ would provide a stable, long-term funding commitment that could double the annual program through cost sharing, grant matching and possible bonding. This funding process would provide significant progress in improving stormwater management in the future. For example, in FY05, an additional $4 million could be added to the program (for total new funding of $7 million in FY05), from the County-wide and Unincorporated General Funds. Then the total new funding could be increased $2 to $3 million each subsequent year (total new funding of $9 to $10 million in FY06) until the Utility reaches an adequate annual funding level as determined by a BCC-approved long range capital program. To provide a level of stability needed for a dedicated funding source, a policy stating the provision of funding for the Stormwater program should be included in the Capital Improvement Element of the Growth Management Plan. It will also be necessary to increase staffing of the stormwater management office to manage the MSTU cost sharing, grant writing and administration of the program as well as the capital improvements and maintenance of the expanded stormwater management facilities. 4. Franchise fees paid solely by unincorporated residents are not recommended. ...... ~c e- o o - -- ~ ~.~. ~- o ~ _o 0 ~--- .... ~ ~ ~~ m~ --o · ~ ~ .- ~ o o~ o ~ ~ ~ c ~ ~.~ ~ ~ ~ ~ oo ~ o~ o u ~ ~ .~ ~ -$~ ,~ .- --~ O~ ~ ~0 O~ · ~ 0 O~o~.~o o~ ~ 0 -- · ~_ , .4 < < ~ ~ : ~ ~ .~ ~ ~ ~ 0 ~ e 0 o ~ ~ ~ _ · - _ : ~ ~ = ~ 0 o ~ ~i ~ o o g 0 ~ 0 I · EXECUTIVE SUMMARY ADOPT A RESOLUTION CREATING THE COLLIER COUNTY REVENUE 'COMMISSION, AN AD HOC, ADVISORY BODY. OBJECTIVE: For the Board of County Commissioners to adopt the attached resolution thereby creating the Collier County Revenue Commission, an ad hoc advisory body, whose purpose is to explore alternative revenue sources for the County. CONSIDERATIONS: On October 22, 2002, the Board of County Commissioners discussed creating an ad hoc advisory body, not unlike the Economic Advisory Council, in order to explore alternative revenue sources for the County. The concept was to engage a broad spectrum of community leaders and stakeholders in a process that identifies the County's various fiscal needs (e.g. infrastructure, services and cultural) and then explores alternatives, both public and private, for meeting these needs. The Revenue Commission will submit its written findings and recommendations annually to the Board of County Commissioners. The Revenue Commission shall initially consist of the following entities: (1) Airport Authority, (2) Black Affairs Advisory Board, (3) City of Everglades, (4) City of Marco Island, (5) City of Naples, (6) Collier Building Industry Association, (7) Conservancy of Southwest Florida, (8) East Naples Civic Association, (9) Economic Development Council, (10) Golden Gate Civic Association, (11) 'Golden Gate Estates Association, (12) Greater Naples Chamber of Commerce, (13) Hispanic Affairs Advisory Board, (14) Immokalee Civic Association, (15) Naples Area 'Hotel/Motel Association, (16)~ Naples Better Government Committee, (17) Productivity Committee, (18) Property Owners Association of North Collier County, and (19) United Arts Council. The Board of County Commissioners may freely add to or remove an entity from the above list by resolution. GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this Executive Summary. FISCAL IMPACT: None by the mere adoption of this Resolution. However, from time to time staff resources may be needed to assist the Revenue Commission. " RECOMMENDATION: That the Board of County Commissioners adopt the attached resolution thereby creating the Collier County Revenue Commission, an ad hoc advisory body.to the Board of County Commissioners, whose purpose is to explore alternative revenue sources for the County. Re..vi_e..wed by: ISe~. Ochs, Jr. Deputy County Manager Date: Reviewed and Approved by: Ramiro Mafialich Chief Assistant County Attorney Date: Donna Fiala District 1 Frank Halas District 2 Tom Henning District 3 Fred W. Coyle Dislli~ 4 Jim Coletla District 5 3301 East Tamiami Trail · Naples, Florida 34112 - 4977 (239) 774-8O97 · Fax (239) 774-3602 September 30, 2003 Mr. James Gibson, Chairman Collier County Revenue Commission 5041 Mabry Drive Naples, Florida 34112' RE: Board of County Commissioners Tasking of the Collier County Revenue Commission Dear Mr. Gibson: On September 30, 2003, the Board of County Commissioners held its workshop regarding (1) Transfer of Development Rights and (2) Franchise Fees. County staff f~om Transportation, Public Services, and Community Development and Environmental Services (CDES) Divisions made a compelling presentation to the Board as to the need for a funding source for mafinanced requirements in the areas of(l) cost differential for burying power lines, (2) median maintenance~andscaping, (3) beach access/boat access, and (4) stormwater improvements. At the conclusion of the Workshop, the Board directed that the Revenue Commission be tasked for their recommendation to the Board regarding the use of franchise fees or other new or increased funding sources to satisfy the identified needs in the categories listed above. A copy of the Executive Summary on Franchise Fees and the presentatiqn slides are provided for the Commission's review. The Board further directed that the Revenue Commission present its recommendation(s) to the Board by March 1, 2004. Should the Revenue Commission require additional information or assistance, please contact Bleu Wallac~, Director, CDE8 .Operations, at (239) 659-5717. District3' g, Chairman {5~~ Enclosures (2) AR23 200t RESOLUTIOFI NO. 2003-_11 ~_ A ~OL~O~ OF ~ COLLAR CO~ BOA~ 0F cO~Y co~SIO~ ~T~G ~ COLLmR ~ ~0~ ~~ CO~SSlON. W~. on Octob~. 22. 200~ ~ Bo~d of Couot~ Ce~xsioue~ discus~d c~ca~ng hoc adv~o~ bod~. ~ Cnl~er Co~ R~venu~ Co~on. to ,xplo~ ~t~iv~ r~nn~ sou~ for me~ug th~ Co~'$ nume~ md v~ed ne~: ~d ~. findiu~ ~t~ ~ven~ ~e~ ~ tbu Co~ ~ewes u v~ifl public WHEREAS, Collier Coun~ O~di,ancc No. 2001-55 s~ts forth th= requirements for creafin~ advS. sory bodies, to include ad hoc advisory cornmltu:es. tqOW. ~ORE. BE IT RESOI~VED BY TH~ BOARD OI: COUNTY COMI~fIBSIOIq~--R$ OF COLLIER. COUNTY. FLORID,a-- that: Pu~uant to th~ pr~visiou~ of Collier County Ordlnanc~ No. ~.001-55, as it may bc ~n~d ~a~es ~ Colli~ County Revenue Co~ssion (Cool,on) ~ ~ a~h~ ad~o~ co~iUce. ~ Co,minion ~!1 expi~ ei~en (1 g) monks aft~ iU ~ mccdng im~diatcly subscqu~: to ap~in~t of mem~, ~l~s ta~ina~d ~ller b~ ~e Bo~ of Coun~ Com~ssione~- ~e Co~ission ~h~l initially consi$~ of nlnete~ (19) ~m~. Each of the following o~aai~do~s shall nomla~te o~ rep~sentafive to sc~e on ~c ~=venuc Come,ion: 1. Airart 3. ~ty of Evcr~ad~ d. City of M~co Island 5, 6. Col~er Buil~ng lndus~ ~, Cons~cy of Southwest ~ofida g. ~t Napl~ Civic 9. Economic Devclopmem Council 10. Goldcn Gatc Civic Association 1 1. Golden Gate E.~mtes Associa6on AGENDA ITEM ~.~ MAR 2 3 200/ 12. Greater l',[apl¢$ Chamber of Commerce 1.3. l:tislranic A. ffaira Advisory Board 14. Immoialcc C~vic Association 15. Naples Ar~.a Hotel/Motel Associ-~tlon 16. Naples Bct~c-r Government Committee 17. Productivity Cornn:fitt~ 15. Prop~lry Owners Association of North Collier Cotmty 19. United Arts CouncH Thc Board of Counv/Comrniss/oncrs may freely ~ckl to or ~'cmovc an entity from thc :,bore- mentioned list by resolution. Each member sha]l ~c-~,e for thc full duration of the Revenue Commission. unlcs~ r~rnoved by thc Board of County Commissioners. Jt ~h-all be thc responsibility of thc originating board, commltu:~, council or ~soc|ation to maintain its representation on the Revenue Commission for uhe duration of thc Comm/ssiou. Any member of the Corrurfisslon m~,y be removed ['wrn office with or without cause by a majority vote by thc Bo-,z-d of County Comm/ssioncr~. If any member of thc Commission Ls absen~ from two (2) or mor~ consecutivt m~ng.~ without ', excu~c, such member's position may be d,~-larcd racom by thc Bom-d of Courlty Comrrfissioners as prescribed by Collier County OrcSnnncc No. 2001-55, Membcrs of th~ Commission shall elect by rmtjorit)~ vo~¢ a Chairperson, a ¥icc-Ch~irpcrson and ~ Secretary. The pre~cncc of a major/ty of' the voting membc~ shall constitute a quo'rum. The Commission may adopt rul~ and procedures for thc tr~n~m:tlon o[ bus~n.e.~ --,nd shall r~cords o['mcctings, findings an4 determinations. The members of the Comm~ion shall serve withou~ compensation. The funct/ons, powers and du~cs of the Commission shall be to; A. Identify thc infrastructure r~clUiremeuts' governmental service and cum.mushy needs of Collier County; B. Explore both priv~e and publ;c revenue sources to mc=t these needs; and c. Submit wdrtcn finc[/ngs and recommendations annually to thc Board of County Commissioners. 128' Th{s Corem[ss;on is purely =dv~sory and sc~=s =t thc sole ~=~c~on of Comm~onc~. ~1 m~n~ sh~! be open [o ~e publ;c ~d sh~[l b~ govcmcd by ~e ~o~da Gov~ent in ~he S~s~ne Law. ~ Rc~nue Co~sslon ~h~! have th~ ~o~ to m~e a~y ncc~ and ~on~le ~q~m of s~ff~rou~ ~e Co~ty Managcr'~ ~is R~olu~en sh~i become effort: upon ad~tion by ~h~ Bo~d of PASSED A2ND DULY ,~01~ by ~he Board of Counoy Comr~ioners of Collier County, Florida, this _ t~'!~ day of ~ ,2003. I~O^RD OF COUblTY COM!~IS$IObTERS COLLIER CO UNTY, In-ORI~A TOM HENNLNG. Chuirman bit-oB -l:L~ro Ma5alich Chief Assistant County EXECUTIVE SUMMARY APPOINTMENT OF MEMBER(S) TO THE TOURIST DEVELOPMENT COUNCIL OBJECTIVE: To confirm the appointment representing Marco Island to the Tourist Developmem Council. The term will expire on April 21, 2008. CONSIDERATIONS,: This 9 member council was established by Ordinance No. 92-18 as an advisory committee to make recommendations to the Board of County Commissioners regarding a proposed plan of uses for tourist development tax revenues, for the effective operation of the special projects or uses of the tourist development tax revenues, and to review all expenditures of revenues from the tourist developmem trust ftmd. This council consists of the Chairman or designated representative of the Board of County Commissioners, 2 elected municipal officials, 3 owners or operators of motels, hotels, recreational vehicle parks, or other tourist accommodations in the county and subject to the tourist tax, 3 individuals involved in the tourist industry who have demonstrated an interest in tourist development, but who are not owners or operators of motels, hotels or other tourist accommodations. The council shall meet at least once each quarter. Terms are 4 years. A list of the current membership is included in the backup. Councilman E. Glenn Tucker resigned his position on the Tourist Development Council after becoming a candidate for election to the Marco Island City Council per Ordinance 2001-55, Section 5 (e). MARCO ISLAND CITY COUNCIL RECOMMENDATION: Councilman E. Glenn Tucker FISCAL IMPACT: NONE GROWTH MANAGEMENT IMPACT: NONE RECOMMENDATION: That the Board of County Commissioners confu'm the appointment representing the Marco Island City Council and direct the County Attorney to prepare a resolution confirming the appointment. Prepared By: Sue Filson, Executive Manager Board of County Commissioners Agenda Date: MARCH 23, 2004 AGENDA ITEM HAR 2 3 Tourist Development Council Name Work Phone Appt'd Exp. Date Term Home Phone DateRe-appt 2ndExpDate 2nd Term Chairman Donna Fiala 3301 E. Tamiami Trail Naples, FL 34112 E-Mail: District: 5 Category: BCC Chairman 774-8392 01/13/04 Councilman John F. Sorey 434-4601 735 Eighth Street South Naples, FL 34102 E-Mail: District: 4 Category: Municipal Officer - City of Naples ~c~:,~ ~(t ~t~, 389-5000 Mr. E. Glenn Tucker ~50 N. Collier Blvd., Suite 308 Marco Island, FL 34145 E-Maih Distil: 1 Catego~: Municipal Official - Marco Island Mr. Joseph N. Dinunzio 249 St. Andrews Boulevard Naples, FL 34103 E-Mail: District: 1 Category: Owner/Operator 261-6046 775-0342 Mr. Robert J. Dictor 141 Gulfport Court Marco Island, FL 34145 E-Mail: District: 1 Category: Owner/Operator 642-2600 389-2638 03 -09-04 05/02/00 05/02/00 03/11/03 01/11/05 04/21/08 04/21/04 04/21/04 04/21/07 1 Year 4 Years 4 Years 4 Years 4 Years Wednesday, March I O, 2004 Page I of 3 Pg. oR. Name Tourist Development Council Work Phone Appt'd Exp. Date Home Phone Da/eRe-appt 2ndExpDate Term 2nd Term Mr. David Loving P.O. Box 619 Everglades City, FL 34139 E-Mail: District: 5 Category: Municipal - Everglades City Ms. Rhona E. Saunders 3770 Parkview Way Naples, FL 34103 E-Mail: Distn'ct: 4 Category: Non-Owner/Operator Mr. Kevin M. Durkin 101 Debron Drive Naples, FL 34112 E-Mail: District: 1 Category: Owner/Operator Ms. Susan M. Becker 371 Eleventh Avenue South Naples, FL 34102 E-Mail: District: 4 Category: Non-Owner/Operator Mr. H. Kent Stanner 515 Wildwood Lane Naples, FL 34104 E-Mail: District: 4 Category: Ad Hoc Advisor ~ t~ 649-7455 Os, 11/03 04/21/07 695-0656 11/24/98 04/21/00 434-9230 05/02/00 04/01/04 4 Years 455-1010 02/08/00 04/21/02 2 Years 03/26/02 04/21/06 4 Years 03/26/02 04/21/06 4 Years 261-7708 02/23/99 04/21/03 4 Years 649-5098 03/11/03 04/21/07 4 Years 2 Years 4 Years Wednesday, March 10, 2004 Page 2 of 3 Tourist Development Council Work Phone Appt'd Exp. Date Term Name Home Phone DateRe-appt 2ndExpDate 2nd Term This 9 member council was created on March 23, 1992 by Ord. No. 92-18 to make recommendations to the Board of County Commissioners regarding a proposed plan of uses for toudst development tax revenues, for the effective operation of the special projects or uses of the tourist development tax revenues, and to review all expenditures of revenues from the tourist development trust fund. Membership consist of the Chairman of the BCC, 3 owner/operators, 3 non-owner/operators and 2 elected municipal officials. Terms are 4 years. NOTE: BCC adpoted Ord. 2000-44 on 6/27100 as follows: "The City of Everglades and the City of Marco Island shall alternate as the second municipal member. In the event that other municipalities are legally created in Collier County, then those municipalities shall be included in the rotation process for the second municipal seat. Reso 2002-226 permitting municipalities to recommend TDC appointees. FL STAT 125.0104 Staff: Jack Wert, Tourism Director:. 403-2384 Wednesday, March 10, 2004 Page 3 of 3 March 17, 2004 Ms. Sue Filson, Executive Manager Board of County Commissioners 3301 East Tamiami Trail Naples, Florida 34112-4977 Via Facsimile 774-3602 and US Mail Re: Appointment to Tourist Development Council Dear Ms. Filson: By your letter of January 30, 2004 to Marco Island Councilman E. Glenn Tucker you advised that he was eligible for re. appointment to the Tourist Development Council. You asked that he submit an updated application and a letter indicating interest in the continuation of service on the Council. By my letter of February 2, 2004 you were advised that Councilman Tucker was required to resign from the Toudst Development Council to be in compliance with the Board's policy that elected officials seeking election to public office cannot serve on a Collier County Board. You agreed to extend the deadline following our City's March 9th election. Please be advised that E. Glenn Tucker was re. elected to serve on the Marco Island City Council. On March 15, 2004 the Marco Island City Council unanimously agreed to recommend the appointment of Councilman Tucker to serve on the Toudst Development Council. We respectfully ask that you forward our City Council's recommendation to the Board of County Commissioners for reappointment of Councilman Tucker to the Tourist Development Council. Sincerely, City Manager AWM/bal cc: City Council Jim Mudd, County Manager Jack Wert, Tourism Director 50 Bald lE~gI. Dri..e, M,~co Ial,,ni, Florida 3-].145 (239) 389-5000 FA~X (2.59) 389-4359 AC-~IDA ITEM u~/l?/zuu4 lu:u~ FA.[ 259 389 4359 CITY OF ~ARC0 ISL&N]) ~003 March 17, 2004 Ms. Sue Filson, Executive Manager Board of County Commissioners 3301 East Tamiami Trail Naples, Flodda 34112-4977 Re: Appointment to Tourist Development Council Via Facsimile 774~602 and US Mail Dear Ms. Filson: In accordance with your letter of January 30, 2004, please accept this letter as an expression of my sincere interest to be rca~pcinted to the Tourist Development Council. On March 15, 2004 the Marco Island City Council voted unanimously to recommend my appointment to the TDC. Please advise should you require any additional information. Sincerely, E. Glenn Tucker Councilman EGT/bai cc: City Council Jim Mudd, County Manager Jack Wert, Tourism Director 389-5000 FAX (239) 389-4559 NO .... K/,R 3 200 u~/17/Zuu4 1U:U~ k'AZ 239 389 4359 CITY OF ~RC0 ISLAND ~004 E. GLENN TUCKER Phone: 239-394--5151 950 North Collier Blvd. Ste. 204 Bom: Louisville, Kentucky Marco Island, FL 33937 July 25, 1943 Marital Status: Single EDUCATION Northwestern University School of Law, Chicago, Illinois Class of 1973: Dean's List University of Louisville, Louisville, Kentucky B.A. Mathematics, 1965: Dean's List, Pi Sigma Alpha. Political Science Honorary EMPLOYMENT Rhodes & Tucker, Attorneys - Partner Suite 204, 950 N. Collier Blvd., Marco Island, Florida 34145; April, 1978, through the present. General Practice including: real estate practice, estate planning, probate, civil trial practice, corporate and business planning Attorney for Marco Island Area Association of Realtors. Treadwell, Emerson & Elkins, P.A. 800 Harbour Drive, Naples, Florida 33940; May, 1974, through April, 1978. General Practice Foss, Schuman & Drake, Attorneys 11 South LaSalle Street, Chicago, Illinois 60603; March, 1971, through April, 1974. General Practice United States Naval Submarine Service -June, 1965, through July, 1970. PROFESSIONAL ORGANIZATIONS Member of Florida Bar since 1975. Member of Illinois Bar since 1973. Member - American, Collier County, Illinois Bar Assoc. Past President - Collier County Bar Association (1985-86). Member - Standing Committee on Unauthorized Practice of Law 1992 - 1998 COMMUNITY ACTIVITIES Forum Club of Collier County, Inc. - Past Director Lawyers' Abstract Service, Inc., Board of Directors (President, 1991-1992) Mental Health Association - Past Director Marco Island Rotary Club - Member (President, 1990); Recipient of Paul Fellowship Award Naples Area Board of Realtors Legal Resources Committee - The Community Foundation of Collier County - Past Director Marco Island YMCA - Director 20 years, Past President Marco Island Resident's Beach Association, Past Director, President Marco Island City Council, 1997 - present, Chairman 2.001 - Former Trustee Youth Haven brock m From: mudd_j Sent: Wednesday, March 17, 2004 8:44 AM To: coletta_j Cc: stone_w; wight_d; brock_m; bodinejudi; weigel_d · Subject: RE: Advertising of Delinquent Real Estate and Personal Property Taxes for 2003 Commissioner, It will be in Para 9 for the 23d of March meeting. VR, Jim Mudd ..... Original Message ..... From: coletta_j Sent: Wednesday, March 17, 2004 8:42 AH To: mudd_j; stone_w; wight_d Subject: Advertising of Delinquent Real Estate and Personal Property Taxes for 2003 Jim Mudd: I would like to bring back Item 10 F from 2/24/04 agenda for reconsideration. "Award of Bid #04-3616 "Advertising of Delinquent Real Estate and Personal Property Taxes for 2003". (Staffs request) - Approved 4/0 (Commissioner Henning out)" Please advise. Jim Coletta 3/17/2004 No. (DD MEMORANDUM To: From: Date: Subj: The Board of County Commissioners Steve Camell, Purchasing/General Services Director ~ March 17, 2004 Award of Bid 04-3616, "Advertising of Delinquent Real Estate and Personal Property Taxes for 2003" This memorandum is in response to questions concerning the award of the referenced bid, which was publicly awarded by the Board on February 24, 2004 to the Naples Daily News. The bid invitation was issued in compliance with the relevant Florida Statute, Sections 197.402-403, and Subsections 50.011 and 50.031. In compliance with the bid specifications, both responding firms submitted sworn affidavits of minimum paid circulation within Collier County. Bidders were asked to provide prices on a per parcel basis to advertise the list of properties with delinquent real estate and personal property taxes respectively. Bidders were also asked to provide the audit circulation for their respective publications. The delinquent property owner ultimately pays for all of the advertising costs awarded under this contract. On February 11, 2004, bids were received and opened from The Naples Daily News and from Tuff Publications Inc. The bid from The Naples Daily News included the requested prices and an audited circulation figure of 49,674. Tuff Publications submitted a bid that included the requested prices and an audit circulation figure of 1,000 for their proposed publication, The Everglades Echo. Apart from the bid proposal page, Tuff Publications offered a second proposal, in which the required advertising would be published in the Everglades Echo, The Golden Gate Gazette and the Naples Times for an additional cost. The published bid invitation stated that the award of the bid would be made in the best interests of the County and its residents on a Cost per Household basis. To that end, a summary of the award calculation was provided in the awarding executive summary. Please find enclosed a step-by-step summary of the bid evaluation using two comparisons; 1) the bid from The Naples Daily News vs. the bid from Tuff Publications using the Everglades Echo and 2) the bid from the Daily News vs. the alternative bid from Tuff Publications using the Everglades Echo, The Golden Gate Gazette and the Naples Times. I,',;,R Z 3 20Fl Pg. ~ _ Board of County Commissioners March 17, 2004 Page 2 of 2 A brief analysis of the enclosed evaluation indicates the following: The bid from the Naples Daily News yields a lower cost per household that either of the bid offers received from Tuff Publications. The bid from the Daily News would reach nearly 50 times more readers than the bid from Tuff Publications would reach using the Everglades Echo alone. The Naples Daily News would reach 24% more readers than all of the publications offered by Tuff Publications and at a lower cost per parcel. Based on the award methodology, staff recommended award of this contract to The Naples Daily News. As previously mentioned, the published bid invitation stated the intent of the County was to award this contract on a Cost per Household basis. The bid invitation was issued on January 27, 2004 and bids were received on February 11, 2004. At no time prior to the bid opening or prior to the award of the contract by the Board did anyone question the proposed method of award. Should any of you have any additional questions or require further information, please let me know. Enclosures CC: James V. Mudd, County Manager Len Golden Price, Administrative Services Administrator Purchasing Department Bid 04-3616 Analysis of Bid Offers Everglades Echo Naples Daily News Base Bid Number of Real-estate Parcels Number of Personal Properties Number of Printin_gs (RE) Number of Printings (PP) Price Per Parcel (RE) =rice Per Prope~(_PP~) Total Real-estate $ $ Total Personal Properties Overall Total Cost Per Household Overall Total Total Circulation (4 Publishin_g's~)_= Total Cost Per Household 10,000 10,000 2,000 3 2,000 1 1 0.79 $ 2.!8 $ 23,7O0.O0 $ 4,360.00 $ 28,060.00 $ 1.77 1.77 53,100.00 3,,540.00 56,640.00 Everglades Ech°.. Naples Daily News ........ ~,060~00 $ 56,640.00 4,000 :_198,696 $7.02 , $0.29 Alternate Bid 3 Tuff News Papers ; Naples Daily News Number of Real-estate Parcels Number of Personal Properties Number of Printings (RE) Number of Printing_s (PP) i Price Per Parcel (RE) ! $ -- Price Per Prop_e__rtY (PP) 10,000 10,000 2,000 .. 2,000 3 3 1 1 ~.8~ ~$ .................. 1.77 2.18 $ 1.77 Total Real-estate $ 54,90000 $ 53,100.00 $ 4,360.00 $ 3,540.00 Total Personal Properties Overall Total $ 59,260.00 , $ 56,640.00 Cost Per Household Overall Total 3 Tuff News papers _ ~ iS 59,260,00 $ Naples Daily News 56,640.00 Total Circulation (4 Publishing's) ~ 160,000 198,696 Total Cost Per Household I $0.37 $0.29 I KAR 2 3 200 J P~. ~ _ _ EXECUTIVE SUMMARY AWARD OF BID 04-3616 "ADVERTISING OF DELINQUENT REAL ESTATE AND PERSONAL PROPERTY TAXES FOR 2003" OBJECTIVE: To have the Board of County Commissioners award a contract to a newspaper of general circulation in order to provide advertising of delinquent real estate and personal property taxes in compliance with applicable Florida Statutes and administrative codes. CONSIDERATIONS: In order to comply with the requirements of Florida Statutes 197.402-403 and Subsections 50.011 and 50.031 the Collier County Tax Collector, Guy L. Carlton, is responsible for the collection of delinquent taxes and advertising of the same in a newspaper of general circulation. Accordingly, bids for the advertising were solicited by the Purchasing Department on January 27, 2004. Notices of the bid invitation were sent to 18 firms. On February 11, 2004, the Purchasing Department opened bids from two bidders, Tuff Publications, Inc. and Naples Daily News. (see attached bid tabulation sheet) According to the award formula in the bid package-the results are as follows: Naples Daily News Real Estate Properties: 10,000 x $1.77 x 3 = $53,100 Personal Properties: 2,000 x $1.77 x 1 = $3540 Total: $56,640 or 28.5 cents per household Tuff Publications Real Estate Properties: Personal Properties: Total: 10,000 x $1.83 x 3 = $54,900 2,000 x $2.18 x 1 -- $4360 $59,260 or 37.0 cents per household The Naples Daily News has a circulation of approximately 49,674 as compared to the Tuff Publications newspapers, which have a collective circulation of approximately 40,000. As per the above Florida Statutes, the Board determines the award of the contract. Further, Administrative Code, Section 12D - 13.036 provides for the Board to award the contract within the month of February. In order to fully comply with the requirements for posting awards under the Board's purchasing policy, staff requests that the Board makes this award effective subsequent to the two-day posting period set forth in the policy. FISCAL IMPACT: The Tax Collector's office has the appropriate funds budgeted for this expenditure. The actual cost of advertising is ultimately recovered in full from the property owner or purchaser of each tax certificate. GROWTH MANAGEMENT IMPACT: There is no direct impact on the growth management plan. RECOMMENDATION: That the Board of County Commissioners award Bid 04-3616 "Advertising of Delinquent Real Estate and Personal Property Taxes for 2003" to the Naples Daily News in the estimated amount of $56,640. The award is made subject to completion of the two-day posting period set forth in the purchasing policy. - ~N-D~ITEM ~'~' ~::~ tXP~ SUBMITTED BY: ~~ ~ot/15. Sohnso-fi, Purchasing Agent REVIEWED BY: /~ , Stephen ~7. ~1'1,' Purchasing& General Services Director Len Price, ¥ Administrative Services Administrator Date: Date: Date: '~--'~.0-(..) .~ EXECUTIVE SUMMARY ADOPTION OF FY 05 BUDGET POLICY OBJECTIVE: That the Board of County Commissioners adopt policies to be used in developing the Collier County Government budget for fiscal year 2005. CONSIDERATIONS: In order for staff to begin preparation of the FY 2005 budget, direction is needed from the Board of County Commissioners On major policy issues. Attached to this Executive Summary is a listing of pertinent policy issues that will affect preparation of the FY 2005 budget. The purpose of today's discussion is for the Board to reach consensus on the policies upon which the budget will be based. The County Manager met with the Productivity Committee to share the proposed FY 05 policies prior to this Board presentation (attached, p. 2). The Executive Summary is broken down into three distinct elements. The first element (pp. 3-5) consists of budget policies proposed in FY 05 that require policy direction from the Board The Productivity Committee provided a written endorsement of the proposed budget guidance. The second element (pp. 6-9) consists of standard budget policies that the Board has endorsed for a ~....number of fiscal years. The third element consists of a three (3) year analysis of the General Fund 001) and the Unincorporated Area General Fund MSTD (111). Finally, the Board needs to establish September public hearing dates for the adoption of the FY 05 budget. The School Board has selected September 16, 2004 for their final budget hearing. Recommended dates for the Collier County budget public hearings are September 9, 2004 (Thursday) and September 23, 2004 (Thursday). The Board room is reserved for these dates. GROWTH MANAGEMENT IMPACT: There is no Growth Management impact. FISCAL IMPACT: The adopted policies will serve as the framework for the development of all budget and ad valorem taxation issues for fiscal year 2005. RECOMMENDATIONS: That the Board of County Commissioners adopts budget policies as detailed in the attachments to this Executive Summary, and establishes public hearing dates in September. Submitted by: _~f~~DATE: ,.~pproved by: DATE: Ja~s V. Mudd, County Manager March 15, 2004 Ma[ch 15, 20t ,; COLLIER COUNTY GOVERNMENT PRODUCTIVITY COMMITTEE 3301 East Tamiami Trail Naples, FL 34112 (941) 774-8935 March 3, 2004 Jim Mudd, County Manager 3301 Tamiami Trail, East Naples, FL 34112 Dear Jim: Thank you for sharing your Proposed 2005 Budget Policy items with the Collier County Productivity Committee. We agree with your proposal and unanimously support the direction you are taking for the FY 2005 budget. We look forward to providing you our assistance during this budget cycle. incerely, ~J~Swaja, Chairman Collier County Productivity Committee C: Productivity Committee (via-email) MAR 2 3 FY 05 Budget Policies Limitations on Expanded Positions to Maximize Organizational Efficiencies To maximize organizational efficiencies, a limitation of less than 25 new positions in the County Manager's Agency will be implemented in FY 05. This recognizes the fact that in service organizations such as local governments, the primary expense is for salaries and associated fringe benefits and will continue to force economies within the County Manager's Agency through more effective use of existing resources. Limitations on Current Service Discretionary Operating Expenses The County Manager recommends limiting current service discretionary operating expense increases to CPI, 2.1% or less. This will economize and provide the means to support the General Fund transportation program requirements. FY 05 adopted operating expenses budgets will be adjusted to reflect one-time expenses. Exceptions would include fixed cost increases such as allocated insurance, indirect service charge payments (revenue to the General Fund), fuel, and utility expenses. Fund Consolidations The FY 04 adopted Collier County budget included 129 funds with budgeted appropriations. In addition, there were MSTU's created previously for which there were no budget appropriations. The Collier County budget is highly complex due to the number of funds that are required due to statutory requirements, accounting requirements, local ordinances, or financial system limitations. The use of Municipal Service Taxing Units (MSTU's) allocates costs only to recipients of the specialized services, instead of allocating these costs to all taxpayers. The use of MSTU's results in "tailor-made" government services, but also adds additional complexity due to the number of hnds involved. Dollars collected are restricted (1) for the purpose and (2) to the area in which they were collected. Fund segregations also typically result in interfund transfers that are, in effect, "double budgeting" of the same dollar. Interfund transfers artificially inflate the gross total County budget. Recommendation: To simplify the budget complexity and to reduce the artificial inflation of the gross County budget, it is recommended that, to the extent possible, funds be consolidated and obsolete funds be eliminated. This includes obsolete MSTU's that have not levied ad valorem taxes. Health Care Program Cost Sharine Collier County provides a self-funded Group Benefits Plan for health care and pre sc. ri_p~ti.p~ drug coverage. Coverage under the Plan extends to all County employees, xvith ti e of the Sheriff's Office, which provides its own self-funded plan. MAR 2 Pg.____ Nationally, as well as here in Florida, medical plan costs, and the premium dollars required to fund them, continue to increase annually at double~ligit levels. The County's medical plan is similarly impacted by these rising costs. However, management and employees continue to work together to hold down the impact of future increases by restructuring benefit levels and initiating further cost shifting measures. In addition, staff continues to negotiate with providers for discounted physician and hospital fees and promote corporate wellness and preventive health care initiatives. Most importantly, management continues to move toward its goal of requiring employees to absorb a greater share of medical plan premium costs. In FY 05 an additional 2% of premium costs will be shifted from the Board to the employees. As a result of this action, employees continue to absorb proportionally more premium expenses until the goal of an 80%-20% cost sharing arrangement is achieved in FY 06. Compensation Administration The philosophy of Collier County Government is to provide a market-based compensation program that meets the following goals: 1. Facilitates the hiring and retention of the most knowledgeable, skilled and experienced employees available. 2. Supports continuous training, professional development and enhanced career mobility. 3. Recognizes and rewards individual and team achievement. In order to achieve these objectives, a series of changes to the compensation system were implemented in FY 04. Principal changes included the follmving: - Recognized that motivation factors and expectation vary for employees at different levels in the pay structure and established distinct pay plans that target appropriate reward mechanisms for each level. - Adjusted salary ranges as needed, especially for hourly employees, to more closely match the appropriate market for each plan. -Slowed the growth of executive level base salaries by changing the way performance awards are paid, (i.e. awarded as one-time lump-sum bonuses rather than incremental increases to base pay). -Established a market-driven hard salary, cap lbr each position. Recommendation: Budget 3.85% of budgeted Regular Salaries in FY 05 for compensation administration and future fiscal years as delineated below: Program Component FY 04 FY 05 Future Fiscal Years Cost of Living 2.80% 2.10% Varies annually Awards Program 1.50% 1.50% 1.50% Pay Plan Maintenance 0.25% 0.25% 0.25% Total 4.55% 3.85% Scheduling Issues Decisions Required Establish Budget submission dates for the Sheriff, the Clerk of Courts, and the Supervisor of Elections. June Budget Workshops Adoption of proposed millage rates Establish public hearing dates* Staff Recommended Date(s) June 1,2004 (Board Agency/Courts) (Constitutional Officers) July 27, 2004 (Tuesday) September 9, 2004 (Thursday) September 23, 2004 (Thursday) Tuesday, June 29 Wednesday, June 30 Note: Bold = date(s) already established. *The School Board has first priority in establishing public hearing dates. The School Board's final budget hearing is scheduled for September 16, 2004. The Commission chambers are reserved for the tentative dates for Collier County Government budget public hearings. Provide Comparative Budget Data {cost and employees per capita based on unincorporated area population) by Agency with Budget Submittals for Similar Sized Florida Counties Recommended counties for comparison purposes include: · Sarasota County · Lee County · Palm Beach County · Charlotte County · Martin County The Board can require Constitutional Officers and request Court Agencies to provide this comparative budget data. The following is from Florida Statute 129.021. County officer budget information. Notwithstanding other provisions of law, the budgets of all county officers, as submitted to the board of county commissioners, shall be in sufficient detail and contain such information as the board of county commissioners may require in furtherance of their powers and responsibilities provided in ss. 125.01 (1)(q) and (r) and (6) and 129.01(2)(b). No. /~ ' - MAR 2 3 Existing Budget Policies for FY 05 Budget Policies Affecting Operating Budgets Financial Management/Financial Budget Development OMB staff will prepare annually a three-year projection of General Fund and MSTD General Fund revenues and expenditures to improve financial planning and to understand the long- term impact of funding decisions made in FY 05. Grant Funded Positions · Any positions formerly funded with grant funds being recommended for inclusion in a general (non-grant funded) operating budget shall be treated as expanded service requests. Attrition Based on historical evidence, funds with 10 or more budgeted positions that have generated salary savings will utilize a 4% attrition factor in developing the FY 05 budget. Exceptions would include EMS, Ochopee Fire, and the Tax Collector. Self-Insurance To conduct an actuarial study of the self-insured Workers' Compensation, Property and Casualty, Group Health Insurance programs. Program funding to be based upon a confidence interval of 75%, with the exception of group health to which a confidence interval is not applicable. Proposed Uses of Gas Taxes Based on the Board's policy decisions relative to the Annual Update and Inventory Report (AUIR) regarding Transportation, all available gas tax revenue will be used to support the Roads Construction Capital Improvement Program. Reserves Operating funds may budget, at a minimum, a 5% reserve for contingency. A reserve for contingency is typically budgeted in all operating funds, with the exception of the Constitutional Officer funds. Reserves for the Constitutional Officer funds shall be appropriated within the County General Fund. · The General Fund reserve for cash flow is $1,500,000. In the MSTD General Fund, the recommended reserve for cash flow is $250,000. Contract Agency Funding · The Board of County Commissioners will not fund any non-mandated social servic agefi'~zqes. External Operating and Capital Proiect Funding Requests External operating and capital budget requests should only be considered within the framework of the budget process. Requests ~'or funding received outside the boundaries of the budget process shall be considered in the subsec!ttenl ,,'ear's budget cycle. Median Maintenance · Recognizing Unincorporated Area General Fund MSTD (111) as the appropriate, dedicated funding source for median beautification maintenance costs. BCC Fee Waiver Policy The Board of County Commissioners (Board) will consider requests for waiver of fees on a case-by-case basis limited to fees established for the following: temporary use and special event permits; right-of-way permits; land use pemion applications; site development and site improvement plan applications; and fees for :ne limited use of County-owned property and facilities. On an annual basis, funds will be appropriated fi'om General Fund reserves (001) to cover the cost of such fee ~vaivers. The Board may grant a waiver of these fees to cover multiple recurring events within any 12- month period, provided the number of events during that 12-month period does not exceed 12 and that no more than one event is scheduled in any 30-day period. Requests for waiver of fees made by non-profit organizations and not-for-profit corporations for events previously granted a fee waiver would be placed on the Board's Consent Agenda. Revenue Policies Carryforward · All funds that are unexpended and unencumbered at the end of the fiscal year xvill be appropriated as carryforward revenue in the t~llowing year. · In the event that sufficient cash is not available to meet General Fund operating needs, staff will make arrangements to borrow against pooled cash. General fund balance is required to meet operating needs for October and November of a given fiscal year, prior to the receipt of any significant ad valorem tax revenue (ad valorem taxes represent 67.5% of the total FY 04 General Fund adopted revenues). Fund balance is also an important measure used by bond rating agencies in determining the County's credit worthiness. Staff from Moody's Investors Service ',,,'as contacted previously to determine an appropriate level of carry forward revenue. Specific concerns for Florida communities were reliance on the tourism industry and sales tax revenue, the ongoing threat from hurricanes and wildfires, and uncertainty regarding Article V court funding. For Florida coastal communities, a minimum carry forward balance of 10% of total General Fund expenditures was recommended. It was noted that bond ratings would improve as this percentage increased. Recommendation: The recommended level of fund balance in the General Fund shohld minimum of 10% of actual general fund expenditures, xvith a maximum fund balanc~ lev~of 1o 15%. If fund balance exceeds the 15% level, the surplus above the 15% level should be used to fund non-recurring costs, as fund balance is a non-recurring revenue source. Maximization of Impact Fees · Collier County will assess the maximum impact fees allowed by law, as supported by impact fee studies. Indirect Cost Allocation Plan The policy of charging enterprise and special revenue funds for support services provided by General Fund departments will be used again in FY 05. The basis of these charges is a detailed indirect cost allocation plan prepared by a consultant. Enterprise Fund Payment in Lieu of Taxes The Solid Waste Fund and the Collier County Water-Sewer District will contribute a payment in lieu of taxes to the General Fund equal to the prior year General Fund millage rate multiplied by the prior year gross value of property, plant, and equipment. Debt Administration Policies Debt Service · Any capital projects financed by borrowing money shall limit the repayment period to the useful life of the asset. Interim Financing Collier County may also borrow funds on an interim basis to fund capital projects. In these cases a repayment source shall be identified and the financing source that has the lowest total cost shall be employed. The net present value savings generated by a proposed refinancing shall be a minimum of 5%. As a general rule, savings generated by refinancing shall be utilized to reduce future debt service payments. Budget Policies Affecting Capital Projects Ad Valorem Capital Funding, Continuation of a fixed General Fund millage dedicated to capital projects. The recommended rate is .3333 mills. This provides some built in protection against loss of purchasing power due to construction inflation. In comparison to prior fiscal years, this capital allocation is under funded. During the period from FY 98 to FY 91, the General Fund capital allocation was 1.0000 mills annually. The recommended capital millage equivalent of 0.3333 mills assumes adoption of the Law Enforcement impact fee, estimated to generate $2,875,000 in annual revenue. Assuming a 12% increase in taxable value, the estimated revenue from the Law Enforcement impact fee is equivalent to 0.0588 mills or $5.88 per $100,000 of taxable value. Capital Improvement Program (CIP) Policies On an annual basis, the County shall prepare and adopt a five-year Capital Improvement Element (CIE) consistent with the requirements of the Growth Management Plan. The annual budget will include sufficient appropriations to fund capital projects identified in the first year of the CIE. Capital projects attributable to growth will be funded, to the extent possible, by impact fees. Capital projects identified in the 5 Year CIE will be given priority for funding. The five-year plan for water and wastewater CIE projects will be based on projects included in the adopted master plans. Non-CIE capital projects funded by General Fund ad valorem taxes will be reviewed annually on a case-by-case basis. The respective departments during the budget process will identify annual operating expenses associated with capital projects. Unlike operating budgets that are administered at the appropriation unit level, capital project budgets will continue to be administered on a total project budget basis. The minimum threshold for projects budgeted in capital funds is $25,000. Three-Year Budget Projections Ad Valorem Tax Funds (FY 05- FY 07) The following 3-year budget projections are for the General Fund (001) and the MSTD General Fund (lll). General Fund (001) Millage History. As a point of reference, the following graph plots the historical General Fund millage rate, as well as the projected millage rates from FY 05 through FY 07, based on the assumptions in this analysis. Millage 4.7 4.3- 4.1- 3.9- 3.7- 3.5- 3.1 2.9 2.7- 2.5 General Fund Millage History FY 96 - FY 07 (Budget Policy) 3.8772 3.8772 3.7241 3.6813 3.5510 3.5058 3.5028 96 97 98 99 00 01 02 03 04 05 06 07 Fiscal Year Millage Rates Based on the assumptions used in this analysis, the FY 05 General Fund projected millage rate is as follows: Net Inc. (Dec.) per FY 04 Adopted FY 05 Projected $100,000 Fund Millage Rates Millage Rates Taxable Value General Fund 3.8772 4.0879 $21.07 h:~ /o NAR 2 3 Projected millage rate assumes a 12% increase in taxable value in FY 05. The Property Appraiser will provide preliminary taxable value estimates on June 1, 2004. A state econometric model estimates the increased taxable valub in Collier County at 13.47%. However, the Save Our Homes cap on homestead property limits increases to 1.9% this year and there was a large dollar volume of new construction in the City of Naples last year. Therefore, a more conservative 12% estimate was used in the model. Actual and assumed increases in County taxable values were as follows: 22.50% 20.00% 17.50% 15.00% 12.50% 1 O.OO% 7.50% 5.00% 2.50% 0.00% Historical and Assumed Increases in Collier County Taxable Value (FY 94 - FY 07) FY FY FY FY FY FY FY FY FY FY FY FY FY FY 94 95 96 97 98 99 O0 01 02 03 04 05 06 07 FY 05 Expense Assumptions · All services provided currently will be funded in FY 05. Allocation for compensation administration - 3.85%. Budget reflects impact of Article V implementation and $2M in additional State cost shifting. Retirement rates based on Governor's proposed budget. 4% attrition rate was assumed in the County Manager's Agency. 2.1% increase in budgeted operating expenses/capital outlay. A 5% reserve for contingency in all funds was assumed. Capital projects funding equals 0.3333 mills annually. ($17.2M in FY 05 General Fund). Sheriff Impacts- $14,363,900 · Sheriff's Deputies formerly grant funded - $2,500,300. · Naples Jail Expansion- $6,269,900. · Immokalee Jail - $ 302,900. · Orangetree Substation - $1,001,300. · Youth Relations Deputies (new schools) - $ 632,900. · Eliminate 4% attrition- $3,272,600. · Naples Jail Utilities- $ 384,000. General Fund support of road construction - $20,298,800. · General Fund Reserve for road construction - $11,566,800. · Increase in health insurance - $353,600. · Increase in payment to Naples CRA - $200,000. · Utility expenses - new facilities - $36,100. Revenue Assumptions · Ad valorem tax revenue forecast is 96.65% of actual taxes levied. · Sales tax revenue increases 4.5% annually. · State Revenue Sharing increases 4% annually. · Constitutional Officer turn backs were based on an average of historical receipts. Clerk turnback revenue accrues to the State of Florida. · No gas taxes allocated to roadway maintenance. · Voter approved taxes (environmental lands acquisition) are separate from the General Fund. Other Funds/Factors Impacting the General Fund Individual analyses of the Road and Bridge Fund, and the EMS Fund, and the road construction program were undertaken to determine the relative impact on the General Fund. Road and Bridge Fund Gas taxes are now used exclusively for road construction, resulting in a General Fund subsidy of road maintenance programs. Road maintenance operations will be increasingly supported by sales tax revenue previously available in the General Fund. Due to available carryforxvard revenue in Road and Bridge, only $2,697,900 in General Fund support was required in FY 96. In FY 97 the Board made a policy decision to defer the final transition of gas taxes from road maintenance to road construction. However, due to decreased carryforward revenue, coupled with approved FY 97 expanded services, the General Fund support increased in FY 97 by almost $2.3 million. In FY 98, 100% of available gas tax revenue was allocated to road construction. As such, the required General Fund support increased by $963,800. The trend was reversed as the Board allocated $1,000,000 in FY 99, $2,000,000 in FY 00, and $3,000,000 in FY 01 in gas taxes for road maintenance. Roadway maintenance is an appropriate use of gas tax revenue. However, it is also recognized that a major road construction campaign is underway with limited available revenues. As gas taxes will be the primary revenue pledge used to support transportation bonds, no gas taxes will be allocated to roadway maintenance in FY 05. The historical and projected General Fund support required is as follows: Sales Tax Required for Road and Bridge I FY 95 - FY .... 07 18000 15,278 15,948 16000 13,541 14,353_ · I =~ 1.ooo '- 11,855 · °- 12000 -. · :- I I I I l ~ '~oooo = ,,000 7,790 I I I I l ~ 6000i -- 2000 l 7 I I I I I · I I I I I l 95 96 97 98 99 00 01 02 03 04 05 06 07 Fiscal Year EMS Fund EMS is another fund that impacts significantly on the General Fund. The model includes only inflationary cost increases from FY 05 - FY 07. No additional EMS units are projected. The anticipated agreement with Naples Community Hospital will alleviate the need for growth units, as EMS personnel would no longer be responsible for inter-facility transports. The budget model does not reflect the elimination of the transport unit performing inter-facility transports. Historical and projected General Fund support of EMS operations by fiscal year is as follows: 10000 9000 8000 7000 6000 5000 4000 3000 2000 1000 0 General Fund Support of EMS FY 95 - FY 07 8,287 9,322 7,759 7,808 8,122 7,129 5,841 3,471 3,902 3,865 284 95 96 97 98 99 00 01 02 03 04 05 06 07 Fiscal Year This analysis did not assume any additional EMS rate increases or extraordinary salary adjustments for EMS personnel. Annual rate increases are recommended in recognition of the inflationary cost providing this service. ~.;-~ ..... Road Construction Program The Board approved road financing plan hinges on using growth in taxable value and maintaining the General Fund millage rate to provide growth dollars to meet the road funding commitments. In the adopted FY 03 budget, there was a $5,900,000 General Fund transfer to the road construction program. The FY 04 budget includes $13,699,300 in General Fund support. Based on the Board approved AUIR, the road-financing plan assumes the following General Fund support: $20,298,800 in FY 05, $28,240,100 in FY 06, and $32,715,200 in FY 07. This commitment is depicted in the following graph. 40000 35000 30000 25ooo 20000 15000 ~oooo 5000 General Fund Support of Road Construction FY 03 - FY 07 28,240 20,299 13,698 5,900 03 04 05 06 Fiscal Year 32,715 07 FY 06 The projected General Fund millage rate i's 4.2878 or $428.78 per $100,000 of taxable value. This represents an increase of $21.68 per $100,000 of taxable value. In addition to annual inflationary cost increases, the following items were included in the FY 06 budget analysis: Increased General Fund support of road construction - $7,941,300. · Sheriff Impacts- $15,296,360 Sheriffs Deputies formerly grant funded - $3,193,960. · · Naples Jail Expansion - · Immokalee Jail - · Orangetree Substation - · Youth Relations Deputy (new school) - · Naples Jail Utilities - $8,632,000. $ 838,0OO. $ 2,123,700. $ 105,500. $ 403,200. 2 3 · Capital projects funding equals 0.3333 mills annually. ($18.9M in FY 06 General Fund). · Payment to Naples CRA- $200,000. · Operational impact of North Regional Park - $2,881,500'. · Operational impacts of new facilities - $790,300. *Note - The County Manager has requested that the Productivity Committee include in their FY 04/05 work plan a review of the North Regional Park in order to maximize revenue generating potential, while limiting costs to the extent possible. FY O7 The projected General Fund millage rate is 4.2214 or $422.14 per $100,000 of taxable value. This represents a decrease of $6.64 per $100,000 of taxable value. In addition to the inflationary costs of existing services, the following items were included in the FY 07 budget analysis: · Increased General Fund support of EMS - $535,900. · Annualized cost of North Regional Park - $998,920. · Sherifflmpacts- $2,162,550 · Sheriff's Deputies formerly grant funded - $ · Naples Jail Expansion - $ · Orangetree Substation - Youth Relations Deputy (nexv school) - 603,550. 452,200. $1,001,300. $ 105,500. · Increased General Fund support of Road and Bridge - $1,248,500. · Capital projects funding equals 0.3333 mills annually. ($20.4M in FY 07 General Fund). · Payment to Naples CRA - $200,000. Summary and Implications The tax increases required in this model are based on the specific revenue and expenses assumptions outlined in each scenario and not on specific FY 05 budget requests. The proposed expanded services in the County Manager's Agency are associated with new facilities coming on-line. Sheriff's Office staff indicated that estimated budgetary increases do not include investigators, dispatch, validation, training, or other support staff that may be identified during the budget process. In addition, budget projections for the Sheriff's Office assume continued funding of the DRILL academy contract. The existing contract expires June 30, 2006 and has an annual impact of approximately $2,500,000. However, the analytical model also assumes that all services provided currently will be funded in FY 05 - FY 07. The analytical model assumes much more moderate increases in total taxable value than were experienced in the past 3 years. 2004 Unincorporated Area General Fund (111) Results of Unincorporated Area General Fund Analysis In this analysis, the following expense assumptions were used: forecast 96% of budgeted appropriations for operating divisions and 100% of budgeted transfers. The implications for future year millage rates required to fund the MSTD General Fund (111) budgets developed in this analysis are as follows: FY 04 Adopted and Inc. (Dec.) per Unincorporated Projected Millage $100,000 General Fund Rates Taxable Value FY 04 0.8069 n/a FY 05 0.8404 $3.35 FY 06 0.8569 $1.64 FY 07 0.7914 ($6.55) FY O5 The FY 05 budget projection includes annual inflationary cost increase of existing services, plus increased costs of health insurance - $174,300 and increased costs in the indirect service charge to the General Fund - $964,000. The projections also include increased costs of landscaping (capital and maintenance) of $2,086,400. The analysis projects a millage rate of 0.8404 in FY 05 or $84.04 per $100,000 of taxable value. Per $100,000 of taxable value, residents in the unincorporated area would pay $3.35 more in unincorporated area taxes in FY 05. FY O6 In FY 06, the projected millage rate is 0.8569 or $85.69 per $100,000 of taxable value; this is an increase of $1.64 per $100,000 of taxable value. In addition to annual inflationary cost increases, the analysis includes $2,274,400 in increased landscaping costs (capital and maintenance). FY O7 Assuming an 8% increase in taxable value in FY 07, the projected millage rate is 0.7914. This equates to $79.14 per $100,000 of taxable value or a decrease of $6.55 per $100,000 of taxable value. This is primarily attributable to the catch-up phase of the landscaping program being completed. o~ ~on- ~ ~oooooooo ooooo o Attachment B Appropriation Unit personal Set, ices Operating Expenses Capital Outlay Transfers Tolal Appropnalions Molor Fuel Tax Rebate Mobile Home Licenses CarD.' Fop. vard Transfer ( I 13) lrans fer ¢,313) Saies Ta_x. lrans {001) FY 04 Adopted Bud,~et 12.038.600 4,544,000 837,800 40,000 0 (461,000'1 722.700 17.722.100 0 1 12,000 632.100 398,700 353,500 2,250,800 (41.200) Appropriation Unit Personal Se~ ices Operating Expenses Capital Outlay Transfers Gas Taxes Transfer (I 13) FY O5 Adopted Budget 12.680,600 4,639,400 837.800 40,000 0 (507,200) 907.900 I8,598,500 0 Appropriation Unit FY06 Adopted Budgel Personal See. ices Operating Expenses Capital Outlay Transfem R~erce-Mtmt Bonuses Attrition Road & Bridge Fund (101) Fiscal Year ZO~ Budget FY 04 FY 05 FY 05 FY 05 Fomc~t Current Expanded Total B udgel Ex~,ev Service Se~'ice Budget Chan.~e 11,797,800 12,680,600 0 12,680,600 4,Sabl,O00 4.639,400 0 4,639,400 2 I 837,800 837,800 0 837,800 0 0% 40,000 40,000 0 40,000 0 0 0 0 0 N/A 0 (507,200) O (507200) I0 0% 0 907,900 0 907,900 25 6% 17,219,60018.598,500 0 18,598,500 4 Revenu{~: G:m Taxes Motor Fuel Tax Rebate Mobile Home Licenses Interests%list Carry Forward Transfer (I 13) Transfer (313) Sales Tax. Trans {001 } Reimbursemen~ Revenue Reselx'e Total Rev cmues 0 0 O 0 N/A 175,000 175.000 0 175.000 0 0% 1 00,000 1 00,000 0 100,000 00~ o 12,0t)0 51,300 0 51,300 327 5% 1.021,200 932,800 O 932,800 47 6% 398,700 398,700 0 398,700 0 0% 353,500 353,500 0 353.500 0 0% 13,841,20014,352,700 0 14~52,700 3 7% 2250.8C~3 2,250,800 0 2,250,800 0 0% 0 ( 16.300~ 0 / 16,30OI -60 4% 18.152,40018.598.500 0 18,5~8.500 4 q% Road & Bridge Fund (101) Fiscal Year 2006 Budget FY 05 FY 06 FY 06 FY 06 Forecast Current Expanded Total Budgel ExFRev Service Sea, ice Budget Chan~e 40% 12.427,00013,187,800 0 13,187.800 4.639,400 4.778.600 0 4.7?8,600 837,800 837.800 0 837,800 40,000 40,000 (5 40.000 0 0 0 0 0 (527.500) 0 (527,500) 0 940.200 0 ~40.200 17.944.20019.256.9~x~ 0 IO,256.900 0 0 175.000 17q,ooo 100,000 51.300 :%.900 932.800 670,600 398,700 398.?00 353,500 353.500 14.352.70015,278,200 2.250.800 2.250.800 0 ~6,800) 18.614,80019.256,900 Road & Bridge Fund (101) Fiscal Year 2007 Budget FY 06 FY 07 Forecast Currenl ExvRev Service 13,187,800 12.924,00013,715,300 4.778,600 4.778,600 4.922,O00 ~37,800 837.800 837,800 40.000 40,000 40.00O 0 0 0 (527.500) 0 (548.600) 940,200 0 973,801) 19,256.900 18.580.40019.940,300 0 O o 175,000 175,0OO 175.0OO 100,Odd 100.O00 100,000 36,900 36,900 37,600 670.600 670,600 683 "300 398,700 398.700 3o8,700 353,500 353J00 353.500 15.278,200 15,278,20015,948,300 2,250.800 2250,800 2.250,800 (6.800) 0 16.9OO~ 19,256,900 19,263,70019.940,300 FY 07 Expanded Serxlce 0 N,A 175.C.00 0 0% I oO.000 0 0% 36,900 -28 1% 670,600 28 1% 398,700 O 0% 353,500 0 0% 5,278,200 6 4% 2,250.800 0 0% t6,800) -58 3% i q,250,9003 "% FY 07 Total Budget 13,715,300 4.922,000 837,800 40,000 0 (548,600) 973.800 19,940.300 0 175.000 37,600 683.300 353,500 (6,900) Iq,940.300 Budget Chance 3 0% 0 0% 0 0% N/A 3 6% 3 5% N/A 0 0% 1 9% 1 9% 0 0% 0 0% 4 4% 0 0% I 5°i, 3 5% Attachment C Appropriation Unit Debt Service Cash Flow Reserve New Debt Ser~qce Total Appropriations Revenues: Sales Tax Miscellaneous Revenue Carry Forward Transfer {001 ) Transfer { 113) Transfer (38 I) Bond Proceeds Revenue Reserve Total Revenues Sales Tax Debt Service Fund (215) Fiscal Year 2005 Budget FY 04 FY 04 FY 05 FY 05 FY 05 % Adopted Forecast Current Expanded Total Budget Budget Exp~.ev Service Service Budliet Change 3.574,500 I 1,326,2OO 6,195,300 0 6,195,3OO 73.3% 2,898,900 0 2,424,500 O 2,424,500 -16.4% 0 0 0 O 0 N/A 6,473,400 l 1,326,200 8,619,800 O 8,619,800 33.2% Appropriation Unit Debt Service Cash Flow Reserve New Debt Service Total Appropriations Revenues: Sales Tax Miscellaneous Re~ enue Carry Forward Transfer (001) Transfer (113) Transfer (38 l) Bond Proceeds Revenue Reserve Total Revenues 3,456,900 100,000 3,094.300 0 0 0 0 (177,800) 6,473.400 FY O5 Adopted Budcet 6,195,300 2.424,500 0 8.619,800 3,456,900 2,164.700 0 2,164.700 -37.4% 102,000 100,000 0 100,000 0.0% 3,105,700 3,090,100 0 3,090, [00 -0.1% 80,900 1,143,800 0 1,143.800 N/A 95,700 280,900 0 280,900 N/A 665,100 1.953,500 0 1,953.500 N/A 6,910,000 0 0 0 N/A 0 (113,200~ 0 (113,200) -363% 14,416,300 8.619,800 0 8,619,800 332% Sales Tax Debt Service Fund (215) Fiscal Year 2006 Budget FY 05 FY 06 FY 06 FY 06 % Forecast Current Expanded Total Budget Exp/Rev Service Service Budget Change 6.199,900 O, 1% 2.468,400 1.8% 0 N/A 8,668,300 0.6% 6.195.300 6,199,900 0 0 2,468,400 0 0 0 0 6.195.300 8.668,300 0 2,164.700 2.164,700 2,898,300 0 2,898.300 33.9% 100,000 100,000 100,000 0 100,000 0.0% 3,090, I00 3,090A00 2.537.700 0 2,537,700 -17.9% IA43.800 1.143,800 1,045,700 0 1,045,700 -8.6% 280.900 280,900 281,200 0 281,200 0. 1% 1.953,500 1,953,500 1,955,300 0 1,955.300 0. I% 0 0 0 0 0 N/A (I 13,200) 0 (149,900) 0 1149,900) 32.4% 8.619,800 8,733,000 8.668,300 0 8.668,300 0.6% Appropriation Unit Debt Service Cash Flow Reserve New Debt Service Total Appropriations Sales Tax Miscellaneons Revenue Carry Forward Transfer (001) Transfer ( I 13) Transfer (381) Bond Proceeds Total Revenues FY 06 Adopted Budset 6,199,900 2,468,400 0 8,668,300 Sales Tax Debt Service Fund (215) Fiscal Year 2007 Budget FY 06 FY 07 Forecast Current ExpfRev SeN'ice 6,199,900 6,184,500 0 2,531.300 0 0 6,199,900 ~,715.800 2.898,300 2,898,300 2,865,900 100,000 100,000 100,000 2,537,700 2,537,700 2,618,300 1,045,700 t,045,700 1,045,700 281,200 281,200 280,900 1.955,300 1,955,300 1,953.300 0 0 0 (149.900) 0 4148,300) 8,668,300 8,818.200 8,715,800 FY 07 Expanded Service FY 07 Total Budget Budget ( ~hanl$e 6,184,500 -0.2% 2,531,300 2.5% 0 N/A 8,715.800 0.5% 0 2,865.900 -I.1% 0 lO0,000 0.0% O 2,618,300 3.2% 0 1,045,700 0.0% 0 280,900 -0,1% 0 1.953.300 -0. i% 0 0 N/A 0 (148.300) -1,1% 0 8,715,800 0.5°/0 Attachment D Emergency Medical Services Fnnd [490) FY I~$ Budget Appropriation Unit Persoual Services Operating Expenses Capital Outlay Transfers Reserves Total Appropriations Revenues Ambulance Fees Prior Year Revenue Trans. Gen'l Fund Interest/Misc. Carry. Forv,'ard Revenue Reserve Total Revenue FY 04 FY 04 FY 05 Adopted Forecast Budget Exp/Rev 5erx ice 12.594,600 12.594.ot.~ t3 214.000 1.991.6OO 1.991.O00 l 9ql.600 244.000 244.000 244.000 25.800 25.8c,(! 2'~ '~00 980,700 o 15,836.700 14,856.o00 1o 056.100 7.288.800 6.500.000 0 o 0 8.121.900 8.12I 9ot~ 250,600 250,~,on 539.800 427.500 44~.000 (364,400) 0 ix2i 900) 15.836,700 15,300yq0 Appropriation Unit Personal Services Operating Expenses Capital Outlay Transfers Reserves Total Appropriations Revenues Ambulance Fees Prior Year Revenue Trans. Gen'l Fund Interes~JMisc. CarD' Forv. ard Revenue Reser'.e Total Re,.enue Emergenc.~ MedicM Services Fund (4)0~ F'( 0b Budget Appropriation Unit Personal Services Operating Expenses Capital Outlay Transfers Reserves Total Appropriations Revenues Ambulance Fees Prior Year Revenue Trans. Gen'l Fund lnterest~Misc. C~rry Forward Revenue Reserve FY 05 FY 05 Adopted Forecast Budget Exp:Rev 13.214,000 13.214.000 1,991,600 1.991.6i~0 244,000 244.000 25,800 25.8(~0 980,700 16.456,100 15,475.400 6.760,000 6,422.000 0 o 9.322.400 9.322 4.O 250.600 250.000 444.000 444.0u0 (320,900) 0 16,456, IOO 16.439 FY o5 Expanded Se~'ice 0 0 0 0 0 Total Revenue FY 05 Total Budget 13.214.000 1.991,600 244,000 25.800 980,700 0 16,456.100 % Budget Change 4.9% 0.0% 0.0% 0.0% 0.0% 3.9% 0 6.760.000 -7.3% 0 0 N/A 0 9.322.400 14.8% 0 250,600 0.0% 0 444,000 -17.7% 0 (320.900) - 11.9% 0 16.456,100 3.9% FY 06 FY 06 FY 06 Cun-ent Expanded Total Service Service Budset 13. 742.600 0 13.742.600 2.051.300 0 2,051,300 0 0 0 O 0 0 789.?00 0 789,700 10.583.600 ..... 0 - 16,583.600 7.030.400 0 7.030.400 0 0 0 ~.70q.100 0 8.703.100 250.600 0 250,000 903.000 O 963.600 t3o4.i001 0 (364.100) ~,.583.6,0 ~ 16.583~;00 Emergency Medical Services Fund (490) FY 07 Budget % Budget Change 4.0% 30% -100.0% -100.0% -19.5% ogq~ FY 06 FY 06 FY 07 Adopted Forecast Current Budget Exp/Rev Sen ice 13,742,600 13.742.6t;0 i42o2,300 2,051,300 2.051.300 2. I i 2.800 0 0 0 0 o 0 789,700 0 820.300 16,583,600 15,793.91}0 17-925.400 40% N'A -616q'b 00% 1170% 13150~O 0.8°'O 7,030,400 6.678.886 73!1.600 0 0 0 8.703,100 8.703.100 0.239,020 250,600 250,0O0 250.600 963.600 963.600 802.280 (364.100~ 0 ~3~8,100) -I-6,~ 3.~00 I;,596.18t~ i 7~2i5.400 FY07 Expanded Service 0 0 0 0 0 0 FY 07 Total Budget 14.292,300 2,112.800 0 0 820,300 17,225,400 % Budget Change 4.0% 3.0% N/A 3.9% 3.9% 0 7,3 [ 1,600 4.0% 0 0 N/A 0 9.239,020 6.2% 0 250.600 0.0% 0 802,280 -167% 0 (378.100) 3.8% 0 17.225.400 3.9% EXECUTIVE SUMMARY ADOPT A RESOLUTION AUTHORIZING THE CONDEMNATION OF FEE SIMPLE INTERESTS IN THE PROPOSED RIGHT-OF-WAY AND/OR STORMWATER RETENTION AND TREATMENT POND SITES, AS WELL AS PERPETUAL, NON- EXCLUSIVE ROAD RIGHT-OF-WAY, DRAINAGE AND UTILITY EASEMENTS, TEMPORARY DRIVEWAY RESTORATION EASEMENTS, AND TEMPORARY CONSTRUCTION EASEMENTS, AS MAY BE REQUIRED FOR THE CONSTRUCTION OF ROADWAY, DRAINAGE AND UTILITY IMPROVEMENTS TO RATTLESNAKE HAMMOCK ROAD (CR-864) FROM POLLY AVENUE TO COLLIER BOULEVARD (CR 951). (CAPITAL IMPROVEMENT ELEMENT NO. 77, PROJECT NO. 60169). ESTIMATED FISCAL IMPACT: $2,495,000. OBJECTIVE: To adopt a Resolution authorizing the acquisition by condemnation of fee simple interests in the proposed right-of-way and/or stormwater retention and treatment pond sites as well as other easement interests which may be necessary for the Rattlesnake Hammock Road four- lane improvement project from Polly Avenue to Collier Boulevard (CR 951) (Project No. 60169). CONSIDERATIONS: The expansion of Rattlesnake Hammock Road requires the acquisition of additional right-of-way in order to widen the exi$~[n~ t¢~'o-lane rural roadway to a four-lane urban section from Polly Avenue to Collier Boulevard (CR 951), a distance of approximately two miles. On March 11, 2003, the Board of County Commissioners approved the four-laning of Rattlesnake Hammock Road project in a six-lane configuration from Polly Avenue to Collier Boulevard. Therefore, the four-lane roadway will be constructed in a six-lane configuration, allowing for curb, sidewalk and street lighting to be provided at this time in their ultimate location and allowing the future two lanes to be inserted in the median. The Board of County Commissioners has been advised through MPO meetings, and numerous other public meetings concerning the Five Year Transportation Work Program and the Capital Improvement Element of the County's Comprehensive Plan, of the typical roadway sections considered by its professional engineering staff and consultants, of the environmental impacts, of the public health, safety and welfare considerations, and of the long-range planning implications posed by the project. Agnoli, Barber & Brundage ("AB&B") were awarded a Notice to Proceed with the design on March 17, 2003. Public Information Meetings were held on May 19, 2003 and August 27, 2003 to inform the public of project details and to receive feedback from the public regarding the project. A 90% Public Information Meeting will be held on March 2, 2004. AB&B is expected to deliver the 90% plans in late February 2004. Receipt of the 90% plans will be a milestone level of completion at which point it can be determined the extent of the right-of-way and other interests in real property that will be required to construct the project. Right-of-Way Maps and legal descriptions for the right-of-way and easement parcels along the project corridor have been prepared. The Board has determined that the legal descriptions, and the interest in rea each legal description, which are a part of the attached Resolution, repre~ .nl~l~,.e most feasibleS. MAR 2 3 2004 location, and are necessary for the construction of the proposed improvements to Rattlesnake Hammock Road (see attached memorandum dated February 24, 2004 with AB&B Pond Siting Report dated February, 2004). The location of stormwater treatment ponds has been determined based on maintenance considerations and minimization of environmental impacts. Each and every pond site within the project limits, as determined according to the above-described engineering analysis, was further reviewed and each pond was carefully configured on each affected property so as to minimize damages and negative impacts to the remaining real estate. On October 28, 2003, the Board of County Commissioners adopted Resolution No. 2003-371 authorizing the acquisition by gift or purchase of a fee simple interest in the proposed right-of-way and/or stormwater retention and treatment pond sites as well as other easement interests which may be necessary for project. The Board of County Commissioners has been further advised that it is necessary and in the public's best interest to acquire, by condemnation if necessary, those interests in real property specified on each legal description attached to the Resolution. ,~"FseI$CAL IMPACT: Staff estimates many of the parcels will be purchased through negotiated ttlements. However, should the condemnation of the right-of-way parcels be required in order to meet the schedule for the commencement of construction, the cost is estimated at $2,495,000.00. This amount includes the cost of all real property rights required for construction of the proposed improvements, all of the existing improvements located within the proposed right-of-way, all severance damages to the remaining lands along the corridor, as well as all expenses for title work, real estate appraisals, staff time, and expenses such as expert witness fees. Funds are available in Gas Taxes and Road Impact Fees. Source of funds are gas tax and road impact fees. However, staff will endeavor to negotiate settlements in good faith even after condemnation lawsuits have been filed. GROWTH MANAGEMENT IMPACT: As part of the County's Capital Improvement Element, the four-lane improvements to Rattlesnake Hammock Road (Project No. 60169) are an integral part of Collier County's Growth Management Plan. RECOMMENDATION: That the Board of County Commissioners of Collier County: 1. Adopt the attached Resolution; 2. Authorize its Chairman to execute same on behalf of the Board; and 3. Authorize any budget amendments that may be necessary to implement the collective will of the Board as evidenced by the adoption of the attached Resolution and the approval of this Executive Summary. AGENDA ITEM 2 3 SUBMITTED ,~ h'~~ DATE: ..... L~rraine Lant~,, Right-of-Way C~;~dinator T ra~/~.~ & Const~ ruction Management Department REVIEWED BY: ,~/~/j.~~~/~,/-~' ~ ~ - DATE: ~ /,,~.'~ /J~vin-I~en~ ~ight-o~,~ay~,~quisition Manager / Transportatiofi Engineering-'&-Construction Management Department REVIEWED BY: REVIEWED BY: APPROVED BY: ~'_~,¢~,-~- ~,,'~'~~ DATE: Gary Pd'taansuu, P.E., Senior Project Manager Transportation ,~gineering & Construction Management Department ~' ~/..------~" DATE:~/o// Gregg R. Strj~kaluse, P.E., Director Transporta ~Or~ Engineering & Construction Management Department Norman Feder, AICP, Administrator Transpo ation Division RESOLUTION NO. 2004 - __ A RESOLUTION AUTHORIZING CONDEMNATION OF FEE SIMPLE INTERESTS 1N THE PROPOSED RIGHT-OF-WAY AND/OR STORMWATER RETENTION AND TREATMENT POND SITES, AS WELL AS FEE SIMPLE TITLE INTERESTS AND/OR THOSE PERPETUAL, NON-EXCLUSIVE ROAD RIGHT-OF-WAY, DRAINAGE AND UTILITY EASEMENTS, TEMPORARY DRIVEWAY RESTORATION EASEMENTS, AND TEMPORARY CONSTRUCTION EASEMENTS, REQUIRED FOR THE CONSTRUCTION OF ROADWAY, DRAINAGE AND UTILITY IMPROVEMENTS TO RATTLESNAKE HAMMOCK ROAD (CR-864) FROM POLLY AVENUE TO COLLIER BOULEVARD (CR 951). (CAPITAL IMPROVEMENT ELEMENT NO. 77, PROJECT NO. 60169). WHEREAS, the Board of County Comn'tissioners (Board), on May 9, 2000, adopted Ordinance No. 2000-31 therein establishing the (Ninth Annual Update and Amendment) Capital Improvement Element of the Growth Management Plan in order to establish priorities for the design, acquisition and construction of the various capital improvement projects; and WHEREAS, the Board, on November 19, 2002, adopted Ordinance No. 2002-60 amending the Growth Management Plan by amending the Capital Improvement Element and the Transportation Element of the Growth Management Plan. WHEREAS, the widening of the existing two-lanes of Rattlesnake Hammock Road to four-lanes between Polly Avenue and Collier Boulevard (CR 951) (Project No. 60169) (hereinafter referred to as the "Project") is one of the capital improvement projects required under the Transportation Element of the County's Comprehensive Plan; and WHEREAS, the location for construction of the proposed improvements has been fixed by survey and is collectively represented by the legal descriptions comprising Exhibit "A" attached hereto and. incorporated herein; and WHEREAS, after consideration of the availability of alternate routes and locations, the comparative costs of project alternatives, various impacts upon the environment, long range planning options, and public safety considerations, the Board desires to exercise its right to condemn property for public purposes. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORDA, that it has been determined by the Board that the construction of the Project is necessary and in the public's best interest in order to protect the health, safety and welfare of the citizens of Collier County. AND IT IS FURTHER RESOLVED that construction of the Project is part of the County's long range planning effort, and is included in the Transportation Element of the County's Comprehensive Plan ~ for Growth Manag.ement, as approved by the Florida Department of Community Affairs. AGE' MAR 2 3 200 AND IT IS FURTHER RESOLVED that the County Staff has reviewed alternative locations for the project, and the costs associated with the design, property rights acquisition, and construction of the project, as well as public safety and welfare considerations associated with the design and construction of the project, and various impacts to the environment, and the Board finds that after consideration of these issues, the most feasible location for construction of the proposed improvements is collectively represented by the legal descriptions comprising Exhibit "A" attached hereto and incorporated herein. AND IT IS FURTHER RESOLVED that in order to construct the project as designed, it is necessary for the Board to acquire the various real property interests described in Exhibit "A" to wit: fee simple title interests and/or perpetual or temporary easement interests. AND IT IS FURTHER RESOLVED that all property shall be put to public purposes. AND IT IS FURTHER RESOLVED that the County staff is hereby authorized to immediately acquire by gift, purchase or condemnation in accordance with the provisions of Chapters 73, 74 and 127, Florida Statutes, the above-referenced real property interests more particularly described in Exhibit "A", attached hereto and incorporated herein. AND IT IS FURTHER RESOLVED that no mobile homes are located on the property sought to be acquired and therefore it will not be necessary to remove any mobile homes from the property to be acquired. This Resolution, adopted on this __ day of 2004, after motion, second and majority vote. ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS OF COLLIER COU~NTY, FLORIDA By: Donna Fiala, Chairman Approved as to form and lega,~fficiency: Ellen T. Chadwell Assistant County Attorney Page 2 MEMOI hNDUM DATE: February 24, 2004 TO: James Mudd, County Manager Commissioner, Donna Fiala, Chairman, District #1 Commissioner Fred Coyle, Vice-Chairman, District #4 Commissioner Frank Halas, District it2 Commissioner, Tom Henning, Dist'fic~ Commissioner James N. Coletta, District #5 FROM: Norman E. Feder AICP, Administrator, Transportation Services Division SUBJECT: Condemnation Resolution for Rattlesnake Hammock Road from Polly Avenue to Collier Boulevard, Project No. 60169 On March 9, 2004, the Board of County Connnissioners will consider the adoption of a Condemnation Resolution for the property interests necessary to four-lane Rattlesnake Hammock Road from Polly Avenue to Collier Boulevard. This two-mile project includes a divided four- lane roadway, within a six-lane configuration, with sidewalks and bike lanes on both sides. This memorandum contains vital information that the Board of County Commissioners must consider in adopting this Resolution. As you are aware, this roadway has been on the County's long-range plan for many years. It has been the subject of Board meetings, MPO meetings and various other public meetings. This memorandum shall serve to supplement and recap the documentation previously provided to, or presentations made to, the Board. Also, the county attorney's office has advised that you must consider the following criteria when adopting the condemnation resolution: Page 1 of 4 AGENDA_iTEM - NO HAR 2 3 200 t 1. Alternate Routes The need for additional east-west arterial capacity within Collier County for travel demands east of Airport-Pulling Road has been identified and studied at the long range planning level for more than a decade. Due to past and current development patterns, few alternatives exist other than the existing roadway alignments. Pine Ridge Road (CR 896) is currently a six-lane roadway between US 41 and Logan Boulevard. Immokalee Road is currently a four-lane roadway from 1-75 to Collier Boulevard (with provisions for future six-laning). Both Immokalee Road from U.S. 41 to 1-75 and Golden Gate Parkway from Airport-Pulling Road to Livingston Road are currently under design for expansion to six lanes. Future design plans will complete the improvements of portions of Radio Road, and Davis Boulevard to four- lane roadways. The Rattlesnake Hammock Road corridor is one of only six east- west corridors in Collier County. The construction of upgraded roadways intersecting Rattlesnake Hammock Road, such as the Santa Barbara Extension at Polly Avenue (design start in 2004) and Collier Boulevard (design start in 2004), as well as the additional development activity along the corridor, will place additional capacity demands on Rattlesnake Hammock Road. To meet current and future capacity needs, the only viable alternative is to widen Rattlesnake Hammock Road to four lanes at this time with provision for future six-laning. Safety Factors The design of the Rattlesnake Hammock Road improvements has been conducted to meet the standards as defined using the Florida Department of Transportation (FDOT) Roadway and Traffic Design Standards; the FDOT Plans Preparation Manual, and related design manuals; the American Association of State Highway and Transportation Officials (AASHTO) Policy on Design of Urban Highways and Arterial Streets; the Manual on Uniform Traffic Control Devices (MUTCD); the Collier County Policy for Access Management for Arterial and Collector Roadways (Resolution No. 92-442 as amended by Resolution 01-247, dated June 26, 2001); and the Public Rights of Way Construction Standards Handbook to ensure the safe movement of people and goods within the project limits. There were no "Design Exceptions" such as substandard lane widths or median widths identified for this roadway. Long Range Planning Factors The Long Range Transportation Plans (LRTP) for Collier County have evaluated the future travel demand needs using factors such as social impacts, environmental impacts, costs and safety. Alternative improvements are considered on a network ~vide basis by the MPO and Collier County Transportation when they program these projects. In this specific case the continuation of the Santa Barbara Bc -ieva - a different route that passed through Lely was one of the altematiw s Page 2 of 4 along with the Santa Barbara Boulevard extension "spur" which was proposed for connection from Whitaker Road east to Collier Boulevard. Consideration of alternative routes and improvements was an integral part of the development of the LRTP. Since at least the 2010 LRTP (adopted in 1992), and reiterated in the following updates for 2020 LRTP (original adopted 1996, updated 1999) and the 2025 LRTP (adopted 2001), the need for upgrading Rattlesnake Hammock Road has been identified. The project improvements are consistent with current and near future travel demand needs and the availability of financial resources. Originally proposed to be four lanes from Polly Avenue to Collier Boulevard, the Board subsequently approved the four-laning of the Rattlesnake Hammock Road project in a six-lane configuration over its full length at the March 11, 2003, Board meeting. o Environmental Factors Long-range planning criteria require the consideration of impacts to environmentally sensitive areas. Generally, the impacts of roadway construction utilizing existing corridors have less environmental impacts than new corridors. As such, the section of Rattlesnake Hammock Road from Polly Avenue to Collier Boulevard will have minimal environmental impacts. The project has been coordinated with both the U.S. Fish & Wildlife Service and the Florida Fish & Wildlife Conservation Commission. A Threatened and Endangered Species Survey was conducted with negative findings. The project has also been coordinated with the South Florida Water Management District (SFWMD) and the Army Corps of Engineers. A wetland survey was conducted, and wetland areas along the corridor were flagged. Impacts to these wetlands will be minimal and will be mitigated through "mitigation banking". Evaluations during the alignment determination phase took more localized environmental issues into account such as choosing the offsite retention/detention system ponds and developing the surface water management system. The use of detention ponds at the chosen location has a lesser environmental impact on wetlands than using lateral ditches. Other sites did not provide viable options. In addition, the alignment was shifted to the south approximately five feet in order to avoid impacts to the north at Parkers Hammock. As a result, this project will use detention ponds for water treatment and attenuation as described in the exhibit attached to, and made a part of, the resolution attached hereto (see Agnoli, Barber & Brundage Pond Siting Report of February 2004, attached). The ultimate stormwater discharge point for this project is the Lely Manor Basin. There has been coordination with the SFWMD regarding surface water drainage issues, and the application for the Environmental Resource Permit for this project has been submitted and is currently under their review. AGENDA ITEM No. MAR 2 3 200 Page 3 of 4 pg. ~ 4. Costs Cost to provide for the improvements has been considered from the initial identification in the adopted LRTP. As the project has been refined during the design, more specific costs to implement have been developed and considered as part of developing the financially feasible Capital Improvement Program. The design of the improvements has been made to maximize the improvement benefit with the minimum amount of impacts. The project includes a typical four-lane section within a six-lane configuration with sidewalks and bike lanes on both sides. The typical section that will be used in this project has been approved by the Board. The corridor is bounded on the north and south sides by residential developments, a golf course, together with commercial properties and undeveloped lots. The road alignment has gone through revisions to minimize the taking of additional right of way, and to provide for safe and efficient pedestrian and traffic flow. As a result, construction costs and the maintenance of traffic costs during construction are minimized. Of course, during the cost / benefit analysis phase the "do nothing" option is always one of the alternatives considered. While difficult to quantify with absolute precision, the "cost" of traffic congestion on the roadway's users is always a factor when studying the cost and feasibility of any roadway project. Construction on this two-year project is planned to commence early in fiscal year 2005. This project is part of an aggressive acquisition schedule to address the traffic movement and safety needs of the community. Thank you for your time and reviexv of this vital information. cc: Leo Ochs, Assistant County Manager David Weigel, County Attomey Gregg R. Strakaluse, P.E., Director, TE&CM Department Don Scott, AICP, Director, Transportation Planning Department Gary R. Putaansuu, P.E., Senior Project Manager, TE&CM Department Pg. ~ Page 4 of 4 - RATTLESNAKE HAMMOCK ROAD From Polly Avenue to Collier Boulevard Collier County P.N. 60169 A.B.B.P.N. 8315 POND SITING REPORT February 2004 Prepared by: AGNOLI, BARBER & BRUNDAGE, INC. 7400 Tamiami Trail N., Suite 200 Naples, FL 34108 Phone: 239-597-3111 Fax: 239-566-2203 brundage~abbinc.com Pg, /'t9 _ RATTLESNAKE HAMMOCK ROAD From Polly Avenue to Collier Boulevard POND SITING REPORT A. Purpose The purpose of this Report is to present two (2) stormwater management detention pond sites for consideration. Various stormwater management, environmental, and drainage design criteria was analyzed for each of the sites to determine the suitability of them to be used as detention pond sites. B. Identification of Alternate Sites .An exhibit of the existing zoning and land use was'prepared utilizing aerial photography along the project alignment to determine the location of possible pond sites. This exhibit indicated that only three (3) undeveloped parcels along the alignment were zoned AG. All other parcels along the project had specific zoning or were a Planned Unit Development (PUD) that provided for more intense land development than the County's base zoning of AG. A review of the status of the three (3) AG parcels indicated that one was currently being reviewed by the County for PUD approval, which is known as the Mandalay PUD, and a second one had recently been purchased by the Collier County Public School (CCPS) System for expansion of the School Systems transportation operations. The proposed Mandalay PUD is located along the north side of the Project corridor, immediately east of an existing development known as Hunington Woods Villas. The School Parcel is located along the south side of the Project corridor, immediately east of an existing CCPS school bus facihty. The third AG parcel had no proposed rezoning in process with the County and was therefore considered to be a possible pond site. This parcel is located between an existing apartment complex known as College Park Apartments and the CCPS bus facility. K:\8315 Rattlesnake Hammock Road\Correspondences~Documents\02-031Y04.DOC During the time that potential pond sites were being evaluated, a large PUD located along the south side of the Project corridor, known as Lely Resort, was being reviewed by the County for proposed PUD modifications. During the review process, the developer of Lely Resort indicated that a portion of ls adNoAG£Ny/~ ~M 2 3 200q Pg. / ~ within the Lely Resort PUD could be made available to the County for a pond site. This parcel is located along the south side of the Project corridor, immediately west of the College Park Apartments. The two (2) potential pond sites are shown on the referenced zoning/aerial exhibit, which ig attached in the Appendix of the Report. The pond site in the Lely Resort PUD is identified as Pond Site #1 and the pond site between College Park Apartments and the CCPS bus facil.ity is identified as Pond Site//2. Pond Site Preliminary Information The following is preliminary information regarding each pond site: 1. Right-of-Way Costs. The anticipated right-of-way cost for Pond Site #1 is $389,000 based on the County Appraiser's value of $1 ©0,000 per acre, and the anticipated right-of-way cost for Pond Site #2 is $301,000 based on $35,000 per acre. 2. Water Quality and Quantity Volumes Pond Site Permanen! Pool Water Quality Volume 11.2 ac. ft. Excess Storrnwater Storage Volume 5.4 ac. ft. 2 16.3 ac. ft. 13.3 ac. fi. 3. Soil and Groundwater Conditions According to the SCS Soil Maps for Collier County, Florida, the soil types found within the proposed pond sites are as follows: # 11 - Hallandale fine sands //22 - Chobee, Winder and Gator Soils, Depressional Both of the above soils are characterized as level to nearly level, poorly drained soils with limestone substrata. Biological indicators within the pond sites indicate that the wet season ground water elevation is at or slightly above existing grade in both pond sites. 4. Potential Hazardous Waste Contaminations K:\8315 Rattlesnake Hammock Road\CorrespondenceskDocuments\02-031Y04.DOC Both pond sites are forested and have never been developed. A Phase One Environmental Review was conducted for the roadway corridor and no potential hazardous water contamination was identified. Phase Ote ^~3£NOA I AR 2 3 200 ! d- Environmental Reviews of the individual pond sites have not been performed due to lack of right-of-entry, however, because the land has never been developed nor was any hazardous contamination identified along the corridor, it is considered unlikely that any contamination will be present. Potential Impacts to Cultural Resources Field review of the two pond sites indicates that there are no potential cultural impacts that would result from developing the two pond sites. 6. Potential Impacts to Utilities Field review and research with existing utility providers in the area indicate that there are no potential impacts to utilities that would result fi.om developing the two pond sites. Drainage Map The drainage maps for the roadway project is included in the Appendix. The two pond sites are identified and shown on the drainage maps. Evidence of Field Review The Project's environmental consultant, Kevin L. Erwin Consulting Ecologist, Inc., has performed a field review of both pond sites and has mapped the existing vegetation on the sites. A copy of the vegetation map entitled "Rattlesnake- Hammock Road SFWMD Wetland Map" is included in the Appendix. Description of applicable Regulatory Requirements Construction of the proposed ponds will require permits fi.om the South Florida Water Management District (SFWMD) and the United States Army Corp of Engineers (USACOE). The design criteria to be used in the pond design is as follows: Design Storm = 25 year 72 hour storm Total rainfall = 12.2 in. Maximum pond side slopes shall be no steeper than 4:1 (horizontal: vertical) from top of bank out to a minimum depth of two feet below control elevation. K:\8315 Rattlesnake Hammock Road\CorrespondenceskDocuments\02o031Y04.DOC A minimum perimeter maintenance and operational easement of 20 feet shall be provided beyond the control elevation line. - AGENDA ITEM No. 2 3 200 pg._ 3 Lo Mo No Description of Preodeveloped Runoff Characteristics as Basin Boundaries, Outfall Locations. Peak Runoff Rates, and Method of Conveyance A description of the pre-development runoff characteristics is included in the Appendix and is titled "Rattlesnake-Hammock Road Four Laning Project Polly Avenue to Collier-Boulevard Drainage and Water Management Narrative". Description of Post-Developed Runoff Characteristics A description of the post-development runoff characteristics is included in the Drainage and Water Management Narrative referenced in G above, in the Appendix. Schematic of Interconnected Ponds A schematic of the interconnected ponds is included in the Drainage and Water Management Narrative referenced in G above, in the Appendix. Description of the Operation of the Facility_ The control structure for the ponds will be a fixed crest weir and orifice and as such will not require any operation with the exception of periodic maintenance and cleaning. The grassed ben'ns and pond side slopes will require periodic mowing and weed control. All maintenance operations will be performed by Collier County forces. Soils and Groundwater Information Refer to item C.3 above for the soils and groundwater information. Stage vs. Storage Values Refer to the Drainage and Water Management Narrative referenced in G above. Electronic File of Routing Calculations The routing calculations were performed by utilization of the XP-S MM model. An electronic file of the model and results text file is included in the Appendix. Special Maintenance Requirements There are no special maintenance requirements for either of the pond than those listed in J above. K:\8315 Rattlesnake Hammock Road\Correspondences',Documents\02-031Y04.DOC 4 APPENDIX Contents: 1. Rattlesnake Hammock Road Comdor - Zoning/Land Use Map 2. Rattlesnake-Hammock Road - Drainage Maps 3. Rattlesnake-Hammock Road - SFWMD Wetland Map Rattlesnake-Hammock Road Four Laning Project - Polly Avenue to Collier Boulevard Drainage and Water Management Narrative 5. Electronic File of Routing Calculations AGENDA ITEM No._ ~fAR 2 3 200~ Pg. _ /.5' K:\8315 Rattlesnake Hammock Road\Correspondences',Documents\02-031Y04.DOC 5 EXHIBIT._z~ Page_/ of/[~ SEC TION COLLIER PARCEL NO. 10'I PROPERTY OWNER: ~JOHN MAOOC$ REFERENCE: 0.R. ~976, PGS, 611-615 STRAP NO.: 502621005.000511121 AREA OF TAKE: .487 SQ. rT, AREA OF REMAINDER: XXXX SQ, FT, · 21, TOWNSHIP 50 SOUTH, RANGE 26 EAST COUNTY, FLORIDA SCALE: 1" ROYAL WOOD GOLF AND COUNTRY CLUB UNIT ONE, TRACT P t ROYAL WOO0 GOLF' AND COUNTRY I CLUB UNIT ONE, TRACT K (PARK AND PRESERVE AREA) P.O.C. = POINT OF COMMENCMENT P.O.B. = POINT OF BEGINNING R.O.W. = RIGHT-OF-WAY AND UTILITYEASEMENT LEGAL DESCRIPTION AND SKETCH SHEET 1 OF 2 THIS LEGAL DESCRIPTION AND SKETCH PREPARED BY: Professional enKtneer~, pl~ae~, & l~nd sur~yo~ DESCRIPTION: PARCEL 101 CLIENT: COLLIER COUNTY TRANSPORTATION DIVISION 1/1,5/04 CGF_.,~OE W. AC~,NEY, P.S.M. NO. 5606 SCALE: I" = 80'. DATE:SEPT. 29. 200~ DRAWN BY: ,]'AN PROJECT NO.: . ACAD' NO: 8668-5020 FILE NO: 86~1~ MAR 2 3 200 Pg. EXHIBIT, Page ~ SECTION 21, TOWNSHIP 50 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA LEGAL DESCR!PTION OF PARCEL 101 ALL THAT PART OF SECTION 2i. TOWNSHIP 50 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 21; THENCE SOUTH 89'1.3'46" EAST ALONG THE NORTHERLY LiNE OF SAID SECTION 21 AND ALONG THE SURVEY BASELINE OF RATTLESNAKE HAMMOCK ROAD A DISTANCE OF 52.20 FEET; THENCE LEAVING SAID NORTHERLY LINE SOUTH 0'~6'14" ~ST A DISTANCE OF 50.00 FEET TO THE NORTH LINE OF RATTLESNAKE HAMMOCK ROAD AND THE NORTHEASTERLY CORNER OF LELY COUNTRY CLUB TANGLEWOOD I1 AS RECORDED IN PLAT BOOK 15 PAGE 115 PUBLIC RECORDS OF COLLIER COUNTY FLORIDA; THENCE ALONG THE EASTERLY LINE OF SAID TANGLEWOOD il SOUTH 2'56'37" WEST A DISTANCE OF 17.51 FEET TO THE POINT OF BEGINNING OF THE PARCEL HEREIN BEING DESCRIBED; THENCE CONTINUE ALONG SAID EASTERLY LINE SOUTH 2'56'37" ~ST A DISTANCE OF 37.55 FEET; THENCE LEAVING SAID EASTERLY LINE NORTH 36'54'58" EAST A DISTANCE OF 46.44 FEET TO AN INTERSECTION ~ ~E SOU~ERLY LINE OF A RIGHT OF WAY PARCEL AS DESCRIBED IN OFFICIAL RECORDS BOOK 2976 PAGE 811 PUBLIC RECORDS OF COLLIER COUNTY FLORIDA; THENCE NORTH 89'13'46" WEST ALONG SAiD SOUTHERLY RIGHT OF WAY PARCEL LINE A DISTANCE OF 25.96 FEET TO THE POINT OF BEGINNING OF ~E PARCEL HEREIN DESCRIBED; CONTAINING 487 SQUARE FEET OF LAND MORE OR LESS; ~RP~AL, NON-~CLUSI~ R~D RIG~F-~y, ~INAGE AND ~ILI~ ~SEMENT LEGAL DESCRIPTION AND S~ETCH SHEET ~Is LEGAL DESCRIP~ON AND SKETCH PREPARED BY: i DESCRIPTION: PARCEL 101 Professional en~neer~, p]anne~, · land au~yora SCALE: N.T,~. DATE: SEPT. EXHIBIT Page ,"~ of SECTION 16, TOWNSHIP 50 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA PARCEL NO. 702 PROPERTY OWNER: SHEPHER0 OF THE GL~DES LUmERAN CHURCH ~~Z~ R~F~RENCE: o R xxxx, p~, ~w STRAP NO.: 5o2~sme.~o~s SCALE: 1" = 80' ,~, TEMPORARY DRIVEWAY RESTORATION EASEMENT (DURATION: 3 YEARS FROM COMMENCEMENT OF CONSTRUCTION) P.O.C. - ~OI~T OF COMMFNCMENT SrA. ~,+02.$0 P.O.B. ~ POU',IT OF BEGINNING 'HIS LEGAL DESCRIPTION AND SKETCH PREPARED BY: Professlonnl engineers, planner~ ~ land sI.L,-reyors LEGAL DESCRIPTIOhl A'ND SKETCH SHEET 1 OF' 2 DESCRIPTION: PARCEL 702 CLIENT: COLLIER COUNTY TRANSPORI:AllOhk~DIVlSION '~EO'~'-G~E W.']H~,CKN~'Y, P.S.M. NO. 5606 SCALE:' 1" = DO' ' DATE: OCT. 5. 200~ DRAWN ;3Y: ~ ,)AN PROJECT NO.: 8.31~ ACAD NO:B672-SD8 FILE NO: 86Z2, MAR 2 3 200z~ r--Al'Ill:il SECTION 16, TOWNSHIP 50 c~OUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA LEGAL DESCRIPTION OF PARCEL 702 ALL THAT PART OF THE SOUTH !/2 OF SECTION 16, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA BEING PART OF SHEPHERD OF THE GLADES LUTHERAN CHURCH PROPERTY LYING NORTHERLY OF RATTLESNAKE HAMMOCK ROAD (C.R. 864) AND BEING MORE PARTICULARLy DESCRIBED AS FOLLOWS; COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 16; THENCE SOUTH 89'15'46" EAST ALONG THE SOUTH LINE OF SAID SECTION AND THE SURVEY BASELINE OF SA!D RATTLESNAKE HAMMOCK ROAD A DISTANCE OF .578.48 FEET; THENCE NORTH 0'46'14" EAST A DISTANCE OF 67.50 FEET TO THE NORTHERLY RIGHT OF WAY LINE OF SAiD RATTLESNAKE HAMMOCK ROAD AND THE POINT OF BEGINNING OF THE PARCEL HEREIN BEING DESCRIBED; THENCE CONTINUE NORTH 0'46'14" EAST A DISTANCE OF 21.50 FEET; THENCE SOUTH 8g'13'46" EAST ALONG A LINE 21.50 FEET NORTHERLY OF AND PARALLEL WITH SAID RIGHT OF WAY LINE A DISTANCE OF 54.00 FEET; THENCE LEAVING SAID LINE SOUTH 0'46'14" WEST A DISTANCE OF 21.50 FEET TO SAID RIGHT OF WAY LINE; THENCE NORTH 89'15'46" WEST ALONG SAID RIGHT OF WAY LINE A DISTANCE OF 54.00 FEET TO THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED; CONTAINING 1,161 SQUARE FEET OF LAND MORE OR LESS; TEMPORARY DRIVEWAY RESTORATION EASEMENT (DURATION: 3 YEARS FROM COMMENCEMENT OF CONSTRUCTION) LEGAL DESCRIPTION 'AND SKETCH SHEET 2 OF 2 THIS LEGAL DESCRIPTION AND SKETCH PREPARED BY: DESCRIPTION: PARCEL 702 Prole~slonal engineers, planners, & land sur~lror~ SCALE: N.T.S. DATE: OCT, 3. 2003 ~.o ¢o=,~, s.~t, [Gl, tm a,.~ ~.. ;,,~ ~.,, r~ s~t (~;m~-sm DRAWN BY: ~, .JAN PROJECT NO.: 8315 c,~t..r ,~=t~..~.u~ ~. z.~ ss~ ~d ~ s~s4 r~ (eil)~$e-2Jes ACAO NO: 8672-SD8 FILE NO: 867:2 NO. EXHIBIT/? I SEC TION 16, TOWNSHIP 50 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA PARCEL NO..I03 PROPERTY OWNER: ~,[OWARD Am UEBH^B£R REFERENCE: 0.R. 13,),.l. PO. 1851) STRAP NO.: .502§t6138.02§§~j16 AREA OF TAKE: ~3486 so, FT. AREA OF REMAINOER: XXXX Sq. FT. 4- P.O.B. FEE SIMPLE INTEREST P.O.C. P.O.B. R.O.W. = POINT OF COMMENCMENT =' POINT OF BEGINNING = RIGHT-OF-WAY SCALE: ?" = 80' P.O.C. STA. 185+02.50 LEGAL DESCRIPTION AND SKETCH SHEET 1 OF 2 THIS LEGAL DESCRIPTION AND SKETCH PREPARED BY: DESCRIPTION: PARCEL lOJ CLIENT: COLLIER COUNTY TRANSPORTATION DIMISrON REVISION: W. H~H~N 1/15/04 BY: ~'~"~DE ~Y, P.S.M. NO. 5606 SCALE: 1" -- [}0' DATE:SEPT. 26. 20_0.~. DRAWN BY: ,JAN PROJECT NO.: 8.312 ACAD NO:I~668-SD7 FILE NO: 0068 MAR 2 3 200~ Pg-_ EXHIBIT Page_ L~? of~ SECTION 16, TOWNSHIP 50 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA LEGAL DESCRIPTION OF PARCEL 103 ALL THAT PART OF THE SOUTH 1/2 OF THE SOUTHWEST '}/4 OF SECTION 16, TOWNSHIP 50 SOUTH, RANGE 26 EAST COLLIER COUNTY FLORIDA LYING NORTHERLY OF RATTLESNAKE HAMMOCK ROAD (C.R. 864) (100' R'iGHT CF ',"/AY) AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS; COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 16; THENCE SOUTH 89'1.3'46" EAST ALONG THE SOUTH UN OF IA!D SECTION 16 AND ALONG THE CENTERLINE OF RATTLESNAKE HAMMOCK ROAD (C.R. 864) A DISTANCE OF 460.07 FEET; THENCE LEAVING SAID SOUTHERLY LINE AND LEAV;NG SAiD CENTERLINE NORTH 0'46'14" EAST A DISTANCE OF 50.00 FEET TO THE %P, UTH?/EST CORNER OF HUNTINGTON WOODS CONDOMINIUM AS RECORDED IH OF~-ICIA[ RECORDS BOOK 119.3, PAGES 503 THROUGH .556 PUBLIC RECORDS OF COl L~ER COUNTY, FLORIOA AND THE POINT OF BEGINNING OF THE PARCEL HERE',N BEING DESCRBED; THENCE SOUTH 89'13'46" EAST ALONG THE SOUTHERLY LINE- 0~' SAID HUNTINGTON WOODS CONDOMINIUM AND ALONG THE NORTHERLY L'NE OF SAID RATTLESNAKE HAMMOCK ROAD A DISTANCE OF 199.20 FEET TO THE SOUFHEASTERLY CORNER OF SAID HUNTINGTON WOODS CONDOMINIUM; THENCE LEAVING SAID SOUTHERLY LINE AHD LEAVING SAID NORTHERLY LINE NORTH 0'03'46" WEST ALONG THE EASTERLY LINE OF SAID HUNTINGTON WOODS CONDOMINIUM A DISTANCE OF 17..50 FEET; THENCE LEAVING SAID EASTERLY L;NE NORTH 89'13'46" WEST ALONG A LINE 17.50 FEET NORTHERLY OF AND PARALLEL WITH THE AFORESAID NORTHERLY RIGHT OF WAY LINE A DISTANCE OF 199.22 FEET TO THE WESTERLY LINE' OF SAID HUNTINGTON WOODS CONDOMINIUM; THENCE SOUTH 0'07'45" EAST ALONG SAiD WESTERLY LiNE OF' SAID HUNTINGTON WOODS CONDOMINIUM A DISTANCE OF 17..50 FEET iO ~F'E POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED; CONTAINING .3486 SQUARE FEET OF LAND MORE OR LESS; FEE SIMPLE iNTEREST THIS LEGAL DESCRIPTION AND SKETCH PREPARED BY: LEGAL DESCRrPTiON AND SKETCH SHEET 2 OF 2 DESCRIPI~ON: PARCEL 10.3 CLIENT: COLLIER COUNTY IRANSPORTATION DIVISION qEVISiON: ~'~. ,./~//l~,/.,,.j.~~ 1/~ 5/04 aY: 'GE~'CE ~.~H%dKN~, P.S.M. NO. 5606 SCALE: N.T.~, OATE:SEPT. 26. 2005 DRA~ BY: JAN PROJECT NO.: ACAD NO:8668-SD7 FILE NO: 866~ ' MAR 2 3 200 I Pg. ~c~ / EXHIBIT ~ SECTION 16, TOWNSHIP 50 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA PARCEL NO. 703 PROPERTY OWNER: EDWARD A. UEBHABER REFERENCE: O,R. 1333. PG. 1I}58 SCALE: 1" = 80' STRAP NO.: 502616138.0265B1§ TEMPORARY DRIVEWAY RESTORATION EASEMENT [DURATION: 3 YEARS FROM COMMENCEMENT OF CONSTRUCTION) P,O.C. P.O.B. R.O.W. -- POINT OF COMMENCMENT = POINT OF BEGINNING = RIGHT-OF-WAY P.O.C. STA. 185+02.50 LEGAL DESCRIPTION AND SKETCH SHEET 1 OF 2 THIS LEGAL DESCRIPTION AND SKETCH PREPARED BY: 1ii!i~.o,., DESCRIPTION: PARCEL 705 ,. CLIENT: COLLIER COUNTY ~'RANSPORTAflON DtV1SION 1/15/04 'OEO~R"G~ ~/.' HACK~IEY, P.S,M. NO. 5606 SCALE: 1" = 80' DATE: OCT. $. 200,3 DRAWN BY: J~::J_ PROJECT NO.: 8,315 ACAD NO: 8672-SD9 FILE NO: 8672 AGENI:~kJTEM ~AR 2 3 200zl Pg._ EXHIBIT of SECTION 16, TOWNSHIP 50 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA LEGAL DESCRIPTION OF PARCEL 703 ALL THAT PART OF THE SOUTH 1/2 OF SECTION 16. TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA BE;NO PART OF HUNTINGTON WOODS CONDOMINIUM PROPERTY LYING NORTHERLY OF RATTLESNAKE HAMMOCK ROAD (C.R. 864) AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS; COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION !6; THENCE SOUTH 89'15'46" EAST ALONG THE SOUTH LINE OF SAID SECTION 16 AND THE SURVEY BASELINE OF SAID RATTLESNAKE HAMMOCK ROAD A DISTANCE OF 460.05 FEET; THENCE NORTH 0'46'14" EAST A DISTANCE OF 50.00 FEET TO THE NORTHERLY RIGHT OF WAY LINE OF SAID RATTLESNAKE HAMMOCK ROAD; THENCE NORTH 0'07'45" EAST A DISTANCE OF 17.52 FEET TO THE FO~NT OF BEGINNING OF THE PARCEL HEREIN BEING DESCRIBED; THENCE CONTINUE NORTH 0'07'43" WEST A DISTANCE OF 21.50 FEET; TUENCE SOUTH 89'1..3'46" EAST ALONG A LINE .39.00 FEET NORTHERLY OF AND PARALLEL WITH SAID RIGHT OF WAY LINE A DISTANCE OF 54.05 FEET; THENCE LEAVING SAID LINE SOUTH 0'46'14" WEST A DISTANCE OF 21.50; THENCE NORTH 89'13'46" ~ST ALONG A LINE 17.50 FEET NORTHERLY OF AND PARALLEL TO SAID RIGHT OF WAY LiNE A DISTANCE OF 53.71 FEET TO THE POINT OF BEGINNING OF THE PARCEL HERE:N DESCRIBED; CONTAINING 1,158 SQUARE FEET OF LAND MORE OR LESS; TEMPORARY DRIVEWAY RESTORATION EASEMENT (DURATION: 3 YEARS FROM COMMENCEMENT OF CONSTRUCTION) LEGAL DESCRIPTION AND SKETCH SHEET 2 OF 2 THIS LEGAL DESCRIPTION AND SKETCH PREPARED BY: DESCRIPTION: PARCEL 70,3 iiii[l~,¢_..,OU OLIENT: COLLIER COUNTY 'RA~NSpQRTAT_fON D~SION REVISION: I Profes/loa~,] enitztee~, pIM:mePJ. & land ~ur~eTor~ SCALE: · . N,T,S_.. DATE: oCT. 3. 20~O..~ (.,~}~-~f~ DRAWN BY: JAN PROJECT NO.: 8,315 ~.~ ~ *.~o,'...,...~. ~ ~.* .* n .~ r~ (.=).0-~ ACAD NO: 86~2-SD9 FfLE NO: 8672 AGENDA ITEM NO.. MAR 2 3 200 EXHIBIT SECTION 16, TOWNSHIP 50 SOUTH, RANGE 26 EAST COLLIER PARCEL NO. 803 PROPERTY OWNER: EDWARD A. LIEBHA~E~R REFERENCE: OR. 1353, PG. 1858 STRAP NO.: 502616138.0265B16 COUNTY, FLOR~DA ..==:::::::F-- Z ~ SCALE: 1" = 80' P.O.C. P.O.B. R.O.W. ~ERI~-TI. IAL NON-EXCLUSIVe: DRAINAGE EASEMENT POINT OF COMMENCMENT POINT OF BEGINNING RIGHT-OF-WAY P.O,C. / STA. 185+02.50 LEGAL DESCRIPTION AND SKETCH SHEET 1 OF 2 THIS LEGAL DESCRIPTION AND SKETCH PREPARED BY: DESCRIPTION: PARCEL 803 CLIENT: COLLIER COUNTY TRANSPORTA1]ON DIVISION REVISION: BY: ~~~" 1/15/04 -GEORGE W.' HACKNJ~Y, P.S.M. NO. 5606 SCALE: 1" = ~10', DATE: OCT..3. 200.3 DRAWN BY: ,,J~,N PROJECT NO.: 83]~ ACAD NO:8672-S010 FILE NO: 8672 AGENDA ITEM No. MAR 2 3 200q pg. ~ Z/ EXHIBIT Page_ { L SECTION 16, TOWNSHIP 50 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA LEGAL DESCRIPTION OF PARCEL 80,3 ALL THAT PART OF SECTION 16, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA LYING NORTHERLY OF RATTLESNAKE HAMMOCK ROAD (C.R. 864) (100' RIGHT OF WAY) AND BEING MORE PARTICULARLY OESCRIBED AS FOLLOWS; COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 16; THENCE SOUTH 89'15'46" EAST ALONG THE SOUTH LINE OF SAID SECTION 16 ANO ALONG THE SURVEY BASELINE OF RATTLESNAKE HAMMOCK ROAD (C.R. 864 - 100' R.O,W.) A DISTANCE OF 659.27 FEET; THENCE LEAVING SAID SOUTHERLY LINE AND LEAVING SAID BASELINE NORTH 0'46'14" EAST A DISTANCE OF 50.00 FEET TO THE NORTHERLY RIGHT OF WAY LINE OF SAID RATTLESNAKE HAMMOCK ROAD AND THE SOUTHEAST CORNER OF HUNTINGTON WOODS CONDOMINIUM; THENCE NORTH 0'03'46" EAST ALONG THE EAST LINE OF SAID HUNTINGTON WOODS CONDOMINIUM A DISTANCE OF 17,50 FEET TO THE POINT OF BEGINNING OF THE PARCEL HEREIN BEING DESCRIBED; THENCE CONTINUE NORTH 0'03'46" EAST ALONG SAID EAST LINE A DISTANCE OF 9..35 FEET; THENCE LEAVING SAID EAST LINE NORTH 89'15'46" WEST ALONG A LINE 26.8.3 FEET NORTHERLY OF AND PARALLEL WITH SAID RIGHT OF WAY LINE A DISTANCE OF 17.00 FEET; THENCE SOUTH 0'03'46" WEST A DISTANCE OF 9.5.3 FEET; THENCE SOUTH B9'1.~'45" EAST ALONG A LINE 17,50 FEET NORTHERLY OF AND PARALLEL WITH SAID RIGHT OF WAY LINE A DISTANCE OF 17.00 FEET TO THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED; CONTAINING 159 S©UARE FEET OF LAND MORE OR LESS; =ERPETUAL, NON-EXCLUSIVE DRAINAGE EASEMENT LEGAL DESCRIPTION AND SKETCH SHEET 2 OF 2 THIS LEGAL DESCRIPTION AND SKETCH PREPARED BY: OESCRtP]]ON: PARCEL 803 iiiiiA CL,ENT: COLL,E. COUN T.A"S ORTA ON D, S,ON mwmww BgR & BY: www·e· 1/15/04 =...wa~RUNDAOE,.~.am·sas GE-OI~'G~ W, HACK4~EY, P,S.M. NO. 5606 Professtorml e.~lneer~, planners, & land sur~,yors SCALE: N.T.S. DATE: OCT. 3. 20_0_~ ~.. Co~t~ ~.t. =,~. ~.. s.*,~ ,~..~ ~--~ ~.., ~ .e,i le~tl=s'-s,l! DRAWN BY:. JAN PROJECT NO.: 8315 c..u.o.~., ~m.,..u.. ,~ ~ ,e~ ~ ~ s,~ '"~ {~')~'"-'~ ACAO NO: 8672-S010 F!LE NO: 867;~ HAR 2 3,200 Pg. ~ ~ .._ ii/~l II1~/I I /I Page. ,,'/ of SEC TION 16, TOWNSHIP 50 SOUTH, RANGE 26 EAST COLLIER PARCEL NO. tO4. PROPERTY OWNER: BOSRy ¢, AND ~"IFLMA MCI[AN REFERENCE: O.R, 1340. PG':;:, ~715-t7I~ STRAP NO.: 5026~6019.000§B16 AREA OF TAKE: .0.093 ACRE~; AREA OF REMAINDER: xxxx sq, 8 FEE SIMPLE INTEREST P.O.C. P.O.B. R.O.W. 8 COUNTV, FLORIDA POINT OF COMMENCMENT POINT OF BEGINNING RIGHT-OF-WAY SCALE: I" = 80' THIS LEGAL DESCRIPTION AND SKETCH PREPARED BY: . LEGAL DESCRIPTION AND SKETCH SHEET 1 OF 2 DESCRIPTION: PARCEL 104: CLIENT: COLLIER COUNTY TRANSPORTATION DIVISION REVISION: 1/6/04 G~(~RGE W, HAC~I~'IEY, P.S.M. NO. ,5606 SCALE: 1" = 80' DATE:SEP'i'. 26, 200.3 DRAWN BY: dAN PROdECT NO,: 8315 ACAD NO:~668-SD8 FILE NO: 8668 MAR 2 3 200h Pg. -,~ ~ r'AFIIDI I Page /~ of SECTION 16, TOWNSHIP 50 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLOR/DA LEGAL DESCRIPTION OF PARCEL '04 ALL THAT PART OF THE SOUTH 1/2 OF THE SOUTHWEST 1,/,~ OF SECTION 16, TOWNSHIP 50 SOUTH, RANGE 26 EAST COLLIER CO[~'I'~TY F',_'OQ D*'~ LYING NORTHERLY OF RATTLESNAKE HAMMOCK ROAD (C.R. 864) (100' R!CHT OF WAY) AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS; COMMENCING AT ~E SOUTH~ST CORNER OF SAiD SECTION !~; THENCE SOUTH 89'13'46" EAST ALONG THE SOUTH L',NE OF S~,ID SECTION 16 AND ALONG ~E CEN~RLINE OF RATTLESNAKE HAMMOCK ROAD (C.R. 864) A DISTANCE OF 659.27 FEET; THENCE LEAVING SAID SOUTHERLY LiNE AND LEAVING SAID CENTERLINE NORTH 0'46'14" EAST A DISTANCE OF 50.00 FEET TO THE SOU-HWESf CORNER OF THE BOBBY C. AND ~ELMA MCLEAN PROPER~ AS RECORDED ~N OFFICIAL RECORDS BOOK 1340, PAGES 1715 AND 1716 PUBLIC RECORDS 0[ COLLIER COUNTY, FLORIDA AND THE POINT OF BEGINNING OF THE PARCEL HEREIN BEING DESCRIBED; THENCE SOUTH 89'13'46" EAST ALONG THE SOUTHERLY LINE OF SAID BOBBY C. AND THELMA MCLEAN PROPERTY AND ALONG ~E NORTHERLY LiNE OF SAID RATTLESNAKE HAMMOCK ROAD A DISTANCE OF 231.80 FEET FO THE SOUTHEAS~RLY CORNER OF THE AFORESAID MCLEAN PROPERTY; THENCE LEARNS SAID SOUTHERLY LINE AND LEAWNG SAiD NORTHERLY LINE NORTH 0'05'46" ~ST ALONG THE EASTERLY LINE OF THE AFORESAID MCLEAN PROPERTY A DISTANCE OF 17.50 FEET; THENCE LEAVING SAiD EASTERLY LiNE NORTH 89'15'4~" 'YES= ALONG A LiNE ~7.50 FEET NORTHERLY OF AND PARALLEL TO THE AFOREMENTIONED NORTHERLY RIGHT OF WAY LINE A DISTANCE OF 231.80 FEET TO THE WESTERLY L;NE OF THE AFORESAID MCLEAN PROPERTY; THENCE SOUTH 0'03'25" EAST ALONG THE WESTERLY LINE OF THE AFORESAID MCLEAN PROPERTY A DISTANCE OF 17.50 FEET TO TME POINT OF BEGiNNiNG OF THE PARCEL HEREIN DESCRIBED; CONTAINING 0.093 ACRES OF LAND MORE OR LESS; FEE SIMPLE I~EREST LEGAL DESCRIP~ON AND SKETCH SHEET 2 OF 2 mmmmmmmmmmm~Bg~ ~ 1/6/O4 fiE~G~ ~.'HACKNE~, P.S.B. NO. 5606 mmmmam mmmmm)~RUNDAGE,~ Progressional engineers, planners, k land sur~yom SCALE: N.T.S. DATE: SEPT- 26. 2005 ~ or ~.~.... ~ s~ .in ~8. ~ (*~e-~ ACAD NO: 8668-~0 FILE NO: 8668 AGENDA ITEM No.. MAR 2 3 200 Pg. ,~27 __ EXHIBIT Page/~ of_..~r TEMPORARY CONSTRUCTION EASEMENT (DURATION: 3 YEARS FROM COMMENCEMENT OF CONSTRUCTIL, SEC T/ON 16, TOWNSHIP 50 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA PARCEL NO. 704 PROPERTY OWNER: BOBBY C. AND }~IELMA MClEAN REFERENCE: O,R. 1~4g, P6S. 171.~-1716 STRAP NO.: 502616019.0005816 AREA OF TAKE: 0.027 ACRE'=: AREA OF REMAINOER: xXXX P.O.B, P.O.C. P.O.B. R.O.W. = POINT OF COMMENCMENT = POINT OF BEGINNING = RIGHT-OF-WAY SCALE: 1" = 80' P,O.C, STA. ~85+02.50 LEOAL DESCRIPTION AND SKETCH SHEET 1 OF 2 HIS LEGAL DESCRIPTION AND SKETCH PREPARED BY: w .Bw~AP~ER & DESCRIPTION: PARCEL 704 CLIENT: COLLIER COUNTY TRANSPORTATION DIVISION BY: 'O~(~RGE ~. HACKNEY, P,S.M. NO, 5606 SCALE: 1" = 80' DATE: dAN. 6, 2004 DRAWN BY: JAN PROJECT NO.: 8.315 ACAD NO:8672-SD2j. FILE NO: 8672 AGENDAITEM No.. MAR 2 3 200 pg. o~, ~ EXHIBIT SECTION 16, TOWNSHIP 50 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA LEGAL DESCRIPTION OF PARCEL 704- ALL THAT PART OF THE SOUTH 1/2 OF' THE SOUTHWEST 1/4 OF SECTION TOWNSHIP 50 SOUTH, RANGE 26 EAST COLLIER COUNTY FLORIDA LYING NORTHERLY OF RATTLESNAKE HAMMOCK ROAD (C.R. 864) (100' RIGHT OF WAY) AND BEING MORE , PARTICULARLY DESCRIBED AS FOLLOWS; COMMENCING AT THE SOUTHWEST CORNER OF SA!D SECTION ~6; THENCE SOUTH 89'13'46" EAST ALONG THE SOUTH LiNE OF SAID SECTION 16 AND ALONG THE CENTERL:NE OF RATTLESNAKE HAMMOCK ROAD (C.R. 864) A DISTANCE OF 659.27 FEET; THENCE LEAVING SAID SOUTHERLY LINE AND LEAVING SAID CENTERLINE NORTH 0'46'14" EAST A DISTANCE OF- 50.00 FEET TO THE SOUTHWEST CORNER OF THE BOBBY C. AND THELMA MCLEAN PROPERTY AS RECORDED 1N OFFICIAL RECORDS BOOK 1540, PAGES 17!5 AND 1716 PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE NORTH 0'03'46" WEST ALONG THE WESTERLY LINE OK THE AFORESAID MCLEAN PROPERTY A DISTANCE OF 17.50 FEET TO THE POINT OF BEGINNING OF THE PARCEL HEREIN BEING DESCRIBED; THENCE SOUTH 89'13'46" EAST ALONG A LINE 17.50 FEET NORTHERLY OF AND PARALLEL W1TH THE SOUTHERLY LINE OF THE AFORESAID MCLEAN PROPERTY AND THE NORTHERLY LINE OF SAID RATTLESNAKE HAMMOCK ROAD A DISTANCE OF 231.80 FEET TO THE EASTERLY LINE OF THE AFORESAID MCLEAN PROPERTY; THENCE NORTH 0'03'46" WEST ALONG SAID EASTERLY LINE A DISTANCE OF 5.00 FEET; THENCE LEAVING SAID EASTERLY LINE NORTH 89'13'46" WEST ALONG A LINE 22.50 FEET NORTHERLY OF AND PARALLEL WITH THE AFORESA!D NORTHERLY RIGHT OF WAY LINE A DISTANCE OF 231.80 FEET TO THE WESTERLY LINE OF THE AFORESAID MCLEAN PROPERTY; THENCE SOUTH 0'03'46" EAST ALONG THE WESTERLY LINE OF SA!D MCLEAN PROPERTY A DISTANCE OF 5.00 FEET TO THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED; CONTAINING 0.027 ACRES OF LAND MORE OR LESS; TEMPORARY CONST1RUCTK)N EASEMENT (DURATION: 3 YEARS FROM COMMENCEMENT OF CONSTRUCT! LEGAL DESCRIPTION AND SKETCH SHEET 2 OF 2 THIS LEGAL DESCRIPTION AND SKETCH PREPARED BY: DESCCMPTION: PARCEL 704 iiii~jk CLIENT: COLLIERCOUNTY__TRANSPORTATION DIVISION · illl= EORGE W. HACKNE,-Y, PS.M. NO. 5606 liWWi RUNDAGE,~,~ I Profe~lo:aa] en~blee~, planne~, & land surveyors SCALE: N.T.S~ DATE:~AN. 6, 200_~ AGEND&ITEM No.. 2 3 200 EXHIBIT Page SECTION 16, TOWNSHIP 50 SOUTH, RANGE 26 EAST COLLIER PARCEL NO. 10~ PROPERTY OWNER: BOBBY C. AND THELMA MC~.EAN REFERENCE: p.R. 1340, PG~. STRAP NO.: 502616019.0005816 AREA OF TAKE: 0,198 ACRES AREA OF REMAINDER: XXXX SO. FT. COUNTY, BOBBY C. AND THELMA MCLEAN O,R. BOOK 334, PAGES 132 THRU 13,.7 STRAp t 502516021.0005B16 TEMPORARY DRIVEWAY RESTO4RATION EASEMENT (DURATION: 3 YEARS FROM COMMENCEMENT OF CONSTRUCTION) P.O,B. P.O.C. P.O.B. R.O.W. SCALE: 1" = 80' BOBBY C. AND THELMA MCLEAN O.R. BOOK 1340, PAGES 1715 THRU 1716 STRAP ~ 5026~6019.0005~16 POINT OF COMMENCMENT POINT OF BEGINNING RIGHT-OF-WAY p.o.c.I ,~ STA, 185+02.50 LEGAL DESCRIPTiCH AND SKETCH SHEET 1 OF 2 THIS LEGAL DESCRIPTION AND SKETCH PREPARED BY: DESCRIPTION: PARCEL 105 CLIENT: COLLIER REVISION: COUNTY TRANSPORTATION DIVISION 8¥: ~O~O~G-E ~. H~¢KNE¥, P.S.~. NO. 5~06 SCALE: I" = 80' 0ATE: SEPT. 26. 2003 DRAWN BY: ,~['1 PROJECT NO.: 851,.5 ACAD NO: 8_668-S09 FILE NO: 8668 AGENDA ITEM NO .... /~' MAR 2 3 200, Pg. ,,.~0 EXHIBIT_ SECTION 16, TOWNSHIP 50 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA LEGAL DESCRIPTION OF PARCEL 10.5 ALL THAT PART OF THE SOUTH 1/2 OF THE SOUTHWEST 1/4 OF SECTION 16, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, L'flNG NORTHERLY OF RATTLESNAKE HAMMOCK ROAD (C.R. 864-) (100' RIGHT OF WAY) AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS; COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 16; THENCE SOUTH 89'13'46" EAST ALONG THE SOUTH LINE OF SAID SECTION 16 AND ALONG THE CENTERLINE OF RATTLESNAKE HAMMOCK ROAD (C.R. 864) A DISTANCE OF 891.07 FEET: THENCE LEAVING SAID SOUTHERLY LINE AND LEAVING SAID CENTERLINE NORTH 0'46'14" EAST A DISTANCE OF 50.00 FEET TO THE SOUTHWEST CORNER OF THE BOBBY C. AND THELMA MCLEAN PROPERTY AS RECORDED IN OFFICIAL RECORDS BOOK 1,340, PAGES 1715 AND 1716 PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA AND THE POINT OF BEGINNING OF THE PARCEL HEREIN BEING DESCRIBED; THENCE SOUTH 89'15'46" EAST ALONG THE SOUTHERLY LINE OF SAID MCLEAN PROPERTY AND ALONG THE NORTHERLY LiNE OF SAID RATTLESNAKE HAMMOCK ROAD A DISTANCE OF 493.61 FEET TO THE SOUTHEASTERLY CORNER OF THE AFOREMENTIONED MCLEAN PROPERTY; THENCE LEAVING SAID SOUTHERLY LINE AND LEAVING SAID NORTHERLY LINE NORTH 0'02'46" WEST ALONG THE EASTERLY LINE OF 7HE AFOREMENTIONED MCLEAN PROPERTY A DISTANCE OF 17.50 FEET; THENCE LEAVING SAID EASTERLY LINE NORTH 89'15'46" WEST ALONG A LINE 17.50 FEET NORTHERLY OF ANO PARALLEL WITH THE AFORESAID NORTHERLY RIGHT OF WAY LINE A DISTANCE OF 49,3.62 FEET TO THE WESTERLY L!NE OF THE AFOREMENTIONED MCLEAN PROPERTY; THENCE SOUTH 0"03'46" EAST ALONG THE WESTERLY LINE OF THE AFOREMENTIONED MCLEAN PROPERTY A DISTANCE OF 17.50 FEET TO THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED; CONTAINING 0.198 OF AN ACRE OF LAND MORE OR LESS; TEMPORARY DRIVEWAY RESTORATION EASEMENT (DURATION: 3 YEARS FROM -?MMENCEMENT OF CONSTRUCTION) LEGAL DESCRIPT!ON. AND SKETCH SHEET 2 OF 2 THIS LEGAL DESCRIPTION AND SKETCH PREPARED BY: i DESCRIPTION: PARCEL 1~5 ::::.:.ld~.. ~ · .....~RfJND~.G~,,~. 1/6/04- GEORGE W. H.,M~KNEY, P.S.M. NO. 5606 Profe~loaa! em~lneers, pl&z~er., & lan<l ~ur~eyor~ SCALE: N.T.S. 0ATE:SEPT. 26. 2003 ~.. ~.~., ~.... ~o~. ,,. :,..,~, ..... ,~ -,.-., .. ~,o~ (,4J)~$~,-:~ DRAWN BY: .~AN PROJECT NO.: 8315 c.,~t..~ ,.t~.~.u. ,.~ ~ ,,, .~ n ~,4 ~ {**~)~.-.o, ACAD NO: 86§8-SD9 FILE NO: 8668 MAR 2 3 200 Pg. ,, EXHIBIT Page..L of .~ECTION 16, TOWNSHIP ..50 SOUTH, RANGE 26 EAST COLLIER PARCEL NO. ,705-,~ PROPERTY OWIVER: eOaBY C. AN[;) TH([~ MCLEAN REFERI~NCE; .~.R. 1340, PGS, 171~-171§ STRAP NO.: ~02616019,000581~ AREA OF TAKE: 0,085 ACRES AREA OF REMAINDER: XXXX SQ. FT. =~ BOBBY C. AND THELMA MCLEAN O.R. BOOK 334° PAGES 132 THRU 1.33 $~AP ~15028~6021.0005B16 oJ COUNTY, FLORIDA FEE SIMPLE INTEREST P.O.C. P.O.B. R.O.W. P.O.B. BOBBY C. AND THELMA MCLEAN O.R. BOOK 1340, PAGES 1715 THRU f716 STRAP .~1 502~0~g. 0005~I$ POINT OF COMMENCMENT POINT OF BEGINNING RIGHT-OF-WAY .THIS LEGAL DESCRIPTION AND SKETCH PREPARED STA. 185+02.50 -'==::::::~-- Z ~ SCALE: I"= 80' LEGAL DESCRIPTION AND SKETCH SHEET 1 OF 2 DESCRIPTION: PARCEL 705-A CLIENT: COLLIER COUNTY TRANSPOR+ATION DIVISION REVISfON: "'Gf~'~GE-W~ ~HACK'NEY, P.S.M. NO. 5606 SCALE: l" = 8f.~. 0ATE: JAN. 6. 2004 DRAVVN BY: JAN PROJECT NO,: 8.315 ACAD NO:8672-SD22 FILE NO: 8672 AGENDAITEM NAR 23 200 Pg. ~"~ ,~. Page_~ of ~ SECTION 16, TOWNSHIP 50 .SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA LEGAL DESCRIPTION OF PARCEL 705-A ALL THAT PART OF THE SOUTH 1/2 OF THE SOUTH';~ES7 i/'4 OF SECTION 16, TOWNSHIP ,50 SOUTH, RANGE 26 EAST COLLIER COUNTv FLORIDA LYING NORTHERLY OF RATTLESNAKE HAMMOCK ROAD (C.R. 864) (100' R!OItT OF WAY) AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS; COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION !6; THENCE SOUTH 89'13'46" EAST ALONG THE SOUTH L~'.tE OF SAID SECTION 16 AND ALONG THE CENTERLINE OF RATTLESNAKE HAMMOCK ROAD (C.R. 864) A DISTANCE OF 89!.07 FEET; THENCE LEAVING SAID SOUTHERLY LINE AND LEAVING SA~D CENTERLINE NORTH 0'46'14" EAST A DISTANCE OF 50.00 FEET TO THE SOUTHWEST CORNER OF THE BOBBY C. AND THELMA MCLEAN PROPERTY AS RECORDED ~N OFFICIAL RECORDS BOOK 1340, PAGES 1715 AND 1716 PUBLIC RECORDS C'F COLLIER COUNTY, FLORIDA THENCE NORTH 0'05'46" WEST ALONG THE WEST LINE CF' THE AFORESAID MCLEAN PARCEL A DISTANCE OF 17.50 FEET TO THE eOhNT OF BEGINNING OF THE PARCEL HEREIN BEING DESCRIBED; THENCE CONTINUING NORTH 0'03'46" WEST ALONG SAiD WESTERLY LINE A DISTANCE OF 7.50 FEET; THENCE LEAVING SAID LINE SOUTH 89'15'46" EAST ALC. NG A LINE 25.00 FEET NORTHERLY OF AND PARALLEL WITH THE AF,..,REM_NT~ONED~ ~ r NORTHERLY RIGHT OF WAY LINE A DISTANCE OF 49.3.62 FEET TO THE EASTERLY LINE OF ]-HE AFORESAID MCLEAN PROPERTY; THENCE SOUTH 0'02'46" EAST ALONG SAiD EASTERLY LNE A DISTANCE OF 7.50 F==T, THENCE LEAV!NG SAID LINE NORTH 89'15'46" WEST ALONG A LiNE 17.50 FEET NORTHERLY OF AND PARALLEL WITH SAID NORTHERLY RIGHT OF WAY LiNE A DISTANCE OF 49.3.62 FEET TO THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED; CONTATN!NG 0.085 OF AN ACRE OF LAND MORE OR '___~,S,~" · FEE SIMPLE INTEREST LEGAL DESCRtPTION .AND SKETCH SHEET 2 CF 2 [HIS LEGAL DESCRIPTION AND SKETCH PREPARED BY: DESCRIPTION: PARCEL 705-A !ili. c,.,,,-,,,-,-: ==mm=.,'~'~'~ARBIgR & BY: ~-'OR(~ W.-H~.CKNi~"~, P.SM. NO. 5606 Profes~lona! engineer, p]a~er~, & lsnd ~umyon SCALE: N.T,~. 0ATE: JAN. 6. 200~, ~.. ¢..~ ~.n.z.~, ~e. ~.~-~ ~ ro.~ ~ ~ ~,e, (,*~-s~z~ DRAWN BY: dAN PROJECT NO.: 8315 c...m..~. ~ ..~..~.~ .o. ~a ~,~ .st ms .e, r~ (.~,)~.-,.,~ ACAO NO: 8672-S022 FILE NO: 8672 I AGENp~, ITEM No... /~ NAR 2 3 200 Pg._ ,~,~ L SECTION 16, TOWNSHIP 50 SOUTH, RANGE 26 EAST COLLIER PARC[L NO. 7o5-~ PROPERTY OWNER: aO~BY C. AND TNEI.MA MCLEAN REF[R[NCCL: O.R. 1,~40. PGS. T715-171§ STRAP NO.: 502616919.000.~816 BOBBY C. AND 7HELMA MCLEAN O.R. BOOK $34. PAGES 132 THRU 133 STRAP ~ 5026160210005816 TEMPORARY DRIVEWAY RESTORATION EASEMENT (DUt:~k11ON: 3 YEARS FROM COMMENCEMENT OF CONSTRUCTION) COUNTY, FLORIDA P,O.C. P.O,B. R.O.W. BOBBY C. AND THELMA MCLEAN O.R. BOOK 1340. PAGES 1715 THRU 1716 STT~AP I~ 5026~601g. 0005816 = POINT OF COMMENCMENT = POINT OF BEGINNING = RIGHT-OF-WAY SCALE: 1" = 80' LEGAL DESCRIPTION AND SKETCH SHEET 1 OF 2 rills LEGAL DESCRIPTION AND SKETCH PREPARED BY: DESCRIPTION: PARCEL 705-B CLIENT: COLLIER COUNTY TRANSPORTATION DIVISION 1/15/04 GEi~rGE~W. HA(~Ki'~, P.S.M. NO, 5606 2/6/04 SCALE: I" = 80' DATE:SEPT. 26. 2005 DRAWN BY: ~AN P~OJECT NO.: 8315 ACAD NO:8672-SD11 FILE NO: 8672 MAR 2 3 200 EXHIBIT Page ~...~ of SECTION 16, TOWNSHIP 50 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA LEGAL DESCRIPTION OF PARCEL 705-B ALL THAT PART OF THE SOUTH I/2 OF SECTION 16, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA BEING PART OF THE BOBBY C. AND THELMA MCLEAN PROPERTY LYING NORTHERLY OF RATTLESNAKE HAMMOCK ROAD (C.R. 864) AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS; COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 16; THENCE SOUTH 89'13'46" EAST ALONG THE SOUTH LINE OF SAID SECTION 16 AND THE SURVEY BASELINE OF SAID RATTLESNAKE HAMMOCX ROAD A DISTANCE OF 1!97.50 FEET; THENCE NORTH 0'46'14" EAST A DISTANCE OF 50.00 FEET TO THE NORTHERLY RIGHT OF WAY LINE OF SAID RATTLESNAKE HAMMOCK ROAD; THENCE CONTINUE NORTH 0'46'14" EAST A DISTANCE OF 25.00 FEET TO THE POINT OF BEGINNING OF THE PARCEL HERE~N BEING DESCRIBED; THENCE CONTINUE NORTH 0'46'14" EAST A DISTANCE OF 25.00 FEET; THENCE SOUTH 89'13'46" EAST ALONG A UNE 50.00 FEET NORTHERLY OF AND PARALLEL WITH SAID RIGHT OF WAY LINE A D!STANCE OF 96.00 FEET; THENCE LEAVING SAID LINE SOUTH 0'46'!4" WEST A DISTANCE OF 25.00 FEET; THENCE NORTH 89'15'46" WEST ALONG A LINE 25.00 FEET NORTHERLY OF AND PARALLEL rO SAID RIGHT OF WAY LINE A DISTANCE OF g6.00 FEET TO THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED; CONTAINING 2,400 SQUARE FEET OF LAND MORE OR LESS; TEMPORARY DRIVEWAY R~TORATION EASEMENT {13UlUlaTION: 3 YEARS FROM ~ OF CONSTRUCTION) LEGAL DESCRIPTION AND SKETCH SHEET 2 OF 2 THIS LEGAL DESCRIPT!ON AND SKETCH PREPARED BY: .... ii~ DESCRIPTION: PARCEL 705-B CLIENT: COLLIER COUNTY TRANSPORTATION DIVISION REVISION: t 1/15/04 GEORGE W. HACKLE , P.S.M. NO..6606 2/6/04 SCALE: N.T.$, DATE:SEPT. 26. 200_,3.. j DRAWN BY: ~,AN PROJECT NO.: t ACAD NO:8672-SD'f~l.1 FILE NO: 867_~ MAR 2 3 200~ EXHIBIT ~ Page ,.~,] of I0)-~- SECTION 21, TOWNSHIP 50 SOUTH, RANGE 26 EAST COLLIER PARCEL NO. PROPERTY OWNER: ~IAPLE$ RETIREblENT, lNG, REFERENCE: O.R. 9??, PGS. 404-40~i C~ TRAP NO.: 502ll21004,0005~21 BOBBY C,. AND THELMA MC'LEAN O.R. BOOK 354, PAGES 132 THRU 135 sTRAp t~ 502616021.0O05B16 8 COUNTY, FLORIDA TEMPORARY DRIVEWAY RESTORATION EASEMENT (DURATION: 3 YEARS FROM COMMENCEMENT OF CONSTRUCTION) SCALE: 1" = 80' P.O.C. P.O.B. R.O.W. BOBBY C. AND THELMA MCLEAN O,R. BOOK 1340, PAGES 1715 THRU 1718 STRAP I~ 502616019.0005~15 8 POINT OF COMMENCMENT POINT OF BEGINNING RIGHT-OF-WAY P.O.C. STA. f85+02.50 LEGAL DESCRIPTION AND SKETCH SHEET t OF 2 ,~,rhfS LEGAL DESCRIPTION AND SKETCH PREPARED BY: I P~fe~slonal engtneer~, planners, & land DESCRIPTION: PARCEL 706 CLIENT: COLLIER COUNT"( TRANSPORTATION OIVISION 1/15/04. BY: C'E.d¢[CE ~/.'HACKNE~ P.S.M, NO. 5606 SCALE: 1" = 80' DATE: OCT. 3. 2005 DRAWN BY: ¢.~1. PROJECT NO.: 8315 ACAD NO:8672-SD7 FiLE NO: 8672 i EXHIBIT ~ Page ,~? of I ~L~ ~ SECTION 21, TOWNSHIP ,_50 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA LEGAL DESCRIPTION OF PARCEL 706 ALL THAT PART OF THE NORTH 1/2 OF THE NORTHWEST 1,/4 OF' SECTION 21, TOWNSHIP .50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA BEING PART OF' THE NAPLES RETIREMENT, INC. PROPERTY AS RECORDED IN OFFICIAL RECORDS BOOK 977 PAGES 404 AND 405, LYING SOUTHERLY OF RATTLESNAKE HAMMOCK ROAD (C.R. 864) AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS; COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 21; THENCE SOUTH 89'15'46" EAST ALONG THE NORTH L;NE OF SAID SECTION AND THE SURVEY BASELINE OF SAID RATTLESNAKE HAMMOCK ROAD A DISTANCE OF 1211.50 FEET; THENCE SOUTH 0'46'14" WEST A DISTANCE OF 67..50 FEET TO THE SOUTHERLY RIGHT OF WAY UNE OF SAID RATTLESNAKE HAMMOCK ROAD AND THE POINT OF BEGINNING OF THE PARCEL HEREIN BEING DESCRIBED; THENCE CONTINUE SOUTH 0'46'14" WEST A DISTANCE OF 22.50 FEET; THENCE SOUTH 89'1.3'46" EAST ALONG A L!NE 22.50 FEET SOUTHERLY OF AND PARALLEL WITH SAID RIGHT OF WAY UNE A DISTANCE OF ,55.00 FEET; THENCE LEAVING SAID L!NE NORTH 0'46'14' EAST A DISTANCE OF 22.50 FEET TO SAID RIGHT OF WAY LINE; THENCE NORTH 89'13'46" WEST ALONG SAID RIGHT OF WAY LINE A DISTANCE OF 55.00 FEET TO THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED; CONTAINING 1,238 SQUARE FEET OF LAND MORE OR LESS; (DUP, AT~ON: 3_Y_1 ~,-~STRUcTION) LEGAL DESCRIPTION AND SKETCH SHEET 2 OF 2 fills LEGAL DESCRIPTION AND SKETCH PREPARED BY: DESCRIPTION: PARCEL 706 CLIENT: COLLIER COUNTY TRANSPORTATION DIV1SION ,,.wmmwwww'wJ~ARl~R & 1/15/04 'G~(~R~GE~W~'. ~ACKNJ~Y, .S.M. NO. 5606 P~ofe~lons[ engtneers, planners, & land s~yors SCALE: N.T.s. DATE: OCT. 3. 200-3 c,,n~, c,u~. ~ ~. 7~ r~ ~ ,~ ~,~ ~ ~ (~O~,~-~m DRA~ BY: ~AN PROJECT NO.: 8515 ACAD NO:8672--SD7 F~LE NO: 867~ m MAR 23 200/~ - j I EXHIBIT / Page~,~,~ of I~) SECTION 16, TOWNSHIP 50 SOUTH, RANGE 26 EAST COLLIER PARCEL NO..!o7 PROPERTY Ot4¢NER: ~OBI~¥ C. AND THELMA _MCLEAN REFERENCE: O,R. 334, PGS. 132-~35 . STRAP NO.: 502616021.0005816 AREA OF TAKE: 0.396 ACRES AREA OF REMAINOER: XXXX ACRES :1: SCALE: 1" = 80' COUNTY, FLORIDA SEE SHEET 2 OF $ MA TCHUNE P.O.C. P.O.B. = POINT OF COMMENCMENT P.o.c. ,/ = POINT OF BEGINNING STA. fa5+02.50 R.O.W. = RIGHT-OF-WAY I LEGAL DESCRIPTION AND SKETCH SHEET 1 OF 5 :THIS LEGAL DESCRIPTION AND SKETCH PREPARED BY: DESCRIPTION: PARCEL 107 CLIENT: COLLIER COUNTY [RANSPORTATION DIVISION REVISION: t ~ ~ 1/6/04 BY: O~OlifG~' ~'/~'HAcKNE~, P.S.M. NO. 5606 SCALE: 1" = P. LO~ DATE:SEPT. 26, DRAWN BY: JAN PROJECT NO.: 8.315 ACAD NO:8668-SDlO FILE NO: 8668_ MAR 2 3 200~ Pg. _..~ EXHIBIT Page.~..~ SECTION 16, TOWNSHIP 50 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA PARCEL NO. 107 PROPERTY OWNER: BOBBY C. AND I~ELMA MCLEAN REFERENCE: _O,R. 354, PGS. 132-1,33 S TRAI2 NO,: .50;~616021.0gOOB16 AREA OF TAKE: ~.396 ACR[~ I AREA OF REMAINDER: ,xxxx ACRES ~ I SCALE: 1" = I ~ I ~ ~o~o~'- -- I I FEE SIM~E I~E~ST I ~ I I MA TCHUNE S~ SHEET I OF 3 P.O.C. = POINT OF COMMENCMENT P.O.B. = POINT OF BEGINNING R.O.W. = RIGHT-OF-WAY LEGAL DESCRiPTiON AND SKETCH SHEET 2 OF 5 ~IS LEGAL DESCRIPTION AND SKETCH PREPARED BY: DESCRIPTION: PARCEL 107 Progesaloaal eni~eer~, pla~aem, · l~nd ~ur~ SCALE: I" = 80' DATE: SEPT. 26. 2~ c.~ ~ ~.~. ~ ~.~ ~ ~ ~.,. ~ ~s.o~ [~)~-~,u ORA~ BY: J~N PROJECT NO.: 8315 c~.~ .~,~.~ .~ ~ .s~ ~ u .. ~ (,~.s-a,s ACAD NOf~668-SO10A FILE NO: 8668 ~AR 2 3 200~, J pg.-:2¢ EXHIBIT Page of SECTION 16, TOWNSHIP 50 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA LEGAL DESCRIPTION OF PARCEL 107 ALL THAT PART OF THE SOUTH 1/2 OF THE SOUTHWEST 1/4 OF SECTION 16, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, LYING NORTHERLY OF RATTLESNAKE HAMMOCK ROAD (C.R. 864) (t00' RIGHT OF WAY) AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS; COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 16; THENCE SOUTH 89'1,3'46" EAST ALONG THE SOUTH LINE OF SAID SECTION 16 AND ALONG THE CENTERLINE OF RATTLESNAKE HAMMOCK ROAD (C.R. 864) A DISTANCE OF 1584.69 FEET; THENCE LEA'VlNG SAID SOUTHERLY L1NE AND LEAVING SAID CENTERLINE NORTH 0'46'14" EAST A DISTANCE OF 50.00 FEET TO THE SOUTHWEST CORNER OF THE BOBBY C. AND THELMA MCLEAN PROF'ERTY AS RECORDED IN OFFICIAL RECORDS BOOK ,3.34, PAGES 1`32 AND 1`3.3 PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA AND THE POINT OF BEGINNING OF THE PARCEL HEREIN BEING DESCRIBED; THENCE SOUTH 89'15'46" EAST ALONG THE SOUTHERLY LINE OF SAID MCLEAN PROPERTY AND ALONG THE NORTHERLY LINE OF SAID RATTLESNAKE HAMMOCK ROAD A DISTANCE OF 986.`35 FEET TO THE SOUTHEASTERLY CORNER OF THE AFOREMENTIONED MCLEAN PROPERTY; THENCE LEAVING SAID SOUTHERLY LINE AND LEAVING SAiD NORTHERLY LINE NORTH 0'06'40" WEST ALONG THE EASTERLY LINE OF THE AFOREMENTIONED MCLEAN PROPERTY A DISTANCE OF 17.50 FEET; THENCE LEA'~NG SAID EASTERLY LINE NORTH 89'13'46" WEST ALONG A UNE 17.50 FEET NORTHERLY OF AND PARALLEL TO THE AFORESAID NORTHERLY RIGHT OF WAY LINE A DISTANCE OF 986..3,3 FEET TO THE WESTERLY LINE OF THE AFOREMENTIONED MCLEAN PROPERTY; THENCE SOUTH 0'02'46" EAST ALONG THE WESTERLY LINE OF THE AFOREMENTIONED MCLEAN PROPERTY A DISTANCE OF 17.50 FEET TO ~'dE PO!NT OF BEG!NNING OF THE PARCEL HEREIN DESCRIBED; CONTAINING 0.596 ACRES OF LAND MORE OR LESS; FEE SIMPLE INTEREST LEGAL DESCRIPTION ,AND SKETCH SHEET 3 OF ,3 THIS LEGAL DESCRIPTION AND SKETCH PREPARED BY:IOESCRIPTION: PARCEl_ CLIENT: COLL!ER COUNTY TRANSPORTATION DIVISION REVISION: 1 BY:- OEO G ., , SCALE: N,T,S, DATE:SEPT. 26. 200.3 DRAWN BY: JAN PROJECT NO.: 8.315 ACAD NO:8668-SDIOA' FILE NO: 8668 MAR 2 3 200~ pg. z¢/O EXHIBIT / Page,~ .SEC TION COLLIER PARCEL NO. 707 PROPERTY OWNER: .BOe8¥ C. AND '~fELMA _MCLEAN REFERENCE: OR. 55~, PCS. 152-~3 STRAP NO.: ~02616021.oOO5816 AREA OF TAK~: ~.019 A~[S AREA OF REMAINDER: ~XXX A~ES ~ 16, TOWN'~HIP 50 SOUTH, RANGE COUNTY, FLORIDA -===::::~-- Z--c--z SCALE: I"= 80' TEMPORARY CONSTRUCTION EASEMENT (DURATION: 3 YEARS FROM COMMENCEMENT OF CONSTRUCTION) P.O.C. P.O.B. R.O.W. -- POINT OF COMMENCMENT = POINT OF BEGINNING = RIGHT-OF-WAY Lt 26 EAST P,O.C. / STA. 185+02.50 LEGAL DESCRIPTION AND %KETCH SHEET 1 OF 2 THiS LEGAL DESCRIPTION AND SKETCH PREPARED BY: DESCRIPTION: PARCEU 707- CUENT: COLLIER CO,UNTY TRANSPORTATij~ DI',ASION ~EV!SION: 'G~_~R~-E ¢. HACKNey. P.S.M. NO. 5606 SCALE: 1" = ~0' OATE: JAN. 6, 2004 ORAWN BY: JAN PROJECT NO.: 8,31.5 ACAD NO:_8672-SD25 FqLE NO: 8672 AGENp~J:[]EM MAR 2 3 200 . SECTION 16, TOWNSHIP 50 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA LEGAL DESCRIPTION OF PARCEL 707 ALL THAT PART OF THE SOUTH 1/2 OF THE SOUTHWEST !/4 OF' SECTION 16, TOWNSHIP 50 SOUTH, RANGE 26 EAST COLLIER COUNTY CL',O!?~OA LYING NORTHERLY OF RATTLESNAKE HAMMOCK ROAD (C.R. 864-) (100' RICk!,'. ()c- WAY) AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS; COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 16; THENCE SOUTH 89'13'46" EAST ALONG THE SOUTH LINE OF S&';D SECTION 16 AND ALONG THE CENTERLINE OF RATTLESNAKE HAMMOCK TOAD (C.R. 884) A DISTANCE OF 1.384-.69 FEET; THENCE LEAVING SAID SOUTHERLY LINE AND LEAVING S,~ID ~i[~NTERUNE NORTH 0'46'!4." EAST A DISTANCE OF .50.00 FEET TO THE SOUTHWEST CORNER OF THE BOBBY C. AND THELMA MCLEAN PROPERTY AS RECORDED h"l OFFICIAL RECORDS BOOK 334, PAGES 1,32 AND 1.3,3 PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE NORTH 0'02'46" WEST ALONG THE WESTERLY LINE 0~- SAID MCLEAN PROPERTY A DISTANCE OF 17.50 FEET TO THE POINT OF FZEGINi'dNG OF THE PARCEL HEREIN BEING DESCRIBED; THENCE CONTINUE NORTH 0'02'46" WEST ALONG SAID WESTERLY LINE A DISTANCE OF 7.50 FEET; THENCE LEAVING SAID LINE SOUTH 89'1.3'46" EAST ALONG A LINE 2~.00 FEET NORTHERLY OF AND PARALLEL WITH THE NORTHERLY RIGHT OF WAY LINE OF RATTLESNAKE HAMMOCK ROAD A DISTANCE OF 11.3.17 FEET; THENCE SOUTH 0'46'14" WEST A DISTANCE OF 7.50 FEE~- THENCE NORTH 8g'15'4.6' WEST ALONG A LINE 17.~0 FEEi' NORTHERLY OF AND PARALLEL WITH SAID NORTHERLY RIGHT OF WAY L!NE A D!STANCE OF 11,3.06 FEET TO THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED; CONTAINING O.O19 ACRES OF LAND MORE OR LESS; TEMPORARY CONSTRUCTION EASEMENT (DURATION: 3 YEARS FROM COMMENCEMENT OF CONSTRUCT]ON) LEGAL DESCRIPTION AND SKETC.H SHEET 2 OF 2 THIS LEGAL DESCRIPTION AND SKETCH PREPARED BY: - .... liB. DESCRIPTION: PARCEL 707 CLIENT: COLLIER COUNTY TRA~S-PORTATI~,I~IV1SION REVISION: SCALE: N.T.S. DATE: JAN. 6. 2004 DRAWN ~.' JAN PROJECT NO.: 8515 ACAD NO:8672-SD23 FILE NO', 8672 AGENJ~J~ J.TEM MAR 2 3 200 Po. EXHIBIT /J Page, ~ of /~ SECTION 16, TOWNSHIP 50 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA PARCEL NO. PROPERTY OWNER: BOBBY C. AND THEU,tA ~c~A. SE~ SHEET 2 OF 3 REFERENCE: O.R. 334, PCS. ~32-~33 MATCHUNE S~AP NO.: ~02616021,0005816 ~ ~ I I P.O.C. = POINT OF COMMENCMENT ~.o.c. P.O.B. = POINT OF BEGINNING sr~. ~85+o2.5o R.O.W. = RIGHT-OF-WAY LEGAL DESCRIPTION AND SKETCH SHEET 1 OF 5 mis LEGAL DESCRIPTION AND SKETCH PREPARE0 BY: DESCRIPTION: PARCEL 807 ]~NOU RE.SIoN:CLIENT: COLLIER COUNT¢2RANSPORTA~ON~~]DI~SION mmwmmm '~GE W. RACKNE~ P.S.M. NO. 5606 Pmre~loaal en~eers, planne~. ~ land s~yo~ SCALE: 1" : ~0' DATE: OCT. 6. 2003 HAR 2 3 2004 pg. EXHIBI~ /~ SECTION 16, TOWNSHIP 50 SOUTH, RANGE 26 EAST COLLIER PARCEL NO. 807 PROPERTY OWNER: _BOBBY C. ^ND THE;[.MA MCLEAN REFERENCE: 0.R. 534, PGS. 13~-133 STRAP NO.: ~02516021.00051~16 -.==::::::z~ Z SCALE: ~" = 80' COUN T'~ FLORIDA ~888 8 8 pERPE'fUAL, NON-EXCLUSIVE DRAINAGE EASEMENT P.O.C. P.O.B. R.O.W. = POINT OF COMMENCMENT = POINT OF BEGINNING = RIGHT-OF-WAY MA TCHUNE SEE SHEET 1 OF 3 LEGAL DESCRIPTION AND SKETCH SHEET 2 OF ,THIS LEGAL DESCRIPTION AND SKETCH PREPARED BY: DESCRIPTION: PARCEL 807 CLIENT: COLLIER COUNTY T~ANSPORTA'r]ON DIVISION 1/15/04 : GEORGE W. HAC~'N~E ,'~P.S.M. NO. 5606 SCALE: 1" = 80' DATE: OCT. 6. 2005 BRA~ BY: CAN PROJECT NO.:~ ACAD NO:86,72-SD12A FILE NO: 8672 AGENDA ITEM ,~o._ /~__~ MAR 2 3 200~ pg. /'7//'7/ Page.~_ of //x~ SECTION 16, TOWNSHIP 50 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA LEGAL DESCRIPTION OF PARCEL 807 ALL THAT PART OF SECTION 16, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIBA L'dNC NORTHERLY OF RATTLESNAKE ~'Ak'U,,4OCK ROAD (C.R. 864) (100' RIGHT OF WAY) AND BEING MORE PARTJCULARL'r 3ES(;RIBED AS FOLLOWS; COMMENCING AT THE SOUTHWEST CORNER OF SAID SECT:ON 16; THENCE SOUTH 89"13'46" EAST ALONG THE SOUTH LINE OF ,SAID SECTION 16 AND ALONG THE SURVEY BASELINE OF RATTLESNAKE HAMMOCK ROAD (C.R. 864 - 100' R.O.W.) A DISTANCE OF 1497.50 FEET; THENCE LEAVING SAID SOUTHERLY LINE AND LEAVING SAD BASELINE NORTH 0'46'14" EAST A DISTANCE OF 50.00 FEET TO THE NORBtERLY RIGHT OF WAY LINE OF SAID RATTLESNAKE HAMMOCK ROAD; THENCE CONTINUE NORTH 0'46'14" EAST A DISTANCE 0~ ;7.50 FEET TO THE POINT OF BEGINNING OF THE PARCEL HEREIN BEING 3LSCRE~ED; THENCE CONTINUE NORTH 0'46'14" EAST A DISTANCE OF 20.00 FEET; THENCE SOUTH 89'13'46" EAST ALONG A LINE .37.50 FEEF ,L;ORTHERLY OF AND PARALLEL WITH SAID RIGHT OF WAY LINE A DISTANCE CF 872.96 FEET TO THE EAST LINE OF THE BOBBY C. AND THELMA MCLEAN PROPERTY AS RECORDED IN OFFICIAL RECORDS BOOK 554, PAGES 152 AND !55 PUBLIC RECORDS OF COLLIER COUNTY FLORIDA; THENCE SOUTH 0'06'40" EAST ALONG SAID EAST LINE A DISTANCE OF 20.00 FEET; THENCE LEAVING SAID EASTERLY LtNE ALONG A LINE 1750 FEET NORTHERLY OF AND PARALLEL WITH SAID RIGHT OF WAY L!NE A D[STA',ICE OF 873.27 FEET TO THE POINT OF BEGINNING OF THE PARCEL HERE!N BEING DESCRBED; CONTAINING 0.401 OF AN ACRE OF LAND MORE OR LESS; ~ERPETUAL, NON-EXCLUS VF ORAJNAGE F--.ASEMEN'? THIS LEGAL DESCRIPTION AND SKETCH PREPARED BY: LEGAL DESCRIPTION AND SKETCH SHEET 5 OF 5 DESCRIPTION: PARCEL 807 CLIENT: COLLIER COUNTY TR~NSPCRTA'rlON O1VISY'ON 1/15/04 BY: ~EORGE W. HACKNFL.~P.S.'M. NO. 5606 qCALE' N,F;Si DATE: OCT, 6. 2005 ORAWN BY: JAN PROJECT NO.: 8315 ACAD NO:8_O72-SDL:2~A F;LE NO: 8672 MAR 2 3 200 pg. 9~l'- EXHIBIT /~ Page ,..~ of//')~ SECTION 21, TOWNSHIP 50 SOUTH, RANGE 26 EAST COLLIER PARCEL NO. 108 PROPERTY OWNER: LELY DEVELOPME,,NT CORP, REFERENCE: STRAP NO.: 50~621{302.0005B21 AREA OF TAKE: p.659 ACRES AREA OF REMAINOER: __x.xx ACR£S COUNTY, FLORIDA SEE SHEET 2 OF' 3 MA TCHLINE '-'=:::::::::~-- Z --<-~ SCALE: 1"= 80' P.O.C. P.O.B. R.O.W. FEE SIMPLE INTEREST POINT OF COMMENCMENT POINT OF BEGINNING RIGHT-OF-WAY ao.c. P~ STA, '185..t-02.50 LEGAL DESCRIPTION AND SKETCH SHEET t OF 3 ~.ZHIS LEGAL DESCRIPTION AND SKETCH PREPARED BY: t i NOLI uuuu RUNDAGE,~. DESCRIPTION: PARCEL 108 CLIENT: COLLIER COUNTY T~ANSPORTATiON DIVISION REVISION: I /~ ~ ~'""' ~/~/o~s¥: 'G~O~E~F HKCKNEY?P.S.M. NO. 5606 SCALE: 1" = ~' DATE:~EPT. 25. 2003 DRA~ BY: JA~ PROJECT NO,: 8~15 ACAD NO:~668-SD1 FILE NO: 8668 AGENDA ITEM No. NAR 2 3 200~ pg. EXHIBIT Page 3o9 of .SECTION 21, TOWNSHIP 50 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA PARCEL NO ~08 PROPERTY OWNER: LELY OEV~LOPMENT CORP. REFERENCE: STRAP NO.: 502621002.0005B.~1 AREA OF TAKE: 0,659 ACRES AREA OF REMAINOER: .X.XX ACRES + SCALE: 1" = 80' ...... ~.~ FEE SIM~E INTEREST MA T~UNE P.O.C. = POINT OF COMMENCMENT S~ SH~T f ~ J P.O.B. = POINT OF BEGINNING R.O,W. = RIGHT-OF-WAY LEGAL DESCRIPTION AND SKETCH SHEET 2 OF 3 THIS LEGAL DESC'RiPTION AND SKETCH PREPARED BY: DESCRIP~ON: PARCEL 108 ~iil~G~OU CLIENT: COLLIER COUNTY TRANSPORTA~ON DIVISION RE,SiON: ~RUNDAGE.~ CE~ ¢. ~CKNEY, P.S.M. NO. 5606 Pm~e~slosst en~tneem, pi~nne~. A land .u~yom SCALE: 1" = 60' DATE:SEPT. 25. 2003 ~ ..... ~~ ....... (m,t) ....... I DRAWN BY: JAN PROJECT NO.:_ 8315 c.~..~ ~ (~'>~"-~" ACAD NO:8668-S01A F~LE NO: 8668 AGENDA ITEM HAR 2 3 2006 EXHIBIT Page ,x~,~ of ~/~ SECTION 21, TOWNSHIP 50 SOUTH, ,~ANGE 26 EAST COLLIER COUNTY, FLO-,'DA LEGAL DESCRIPTION OF PARCEL ALL THAT PART OF THE NORTH 1/2 OF THE NORTHWEST i,/,~ C;' ?ECTION 21, TOWNSHIP 50 SOUTH, RANGE 26 EAST COLLIER COUNTY FL;.iRF, 4 O.-'FiNG MORE PARTICULARLY DESCRIBED AS FOLLOWS; THE NORTHERLY 27.50 FEET OF THE AFOREMENTIONED NORTH 1/2 OF SECTION 21 LYING SOUTHERLY OF RATTLESNAKE HAMMOCK ROAD (C.R. ~64} AND LYING EASTERLY OF THE NAPLES RETIREMENT, INC. PROP£RFT' AS DESCRIBED iN OFFICIAL RECORDS BOOK 977, PAGES 404 AND 405 PUBLIC RECORDS OF COLLIER COUNTY FLORIDA AND BEING FURTHER DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID SECT;O",I 21; THENCE SOUTH 89'13'46" EAST ALONG THE NORTHERLY LINE CF' .~AID SECTION 21 AND THE SURVEY BASELINE OF RATTLESNAKE HAMMOCK ROAD A Dl.':';i/',.iw;':E C.F 1594.62 FEET; THENCE LEAVING SAiD NORTHERLY LINE SOUTH 0'46"~4" WES~- A DISTANCE OF 50.00 FEET THE THE SOUTHERLY RIGHT OF WAY LiNE OF RATTLESNAP:E HF, M",4:JUK ROAD AND THE POINT OF BEGINNING OF THE PARCEL HEREIN BEING DESCR!BED; THENCE SOUTH 89'13'46" EAST ALONG SAID SOUTHERL¥ L~NE A t)iSTANCE OF 1049.24 FEET TO AN INTERSECTION WITH THE EASTERLY LINE OF SAID NORTHWEST 1/4 OF SAID SECTION 21; THENCE SOUTH 5'38'50" WEST ALONG SAID EASTERLY LINE A DISTANCE OF 27.53 FEET; THENCE LEAVING SAID EASTERLY LINE NORTH 89'13'46" WEST ALONG A LINE 27.50 FEET SOUTHERLY OF AND PARALLEL WITH THE AFOREMENTIONED SOUTHERLY RIGHT OF WAY UNE A DISTANCE OF 1058..33 FEET TO AN iNTERSECTION WITH THE EASTERLY LINE OF SAID NAPLES RETIREMENT, [NC. PROPERTY; THENCE NORTH 18'20'38'WEST ALONG SAID EASTERLY Lir'.~E A DISTANCE OF 29.10 FEET TO THE NORTHEASTERLY CORNER OF SA~D PROPERTY AN? -'!E n~.~,,,,,- OF BEGINNING OF THE PARCEL HEREIN DESCRIBED; CONTA!N1NO 0.659 ACRES OF L^ND MORE OR [.ESS; FEE SIMPLE INTEREST LEGAL DESCRIPTION AND SKETCH SHEET 5 OF 5 THIS LEGAL DESCRIPTION AND SKETCH PREPARED BY: ::::iii3 RUNDAGE Pro~sional enitneers, plannsrs. & land DESCRIPTION: PARCEL 108 CL',ENT: COLLIER COUNTY TRANSPORTATION DIVISION REVISION: ,../~ ~ A~K 12/~1/0..3 BY: , '~EOR~.E . C NE-Y, P.S.M. NO. 5606 SCALE:__ N.T.S. DATE:SEPT. 25. 20~,,~ DRAWN FJY: JAN PROJECT NO.: 8.315 ACAD NO:_8668-SOIA FILE NO: 8668 AGENQAJTEM NO.. /_,~/g MAR 2 3 200 Pg. (-/'(~ EXHIBIT SECTION 21, 1-OWN.SHIP .50 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA PARCEL NO. 8o8-^, 808-B & 808-(:: PROPERTY OWNER: ~L[LY OEV~LO~MENT CORP. REFERENCE: O.R. ~XXX, STRAP NO.: <==:::B-Z c::z 4 SCALE: 1" = 80' ~ P.O.T. P.O.C. P.O.B, R.O.W. POINT OF TERMINUS POINT OF COMMENCMENT POINT OF BEGINNING RIGHT-OF-WAY 7~ERPETUAL, NON-EXCLUS~F DRAINAGE EASEMENT LEGAL DESCRIPTION AND SKETCH SHEET 1 OF THIS LEGAL DESCRIPTION AND SKETCH PREPARED BY: SEE SHEET 2 OF ,5 MA TCHUNE SrA. 207+0L00 PARCEL DESCRIPTION: PARCELS 808'A, 808-B & ~08-C CLIENT: COLLIER COUN~TY TRANSPORTA'DON DIVISION REVISION: 12/11/05 IBY: 'GEORGE wl HACK, NEY, P.S.M. NO. 5606 SCALE: ] I' :=.__~ DAlE:OCT. 1. 2003 DRAWN BY: GWJ::I. PROJECT NO.: 8.315 ACAD N01.8_.6~.~-~'_01.~ FILE ,'t01 8672 AGENDA. IT. EM No._~~ MAR 2 3 200 EXHIBIT 4 Page_,_~ ~ of /F} x~ _1 SECTION 21, TOWNSHIP 60 SOUTH, RANGE COLLIER COUNTY, FLORIDA PARCEL NO. 808-A, 8OB~B, & 808-C PROPERTY OVVNER: LELY DEVELOPMENT CORP. 26 EAST REFERENCE: O.R. xxxx, PG. YYYY STRAP NOt ~O2621002.0005B21 SCALE: 7" = 80' d P.O.C. P.O,B. R.O.W. = POINT OF COMMENCMENT = POINT OF BEGINNING RIGHT-OF-WAY MATCHUNE SEES HEFT I OF 3 ~ERPETUAL, NON-EXCLU$1~/~~ DRAINAGE EASEMENT LEGAL DESCRIPTION AND SKETCH'. S. HEET 2 OF 5 1-HIS LEGAL DESCRIPTION AND SKETCH PREPARED BY: DESCRIPTION: PARCELS 806-A, 808--B ,~ 608-C CLIENT: COLLIER COUNTY TRANSPORTATION DIVISION REVISION: I ] 12/tl/03 'GEORGE W.TH-AC'~J~EY, P.S:M. NO. 5606 SCALE: 1" = 60' DATE:~_~'~. 1. 200.3 DRAWN BY: (~yC] PROJECT NO.: 8315 ACAD NO:8_672--SD1A, F!LE NO: 8672 MAR 2 3 200 pg. EXHIBIT SECTION 21, TOWNSHIP 50 SOUTH, RANGE 26 EAST COLLIER COUNTY, ~' , L._ORIDA LEGAL DESCRIPTION OF PARCELS 808-A, 808-B 84 808-C ALL THAT PART OF THE NORTH 1/2 OF THE NORTH'WES] !/4 OF SECTION 21, TOWNSHIP 50 SOUTH, RANGE 26 EAST COLLIER COUNTY ~-L~RiDA LYING SOUTHERLY OF RATTLESNAKE HAMMOCK ROAD (C.R. 864) (100' RIGHT OF WAY) AND BEING MORE PARFICULARLY DESCRIBED IN THREE SEPARATE PARCELS AS FOLLOWS; PARCEL 808-A COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 2: SAID CORNER ALSO BEING STATION 185+02.50 OF THE CENTERLINE OF THE RATTLESNAKE HAMMOCK ROAD RIGHT OF WAY; THENCE SOUTH 89'!5'46' EAST ALONG THE NORTHERL( I.,NE 0;' SAID SECTION AND ALONG SAID CENTERLINE A DISTANCE OF 2044.00 FEET ~0 STATION 205+4-6.50; THENCE LEAVING SAID SECTION LINE AND LEAVING SA~D CENTERUNE SOUTH 0'46'14-" WEST A DISTANCE OF 77.50 FEET TO THE POiNT O-r:' BEGINNING OF THE CENTERLINE OF A DRAINAGE EASEMENT LYING 28.50 'FEE- ,.")N EACH SIDE OF SAID CENTERLINE BEING MORE PARTICULARLY DESCRIBED AS FCrLD'.'VS; THENCE CONTINUE SOUTH 0'46'14" WEST A DISTANCE FF ~'7,.5C' FEET TO THE POINT OF TERMINUS; CONTAINING 2251 SQUARE FEET OF LAND MORE OR LESS; AND ~ARCEL 808-B COMMENCING AT }-HE NORTHWEST CORNER OF SAiD SECTICN 2* SAID CORNER Al_SO BEING STATION 785+02.50 0c THE CENTERUNE OF ]~E RATTLESNAKE HAMMOCK ROAD RIGHT OF WAY; THENCE SOUTH 89'13'46' EAST ALONG THE NORTHERLY LINE OF SAiB SECTION AND ALONG SAID CENTERLtNE A D~STANCE OF' 2198.50 FEET TO S'ATION 207+01.00; THENCE LEAVING SAID SECTICN LTqE AND LEAVING qA~n ~'F,j~PL~NE SOUTH 0'45'14-" WEST A DISTANCE OF 77.50 FEET TO THE PO:'JT OF-BEGINNING OF THE CENTERLINE OF A DRAINAGE EASEMENT LYING 45.00 FEET ON EACH SIDE OF SAID CENTERLINE BEING MORE PART'CULARLY DESCRIBED AS cO! LOWS; THENCE CONT!NUE SOUTH 0'46'*,:t" WEST A DISTANCE CF ~9.50 FEET TO THE POINT CF TERMINUS; CONTAINING 5397 SQUARE FEET OF LAND MORE C'R LESS; AND PARCEL 808-C COMMENCING AT THE NORTH I/4 CORNER OF SAID SECT, ON 2!; THENCE SOUTH 5'~8'~0" ',',,'EST ALONG THE EASTERL¥ L'.NE ~?c- Tt~E NORTHWEST t/4 OF SAiD SECTION 21 A OISTANCE OF .50.07 FEET TO 'rile SOUTHERLY RIGHT OF WAY LINE OF THE AFORESAID RATTLESNAKE HAMMOCK ROAD; THENCE CONTINUE SOUTH 3'38'.30" WEST ALONG S.~;D F. AST~:q!.'.¢ LiNE A DISTANCE OF 27.5.3 FEET TO THE PO!NT OF BEGINNING OF T}~E P~,~(-EL HEREIN BEING DESCRIBED; THENCE CONTINUE SOUTH 5'.38'50" WEST ALONG SAID EASTERLY LINE A DISTANCE OF 59.55 FEET; THENCE LEAVING SAID EASTERLY LINE NORTH 89'15',46" WEST A DISTANCE OF 89.00 FEET; THENCE NORTH 20'17'11" EAST A DISTANCE OF 4!.9~ FEE] TO AN INTERSECTION WITH A LINE 27.50 FEET SOUTHERLY OF AND PARALLEL 'filTH THE AFOREMENTIONED SOUTHERLY RIGHT OF WAY LINE OF RATTLESNAKE HAMMOCK ROAD; THENCE SOUTH 89'15'46" EAST ALONG SAiD SOUTHERLY LiNE A DISTANCE OF 76.98 FEET TO AN INTERSECTION WiTH THE AFORESAID EASTERLY LiNE AND THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED; CONTAINING d278 SQUARE FEET OF LAND MORE OR LESS; PERPETUAL, NON-EXCLUSIVE DRAINAGE EASEMENT LEGAL DESCRiPTiON AND SKETCH SHEET ,3 OF ,3 T~r~fS LEGAL DESCRIPTION AND SKETCH PREPARED BY: iiiii!3,¢... ,, Professional enllneers, planners, & land OESCRIPT;ON: PARCEL 808-A, 8OB~B & 808-C CUE,'r: COLUE, REVISION: '"GI~:ORGE W'H,.~"~'~EY, P.S:',J. NO. 5606 SCALE: N.T.S,. I~ATE':OCT. 1. 2003 DRAWN 8';?, GTM PROdECT NO.: 8515 ACAD NO:B672~SD1A. FlEE NOt 8672 AGENDA ITEM No., ,/ MAR 2 3 200 pg. ,.~']' / EXHIBIT Page," ? .~EC TION 16, TO WNSHIP 50 SOU TH, COLLIER COUNTY, FLORIDA PARCEL NO. PROPERTY' OWNER: TREVA KAY REFERENCE: _0..~. 2513, Pg. 2542 STRAP NO.: §02616022.0005~H6 AREA OF TAKE: AREA OF' REMAINDER: X.XX ACRES RANGE 26 EAST SCALE: 1" = 80' FEE SIMPLE INTEREST P.O.C. P.O.B. R.O.W. = POINT OF COMMENCMENT = POINT OF BEGINNING = RIGHT-OF-WAY P,O.C. , STA. 185+02.50 t LEGAL DESCRIPTTON AND SKETCH SHEET 1 OF 2 FHIS LEGAL DESCRIPTION AND SKETCH PREPARED BY: DESCRIPTION: PARCEL 109 CLIENT; COLLIER COUNTY TRANSPORTATION/~OIVISION 1/15/O4 PSM NO 5606 SCALE: 1" = 80' DATE:SEPT. 26. 200,.3 DRAWN BY: J~././~ PROJECT NO.: 8.315 ACAD NO:8_668-SD11 FILE NO: 8668 MAR 2 3 200~ SECTION 16, TOWNSHIP 50 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA LEGAL DESCRIPTION OF PARCEL 109 ALL THAT PART OF THE SOUTH 1/2 OF THE SOUTHWEST 1/4 OF SECTION 16, TOWNSHIp $0 SOUTH, RANGE 26 EAST COLL!ER COUNTY FLORIDA LYING NORTHERLY OF RATTLESNAKE HAMMOCK ROAD (C.R. 864) (100' RIGHT OF WAY) AND ~E~NG MORE PARTICULARLY DESCRIBED ~S FOLLOWS; COMMENCING AT THE SOUTHWEST CORNER OF %A~O SEC~ON 16; THENCE SOUTH 89'i3'~6" EAST ~LONG THE SOU~H LINE OF SA~D SECTION AND ALONG THE CENTERLINE OF RATTLESNAKE HAMMOCK ROAD (C.~. 8~) DISTANCE OF 2371.0~ FEET; THENCE LEAWNO SAI~ ~OUT~E~LY LINE AND LEAVING SAID CEN~RLINE NOR~ 0'~6'1~~ EAST A DISTANCE OF ~000 FEET TO THE ~OUTH~$T CORNER OF THE TREVA K. MCLEAN PROPERTY A~ RECORDED IN OFFiCiaL ~ECORD~ BOOK PAGE 25~2, PU~LiC RECORD~ 0F COLLIER COUNTY, FLORIDA AND EHE POINT OF BEGINNING OF THE PARCEL HERE~N BEING DESCRibED; THENCE SOUTH 89'13'46" EAST ALONG TH'E SOUTHERLY LINE OF SAID TREMA MCLEAN PROPERTY AND ALONG THE NORTHERLY LNE OF SAID RATTLESNAKE HAMMOCK ROAD A DISTANCE OF 274.42 FEET TO THE SOUTHEASTERLY CORNER OF THE AFOREMENTIONED TREV~ K. MCLEAN PROPERTY; THENCE LEAVING SAID .SOUTHERLY LINE AND LEAVING SAID NORTHERLY L~NE NORTH 0'16'19" WEST ALONG THE EASTERLY LINE OF THE AFOREMEN~ONED TREVA K. MCLEAN PROPERTY A DISTANCE OF 1750 FEET; TNENCE LEAVING SAID EASTERLY LINE NORTH 89'~3'46" ~ST ALONG A LINE ~7.50 FEET NORTHERLY OF AND PARALLEL '~TH THE AFORESAID NORTHERLY RIGHT OF WAY LP~E A DISTANCE CF 274.57 FEET TO THE WESTERLY LINE OF SAID THE AFOREMENTIONED TREVA K. MCLEAN PROPERTY; THENCE SOUTH. 0'06'40" EAST ALONG SAID WESTERLY UNE A DISTANCE OF ~7.50 FEET TO TNE POINT OF BEGINNING 0~ THE PARCEL HERE~N DESCRIBED; CONTAINING 0.110 ACRES OF LAND MORE OR LESS; FEE SIMPLE INTEREST LEGAL DESCRIPTION AND SKETCH SHEET 2 OF 2 THIS LEGAL DESCRIPTION AND SKETCH PREPARED BY: DESCRIP~ON: PARCEL 109 i~ii~NO' RE~S:'oN:CLIENT: COLLIER COUNTY TRANSPORTATION. . _.' DI~SION mmme~ARBER ~ BY: · mmmmm~ ~/15/0~ ~EORG~: HACKNEY, P.S.M. NO. 5606 mmm. U~DAG~,~. Pro~e~ionel eng~ee~, Fla~e~, & ],nd sur~yo~ SCALE: N.T.$, DA~:SEPT. 26. 2003 ~. c.~ ~ ~*~. l,. ~.~ ~..~ ~.~ ~. ~ ~,,, t,~,)~-~l~ DRAWN BY: JAN PROJECT NO.: 831 c,~.~ ~ *.~.u~ ,.. ~ s,,* .m..~ ~ ('~')~""-~ ACAD NO: 866~SD; 1 FILE NO: 8668 MAR 2 3 200A, Pg. ~,~ ...~ EXHIBIT _1 SECTION 16, PARCEL NO. PROPERTY' OWNER: TREVA KAY R-~F'ER£NC'~: O.R. 251.]. PG. 2542 STRAP NO.: 5026~602:~000~1~16 P.O.C. P.O.8. R.O.W. TOWNSHIP 50 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLOR/DA SCALE: 1"= 80' PERPETUAL, NON-EXCLUSIVE DRAINAGE EASEMENT POINT OF COMMENCMENT POINT OF BEGINNING STA. ~85+02.50 = RIGHT-OF-WAY LEGAL DESCRIPT!CN ,AND SKETCH SHEET 1 OF 2 ~ FHIS LEGAL DESCRIPTION AND SKETCH PREPARED BY: DESCRIPTION: PARCEL 809 CLIENT: COLLIER COUNTY TRaNSPORTATiON DIVISION 1/15/04 Cr~OR.~E W. HACKNI~'Y, P.S.M. NO. 5606 SCALE: 1" = ~lC}' DATE: OCT. 6. 2005 DRAWN BY: .jAN PROJECT NO.: 8315 ACAD NO:8672-SD!5 FILE NO: 8672 AGENp~I~TEM HAR 2 3 200 1 EXHIBIT .~ Page__~ of t0W SECTION 16. TOWNSHIP 50 SOUTH. RANGE 26 EAST COLLIER COUNTY, FLORIDA LEGAL DESCRIPTION OF PARCEL 809 ALL THAT PART OF THE SOUTHWEST 1/4 OF SECTION 16, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA LYING NORTHERLY OF RATTLESNAKE HAMMOCK ROAD (C.R. 864) (t00' RIGHT OF WAY) AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTH !/4 CORNER OF SAID SECTION 16; THENCE NORTH 0'16'19" WEST ALONG THE EASTERLY UNE OF SAID SOUTHWEST 1/4 A DISTANCE OF 50.01 FEET TO THE NORTHERLY RIGHT OF WAY LINE OF SAID RATTLESNAKE HAMMOCK ROAD; THENCE CONTINUE NORTH 0'16'19" WEST ALONG SAID EASTERLY LINE A DISTANCE OF 17.50 FEET TO THE POINT OF BEGINNING OF THE PARCEL HEREIN BE!NO DESCRIBED; THENCE CONTINUING ALONG SAID EASTERLY LINE NORTH 0'16'19" WEST A DISTANCE OF 20.00 FEET; THENCE LEAViNG SAID EASTERLY LINE NORTH 89'15'46" '/VEST ALONG A LINE `37.50 FEET NORTHERLY OF AND PARALLEL WITH SAID RIGHT OF WAY LINE A DISTANCE OF 274.,32 FEET TO THE WESTERLY LINE OF THE TREVA KAY MCLEAN PROPERTY AS RECORDED IN OFFICIAL RECORDS BOOK 2515 PAGE 2542 PUBLIC RECORDS OF COLLIER COUNTY FLOR!DA: THENCE LEAViNG SAID LINE ALONG SAID WESTERLY LINE SOUTH 0'06'40" EAST A DISTANCE OF 20.00 FEET; THENCE LEAVING SAID WESTERLY LINE SOUTH 89'15'46" EAST ALONG A LINE 17.50 FEET NORTHERLY OF AND PARALLEL TO SA'D RIGHT OF WAY A DISTANCE OF 274.57 FEET TO THE POINT OF BEOINN!NG OF THE PARCEL HEREIN DESCRIBED; CONTAINING 5,487 SQUARE FEET OF LAND MORE OR LESS; ~ERPET'UAL NON-EXCLUS~V~ DRAINAGE LEGAL DESCRIPTION AND SKETCH SHEET 2 OF 2 THIS LEGAL DESCRIPTION AND SKETCH PREPARED BY: DESCRIPTION: PARCEL 809 iiii~GNO~ CLIENT: COLLIER COUNTY TRANSPORTAT,ON DIVISION I.:I.-'-.'B,,,,, !!""i."".""i3, u ,,,~, .... Profe~lonal engineers, plm~ners, & land st~,~eyor~ SCALE: N,T.$, DATE: OCT. 6. 20_~_.~ ~. c~. ~. ~.~. ~ e~..,,~ ~..~ ~o,* ~..,, .,o~ DRAWN BY: J~N: PROJECT NO.: 8518 c.*m.,*, ,~ ,.t~.,~,J.u~ .,,. ~ ~.~ .~. ~ ~,.: I~,~)~-.o~ ACAO NO: 8672-SD1.3 FILE NOi 8672 AGENDA ITEM No.~ /,,~/~ MAR' 2-3 21)0~ EXHIBIT Page SEC TION 21, TOWNSHIP 60 SOUTH, RANGE 26 EAST COLLIER PARCEL NO. 11o PROPERTY OWNER: ASSOCIATED REAL ESTATE SW IN(~, REF£RENC~: O.R.H.~4, PGS, 936 - 93~ STRAP NO.: 502e2100t.OOOSB~l AREA OF TAKE: t66~ ~CRES AREA OF REMAINOER: ~XX A~[S ~ COUNTY, FLORIDA SEE SHEET 2 OF' 5 MA TCHUNE SCALE: 1" = 80' FEE SIMPLE INTEREST P.O.C. P.O.B. R.O.W. 'IRE'VA KAY MCLEAN OoR. BOOK 2515, PAGE 2542 STRAP $ 5026~6022.0005~J16 = POINT OF COMMENCMENT = POINT OF BEGINNING = RIGHT-OF-WAY LEGAL DESCRIPTIOH AND SKE'fCH SHEET 1 OF 5 THIS LEGAL DESCRIPTION AND SKETCH PREPARED BY: DESCRIPTION: PARCEL 110 CLIENT: COLLIER COUNTY TRANSPORTATION DIVISION REVISION: .:.~ '7 12/11/03 %F_'¥'~ W.-HA(~Kh~Y, P.S.M. NO. 5606 1/20/04 SCALE:.~_t..~_= ~O' DATE:S~EPT. 25. 2003 DRAWN BY: ,~AN_ PROJECT NO.: 8315 ACAD NO: 6~68-SD2_ FILE NO: 8668 MAR 2 3 200q Pg.,, EXHIBIT SECTION 21, TOWNSHIP 50 SOUTH, RANGE 26 EAST COLLIER COUNTY, FI_OPIDA PARCEL NO. 110 PROPERTY OWNER: AS_~SOCIATED REAL ESTAI[SEE SHEET $ OF 5 .sw ~.c. MA TCHUNE SHADOWOOO VILLAS STRAP NO.: 502621001.0005821 PAGES ~ 'i'HRU 87 AREA OF TAKE: 1._~4 ACRES AREA OF REMAINDER: x._~xx ^CR£S ~- ~ACT 'A' PARKERS HAMMO~ ROAD O.R. B~ 1072, PA~ 1518 ~ CRAIG AND GL~A PERLO'~f,'~ ~ O.R. BOOK 3134, PA~ 2054 ; ~ ~ , ~ ~ · FEE SIM~E ..... ~ om~ INTEREST ~ ~ ~ ~ ' MA ~HUNE P.O.C. = POINT OF COMMENCMENT P.O,B, = POINT OF ~EGINNiNG SEE ~EET 1 OF 5 R.O.W, = RIGHT-OF-WAY LEGAL DEgCR~P~[ON AND SKETCH SHEET 2 OF 5 THIS LEGAL DESCEIP~ON AND SKETCH PREPARED BY: DESCRIPTION: PARCEL ~10 CLIENT: COLLIER COUNTY T~NSPORTA~ DI~SION IIIaI~RU~AOE,~ ,EO YE W. HAC~Y, P.S.M. NO. 5606 Profe~ioaal enE~eers, pls~ers, & tend s~eyom 1/20/04 SCALE: I" = 80t DATE: SEPT. 25. 2~ AGENDA ITEM MAR 2 3 20l Pg' ¢'7 EXHIBIT. Page.~.5 of I~ SECTION COLLIER PARCEL NO. 1to PROPERTY OWNER: ASSOCIATED REAL ESTATE SW REFERENCE: O.R. 1134. PGS, 956 - 938 STRAP NO.: 502621001.0005~1 AREA OF TAKE: 1.664 ACRES AREA OF REMAINDER: X.XX ACR[~ ~ SCALE: 1" = 80' 21, TOWNSHIP 50 SOUTH, RANGE 26 COUNTY, FLORIDA FEE SIMPLE iNTEREST § L4 I SEE SHEET 4 OF' 5 MA TCHUNE EAST P.O.C. P.O.B. R.O.W. POINT OF COMMENCMENT POINT OF BEGINNING RIGHT-OF-WAY MA TCHUNE SEE SHEET 2 OF' 5 LEGAL DESCRIPTION AND SKETCH SHEET ,3 OF 5 THIS LEGAL DESCRIPTION AND SKETCH PREPARED BY: iiiii ,o DESCRIPTION: PARCEL 110 CLIENT: COLLIER COUNTY TR'~NSPORTATION DISISION REVISION: 1/20/04 SCALE: 1" = 80' DATE:~EPT. 25. 2003 DRA~ BY: ¢~N PROJECT NO.: 8315 ACAD NO:8668-SD2~ FiLE NO: 8668 AGENDA ITEM NO.. MAR EXHIBIT /q Pal~ of SECTION 21, TOWNSHIP 50 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA PARCEL NO...UO PROPERTY OWNER: _ASSOCIATED REAL F. STAI'~ sw mNc. I I ~ STRAP NO · 502621~1 ~5B21 ~% ~ ~ I ~~' ~ t AREA OF REMAINDER: ~.xx ACRES * %~ [ ~ ~ I .~ ~ m < ~ .. - . ~ ~O~ . 8~ ~ ~ ~ ~ ){ I ~ $l 'l ~ ~ ~, _. ~ ---~----~~ FEE SIM~E ~8~ ~ i~m~l ~ ~ ~ ~ ~ ~ I~EREST ~ ~ I~1~: ~ ~ I [ [ { [ P.OmC. = POINT OF COMMENCMENT MATCHUNE P.O.B. = POINT OF BEGINNING S~ SHEET 3 ~ 5 R.O.W. = RIGHT-OF-WAY LEGAL DESCRIPTION AND SKETCH SHEET THiS LEGAL DESCRIPTION AND SKETCH PREPARED BY: ~ DESCRIPTION: PARCEL 110 ~GNOM CUENT: COLLIER COUNTY TRANSPORTt?O~ DIVISION .....llllmlllllll[[uNDACEll 12/11/O3 ~CE W. ~ACK~Y, P.S.M. NO, 5606 Profe,slonal en~iueers, planne~. & lend ,ur~yors 1/20/04 __ SCALE: 1" = ~ DATE:~EPT. 25. 2003 C'~) ~ J'~')l) "Il. ) '[ "~ Bm Se" ~ (,4:),..-,,., ACAD NO: 8668-S~ FILE NO: 8668 AGENDA ITEM No. MAR 2 3 2~ Po.., Page~ of I0~ SECTION 21, TOWNSHIP 50 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA LEGAL DESCRIPTION OF PARCEL ALL THAT PART OF THE NORTH 1/2 OF THE NORTHEAST /4 OF SECTION 21, TOWNSHIP 50 SOUTH, RANGE 26 EAST COLLIFR COUNTY FLORIDA LYING SOUTHERLY OF RATTLESNAKE HAMMOCK ROAD (C.R. 864) (100' RIGHT ElF WAY) AND BEING MORE mART!CULARLY DESCRIBED AS FOLLOWS; COMMENCING AT THE NORTH QUARTER CORNER OF SAID '3ECT:ON 21; THENCE SOUTH 3'.38'50" WEST ALONG THE WESTERLY LINE OF SAID NORTHEAST 1/ 4 OF SECTION 21 A DISTANCE OF ,50.07 FEET TO THE SOUTHERLY RIGHT OF WAY LINE OF RATTLESNAKE HAMMOCK ROAD (C.R. 864 - 100' RCW) AND THE POINT'OF BEGINNING OF THE PARCEL HEREIN BEING DESCRIBED; THENCE SOUTH 89'15'45" EAST ALONG SAID SOUTHERLY RI{;HT OF WAY LINE A DISTANCE OF 2422.84 FEET; THENCE LEAVING SAID SOUTHERLY RIGHT OF WAY LINE SOUTH 0'44'15" WEST ALONG THE WESTERLY BOUNDARY OF A PROPOSED RIGHT OF ,¥AY AND DETENTION POND A DISTANCE OF 27.50 FEET TO THE BEGINNING OF' A NON TANGENT CURVE CONCAVE SOUTHEASTERLY AND WHOSE RADIUS BEARS SOUTH 0'47'51" WEST A DISTANCE OF 25.00 FEET; THENCE WESTERLY AND SOUTHWESTERLY ALONG THE ARC OF SAID CURVE AND ALONG SAID WESTERLY BOUNDARY THROUGH A CENTRAL ANGLE OF 55'59'55" AN ARC DISTANCE OF 24.45 FEET TO AN INTERSECTION WITH A LiNE 58.50 FEET SOUTHERLY OF AND PARALLEL WiTH THE AFOREMENTIONED SOUTHERLY RIGHT OF WAY LINE: THENCE NORTH 89'15'45" WEST ALONG SAID LINE A DISTANCE OF 500.16 FEET; THENCE LEAVING SAID LINE NORTH 75'58'.31" WEST A DISTANCE OF 46.71 FEET; THENCE NORTH 89'15'45" WEST ALONG A LINE 27.50 FEET SOUTHERLY OF AND PARALLEL WITH SAID RIGHT OF WAY LiNE A DISTANCE OF 1857.94 FEET TO AN INTERSECTION WITH THE AFOREMENTIONED WESTERLY LINE OF SAID NORTHEAST 1/4 OF SAID SECTION 2!; THENCE NORTH 5'28'50" EAST ALONG SAID WESTERLY !_!NE A DISTANCE OF 27.55 FEET TO THE POINT OF BEGINNING OF THE PARCEL HERE~N DESCRIBED; CONTAINING 1.664 ACRES OF LAND MORE OR LESS; AGNOLI, BARBER AND BRUNDAGE, INC. PROFESSIONAL ENGINEERS, PLANNERS & SURVEYORS AND MAPPERS. FEE SIMPLE INTEREST LEGAL DESCRIPT!Chl AND SKETCH SHEET 5 OF 5 THIS LEGAL DESCRIPTION AND SKETCH PREPARED BY: DESCRIPTION: PARCEL 110 CLIENT: COLLIER COUNTY TRA~$~O~TAllON REVISION: ~2/~1/o3 /20/04 ~EO~'GE W' ~H.~NN~¥ ~:S.M. NO. 5606 SCALE: N.~.S. DATE:SEPT. 25. 2003 DRAWN BY: ' ,JAN PROJECT NO.: 8~1'5 ACAD NO:8~§a-SD2C' FILE NO: 8668 AGENDg, ITEM No. ,/_,~ MAR 2 3 pg. b<"~ EXHIBIT SECTION 21, TOWNSHIP 50 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA PARCEL NO. 71~.~^ PROPERTY OWNER: _ASSOCIAI~_D REAL ESTATE _ s~. ~c, ~A TCHUN~ - SHADO~OD ~L~S ~ .... REFERENCE: O~R. 1134, POS. 936-938 P~T BO~ 23, ', j J ~FRAP NO.: 502621_ 001 000~21 PAGES 86 ~RU 87 ~o= ~ ~s~ ~ / r PARK~S HAUMO~ ~0~ SCALE: 1" = 80' (60' ~DE, IN~E~ / O.R. BOOK 1072, TEMP~y CONSTR~ ~EME~~ ~OMMENCEMENT OF CONS~UCTION) ~ ~' ~ ~ O.R. BOOK 3134, PAGE 2054 _ _ -~ - -~ ~' . I ~ · P.O.C. = POINT OF COMMENCMENT S~ SHEET t P.O.B. = POINT OF BEGINNING MACHINE R.O.W. = RIGHT-OF-WAY LEGAL DESCRIPTION AND SKETCH SHEET 2 OF 5 THIS LEGAL DESCRIPTION AND SKETCH PREPARED BY: OESCRIP~ON: PARCEL 710-A · mmmBi 12/11/o~ mmmmmJ~gNg~g~,~,mmmmmm 'GEO~-W. HACKNEY, P.S.U. NO. 5608 Prolessionei e~g~ee~, pJaa~e~, ~ [aDd s~Te~rs ~ SCALE: 1" = 80' DATE: OCT. 2. 2003 ~. c.~ ~. ~. t.s m~ ~ r~ ~.,. ~ ~,o~ (,,L).~-~.~ DRAWN BY: JAN PROJECT NO.: 8315 ~.~n... ~ *~.u....,, ~ .. ~ n ~e~ ~0, (,4:)~.-~ ACAO NO: 8672-SD2A FILE NO: 8672 AGENDA ITEM MAR 2 EXHIBIT Page ~'of SECTION 21, COLLIER PARCEL NO. 71O-A PROPERTY OWNER: A$$OOA?~O REAL ESTAT~ ~w, REFERENCE: O,R, 1134, Pg$, 936-958 STRAP NO,: 5026210Qi.QQO§B;~l SCALE: 1" = 80' TEMPORARY CONSTRUCTION EASEMENT (DURATION: 3 YEARS FROM COMMENCEMENT OF CONSTRUCTION) P.O.C. P.O.B. R.O.W. TOWNSHIP 50 SOUTH, RANGE 26 EAST COUNTY FLORIDA POINT OF COMMENCMENT POINT OF BEGINNING RIGHT-OF-WAY SEE SHEET 4 OF 5 MA TCHLINE MA TCHLINE SEE SHEET 2 OF 5 LEGAL DESCRIPTION AND SKETCH SHEET 5 OF 5 THiS LEGAL DESCRIPTION AND SKETCH PREPARED BY: IiiiiiI3 .... ,, Pro~es.lomal enlkeers, planner~, & I&n~ DESCRIPTION: PARCEL 710-A '..:-if ~ . '. ~ C'~-~I~-~ C--'~g'N-~ T~N'~'~.~Rtr~'TION--DISI$10N REVISION: '~EORGE!'W~'.iHAOI~R'EY, P,S.M. NO. 5606 SCALE: 1" = 80' . OAT~J: .OCT. 2. 2005 DRATM BY: ' ! ~J/~N~ PROJECT NO.: 8~15 ACAD NO,. ~672-rSO2B~ :FILE NO: 8672 AGEN0.A LTEM No /~,~' 2 3 200 Pg._ ~'.~..- EXHIBIt_ TEMPORARY CONSTRUCTION EASEMENT (DURATION: 3 YEARS FROM COMMENCEMENT OF CONSTRUCTION) SECTION 21, TOWNSHIP 50 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA PARC£L NO. 710-^ PROPERTY OWNER: ASSOC~AllED REAL ESTATE ~w, ~NC. ' . ,-~, I / . ~-'~ / _,~ ~ ~ ~' / I~1~. ~ ~ . u~ ~ . P.O.C. = POINT OF COMMENCMENT MA~HBNE P.O.B. = POINT OF BEGINNING SEE SH~T 3 OF 5 R.O.W. = RIGHT-OF-WAY LEGAL DESCRIPTION AND SKETCH SHEET 4 OF 5 ~IS LEGAL DESCRIP~ON AND SKETCH PREPARED BY: DESCRIP~ON: PARCEL 710-A CLIENT: COLLIER COUNTY TRANS~RYATION DI~SION Ilnlll , G~OR~E .~CK~Y, P~S.M. NO. 560~ ~fe.loaaJ en~eem, p]anne~, ~ land su~7o~ SCALE: · 1' = 80' DATE: OCT. 2. 2003 c=~u~.MwT~~,ma~(~---gz=~ DRA~ BY: JA~ '. PRO'CT NO.: 8515 c~ .*~.~u.- ~ ~ ,m ~ n .. ,= (-~-~, ACAD NO:'8672~SD2C FILE NO: 8672 AGENDA ITEM No.. MAR 2 3 200 t Pg. 6'" -.~ EXHIBIT /¢ Page~ '~ ~ SECTION 21, TOWNSHIP ,_50 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLOR/DA LEGAL DESCRIPTION OF PARCEL 710-A ALL THAT PART OF THE NORTH 1/2 OF THE NORTHEAST 1/4 OF SECTION 21, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA LYING SOUTHERLY OF RATTLESNAKE HAMMOCK ROAD (C.R. 864) (100' RIGHT OF WAY) AND BEING MORE PARTICULARLY DESCRIBED IN TWO SEPARATE PARCELS AS FOLLOWS; COMMENCING AT THE NORTH 1/4 CORNER OF SAID SECTION 21; THENCE SOUTH ,3'38'`30" WEST ALONG THE WEST LINE OF SAID NORTHEAST 1/4 A DISTANCE OF 50.07 FEET TO THE SOUTHERLY RIGHT OF WAY LiNE OF RATTLESNAKE HAMMOCK ROAD (C.R. 864 - 100' R.O.W.) THENCE CONTINUING SOUTH 3'38'`30" WEST ALONG SAID WESTERLY LINE A DISTANCE OF 27.5.3 FEET TO THE POINT OF BEGINNING OF THE PARCEL HEREIN BEING DESCRIBED; THENCE CONTINUE SOUTH 5' 38'`30" WEST ALONG SAID WESTERLY LINE A DISTANCE OF 10.01 FEET; THENCE LEAVING SAID WESTERLY LINE SOUTH 89'15'45" EAST ALONG A LINE .37.50 FEET SOUTHERLY OF AND PARALLEL WITH SAiD SOUTHERLY RIGHT OF WAY LINE A DISTANCE OF 355.57 FEET; THENCE LEAVING SAID LINE SOUTH 0'44'15" WEST A DISTANCE OF 10.00 FEET; THENCE SOUTH 89'15'45" EAST ALONG A LINE 47.50 FEET SOUTHERLY OF AND PARALLEL WITH SAID RIGHT OF WAY LINE A DISTANCE OF 700.00 FEET; THENCE LEAVING SAID LINE NORTH 0'44'15" EAST A DISTANCE OF 10.00 FEET; THENCE SOUTH 89'15'45" EAST ALONG A LINE 37.50 FEET SOUTHERLY DF AND PARALLEL WITH SAID RIGHT OF WAY LINE A DISTANCE OF 801.68 FEET; THENCE LEAVING SAID LINE SOUTH 75'38'51" EAST A DISTANCE OF 46.71 FEET; THENCE SOUTH 89'15'45" EAST ALONG A LINE 48.50 FEET SOUTHERLY OF AND PARALLEL WITH SAID RIGHT OF WAY LINE A DISTANCE OF 577.92 FEET; THENCE LEAVING SAID LINE NORTH 0'44'15" EAST A DISTANCE OF 10.00 FEET; THENCE NORTH 89'15'45" WEST ALONG A LINE 38.50 FEET SOUTHERLY OF AND PARALLEL WITH SAID RIGHT OF WAY LINE A DISTANCE OF `376.72 FEET; THENCE LEAV1NG SAID LINE NORTH 75'38'31" WEST A DISTANCE OF 46.71 FEET; THENCE NORTH 89'15'45" WEST ALONG A LINE 27.50 FEET SOUTHERLY OF AND PARALLEL WITH SAID R1GHT OF WAY LINE A DISTANCE OF 1857.94 FEET TO THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED; CONTAINING 0.684 OF AN ACRE OF LAND MORE OR LESS; TEMPORARY CONSTRUCTION EASEMENT (DURATION: 3 YEARS FROM COMMENCEMENT OF CONSTRUCTION) THIS LEGAL DESCRIPTION AND SKETCH PREPARED BY: I 1:)ro{es"l°ne3 en~tneerl, l~l~nneTIJ, & lan~ ~o~ LEGAL DESCRIPTIO~ .AN~':SKETC:R~ SHEET 5 OF )ESCRIPTION: PARCEL 710-:A CLIENT: COLLIER COUNTY TRANSF;O~"~ATION DtVI.SiON REVISION: ~ 12/11/0,3 '~RGE..W~ H~ACKNE¥; ~'.S.. NO. 5606 SCALEi ,', ' N.T.S'.,<:DATE: OCT. 2. 200:~ DRAWN ,B,.'E.' ~;!.,~AN'.i ,PROJECT NO.: 8,315 ACAD NO:~6.'72~SD2C FILE NO: 8672. AGENDA ITEM No.,_ MAR 2 3 200zt pg. 0"'~- (DURATION: 3 YEARS FROM ; '5NCEMENT OF CONSTRUCTION) SECTION 21, TOWNSHIP 50 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA PARCEL NO. _?$O-B PROPERTY OWNER: ASSOCIATED REAL ESTAT[ sw. ,,,c. ~ ~ . ~ ~. ~t ~d ~ ~ . r ----~ .... ~5 I- I ~ . P.O.C. = POINT OF COMMENCMENT P.O.B. = POINT OF BEGINNING ' R.O,W. = RIGHT-OF-WAY LEGAL DESCRIPTION AND SKETCH SHEET 1 OF 2 THIS LEGAL DESCRIPTION AND SKETCH PREPARED BY: DESCRIP~ON: PARCEL 710-~ ..~. CLIENT: COLLIER COUNTY TRANSPORTATION'DI~SIO~ Professional eng~, planners, i land s~eyors SCALE: · 1" = 80' ,DAE:. oCT. 2. 2003 c.m. ~=~ s~ ....~. r ...... ~ .~ .*~,.~ m -~,. I.-~--~m ORA~ BY: JAN PROJECT NO.: 8315 c~.~ ~ *.~..~ ... ~ ~., ~ .. ~ I-,~ ACAD NO: 86~2-SD3: . FILE NO: 8672 AGENDA ITEM No.. MAR 2 3 200 pg. ~'...~'-- EXHIBIT Page...~ of .SECTION 21, TOWN.SHIP 50 .SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA LEGAL DESCRIPTION OF PARCEL 710-B ALL THAT PART OF THE NORTH 1/2 OF THE NORTHEAST 1/4 OF SECTION 21, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA LYING SOUTHERLY OF RATTLESNAKE HAMMOCK ROAD (C.R. 864) (100' RIGHT OF WAY) AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS; COMMENCING AT THE NORTHEAST CORNER OF SAID SECTION 21; THENCE SOUTH 4'01'29" WEST ALONG THE EAST LINE OF THE NORTHEAST I/4 OF SAID SECTION 21 TO THE SOUTHERLY RIGHT OF WAY LINE OF" RATTLESNAKE HAMMOCK ROAD (C.R. 864 - 100' R.O.W.); THENCE CONTINUE SOUTH 4'01'29" WEST ALONG SAID EAST LINE A DISTANCE OF 27.55 FEET; THENCE LEAV1NG SAID EAST LINE NORTH 89'15'45" WEST ALONG A LiNE 77.50 FEET SOUTHERLY OF AND PARALLEL WITH SAiD RIGHT OF WAY A DISTANCE OF 239.40 FEET; THENCE LEAV1NG SAID LiNE SOUTH 0'44'15" WEST A DISTANCE OF 11.00 FEET TO THE POINT OF BEGINNING OF THE PARCEL HEREIN BEING DESCRIBED; THENCE CONTINUE SOUTH 0'44'15" WEST A DISTANCE OF 29.00 FEET; THENCE NORTH 89'1.5'45" WEST ALONG A LINE 117.50 FEET SOUTHERLY OF AND PARALLEL WITH SAID RIGHT OF WAY LINE A DISTANCE OF 97.75 FEET; THENCE LEAVING SAID LiNE NORTH 0'44'15" EAST A DISTANCE OF 29.00 FEET; THENCE SOUTH 89'15'45" EAST ALONG A LINE 88.50 FEET SOUTHERLY OF AND PARALLEL ~TH SAID RIGHT OF WAY LINE A DISTANCE OF 97.73 FEET TO THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED; CONTAINING 2834 SQUARE FEET OF LAND MORE OR LESS; THiS LEGAL DESCRIPTION AND SKETCH PREPARED BY: LEGAL DESCRIPTION ,~N6 SKETCH'SHEET 2 OF DESCRIP~ON: PARCEL 710~B ...:,., ,..-. '. 2 CLIENT: COLLIER COUNTY TRANSPORTATION' DIV1SION ~ SCALE: ";;.". N.~,,~}'gATE:; :.OCT. 2. 20~ ~ DRA~ BYt-',, 'JA~' .'PROJECT NO,: 8315 MAR 2 3 200 pg. 0/~' rAnl~l i / ! Page~ of //',)/7/ SECTION 16, TOWNSHIP 50 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA PARCEL NO. PROPERTY OWNER: PAIR OF DICE, INC. REFERENC£: O._~R. 2498. PCS. 2595-2598 STRAP NO.: 5~02616121.0005B15 SCAL'~: 1" ~~: 3 S~AP ~ 502616021l~05BI6 O I~ I P.O.C. = POINT OF COMMENCMENT P.O.B. ~ POINT OF ~EGINNING R.O.W. = RIGHT-OF-WAY LEGAL DESCRIPTION' AND SKETCH SHEET 1 OF 2 THIS LEGAL DESCRIPTION ~ND S~ETCH PREPARED ~Y: DESCRIPTION: PARCEL 711 ,Professional engineer, pla~e~, & le~d sur~yors SCALE: 1' = ~0' DATE: OCT. 6. 200~ AGENDA.iTEM HA R 2 3 EXHIBIT Page~ of ~D,q SECTION 16, TOWNSHIP 50 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA LEGAL DESCRIPTION OF PARCEL 711 ALL THAT PART OF THE SOUTH 1/2 OF SOUTHEAST 1/4 OF SECTION 16, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA BEING PART OF THE PAIR OF DICE INC. PROPERTY LYING NORTHERLY OF RATTLESNAKE HAMMOCK ROAD (C.R, 864) AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS; COMMENCING AT THE SOUTH t/4 CORNER OF SAID SECTION 16; THENCE SOUTH 89'15'45" EAST ALONG THE SOUTH LINE OF THE SOUTHEAST 1/4 OF SAID SECTION 16 ANO THE SURVEY BASELINE OF SAID RATTLESNAKE HAMMOCK ROAD A DISTANCE OF ,37.65 FEET; THENCE LEAVING SAID SOUTHERLY LINE AND SAID BASELINE NORTH 0'44'15" EAST A DISTANCE OF 50.00 FEET TO THE NORTHERLY RIGHT OF WAY LINE OF SAID RATTLESNAKE HAMMOCK ROAD AND THE POINT OF BEGINNING OF THE PARCEL HEREIN BEING DESCRIBED; THENCE SOUTH 89'15'45" EAST ALONG SAID RIGHT OF WAY A DISTANCE OF 54.00 FEET; THENCE LEAVING SAID RIGHT OF WAY NORTH 0'44'15" EAST A DISTANCE OF 25.00 FEET; THENCE NORTH 89'15'45" WEST ALONG A LINE 25.00 FEET NORTHERLY OF AND PARALLEL TO SAID RIGHT OF WAY LINE A DISTANCE OF 54.00 FEET; THENCE LEAVING SAID LINE SOUTH 0'44'15" WEST A DISTANCE OF 25.00 FEET TO THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED; CONTAINING 1,350 SQUARE FEET OF LAND MORE OR LESS; TEMPORARY DRIVEWAY RESTORATION EASEMENT (DURATION: 3 YEARS FROM COMMENCEMENT OF CONSTRUCTION) THIS LEGAL DESCRIPTION AND SKETCH PREPARED BY: ]~TJNDACE ,~mwBmllw ~'rofenlomal enftneers, planner=. & land s~rs LEGAL DESCRIPTION AND SKETCH SHEET 2 OF 2 DESCRIPTION: PARCEL 711 CLIENT: COLLIER COUNTY TRANSPORTATION DIVISION REVISION:__ BY: 1/15/04 ': 'OE'OR~E-W.-HACKNI~Y, P,S.M, NO. 5606 SCALE: N.T.S. DATE: OCT. 6. 200.3 DRAWN BY: ,,Iraqi PROJECT NO.: 8,315 ~ ACAO N0:8672-'~D~4 FILE NO: 8672 AGENDA ITEM No. - HAR 2 3 200 t EXHIBIT Page, ,..5~- of TEMPORARY DRPVEWAY RESTORATION EASEMENT (DURATION: 3 YEARS FROM COMMENCEMENT OF CONSTRUCTION) SECTION 16, TOWNSHIP 50 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA PARCEL NO.._7.12 PROPERTY OWNER: PARKERS H^MIdOC~ REFERENCE: O.R. 1072. PG. 1518 S~AP NO.: xXXX.XXXX I ~ ~ I ~, ~ , ~oo~u~'~ ~ ~ PAR~L 712 ; I ~ S~ST ~ PARK~S HAMMOCK ROAD ~ ~c~ ~s. ~. ~ s.. ~ 2~ g. (60' ~DE. INGRESS / EGRESS EASY, T) ~ ~ ~~ O.R. BO~ 1072. PAGE 1518 ~ I .. ..... ,.,__ , , P.O.C. = POINT OF COMMENCMENT P.O.B. = POINT OF BEGINNING R.O.W. = RIGHT-OF-WAY LEGAL DESCRIPTION ANO ~KETCH SHEET 1 OF 2 ~lS LEGAL DESCRIPTION AND SKETCH PREPARED BY: DESCRtP~ON: PARCEL'712 · ....i~NO~ RE~SIoN:CLIENT: COLLIER COUNBy:. ~~TY TRANSPORTATION DI~SION Professknal e~ii~, pla~e~. ~ land e~ SCALE: 1" '= 80' DATE: SEPT. 29. c.~. ~ ~ ~. ~ r ...... ~ '~ "'~' ~ ~ ["~-~ DRA~ BY: ~AN PROJECT NO.: 8315 c~.~ ~ *~.u. ,.. ~ .,, ~ z, ,, '~ ("'~ ACAD NO: 8672-SD24 FILE NO: 867~ AGENDA ITEM "t MAR 2 3 20Oh EXHIBIT SECTION 16, TOWNSHIP 50 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA LEGAL DESCRIPTION OF PARCEL 712 ALL THAT PART OF SECTION 16, TOWNSHIP 50 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: THE SOUTHERLY-MOST 50.00 FEET OF PARKERS HAMMOCK ROAD AS RECORDED IN OFFICIAL RECORDS BOOK 1072 PAGE 1518 PUBLIC RECORDS OF COLLIER COUNTY FLORIDA BEING FURTHER DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF SAID PARKERS HAMMOCK ROAD SAID CORNER ALSO BEING THE SOUTHWEST CORNER OF SHADOWOOD VILLAS AS RECORDED IN PLAT BOOK 23 PAGES 22 AND 25 PUS',JC RECORDS OF COLLIER COUNTY FLORIDA; THENCE NORTH 0'17'48" WEST ALONG THE EASTERLY LINE OF SAID PARKERS HAMMOCK ROAD AND ALONG THE WESTERLY LINE OF SAID SHADOWOOD VILLAS A DISTANCE OF 50.00 FEET; THENCE LEAVING SAID EASTERLY LINE AND WESTERLY LINE NORTH 89'15'45" WEST ALONG A LiNE 50.00 FEET NORTHERLY OF AND PARALLEL WITH THE NORTHERLY RIGHT OF WAY LINE OF RATTLESNAKE HAMMOCK ROAD A DISTANCE OF 60.01 FEET TO THE ~ESTERLY LINE OF SAID PARKERS HAMMOCK ROAD AND THE EASTERLY LINE OF CHATSWOOD CONDOMINIUM AS RECORDED IN OFFICIAL RECORDS BOOK 2897 PAGES 1055 AND 1056 PUBLIC RECORDS OF COLLIER COUNTY FLORIDA; THENCE SOUTH 0'17'48" WEST ALONG SAID WESTERLY LINE AND ALONG SAID EASTERLY LINE A DISTANCE OF 30.00 FEET TO AN INTERSECTION WiTH THE* AFORESAID RIGHT OF WAY LINE OF RATTLESNAKE HAMMOCK ROAD; THENCE LEAV]NG SAID WESTERLY AND EASTERLY LINES SOUTH 89'15'45" EAST ALONG SAID RIGHT OF WAY LiNE TO THE EASTERLY LINE OF SAID PARKERS HAMMOCK ROAD A DISTANCE OF 60.01 FEET TO THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED; CONTAINING 1800 SQUARE FEET OF LAND MORE OR LESS; TEMPORARy DRIVEWAY RESTORATION EASEMENT (DURATION: 3 YEARS FROM COMMENCEMENT OF CONSTRUCTION! LEGAL DESCRI?TION. AND SKETCH SHEET 2 OF 2 HIS LEGAL DESCRIPTION AND SKETCH PREPARED BY: proles~lonal enitneers, pl~nneTs, i l~nd SUT~SyoTJ DESCRIPTION: PARCEL 712 CLIENT: COLLIER COUNTY TRANsPoRTATION DIVISION qEV~SION: . ~1151o4 BY: f · 'h~E(~R%I~ W.-I~MC~I~NEY, P.S.M. NO. 5606 SCALE: N.T,S, DATE:SEPT. 2g. 200;3 DRAWN BY: JAN PROJECT NO.: 8.315 ACAD N0:8672-S024 ' FILE NO: 8672 AGENDA ITEM No.. MAR 2 3 200zt Pg. '~d EXHIBIT SECTION 16, TOWNSHIP 50 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA PARCEL NO. 213 PROPERTY Ot~VER: SHAOOWOOD VILLAS SEE SHEET 2 OF REFERENC£: P.B. 2~, POS. 86-87 STRAP NOs: MA TCHLJNE AREA OF TAKE: .p.38g ACRES AREA OF REMAINDER: .X.XX ACRES ~ r,.) crc r ~ST ~ ~ s~sr ~A~ P~KERS HAMMOCK ROAD ' ~ I ~ ~AST ~AR~ (60' ~DE, INGRESS / P.O.C. = POINT OF COMMENCMENT P.O.B. = POINT OF BEGINNING R.O.W. = RIGHT-OF-WAY LEGAL DESCRIPTION AND SKETCH SHEET 1 OF'3 THIS LEGAL DESCRIPTION AND SKETCH PREPARED BY: DESCRIP~ON: PARCEL 11] i~i~ CLIENT: COLLIER COUN~ TRANSPORTA~ON DI,SION ...... ~UNDAOE.~. 12//23/03 'GEOR~E ~: ~ACkNEY, P.S.M. NO. '5606 Professional e~tneers, planne~, & ]and su~ SCALE: 1" = BO[ ' DATE:SEPT. 26. 2003 AGENDA ITEM MAR 2 3 2OD, '7 / J EXHIBIT ~ Pmge---~f~ of )OH- SECTION 16, TOWNSHIP 50 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA PARCEL NO. PROPERTY OWNER: SHADOWOO9 ~LLA$ REFERENCe: P.D. 23. PGS. ,~.6-87 STRAP NO.: AREA OF TAKE: 0.38~ ACRES AREA OF REMAINDER: x. XX ACRES SCALE: 1" = 80' FEE SIMPLE INTEREST 8 ,t+ P.O.C. P.O.B. R.O.W. = POINT OF COMMENCMENT = POINT OF BEGINNING = RIGHT-OF-WAY MA TCHUNE SEE SHEET f OF 3 LEGAL DESCRIPTION' AND SKETCH SHEET 2 OF 3 THIS LEGAL DESCRIPTION AND SKETCH PREPARED BY: DESCRIPTION: PARCEL 113 CLIENT: COLLIER COUNTY TRANSPORTATION DIWSION 12//23/03 ~EORGE W. H~,CKNE~f, P.S.M. NO. 5606 SCALE: 1" = 80' DATE:SEPT. 26. 200,:t DRAWN BY: JAN PROJECT NO.: 8315 ACAD NO:8668-SD12A FILE NO: 8668 NAR 2 3 200 EXHIBIT .,4 SECTION 16, TOWN.?,HIP 50 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA LEGAL DESCRIPTION OF PARCEL 113 ALL THAT PART OF SHADOWOOD V~LLAS ACCORDING TO THE PLAT THEREOF AND AS RECORDED IN PLAT BOOK 25, PAGES 86 THROUGH 87 PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS; A 17.5' WIDE RIGHT OF WAY EASEMENT FOR THE FUTURE WIDENING OF RATTLESNAKE HAMMOCK ROAD AS SHOWN ON SAID PLAT AND BEING THE SOUTHERLY 17.50 FEET OF TRACT "A"; CONTAINING 0.385 OF AN ACRE OF LAND MORE OR LESS; AND COMMENCING AT THE SOUTHWESTERLY CORNER OF SAID SHADOWOOD VILLAS SAID CORNER ALSO BEING ON THE NORTH RIGHT OF WAY LINE OF RATTLESNAKE HAMMOCK ROAD AND IS THE SOUTHEASTERLY CORNER OF PARKERS HAMMOCK ROAD INGRESS AND EGRESS EASEMENT AS RECORDED IN OFFICIAL RECORDS BOOK 1072 PAGE 1518; THENCE NORTH 0'17'48" WEST ALONG THE WESTERLY LINE OF SAID SHADOWOOD VILLAS AND THE EASTERLY LiNE OF SAID PARKERS HAMMOCK ROAD A DISTANCE OF 17.50 FEET TO THE POINT OF BEGINNING OF THE PARCEL HEREIN BEING DESCRIBED; THENCE SOUTH 89'15'45' EAST ALONG A LINE 17.50 FEET NORTHERLY OF AND PARALLEL WITH SAID RIGHT OF WAY LINE A DISTANCE OF 20.50 FEET; THENCE LEAVING SAiD LINE NORTH 0'44'15" EAST A DISTANCE OF 12.50 FEET; THENCE NORTH 89'15'45" WEST A DISTANCE OF 20.72 FEET TO THE AFOREMENTIONED WESTERLY LINE; THENCE SOUTH 0'17'30" EAST A DISTANCE OF 12.50 FEET TO THE AFORESAID RIGHT OF WAY LINE AND THE POINT OF BEGINNING OF THE PARCEL HEREIN BEING ESCR,BED; CONTAINING 25B S.F. OF LAND MORE OR LESS; FOR A TOTAL COMBINED ACREAGE OF 0.589 OF AN ACRE OF LAND MORE OR LESS; I FEE SIMPLE il INTEREST LEGAL DESCRIPTION AND SKETCH SHEET 5 OF 3 THIS LEGAL DESCRIPTION AND SKETCH PREPARED BY: DESCRIPTION: PARCEL .113 "..:".iA_~o,., CL,E~T: COL',ER COUNTY TRANSPORTA~ON °,US,O, -~-~:-~:I~RUN])ACE,~ 12/25/05 GEORGE W. ~I:ACKNEY, P.S.M. NO. 5606 Profes~lox~a] engl:nee~, ~]a:z3e~-s, & lan~ s~r~'~7om SCALE: N.T,S. DATE:SEPT. 26. 2003 MAR 2 3 200~ P~. 7,3 EXHIBIT /~ Page~ of //-~ I ~ MI"~ UI'"[,~I"( Y CONSTRUCTION EASEMENT (DURATION: 3 YEARS FROM COMMENCEMENT OF CONSTRUCT' SECTION 16, TOWNSHIP 50 SOUTH, RANGE 26 EAST COLLIER ~ARCEL NO. 713 PROPERTY OWNER: ~H^DOWO00 VILt,^S REFERENCE: P.B. 23. PGS. 86-87' STRAP NO.: AREA OF TAKE: 0.396 ACRES AREA OF REMAINDER: XXXX SQ. FT. · SCALE: 1" = 80' COUNTY, FLORIDA SEE SHEET 2 OF 3 MATCHUNE [,~ST U~ ~ SOOm,~ST OU~,Rr~/ PARKERS HAMMOCK ROAD , ~ sour~'~sr ou~r~ (60' WID~ INGRESS / EGRESS EASEMENT), EASE~ O.R. eOOK 1072, PAGE 1518 P.O.C. P.O.B. R.O.W. = POINT OF COMMENCMENT = POINT OF BEGINNING = RIGHT-OF-WAY THIS LEGAL DESCRIPTION AND SKETCH PREPARED BY: .... lib I Professional e~lneetl, planners, & land su.~eyors LEGAL DESCRIPTION AND SKETCH SHEET 1 OF 5 DESCRIPTION: PARCEL 71,:3 CLIENT: COLLIER COUNTY T~,~IsPoRTAT1ON DIVISION REVISION: 12/23/O3 I ~' ~CKNEY, P.S.M. NO. 5606 REUSED TEXT SCALE: 1" = 80' DATE:DEC. 22, 200~ DRA~ BY: JMM 'PROJECT NO.: 831 ACAD NO:8672~SD20 RLE NO: 8672 MAR 2 3 200~ Pg. 7 ~ c-ArllI~I I /?-) SECTION 16, TOWNSHIP 50 SOUTH, RANGE 26. EAST COLLIER COUNTY, FLORIDA PARCEL NO. 713 PROPER T¥ OWNER: SH^DOWOOO V1LL,$ REFERENCE: P~8. 23. PGS. 86-67 ~ I I STRAP NO.: -- I..- AREA OF REMAINDER: xxxx so. FT. ± ~ SCALE: 1:' =. ~' ~ -'---..."---... 2--- '~-- _~ I '~ TEMPO~Y ~ ~ I I (DUSTIn: 3 Y~S FROM ~'~S~ESHEE, 20F~ COMMENCEMENT OF CONSTRUCTION) - MA TC~ ~UNE P.O.C. = POINT O~ CO~ENC~E~T P.O.B. = POINT Of BEGINNING R.O.W. = RIGHT-OF-WAY LEGAL DESCRIPTION AND SKETCH SHEET 2 OF 5 ~IS LEGAL DESCRIPTION AND SKETCH PREPARED BY: DESCRIP~: PARCEL 715 ~G~O. CLIENT: COLLIER COUNTY'T~NSPORTA~ON DIVISION REVISION: ' Professional eniineers, pla~ers, ~ land s~rs SCALE: 1" = 80' OATE:~C. 22. 200~ ~ c~m ~ ~o,. ,,~ ~.~ ~.~ ~ ~. ~ .,0, (..~_~,. DRA~ BY: JMM PROJECT NO.: 8315 ~'~'N" ~"~ "~ u ~' "~ ~ ~ ~ IN~-""~ ACAD NO: 8672-SD2~A FILE NO: 6672 Page ~(~ of t(/~ SECTION 16, TOWNSHIP 50 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA LEGAL DESCRIPTION OF PARCEL 715 ALL THAT PART OF SHADOWOOD VILLAS ACCORDING TO THE PLAT THEREOF AND AS RECORDED IN PLAT BOOK 25, PAGES 86 THROUGH 87 PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS; COMMENCING AT THE SOUTHEASTERLY CORNER OF THE ABOVEMENTIONED SHADOWOOD VILLAS SAID CORNER ALSO BEING AT THE SOUTHWEST CORNER OF SKYWAY DRIVE AS RECORDED IN CONDOMINIUM PLAT BOOK 4- PAGE 46 PUBLIC RECORDS OF COLLIER COUNTY FLORIDA AND A POINT ON THE NORTHERLY RIGHT OF WAY LINE OF RATTLESNAKE HAMMOCK ROAD; THENCE NORTH 0'44't5" EAST ALONG THE EASTERLY LINE OF SAID SHADOWOOD VILLAS AND ALONG THE WESTERLY LINE OF SAID SKYWAY DRIVE A DISTANCE OF 2.44 FEET TO THE BEGINNING OF A CURVE CONCAVE WESTERLY AND HAVING A RADIUS OF 205.00 FEET; THENCE NORTHERLY ALONG THE ARC OF SAID CURVE AND ALONG SAID EASTERLY AND 'WESTERLY LINES THROUGH A CENTRAL ANGLE OF 4'12'47" AN ARC DISTANCE OF 15.07 FEET TO AN INTERSECTION WITH THE NORTHERLY IJNE OF A 10.00 FOOT LANDSCAPE EASEMENT AS SHOWN ON SAID PLAT AND THE POINT OF BEGINNING OF THE PARCEL HEREIN BEING DESCRIBED; THENCE CONTINUING ALONG SAID EASTERLY AND WESTERLY LINES AND CONTINUING ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 8'.37'41" AN ARC DISTANCE OF 50.87 FEET; THENCE LEAVING SAID EASTERLY AND WESTERLY LINES SOUTH 27'44'08' WEST A DISTANCE OF 2.3.01 FEET TO AN INTERSECTION WITH SAID NORTHERLY LINE; THENCE NORTH 89'15'45" WEST ALONG SAID NORTHERLY LINE A DISTANCE OF 918.08 FEET TO AN INTERSECTION WITH THE EASTERLY LINE OF A 20.00 FOOT WIDE DRAINAGE EASEMENT AS SHOWN ON SAID PLAT; THENCE LEAVING SAID NORTHERLY LINE SOUTH 0'44'15" WEST ALONG SAID EASTERLY LINE A DISTANCE OF 10.00 FEET TO THE NORTHERLY LINE OF A 17,50 FOOT W!DE RIGHT OF WAY EASEMENT AS SHOWN ON SAID PLAT; THENCE LEAVING SAID EASTERLY LINE SOUTH 89'15'45" EAST ALONG SAID NORTHERLY LINE A DISTANCE OF 93.3.1t FEET TO THE POINT OF BEGINNING OF THE PARCEL HEREIN BEING DESCRIBED; CONTAINING 0.217 OF AN ACRE OF LAND MORE OR LESS; TEMPORARY CONSTRUCTION EASEMENT (DURATION: 3 YEARS FROM COMMENCEMENT OF CONSTRUCTI©' LEGAL DESCRIPTION- AND SKETCH SHEET 5 OF 5 THIS LEGAL DESCRIPTION AND SKETCH PREPARED BY: BER & DESCRIPTION: PARCEL 71.3 CLIENT: COLLIER COUNTY TRANSPORTATION DI~SION REVISION: ~¥: ~/..,~,~ · GEOR~;E' W. H~"C~F4EY, P.S.M. NO. 5606 sCALE: "' N.T,$_ DATE:DEC. 22. 2005 DRAWN BY: JMM PROJECT NO.: 8,~15 AcAD NO:86.72-SD2QA FILE NO: 8672 AGENDA ITEM NAR 2 3 200 EXHIBIT Page.~. of SECTION 16, TOWNSHIP 50 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA PARCEL NO. PROPERTY OWNER: ~uc SOUTH AtRPARK SCALE: 1" = 80' REFERENCE: .CONDOMINIUM P.B. 4, PG, 46 STRAP NO.: 502616164.0005B16 AREA OF TAKE: 0.052 ACRES ~ ~ ~ ~ ~ AREA OF REMAINDER: X.XX ACRgS ~[ ~m ~ ~m ~ ~ Ii ' ~ ~ +~ ~ SEC~ON 15. TO~IP 50 SOU~. RANGE 26 EAST { &~ ~ ~ ~ ~ I NAPLES LAKES ~N~Y CLUB ~ ' ~ ~ " mlAAPLES UMI~D PAR~ERSHIP ~ I ~ ~ SmAP I 506900 ~ ~5e15 ~ ~'~ I q~ ~ ~ . ,~ ~ ~ ~' ~ I ~ , ~ ~ ~ ~; :I ~ , I FEESMPLE R~ ~ '~I'~ INTEREST ~ . E ,3 ~ I P.O.C. = POINt OF COMMENCMENTIl I m P.~.~. = POiNt OF BEGINNING R.O.W. = RIGht-OF-WAY LEgal dE5C~IPt)ON AND SKETCH SHEEt THIS LEGAL DESCR~P~ON AND SKETCH PREPARED BY: DESCRIPTOr: PARCEL 114 Profe~lonal en~ineer~, plenns~. & land su~yo~ SCALE: 1" = 80' DATE:SEPT. 29. 2003 c.m~ c~ ~ ~. *~ ;~ w~ ,.~ ,.¢.. ~ ~, [,t)~,-~u~ DRA~ BY: JAN PROJECT NO.: 831 c~,,~ ~ l,~,e~ ~ ~ ~ ~ ~ m~ v~ (~l~e-~ ACAD NO: 8668-SD13 FILE NO: 8668 AGENDA LTEM · No. / ~/g:ll MAR 2 3 200~ Pg. 7 -7 EXHIBIT Page.~of.~ SECTION 16, TOWNSHIP 50 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA LEGAL DESCRIPTION OF PARCEL 114 ALL THAT PART OF SKYWAY DRIVE ACCORDING TO THE CONDOMINIUM PLAT THEREOF AS RECORDED IN CONDOMINIUM PLAT BOOK 4, PAGE 46, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS; THE SOUTHERLY 17.50 FEET OF SKYWAY DRIVE; CONTAINING 0.040 OF AN ACRE OF LAND MORE OR LESS; AND COMMENCING AT THE SOUTHWEST CORNER OF SAID SKYWAY DRIVE SAID CORNER LYING ON THE NORTH RIGHT OF WAY LINE OF RATTLESNAKE HAMMOCK ROAD AND ALSO BEING THE SOUTHEASTERLY CORNER OF SHADOWOOD VILLAS; THENCE NORTH 0'44'15" EAST ALONG THE WESTERLY LINE OF SAID SKYWAY DRIVE AND ALONG THE EASTERLY LiNE OF SAID SHADOWOOD VILLAS A DISTANCE OF 2.44 FEET TO THE BEGINNING OF A CURVE CONCAVE WESTERLY AND HAVING A RADIUS OF 205.00 FEET; THENCE NORTHERLY ALONG THE ARC OF SAID CURVE AND ALONG SAID WESTERLY AND EASTERLY LINES THROUGH A CENTRAL ANGLE OF 4'12'47" AN ARC DISTANCE OF 15.07 FEET TO THE POINT OF BEGINNING OF THE PARCEL HEREIN BEING DESCRIBED; THENCE CONTINUING ALONG THE ARC OF SAID CURVE AND ALOND SAID WESTERLY AND EASTERLY LINES THROUGH A CENTRAL ANGLE OF 8'37'41" AN ARC DISTANCE OF 30,78 FEET; THENCE LEAVING SAID WESTERLY AND EASTERLY LINES SOUTH 89'15'45" EAST A DISTANCE OF 1.3.46 FEET; THENCE SOUTH 20'4-4'22" EAST A DISTANCE OF .32.78 FEET; THENCE NORTH 89'15'45" WEST A DISTANCE OF 20.Bg FEET TO THE AFOREMENTIONED WESTERLY LINE AND '[HE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED; CONTAINING 512 SQUARE FEET OF LAND MORE OR LESS; FOR A TOTAL COMBINED ACREAGE OF 0.052 OF AN ACRE OF LAND MORE OR LESS; FEE SIMPLE INTEREST THIS LEGAL DESCRIPTIO~N AND SKETCH PREPARED BY: I mmmm'm~ARBER & LEGAL DESCRIPTION AND SKETCH SHEET 2 OF 2 DESCRIPTION: PARCEL 114 CLIENT: COLUER COUNTY TRANSPORTATION DIVISION ~EVISION: BY: 1/15/04 ~EdRG~ W. I~ACK.~.~Y, P.S.M. NO. 5606 SCALE: N.T,S. DATE:SEPT. 29. 200.3 DRA'M',I BY: JAN PROJECT NO.:' 8315 ACAD NO:8668-SD13 FILE NO: 8668 AGEND...4 ITEM No. /~)~ MAR 2 3 200~ SECTION 16, TOWNSHIP 50 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA PARCEL NO. 714 PROPERTY OWNER: w~N¢ SOUTH A/RPARK REFERENCE: .~0NDOU N U~ P.D. 4. PG. ~ SCALE: 1" = 80' STRAP NO.: 5o2616164.0~5B16 ~C~ON 15, TO~IP 50 S~, RANGE 26 EAST J E~ i~ ..~ ~ ~ I m~RE O.E., NAPES LAKES C~N~Y ~ ~ ~AST ~AR~ tI ~ --._ I -, ~ ~ ~ ' TEMPO~Y DR~WAY ~ ,~ i~,~l - RESTO~N ~SEMENT ~ ~ I~1~1 (~:3Y~SFR~ ~ ~ I~'~]' I ;OMMENCEME~ OF CONSTRUCTION) ~ ~. ,~1 ~ I~l~r * I P.O.C. = POINT OF COMMENCMENT P.O.B. = POINT OF BEGINNING R.O.W. = RIGHT-OF-WAY LEGAL DESCRIPTION AND SKETCH SHEET 1 OF 2 THIS LEGAL DESCRIPTION AND SKETCH PREPARED BY: DESCRIP~ON: PARCEL 714 mmmmm~HER ~ m.mmmm 1/15/04 m.....~U~DAGE.~,mmmmmm . ~ 'CE~GE ~.~ACKNEY, P.S.M. NO. 5606 Profe~iona] en~ee~, pls~er~ & land s~rs SCALE: 1' = 00'" DA~: OCT. 6. 200~ ~m~ c.~ ~ ~. ~,~ t~ ~ .~, ..~., ~ ~0. (.,~,7-~,. DRA~ BY: ~AN PROJECT NO.: 8315 c~.~...~..0.... = m. ~ u .. r= (,u~,-~ ACAD NO: 8672-S015 FILE NO: 8672 AGENDA ITEM No., MAR 2 3 200 '79 ~XH)B)T SECTION 16, TOWNSHIP .50 SOUTH, RANGE 26 EAST COLLIER COUN FY, FLORIDA LEGAL DESCRIPTION OF PARCEL 714 ALL THAT PART OF THE SOUTH 1/2 OF SOUTHEAST 1/4 OF SECTION 16, TOWNSHIP 50 SOUTH, RANGE 26 EAST. COLLIER COUNTY, FLORIDA BEING PART WING SOUTH AIRPARK (SKYWAY DRIVE) PROPERTY LYING NORTHERLY OF RATTLESNAKE HAMMOCK ROAD (C.R. 864) AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS; COMMENCING AT THE SOUTHWEST CORNER OF SAID SKYWAY DRIVE SAID CORNER ALSO BEING THE SOUTHEAST CORNER OF SHADOWOOD VILLAS AS RECORDED IN PLAT BOOK 23, PAGES 86 AND 87 PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE SOUTH 89"15'45" EAST ALONG THE NORTHERLY RIGHT OF WAY LINE OF SAID RATTLESNAKE HAMMOCK ROAD A DISTANCE OF 20.33 FEET; THENCE LEAVING SAID LINE NOR'fH 0'44'15" EAST A DISTANCE OF 17.50 FEET TO lHE POINT OF BEGINNING OF THE PARCEL HEREIN BEING DESCRIBED; THENCE SOUTH 89'15'45" EAST ALONG A LiNE 17.50 FEET NORTHERLY OF AND PARALLEL WiTH SAID RIGHT OF WAY LINE A DISTANCE OF 67.00 FEET; THENCE NORTH 0'44'15" EAST A DISTANCE OF 15.50 FEET; THENCE NORTH 89'15'45' WEST ALONG A LINE 51.00 FEET NORTHERLY OF AND PARALLEL WITH SAiD RIGHT OF WAY LINE A DISTANCE OF 72.5t FEET; THENCE LEAVING SAID LINE SOUTH 20'44'22" EAST A DISTANCE OF 14.51 FEET TO THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED; CONTAINING 940 SQUARE FEET OF LAND MORE OR LESS; TEMPORARY DRIVEtNAY RESTORATION EASEMENT (DURATION: 3 YEARS FROM ~L,;MENCEMENT OF CONSTRUCTION) LEGAL DESCRIPTION AND SKETCH SHEET 2 OF 2 THIS LEGAL DESCRIPTION AND SKETCH PREPARED BY: mm~m mmmm mm-m [RUNDAGE,,~' Pro~essto~nl eng[neerm, pl~nner~. & lnGd su=rvey~rs DESCRIPTION: PARCEL 714 CL,ENT: COL.ER COUNT¢ mA.~SP~RTXT~ON .~V'S,O. REVISmON: t.y: 1/15/04 '~EORGE W. ~r'ACKNEY, P.S.M. NO. 5606 SCALE: '.' ;'N.T,S. DATE: OCT. 6. 200~. DRAWN BY: J^N PROJECT NO.: 8515 AC.~D 'NO', 86~2- sD15 FILE NO: 8672 MAR 2 3 200q Pg- 2D EXHIBI.T SECTION 16, TOWNSHIP 50 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA PARCEL NO. 1~5 REFERENCE: O.R. 593"~. 5--~--'t -- ~ STRAP NO.: 502616164.0005~ ~ -- AREA OF TA~E: 0.102 ~ ~ ~ AREA OF REMAINOER: X.X~R~ ~ SCA · "- ' SEC~ON 1~, TO.SHIp 50 SOU~, RANGE 26 EAST ~ ~ ~ n 0~ FEES~PLE ~ ~ ~ ~1 INTEREST ~ ~ P,O.C. = POINT OF COMMENCMENT ~ P.O.B, = POINT OF BEOlNNINO ~.O.W. = ~ICHT-OF- WAY LECAL DESCRIPTION AND 5KETCH SHEET 1 OF 2 THIS LEOAL DESCRIPTION AND ~KETCH PREPARED BY: DESC~IP~ON: PARCEL 115 · ..w..~ 1/15/O4 GEORGE ~. HACKNEY, P.S.M. NO. 5606 Pro~aslonal ~ngln~. piano.rs. & land sur~yor, SCALE: 1" = ~0' DATE:~PT. 29. 2003 ~. c.~ ~ ~'~, ~'~ ~"~ ~..~ ~ ~. n ,,m (,,~?-,m DRA~ BY:, JAN PROJECT NO.: 83t5 c~.~ .t ,.~.,.. ,... ~ .,.., .m ,, ~ (~*'-~ ACAD NO: 8668-SD1 ~ FrLE NO: 8668 I~AR 2 3 2OOZ~ I=XHII I . Page/~' of (/~ SECTION 16, TOWNSHIP 50 SOUTH, RANGE 26 COLLIER COUNTY, FLORIDA EAST LEGAL DESCRIPTION OF PARCEL 115 ALL THAT PART OF THE SOUTH 1/2 OF THE SOUTHEAST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 16, TOWNSHIP 50 SOUTH RANGE 26 EAST COLLIER COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION 16; THENCE NORTH 0'19'17" EAST ALONG THE EAST LINE OF SAiD SECTION 16 A DISTANCE OF 50.01 FEET TO THE NORTHERLY RIGHT OF WAY LINE OF RATTLESNAKE HAMMOCK ROAD AND THE SOUTHEASTERLY CORNER OF A RUNWAY AND TAXI EASEMENT RECORDED IN OFFICIAL RECORDS BOOK 593 PAGE .301 AND THE POINT OF BEGINNING OF THE PARCEL HEREIN BEING DESCRIBED; THENCE NORTH B9'15' 45" WEST ALONG SAID NORTHERLY LINE AND ALONG THE SOUTHERLY LINE OF SAID EASEMENT A DISTANCE OF 255.03 FEET TO THE SOUTHWESTERLY CORNER OF SAID EASEMENT; THENCE LEAVING SAID NORTHERLY LiNE AND SAID SOUTHERLY LINE NORTH 0'44'15" EAST ALONG THE WESTERLY LINE OF SAiD EASEMENT A DISTANCE OF 2.43 FEET TO THE BEGINNING OF A CURVE CONCAVE WESTERLY AND HAVING A RADIUS OF 235.00 FEET; THENCE NORTHERLY ALONG THE ARC OF SAID CURVE AND ALONG SAID WF'STERLY LINE THROUGH A CENTRAL ANGLE OF .3'40'36" AN ARC DISTANCE OF 15.08 FEET; THENCE LEAVtNG SAID WESTERLY LINE SOUTH B9'15'45" EAST ALONG A LINE 17.50 FEET NORTHERLY OF AND PARALLEL W~TH THE AFOREMENTIONED RIGHT OF WAY LINE A DISTANCE OF 255.19 FEET TO AN INTERSECTION WITH THE AFOREMENTIONED EASTERLY LiNE OF SAID SECTION 16; THENCE SOUTH 0'19'17" EAST A DISTANCE OF 17.50 FEET TO AN INTERSECTION WITH THE AFORESAID RIGHT OF WAY LINE AND THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED; CONTAINING 0.102 OF AN ACRE OF LAND MORE OR LESS; FEE SIMPLE INTEREST LEGAL DESCRIPTION AND SKETCH SHEET 2 OF 2 THIS LEGAL DESCRIPTION AND SKETCH PREPARED BY: Pro/eswto~l enBlneers, planne~, & I~na .u~ors DESCRIPTION: PARCEL 115 CLIENT: COLLIER COUNTY TRANSPORTATION DIVISION 1/15/04 GEORGE W. HAr~°K~tEY, P.S.M. NO. 5606 SCALE: N.T.S. DATE:SEPT. 29. 2005 DRAWN BY: JAN PROJECT NO.: 8515 ACAD NO:~§68-SD14. FILE NO: 8668 MAR 2 3 200 EXHIBIT. . SECTION 16, TOWNSHIP 50 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA PARCEL NO. PROPERTY OWNER: WING SOU1~I AIRPARK ' ECnON ~5. TO.SHIP 50 SOU~, RANGE 26 EAST sm~p ~ 5o6~00 FO ~5~5 ' ~ ~ ~ ~ ~. I / ~ ~ C~STR~TION ~SEME' ~ ' D COMMENCEME~ OF CONSTF~ o~m ~ P.O.C. = POINT OF COMMENCMENT ~,~ P.O.B. = POINT OF BEGINNING R.O.W. = RIGHT-OF-WAY LEGAl DESCRIPTION AND SKETCH SHEET 1 OF 2 THIS LEGAl DESCRIPTION AND SKETCH PREPARED BY: OESCRIP~ON: PARCEL 715 i~[~G,O. CLIENT: COLLIER COUNTY TRANSPORTATION Ot~SI~. llllll ~EOR~E ~. HACKNEY, ~.~. NO. 5606 Profe~lo=al engineer, planners, & ]a~a sur~7or~ SCALE: 1" = 80' DATE: OCT. 6. 200~ ' ' ' ~ ~ F~ ~. ~ s~D, [..)~-.~ DRA~ BY: JAN PROJECT NO.: 8315 ACAD NO:8672-SD16 RLE NO: 867~ AGENI;),,~ ITEM No._ MAR 2 3 2004 ^nlol I, Page SECTION 16, TOWNSHIP 50 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA LEGAL DESCRIPTION OF PARCEL 715 ALL THAT PART OF THE SOUTH 1/2 OF SOUTHEAST 1/4 OF SECTION 16, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA BEING PART OF ~NG SOUTH AIRPARK PROPERTY LYING NORTHERLY OF RATTLESNAKE HAMMOCK ROAD (C.R. 864) AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS; COMMENCING AT THE SOUTHWEST CORNER OF SAID SKYWAY DRIVE SAID CORNER ALSO BEING THE SOUTHEAST CORNER OF SHAOOWOOD VILLAS AS RECORDED IN PLAT BOOK 2,3, PAGES 86 AND 87 PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE SOUTH 89'15'45" EAST ALONG THE NORTHERLY RIGHT OF WAY LINE OF SAID RATTLESNAKE HAMMOCK ROAD A DISTANCE OF 87.,33 FEET; THENCE LEAVING SAID LINE NORTH 0'44'15" EAST A DISTANCE OF 17.50 FEET TO THE POINT OF BEGINNING OF THE PARCEL HEREIN BEING DESORIBED; THENCE NORTH 0'44'15" EAST A DISTANCE OF 13.50 FEET; THENCE NORTH 89'15'45" WEST A DISTANCE OF 5.00 FEET; THENCE NORTH 0'44'15" EAST A DISTANCE OF 16.00 FEET; THENCE SOUTH 89'15'45" EAST A DISTANCE OF 19.00 FEET; THENCE SOUTH 14'26'08" EAST A DISTANCE OF ,30.57 FEET TO AN INTERSECTION WITH SAID RIGHT OF WAY LINE; THENCE NORTH 89'15'45" WEST ALONG A LINE 17.50 FEET NORTHERLY OF AND PARALLEL WITH SAID RIGHT OF WAY LINE A DISTANCE OF 22.00 FEET TO THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED; CONTAINING 611 SQUARE FEET OF LAND MORE OR LESS; CONSTRUCTION EASEMENT (DURATIOI~, 3 YEARS FROM COMMENCEMENT OF CONSTRUCTION) LEGAL DESCRIPTION AND SKETCH SHEET 2 OF 2 THIS LEGAL DESCRIPTION AND SKETCH PREPARED BY: I DESCRIPTION: PARCEL 715 CLIENT: COLLIER COUNTY TRANSPORTATION DtVlSlON REVISION: ./,~ ~ 2/6/04 BY: ./.~// Ci~e~c-'~. HACKNEY, I~S.U. NO, 5606 SCALE: N.T:~, DATE: OCT. 6. 2003 DRAWN BY: JAN PROJECT NO.: 8.315 ACAD NO:8672-SD16 FILE NO: 8672 AGENDA ITEM No.,_ NAR 2 3 SECTION 16, TOWNSHIP 50 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA PARCEL NO..815 STRApREFERENCE: O.R. 593, Pg. 301 . P~T ~ 3~ PAGES 7 ~RU 15 S~AP ~ 506900 ~ 15e15 ~.~-~xc~us,~ ~ ~ ~ ,~1~1 ;;' ;~ I P.O.C. = POINT OF COMMENCMENT ¢ I:~ j P,O.B. = POINT OF BEGINNrNG ~ I R.O.W. = RIGHT-OF-WAY LEGAL DESCRIPTION AND SKETCH SHEET 1 OF 2 THIS LEGAL bESCRIPTION AN'D SKETCH PREPARED ~Y: DESCRIP~ON: PARCEL 815 iiii~o, c~,~,,: COLLIER COUNTY ~ANSPORTAf, O, DI~SION '11'=" 2/6/04 · III-:~RUNDAGE,~ GEO~G~ W. HACKN~, P.S.M. NO. 5606 Professional enslnee~, pla~er.. & land ,~rs SCALE: 1" = ~O~ DATE: OCT. 7, 2005 ~. c~ ~ m. ,,,s ,.~ ~..~ ~ ~ ~ s,,~ [,.).?-sm DRA~ BY: ~AN PROJECT NO.: 8315 c~.~. *.~.m.u~ .~ ~ ..., =, ,,. ~ ("'~-~ ACAD NO: 8672--S0} 7 FILE NO: 8672 HAR 2 3 200z~ - I EXHIBI.T ~ Page ~ ~ '~f_..~ SECTION 21, TOWNSHIP 50 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA PARCEL NO. 710-A SEE SHEET 2 OF 5 PROPERTY OWNER: ASSOCIATED REAL E~TATE sw. ~NC, MATCHUNE REFERENCE: 0. R, 1134. PGS. g36-938 S~AP NO.: 502621001.0005B~1 ~ SCALE: 1" = 80' I I ........... ~ ~ TE~y ~ ~ CONSTRUCT~ ~SEMENT ~ (DUO. ON: 3 Y~S FR~ ~ ~ ~MENCEMENT ~ CONS~UCT ~ ' P.O.C. P.O.B. R.O.W. 1 I TREVA KAY MCLEAN I O.R. BOOK 25'15o PAGE 2542 I STRAP · 502616022.0005B16 I I = POINT OF COMMENCMENT = POINT OF BEGINNING = RIGHT-OF-WAY ,,, CORP. 81 STRAP ~ 50£821002.0005B21 V~l LEGAL DESCRIPTION AND 'SI<ETCH SHEET 1 OF 5 ,.ZHIS LEGAL DESCRIPTION AND SKETCH PREPARED BY: mmmm~ARBER & mmlmlm DESCRIPTION: PARCEL 710-A CLIENT: COLLIER COUNTY TRANSPORI'A~ON DIVISION REVISION: 12/11/o3 'oi~offoE~-~. ~ACXi~i! P;S.u.. UO. 5606 SCALE: : l!' :-='80' DATI~:i, OCT. 1. 200.3 -DRAWN BY: dAN_ PROJECT NO.: 8315 ACAD N0:8672._%.~_2. FILE NO: 8672 ~)N) AGEND& ITEM No.. /~.~, MAR 2 3 200~ EXHIBIT Page of, SECTION 16, TOWNSHIP 50 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA LEGAL DESCRIPTION OF PARCEL 815 ALL THAT PART OF THE SOUTHEAST 1/4 OF SECTION 16, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA LYING NORTHERLY OF RATTLESNAKE HAMMOCK ROAD (C.R. 864) (100' RIGHT OF WAY) AND BEING MORE PARTICULARLY , DESCRIBED AS-FOLLOWS; COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION 16; THENCE NORTH 0'19'17" WEST ALONG THE EASTERLY LINE OF SAID SOUTHEAST 1/4 A DISTANCE OF 50.01 FEET TO THE NORTHERLY RIGHT OF WAY LINE OF SAID RATTLESNAKE HAMMOCK ROAD; THENCE CONTINUE NORTH 0'19'17" WEST ALONO SAID EASTERLY LINE A DISTANCE OF 17.50 FEET TO THE POINT OF BEGINNING OF THE PARCEL HEREIN BEING DESCRIBED; THENCE CONTINUING ALONG SAID EASTERLY LINE NORTH 0'19'17" WEST A DISTANCE OF 20.00 FEET; THENCE LEAVING SAID EASTERLY LINE NORTH 89'15'45" WEST ALONG A LINE 37.50 FEET NORTHERLY OF AND PARALLEL WITH SAID RIGHT OF WAY LINE A DISTANCE OF .36.89 FEET; THENCE LEAVING SAID LINE SOUTH 0'19'17" EAST A DISTANCE OF 20.00 FEET; THENCE SOUTH 89'15'45" EAST ALONG A LINE 17..50 FEET NORTHERLY OF AND PARALLEL TO SAID RIGHT OF WAY A DISTANCE OF 56.89 FEET TO THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED; CONTAINING 758 SQUARE FEET OF LAND MORE OR LESS; ~RPET1JAL NON-EXCLUSIVE DRAINAGE EASEMENT LEGAL DESCRIPTIOf~.AND SKETCH SHEET 2 OF 2 THIS LEGAL DESCRIPTION AND SKETCH PREPARED BY: DESCRIPTION: PARCEL 8'15 !!!i~"OM ' REVlSIoN:CLIEN T: COLLIER COUN. TY TR ANSPORTA~.T, OI~. B,~IS,ON mmmmm-~A.RBER & BY: mmmmmm 2/6/0¢ .... ii~IRUl'~DAGE.~..."..ll" -GI~OI:~I~E~"~"~. ~ACKNE'~P.S.M. NO. 5606 PTofes'~lonal .~z~'taee~, pl~.aaerz, & ]snd au:r'reyors SCALE: N.T.S. DATE: OCT. 7. 2003 Co~ c...~ m,*~. ~.. '~,,m .'.. ..... z,..,a .,,.~ ..~#, ~ ~.~., [m)~,',-~m DRAWN BY: JAN PROJECT NO.: 8.315 c.,~m..,, o, ,~..~.o,.,.....~ ~ --,,~ .· n ~,s4 ~,~ (.~)~N-nt~ ACAD NO: 8672-SD17 FILE NO: 8672 MAR 2 3 20C L EXHIBIT SECTION 21, TOWNSHIP 50 SOUTH, RANGE 26 EAST COUNTY, FLORIDA $££ SHEET 2 OF MA TCHUNE COLLIER PARCEL NO. 11~ PROPERTY OWNER: ASSOCIATED REAL ESTATE SW. 1NC. REFERENCE: O.R, H~4, pGS. 936-958 STRAP NO.: ~0;~621001.0005B21 AREA OF TAKE: 4.055 ACRES AREA OF REMAINDER: x,xx ACRES ± PARCEL 116 SCALE: 1" = 80' FEE SIMPLE INTEREST P.O,C, P.O,B. R.O.W. = POINT OF COMMENCMENT = POINT OF BEGINNING = RIGHT-OF-WAY LEGAL DESCRIPTION AND' SKETCH SHEET 1 OF :3 THIS LEGAL DESCRIPTION AND SKETCH PREPARED BY: U~AGE,~ I ~fessio~l engineer, pl~e~, · I~n~ DESCRIPTION: PARCEL 1!6 ' ~.'., co u, :.... , . 1/20/04- ,~~, P~-M- NO. 5606 SCALE: 1 .~ DA~:JA~. 20. 2OO~ DEA~ BY: : JAN PEoJECT NO.: ACAO'NO:8668-SD~9 FIlE N0: 8668 HAR 2 3 2004 EXHIBIT SECTION 21, TOWNSHIP 50 SO. UTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA PARCEL NO. I1~ FUTURE DEVELOPMENT PROPERTY OWNER: ASSOOATED REAL ESTATE RUNWAY AND TAXIWAY D.E.. M.E. ~ A.E. Sw. Tr, lc. EASEMENT NAPLES LAKES COUNTRY CLUB REFERENCE: O.R. 1134, PCS. 936-938 O.R. BOOK 595, PLAT BOOK .33, PAGES 7 THRU 15 STRAP NO,: 5026210Ot.O005B21 PAGE 301 TBI/NAPLES IJMITED PARTNERSHIP AREA OF TAKE: 4..055 ACRES STR/~P # 506900 ~ AREA OF REMAINDER: X.XXX ACRES + ~NG SOUTH AIRPARK I1 ~ 236+00 smAp t 5025~Gt64.0005B15 238+00 I ~o, uu__~L w/~/,' SKYWAY DRIVE RATTLESNAKE HAMMOC~ ROAD (C.R. 864,) (100' R.O.W.) ~ STA AHEAD: 237+66.58 $our~ u~g or s~c~sv ~s, ~+ ~ STA BACK: 237+66.56 r~,. ~o s, .~. ~ £ ~ ,.1. P.O.C.---~. ~_- ~'~-~ PARCEL 110 N e9~ ~5- Wrou~° J'*,J' CO~,C.~,~r~ g ~ SCALE: 1" = 80' - zz z FEE SIMPLE ~ ~ G ~ ~ INTEREST ~ ~ ~ ~ ~ ~ SEE SHEET I ~ ~.~ ~ MA ~HUNE / LEGAL DESCRIPTION AND' SKETCH SHEET 2 OF 5 THIS LEGAL DESCRIP~ON AND SKETCH PREPARED BY: DESCRIPgON: PARCEL I~ ' . ...... Progessioaat en~neers, ~lsnne~, & ]a~a ~m SCALE: 1"== 8Or~. . DATE: ~AN. 20. 200~ ~* c.~m ~ ~o~, ~ ~ ~ ~ ~ ~ ~,.~ ~*~l~?-,fu DRAWN BY: dAN PROJECT NO.: 8315 c~.~ *~""'" ""- ~ ~ -~ -- -- ~ (~,~no, ACAD NO:8668-SD19A FILE NOt 8668 AGENDA. ITEM .o.,_ MAR 2 3 200zt "'i Page of SECTION 21, TOWNSHIP 50 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA LEGAL DESCRIPTION OF PARCEL 116 ALL THAT PART OF THE NORTHEAST 1/4 OF THE NORTHEAST 1/4 OF SECTION 21, TOWNSHIP 50 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID SECTION 21; THENCE SOUTH 4'01'29" WEST ALONG THE EASTERLY LINE OF SAID SECTION 21 A DISTANCE OF 50,08 FEET TO THE SOUTHERLY RIGHT OF WAY LINE OF RATTLESNAKE HAMMOCK ROAD (C.R. 864) (100' - ROW) AND THE POINT OF BEGINNING OF THE PARCEL HEREIN BEING DESCRIBED; THENCE NORTH 89'15'45" WEST ALONG SAID SOUTHERLY RIGHT OF WAY LINE A DISTANCE OF 194.53 FEET; THENCE LEAVING SAID SOUTHERLY RIGHT OF WAY LINE SOUTH 0'44'15" WEST A DISTANCE OF 27.50 FEET ALONG THE WESTERLY BOUNDARY OF A PROPOSED DRAINAGE EASEMENT (AS SHOWN ON A SKETCH AND DESCRIPTION PROVIDED BY COLLIER COUNTY AND PREPARED BY RHODES AND RHODES LAND SURVEYING INC.) TO THE BEGINNING OF A NON-TANGENT CURVE CONCAVE SOUTHEASTERLY AND WHOSE RADIUS POINT BEARS SOUTH 0'47'31" WEST A DISTANCE OF 25.00 FEET; THENCE WESTERLY, SOUTHWESTERLY AND SOUTHERLY ALONG THE ARC OF SAID CURVE AND ALONG SAID BOUNDARY THROUGH A CENTRAL ANGLE OF 90'00'00" AN ARC DISTANCE OF 39.27 FEET; THENCE CONTINUING ALONG SAID BOUNDARY SOUTH 0'47'31" WEST A DISTANCE OF 454.03 FEET TO THE BEGINNING OF A CURVE CONCAVE EASTERLY AND HAVING A RADIUS OF 920.00 FEET; THENCE CONTINUING ALONG SAID WESTERLY BOUNDARY SOUTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 16'46'01" AN ARC DISTANCE OF 269.25 FEET; THENCE CONTINUING ALONG SAID BOUNDARY SOUTH 15'58'50" EAST A DISTANCE OF 208.76 FEET TO THE BEGINNING OF A CURVE CONCAVE WESTERLY AND HA~ING A RADIUS OF 1080.00 FEET; THENCE CONTINUING ALONG SAID BOUNDARY SOUTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 20'00'00" AN ARC DISTANCE OF .376.99 FEET TO AN INTERSECTION WITH THE EAST LINE OF THE NORTHEAST 1/4 OF SAID SECTION 21; THENCE ALO. NG THE EASTERLY BOUNDARY OF SAID PROPOSED R.O.W. AND DETENTION POND AND ALONG SAID EAST LINE NORTH 4'01'29' EAST A DISTANCE OF 1346.61 FEET TO AN INTERSECTION WiTH THE AFOREMENTIONED SOUTHERLY RIGHT OF WAY LINE AND THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED; CONTAINING 4.055 ACRES OF LAND MORE OR LESS; FEE SIMPLE INTEREST LEGAL DESCRIPTION AND_SKEtCH SHEET 5 OF 5 THIS LEGAL DESCRIPTION AND SKETCH PREPARED BY: DESCRIPTION: PARCEL 116 , ~l'~-~ '~'~-0 N~ TR~I S P 0 R ~-~fl 0 N OIVI§ION /20/04 SCALE.-.,. ,N,T.S.-' DATEiJAN. 20. 2004 DRAWN By: jAN PROJE~CT NO.: 8315 ACAD NOi8668;-SD19A FILE NO: 8668 MAE 2 3 200z Pg._ EXHIBIT /~ Page of SECTION 15, TOWNSHIP 50 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA PARCEL NO. ~? PROPERTY OWNER: TSI/NAPLES Uidl]gD --==z:::~ PARTNERSHIP SEE SHEET 2 OF 5 Rg~RgNC~: o,~. xxxx. P~. ~ MA TCHLINE SCALE: 1" = 80' STRAP NO.: 506900 ~D ~5B~5 AREA OF TAKE: t.303 ACRES [ AREA OF REMAINDER: X, XX ACRES * ~ I , . , , ~:] FEE SIMPLE ~ ~ I~EREST P.O.C. = POINT OF COMMENCMENT P.O.B. = POINT OF BEGINNING R.O.W. = RIGHT-OF-WAY LEGAL DESCRIPTION AND SKETCH SHEET 1 OF 5 THIS LEGAL DESCRIPTION AND SKETCH PREPARED BY: DESCRIPTION: PARCEL 117 Profe~JJonal en~lneer~, pl.nne~. ~ land su~rs SCALE: 1" = 80' DATE: SEPT, 29. 2~ c.~. c.~ ~ ~. ~ ~ ~. ~.~ ...:., ~ .~o. (.~,)~w-.:~ DRA~ BY: JAN PROJECT NO.: 8315 c.~ d ..~..~ ... ~ ~m m, n ~. ~ (,~:~,~-n~ ACAD NO: 8668-S015 FILE NO: AGENDA ITEM No.._ HAR 2 3 2004 EXHIBIT/~ Page ~.,of ] ~ ,L SECTION 15, TOWNSHIP 50 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA PARCEL NO. 117 PROPERTY OWNER: 'fSI/N^PL[$ UMF'r£D p ARTNI~R~tIIP REFERENCE: 0.R, xxxx, PG. YYYY 5TRAP NO.: 50690(~ FD AREA OF TAKE: 1.303 ACR[~ AREA OF REMAINDER: X. XX ACRES ± ~E SHEET 3 OF 5 MA TCHLINE FEE SIMPLE INTEREST P.O.C. P.O.B. R.O.W. = POINT OF COMMENCMENT = POINT OF BEGINNING = RIGHT-OF-WAY SCALE: 1" = 80' ~ o COLLEGE PARK HOLDINGS, LID. O.R. BOOK 24,43, PAGES 2349 THRU 2350 $Tw.aP ~ 502622005.00051~£2 SECTION 22, TOWNSHIP 50 SOUTH, RANGE 26 EAST MA TCHLINE SEE SHEET I OF 5 LEGAL DESCRIPTION AND SKETCH' SHEET 2 OF 5 THIS LEGAL DESCRIPTION AND SKETCH PREPARED BY: DESCRIPTION: PARCEL 117 CLIENT: COLLIER COUNTY TRJ~NSPORTATION DIVISION REVISION: / "~EORGE-~V.~HAdKt~Y, P.S.M. NO. 5606 SCALE: 1" = 80' DATE:SEPT. 29. 200~ DRAWN BY: ~AN PROJECT NO.: 8.315 ACAD NO:8668-SO15A FILE NO: 8668 ~AR 2 3 200~, Pg. EXHIBIT. P.oo o SECTION 15, TOWNSHIP 50 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA PARCEL NO. 117 PROPERTY OWNER: _TBs/NAPLES LIMITED PARTNERSHIP REFEREt~CE: O.R. xxxx, PG. YYYY SCALE: 1" = 80' STRAP NO.: .586900 FO 15815 ARrA OF TAKE: 1.3o3 AC~ES SEE SHEET 4 OF 5 AREA OF REMAINDER: x.xx ACRES ± MA TCHUNE 4- I I FEE SIMPLE INTEREST I S~OOL ~OARD OF COLLIER C~N~ ~ I O.R. B~K ~209, PAGE 1073 S~AP ~ 502622006.0005B22 MA TCHUNE P.O.C. = POINT OF COMMENCMENT SEE ~EET 2 OF 5 P.O.B. = POINT OF BEGINNING R.O.W. = RiGHT-OF-WAY LEGAL DESCRiPTiON AND SKETCH SHEET 3 OF 5 THIS LEGAL DESCRIPTION AND SKETCH PREPARED BY: DESCRIPTION: PARCEL 117 ~'"'"'~ GNO~ CLIENT: COLLIER COUNTY TRANSPORTATION DIVISION RE'SION: Professioaa] enai~eer~, pla~em, ~ lan~ a~r~m SCALE: 1" = ~0' DA~:SEPT. 29. 2005 c.m.. c.~ ~ ~. ~ ~ w~, ~ s.~., ~ .~.s (.~,~-s,. ORA~ BY: dAN PROJECT NO.: 8515 ~'~ '~ *~'~ ""- ~ "~ "* "'~ ~ ("'~' ACAD NO: 8668-SD15B FILE NOt 866~ AGENDA ITEM No._ //_,~'~ MAR 2 3 200 Pg. 9"~ I EXHIBIT_ P~ge~¥ ¸1. SECTION 15, COLLIER PARCEl NO. H7 PROPERTY OWNER: TBI/NAPLES LIMFfED PARTNERSHIP REFERENC'C: O.R. XXXX, PO. YYYY STRAP NO.: 506900 FO 151~15 AREA OF TAKE: 1.303 AC~ES AR£A OF REMAINOER: x.xx ACRI[$ + TOWNSHIP 50 SOUTH, RANGE 26 COUNTY, FLORIDA SCALE: 1" = 80' EAST P.O.C. P.O.B. R.O.W. FEE SIMPLE INTEREST = POINT OF COMMENCMENT = POINT OF BEGINNING = RIGHT-OF-WAY MA TCHUNE SEE SHEET 3 OF 5 LEGAL DESCRIPTION AND SKETCH SHEET 4 OF 5 THIS LEGAL DESCRIPTION AND SKETCH PREPARED BY: DESCRIPTION: PARCEL 117 CLIENT: COLLIER COUNTY TRANSPORTATION DI'vlSION 1/15/04 /' '~EORGE W. HA(~.I,~EY, P.S.M. NO. 5606 ~ SCALE: 1" = 80' DATE:SEPT. 29. /DRAwN BY: ~IAN PROJECT NO.: 8315 ACAD NO:8668-SD15C FILE NO: 8668 AGENOA. ITEM No. 1',4AR 2 3 200~ ,,g. EXHIBIT Page_~LL~ SECTION 15, TOWNSHIP 50 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA LEGAL DESCRIPTION OF PARCEL 117 ALL THAT PART OF NAPLES LAKES COUNTRY CLUB AS RECORDED IN PLAT BOOK 3,3, PAGES 7 THROUGH 15 PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: ALL OF THE PARCEL DESCRIBED AS " 25' RESERVED FOR RATTLESNAKE HAMMOCK ROAD RIGHT OF WAY ACQUISITION BY COUNTY" LYING IN THE FUTURE DEVELOPMENT D.E., M.E. & A.E AS SHOWN ON SHEET 7 OF 8 OF THE ABOVEMENTIONED PLAT SAID PARCEL BEING THE SOUTHERLY 17.50 FEET OF SAID FUTURE DEVELOPMENT D.E., M.E. & A.E.; CONTAIN]NO 1.,303 ACRES OF LAND MORE OR LESS; FEE SIMPLE INTEREST LEGAL DESCRIPTION AND SKETCH SHEET ,5 OF 5 THIS LEGAL DESCRIPTION AND SKETCH PREPARED BY: DESCRIPTION: PARCEL 1117 iiiiA CLIENT: COLUER COUNTY TRANSPORTATION D,VISION GNOLi ' ~ BER & I/'15/04 BY: ~GEC~R~;E W. P.S.M. NO. 5606 Profesalonel engJTleeT$, pl~nrlers, & land sur~eyor~ SCALE: N,T.S, DATE:SEPT. 29. 2003 co~.. ~.~t~. ~.~u, .o. ~,,~, T~,,~-..~ ~-.~ .,,~= ..~,~#. ~. s,.~ (..)~.?-suJ DRAWN BY: ~AN PROJECT NO.: 8315 c..,u...~. ,.,, ~,.~,..~,u..... ~a '~'~"* =~' "" '~ ("')~"~~ ACAD NO: 8668-SD15(; FILE NO: 8668 MAR 2 3 200~ Pg' ¢,.~' J EXHIBIT ~ Page ~7 of i/7~t SECTION 22, TOWNSHIP 50 SOUTH, RANGE 26 EAST COLLIER COUNTY, PARCEL NO. 118 PROPERTY OWNER: COLLEGE PARK HOLDINGS. LTD. REFERENCE: O.R. ;[443, POS. 2349-g~50 STRAP NO.: 502622005.0005822 AREA OF TAKE: 0.350 ACRES AREA OF RE~fAINDER: x. xx ACRES ~ SCALE: 1" = 80' FEE SIMPLE INTEREST 8 RUNWAY AND TAXIWAY EA..~E~ENT O.R. SOOK PAGE 301 iflI V~NG SOUTH AIRPARK STRAP t 502616164.0005B~6 P.O.C. -- POINT OF COMMFNCMENI P.O.B. = POINT OF BEGINNING I R.O.W. = RIGHT-OF-WAY FLORIDA F~-ORENCE B. ROSS, TRUST O.R. BOOK 77B, PAGE 1148 S'~AP ~1 502622o02.0015~22 ASSOCIATED REAL ESTATE SW, INC. O.R. BOOK I~34, PAGES 936 I~RU 938 STRAP ! 50262100~.0005~2! "l' SECTION 21, TOWNSHIP 50 SOUTH, RANGE 26 EAST LEGAL DESCR!PTION AND SKETCH SHEET 1 OF 2 THIS LEGAL DESCRIPTION AND SKETCH PREPARED BY: wi~kGNOL~ DESCRIP'RON: PARCEL 118 CLIENT: COLLIE~ COUNTy TR~t~SPORTATION DIVISION REVISION: t ~;EORGE W.'HACKNEY, P.S.M. NO. 5606 SCALE: 1" = 80' DATE:SEPT. 26. 200~ DRAWN BY: ~)^N PROJECT NO.: 8315 ACAD NO:8668-SD~ FILE NO: 8668 AGENDAJTEM No._ NAR 2 3 2004 Pg._. ~' EXHIBIT Page ._(~2 of SECTION 22, TOWNSHIP 50 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA LEGAL DESCRIPTION OF PARCEL 118 ALL THAT PART OF THE COLLEGE PARK HOLD[NOS, LTD, PROPERTY AS DESCRIBED IN OFFICIAL RECORDS BOOK 2443, PAGES 2349 AND 2550 SAID PROPERTY ALSO LYING IN THE NORTH 1/2 OF THE NORTHWEST 1/4 OF SECTION 22, TOWNSHIP 50 SOUTH, RANGE 26 EAST COLLIER COUNTY FLORIDA AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS; THE NORTHERLY 25.00 FEET OF THE AFOREMENTIONED NORTH 1/2 OF THE NORTHWEST 1/4 OF SECTION 22 LYING SOUTHERLY OF RATTLESNAKE HAMMOCK ROAD (C.R. 864) AND LYING WESTERLY OF THE FLORENCE B. ROSS TRUST PROPERTY AS DESCRIBED tN OFFICIAL RECORDS BOOK 778 PAGE 1148 PUBLIC RECORDS OF COLLIER COUNTY FLORIDA; CONTAINING 0.,350 ACRES OF LAND MORE OR LESS; FEE iNTEREST LEGAL DESCRIPTION AND. SKETCH SHEET 2 OF 2 ]'HIS LEGAL DESCRIPTION AND SKETCH PREPARED BY: !DESCRIPTION: PARCEL 118 iili1 CL,ENT: COLL, ER COUNT NS'oRTAT, O. Not/ REVISION: ?z'otesalonal en~Laeell, pla]~.~e~, & land su~w~or. SCALE: N,T.S. DATE:SEPT. 26. b. corm ~.,.. ~o~, ~e. ~.,a.~. ~ ..t ~... ~s.e~ (.,.)ss-~-~.~ DRAWN BY:., ,}AN PROJECT NO.: 8.:31.,5 c,.,....~., ...,.~.~..,, .~ u~ ~ ~ n .e4 '~ {"~'-""' AcAD NO: ~1{~68-SD5 FILE NO: 8668 AGENp.~ ITEM MAR 2 3 200 ,, 97 EXHIBIT Page ~6~ of /~,¢~/~ SECTION 22, COLLIER PARCEL NO. 718 PROPERTY OWNER: COLLEGE PARK HOLDINGS. LTD, REFERENCE: O.R. 24.43, PG$. 2349-2350 STRAP NO.: 50;~62;[OQ5.OOOSB22 SCALE: 1" = ,80' T~Y CONSTRUCTION EASEMEN" (DURATN:3~: 3 YEARS FROM ~)MM~NCEMENT OF CONSTRUe TOWNSHIP ,_50 5;OUTH, RANGE 26 EAST COUNTY, FLORIDA FLORENCE B. ROSS, TRUST O.R. BOOK 778, PACE 1148 STRAP ~ 502522002,0015B22 I ! RUNWAY AND TAXlWA Y EASEMENT O.R. BOOK 595° PAGE30' R,1NG SOUTH AIRPARK P.O.C. = POINT OF COMMENCIVI£NT P.O.B, POINT OF' BEGINHING E.O.W. = EIGHT-OF-WAY ASSOCIATED REAL ESTATE StY, INC. O.R. BOOK 1134, PAGES 9.t6 THRU 938 STRAP ~1 502621001,0005B2! SECTION 21, ~'OFe",ISHIP 50 SOUTH, RANGE 26. EAST L[GAL D~$CR~PT~O~ AND ,SKETCH 5HF[T ~ OF 2 THIS LEGAL DESCRIPTION AND SKETCH PREPARED BY: DESCRIPTION: 718 CLIENT: COLLIER COUNTY TRANSPORTATION DIVISION REVISION: 1/7/04 'GI~OCI~E V~. HACKNEY, P.S.M. NO. 5606 SCALE: 1" = 80" DATE: OCT. 2. 200,,3 DRAWN BY: d/~H PROJECf NO.: 851.5 ACAD NO:8672-SD4 FILE NO: 8672 MAR 2 3 200zt Pg. ¢~ EXHIBIT /J SECTION 22, TOWNSHIP 50 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA ALL THAT PART OF THE NORTH 1/2 OF THE NORTHWEST 1/4 OF SECTION 22, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, LYING SOUTHERLY OF RATTLESNAKE HAMMOCK ROAD (C.R. 864) (100' RIGHT OF WAY) AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS; PARCEL 718 ' COMMENCIN. G AT THE NORTHWEST CORNER OF SAID SECTION 22; THENCE SOUTH 4'01'29" WEST ALONG THE WESTERLY LINE OF SAID SECTION 22 A DISTANCE OF 50.08 FEET TO AN INTERSECTION WITH THE SOUTHERLY RIGHT OF WAY LINE OF SAID RATTLESNAKE HAMMOCK ROAD; THENCE CONTINUING ALONG SAID WESTERLY LINE AND ALONG THE WESTERLY BOUNDARY OF THE COLLEGE PARK HOLDINGS PROPERTY AS RECORDED IN OFFICIAL RECORDS BOOK 244.3 PAGES 2,349 AND 2,350 PUBLIC RECORDS OF COLLIER COUNTY FLORIDA SOUTH 4'01'2g" WEST A DISTANCE OF 25,15 FEET TO THE POINT OF BEGINNING OF THE PARCEL HEREIN BEING DESCRIBED; THENCE CONTINUING ALONG SAID LINE AND ALONG SAID BOUNDARY SOUTH 4'01'2g" WEST A DISTANCE OF 10.06 FEET; THENCE LEAVING SArD LINE AND SAID BOUNDARY NORTH 87'48',34" EAST ALONG A LINE 35.00 PEET SOUTHERLY OF AND PARALLEL WITH SAID RIGHT OF WAY LINE A DISTANCE OF 6t0.50 FEET; THENCE CONTINUING ALONG SAID EASTERLY LINE NORTH ,3'36'54" EAST A DISTANCE OF 10.05 FEET; THENCE LEAVING SAID LINE SOUTH 87'48'`34" WEST ALONG A LINE ,35.00 FEET SOUTHERLY FROM AND PARALLEL WITH SAID RIGHT OF' WAY LINE A DISTANCE OF 610.4,3 FEET; INTERSECTION WITH THE AFOREMENTIONED EASTERLY LINE AND THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED; CONTAINING 0.140 ACRES OF LAND MORE OR LESS; (I)URAT]N~'' f KJN EASEMENT i~N' $ YEARs F COMMENCEMent- -- ROM '::~ f UF CONSTRUCTiOf LEGAL DES¢R pTION'AND. SKETC~I':SHEET 2 OF 2 THIS LEGAL DESCRIPTION AND SKETCH PREPARED BY: DESCRIPTION: 718 ' .., , ..... !~RUN])A(]~,~. 1/7/04 ' G~:O~GE.~N. -HACK~I~Y, P.S.M. NO. 5606 ' Pl'olesslonsl en~,lneerl, plaane~-~. & land s,,ul-~7~i1 SCALE: . N.T.S, r,~ (m~:)~m-n~m ACAD NO:8672-$D4 FILE NO: 8672 EXHIBIT Page ~L~ Of l I')~ SEC TI ON 22, TOWNSHIP 50 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA PARCEL NO..119 PROPERTY OWNER: FLORENCE B. ROSS. I~UST REFERENC~C: Q.R, 778, p(;;. H,~6 STRAP NO.: 502622002.0015B22 AREA OF TAKE: 8.76 ACR~ AREA OF REMAINDER: xxxx SO. FT, * FUTURE DEVELOPMENT D.E., M.£. & A.E. NAPLES LAKES COUNTRY CLUB PLAT BOOK 33, PAGES 7 THRU 15 TBI/NAPLES LIMITED PARTNERSHIP STRAP Il 50~900 FD t5815 245+00 243+00 SCALE: .FEE SIMPLE INTEREST SEC~ON 15, TOWNSHIP 50 SOUTH, RANGE 26 EAST 247+00 RAT~ESNAKE HAMMOCK ROAD (C.R. 864) (100' R.O.W.) P.O.C. P.O.B. R.O.W. 1" = 80' J I = POINT OF COMMENCMENT = POINT OF BEGINNING = RIGHT-OF-WAY FLORENCE g. ROSS, TRUST O.R. BOOK 778, PAGE If48 STRAP I~ 502622002.0015B22 SECTION 22, TOWNSHIP 50 SOUTH, RANGE 26 EAST PARCEL 119 MA TCHUNE SEE SHEET 2 OF 3 LEGAL DESCRIPTION AND SKETCH SHEET 1 OF ,3 THIS LEGAL DESCRIPTION AND SKETCH PREPARED DESCRIPTION: PARCEL 119 CLIENT: COLLIER COUNTY TRANSPORTA'~ON. DIV'~SION REVISION: 1/6/o4 GEORGE W. HA~'KNEY, P.S.M. NO, 5606 SCALE:- 1" = 80' DATE:OCT. 29. 200,3 DRAWN BY: 'JAN . PROdECT NO.: 8515 ACAD NO:8668-SD4 FILE NO: 866~ MAR 2 3 200q pg. i0'0 EXHIBIT Page ~,/O of SECTION 22, TOWNSHIP 50 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA PARCEL NO. 119 PROPERTY OWNER: FLORENC~; B. ROSS, mUST SEE SHEET ! OF' ,3 MA TCHUNE REFERENCE: o.R. 778, PG. 1148~~~~ STRAP NO.: ~02622~2.0015B22 AREA OF TAKE: 8.76 A~ES AREA OF REMAINDER: XXXX sq. FT. ~ ~OR~CE B. ROSS, ~UST , O.R. BOOK 778. PAGE I~48 S~AP ~ 502622002.0015~22 N ~ SEC~ON 22, TO~SHtP 50 SOU~, RANGE 26 EAST t ~ // PARC~ I I FEE SIM~E I I~EREST I P.O.C. = POINT OF COMMENCMENT P.O.B. = POINT OF BEGINNING R.O.W. = RIGHT-OF-WAY LEGAL DESCRIPTION: AND SKETCH SHEET 2 OF 5 THIS LEGAL DESCRIP~ON AND SKETCH PREPARED BY: DESCRIP~ON~ PARCEL 119 .....~'0' RE'SIoN:CLIENT: COLLI~Rj COUNTY ~'RA~ORTA' TION DI~SION Professional en~eer~, pl~nne~. & t~aa s~veyo~ SCALE: 1" = 80' DA~:OCT. 29. 20~ ~ c.~ ~ ~'~' ~"=~ ~"~ ~'~ ~ ~". ~ ~, (,~m~-~ DRA~ BY: ~N PROJECT NO.: 8315 c~..~ ~ *.~.u....~ ~ .. ~... ~ ("~"-"0~ ACAO NO: 8668-SD4A FILE NO: 8668 AGEND~A~ IT_.EM 1 NAR 2 3 2006 I EXHIBIT Page ~ SECTION 22, TOWN.SHIP 50 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA LEGAL DESCRIPTION OF PARCEL 119 ALL OF THE FLORENCE B ROSS, TRUST PROPERTY AS DESCRIBED ON THE WARRANTY DEED RECORDED IN OFFICIAL RECORDS BOOK 778 PAGE 1148 PUBLIC RECORDS OF COLLIER COUNTY FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS; THE WEST 1/2 OF THE EAST 1/2 OF THE NORTHWEST 1/4 OF THE NORTHWEST 1/4 OF SECTION 22, TOWNSHIP 50 SOUTH, RANGE 26 EAST COLLIER COUNTY FLORIDA, LESS THE NORTHERLY 50.00 FEET FOR ROAD RIGHT OF WAY PURPOSES, (C.R. 864) AND THE WESTERLY AND SOUTHERLY 15.00 FEET FOR INGRESS AND EGRESS PURPOSES. CONTAINING 8.76 ACRES OF LAND MORE OR LESS; FEE INTEREST LEGAL DESCt~tF/.TtON ABD SKETCH SHEET 5 OF 3 THIS LEGAL DESCRIPTION AND SKETCH PREPARED BY: .... DESCRIPTION: PARCEL 119 '- CLIENT: COLLIER C.OUNTY.'{RANS~ORTA~ION OIV~SION :, 1/6/04 G-~'~)RG-'~'W, HACKNEY, P.S,M. NO. 5606 I',SCALE: ,'N.T.S. DATE:OCT. 29. 200] J BI'AWN BY.' dAN PROJECT NO.: 83i~ I ACAD NO:8668-SD4A FILE NO: 8668 AGEND~ ITEM NO.,_ MAR 2 3 200zt EXHIBIT Page ~"(~f_ SECTION 22, TOWNSHIP 50 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA PARCEL NO. d20 PROPERTY OWNER: SCHOOL BOARD OF COL_UE~R COUNTY REFERENCE: O.R. 2209, PG. 1075 S~AP NO.: ~O2622006.0~5822 SCALE: 1" = BO' AREA OF TAKE: ?629 sq. FT. AREA OF REMAINDER: xxxx sq. FT. I I FEE SIMPLE I~EREST I ' P.O.C. = POINT OF COMMENCMENT P.O.B. = POINT OF BEGINNING R.O.W. = RIGHT-OF-WAY LEGAL DESCRIPTION AND SKETCH SHEET 1 OF 2 THIS LEGAL DESCRIPTION AND SKETCH PREPARED BY: DESCRIP~ON: PARCEL 120 ~ CLIENT: COLLIER COUNTY TRANSPOR'TA~ON D,~SION ,0. REVISION: .~/ Profeslional engineer, pllnnerl, & l~nd sur~yo~ SCALE: 1" =' 80' DATE:SEPT. 26. 200~ ~ c.~ ~ ,,i, ~ ~.~ ~ ~.~ ~, ~ s~,o~ (,~)~-st. DRA~ BY: ~AN PROJECT NO.: 83~5 c.~.~., ,.~,~.~ .., ~ ~.,. ~,. ~'~ {"~"-~ ACAD NO: 8668-SD5 FILE NO: 8668 AGEN(~),A ITEM No.. /g~ MAR 2 3 200~ EXHIBIT_,~.__ SECTION 22, TOWNSHIP 50 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA LEGAL DESCRIPTION OF PARCEL 120 ALL THAT PART OF THE SCHOOL BOARD OF COLLIER COUNTY, PROPERTY AS DESCRIBED IN OFFICIAL RECORDS BOOK 2209 PAGE 1075 PUBLIC RECORDS OF COLLIER COUNTY FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: THE NORTHERLY 25.00 FEET OF THE SCHOOL BOARD OF COLLIER COUNTY, PROPERTY BEING THE EAST 1/2 OF THE EAST 1/2 OF THE NORTHWEST 1/4 OF THE NORTHWEST 1/4 OF SECTION 22, TOWNSHIP 50 SOUTH, RANGE 26 EAST COLLIER COUNTY FLORIDA LESS THE NORTHERLY 50.00 FEET FOR RATTLESNAKE HAMMOCK ROAD RIGHT OF WAY; CONTAINING 762g SQUARE FEET OF LAND MORE OR LESS; FEE $1MI:~.E INTEREST THIS LEGAL DESCRIPTION AND SKETCH PREPARED BY: LEGAL DESCRIPTION AND SKETCH SHEET 2 OF 2 DESCRIPTION: PARCEL 120 CLIENT: COLLIER COUNTY TRANSPORTATION DIVISION CE~R~'£ ~/.-HACKNEY,(~.S.M. NO. 5606 SCALE: N.T.S. DATE:SEPT, 26. 200~ DRAWN BY: ~IAN PROJECT NO.: 8315 ACAD NO:8668-SD5 FILE NO: 8668 HAR 2 3 Pg. Joq EXHII~I'I"_ ./J . Page._.~_.. of._~ SECTION 22, TOWNSHIP 50 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA PARCEL NO. 720 PROPERTY OWNER: SCHOOL BOARD OF COLLIER COUNTY REFERENCE: 2~0g, PO. 170.3 STRAP NO.: _502622010.0005B:~2 I I' SCALE: 1" = 80' ~ ~],,~. ~ 1 TEM~YDR~AY~EMENT z ~ ~'~' ~ RES~N (~: 3 Y~S FROM J ~ ~ ~ o ~ ~ COMMENCEME~ OF CON,RUCTION) j ~ ~ ~.o.~. = ~O~T o~ CO.~NC~N~ P.O.B. = POINT OF BEGINNING R.O.W. = RIGHT-OF-WAY LEGAL DESCRIPTION AND SK. ETCH SHEET 1 OF ~lS LEGAL DESCRIPTION AND SKETCH PREPARED BY: DESCEIP~ON: PARCEL 720 mmam.m~UNDAGE,~ 1/15/04 ~RGE ~ACKNEY, P.S.M. NO. 5606 P~/essioael englaee~, planners, & lane s~yo~ SCALE: 1" = 80' DATE: OCT. 2. 2003 ~ c.~ ~ ,D~. ~ ~.~ ~.~ ~ ~--.. ~ ~l (~,-s.~ DRA~ BY: JAN PROJECT NO.: 8315 c~..~ .e i.~.u..~. ~ ss. ~a ~ .~ ~ (,,,~s~ ACAO NO: 8672'S06 FILE NO: 8672 MAR ? 3 2OOzt EXHII31T P,,o,, Ir? / SECTION 22, TOWNSHIP 50 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA LEGAL DESCRIPTION OF PARCEL 720 ALL THAT PART OF THE NORTH 1/2 OF THE NORTHWEST 1/4 OF SECTION 22, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA LYING SOUTHERLY OF RATTLESNAKE HAMMOCK ROAD (C.R. 864) (100' RIGHT OF WAY) AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS; COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 22; THENCE NORTH 87'48'34" EAST ALONG THE NORTH LINE OF SAID SECTION AND THE SURVEY BASEL!NE OF SAID RATTLESNAKE HAMMOCK ROAD A DISTANCE OF 577.99 FEET; THENCE SOUTH 2'11'26" EAST A DISTANCE OF 50.00 FEET TO THE SOUTHERLY RIGHT OF WAY LINE OF SAID RATTLESNAKE HAMMOCK ROAD; THENCE CONTINUE SOUTH 2'11'26" EAST A DISTANCE OF 25.00 FEET TO THE POINT OF BEGINNING OF THE PARCEL HEREIN BEING DESCRIBED; THENCE CONTINUE SOUTH 2'11'26" EAST A DISTANCE OF 30.00 FEET; THENCE NORTH 87'48'54" EAST ALONG A LINE 55.00 FEET SOUTHERLY OF AND PARALLEL WITH SAID RIGHT OF WAY LINE A DISTANCE OF 55.00 FEET; THENCE LEAVING SAID LINE NORTH 2'11'26" WEST A DISTANCE OF 50.00 FEET; THENCE SOUTH 87'48'34" WEST ALONG A LINE 25.00 FEET SOUTHERLY OF AND PARALLEL WITH SAID RIGHT OF WAY LINE A DISTANCE OF 55.00 FEET TO THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED; CONTAINING 1,650 SQUARE FEET OF LAND MORE OR LESS; TEMPORARY DRIVEWAY RESTORATION EASEMENT (DURATION: 3 YEARS FROM COMMENCEMENT OF CONSTRUCTION) THIS LEGAL DESCRIPTION AND SKETCH PREPARED BY: LEGAL DESCRIPTION AND SKETCH SHEET 2 OF 2 DESCRIPTION: PARCEL 720 CLIENT: COLLIER COUNTY TR^NSPORTA~I(~N DIVISION REVISION: 1/15/o,~ 'G~ER~GE~ ~,'vH~41~E , P.SiM. NO. 5.5606 SCALE: . .N.T.S. "BATE: OCT. 2. 200,.] DRAWN BY:,- - ,)AN PROJECT NO.: 8,315 ACAB NO: 8672=~3D6 "" FILE NO: 8672. EXHII IT P1 SECTION 22, TOWNSHIP 50 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA PARCEL NO. ~2~ PROPERTY OWNER: SCHOOL BOARD OF COt_LIER REFERENCE: O.R. 2835, PO. 2460 STRAP NO.: 50~26~2010.0005Bg:~ AREA OF TAKE: ,o.231 ACRES I I AREA OF REMAINDER: ~.xx ACRES ~ I~EREST I I P.O.C. = POINT OF COMMENCMENT P.O.B. = POINT OF BEGINNING R.O.W. = RIOHT-OF-WAY LEGAL DESCRIPTION AND SKETCH SHEET 1 OF 2 ~IS LEGAL DESCRIPTION AND SKETCH PREPARED BY: DEscRIPTION: PARCEL 121 - ~[esslon~l engineers, planners, & l~n4 ~u~yo~ SCALE: 1~ = 80' DATE: SEPT. 26. 2005 corm ~ ~,~, :.~ s.~ ~ ~ ~. ~ ~ (~,~}~-o~u DRA~ BY: JAN PROJECT NO.: 8515 c~ .r *.~........ ~ ~ ~. ~e. ~ ~"')"~ ACAD NO: 8668-SD6 · FILE NO: 8668 EXHIBIT L SECTION 22, TOWNSHIP 50 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA LEGAL DESCRIPTION OF PARCEL 121 ALL THAT PART OF THE SCHOOL BOARD OF COLLIER COUNTY, PROPERTY AS DESCRIBED IN OFFICIAL RECORDS BOOK 2835 PAGE 2460 PUBLIC RECORDS OF COLLIER COUNTY FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: THE NORTHERLY 25.00 FEET OF THE SCHOOL BOARD OF COLLIER COUNTY, PROPERTY BEING THE WEST 400.00 FEET OF THE NORTHEAST 1/4 OF THE NORTHWEST 1/4 OF SECTION 22, TOWNSHIP 50 SOUTH, RANGE 26 EAST COLLIER COUNTY FLORIDA LESS THE NORTHERLY 50.00 FEET FOR RATTLESNAKE HAMMOCK ROAD RIGHT OF WAY; CONTAINING 0.231 OF AN ACRES OF LAND MORE OR LESS; FEE SIMPLE INTEREST LEGAL DESCRIPTION AND SKETCH SHEET 2 OF 2 THIS LEGAL DESCRIPTION AND SKETCH PREPARED BY: ~OI'l, mm mm .... B~l,~ &o m mmmmm [ J~ofm~2nol enftnoom, planne~, & lend eur*~yoF~ DESCRIPllON: PARCEL 121 COLLIER COUNTY TR~t"SPORTATI® DIVISION CLIENT: 1"~T~-/o4 /3EOROF_ W. HAC NEY, P.S.M. NO. 5606 SCALE: N,T,5.. DATE:SEPT. 26. 20_0_~ DRAWN BY: ~IAN PROJECT NO.: 8315 ACAD NO:8668-SD6 FILE NO: 8668 ,, MAR 2 3 200~ EXHIBIT Page_ (,f',~- of /~,~ SECTION 15, TOWNSHIP 50 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA PARCEE NO. 122 PROPERTY OWNER: T._ByNAPLES UMITED P A~R TNERSHIP -- '~~ ---~ R£F£RENCE: O.R. XXXX, PO. YYYY $CA£E: 1" = 80' STRAP NO.: _506gooco~F 15BI5 AREA OF TAKE: 0.205 ACRES .~, AREA OF REMAINOER: X.XX ACRES ± NAPLES ~KES COUNTY ~UB ~ IN~RNEss CLUB m~ ', , ' ' ~ ~ ~ J ~ ~i ~ FEE SIMPLE ~ ~ INTEREST I I NAPLES ~KES COUNTY CLUB P~T BOOK 33, PAGES 7 ~RU 15 I P.O.B. = POINT OF BEGINNING R.O.W. = RIGHT-OF-WAY LEGAL DESCRIPTION AND SKETCH. SHEET 1 OF 2 THIS LEGAL DESCRIPTION AND SKETCH PREPARED BY: DESCRIP~ON: PARCEL 122 :' P~fe.stonel eagl,eet., planners, A lend surveyors SCA~E: 1" = ~ DA~: SEPT. 29. 2005 ~ c.~ ~ ~o~, tm~ u~ ~ ~.~ ~. ~ n,o~ ~.~ d *.~.~. ,,k ~ ..~ .* n ~. ~ ('~')""-:~ ACAD NO: 8668-$0~ ~ FILE NO: 86~ MAR 2 3 2004 'i pg. /07 EXHIBIT .,,.'{- SECTION 15, TOWNSHIP 50 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA LEGAL DESCRIPTION OF PARCEL 122 ALL THAT PART OF NAPLES LAKES COUNTRY CLUB AS RECORDED IN PLAT BOOK .35, PAGES 7 THROUGH 15 PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: ALL OF THE PARCEL DESCRIBED AS " 25' RESERVED FOR RATTLESNAKE HAMMOCK ROAD RIGHT OF WAY ACQUISITION BY COUNTY" LYING IN THE GOLF COURSE MAINTENANCE TRACT AS SHOWN ON SHEET 7 OF 8 OF THE ABOVEMENTIONED PLAT SAiD PARCEL BEING THE SOUTHERLY 25,00 FEET OF SAID GOLF COURSE MAINTENANCE TRACT; CONTAINING 0.205 OF AN ACRE OF LAND MORE OR LESS; FEE SIMPLE INTEREST LEGAL DESCRIPTION AND' SKETCH SHEET 2 OF 2 THIS LEGAL DESCRIPTION AND SKETCH PREPARED BY: I.1.. R~INDAGE,~.IIIIII DESCRIPTION: PARCEL 122 CLIENT: COLLIER COUNTY TRANSPOR'[A.TfON DIVISION BY: . 1/15/04 ~ ~oR(~'~W;-F~ACK~LLY, P.S.M. NO. 5606 ISCALE; ' N,T.S; CATE:SEPT. 29, DRAWN BY: ' ,, .~AN_ PROJECT NO.:_ 8.315 ACAD NO:8§68-SD16 FILE NO: 8668 AGENDA. ITEM MAR 2 3 200q P.. //o EXHIi IT Page_ SECTION 15, TOWNSHIP 50 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA PARCEL NO. PROPERTY OVeqER: ,NAPLI~S LAKES COUNTRy REFERENCE: O.R. 2601, PC;. 650 STRAP NO.: 506900 R 15Bt5 AREA OF TAKE: O,061 ACRES SCALE: 1" = 80' AREA OF REMAINDER: x.xx ACRES + P.O.C. = POINT OF COMMENCMENT P.O.B. = POINT OF BEGINN{NG E.O.W. = RIGHT-OF-WAY LEGAL DESC~PTIOH AND SKETCH THIS LEGAL DESCRiPTiON AND SKETCH PREPARED BY: DESCRIPTION: PARCEL ]~]~RUNDAGg .... 1/15/04 ~EOROE'w. ~A~NEY, P.S.M. NO. 5606 ~otesslo~l enElmeers, plaaners, & l~nd ~umyo. SCALE: 1" = 8~ DATE:~PT. 29. 2~ AGENDA I'['EM NO.L ./~'),~) 'HAR 2 3 200zl EXHI IIT SECTION 15, TOWNSHIP 50 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA LEGAL DESCRIPTION OF PARCEL 125 ALL THAT PART OF NAPLES LAKES COUNTRY CLUB AS RECORDED IN PI.AT BOOK PAGES 7 THROUGH 15 PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: A STRIP OF [_AND BEING 25.00 FEET IN WIDTH AND E~E]NO THE SOUTHERLY-MOST 25.00 FEET OF TRACT "R" INVERNESS CLUB DRIVE SAID STRIP ALSO BE!NO ADJACENT 70 RATTLESNAKE HAMMOCK ROAD; CONTAINING 0.061 OF AN ACRE OF LAND MORE OR LESS; FEE SIMPLE INTEREST LEGAL DESCRIPTION AND SKETCH SHEET 2 OF 2 THIS LEGAL DESCRIPTION AND SKETCH PREPARED BY: DESCRIPTION: PARCEL 12.3 CLIENT: COLLIER COUNTY TRANSPOR'rATIO~ DIVISION REVISION: ~E'O'-RGE W. H,~CKNEY. P.S.M. NO. 5606 SCALE: N.T.S. DATE: SEPT. 29~?,.~0_,~ DRAWN BY: ~IAN PROJECT NO.: 8.3t5 ACAD NO:B668-SD17 FILE NO: 8668 MAR 2 3 2004 Pg. I--XHl~i I /~ Page ~ od' of ('0/-/ SECTION 15, TOWNSHIP ,50 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA PARCEL NO. 723 PROPERTY OWNER: NAPLES LAKES COUN1N¥ CLUB REFERENCE: O.R. 2601, PG. 650 "==:::::~Z'~-{----~ STRAP NO.: 5069~ R I~15 SCALE: 1"= 80' ',, / I ~ -~ ~ ~' , ~ RES~N ~EMENT ~ I ~ ' ~ ', / COMME~ ~ CONSTRUCTION) I I 5~ I ~ -i R.O.C. = POINT OF COMMENCMENT P.O.B. = POINT OF BEGINNING R.O.W. = RIGHT-OF-WAY LEGAL DESCRIPTION AND SKETCH SHEET 1 OF THIS LEGAL DESCRIPTION AND SKETCH PREPARED BY: DESCRIP~ON: PARCEL 723 ~)~C"O" CLIENT: COLLIER COUN~ TRAN~oRTA~0N DI~SION .......... mmmmm~HER 4 BY: ~esston~ eag~m, ~]mnners, & land zu~m SCALE: 'i4 = 80' DATE: OCT. 7. 2003 com. ~ ~ ~. ,~ T ..... ~ ~..~ ..,,~ ~ ~ (,.)s.-,tis ORA~ BY: JAN PROJECT NO.: 8.315 c~.~., ~ ~' ~ ~ ~d ~ '~ ~ ~=~-~ ACAD NO: B6~2-SD1 ~ FILE NO: 8672 AGENDA ITEM MAR 2 3 2017t EXHIB I T P,g,, or (d/ SECTION 15, TOWNSHIP 50 SOUTH, RANGE 2.6 EAST COLLIER COUNTY, FLORIDA LEGAL DESCRIPTION OF PARCEL 72.3 THE NORTH 19.00 FEET OF' THE SOUTH 44.00 FEET OF TRACT "R" (INVERNESS CLUB DRIVE) OF NAPLES LAKES COUNTRY CLUB AS RECORDED IN PLAT BOOK 5.3 8 PAGES 8 THROUGH 15 PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS; COMMENCING AT THE SOUTHWESTERLY-MOST CORNER OF SAID TRACT "R" SAID CORNER LYING ON THE NORTHERLY RIGHT OF WAY LINE OF RATTLESNAKE HAMMOCK ROAD AND ALSO BEING THE SOUTHEASTERLY MOST CORNER OF GOLF COURSE MAINTENANCE TRACT OF SAID PLAT; THENCE NORTH 87'48'34" EAST ALONG SAID RIGHT OF WAY LINE A DISTANCE OF 25.00 FEET; THENCE LEAVING SAID LINE NORTH 2'11'26" WEST A DISTANCE OF 25.00 FEET TO THE POINT OF BEGINNING OF THE PARCEL HEREIN BEING DESCRIBED; THENCE NORTH 87'48'34" EAST ALONG A LINE 25.00 FEET NORTHERLY OF AND PARALLEL WITH SAID RIGHT OF WAY LINE A DISTANCE OF 96.00 FEET TO THE EASTERLY LINE OF SAID TRACT "R"; THENCE NORTH 2'11'19" WEST ALONG SAID EASTERLY LINE A DISTANCE OF 19.00 FEET; THENCE LEAVING SAID EASTERLY LINE SOUTH 87'48'54' WEST ALONG A LINE 44.00 FEET NORTHERLY OF AND PARALLEL WITH SAID RIGHT OF WAY LINE A DISTANCE OF 96.00 FEET TO THE WESTERLY LINE OF SAID TRACT "R"; THENCE LEAVING SAID LINE SOUTH 2'11'19" EAST ALONG SA1D WESTERLY LINE A DISTANCE OF 19.00 FEET TO THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED; CONTAINING 1,824 SQUARE FEET OF LAND MORE OR LESS; TEMPORARY DRIVEWAY RESTORATION EASEMENT (,DURATION: 3 YEARS FROM COMMENCEMENT OF CONSTRUCTIO~ THIS LEGAL DESCRIPTION AND SKETCH PREPARED BY: LEGAL DESCRIPTION AND SKETCH SHEET 2 OF 2 DESCRIPTION: PARCEL 725 CLIENT: COLLIER COUNTY TRANSPORTATION DIVISION REVISION: ~/15/o4 CGE'OI~E-W.~ I~A(~:~NEY, P.S.M. NO. 5606 SCALE: . N.T:'S, DATE: OCT. 7. 2003 DRAWN BY: .,lAN PROJECT NO.: 8.315 ACAD. N0:8672-S018 FILE NO: 8672 AGEND& ITEM No., MAR 2 3 200 EXHIBIT SECTION 1.5, TOWNSHIP 50 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA PARCEL NO. ~2~. PROPERTY OWNER: NAPLES LAKES COUNTRY CLUB SEE SHEET 2 OF' .3 REFERENCE: O.R. 2501. p(;. 650 MA TCHLINE STRAP NO.: 505900 R 15B15 ,AREA OF' R£MAIIVDER: X.XX ^C~ES + ~ ~ ~ ~ ~ ~ACT R DRI~ ~ r P.O.C. = PO1NT OF COMMENCMENT P.O.B. = POINT OF BEGINNING R.O.W. = RIGHT-OF-WAY LEGAL DESCRIPTION AND SKETCH SHEET 1 OF ~ls LEGAL DESCRIPTION AND SKETCH PREPARED BY: DESCRIP~ON: PARCEL 124 CLIENT: COLLIER COUNTY TRANSPORTAT}ON DIVISION w,wwmwmw'"I~ARBER h 1/15/04 ~o~GE ~: H~CKNEY. P.S.M. NO. 5606 RUNDAG~,~.mmmmmm ~ofesslo~al engineers, pl~nne~. & land sur~yo~ SCALE: I" 80' DATE:~[PT. 29, 2003 MAR 2 3 200z Pg.. ///,..~ EXHIBIT /~ Page, I~/_ of /04 SECTION PARCEL NO. 12,4 PROPER'fY OWNER: NAPLES LAKES COUNTRY REFERENCE: P.a. 33, P~S. 7-15 STRAP NO.: 5069(~Q R 15B~5 AREA OF TAKE: o. 617 ACRES AREA QF REMAINDER: X. XX ACRE~ * SCALE: 1" = 80' 15, TOWNSHIP 50 SOUTH, RANGE COLLIER COUNTY, FLORIDA nd. FEE SIMPLE INTEREST P,O.C. P.O.B. R.O.W. = POINT OF COMMENCMENT = POINT OF BEGINNING = RIGHT-OF-WAY 26 EAST MA TCHLINE SEE SHEET ! OF $ LEGAL DESCRIPTION AND SKETCH SHEET 2 OF 5 THIS LEGAL DESCRIPTION AND SKETCH PREPARED BY: RU~DAGE,~.mmmmmm DESCRIPTION: PARCEL 124 CLIENT: COLLIER COUNTY TRANSPORTATION DIVISION 1/15/04 A~I~NEY, P.S.M. NO. 5606 SCALE: 1" = 80' DATE:SEPT. 29. 200_~ DRAWN BY: JAN PROdECT NO.: 831,5 ACAD NO:~668-SO18A FILE NO: 8668 AGENI~/~IT~M No .... /~ MAR 2 3 200~ /Id EXHIBIT Page_.~'of SECTION 15, TOWNSHIP 50 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA LEGAL DESCRIPTION OF PARCEL 124 ALL THAT PART OF NAPLES LAKES COUNTRY CLUB AS RECORDED IN PLAT BOOK 3.3, PAGES 7 THROUGH 15 PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: ALL OF THE PARCEL DESCRIBED AS "25' RESERVED FOR RATTLESNAKE HAMMOCK ROAD RIGHT OF WAY ACQUISITION BY COUNTY" LYING IN THE LANDSCAPE BUFFER TRACT AS SHOWN ON SHEET B OF 8 OF THE ABOVEMENTIONED PLAT SAID PARCEL BEING THE SOUTHERLY 25.00 FEET OF SAiD LANDSCAPE BUFFER TRACT; CONTAINING 0.617 OF AN ACRE OF LAND MORE OR LESS; FEE SIMPLE INTEREST LEGAL DESCRIPTION AND SKETCH SHEET 5 OF 5 THIS LEGAL DESCRIPTION AND SKETCH PREPARED BY: DESCRIPTION: PARCEL 124 CLIENT: COLLIER ~OUNTY T_R)NSPORTATION DIV1S~ON iiii~i~RUNDAGI!:,.. GEORGE W. HA<=KNEY, P.S.M. NO. 5606 Professloae! engit3ee~, pie]3~e~, & la]Id aur~e~ors SCALE: N,T,$, DATE:SEPT. 29~ AGENDA ITEM No., MAR 2 3 200~ SECTION 15, TOWNSHIP 50 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA PARCEL NO. PROPERTY OWNER: T~I/NAPLE;~, P ARTN[.RSHIP REFERENCE: O.R. XXXX, PG 'fY'fY STRAP NO.: 206970 A 15Bt~5 SCALE: 1"= 80' P.O.C. P.O.B. R.O.W. POINT OF COMMENCMENT POINT OF BEGINNING RIGHT-OF-WAY PrtlS LEGAL DESCRIPTION AND SKETCH PREPARED BY: I 'III)[~]~E]{ ~ .... 1113. [ P~feslional en~fnee~, planne~, & land s~yors TEMPORARY DRIVEW.Z RESTORATION EASE~,4E~ :-~ (DURATION: 3 YEARS F~' . COMMENCEMENT OF CONS~,': LEGAL DESCRIPTION AND. SKETCH SHEET 1 OF 2 DESCRIPTION: PARCEL 725 CLIENT: COLLIER COUNTY TR/'~SPORTATION DIV1SION REVISION: II~Y 1/15/04- I : ~EOR~'~'W. FA~'RNEY, P.S.U. NO. 5606 ~ SCALE: i" = 80' DATE: OCT. 7. 200.3 ] DRAWN BY; ,,lAN PROJECT NO.: 8,:315 I ACAD NO: 8872-SD19 FILE NO: 8672 MAR 2 3 200~ Pg. //~ EXHIBIT SECTION 15, TOWNSHIP 50 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA LEGAL DESCRIPTION OF PARCEL 725 THE SOUTH 17.00 FEET OF TRACT "R" (,50') OF NAPLES LAKES SHOPPING CENTER AS RECORDED IN PLAT BOOK 36 PAGES 98 THROUGH 99 PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS; BEGINNING AT THE SOUTHWESTERLY-MOST CORNER OF SArD TRACT "R" OF THE AFORESAID PLAT SAID CORNER ALSO BEING ON THE NORTHERLY LINE OF RATTLESNAKE HAMMOCK ROAD AND SAID CORNER ALSO BUNG THE SOUTHEASTERLY-MOST CORNER OF TRACT "E" OF SAID PLAT; THENCE NORTH 87'48'34' EAST ALONG THE SOUTHERLY LINE OF SAID TRACT "R" AND ALONG THE NORTHERLY RIGHT OF WAY LINE OF RATTLESNAKE HAMMOCK ROAD A DISTANCE OF 80,00 FEET TO THE SOUTHEASTERLY-MOST CORNER OF SAID TRACT "R" AND THE POINT OF CUSP OF A CURVE CONCAVE NORTHEASTERLY AND HA',,qNG A RADIUS OF 25.00 FEET; THENCE WESTERLY, NORTHWESTERLY AND NORTHERLY ALONG THE ARC OF SAID CURVE AND ALONG AN EASTERLY LINE OF SAID TRACT "R" THROUGH A CENTRAL ANGLE OF 71'20'15" AN ARC DISTANCE OF 31.'~3 FEET; THENCE LEAVING SAID EASTERLY LINE SOUTH 87'48'54" WEST A DISTANCE OF 32,65 FEET TO THE WESTERLY LINE OF SAID TRACT "R" AND THE EASTERLY LINE OF SAID TRACT "E" AND THE BEGINNING OF A NON-TANGENT CURVE CONCAVE NORTHWESTERLY AND WHOSE RADIUS BEARS NORTH 75'51'40" WEST A DISTANCE OF 25.00 FEET; THENCE SOUTHERLY SOUTHWESTERLY AND WESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 71'20'1.:3" AN ARC DISTANCE OF 51.15 FEET TO THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED; CONTAINING 771 SQUARE FEET OF LAND MORE OR LESS; TEMPORARY DR~/EWAY RESTORATION EASEMENT (DURATION: 3 YEARS FROM COMMENCEMENT OF CONSTRUCTION) LEGAL DESCRIPTION AND SKETCH SHEET 2 OF 2 THIS LEGAL DESCRIPTION AND SKETCH PREPARED BY: DESCRIPTION: PARCEL 725 oAGEN~M iii!.l~G CLIENT: COLLIER COUNTY T~NSPOR~TAT/ON NOL[ REVISION: · · "Y: MAR 2 3 200 Immmlll~ 1/15/04 EORGE · HACI<J~Y, P.S.M. NO. 5606 RUNDA(~E,f.r..nnm~mmn Professional engineers, planners. & land murv~yorn SCALE: N.T.S. DATE: OCT. 7. 2005 ...... . .......................... [,.,) ....... //~ L.c.,~ h... ,or. lure ..~ ~..~ r~ ~., n spo~ I,i,).?-~,,t 0RAWN BY: JAN PROJECT No.: 8315 Pg. c..-~.,,..t .~t~.....~ .o~ ~. n. ~ n .m r~ (~t)m-~ ACAD NO: 8672-SD19 FILE NO: 867~ EXECUTIVE SUMMARY ADOPT A CONDEMNATION RESOLUTION TO ACQUIRE 0.49 ACRES OF LAND LOCATED WITHIN THE AREA KNOWN AS THE GATEWAY TRIANGLE FOR THE PURPOSE OF STORMWATER RETENTION. OBJECTIVE: To approve a resolution authorizing the condemnation of 0.49 acres of vacant land for the purpose of constructing a stormwater retention facility to alleviate the flooding within the Gateway Triangle area. CONSIDERATIONS: The Gateway Triangle is an area bordered by US 41 to the west and south, Davis Boulevard to the north and Airport Road to the east connecting both to Davis Boulevard and US 41 in a triangular shape (See Exhibit "A"). It is an area that is almost fully developed and includes a mix of residential, commercial and light industrial use properties. During a Board meeting on May 19, 1998, and again during a BCC Budget Workshop on June 26, 2003, and yet again during the regular Board meeting on November 18, 2003, the Board of County Commissioners stated their concern over the flooding within the Gateway Triangle area, and has supported efforts to move forward with the Gateway Triangle Stormwater project to be undertaken by Stormwater Management. This project is being designed to correct the serious flooding and drainage problems within this portion of the East Naples area. The Board was advised that the funds in the Fiscal Year 2003 and Fiscal Year 2004 budget were for land acquisition (pond siting), re-engineering design, and the start of some of the Linwood Avenue drainage and pathway construction, which has been incorporated into the overall project. Stormwater Management staff and the engineering consultant, Camp, Dresser and McKee, Inc., have worked on a stormwater design that must address the constraints of a very intensely developed area at very low elevation with a very restricted stormwater drainage outfall storm sewer along US-41. To accommodate these constraints, the consultant identified the need for stormwater detention pond sites that would allow the temporary storage and treatment of the stormwater before releasing it in a controlled manner. Staff has been working with property owners in the Gateway Triangle area to donate easements on their land for additional drainage pipes and catch basins. Also, two properties totaling approximately 6.17 acres of land have already been purchased toward the approximately ten to fifteen acres of land which will ultimately be required in order to adequately address the flooding problems in this area. The selection of the Mendes property for acquisition and use as a stormwater detention facility was directed by its proximity to the existing US-41 storm drain connection, the elevation, and the fact that this 0.49 acre parcel of land is the remaining vacant property in the Gateway area with such close proximity to the previously purchased County-owned property in that area. With the flooding in the Gateway Triangle area being a priority issue for the Stormwater Management Department, Staff was directed to pursue the acquisition of the Mendes parcel at the earliest possible date. A memorandum from Transportation Administrat ir, N~~t~o NO. 2 3 200 :~ pg._ Executive Summary- Condemnation Resolution-Mendes Page 2 of 2 in the Gateway Triangle area, the efforts undertaken to solve the problems and the alternate methods considered. FISCAL IMPACT: Should condemnation of the Mendes parcel become necessary, the total cost could approach $225,000. This would include not only the value of the land, but the attorney and-expert witness fees for which the County is responsible under Sections 73.091 and 73.092, F.S.. Funds are available in County-Wide Capital Improvement Fund (301) under the Gateway Triangle Improvements Project (51803). Source of funds is Ad Valorem taxes. GROWTH MANAGEMENT IMPACT: County's Growth Management Plan. This recommendation is consistent with the RECOMMENDATION: Staff recommends that the Board of County Commissioners: 1) Adopt the attached resolution authorizing the condemnation of the Mendes property and authorize the Chairman to execute same on behalf of the Board. SUBMITTED BY: 4~~q Date: Hope Brack, Sr. Property Acquisition Specialist Transportation Right-of-Way REVIEWED BY: REVIEWED BY: .j~/)t~c I~/ff-~,~ ~ '~ Date: ~ Kevin Hendficks, ~ght of Way Acquisition Manager Transpo~ation Engineering & Construction Management ~~~. ¢~ Date: ~[t~(~/ Peter Hayden, Project Manager Sto~water Management REVIEWED BY: REVIEWED BY: APPROVED BY: ~ ~.~ Date: Ro~nance Interim Director / /p)~~ ~ Date: Grc/g~r/~[rak~iu/se, P.E., l~rector Trm gportation Engineering & Construction Management ~ ~]~~~ Date: .90/¢/°' Nor Kan Fe/~lerJ AICP, Administrator Tra sportation Services Division A.,.'~E.'*~ I j.,.~.M N o.~rLL.-~' I AR 2 3 RESOLUTION NO. 2004- A RESOLUTION AUTHORIZING THE FEE SIMPLE ACQUISITION OF PROPERTIES BY CONDEMNATION FOR THE PURPOSE OF CONSTRUCTING STORMWATER IMPROVEMENTS TO ALLEVIATE FLOODING IN THE .~REA KNOWN AS THE GATEWAY TRIANGLE. WHEREAS, the Board of County Commissioners, during a workshop on June 26, 2003, reitereated their support for the project undertaken by the County's Stormwater Management Department approximately four years ago to correct the serious flooding and drainage problems that the South and East Naples areas including the Gateway Triangle were experiencing during heavy rains (hereinafter referred to as the "Project"); and WHEREAS, the Stormwater Management Department has worked diligently over the past four years to acquire properties within the area of the Project area to accommodate the installation of drainage pipes and catch basins, and to accommodate the construction of a retention area to further alleviate the flooding problems within the Gateway Trim~gle area; and WHEREAS, after consideration of the availability of alternate sites and locations, the comparative costs of project alternatives, various impacts upon the environment, long range planning options, and public safety considerations, tim Board has determined that ~t is necessary and in the best interest of public to exercise the County's power of eminent domain in order to acquire that certain property more particularly described as Lots l 5. 1 o, 17, 1 S, 19 and 20, Naples Commercial Center, First Addition, according to the plat thereof recorded in Plat Book 8, Page 3, of the public records of Collier County, Florida (hereinafter collectively referred to as the "Property") NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COL~TY, FLORIDA, that it has been determined by the Board that the Projecl has been evaluated as part of the County's long range planning eflbrt, that the County Staff and its consultants have extensively reviewed alternative locations for the Project, vm'ious impacts to the environment, public health, safety and welfare considerations associated with the design and construction of the project, and the costs associated with the desitin, property rights acquisition, and construction of the project; and the Board finds that after consideration of these issues, that construction of the Project is necessary and in the best interest of the public, and that the subject Property is the most feasible location for construction of the proposed improvements. AND IT IS FURTHER RESOLVED that all properly shall be put to public purposes. Resolution For Condemnation (Page 1) AGENDA ~TE~M MAR 2 3 200 Pg. .~ AND IT IS FURTHER RESOLVED that is necessary and in the best interest of the public. to exercise the County's power of eminent domain to condemn the Property. AND IT IS FURTHER RESOLVED that the Count.,,. staff ~s hereby authorized to file pleadings in eminent domain on behalf of Collier County, in accordance with the provisions of Chapters 73, 74 and 127, Horida Statutes, in order to condemn the subiect Property. AND IT IS FURTHER RESOLVED that no mobile homes are located on the property sought to be acquired and therefore it will not be necessary to re~nove an.5 mobile homes from the property to be acquired. This Resolution adopted on this _ - da3' *>f 2004, after motion, second and majority vote. ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COLi'NTY COMMISSIONERS OF COLLIER COUNTY. ~-ORIDA By: DONNA FIALA . CHAIRMAN Approved as to form and legal sufficiency: Heidi F. Asht6n Assistant County Attorney ?age 2) MAR MAR 2 3 To: From: Date: Subject: Memorandum James Mudd, County Manager Norman Feder, Administrator Transportation Services Division March 4, 2004 Condemnation Resolution for Gateway Triangle Stormwater Master Plan On March 23, 2004 the Board of County Commissioners will consider the adoption of a Condemnation Resolution for the Mendes property. The Mendes property is vacant land located within the Gateway Triangle area and is contiguous to two other County-owned parcels acquired for the purpose of constructing a stormwater management retention area deemed critical to the Gateway Triangle Stormwater Master Plan. This memorandum contains vital information that the Board of County Commissioners must consider in adopting this Resolution. In March 1997, Collier County Commissioner Pam MacKie spearheaded an initiative to encourage redevelopment of the Gateway Triangle Area, previously referred to as the Davis Triangle area. Landers-Atkins Planners, Inc. was hired to put together a redevelopment plan for the Gate~vay Triangle area. The study had been undertaken through the use of an intensive community involvement process. Four community workshops were held, in each of which over 100 residents, business owners, property owners and non-profit group representatives participated. A series of interviews were conducted with all the participants. Through this process opinions as to the future vision of the area were developed and refined. The analysis process found clear support that the area is in need of irfiprovement. While the study was not intended to provide a determination of substandard conditions as defined by Florida law, it is clear that numerous factors will support such a definition with inadequate stormwater facilities being defined as a number one priority. Camp Dresser and McKee, Inc. (CDM) was retained by the Collier County Stormwater Management Department to provide a Conceptual Stormwater Master Plan to address drainage and flood control in the Gateway Triangle Redevelopment Area. In February 1998, CDM delivered a conceptual stormwater master plan for the Gateway Triangle area. The conceptual plan was intended to provide a basis for relatively low cost but substantial improvements in drainage to reduce existing flooding problems in the project service area. The conceptual plan recommended that the County acquire 11 acres of storage area to provide a 10-year, 24-hour level of service for improved stormwater management in the Gateway Triangle area. Page 1 of 3 While CDM was developing the conceptual master plan, the FDOT was actively involved in the 6-1aning construction of US-41. There were several issues that the County had regarding the roadway expansion, primarily regarding the size and invert elevations of proposed inlets that would receive stormwater runoff from the Triangle. Eventually an agreement was reached between the FDOT and the County whereby the County funded some inlet pipe size increases and the installation of two flap gates to prevent the backflow of salt water from the storm drain into the Triangle area. Ground elevations within the Triangle are as Iow as slightly below 3' NGVD, and the ditch along Pine Street is lined with mangroves that have sprouted from seeds floating backward through the US-41 storm drain pipes at high tide. CDM used the information provided by the FDOT to develop peak discharge rates for each of the sub-basins within the Triangle, calculated runoff that would be generated compared to flow that could be discharged into the US-41 storm drain, and determined the required pond storage required from the difference. Also concurrent with the development of the conceptual master plan the redevelopment plan for the entire Triangle area continued. This redevelopment study was managed by planning staff from Development Services, and CDM used infmTnation from the redevelopment plan to locate pond sites sufficient to meet the stormwater storage requirements. CDM developed three basic alternatives for consideration and implementation. · Alternative 1 provided for maintenance improvements to provide some immediate relief, but would not prevent flooding. · Alternative 2 provided for capital facility construction for some of the areas of greatest flooding, but was still limited in improving overall level of service for flood protection. · Alternative 3 called for the total reconstruction of the entire triangle, as proposed in the redevelopment study, which would create higher ground elevations and adequate stormwater storage ponds to handle the 1 C-year 24-hour design storm. Based on the conceptual plan, in October 1998, the County constructed a 24" culvert pipe along Kirkwood Avenue as a first phase of Gateway Triangle stormwater improvements. The County also acquired a parcel of 2.5 acres for stormwater detention. CDM understands that additional land for stormwater detention has not been available for acquisition at reasonable terms or conditions. In April 1999, the County authorized CDM to provide additional stormwater planning, permitting and design services (W.O. CDM-FT-99-6, Amount = $57,000) to provide planning, permitting and design services for the Gateway Triangle Stormwater improvements. As the work progressed, field investigations determined that the two, existing structures that serve the Gateway Triangle area for stormwater discharge, along U.S. 41, are at a higher elevation than can accommodate a gravity conveyance system. This determination resulted in a need for the added costs of a stormwater pumping station to increase the stormwater system capacity. Also during this period the redevelopment plan was proposed with recommendations, however none could be implemented do to lack of interest. Also an existing, noted as Pond 1 in the CDM study, located west of Commercial Blvd. (which was included in CDM's calculations) was filled by construction debris, including debris from the old Gordon River Bridge. Also the proposed Pond 2 site received an approved building plan and became unavailable for consideration. The County did purchase a 2.5 acre parcel for a proposed pond but its size is insufficient to handle the contributing drainage basin area alone. Alternative 3 was eliminated fr~ Alternative 1 was initiated, and a modified Alternate 2A was developed. This EXHIBIT Page ~- o~ If ' Page 2 of 3 2 3 200 pg. '-7 the attempt to make the best of the bad situation and construct some facilities that would benefit the areas of greatest flooding. Alternate 2A did not address flooding issues east of Pelton Street. On March 14, 2000 the Board of County Commissioners adopted resolution 2000-83 which established the Collier County Community Redevelopment Agency (CRA) and declared the Board of County Commissioners to be the CRA Board in accordance with Section 163.354 of the Florida Statutes. In March 2002, the County authorized a change order to incorporate a pump station into the project services and the further development of Alternative 2A. The change order also provided for an evaluation of innovative technologies (deep well injection) to improve stormwater quality. Project planning including the development of computer models of the Gateway Triangle stormwater systems proceeded. The modeling resulted in the preparation of preliminary design documents that, together with a draft permit application, were submitted to the County in April 2002. System constraints, comprising severely restricted outlet capacity and detention pond size, limited the proposed system, for most parts of the service area, to that of a nominal 3-year storm. The level of protection in some areas would be less. There was no basis available to achieve the original intended level of service without increasing the system outlet capacity or increasing the land available for stormwater detention or both. County and CDM staff proceeded to engage in an extended review of the project limitations. The initial concept was to provide a reasonable level of stormwater protection at a reasonable cost. However, it xvas agreed that a proposed project capital expense in excess of $500,000 with a resulting improvement limited to a nominal 3-year storm did not either achieve the original project intent or result in a reasonable project value. Additional considerations identified a basis for extending the level of service to a nominal 5-year storm capacity but only after increasing the capital expense to $880,00 - $950,000. In addition, required project improvements would have to be carefully staged for implementation and operated with substantial care to avoid increasing the flood potential in some parts of the project area until additional stormwater outlet capacity and/or land for additional stormwater detention could be provided as future stormwater management activities. On February 4, 2003, County and CDM staff again reviewed the project situation. It became clear that the project should not be further considered until either additional stormwater outlet capacity or additional land for detention pond construction could be made available. Based on this determination, on November 18, 2003 the Board approved the purchase of the 1.69 acres Smith Parcel. This parcel, as is the Mendes property, is located adjacent and contiguous to the 2.5 acre parcel currently owned by Collier County and is vital to the overall Stormwater facilities in the Gateway Triangle. Thank you for your time and review of this vital information. Cc: Project File 51803.07 EXHIBIT_ Page 3 of 3 AGEND~ LTE.,,M ,o.,_., MAR 2 3 200 pg. Community Redevelopment Agency of Collier County ' i ~AR 23 200~ BCC RI'~GUI,AR HEISTINg'; OF EXHIBIT ~age. 7' of MA~ 2 3 200~ Naples Daily News Naples, FL 33940 Affidavit of Publication Naples Daily Ne~s BOARD OF COUNTY.COMRISS[ONERS AITN: NANCY SALOGUB PO BOX A13016 NAPLES FL 34101-3016 REFERENCE: 001230 5?693113 NOTICE OF PIJBL[C HEE State of Florida C~anty of Collier 8efore the undersigned authority, personally appeared 8. La~b, who on oath says that she serve= as the Assistant Corporate Secretary of the Naples Daily News, · daily newspaper published at Naples, in Collier County, Florida: that the attached copy of advertising wes published in said newspaper on dates Listed. Affiant further says that the said Naples Daily News is e newspaper published at Naples, in said Collier County, FLorida, end that the said newspaper has heretofore been continuously published in said Collier County, FLorida, each day and has been entered as second class mail matter at the post office in Naples, in said Collier County, FLorida, for a period of next preceding the first publication of the attached copy of advertisement; and affiant further says that she has neither paid nor promised any person, firm or coporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said neuspaper. PUBLISHED Off: 05/1? AD SPACE: 53.000 INCH FILED ON: 05/18/98 0120 NOT O+ NOTICE bF PUBLIC MEETING I~OARD OF COUNTY COMh'~IS$1ONER ~, COLLIER COUNT I:LCRI[~A T u e sol. v, 9 A.~. N~lce is hereby given i~ ~ ~ll~er B~ of C~n~ C~,nls- sl~er$ will meet In B~d'S C~,~rs Third FI~ of ~e Admln- IS~ Bulldt~ (~ullOir,g F) ~ ~e Collier C~,~ Government Com~le~, N~le$, F~k~, ~o con- dud ~e business of C~- tier Cmsntv, ~ the a~ve st~ed time o~ ~e. C~les o~ the f~ sold meeting will mode ovoll~le to press Dad any be f~ned ~ the o~lce ol County Administrator, some Ioc~l~, ~me ~flme. Any ~r~ ~0 c~d of t~ ~he~lo[ning therefo, ~ef~e any n~dto e~- sure ~ o ve~tm C~d ~ fie pr~OIn~ m~e~ which raced In- Ctu~s ~e tesfl~y ~d evld~ce ~ which ~D~I Is to be BOARD OF COUNTY COmmISSIONERS COLLIER COUNTY, FLOE BARBARA B. BERRY, CHAIRMAN DWIGHT E. BROCK, CLERK B~/s/~ureen Kenv~ OeP~ Clerk Signature of Affiant Sworn to and Subscribed before me this,' day of ' ~'," 19 ' Personally known by me .~,',~''.' ~ : ,. :.- ;., EXHIBIT., Page_ ~ _0~., AGENDA_ ITEM .o., MAR 2 3 Pg.. May 19, 1998 COLLIER CO~ BOARD OF COUNTY COMMISSIONERS AGENDA May 19, 1998 9:00 a.m. NOTICE: ALL PERSONS WISHING TO SPEAK ON ANY AGENDA ITEM MUST REGISTER PRIOR TO SPEAKING. SPEAKERS MUST REGISTER WITH TI[ECOUNTY ADMINISTRATOR PRIOR TO TIlE PRESENTATION OF AGENDA IT~ TO BE ADDRESSED. REQUESTS TO ADDRESS T~{E BOARD ON SUIk/ECTS WHICH ARE NOT ON THIS AGEqgDA MUST BE S[fflMIT'IqSD IN WRITING WITH EXPLANATION TO T~LE COl~l'Y ADMINISTRATOR AT LEAST 13 DAYS PRIOR ~D ~qfE DATE OF ~[E, MEd."rING AND WILL BE I~-2~RD UNDER 'PUBLIC PETITIONS". ANY PERSON WHO DECIDES 'FO APPEAL A DECISION OF 77{IS BOARD WILL NEED A RECORD OF T}fE PROCEEDINGS PERTAINING ~ETO, AND q~{EREFORE MAY NEED TO EN~q73RE THAT A VERBATIM RECORD OF THE PROCEF~DINGS IS MADE, WHICH RE. CORD INCLUDES ~7{E TESTJ]4ONY AND EVIDENCE IJPON W]tICT{ 'ITIE APPEAL IS TO BE BASED. ALL REGISTERF_JD PUBLIC SPF2%KERS WILL BE LIMITED 'FO FIVE (5) M/NUTES UNI,ESS PF~RMISSION FOR ADDITIONAL T1-ME IS GR~ BY ~{E CI{AI RMAN. ASSISTED I,ISTENING DEVICES FOR q]{E HFJ%RING IMPAIRED ARE AVAILAB[,E IN 'iq{E COU~rFY COMMISSIONERS' OFFICE. LI/NCI! REC?.S~; SCHEDULEI) P'OR 12:00 NOON 'IX) 1:00 P.M. INVOCATION - Reverend James Lake, First United Methodist Church PLEDGE OF ALLEGIANCE 3. APPROVAL OF AGENDA AND CONSENT AGENDA Approved and/or Adopted with changes - 5/0 APPROVAL OF MINUTES Approved as presented - 5/0 A. April 10, 1998 - Special meeting. B. April 21, 1998 - Regular meeting. C. April 28, 1998 - Regular meeting. PROCLAMATIONS AND SERVICE AWARDS A. PROCLAMATIONS 1) Proclama[ion proclaiming the week of May 17-2 EXHI[11T .o. MAR 2 3 200 I Pg-, / q I I May 19, 1998 Emergency Medical Services Week. Flagg, Emergency Services. Adopted - 5/0 To be accepted by Chief Diane 2) Proclamation proclaiming Saturday, May 23, 1998 as Mid,light Basketball Day. To be accepted by Keith Larson, Golden Gate Community Center Supervisor and Janice Elliott, Golden Gate Community Center Program Leader, II. AdoDted - 5/0 3) Proclamation proclaiming May 19, 1998 as Rotary International GrouD Study Exchange Team Day. To be accepted by PhilipDines Group Study Exchange Team Members - Gabriel Evengelista, Team Leader & Retired Mechanical and Metallurgical Engineer; Marianne Ocsio, Team Member & Medical Doctor specializing in Obstetrics; Gene Nisperc~, Team Member & Medical Doctor specializing in Community Medicine; Josette Balonga, Team Member and Training Officer & TQM Specialist: Loreidel Saura, Team Member & Television & Radio Host and George Drobinski, Representative for Rotary and incoming District Chairman for Group Study Exchange in this area. Adopted - 5/0 B. SERVICE AWARDS Presented 1) Martin Herrera - Road & BridGe - 5 years. 2) Michael Patten - Road & Bridge - 5 years. C. PRESENTATIONS 6. APPROVAL OF CLERK'S REPORT A. ~%"~LYSIS OF CHANGES TO RESER%~S FOR CONTINGENCIES. 7. PUBLIC PETITIONS 8. CO~ ADMTNISTRATOR'S REPORT A. COMMUNITY DEVELOPME~ & ENVIRONME/gTAL SERVICES 1) Recommendation to the Board of County Commissioners with respect to the adoption of policies and procedures for summary agenda items and procedures for presentations before the Board of County Commissioners and the Collier County Planning Commission. Res. 98-167 w/changes - 5/0 B. PLrBLI C WORKS Moved to Item 16(B) 7 EXHIBIT Page Page 2 AGENDA ITEM MAR 2 3 200 f May 19, 1998 1) Gulf Harbor Subdivision. Added Recommended speed limit changes for the roadways in the 3) Approve an amendment to Section 4 of' the Construction Agreement for Contract No. 97-2771, Removal of Non-Specification Material from the Naples Beach and authorize suspension of the contract time until the end of the sea turtle nesting season. Approved - 5/0 C. PUBLIC SERVICES Added 1) Parking fees at Tigertail for Marco Sports Festival Fees not Waived; Marco Island YMCA authorized to pay parking fees for Marco Sports Festival - 5/0 D. SUPPORT SERVICES 1) This item deleted. 2) Authorization to Adopt a "Special Service Charge" as Allowed in Section 119.07, F.S. to Pay for the Provision of Information Regarding Special Assessments, Financed Water and Sewer Impact Fees, and Water and Sewer Charges. Res. 98-168 - Adopted - 5/0 Moved from Item 16(D) 6 6) Interlocal Agreement be[ween Collier County'and the Dependent & Independent Fire Districts for Basic Medical Training for Firefighters. Continued to 5/26/98 and to be brough back as a Consent Agenda Item - 5/0 E. COUN~ A~MINI STRATOR Moved Crom Item 16(E) 2 1) Approval to procure grant writing services through a cooperative purchasing arrangement. Approved with Griffin Grant Writing & Consulting, Inc. - 4/1 (Commissioner Constantine Opposed) F. AIRPORT AUS~HOR ITY EXHIBIT., Page i' 'MAR AGENDA~TEM EXECUTIVE SUMMARY APPROVE AN AGREEMENT FOR SALE AND PURCHASE IN THE AMOUNT OF $205,000 AND ACCEPT A WARRANTY DEED FOR 0.49 ACRES OF PROPERTY LOCATED WITHIN THE AREA KNOWN AS THE GATEWAY TRIANGLE FOR THE PURPOSE OF STORMWATER RETENTION. OBJECTIVE: To acquire six parcels of vacant land zoned C-5 (Heavy Commercial) totaling .49 acres for the purpose of combining these vacant lands with contiguous properties previously purchased over the past four years in order to construct a stormwater retention area to alleviate the flooding within the Gateway Triangle area. CONSIDERATIONS: The Gateway Triangle is an area bordered by US 41 to the west and south, Davis Boulevard to the north and Airport Road to the east connecting both to Davis Boulevard and US 41 in a triangular shape (See Exhibit "A"). It is an area that is almost fully developed and includes a mix of residential, commercial and light industrial use properties. During the BCC Budget Workshop on June 26, 2003, and again during the regular Board meeting on November 18, 2003, the Board of County Commissioners stated their support to continue to move forward with the Gateway Triangle Stormwater project undertaken by the Stormwater Management Department approximately four years prior. This project is being designed to correct the serious flooding and drainage problems within this portion of the East Naples area. The Board was advised that the funds in the Fiscal Year 2003 and Fiscal Year 2004 budgets were for land acquisition (pond siting), re- engineering design, and the start of some of the Linwood Avenue drainage and pathway construction, which has been incorporated into this project. Stormwater Management staff and the engineering consultant, Camp, Dresser and McKee, Inc., have worked on a stormwater design that must address the constraints of a very intensely developed area at very low elevation with a very restricted stormwater drainage outfall storm sewer along USo41. To accommodate these constraints, the consultant identified the need for stormwater detention pond sites that would allow the temporary storage and treatment of stormwater before releasing it in a controlled manner. Staff has been working with property owners in the Gateway Triangle area to donate easements on their land for additional drainage pipes and catch basins. Also, two properties comprising 6.17 acres have already been purchased for a pond site. The selection of the Mendes parcels for acquisition and use as a stormwater detention facility was directed by their proximity to the existing US-41 storm, drain connection, the elevation, and the fact that this 0.49 acre parcel of land is the only remaining vacant property in the Gateway area with such close proximity to the previously_nnmha~ed County-owned property in that area. I IMAR 2 3 200q Executive Summary-Mendes Acquisition Page 2 of 3 At the time of the request to approve the purchase of the 1.69 acre Smith property on November 18, 2003, for $635,000 the Board was advised that there was a need to assemble even more property, in order to facilitate the installation of a retention area for the Gateway Triangle. With flood relief in the Gateway Triangle being a priority issue for the Stormwater Management Department, staff was directed to pursue the acquisition of the Mendes property at the earliest possible date. Several years ago, Mendes had listed the sub~ject property for sale at $215,000. However, in May of 2003, when the owner was first approached by County staff, the property was not on the market. It was appraised in June of 2003 by the County's Review Appraiser at $168,000 and later by an independent appraiser hired by the County at $160,000. Both appraisers identified a range of unit prices (price per square foot) paid for comparable properties to assist with the negotiations between the County and Mr. Mendes. The price paid for comparable properties in this area was between $6.52 and $9.64 per square foot. After lengthy negotiations, a sales price of $205,000 ($6.90 per square foot) was agreed upon. While on the high side of the range of probable values, several factors were taken into consideration: (1) the lack of available, suitable, substitute property in this area; the location of this property relative to an existing access road and to an abutting vacant property; the lack of motivation to sell by the current owner; and the need for this project for the public benefit. The County already owns approximately 6.17 acres in the subject neighborhood, and based upon some preliminary engineering calculations, approximately six to eight additional acres may be needed for the stormwater detention facilities. The purchase of the Mendes property is consistent with prior Board direction to acquire additional land for stormwater detention within the Gateway Triangle area. FISCAL IMPACT: The proposed purchase price of the Mendes parcel is $205,000.00. Recording fees and miscellaneous closing costs will not exceed $100.00. Funds are available in County-Wide Capital Improvement Fund (301) under the Gateway Triangle Improvements Project (51803). Source of funds is Ad Valorem taxes. GROWTH MANAGEMENT IMPACT: This recommendation is consistent with the County's Growth Management Plan. RECOMMENDATION: Staff recommends that the Board of County Commissioners: 1) 2) 3) 4) Approve the attached Agreement for Sale and Purchase and the Satisfaction of Liens for the Mendes parcel and authorize the Chairman to execute same on behalf of the Board; Accept the Warranty Deed for the Mendes parcel; Authorize staff to close the transaction and to record the documents in the public records; and Approve any budget amendments necessary to implement the collectiye__w21[ of the Board. Executive Summary-Mendes Acquisition Page 3 of 3 SUBMITTED BY: REVIEWED BY: REVIEWED BY: REVIEWED BY: REVIEWED BY: APPROVED BY: ~3/9~~. Date: 7~/o,,0-~f5 Hope Brack, Sr. Property Acquisition Specialist Transport~j~9~ Engineerin~l~ & Const~ction M~agement Dat : ~evi~~~,~t ~ Acquisition Manager Tr~spo~on Engineering & Cons~ction Management ~~ ~ ~t~ Date: ~//o[0~ Peter Hayden, Project Mmager Sto~water M~agement ~ Vliet, R~_~m~M~ Director Dat~ . ~r~g ~r~aluse, P.E., Director Trans~ation Engineering & Construction Management ~~~~~/ Date: ~/~ No,an Fe~er, AICP, A~inistrator Tra~ati~ Se~ices ~ivision AGEND.~, NO. / MAR 2 3 2004 Pg. ,~ ~PRUEE ~FRED~Z~K NO. AGREEMENT FOR SALE AND PURCHASE THIS AGREEMENT is made and entered into by and between ANTONE C. MENDES, a Married Man(hereinafter referred to as "Seller"), whose address is 3000 70th Street SW, Naples, Florida, 34105-7214, and COLLIER COUNTY, a political subdivision of the State of Florida (hereinafter collectively referred to as "Purchaser"). WITNESSETH WHEREAS, Seller is the owner of that certain parcel of real property (hereinafter referred to as "Property"), located in Collier County, State of Florida, and being more particularly described as NAPLES COMMERCIAL CENTER 1sT ADDITION, BLOCK 'C', LOTS 15, 16, 17, 18, 19, and 20, COLLIER COUNTY, FLORIDA; and WHEREAS, Purchaser is desirous of purchasing the Property, subject to the conditions and other agreements hereinafter set forth herein; and WHEREAS, Seller is agreeable to such sale and to such conditions and agreements, as contained herein. NOW, THEREFORE, and for and in consideration of the premises and the respective undertakings of the parties hereinafter set forth and the sum of Ten Dollars ($10.00), the receipt and sufficiency of which is hereby acknowledged, it is agreed as follows: I. AGREEMENT 1.01 In consideration of the purchase price and upon the terms and conditions hereinafter set forth, Seller shall sell to Purchaser and Purchaser shall purchase from Seller the Property, described above. Il. PAYMENT OFPURCHASEPRiCE 2.01 Owner shall convey the Property to Purchaser for the sum of $205,000.00 payable by County Warrant (said transaction hereinafter referred to as the "Closing"). Said payment shall be full compensation for the Property conveyed, including all landscaping, trees, shrubs, improvements, and fixtures located thereon, and for any damages resulting to Owner's remaining lands, and for all other damages in connection with conveyance of said Property to Purchaser, including all attorneys' fees, expert witness fees and costs as provided for in Chapter 73, Florida Statutes. Ill. CLOSING 3.01 The Closing (THE "CLOSING DATE", "DATE OF CLOSING", OR "CLOSING") of the transaction shall be held on or before sixty (60) days following execution of this Agreement by the Purchaser, unless extended by mutual written agreement of the parties hereto. The Closing shall be held at the Collier County Attorney's Office, Administration Building, 3301 Tamiami Trail East, Naples, Florida. The procedure to be followed by the parties in connection with the Closing shall be as follows: 3.011 Seller shall convey a marketable title free of any liens, encumbrances, exceptions, or qualifications. Marketable title shall be determined according to applicable title standards adopted by the Florida Bar and in accordance with law. At the Closing, the Seller shall cause to be delivered to the Purchaser the items specified herein and the following documents and instruments duly executed and acknowledged, in recordable form: 3.0111 Warranty Deed(s) in favor of Purchaser conveying title to the Property, free and clear of all liens and encumbrances other than: (a) The lien for current taxes and assessments. (b) Such other easements, restrictions or conditions of record. 3.0112 Combined Purchaser-Seller closing statement. 3.0113 A "Gap," Tax Proration, Owner's and Non-Foreign Affidavit," as required by Section 1445 of the Internal Revenue Code and as required by the title insurance underwriter in order to insure the "gap" and issue the policy contemplated by the title insurance commitment. 3.0114 A W-9 Form, "Request for Taxpayer Identification and Certification" as required ~by the Internal Revenue Service. 3.012 At the Closing, the Purchaser, or its assignee, shall cause to be delivered to the Seller the following: 3.0121 A negotiable instrument (County Warrant) in an amount equal to the Purchase Price. No funds shall be disbursed to Seller until the Title Company verifies that the state of the title to the Property has not changed adversely since the date of the last e~dorsement to the commitment, referenced in Section 4.011 thereto, and the Title Company is irrevocably committed to pay the Purchase Price to Seller and to issue the Owner's title policy to Purchaser in accordance with the commitment immediately after the recording of the deed. 3.0122 Funds payable to the Seller representing the cash payment due at Closing in accordance with Article Ill hereof, ¢~'~11 be subject to adjustment for prorations as hereinafter set forth. 3.02 Each party shall be responsible for payment of its own a~.torney's fees. Seller, at its sole cost and expense, shall pay at Closing all documentary stamp taxes due relating to the recording of the Warranty Deed, in accordance with Chapter 201.01, Florida Statutes, and the cost of recording any instruments necessary to clear Seller's title to the Property. The cost of the Owner's Form B Title Policy, issued pursuant to the Commitment provided for in Section 4.011 below, shall be paid by Purchaser. The cost of the title,commitment shall also be paid by Purchaser. "[~,,,'1~ 3.03 Purchaser shall pay for the cost of recording the Warranty Deed. Real Property taxes shall be prorated based on the current year's tax with due allowance made for maximum allowable discount, homestead and any other applicable exemptions and paid by Seller. If Closing occurs at a date which the current year's millage is not fixed, taxes will be prorated based upon such prior year's millage. IV. REQUIREMENTS AND CONDITIONS 4.01 Upon execution of this Agreement by both parties or at such other time as specified within this Article, Purchaser and/or Seller, as the case may be, shall perform the following within the times stated, which shall be conditions precedent to the Closing; 4.011 Within fifteen (15) days after the date hereof, Purchaser shall obtain as evidence of title an ALTA Commitment for an Owner's Title Insurance Policy (ALTA Form B-1970) covering the Property, together with hard copies of all exceptions shown thereon. Purchaser shall have thirty (30) days, following receipt of the title insurance commitment, to notify Seller in writing of any objection to title other than liens evidencing monetary obligations, if any, which obligations shall be paid at closing. If the title commitment contains exceptions that make the title unmarketable, Purchaser shall deliver to the Seller written notice of its intention to waive the applicable contingencies or to terminate this Agreement. 4.012 If Purchaser shall fail to advise the Seller in writing of any such objections in Seller's title in the manner herein required by this Agreement, the title shall be deemed acceptable. Upon notification of Purchaser's objection to AGENPAITEM title, Seller shall have thirty (30) days to remedy any defects in order to convey good and marketable title, except for liens or monetary obligations which will be satisfied at Closing. Seller, at its sole expense, shall use its best efforts to make such title good and marketable. In the event Seller is unable to cure said objections within said time period, Purchaser, by providing written notice to Seller within seven (7) days after expiration of said thirty (30) day period, may accept title as it then is, waiving any objection; or Purchaser may terminate the Agreement. A failure by Purchaser to give such written notice of termination within the time period provided herein shatl be deemed an election by Purchaser to accept the exceptions to title as shown in the title commitment. 4.013 Purchaser shall have the option, at its own expense, to obtain a current survey of the Property prepared by a surveyor licensed by the State of Florida. No adjustments to the Purchase Pdce shall be made based upon any change to the total acreage as referenced in legal description of property, if any. Seller agrees to furnish any existing surveys of the Property, if any, to Purchaser within fifteen (15) days of execution of this Agreement. V. APPRAISAL PERIOD IDELETED] VI. INSPECTION PERIOD 6.01 Purchaser shall have forty-five (45) days from the date of this Agreement, ("Inspection Period"), to determine through appropriate investigation that: 1. Soil tests and engineering studies indicate that the Property can be developed without any abnormal demucking, soil stabilization or foundations. 2. There are no abnormal drainage or environmental requirements to the development of the Property. 3. The Property is in compliance with all applicable State and Federal environmental taws and the Property is free from any pollution or contamination. 4. The Property can be utilized for its intended purpose. 6.02 If Purchaser is not satisfied, for any reason whatsoever, with the results of any investigation, Purchaser shall deliver to Seller prior to the expiration of the Inspection Period, written notice of its intention to waive the applicable contingencies or to terminate this Agreement. If Purchaser fails to notify the Seller in writing of its specific objections as provided herein within the Inspection Period, it shall be deemed that the Purchaser is satisfied with the results of its investigations and the contingencies of this Article VI shall be deemed waived. In the event Purchaser elects to terminate this Agreement because of the right of inspection, Purchaser shall deliver to Seller copies of all engineering reports and environmental and soil testing results commissioned by Purchaser with respect to the Property. 6.03 Purchaser and its agents, employees and servants shall, at their own risk and expense, have the right to go upon the Property for the purpose of surveying and conducting site analyses, soil borings and all other necessary investigation. Purchaser shall, in performing such tests, use due care and shall indemnify Seller on account of any loss or damages occasioned thereby and against any claim made against Seller as a result of Purchaser's entry. Seller shall be notified by Purchaser no less than twenty four (24) hours prior to said inspection of the Property. VII. INSPECTION 7.01 Seller acknowledges that the Purchaser, or its authorized agents, shall have the right to inspect the Property at any time pdor to the Closing. VIII. POSSESSION $.01 Purchaser shall be entitled to full possession of the Property at Closing. AGENr~,~ ~TEM .o.__/ob NAR 2 3 2004 IX. PRORATIONS 9.01 Ad valorem taxes next due and payable, after closing on the Property, shall be prorated at Closing based upon the gross amount of 2002 taxes, and shall be paid by Seller. X. TERMINATION AND REMEDIES 10.01 If Seller shall have failed to perform any of the covenants and/or agreements contained herein which are to be performed by Seller, within ten (10) days of written notification of such failure, Purchaser may, at its option, terminate this Agreement by giving written notice of termination to Seller. Purchaser shall have the right to seek and enforce all rights and remedies available at law or in equity to a contract vendee, includ!ng the right to seek specific performance of this Agreement. 10.02 The parties acknowledge that the remedies described herein and in the other provisions of this Agreement provide mutually satisfactory and sufficient remedies to each of the parties, and take into account the peculiar risks and expenses of each of the parties. XI. SELLER'S AND PURCHASER'S REPRESENTATIONS AND WARRANTIE,~, 11.01 Seller and Purchaser represent and warrant the following: 11.011 Seller and Purchaser have full right and authority to enter into and to execute this Agreement and to undertake all actions and to perform all task~ required of each hereunder. 11.012 Seller has the full right, power, and authority to own and operate the Property and to execute, deliver, and perform its obligations under this Agreement and the instruments executed in connection herewith, and to consummate the transaction contemplated hereby. All necessary authorizations and approvals have been obtained authorizing Seller and Purchaser to execute and consummate the transaction contemplated hereby. Prior to Closing, certified copies of such approvals shall be delivered to Purchaser and/or Seller, including all court orders or findings arising from the bankruptcy proceeding. 11.013 The warranties set forth in this paragraph shall be true on the date of this Agreement and as of the date of Closing. Purchaser's acceptance of a deed to the said Property shall not be deemed to be full performance and discharge o,f every agreement and obligation on the part of the Seller to be performed pursuant to the provisions of this Agreement. 11.014 Seller represents that it has no knowledge of any actions, suits, claims, proceedings, litigation or investigations pending or threatened against Seller, at law, equity or in arbitration before or by any federal, state, municipal or other governmental instrumentality that relate to this agreement or any other property that could, if continued, adversely affect Seller's ability to sell the Property to Purchaser according to the terms of this Agreement. 11.015 There are no pending options to purchase or sales contracts pertaining to the subject Property. No party or person other than Purchaser has any right or option to acquire the Property or any portion thereof. 11.016 Until the date fixed for Closing, so long as this Agreement remains in force and effect, Seller shall not encumber or convey any portion of the Property or any rights therein, nor enter into any agreements granting any person or entity any rights with respect to the Property or any part thereof, AGE~ ~ MAR 2 3 2004 without first obtaining the written consent of Purchaser to such conveyance, encumbrance, or agreement which consent may be withheld by Purchaser for any reason whatsoever. I1.017 Seller represents that there are no incinerators, septic tanks or cesspools on the Property; all waste, if any, is discharged into a public sanitary sewer system; Seller represents that it has no knowledge that any pollutants are or have been discharged from the Property, directly or indirectly into any body of water. Seller represents the Property has not been used for the production, handling, storage, transportation, manufacture or disposal of hazardous or toxic substances or wastes, as such terms are defined in applicable laws and regulations, or any other activity that would have toxic results, and no such hazardous or toxic substances are currently used in connection with the operation of the Property, and there is no proceeding or inquiry by any authority with respect thereto. Seller represents that it has no knowledge that there is ground water contamination on the Property or potential of ground water contamination from neighboring properties. Seller represents no storage tanks for gasoline or any other substances are or were located on the Property at any time during or prior to Seller's ownership thereof. Seller represents none of the Property has been used as a sanitary landfill. 11.018 Seller has no knowledge that the Property and Seller's operations concerning the Property are in violation of any applicable Federal, State or local statute, law or regulation, or of any notice from any governmental body has been served upon Seller claiming any violation of any law, ordinance, code or regulation or requiring or calling attention to the need for any work, repairs, construction, alterations or installation on or in connection with the Property in order to comply with any laws, ordinances, codes or regulation with which Seller has not complied. 11.019 There are no unrecorded restrictions, easements or rights of way (other than existing zoning regulations) that restrict or affect the use of the Property, and there are no maintenance, construction, advertising, management, leasing, employment, service or other contracts affecting the Property. 11.020 Seller has no knowledge that there are any suits, actions or arbitration, bond issuances or proposals therefor, proposals for public improvement assessments, pay-back agreements, paving agreements, road expansion or improvement agreements, utility moratoriums, use moratoriums, improvement moratoriums, administrative or other proceedings or governmental investigations or requirements, formal or informal, existing or pending or threatened which affects the Property or which adversely affects Seller's ability to perform hereunder; nor is there any other charge or expense upon or related to the Property which has not been disclosed to Purchaser in writing prior to the effec[ive date of this Agreement. 11.021 Seller acknowledges and agrees that Purchaser is e~tering into this Agreement based upon Seller's representations stated above and on the understanding that Seller will not cause the zoning or physical condition of the Property to change from its existing state on the effective date of this Agreement up to and including the Date of Closing. Therefore, Seller agrees not to enter into any contracts or agreements pertaining to or affecting the Property and not to do any act or omit to perform any act which would change the zoning or physical condition of the Property or the governmental ordinances or laws governing same. Seller also agrees to notify Purchaser promptly of any change in the facts contained in the foregoing representations and of any notice or proposed change in the zoning, or any other action or notice, that may be proposed or promulgated by any third parties or any governmental authorities having jurisdiction of the development of the property which may restrict or change any other condition of the Property. 1.022 At the Closing, Seller shall deliver to Purchaser a statement hereinafter called the "Closing Representative Statement") reasserting the foregoing representations as of the Date of Closing, which provisions shall survive the Closing. 11.023 Seller represents, warrants and agrees to indemnify, reimburse, defend and hold Purchaser harmless from any and all costs (including attorney's fees) asserted against, imposed on or incurred by Purchaser, directly or indirectly, pursuant to or in connection with the application of any federal, state, local or common law relating to pollution or protection of the environment which shall be in accordance with, but not limited to, the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, 42 U.S.C. Section 9601, et seq., ("CERCLA" or "Superfund"), which was amended and upgraded by the Superfund Amendment and Reauthorization ACt of 1986 ("SARA"), including any amendments or successor in function to these acts. This provision and the rights of Purchaser, hereunder, shall survive Closing and are not deemed satisfied by conveyance of title. 11.024 Any loss and/or damage to the Property between the date of this Agreement and the date of Closing shall be Seller's sole risk and expense. XII. NOTICES 12.01 Any notice, request, demand, instruction or other communication to be given to either party hereunder shall be in writing, sent by registered, or certified mail, return receipt requested, postage prepaid, addressed as follows: If to Purchaser: Hope Brack Transportation Right-of-Way 2685 S. Horseshoe Drive #212 Naples, FL 34104 With a copy to: Ellen T. Chadwell Assistant County Attorney Harmon Turner Building 3301 Tamiami Trail East Naples, Florida 34112 if to Seller: Gary J. Hausler, Attorney at Law 950 N. Collier Blvd. #301 Marco Island, FL 34145 With a copy to: Antone C. Mendes 3000 70t~' Street SW Naples, Florida 34105-7214 12.02 The addressees and addresses for the purpose of this Article may be changed by either party by giving written notice of such change to the other party in the manner provided herein. For the purpose of changing such addresses .or addressees only, unless and until such written notice is received, the last addressee and respective address stated herein shall be deemed to continue in effect for all purposes. XIII. REAL ESTATE BROKERS I3.01 Any and all brokerage commissions or fees shall be the sole responsibility of the Seller. Seller shall indemnify Purchaser and hold Purchaser harmless from and against any claim or liability for commission or fees to any broker or any other person or party claiming to have been engaged by Seller as a real estate broker, salesman or representative, in connection with this Agreement. Seller agrees to pay any and all commissions or fees at closing pursuant to the terms of a separate agreement, if any. 13.02 Seller acknowledges that /V/A of has been ~cting as a transaction broker on behalf of the Seller, and that any commission to which the broker is entitled is the sole responsibility of Seller. XIV. MISCELLANEOUS 14.01 This Agreement may be executed in any manner of counterparts which together shall constitute the agreement of the parties. 14.02 This Agreement and the terms and provisions hereof shall be effective as of the date this Agreement is executed by both parties and shall inure to the benefit of and be binding upon the parties hereto and their respective heirs, executors, personal representatives, successors, successor trustee, and assignees whenever the context so requires or admits. 14.03 Any amendment to this Agreement shall not bind any of the parties hereof unless such amendment is in writing and executed and dated by Purchaser and Seller. Any amendment to this Agreement shall be binding upon Purchaser and Seller as soon as it has been executed by both parties. 14.04 Captions and section headings contained in this Agreement are for convenience and reference only; in no way do they define, describe, extend or limit the scope or intent of this Agreement or any provisions hereof. 14.05 All terms and words used in this Agreement, regardless of the number and gender in which used, shall be deemed to include any other gender or number as the context or the use thereof may require. 14.06 No waiver of any provision of this Agreement shall be effective unless it is in writing signed by the party against whom it is asserted, and any waiver of any provision of this Agreement shall be applicable only to the specific instance to which it is related and shall not be deemed to be a continuing or future waiver as to such provision or a waiver as to any other provision. 14.07 If any date specified in this Agreement falls on a Saturday, Sunday or legal holiday, then the date to which such reference is made shall be extended to the next succeeding business day. 14.08 Seller is aware of and understands that the "offer" to purchase represented by this Agreement is subject to acceptance and approval by the Board of County Commissioners of Collier County, Florida, and the District School Board of Collier County. 14.09 If the Seller holds the Property in the form of a partnership, limited partnership, corporation, trust or any form of representative capacity whatsoever for others, Seller shall make a written public disclosure, according to Chapter 286, Florida Statutes, under oath, of the name and address of every person having a beneficial interest in the Property before Property held in such capacity is conveyed to Collier County. (If the corporation is registered with the Federal Securities Exchange Commission or registered pursuant to Chapter 517, Florida Statutes, whose stock is for sale to the general public, it is hereby exempt from the provisions of Chapter 286, Florida Statutes.) 14.10 This Agreement shall be governed in accordance with the laws of the State of Florida. MAR 2 3 200 XV. ENTIRE AGREEMENT 15.0! This Agreement and the exhibits attached hereto contain the entire agreement between the parties, and no promise, representation, warranty or covenant not included in this Agreement or any such referenced agreements has been or is being relied upon by either party. No modification or amendment of this Agreement shall be of any force or effect unless made in writing and executed and dated by both Purchaser and Seller. Time is of the essence of this Agreement. IN WITNESS WHEREOF, the parties he;-eto set forth their hands see!s. Dated Project/Acquisition Approved by BCC: AS TO PURCHASER: DATED: ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNT',/COMMISSIONERS COLLIER COUNTY, FLORIDA , Deputy Clerk BY: Donna Fiala, Chairman ASTOSELLER: i /: DATED: WITNESSES!~4 [~,.}'/?~,.;&. (Printed Name~ (Si¢tature) (l~inted Name) A-'NTONE C. MENDES, a Married Man Approved as to form and legal sufficiency: Assistant County Attorney PROJECT: Gateway Triangle PARCEL: Lot 15 (Folio # 61651680003) Lot 16 (Folio # 6163!720002) Lot 17 (Folio # 61631760004) Lot 18 (Folio # 61631800003) Lot 19 (Folio # 61631840005) Lot 20 (Folio # 61631880007) WARRANTY DEED THIS WARRANTY DEED made this /~¢4 day of ,~¢,-,~,~w , 20~, by ANTONE C. MENDES, a Married Man--n-7~hose post office address is 3000 70 Street S.W., Naples, Florida 34105-7214 (hereinafter referred to as "Grantor"), to COLLIER COUNTY, a political subdivision of the State of Florida, its successors and assigns, whose post office address is 3301 Tamiami Trail East, Naples, Florida, 34112 hereinafter referred to as "Grantee"). Wherever used herein the terms "Grantor" and "Grantee" include all the parties to this instrument and their respective heirs, legal representatives, successors and assigns.) WITNESSETH: That the Grantor, for and in consideration of the sum of Ten Dollars ($10.00) and other valuable consideration, receipt whereof is hereby acknowledged, hereby grants, bargains, sells, aliens, remises, releases, conveys and confirms unto the Grantee, all that certain land situate in Collier County, Florida, to wit: LOTS 15, 16, 17, 18, 19, and 20, BLOCK "C", NAPLES COMMERCIAL CENTER IsT ADDITION, ACCORDING TO THE PLAT THEREOF, RECORDED IN PLAT BOOK 8, AT PAGE 3, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA Subject to easements, restrictions, and reservations of record. This is NOT Nor Has It Ever Been the Homestead Property Of The Grantor. TOGETHER with all the tenements, ~ereditaments and appurtenances thereto belonging or in anywise appertaining. TO HAVE AND TO HOLD the same in fee simple forever. AND the Grantor hereby covenants with said Grantee that the Grantor is Iavvfully seized of said land in fee simple; that the Grantor has good right and lawful authority to sell and convey said land; that the Grantor hereby fully warrants the title to said land and will defend the same against the lawful claims of all persons whomsoever; and that said land is free of all encumbrances except as noted above. IN WITNESS WHEREOF, the said Grantor has signed and sealed these presents the day and year first above written. (Remainder of page left intentionally blank) MAR 2 3 200q pg. / z./' WITNESSES: (Print Full Name) (Signature) ~ (Pdnt Full Na~ ed Man STATE OF FLORIDA COUNTY OF COLLIER The foregoing instrument was acknowledged before me this /'7 ¢'~ day of ½~,,-,,,~.~ , 20 ~ ffZ, by ANTONE C. MENDES, who: /"~ is personally known to me OR / has produced -.:'? /as proof of identity. (affix notarial seal) I S ig n a~r~;C,~r~Pia b Ilo) ~:*~ ,~, IPrint Name of Notary Public) ' ,~.,~L c~.,~ ~/~. 'NOTARY PUBLIC ~'~:~'.~'~'c, Serial / Commission # (if any) ""~ ,; ~:?.~fCy Commiss on Expires: Approved as to form And legal sufficiency Ellen T. Chadwell WARRANTY DEED NAR 2 3 200 . PROVIDE DIRECTION MANAGEMENT PLAN PROTECTION EXECUTIVE SUMMARY TO STAFF FOR AMENDING POLICY THAT ADDRESSES THE GROWTH LISTED SPECIES OB~IECTIVE: To have the BCC provide direction to staff for amending Conservation and Coastal Management Element Policy 7.1.2(3) within the Growth Management Plan that addresses listed species protection. CONSIDERATION: In June 2002, the BCC adopted Growth Management Plan amendments for all lands within the County except for the Eastern Lands Study area. The purpose of these amendments was to address the requirements of the Governor and Cabinet's Final Order. The amendments adopted by the BCC were the result of a 3-year process including the input of the Rural Fringe Advisory Committee and Transmittal and Adoption hearings before the EAC, CCPC and the BCC. Also included were compliance reviews by the Department of Community Affairs at the Transmittal and Adoption stages of the public hearing process. Policy 7.1.2(3) of the Conservation and Coastal Management Element (CC~ME) states that: "The County shall, consistent with applicable GMP policies, consider and utilize recommendations and letters' of technical assistance from the Florida Fish and Wildlife Conservation Commission and recommendations from the US Fish and Wildlife Service in issuing development orders on property containing listed species. It is recognized that these agency reco~nmendations, on a case by case basis, may change the requirements contained within these wildlife protection policies and any such change shall be deemed consistent with the Growth Management Plan." The intent of the policy was to require the County to consider and use the expertise of the state and federal wildlife agencies when the County received their recommendations and letters of technical assistance. Even though the GMP policies also incorporated various listed species guidelines, it was recognized that site-specific situations evaluated by the agencies might result in recommendations that did not conform to these referenced guidelines. Because the County was to use the Agency recommendations in all cases, the second sentence .of Policy 7.1.2(3) recognizes that the conditions that exist for a specific project may well justify agency recommendations that are different from those referenced elsewhere, but that the agency recommendations would be appropriate and thus any deviations to the referenced requirements would be "deemed consistent with the Growth Management Plan." Two issues are associated with Policy 7.1.2(3). The first issue is of a "policy" nature, i.e., to what degree, if any, should the county rely upon Federal and State wildlife agencies regulatory authority and technical expertise in order to direct incompatible land uses away from listed species and their habitats. The second issue is the clarity of the policy's language and how it should be implemented. ~,ll~l:~ II~ t4AR 2 3 200 i Regarding the policy issue, staff understood that the intent of the current policy is for the County to rely on the expertise within federal and state wildlife agencies to evaluate and recommend development standards for specific situations that may deviate from the standards referenced elsewhere in Policy 7.1.2. If this is determined by the County Commission to be the appropriate role, regardless of the agency recommendations, then the existing policy should be amended simply to provide for clarity and ensure consistency with the other policies. If, on the other hand, it is determined that the County should play a more active role regarding listed species protection, then the existing policy will require an amendment to specify what that role will be. Regarding the clarity and implementation issue, the following observations are offered: 1. Internal Consistency/Conflicting Guidance. The policy requires staff to consider and utilize recommendations and letters of technical assistance consistent with applicable GMP policies yet any changes to the GMP's requirements will be deemed consistent with the Growth Management Plan? This is a fundamental conflict that needs to be fixed/addressed. 2. Nature of the Technical Recommendations. The current policy requires the County to utilize the technical recommendations received from the identified agencies that could be in the form of a letter of technical assistance or a permit requirement. Permits carry more 'authority' yet no guidance is provided as to which type of guidance will govern. 3. Conflicting Recommendations between agencies. Policy 7.1.2(3) does not provide any criteria to resolve potential conflicts when the County receives conflicting recommendations from the two identified agencies? 4. Timing of Agency Recommendations. The County cannot require the identified agencies to provide recommendations or impose a deadline for submitting the recommendations. Two basic courses of action present themselves for the BCC to consider: 1. Propose a revision in the upcoming "Glitch Cycle." Because of the short timeframe in developing proposed language for incorporation into the "Glitch" amendments, staff respectfully requests that the BCC provide direction to staff on the "policy" issue (i.e., the degree to which the County relies on federal and state wildlife agencies for regulating listed species issues) at the March 23rd meeting. Staff can then draft language consistent with the BCC's direction for further review and consideration during the public hearing process. 2. Defer any revisions to a later date. Because of the complexity of a "fix", the BCC could defer the process of revising the policy to a later date and have staff work with the public to gather input for alternative approaches. These approaches would come to the BCC for consideration and BCC direction. FISCAL IMPACT: If the BCC directs staff to amend the Policy, then the immediate fiscal impact will be limited to the cost of staff time associated with revising the Policy and bringing it through the required public hearing process. AGF~A I1'I:.z~~ No. HAR 2 3 200 GROWTH MANAGEMENT IMPACT: Changing the County's approach to listed species protection may require the revision of other Conservation and Coastal Management Element policies in addition to Policy 7.1.2(3) to ensure internal consistency. RECOMMENDATION: That the Board of County Commissioners provide direction to staff regarding the amendment to the Growth Management Plan relative to listed species protection. PREPARED BY: /o,~f~lliam D. Loreh/z, Jr., P.ff, L~irec~or Environmental Services Department DATE: 0 '$' ~ 2-04 APPR OVEDB Y: '~ DATE: ~mmunity Development & iEnvironmental Services MAR 2 3 2C34 ~...B EXECUTIVE SUMMARY, ADOPT RESOLUTION OPPOSING PROPOSED HOUSE BILL 1495 AND SENATE BILL 2774 RELATED TO UNWARRANTED AND UNJUSTIFIED ELIMINATION OF LOCAL GOVERNMENT REGULATION OF WIRELESS COMMUNICATIONS FACILITIES OBJECTIVE: That the Board adopt the attached Resolution to express its opposition to House Bill 1495 and its Senate counterpart, Senate Bill 2774 CONSIDERATIONS: Proposed House Bill 1495 has passed the House Subcommittee on Telecommunications without opposition. These proposed amendmems to Section 365.172, Florida Statutes, severely erode the authority of all local governments to regulate placemem of and modifications to cell phone towers and related facilities. These proposed amendmems also restrict the authority of all local governments to regulate placement of antennas on buildings, water towers, and similar structures, and purports to allow any tower to be increased in height "a reasonable mount" to accommodate additional collocation (collocation in addition to the tower's then existing structural capabilities to accommodate such collocation). The Florida Association of Counties issued a "Call to Action" for its member counties to oppose this legislation. FISCAL IMPACT: 'The attached Resolution will have no fiscal impact. GROWTH MANAGEMENT IMPACT: This Resolution will have no impact on growth management. RECOMMENDATION: Staffrecommends that the Board adopt the attached Resolution to express its opposition to enactment of this proposed legislation into Florida's General Law and direct Staff deliver a copy of this Resolution to the Florida Association of Counties and to each member of Collier County's Local Legislative Delegation. These companion Bills are moving through the Legislature process. If these amendments are enacted into law, they will negatively impact Collier County and all other local governments, as well as untold numbers of landowners who no doubt will be negatively impacted by many ceil phone towers (and related facilities) being installed or modified at locations that are not necessary or warranted to facilitate 911 or Egl I Prepared by: I~. E. "Bleu" Wallace, Director c/D~Operati°ns ,/~ Approved b 'Y~r / )Eommunity Development & L//E~n~ Services Division Date: Date: ~ii~/~A 7a RESOLUTION NO. 2004- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, OPPOSING ENACTMENT INTO LAW PROPOSED FLORIDA HOUSE BILL 1495 AND FLORIDA SENATE BILL 2774 RELATING TO UNWARRANTED AND UNJUSTIFIED ELIMINATION OF LOCAL GOVERNMENT REGULATION OF WIRELESS COMMUNICATIONS FACILITIES, APPARENTLY INCLUDING SUCH FACILITIES THAT DO NOT EVEN FACILITATE 911 SERVICES OR Egll SERVICES. WHEREAS, proposed Florida House Bill 1495 and proposed Senate Bill 2774 provide that then existing towers (defined as "any structure designed primarily to support wireless antennas"), including such nonconforming towers, may be increased in height "a reasonable amount to allow for [additional] collocation" either through extension of the height of such tower or by replacement of such tower, and no local government (including Collier County), when making such height extension or total replacement decisions, shall not consider compliance with any local government zoning ordinance or regulation, any local government subdivision ordinance or regulation, any landscap~ ordinance, any tree protection ordinance, any sign ordinance, or any other ordinance or regulation concerning any aspects of development of land, and the County is actually prevented fi~om having any public hearing or considering any public input; and WHEREAS, any antenna that is being collocated on an existing structure (which includes "towers, buildings, utility structures, light poles, water towers, clock towers, bell towers steeples, and the like") in a manner that does not increase the height of the exiting structure or any existing antenna, whichever is higher, and any placement of related equipment to serve such new antenna are not subject to land development regulations, but shall be subject only to staff-level building permit review; and WHEREAS, a local government's regulatory authority over placement, construction or modification of wireless facilities, including antennas, towers and equipment enclosures is to be based solely of a local government's land use and zoning authority (limited to evaluating relevant land use and zoning issues only) and shall not even consider a provider's alleged business need for a particular site, quality of service or network design; therefore, if the applicable zoning allows the facility (including tower) the local government is bound by the applieanffprovider's assertion that the applied-for tower mu'st be located at the applicant's selected wireless communications site; and WHEREAS, setback and distance separation requirements shall apply only to the towers, and not to guy wires or guy anchors, etc, and such requirements shall be the minimum necessary to address an identified health, safety, or general welfare issue that is directly protected by virtue of the setback or distance separation requirement; and WHEREAS, if aesthetic protections or protections against visual impacts are used as justification for regulation of placement, construction or modification of wireless communications facilities, such regulations must be directly related to that aesthetic or visual imnact and shall be the minimum necessary to orovide such nrotection: and WHEREAS, upon the applicant's submittal of additional information, the County has only ten (10) days to notify the applicant/provider of any then remaining deficiencies which must be cured, and any deficiency not so notified in writing is waived; and WHEREAS, any County moratorium or action or inaction that has the effect of a moratorium on placement, construction, or modification of wireless communications facilities, or the specified expedited review of such applications, whether or not excusive to wireless facilities, must be adopted in the same manner as a zoning ordinance and shall not be for a time longer than six (6) months, and WHEREAS, it appears that the applicant/provider is not even required by the proposed amendments to assert that the applied-for wireless facilities in fact are planned to facilitate 911 services or E911 services. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: The Board of County Commissioners of Collier County, Florida opposes enactment into law of proposed Florida House Bill 1495 and its similar counterpart, Florida Senate Bill 2774, because many of the proposed amendments to Section 365.172, Florida Statutes, are not well considered, but are unjustified and unwarranted amendments, some, but not all of which, are listed above in the WHEREAS clauses. These proposed amendments do not properly ~lance the need for 911 and/or E911 services against the local governments' interests in regulating land use, or the interests of landowners, and these proposed Bills are otherwise not in the public interest; therefore the Board opposes many of these proposed amendments to Section 365.172, Florida Statutes. The Board of County Commissioners of Collier County, Florida, requests that its Local Legislative Delegation advocate that the proposed Bills not be enacted into law unless and until the County's concerns are cured by amendments to the proposed amendments to Section 365.172, Florida Statute. THIS RESOLUTION ADOPTED after motion, second and majority vote in favor of adoption this ~ day of ,2004. ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Deputy Clerk Anoroved as to form NOTICE OF CLOSED ATTORNEY-CLIENT SESSION Notice is hereby given that pursuant to Section 286.011(8), Fla. Stat., the Board of County Commissioners will meet in executive (closed attorney-client) session on TUESDAY, MARCH 23, 2004, in the Commission conference room, 3rd Floor, W. Harmon Turning Building, Collier County Government Center, 3301 East Tamiami Trail, Naples, Florida. The Board in executive session will discuss: Settlement proposal/litigation expense issues of the pending litigation case of HEALTH CARE REIT, INC. V. COLLIER COUNTY-CASE NO. 02-5002- CA & COLLIER COUNTY V. CERTAIN LANDS UPON WHICH IMPACT FEES ARE DELINQUENT-CASE NO. 03-231-CA, now pending in the Twentieth Judicial Circuit Court, Collier County, Florida. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA DONNA FIALA, CHAIRMAN DWIGHT E. BROCK, CLERK by:/s/Maureen Kenyon Deputy Clerk (SEAL) MAR 2 3 ~ J EXECUTIVE SUMMARY REQUEST FOR THE BOARD OF COUNTY COMMISSIONERS TO PROVIDE DIRECTION IN A CLOSED SESSION TO THE OFFICE OF THE COUNTY ATTORNEY REGARDING SETTLEMENT NEGOTIATIONS IN HEALTH CARE REIT, INC. V. COLLIER COUNTY-CASE NO. 02-5002-CA & COLLIER COUNTY V. CERTAIN LANDS UPON WHICH IMPACT FEES ARE DELINQUENT-CASE NO. 03- 231-CA, NOW PENDING IN THE TWENTIETH JUDICIAL CIRCUIT COURT FOR NAPLES, COLLIER COUNTY, FLORIDA. OBJECTIVE: For the Board of County Commissioners to provide direction to the Office of the County Attorney, pursuant to Florida Statutes, Section 286.011(8), regarding settlement negotiations in Health Care Reit, Inc. v. Collier County-Case No. 02-5002-CA & Collier County V. Certain Lands Upon Which Impact Fees are Delinquent-Case No. -231-CA, now pendin, g in the Twentieth Judicial Circuit Court in Naples, Collier County Florida. CONSIDERATIONS: The case of Health Care Reit, Inc. v. Collier County-Case No. 02-5002- CA & Collier County V. Certain Lands Upon Which Impact Fees are Delinquent-Case No. -23 I- CA is now pending in the Twentieth Judicial Circuit Court in Naples, Florida. Pursuant to Florida Statutes, Section 286.011(8), the Board of County Commissioners may meet in private with the County Manager, the County Attorney, Assistant County Attorney Jacqueline W. Hubbard, and a Court Reporter to discuss pending litigation to which Collier County is presently a party before a court. The subject matter of the meeting shall be confined to settlement negotiations. The County Attorney previously advised the Board of this desire for a closed session at the regularly scheduled Board of County Commissioners' meeting of March 9, 2004. FISCAL IMPACT: It is unknown what the fiscal impact, if any, might be at this time. GROWTH MANAGEMENT IMPACT: None. RECOMMENDATION: That the Collier County Board of County Commissioners provide direction to the Office of the County Attorney regarding negotiations in Health Care Reit, Inc. v. Collier County-Case No. 02-5002-CA & Collier County V. Certain Lands Upon Which Impact Fees are Delinquent-Case No. -231-CA, now pending in the Twentieth Judicial Circuit Court in Naples, Florida. Prepared by: '~..,.~o~..,_. ~ J~quel~ne W. Hubbard AXOistant County Attome/y4 Approved by: ~~ ~~~; ~ Da~d d. Weige~'~u~i~ Att~y- Date: NOTICE OF CLOSED ATTORNEY-CLIENT SESSION Notice is hereby given that pursuant to Section 286.011(8), Fla. Stat., the Board of County Commissioners will meet in executive (closed attomey-client) session on TUESDAY, MARCH 23, 2004, at approximately 12:00 Noon, in the Commission conference room, 3rd Floor, W. Harmon Turning Building, Collier County Government Center, 3301 East Tamiami Trail, Naples, Florida. The Board in executive session will discuss: Settlement negotiations related to strategy/litigation expenses of the pending litigation case of AQUAPORT V. COLLIER COUNTY, CASE NO. 03-1609-CA, now pending in the Twentieth Judicial Circuit in and h}r Collier County, Florida and AQUAPORT V. COLLIER COUNTY, ET AL., Case No.: 2:01-CV-341-FTM-29DNF, now pending in the U.S. District Court for the Middle District of Florida, Fort Myers Division and also pending in the U.S. District Court of Appeal for the Eleventh Circuit, Case Nos. 03-11291- B, 03-13298, and 03-13133. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA DONNA FIALA, CHAIRMAN DWIGHT E. BROCK, CLERK by:/s/Maureen Kenyon Deputy Clerk (SEAL) A(~.NDA i~M No. ~te Submitted: 03/17/04 I Agenda Item Requested Agenda Date: 3/23/04 l#12 5) Future Agendas (16) Consent Agenda Requested by: Micl3ael W. Pett~/~ Chief Assist~n. tY Atty./~ .3/._ / _ ~/""oun"' Mana"er: ~.t..~ ~" Date: ---roved by: ~,~,,4~__-~_ J~/~J~ I _,~J~ Dat~:~/17[i~r~ ~' 'Y ~ ' - ~"~ James V. M2~ / · -r~- ' David C. Wei~,1 -" O -- / / County Attorney O~ BO Item Title: THIS ITEM TO BE _ .H~ARD IMMEDIATELY FOLLOWING ITEM 12B - REQUEST F ARD OF COUNTY COMMISSIONERS TO PROVIDE DIRECTION IN A CLOSED SESSION TO THE OFFICE OF THE COUNTY ATTORNEY REGARDING SETTLEMENT NEGOTIATIONS IN AQUAPORT V. COLLIER COUNTY, CASE NO. 03.1609- CA, NOW PENDING IN THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY, FLORIDA AND AQUAPORT V. COLI~IER COUNTY, ET AL., CASE NO. 2:01.CV-341.1~rM-29DNF, NOW PENDING IN THE U.S. DISTRICT COURT FOR THE MIDDLE DISTRICT OF FLORIDA, FORT MYERS DIVISION AND ALSO PENDING IN THI~ U.S. COURT OF APPEAL FOR THE ELEVENTH CIRCUIT, CASE NOS. 03-11291-B, 03-13295, AND 03-13133. List of Document~ Attachad: ~ 2. 1. 4. 3. 5. COMMUNITY REDEVELOPMENT AGENCY EXECUTIVE SUMMARY RECOMMENDATION THAT THE COMMUNITY REDEVELOPMENT AGENCY (CRA) APPROVE A BUDGET AMENDMENT OF $154,782.00 FROM FUND 186 RESERVES TO FUND 186 EXPENSES FOR UTILITY AND ROAD PROJECTS IN THE IMMOKALEE REDEVELOPMENT DISTRICT. OBJECTIVE: To have the Community Redevelopment Agency (CRA) approve a budget amendment of $154,782.00 from Fund 186 Reserves to Fund 186 Expenses for utility and road projects in the Immokalee Redevelopment Area. CONSIDERATIONS: On January 22, 2003, the lmmokalee Local Redevelopment Advisory Board identified utility and road projects as a need within the vicinity of 10th Street and Clifton Street in the Immokalee Redevelopment Area, as depicted in Figure 1. The Advisory Board recommended that the Community Redevelopment Agency approve the allocation of $200,000 from the Redevelopment Trust Fund towards utility and road projects in the vicinity of 10~' Street and Clifton Street, as depicted in Figure 1, or other utility and road projects in the Immokalee Redevelopment Area. Believing that the lack of road and utility infrastructure in the redevelopment area acted as a constraint to market-driven redevelopment efforts, Staff supported the Advisory Board's recommendation; and on March 19, 2003 the CRA Board approved the $200,000 allocation. However, of the approved amount, only $45,218.00 was eventually paid out by the end of the fiscal year to the company conducting the work, Freeman & Freeman Construction, Inc. Because the remaining balance of the allocated funds, or $154,782.00, was not "rolled over" into the current fiscal year, these monies were automatically returned to the reserve fund. Consequently, when Freeman & Freeman submitted invoices upon completion of additional work in February of 2004, funds were not available to cover the costs. Therefore, Staff is recommending that $154,782.00 be allocated to Fund 186-138324. FISCAL IMPACT: CRA redevelopment efforts are partially funded through Tax Increment Financing (TIF). Hence, the incremental difference in tax revenues between the odginal frozen assessment value (1999), and the new higher assessed value in the Redevelopment Area is used to finance redevelopment efforts in redevelopment area. The Immokalee Local Redevelopment Advisory Board recommends that $154,782.00 of accrued tax increment currently held in the reserve fund be used for utility and road projects. CONSISTENCY WITH ADOPTED REDEVELOPMENT PLAN: The above-mentioned infrastructure improvements will implement several objectives of the adopted Redevelopment Plan, including those related to road and utility improvements. GROWTH MANAGEMENT IMPACT: Policy 4.7 of the Future Land Use Element of the Growth Management Plan states that redevelopment plans may be developed for specific areas within the County, including the Immokalee Area. ADVISORY BOARD RECOMMENDATION: Approve the budget amendment of $154,/'82.00 from Fund 186 Reserves to Fund 186 Expenses to be used to pay for utility and road projects in the 10"' Street and Clifton Street vicinity, as depicted in Figure 1, in the Immokatee Redevelopment District. COMPREHENSIVE PLANNING DEPARTMENT RECOMMENDATION: Staff concurs with the Advisory Board's recommendation. PREPARED BY: SENIOR PLANNER COMPREHENSIVE PLANNING DEPARTMENT N MANAGER COMPREHENSIVE PLANNING DEPARTMENT REV~ ~~ STUN LITSINGER, DIRECTOR COMPREHENSIVE PLANNING DEPARTMENT APPROV~ JOSF_~SCH~ / ADtv~II~ISTRATOR CsEO~IIIcUEN~TY DEVELOPMENT AND ENVIRONMENTAL DATE DATE DATE D/AT/E /4/-// MAR 2 3 200 FIGURE 1 MIMOSA A~ ROSA -3- ^C,e~A ~T~.~:~ ..... MAR 2 3 200zt EXECUTIVE SUMMARY APPROVAL OF A RESOLUTION URGING THE FLORIDA LEGISLATURE TO REAUTHORIZE AND FULLY FUND THE STATE AND LOCAL HOUSING TRUST FUNDS FOR FISCAL YEAR 2004-2005. OBJECTIVE: To increase the supply of adequate workforce housing in Collier County. CONSIDERATION: In 1992, the Florida Legislature adopted landmark legislation for affordable housing known as the William E. Sadowski Affordable Housing Act, providing funds for affordable housing to all 67 counties and an additional 48 cities. Since its inception, the Sadowski Act has assisted more than 150,000 families with affordable home ownership or rental housing through programs such as the State Housing Initiatives Partnership (SHIP) program, the State Apartment Incentive Loan (SAIL) program, and the Florida Affordable Housing Guarantee Fund. In addition, the Sadowski Act has enabled local governments and the state to bring over $620 million in federal HOME monies to Florida by providing local match funds. Anticipating the exponential growth of Florida's population and housing costs, the Sadowski Act uses a portion of the state real estate documentary transfer fee to fund the state and local housing trust funds. The Sadowski Act was, and continues to be, supported by a broad bipartisan coalition of statewide interests including the Florida Home Builders Association, the Florida Association of Realtors, the Florida Bankers Association, the Florida League of Cities, the Florida Association of Counties, Florida Legal Services, Inc., 1000 Friends of Florida, the Florida Housing Coalition, Florida Catholic Conference, Florida Impact, and many others. Sadowski Act funds enable local governments to implement local housing programs and housing partnerships. Sadowski Act funds are highly leveraged: for every dollar of Sadowski funds, the public and private sector invests at least six dollars. To date, Sadowski Act funding has brought over an estimated $9 billion in other public and private sector investments. Sadowski Act funding provides ongoing technical assistance to local governments and nonprofit organizations and is used to respond to emergencies by providing relief after natural disasters. Sadowski Act funds have also created thousands of jobs in the construction.industryl Florida serves as the national model for effectively funding flexible and productive programs for affordable housing. The effects locally of the Governor's proposed budget would be especially harmful to the working families in Collier County in need of decent, safe, affordable housing. The Governor's proposal aims to divert $2,073,609 from Collier County's annual SHIP allocation, and reallocate those funds to other items in his budget. This shortfall equates to the loss of 139 new affordable units, 309 new jobs lost, and nearly $16,000,000 in lost economic opportunity, in Collier County alone. AOEND~, 2 3 200q Reauthorization of the Housing Trust Funds and full funding for affordable housing are needed, not only to provide shelter for Florida's and Collier County's working families and their children, the elderly and the disabled, but also to provide an incredibly efficient boost to our economy, something all fiscal conservatives should support. Full funding is fiscal responsibility. FISCAL IMPACT: Approval of this resolution will urge the Florida Legislature to fully fund the State and Local Affordable Housing Trust Funds. If successfully funded, Collier County's FY05 SHIP allocation would be approximately $4,195,325, rather than the 2,121,716 as proposed in the Governor's budget (a shortage of 2,073,609, representing a 49.5% cut). GROWTH MANAGEMENT IMPACT: Full funding of the Affordable Housing Trust Fund will assist Collier County in meeting the requirements of the Housing Element of the Growth Management Plan. RECOMMENDATION: That the Board of County Commissioners approve the resolution urging the Florida Legislature to fully fi~nd the Affordable Housing Trust SUBMITTED BY: Date: ~ C~rmac J. Giblin, Hou~{n~ Development Manager }FtLn~~'strat~y?nd Housing Department R V W DBY: Denton Baker, Director }lousing Department !ommunity Development and Environmental Services Division APPROVED BY' ~ seph K. Schfltitt, Admln,Mrator AOF. NDA rrtM MAR 2 3 200q RESOLUTION NO. 2004- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, URGING THE FLORIDA LEGISLATURE TO REAUTHORIZE AND FULLY FUND THE STATE AND LOCAL HOUSING TRUST FUNDS FOR FISCAL YEAR 2004-2005. WHEREAS, Collier County has an obligation to provide for the housing needs of its current and anticipated populations, and being able to assist lower income families is dependent upon sufficient housing assistance from state programs; and WHEREAS, the Governor's Fiscal Year 2004-2005 Budget proposes to reduce the State Housing Trust Fund, which funds such programs as SAIL, by approximately $52 million and to reduce the Local Government Housing Trust Fund, which funds such programs as SHIP, by approximately $115 million; and WHEREAS, the estimated resulting loss in SHIP funding for FY 2004-2005 to Collier County is two million seventy-three thousand six hundred and nine dollars ($2,073,609); and WHEREAS, the state housing trust funds must be reauthorized in 2004, and to that end the Senate has filed SB 1000 and SB 1002 to reauthorize the state housing trust funds; and WHEREAS, the William E, Sadowski Affordable Housing Act of 1992 intentionally relies upon documentary stamp taxes as its revenue source because of their nexus with the development of affordable housing and because it is a growth vehicle, necessary to keep pace with escalating land and housing costs; and WHEREAS, without state trust funds that are fully funded by a dedicated revenue source affordable housing funding will be uncedain and creation of such housing will likely remain stagnant or decrease; and WHEREAS, because these state trust funds serve first time homebuyers, working families, the elderly, persons with disabilities, and the homeless; and are the single greatest and most highly leveraged economic engine for our local economy, the state trust funds should not be reduced; and AGENDA ITEM HAR 2 3 200 WHEREAS, because more than over 700,000 of Florida's Iow income families are in immediate need of affordable housing (paying over 50% of their total household income for shelter), Florida, and Collier County, need more affordable housing funding, not less. NOW, THEREFORE, BE IT RESOLVED BY THE COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS THAT: Section 1. The foregoing whereas clauses are ratified and confirmed as being true and correct and are made part of this Resolution. Section 2. The Legislature is urged by this Board to act quickly to reauthorize the state and local housing trust funds by passing SB 1000, and SB 1002, as proposed. Section 3. The Board also urges the Florida Legislature to fully fund the state and local housing trust funds without any reduction in funding and without passing on those costs to local governments. Section 4. The appropriate County Officials are authorized to do all things necessary and expedient to carry out the intent of the provisions of this Resolution. Section 5. This Resolution shall take effect immediately upon adoption hereof. DATED: BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY FLORIDA ATTEST: DWIGHT E. BROCK, CLERK By: DEPUTY CLERK DONNA FIALA, CHAIRMAN APPROVED AS TO FORM AND LEGAL PATRICK G. WHITE ASSISTANT COUNTY ATTORNEY AGENDA ITEI~ EXECUTIVE SD~4ARY REQUEST TO GRANT FINAL APPROVAL OF THE ROADWAY (PRIVATE), DRAINAGE, WATER AND SEWER IMPROVEMENTS FOR THE FINAL PLAT OF "GLEN EDEN, PHASE ONE" THE ROADWAY AND DRAINAGE IMPROVEMENTS WILL BE PRIVATELY MAINTAINED, THE WATER AND SEWER IMPROVEMENTS WILL BE MAINTAINED BY COLLIER COUNTY OBJECTIVE = To grant final approval of the infrastructure improvements associated with that subdivision known as "Glen Eden, Phase One" CONSIDERATIONS= On November 25, 1998, the Board of County Commissioners granted preliminary acceptance of the roadway, drainage, water and sewer improvements in "Glen Eden, Phase One" The roadway and drainage improvements will be maintained by the project's homeowner's association. The water and sewer improvements will be maintained by the County. o The required improvements have been constructed in accordance with the Land Development Code. The County Development and Environmental Services has inspected the improvements and is recommending final acceptance of the improvements. 4. A resolution for final acceptance has been prepared and approved by the County Attorney's Office. A copy of the document is attached. 5. This Executive Summary has been reviewed and approved by Transportatio~ Services and Public Works Utilities. FISCAL IMPACT= The roadway and drainage improvements will be maintained by the project's homeowners association. Water and sewer improvements will be maintained by the County's Utility Department through their operation and maintenance budget. GROWTH MANAGEMENT IMPACT= There is no growth management impact. MAR 2 3 200 / Executive Summary Glen Eden, Phase One Page 2 RECOMMENDATION: That the Board of County Commissioners grant final acceptance of the roadway, drainage, water and sewer improvements in "Glen Eden, Phase One" and release the maintenance security. 1. Authorize the Chairman to execute the attached resolution authorizing final acceptance. 2. Authorize the release of the maintenance security. PREPARED BY: John R. Houldsworth, Engineering Review Senior Engineer Date RE~WED BY: Thomas E. Kuck, P.E. Engineering Review Director / County Engineer APPROVED BY: unit~s~ph KQ SD~v. and Enviroh~itt' Adm~ni~na~[ Svcs. Dat~ AGENDA ITEM MAR 2 3 RESOLUTION NO. 04- RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLOR[DA TO AUTHORIZE FINAL ACCEPT.~NCE OF THOSE ROADWAY, DRAINAGE, AND WATER .AND SEWER IMPROVEMENTS IN GLEN EDEN, PHASE ONE, RELEASE OF THE MAINTENANCE SECURITY, AND ACCEPT THE MAINTENANCE RESPONSIBILITY FOR THE ROADWAY, DRAINAGE, AND WATER AND SEWER IMPROVEMENTS THAT ARE NOT REQUIRED TO BE MAINTAINED BY THE GLEN EDEN HOMEOWNERS ASSOCIATION. WHEREAS, the Board of County Commissioners of Collier County, Florida, on March 24, 1998 approved the plat of Glen Eden, Phase One for recording; and WHEREAS, the Developer has constructed and inaintained the roadway, drainage, and water and sewer improvements in accordance with the approved plans and specifications and as required by the Land Development Code (Collier County Ordinance No. 91-102, as amended), and the Utilities Standards and Procedures Ordinance (Collier County Ordinance No. 01-57); and WHEREAS, the Developer is requesting final acceptance of the roadway, drainage, and water and sewer improvements and release of his maintenance security; and ~3,fftEREAS, the Engineering Review Department of Community Development Serx, ices has inspected the roadway, drainage, and water and sewer improvements, and is recommending acceptance of said facilities. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that final acceptance is hereby granted for those roadway, drainage, and water and sewer improvements in Glen Eden, Phase One, and authorize the Clerk to release the maintenance security. BE IT FURTHER RESOLVED AND ORDERED that the County accept the future maintenance and other attendant costs for roadway, drainage, and water and sewer improvements that are not required to be maintained by the Glen Eden homeowners association. This Resolution adopted after motion, second and majority vote favoring same, this __ day of ,2004. DATE: ATTEST: DWIGHT E. BROCK, CLERK Approved as to form and legal sufficiency: Jen~fer A. B"~Ipedio Assistant Collier County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: __ DONNA FIALA, CHAIRMAN ~,.~NOA ITEM /¢ft HAR 2 3 200 KXECUTIVE SUMMARY ~'~REQUEST TO GRANT FINAL APPROVAL OF THE ROADWAY (PRIVATE), DRAINAGE, WATER AND SEWER IMPROVEMENTS FOR THE FINAL PLAT OF "GLEN EDEN, PHASE TWO" THE ROADWAY AND DRAINAGE IMPROVEMENTS WILL BE PRIVATELY MAINTAINED, THE WATER AND SEWER IMPROVEMENTS WILL BE MAINTAINED BY COLLIER COUNTY OBJECTIVE: To grant final approval of the infrastructure improvements associated with that subdivision known as "Glen Eden, Phase Two" CONSIDERATIONS~ On September 26, 2000, the Board of County Commissioners granted preliminary acceptance of the roadway, drainage, water and sewer improvements in "Glen Eden, Phase Two" o The roadway and drainage improvements will be maintained by the project's homeowner's association. The water and sewer improvements will be maintained by the County. The required improvements have been constructed in accordance with the Land Development Code. The County Development and Environmental Services has inspected the improvements and is recommending final acceptance of the improvements. 4. A resolution for final acceptance has been prepared and approved by the County Attorney's Office. A copy of the document is attached. 5. This Executive Summary has been reviewed and approved by Transportation Services and Public Works Utilities. FISCAL IMPACT: The roadway and drainage improvements will be maintained by the project's homeowners association. Water and sewer improvements will be maintained by the County's Utility Department through their operation and maintenance budget. GROWTH MANAGEMENT IMPACTs The~e is no growth management impact. MAR :2 3 2172% Executive Summary Glen Eden, Phase Two Page 2 RECOMMENDATION: That the Board of County Commissioners grant final acceptance of the roadway, drainage, water and sewer improvements in "Glen Eden, Phase Two" and release the maintenance security. 1. Authorize the Chairman to execute the attached resolutioh authorizing final acceptance. 2. Authorize the release of the maintenance security. PREPARED BY: John R. Houldsworth, Engineering Review Senior Engineer Date Thomas E. Kuck, P.E. Engineering Review Director / County Engineer Date APPROVED BY: Svcs. MAR 2 3 2004 ¢SLF ,R 2 3 RESOLUTION NO. 04- RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA TO AUTHORIZE FINAL ACCEPTAaNCE OF THOSE ROADWAY, DRAINAGE, .4aND WATER AND SEWER IMPROVEMENTS IN GLEN EDEN, PHASE TWO, RELEASE OF THE MAENTENANCE SECURITY, AND ACCEPT THE MAINTENANCE RESPONSIBILITY FOR THE ROADWAY, DRAINAGE, AND WATER AND SEWER EV1PROVEMENTS THAT ARE NOT REQUIRED TO BE MAINTAINED BY THE GLEN EDEN HOMEOWNERS ASSOCIATION. WHEREAS, the Board of County Commissioners of Collier County, Florida, on June 22, 1999 approved the plat of Glen Eden, Phase Two for recording; and WHEREAS, the Developer has constructed and maintained the roadway, drainage, and water and sewer improvements in accordance with the approved plans and specifications and as required by the Land Development Code (Collier County Ordinance No. 91-102, as amended), and the Utilities Standards and Procedures Ordinance (Collier County Ordinance No. 01-57); and WHEREAS, the Developer is requesting final acceptance of the roadway, drainage, and water and sewer improvements and release of his maintenance security; and WHEREAS, the Engineering Review Department of Community Development Services has inspected the roadway, drainage, and water and sewer improvements, and is recommending acceptance of said facilities. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that final acceptance is hereby granted for those roadway, drainage, and water and sewer improvements in Glen Eden, Phase T~vo, and authorize the Clerk to release the maintenance security. BE IT FURTHER RESOLVED AND ORDERED that the County accept the future maintenance and other attendant costs for roadway, drainage, and water and sewer improvements that are not required to be maintained by the Glen Eden homeowners association. This Resolution adopted after motion, second and majority vote favoring same, this __ day of ., 2004. DATE: ATTEST: DWIGHT E. BROCK, CLERK Approved as to form and legal sufficiency: Je~edio Assistant Collier County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: DONNA FIALA, CHAIRMAN NAR 2 3 20,% -I Sheet I of 2 AVESMT2003-AR5200 EXECUTIVE SUMMARY PETITION AVESMT2003-AR5200 TO DISCLAIM, RENOUNCE AND VACATE THE COUNTY'S AND THE PUBLIC'S INTEREST IN A PORTION OF A UTILITY EASEMENT CONVEYED TO COLLIER COUNTY BY SEPARATE INSTRUMENT AND RECORDED IN OFFICIAL RECORD BOOK 2429, PAGES 3363 THROUGH 3368, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. LOCATED IN SECTION 11, TOWNSHIP 49 SOUTH, RANGE 25 EAST. OBJECTIVE: TO adopt a Resolution to vacate a portion of the Utility Easement conveyed to Collier County by separate instrument and recorded in Official Record Book 2429, Pages 3363 through 3368. CONSIDERATIONS: Petition AVESMT2003-AR5200 has been received by the Engineering Services Department from Roger Carter, PSM, from RWA Consulting, Inc., as agent for the petitioner, Ross Development Corp., requesting the vacation of a portion of the Utility Easement that was conveyed to Collier County by separate instrument. A small portion of the commercial building was constructed over the Utility Easement and the petitioner wants to vacate that portion so that the vacation would eliminate any title concerns from encroachment of the structure. Letters of no objection have been received from the following Collier County departments: Public Utilities, Engineering Services and Transportation. Zoning is C5. A copy of this Executive Summary and the date of the County Commission Board Meeting were sent to Ed Kant in Transportation and to Jacquelyn Johnson in Public Utilities on February 23, 2004. FISCAL IMPACT: Planning Services has collected a $1,000 "Petition to Vacate" fee from the petitioner which covers the County's cost of recording and processing the Petition. GROWTH MANAGEMENT IMPACT: associated with this Executive Summary. There is no Growth Management Impact A~NOA ITEM 2 3 Sheet 2 of 2 AVESMT2003-AR5200 ENGINEERING SERVICES STAFF RECOMMENDATION: That the Board of County Commissioners: 1. Adopt tho Resolution for Petition AVESM2~2003-AR5200 for the vacation of a portion of the Utility Easement conveyed by separate instrument; and 2. Authorize the execution of the Resolution by its Chairman and direct the Clerk to the Board to record a certified copy of the Resolution in the Official Records. PREPARED BY: /77, a.,/' Rick Grigg, P.S.M. Engineering Services DATE:~ REVIEWED BY: _ _ . ~' ' Thomas E. Kuck, P.E. Engineering Services Director J/6se)/ph K: Sc_hmitt: Administrator nunity Development & Environmental Services DATE:,~/.z/~7r MAR 2 3 200t~ RESOLUTION NO. 2004- A RESOLUTION OF THE COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS FOR PETITION AVESMT2003-AR5200 TO DISCLAIM, RENOUNCE AND VACATE THE COUNTY'S AND THE PUBLIC'S INTEREST IN A PORTION OF THE UTILITY EASEMENT CONVEYED TO COLLIER COUNTY BY SEPARATE INSTRUMENT AND RECORDED IN OFFICIAL RECORD BOOK 2429, PAGES 3363 THROUGH 3368, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. LOCATED IN SECTION 11, TOWNSHIP 49 SOUTH, RANGE 25 EAST. WHEREAS, pursuant to Section 125.01(0, Florida Statutes, Roger Carter, PSM, from RWA Consulting, Inc., as agent for the petitioner, Ross Development Corp., requests the vacation of a portion of the Utility Easement that was conveyed to Collier County by separate instrument and recorded in Official Record Book 2429, Pages 3363 through 3368, Public Records of Collier County, Florida; and WHEREAS, the Board has this day held a public heating to consider vacating a portion of the Utility Easement that was conveyed to Collier County by separate instruments and recorded in Official Record Book 2429, Pages 3363 through 3368, as more fully described below, and notice of said public hearing to vacate was given as required by law; and WHEREAS, the granting of the vacation will not adversely affect the ownership or tight of convenient access of other property owners and is deemed to be in the Public's interest and to provide a Public benefit. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the following described portion of the Utility Easement referenced above be and is hereby disclaimed, renounced and vacated: See Exhibit "A" attached hereto and incorporated herein. Page 1 of 2 AGENDA I'r~u ~ ! H, R 2 3 200 BE IT FURTHER RESOLVED, that the Clerk to the Board is hereby directed to record a certified copy of this Resolution in the Official Records of Collier County, Florida. This Resolution is adopted this after motion, second and majority vote favoring same. day of , 2004, DATED: ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Deputy Clerk BY: Donna Fiala, Chairman Approved as to form and legal sufficiency: Patrick G. White Assistant County Attorney Page 2 of 2 PARCEL 0 30 6O GRAPHIC SCALE 1"= 60' EXHIBIT "A " SKETCH AND DESCRIPTION THIS IS NOT A SURVEY pARCEL 'B " EXHIBIT SHEET I OF 1 AVESMT2003-AR5200 BED, BATH BEYOND PLdZA UNPLA TTED LEGAL DE$CRIP13ON 0¢ A PORTION OF A 15' U~]UTY EASEMENT VACA~ON SITUATED IN THE STATE OF FLORIDA. COUNTY OF COLUER. LYING IN SEc"noN 11. TOWNSHIP 49 SOOTH. RANGE 2.5 EAST. AND LYING IN PARC['L 'R". AS RECORDED ON THE PLAT OF 'HOM£ DEPOT NAPLES'. AS RECORDED IN PLAT BOOK 33. AT PAGES 65 AND 66. OF THE PUBUC RECORDS OF COLUER COONTY. FLORIDA AND BEING MORE pARllCULARLY DESCRIBED AS FOLLOWS: COMMENCING AT NORIHEAST CORNFR OF PARCEL 'R'. PLAT OF 'HOME DEPOT NAPLES' AS RECORDED IN PLAT BOOK 53. AT PAGES 65 ANO 66. OF THE PUBLIC RECORDS OF COLUER COONTY. FLORIDA. AND ALSO BEING TH[ MOST NORTHEAS'rERLY CORNER Of' A 15' UTILITY EASEMENT. AS RECORDED IN OFFICIAL RECORDS BOOK 2429. PAG/ 556,~, OF COLLIER COONTY. FLORIDA; THENCE ALONG THE EAST UNE Og SAID PARCEL 'R'. S.BI'O8'50'W.. A DISTANCE OF 27.87 FEET. TO A POINT ON TH{[ EASTERLY LINE OF SAID ChcFIClAL RECORDS BOOK 2429. PACE 35623: THENCE [.EARING THE SAID EAST UNE AND ALONG THE SAID EASTERLY LINE. S.32'14'D2'W.. A DISTANCE OF' 85.82 FEE'T. TO ~ POINT OF BEGINNING OF THE 1;5' U'BUTY EASEMENT VACAllON. HEREIN DESCRIBED; THENCE ALONG THE SAID EASTERLY UNE. S. 52'14'02'W.. A DISTANCE OF 64.47 FEE:T. TO THE SOUTHEASll[RLY CORNER OF SAID OFFICIAL RECORDS BOOK 2429. PAGE 5~`3'. THENCE ALONG THE SOUTHWESTERLY UNE OF SAID OFF1CIAL RECORDS BOOK 2429. PAGE .3.563. N.57'45'58'W.. A DISTANCE OF 1.5.00 FEET. TO THE sooTHWEST[RLY CORNER OF SAID OFFICIAL RECORDS BOOK 2*,29. PAG~ 5363; THENCE ALONG THE W[SI}'.RLY UNE OF' SAID OFFICIAL RECORDS BOOK 2429. PAGE 5~3. N.`32'14'02'E.. A DISTANCE OF 64.47 FEET; THENCE LEA%~NG THE SAID W[SI~RLY UNE. S.ST45'58'E.. A DISTANCE OF 15.00 FEET. TO THE: POINT OF BEGINNING OF' THE 15' U'BI.JTY EASEMENT VACATION. HEREIN DESCRIBED; CONTAINING 967.00 SQUARE FELrT MORE OR LESS. SUBJECT TO EASEMENTS. RE:$TRICTION$. RESERVATioNS AND RIGHTS OF WAY. (RECORDED AND UNRECORDED. WRITTEN AND UNWRITTEN) BEARINGS AR[ BASED ON THE EAST LINE Cf' PARCEL R. AS RECORDED ON ll-iE PLAT OF 'HOME DEPOT NAPLES" AS RECORDED IN PLAT BOOK `3`3. AT PAGES 65 THROOGH 66. OF THE PUBUC RECORDS OF COLIJER COUNTY. FLORIDA. AS BEING S.01'08'50'W. ABBR [~/IATIONS: 0.R. = OFFICIAl. RECORDS P.0.C. - POINT OF COMMENCEMENT P.O.~. = Po~NT OF BE:~NNIND ~ = sANr~,~Y ~U, NMOLE P:X2000\O0-0241.0`3 Ross Plaza - Easement Vocation~0001 General Consultation for easement vacatlonXExhibit-A.dwg lC Surveyors & Mappers, · Plarm~s, Project Managers 3050 North Horses.hoe Drive, Suite 270 Naples. FlotKla 34104 Phone: (239) 649-1509 FAX: (239) 649-7056 ~T~ ~o/o8/o3 SCALE: 1"=60' S.P.E. CHECKED R.G.C. SEC: ~NP; RGE: 1 1 4gs 25E CLIENT: ROSS DEVI TITLE: PROJECT NUMBER: 00-0241.0: AOENI)A ITEM HAR 2 3 200 , ,.9- 28 03 11: OSa ROSS DEVELOPMEMT 10/28/2883 10:53 9416491857 RWA 330 S38 8513 PAGE Attachment "C" PETITION FORM FOR T/{E EXTINGUiSI-IAI~NT OF PUBLIC DEDICATED EASEMENTS RECORDED BY SEPARATE INSTRU~IENT IN TIzEE PUBLIC RECORDS (OTHER THAN ON A SUBDIVISION PLAT) ON PLATTED OR U'NPLATTED LAND, EXCEPT FOR PUBLIC ROADS Date Received :_ / Petition #: ~ity/Statc: COl~-t- t ~r~(., C) ~ 0 Zip Code:_~4~ 10 - ~ip Code:~ ?. ZL~&~. ~5~~ ~ g-., Does this affect Date I hereby authorize Agent above to represent me for this petition: Signature of Petitioner' PrLat Name Please see "Policy and Procedure for the Extinguishment of Public Easements by Separate Instrument- for the ]List of supportive materials which must accompany this petition, and deUver or mail to: Community Development & Environmental Services Division Planning Services Department 2800 North Horseshoe Dr. Naples, Florida 34104 (1) If appllemat h a land trust, indicate the name of beneficiaries. (2) Iff appUeaat i$ a corporation other than a pubUc corporaUon, indicate t~ke name of officers and major stockholders. (3) If applicant is a partnership, limited partnership or other business entity, indicate the name of principals, (4) List all other owi~ers. Amachment "C" Pag~ 4 of 4 AGENDA ITEM ' MAR 2 3 200 Official Receipt - Collier County CDPR1103 - Official Receipt Board of County Commissioners IPost Date 12224/2003 Payment Slip Nbr AR 5200 Trans Number 452136 Date 12/24/2003 3:18:44 PM Appl Name: ROGER CARTER Appl Stage/Status: REVIEW STAGE NO. 1/PENDING Address: 3050 N. HORSESHOE DR. #270 NAPLES FL 34104 Proj Name: HOME DEPOT PARCEL R Type: TAZ: 65 Subdiv Nbr: 3164 Project Nbr: 2003120062 Payor · ROSS OPERATING Fee Information Fee Code I Description 10TRVCI VAC EASEMENT-ROW GL Account 13113832632910000000 - Total Arn0Uht~ Waived $ioo0.o0: $io0~o~ Payments Payment Code CHECK lAccount/Check Number 998 Amount. $1000~'00 Memo: Total Cash $0,00 Total Non-Cash $1000.00, Total Paid I $1000,001 Cashier/location: CORZO_M / 1 User: SMITH_G Collier County Board of County Commissioners CD-Plus for Windows 95/NT MAR 2 3 200~ 03 02: 37p ROSS DEVELOPMEHT 330 ~38 8513 U/I,- -] a~:27P8 ailG~ ~. aROCl, HC f~ 24,0~ SPEC~L WA~~ DEED ~',70 15~20. O0 Re La: This document prepared by: Charles L. Wood, Esq. Airman, Kritzer & Levick, P.C. 6400 Powers Ferry Road, N.W., Suite 224 Atlanta, Georgia 30339 Property Appraisers Parcel ID Number: ~ ~_~.2.00~ Grantee's Fed ID. Return to: g~e. t-um 'To: 7bst Atru.'rican Title Insurance Company Co mercioI Office 2A40~ US ,H~y 19 North, Suite 212 ~,.'3.'~- 'iOd, Cleamater, Fl. 33763 This Special Warranty Deed made the _ I ~ day of September, 1998 by B~OME DEPOT U.S.A., [NC., a Delaware corporation, having an office at 2455 Paces Ferry Road, Building C, 20th Floor, Atlanta, Georgia 30339, hereinafter called the Grantor, to NAPLES REAL ESTATE VENTURE, LTD., an Ohio limited liability company, 2202 Niles-Cortland Road, Cortland, Ohio 44410, hereinafter called the Grantee. WITNESSETH: That the Grantor, for and in consideration of the sum of $10.00 and other valuable considerations, receipt whereof is hereby acknowledged, hereby grants, bargains, sells, Miens, premises, releases, conveys and confirms unto the Grantee all that certain land situated in Collier Count'y, State of Florida being identified as Parcel R and crosshatched on page 1 of 2 of Exhibit "A" attached hereto, and also being more particularly described by metes and bounds on page 2 of 2 of Exhibit "A" attached hereto (the "Property"). TO HAVE AND TO HOLD the same in fee simple forever. This conveyance is made subject to the matters set forth on Exhibit "B" attached hereto (the "Permitted Exceptions"). Grantor hereby covenants with said Grantee that Grantor is Iawfully seized of the Property in fee simple, and Grantor warrants that except for the Permitted Exceptions the Property conveyed hereby is free of all encumbrances, and Grantor will defend title hereto a~ainst the lawful claims of all persons whomsoever claiming by, through or under Grantor, except for claims under the Permitted Exceptions. AGENDA ITEM -- MAR 2 3 200 Dec 29 03 ROSS DEVELOPMEMT 330 . ,,:,~:%:.? ¥.,.? .' i¢~m?:? ?, .?.' . ' "~.'C .... "' ~ ' '' 838 8513 IN WITNESS : ~ Sad this" Special Warranty Deed to be executed as of the day and ~.~t.abo~;~'~ie~.)L Witnesses: ' . ":GRANTOR: HOME DEPOT U.S.A., INC., a Delaware corporation By: Name: Title: STATE OF GEORGIA ) ) COUNTY OF COBB ) SS: (CORPORATE SEAL ) p.S l lO T~e fore, g. oing i .m~,,ru~ent was acknowledged before me this ~day of September, 1998, by L' ~4,, %("6/l'~(r5 , as~G ~'~ residefi~f~O~ DEPOT p '~ U.S.A, ~C., a Delaw~e co~oratio~ on behoof s~d co~oration. Hd~ p erson~ly appe~ed before me, is personflly ~om to me or preduced as identification. Not~:~~ ~~~ ~OT~ SE~] Print Name~ ~~a ~cYe~ Nota~ Public, State of~~o; ~C a My comission ~[~s: -..'? . · ', · .. I g2497-2 - g/27/I 998 1630.047C AC=ENOA I'rEkl MAR 2 3 2004 De'c 29 03 02:37p ROSS DEVELOPMEMT 110 5 8958'17" w PARCEL R 4.89 AC. 330 638 8SI3 7 PARCEL B 1.60 AC 69,694 S~F. 182.09' 292.1, I I ! I I ! I / / / / / / / / // / / / / / / p.6 CEL B INCLUDEr~ N s 89',35'20" ,~-5',25' P U.~. ~93. PG ~413) C~8S~ FO(3 ~-- ~C S 89'55'20" W 424.23' I o PINE RIDGE ROAD SW Come r~-o SE 1/4, SE ~/4 z The "Property" EXHIBIT "A", Pace ! of 2 BED. 3iT~-2 ~ SE-./O,~D PLAZ~ J A~..NDA ITEM g. Dec 29 03 02:38p ROSS DEVELOPMEMT 330 638 8S13 .PG: p.7 1920 LEGAL DESCRtPTlOtW: OF PARCEL R: County, ~)~f~ 1~ ~ ~g ~e S~{h line ofsald Eec{ion 1 l, S 89035'20.. %~% 899.~2 feet: {h~ ,N 01 '0~'~0', E, 67.5t feet ~ the ~'o~er/~. right~ w ~ Road) {s de, cried In O.~ Book 893, Pnoe 0/~n .... '_~'~f~te Road 896 E, ~9.82 fc~ thence S 8P'58'17" W, 292.14 feet; thence S 00Q4',I0,, E, 551.43 reek st~,te Road 89~; ~eace alo~ snid Hgl, t-o _ .~ S 89~5~0,, %V, 37.71 Feet: thmc, S O0 ~.4,~,, E, I80.00 &et Io sald ~M~her/y righLof-wav Be~nning, confining 4 89 - ' ~ r ~}, N g9~5'20', E, 310,00 f~t to thc Point #Ii33o~R. EXHIS~T "A" ~ . AGENDA ITEM MAR 2 3 200~ 29 O3 02: 38p ROSS DEVELOPMENT 330 638 8S13 -. 1998, a h~ not yet due ~d p~b]~ · ~ maRers, ~ndifio~, r~cfio~ or other ~ments of record. Such state of facts as ~ a~mte, ~gent m~ey of the subject prope~y would reveal, and ~1 ma~e~ sho~ on t~t ~ m~ey ofprope~ inclu~g ~e t~ct ofl~d her~y conveye~ prep~ by S & ~ ~d Su~eyo~, Ft. Myer, Flofid~ dated lu[y 12, 1996. p.8 I g'~497-2 - ~7/199g 1630.047C AG~IOA frF_M MAR 2 3 200 i Sent By: RWA, INC.; 239 278 5419; 0ct-9-03 3:41PM; 1 ~ql ~ . ? ar~ ~ t~.{!_{_ty facilt~e~, ~ ~hm follcwin~ ~ lantirn ~ ctat~ ar~ ~ f_ir~t ~e · ¢ · 233226'1- OR: 2429 pe~: 3363 Page 2 Xl£ma~, Xrit~r & Lev£~k, P.C, AGENOA rrtM MAR 2 3 200~ ~ent By: RWA~ INC.; 239 278 5419; HFFJ~ t LF~ 1' [ TLE Oct-9-03 3:42PM; 434 Page 3 P-1I/~1 NAR 2 3 200t~ Sent E~y_.'_ RWA, ]:NC. 239 278 5419; 0ct-9-03 3:42PM; Page 4/7 r 01~: 2429 ~° 7t0L~ ~I~YZ' U.S.A,. ~-~. ;. AGENOA ITF. J~ .... //M~ MAR 2 3 2OO~ Sent By: RWA, INC.; 239 27,8 5419; Oct -9-03 3:42P~; L~.d Investment ~cr.~J¢o.% [n~. Page 5/7 ):. MAR 2 3 2001 ~._ !& Sent By: RWA, TNC.~ 239 278 5419~ 0ct-9-03 3:43PM; Page 6/7 1',4AR 2 3 200~ / 7 AGENDA ITEM ~, Sent By: RWA, INC.j 239 278 5419; Oct-g-03 3:43PM; Page 7/7 P. 15/2.1 Sheet AC~.NOA l]T~~ ~, MAR 2 3 200~ MAP ID' 49-25-1 CORPORAfION BOULEVARD ,/ 3F' EDC[MONT 42 .578 593 Map Keda~ion' ILES AGENDA ITF..i~ ,,,o...._..._..~&__,¢ ~._ /?_ 81/88/2884 16:27 9417322585 CC ENG PLaN ROOM P~6E COLLAR COUNIT P[ LI6 UTILITIES DMSION 3301 E. Tamiami Trail · Naples, Florida. 34112 · (239} 732-2575 · FAX (239) 732-Z526 January8,2004 Roger G. Carter, P.S.M. RWA, Inc. 3050 North Horseshoe Dr/m, Suite 270 'Naples, FL 34104 Sllbject: Ross Plaza Easement Vacat/on Request Dear DR. Carter: This office ha.q reviewed your request to vacate a portion of the utility easement at the above referenced location. The Collier County Water-SeWer D/strict has no facihties in the area and we therefore have no objection to the vacation of the easement. Should you have any further questions, please fe¢:l free to contact me at 732-2571. Sincerely, Jacquelya 1L Johnson Eng/neering Technician cc; Paul Mattausch, Water Dkector Joseph Cheatham, Wastewater Director Rick Cn'igg, Land Surveyor, Conmmnity Development g:\engfineering tech\eas~Fment-r.q~.w.tvaS~200,~\rosr l~.~l~ic _ o . MAR 23 200t i ~ . -., ,_ Development &(~I~IL ENGII'.rEEiq. S · .1. ~.. · · J,.- ,..l,.Environmenlai Consultants October 14, 2003 John Houldsworth Engineer Collier County Project Plan Review 2800 North Horseshoe Drive Naples, Florida 34104 Re: Vacation of a Uti!ig., Ear-ement Dear Mr. Houldsworth: Please be advised that we are the Consulting Engineers and agent for Ross Development Corporation, property owners of the land described in the attached Exhibit "A". We have been engaged by Ross Development Corporation for the purpose of petitioning Collier County in connection with the vacation of a portion of the utility easement currently existing on their property. This utility easement and the remainder easement is described and depicted on the attached Exhibit "A" and "B". As part of the formal procedure to vacate the portion of the utility easement, Collier County requires that certain utilities and users of the utility easement acknowledge this "Letter of No Objection." Please indicate your consent to the vacation of the portion of the utility easement by means of signature below and return the same to us. We have enclosed a postage-paid envelope for your convenience. Please do not hesitate to contact our office if you should have any questions. We thank you in advance for your prompt attention to this matter. Respect~aiiy, ~~~._~_..R . onsulting, Inc. Roger G.C~arter ~"~-~ ..... Principal The undersigned does hereby agree to have no obiection to the proposed vacation. By: PrintName: j~ ~ ~t.~,,~,ae~13,~, ~,. ~,~ Date: 3050 North Horseshoe Drive, Suite 270, Naples, Florida 34104 · (941) 64 AGENDA rl'E.M 14AR 2 3 200 COLLIER COUNTY GOVERNMENT 3 0 TRANSPORTATION SERVICES DIVISION TRANSPORTATION OPERATIONS DEPARTMENT August 13, 2003 Roger Carter, P.S.M., Principal RWA, Inc. 3050 North Horseshoe Drive, Suite 270 Naples, Florida 34104 2705 S. HORSESHOE DRIVE NAPLES, FL 34104 (941) 774-8494 FAX (941) 659-5787 t ransportation@colliergov, net Subject: Request for Vacation of Utility Easement Dear Mr. Carter: The Collier County Transportation Operations Development Review and Permitting Department has reviewed the information showing a 15' Utility Easement that is proposed to be vacated. A portion of the North Naples Home Depot building currently covers this easement. Based on an inspection of the plat, the easement appears to be a Utility easement and not a roadway or drainage easement. Therefore, the Transportation Services Division has no interest in the easement and cannot offer any opinion as to ~vhether or not the vacation should be granted. Please present a copy of this letter to the Engineering Review Section so that they will be aware that we have reviewed your request. If you have any questions regarding this matter, do not hesitate to contact me. Very truly yours, /. /f // Transportation 'Operations Director CC: Richard Grigg, P.S.M., Engineering Review Services File: Vacations MAR 2 3 200q 0 0 EXECUTIVE SUMMARY APPROVAL AN INCREASE OF $40,000 FROM THE PREVIOUSLY APPROVED EMERGENCY CONTRACT WITH TOMASELLO CONSULTING ENGINEERS, INC., FOR WORK TO PERFORM STUDIES IN SUPPORT OF COLLIER COUNTY'S RESTUDY OF THE FLOOD INSURANCE RATE MAPS RECENTLY RESCINDED BY THE FEDERAL EMERGENCY MANAGEMENT AGENCY (FEMA). OBJECTIVE: That the Board increase the authorized ceiling for contracted work to complete all the necessary topographic, scientific and engineering analysis for producing a complete set of revised Flood Insurance Rate Maps (FIRM) for Collier County from the previously approved estimated "to be no greater that $175,000" to read "to be no greater that $215,000" in accordance with Florida Statute 287.055, Consultant Competitive Negotiation Act, declare a valid public emergency as provided for in Section 3 (a) Public Announcement and Qualification Procedures and waive the standard qualification and selection process. CONSIDERATIONS: Under agenda item 9D of the March 9, 2004 Board of County Commissioners (BCC) Meeting, the Board authorized an emergency contract with Tomasello Consulting Engineers, Inc. (TCE), to perform studies and other work in support of Collier County's restudy of the flood insurance rate maps recently rescinded by the Federal Emergency Management Agency (FEMA). In support of that initiative, our consultant, TCE proposed to perform a hydrologic/hydraulic model study for five (5) basins that are known to have flood prone areas. The five studies along with the original estimated cost are as follows: 1. Cocohatchee River- including CREW area, North Airport Road, Pine Ridge Canal, Palm River -- $45,000 2. Golden Gate Main Canal, downstream of 951 Canal - including 1-75-1 and 2, 1-75 Canal, Harvey Canal, Green Canal, Golden Gate City drainage facilities, S. Airport Road, Golden Gate Main Canal Basin south of GGM Canal (north of Radio Road to SR 951) -- $45,000 3. District 6 - including Rock Creek, Haldeman Creek, Lely Canal -- $40,000 4. Henderson Creek/Belle Meade -- $40,000 5. Southern Coastal Basin -- $30,000 Total cost of the original estimate was actually $200,000, however, due to staff error the total cost of the costs was identified as $160,000 with a not to exceed $175,000 at the March 9, 2004 BCC. The additional $15,0000 in the original request and as with this request is to cover unexpected contingencies. FISCAL IMPACT: Total cost for the five Basin Studies to establish correct Base Flood Elevations is $215,000. Funding for this additional work will come from the unincorporated general fund (Fund 111) reserves. GROWTH MANAGEMENT IMPACT: None, although accurate floodplain information is vital to insure effective planning and permitting processes. AGENDA ITF..~I HAR 2 3 200 RECOMMENDATION: That the Board of County Commissioners increase the expenditure by the needed $40,000.00 for a total of no greater than $215,000.00 for the entire study SUBMITTED BY: REVIEWED BY: APPROVED BY: K. Schmit~, ~DES Division Administrator Ke/~,dy War ;L~r."P~urchasing ~d Contracts Agent, Purch.t~ontracts Depf. ~~/~~~ Date: ~K. Schmit~t, CDES Division Administrator AC.~.NDA ITEM HAR 2 3 200q EXECUTIVE SUMMARY APPROVAL OF A STATE FUNDED SUBGRANT AGREEMENT TO RECEIVE A $50,000 GRANT THROUGH THE DEPARTMENT OF COMMUNITY AFFAIRS RESIDENTIAL CONSTRUCTION MITIGATION PROGRAM. OBJECTIVE: To increase the supply of adequate workforce housing in Collier Coumy. CONSIDERATION: The Florida Department of Community Affairs (DCA) has offered Collier County a grant in the amount of $50,000 through the Residential Construction Mitigation Program (RCMP). The RCMP facilitates hurricane hardness ,and other weatherization improvements to be made on single-family homes, owned and occupied by low-income residents. The RCMP has further targeted these funds to assist the Front Porch community of Immokalee. RCMP grant funds will be used to make necessary improvements on homes participating in the County's other residential rehabilitation programs including SHIP, CDBG, and HOME. The $50,000 grant will be awarded in $5,000 increments for improvements to nine (9) qualifying households. Additionally, 10% o_C the grant ($5,000) may be used to cover administrative costs to the County. FISCAL IMPACT: Approval of this Subgrant Agreement will grant $50,000 to Collier County to be used to implement the Residential Construction Mitigation Program. The Program will award $5,000 grant to nme (9) qualifying households in the Immokalee Front Porch Community to fund repair activities. Up to $5,000 of the grant may be used to fund the administrative activities of the County associated wit this program. Execution of the attached Budget Amendment will allocate the funds to be expended. GROWTH MANAGEMENT IMPACT: Approval of this Subgrant Agreement will allow Collier County to enhance the development of workforce housing in accordance with the Housing Elemem of the Growth Managemem Plan of Collier County. RECOMMENDATION: That the Board of County Commissioners approve the Subgrant Agreement for the Residential Construction Mitigation Program. SUBMITTED BY: ~ r~-,~~r----- Date: IEormac J. Giblin, Housing Development Manager /~~istra~O~ and Housing Depamnent REVIEWED BY: {~i ~-~{ Q..)~/'-v. Date: Denton Baker, Director Financial Administrati~a~ Housing Department APPROVED BY: ~_~,~_~~,,~ Date: /Jt~eph K. Schm~trt, Xdministr~tor Community Development and Environmental Services Division AGENDA MAR 2 3 200~ p~,._ / ..... Contract Number: 04-RC-11-09-21-01-022 CSFA # 52.016 STATE-FUNDED SUBGRANT AGREEMENT THIS AGREEMENT is entered into by and between the State of Florida, Department of Community Affairs, with headquarters in Tallahassee, Florida (hereinafter referred to as the "Department"), and Collier County Board of County Commissioners, (hereinafter referred to as the "Recipient"). THIS AGREEMENT IS ENTERED INTO BASED ON THE FOLLOWING FACTS: A. WHEREAS, the Recipient represents that it is fully qualified and eligible to receive these grant funds to provide the services identified herein; and B. WHEREAS, the Department has received these grant funds from the State of Florida, and has the authority to subgrant these funds to the Recipient upon the terms and conditions hereinafter set forth; and C. WHEREAS, the Department has authority pursuant to Florida law to disburse the funds under this Agreement. NOW, THEREFORE, the Department and the Recipient do mutually agree as follows: (1) SCOPE OF WORK. The Recipient shall fully perform the obligations in accordance with the Budget and Scope of Work, Attachment A of this Agreement. (2) INCORPORATION OF LAWS, RULES, REGULATIONS AND POLICIES. Both the Recipient and the Department shall be governed by applicable State and Federal laws, rules and regulations. (3) .PERIOD OF AGREEMENT. This Agreement shall begin upon execution by both parties and shall end Ju unless terminated earlier in accordance with the provisions of paragraph (9) of this Agreeme~ 1 MAR 2 3 20l) (4) MODIFICATION OF CONTRACT; REPAYMENTS Either party may request modification of the provisions of this Agreement. Changes which are mutually agreed upon shall be valid only when reduced to writing, duly signed by each of the parties hereto, and attached to the original of this Agreement. All refunds or repayments to be made to the Department under this Agreement are to be made payable to the order of "Department of Community Affairs", and mailed directly to the Department at the following address: Department of Community Affairs Cashier Finance and Accounting 2555 Shumard Oak Boulevard Tallahassee FL 32399-2100 In accordance with § 215.34(2), Fla. Stat., if a check or other draft is returned to the Department for collection, the Department must add to the amount of the check or draft a service fee of Fifteen Dollars ($15.00) or Five Percent (5%) of the face amount of the check or draft, whichever is greater. (5) RECORDKEEPING (a) The Recipient shall retain sufficient records demonstrating its compliance with the terms of this Agreement for a period of five years from the date the audit report is issued, and shall allow the Department or its designee, Comptroller, or Auditor General access to such records upon request. The Recipient shall ensure that audit working papers are made available to the Department or its designee, Comptroller, or Auditor General upon request for a period of five years from the date the audit report is issued, unless extended in writing by the Department, with the following exceptions: 1. If any litigation, claim or audit is started before the expiration of the five year period and extends beyond the five year period, the records will be maintained until all litigation, claims or audit findings involving the records have been resolved. 2. Records for the disposition of non-expendable personal property valued at $5,000 or more at the time of acquisition shall be retained for five years after final dispositi MAR 2 3 200 after closing of title. (b) 3. Records relating to real property acquisition shall be retained for five years All records, including supporting documentation of all program costs, shall be of Work. sufficient to determine compliance with the requirements and objectives of the Budget and Scope of Work - Attachment A - and all other applicable laws and regulations. (c) The Recipient, its employees or agents, including all subcontractors or consultants to be paid from funds provided under this Agreement, shall allow access to its records at reasonable times to the Department, its employees, and agents. "Reasonable" shall be construed according to the circumstances but ordinarily shall mean during normal business hours of 8:00 a.m. to 5:00 p.m., local time, on Monday through Friday. "Agents" shall include, but not be limited to, auditors retained by the Department. (6) REPORTS (a) At a minimum, the Recipient shall provide the Department with quarterly reports, and with a close-out report. (b) Quarterly reports are due to be received by the Department no later than 30 days after the end of each quarter of the program year and shall continue to be submitted each quarter until submission of the administrative close-out report. The ending dates for each quarter of the program year are March 30, June 30, September 3q and December 31. (c) The close-out report is due 60 days after termination of this Agreement or upon completion of the activities contained in this Agreement. (d) If all required reports and copies, prescribed above, are not sent to the Department or are not completed in a manner acceptable to the Department, the Department may withhold further payments until they are completed or may take such other action as set forth in paragraph (9). The Department may terminate the Agreement with a Recipient if reports are not received within 30 days after written notice by the Department. "Acceptable to the Department" means that the work product was completed in accordance with generally accepted principles and is consistent with the Buc ~ct_..---~ e^nnn AC, END~. i'rEM 3 MAR 2 3 2OOQ (e) Upon reasonable notice, the Recipient shall provide such additional program updates or information as may be required by the Department. (7) MONITORING. The Recipient shall constantly monitor its performance under this Agreement to ensure that time schedules are being met, the Budget and Scope of Work is being accomplished within specified time periods, and other performance goals are being achieved. Such review shall be made for each function or activity set forth in Attachment A to this Agreement. In addition, the Department will monitor the performance and financial management by the Recipient throughout the contract term to ensure timely completion of all tasks. In addition to reviews of audits conducted in accordance with OMB Circular A-133, as revised and Section 215.97, Florida Statutes (see "AUDIT REQUIREMENTS" below), monitoring procedures may include, but not be limited to, on-site visits by Department staff, limited scope audits as defined by OMB Circular A-133, as revised, and/or other procedures. By entering into this Agreement, the Recipient agrees to comply and cooperate with any monitoring procedures/processes deemed appropriate by the Depadment. In the event that the Department determines that a limited scope audit of the Recipient is appropriate, the Recipient agrees to comply with any additional instructions provided by the Department to the Recipient regarding such audit. The Recipient further agrees to comply and cooperate with any inspections, reviews, investigations or audits deemed necessary by the Comptroller or Auditor General. In addition, the Department will monitor the performance and financial management by the Contractor throughout the contract term to ensure timely completion of all tasks. (8) LIABILITY. (a) Unless Recipient is a State agency or subdivision, the Recipient shall be solely responsible to parties with whom it shall deal in carrying out the terms of this agreement, and shall save the Department harmless against all claims of whatever nature by third parties arising out of the performance of work under this agreement. For purposes of this agreement, Recipient agrees that it is not an employee or agent of the Department, but is an independent contractor. MAR 2 3 200 t (b) Any Recipient who is a state agency or subdivision, as defined in Section 768.28, Fla. Stat., agrees to be fully responsible to the extent provided by Section 768.28 Fla. Stat. for its negligent acts or omissions or tortious acts which result in claims or suits against the Department, and agrees to be liable for any damages proximately caused by said acts or omissions. Nothing herein is intended to serve as a waiver of sovereign immunity by any Recipient to which sovereign immunity applies. Nothing herein shall be construed as consent by a state agency or subdivision of the State of Florida to be sued by third parties in any matter arising out of any contract. (9) DEFAULT; REMEDIES; TERMINATION. (a) If the necessary funds are not available to fund this Agreement as a result of action by Congress, the state Legislature, the Office of the Comptroller or the Office of Management and Budgeting, or if any of the following events occur ("Events of Default"), all obligations on the part of the Department to make any further payment of funds hereunder shall, if the Department so elects, terminate and the Department may, at its option, exercise any of its remedies set forth herein, but the Department may make any payments or parts of payments after the happening of any Events of Default without thereby waiving the right to exercise such remedies, and without becoming liable to make any further payment: 1. If any warranty or representation made by the Recipient in this Agreement or any previous Agreement with the Department shall at any time be false or misleading in any respect, or if the Recipient shall fail to keep, observe or perform any of the terms or covenants contained in this Agreement or any previous agreement with the Department and has not cured such in timely fashion, or is unable or unwilling to meet its obligations thereunder; 2. If any material adverse change shall occur in the financial condition of the Recipient at any time during the term of this Agreement from the financial condition revealed in any reports filed or to be filed with the Department, and the Recipient fails to cure said material adverse change within thirty (30) days from the time the date written notice is sent by the Department. 3. If any reports required by this Agreement have not been submitte( Department or have been submitted with incorrect, incomplete or insufficient information; to the NAR 2 3 200/i 4. If the Recipient has failed to perform and complete in timely fashion any of the services required under the Budget and Scope of Work attached hereto as Attachment A. (b) Upon the happening of an Event of Default, then the Department may, at its option, upon thirty (30) calendar days prior written notice to the Recipient and upon the Recipient's failure to timely cure, exercise any one or more of the following remedies, either concurrently or consecutively, and the pursuit of any one of the following remedies shall not preclude the Department from pursuing any other remedies contained herein or otherwise provided at law or in equity: 1. Terminate this Agreement, provided that the Recipient is given at least thirty (30) days prior written notice of such termination. The notice shall be effective when placed in the United States mail, first class mail, postage prepaid, by registered or certified mail-return receipt requested, to the address set forth in paragraph (10) herein; 2. Commence an appropriate legal or equitable action to enforce performance of this Agreement; 3. Withhold or suspend payment of all or any part of a request for payment; 4. Exercise any corrective or remedial actions, to include but not be limited to, requesting additional information from the Recipient to determine the reasons for or the extent of non- compliance or lack of performance, issuing a written warning to advise that more serious measures may be taken if the situation is not corrected, advising the Recipient to suspend, discontinue or refrain from incurring costs for any activities in question or requiring the Recipient to reimburse the Department for the amount of costs incurred for any items determined to be ineligible; 5. Exercise any other rights or remedies which may be otherwise available under law; (c) The Department may terminate this Agreement for cause upon such written notice as is reasonable under the circumstances. Cause shall include, but not be limited to, misuse of funds; fraud; lack of compliance with applicable rules, laws and regulations; failure to perform in a timely manner; and refusal by the Recipient to permit public access to any document, paper, letter, or other material subject to disclosure under Chapter 119, Fla. Stat., as amended. 6 MAR 2 3 200 (d) Suspension or termination constitutes final agency action under Chapter 120, Fla. Sta___jt., as amended. Notification of suspension or termination shall include notice of administrative hearing rights and time frames. (e) In addition to any other remedies, the Recipient shall return to the Department any funds which were used for ineligible purposes under the program laws, rules, and regulations governing the use of the funds under the program. (f) This Agreement may be terminated by the written mutual consent of the parties. (g) Notwithstanding the above, the Recipient shall not be relieved of liability to the Department by virtue of any breach of Agreement by the Recipient. The Depadment may, to the extent authorized by law, withhold any payments to the Recipient for purpose of set-off until such time as the exact amount of damages due the Department from the Recipient is determined. (10) NOTICE AND CONTACT. (a) All notices provided under or pursuant to this Agreement shall be in writing, either by hand delivery, or first class, certified mail, return receipt requested, to the representative identified below at the address set forth below and said notification attached to the original of this Agreement. (b) The name and address of the Department contract manager for this Agreement is: Charles McCool, Planning Manager Housing & Community Development Florida Department of Community Affairs 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 Telephone: (850) 488-3141 Fax: (850) 922-413-9857 Email: charles.mccool @ dca.state.fl, us (c) The name and address o.f the Representative of the Recipient responsible for the administration of this Agreement is: Comac Giblin, Manager Housing Development Collier County Financial Administration And Housing Development 2800 North Horseshoe Drive Naples, Florida 34103 Telephone: (239) 403-2336 Fax: (239) 403-2331 Email: :CormacGiblin @collierqov.net AC, ENOA ITEM I AR 2 3 200 (d) In the event that different representatives or addresses are designated by either party after execution of this Agreement, notice of the name, title and address of the new representative will be rendered as provided in (10)(a) above. (11) OTHER PROVISIONS.. (a) The validity of this Agreement is subject to the truth and accuracy of all the information, representations, and materials submitted or provided by the Recipient in this Agreement, in any subsequent submission or response to Department request, or in any submission or response to fulfill the requirements of this Agreement, and such information, representations, and materials are incorporated by reference. The lack of accuracy thereof or any material changes shall, at the option of the Department and with thirty (30) days written notice to the Recipient, cause the termination of this Agreement and the release of the Department from all its obligations to the Recipient. (b) This Agreement shall be construed under the laws of the State of Florida, and venue for any actions arising out of this Agreement shall lie in Leon County. If any provision hereof is in conflict with any applicable statute or rule, or is otherwise unenforceable, then such provision shall be deemed null and void to the extent of such conflict, and shall be deemed severable, but shall not invalidate any other provision of this Agreement. (c) No waiver by the Department of any right or remedy granted hereunder or failure to insist on strict performance by the Recipient shall affect or extend or act as a waiver of any other right or remedy of the Department hereunder, or affect the subsequent exercise of the same right or remedy by the Department for any further or subsequent default by the Recipient. Any power of approval or disapproval granted to the Department under the terms of this Agreement shall survive the terms and life of this Agreement as a whole. (d) The Agreement may be executed in any number of counterparts, any one of which may be taken as an original. (e) The Recipient agrees to comply with the Americans With Disabilities Act (Public Law 101 336, 42 U.S.C. Section 12101 et seq.), if applicable, which prohibits discrimination by public and private AGENDA I'r~.M / HAR 2 3 200 . entities on the basis of disability in the areas of employment, public accommodations, transportation, State and local government services, and in telecommunications. (f) A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime or on the discriminatory vendor list may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with a public entity, and may not transact business with any public entity in excess of Category Two for a period of 36 months from the date of being placed on the convicted vendor list or on the discriminatory vendor list. (12) AUDIT REQUIREMENTS. (a) The Recipient agrees to maintain financial procedures and support documents, in accordance with generally accepted accounting principles, to account for the receipt and expenditure of funds under this Agreement. (b) These records sha~l be available at all reasonable times for inspection, review, or audit by state personnel and other personnel duly authorized by the Department. "Reasonable" shall be construed according to circumstances, but ordinarily shall mean normal business hours of 8:00 a.m. to 5:00 p.m., local time, Monday through Friday. (c) The Recipient shall also provide the Department with the records, reports or financial statements upon request for the purposes of auditing and monitoring the funds awarded under this Agreement. (d) If the Recipient is a non-state entity as defined by Section 215.97, Fla. Stat., and in the event that the Recipient expends a total amount of State financial assistance equal to or in excess of $300,000 in any fiscal year of such Recipient, the Recipient must have a State single or project-specific audit for such fiscal year in accordance with Section 215.97, Fla. Stat.; applicable rules of the Executive Office of the Governor and the Comptroller; and Chapters 10.550 (local government enl (nonprofit and for-profit organizations), Rules of the Auditor General. EXHIBIT I to this 9 AGENDA ITEM MAR 2 3 2004 indicates State financial assistance awarded through the Department by this Agreement. In determining the State financial assistance expended in its fiscal year, the Recipient shall consider all sources of State financial assistance, including State funds received from the Department, other state agencies, and other non-state entities. State financial assistance does not include Federal direct or pass-through awards and resources received by a non-state entity for Federal program matching requirements. In connection with the audit requirements addressed in paragraph 12(d) above, the Recipient shall ensure that the audit complies with the requirements of §215.97(7), Fla. Stat. This includes submission of a reporting package as defined by §215.97(2)(d), Fla. Stat. and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General. If the Recipient expends less than $300,000 in State financial assistance in its fiscal year, an audit conducted in accordance with the provisions of §215.97, Fla. Stat, is not required. In the event that the Recipient expends less than $300,000 in state financial assistance in its fiscal year and elects to have an audit conducted in accordance with the provisions of §215.97, Fla. Stat, t he cost of the audit must be paid from the nonstate entity's resources (i.e., the cost of such an audit must be paid from the Recipient's resources obtained from other than State entities). (e) Report Submission 1. The annual financial audit report shall include all management letters and the Recipient's response to. all findings, including corrective actions to be taken. 2. The annual financial audit report shall include a schedule of financial assistance specifically identifying all Agreement and other revenue by sponsoring agency and Agreement number. 3. Copies of financial reporting packages required under this Paragraph 12 shall be submitted by or on behalf of the Recipient directly to each of the following: The Department of Community Affairs at each of the following addresses: Department of Community Affairs Office of Audit Services 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 and 10 MAR 2 3 200 Department of Community Affairs Division Housing and Community Development 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 The Auditor General's Office at the following address: Auditor General's Office Room 401, Claude Pepper Building 111 West Madison Street Tallahassee, Florida 32399-1450 4. Any reports, management letter, or other information required to be submitted to the Department pursuant to this Agreement shall be submitted timely in accordance with OMB Circular A-133, Florida Statutes, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for- profit organizations), Rules of the Auditor General, as applicable. 5. Recipients, when submitting financial reporting packages to the Department for audits done in accordance with OMB Circular A-133 or Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, should indicate the date that the reporting package was delivered to the Recipient in correspondence accompanying the reporting package. (f) The Recipient shall retain sufficient records demonstrating its compliance with the terms of this agreement for a period of five years from the date the audit report is issued, and shall allow the Department, or its designee, the Comptroller, or Auditor General access to such records upon request. The recipient shall ensure that audit working papers are made available to the Department, or its designee, the Comptroller, or Auditor General upon request for a period of five years from the date the audit report is issued, unless extended in writing by the Department. (g) In the event the audit shows that the entire funds disbursed hereunder, or any portion thereof, were not spent in accordance with the conditions of this Agreement, the Recipient shall be held liable for reimbursement to the Department of all funds not spent in accordance with these applicable regulations and Agreement provisions within thirty (30) days after the Department has notified the Recipient of such non-compliance. (h) The Recipient shall retain all financial records, supporting document.~ records, and any other documents pertinent to this contract for a period of five years after 11 A~iENDA I'1"~ statl~4~~_~ :he ~o:~ 3 200/t submission of the final expenditures report. However, if litigation or an audit has been initiated prior to the expiration of the five-year period, the records shall be retained until the litigation or audit findings have been resolved. (i) The Recipient shall have all audits completed in accordance with § 215.97, Fla. Stat. by an independent certified public accountant (IPA) who shall either be a certified public accountant or a public accountant licensed under Chapter 473, Fla. Stat. The IPA shall state that the audit complied with the applicable provisions noted above. (13) SUBCONTRACTS. (a) If the Recipient subcontracts any or all of the work required under this Agreement, a copy of the executed subcontract must be forwarded to the Department within thirty (30) days after execution of the subcontract. The Recipient agrees to include in the subcontract that (i) the subcontractor is bound by all applicable state and federal laws and regulations, and (ii) the subcontractor shall hold the Department and Recipient harmless against all claims of whatever nature arising out of the subcontractor's performance of work under this Agreement, to the extent allowed and required by law. (14) TERMS AND CONDITIONS. The Agreement contains all the terms and conditions agreed upon by the parties. (15) ATTACHMENTS. (a) All attachments to this Agreement are incorporated as if set out fully herein. (b) In the event of any inconsistencies or conflict between the language of this Agreement and the attachments hereto, the language of such attachments shall be controlling, but only to the extent of such conflict or inconsistency. (c) This Agreement has the following attachments: Exhibit 1 - Funding Sources A. Budget and Scope of Work 12 AC.,r:~OA rrU~ Ir,, HAR 2 200 , (16) FUNDING/CONSIDERATION (a) This is a cost-reimbursement Agreement. The Recipient shall be reimbursed for costs incurred in the satisfactory performance of work hereunder in an amount not to exceed $50,000.00 subject to the availability of funds. (b) Any advance payment under this Agreement is subject to Section 216.181(16), Fla. Stat. The amount which may be advanced may not exceed the expected cash needs of the Recipient within the first three (3) months, based upon the funds being equally disbursed throughout the contract term. If an advance payment is requested, the budget data on which the request is based and a justification statement shall be included in this Agreement as Attachment E. Attachment E will specify the amount of advance payment needed and provide an explanation of the necessity for and proposed use of these funds. 1. X No advance payment is requested. 2. An advance payment of $ is requested. (c) After the initial advance, if any, payment shall be made on a reimbursement basis as needed. The Recipient agrees to expend funds in accordance with the Budget and Scope of Work, Attachment A of this Agreement. (17) STANDARD CONDITIONS. The Recipient agrees to be bound by the following standard conditions: (a) The State of Florida's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature, and subject to any modification in accordance with Chapter 216, Fla. Stat. or the Florida Constitution. (b) If otherwise allowed under this Agreement, the Agreement may be renewed on a yearly basis for a period of up to two (2) years after the initial agreement or for a period no longer than the term of the original agreement, whichever period is longer, specifying the terms under which the cost may change as determined in the invitation to bid, request for proposals, or pertinent statutes or regulations. (c) All bills for fees or other compensation for services or expenses shall be submitted in detail sufficient for a proper pre-audit and post-audit thereof. 13 (d) If otherwise allowed under this ,~greement, all bills for any travel expenses shall be submitted in accordance with Section 112.061, Fla. Stat. (e) The Department of Community Affairs reserves the right to unilaterally cancel this Agreement for refusal by the Recipient to allow public access to all documents, papers, letters or other material subject to the provisions of Chapter 119, Fla. Stat., and made or received by the Recipient in conjunction with this Agreement. (f) If the Recipient is allowed to temporarily invest any advances of funds under this Agreement, any interest income shall either be returned to the Department or be applied against the Department's obligation to pay the contract amount. (g) The State of Florida will not intentionally award publicly-funded contracts to any contractor who knowingly employs unauthorized alien workers, constituting a violation of the employment provisions contained in 8 U.S.(:;. Section 1324a(e) [Section 274A(e) of the Immigration and Nationality Act ("INA")]. The Department shall consider the employment by any contractor of unauthorized aliens a violation of Section 274A(e) of the INA. Such violation by the Recipient of the employment provisions contained in Section 274A(e) of the INA shall be grounds for unilateral cancellation of this Agreement by the Department. (18) STATE LOBBYING PROHIBITION. No funds or other resources received from the Department in connection with this Agreement may be used directly or indirectly to influence legislation or any other official action by the Florida Legislature or any state agency. (19) COPYRIGHT, PATENT AND TRADEMARK ANY AND AIL PATENT RIGHTS ACCRUING UNDER OR IN CONNECTION WITH THE PERFORMANCE OF THIS AGREEMENT ARE HEREBY RESERVED TO THE STATE OF FLORIDA. ANY AND ALL COPYRIGHTS ACCRUING UNDER OR IN CONNECTION WITH THE PERFORMANCE OF THIS AGREEMENT ARE HEREBY TRANSFERRED BY THE RECIPIENT TO THE STATE OF FLORIDA. AG/NDA IT~ _ 2 3 200 /0 (a) If the Recipient brings to the performance of this Agreement a pre-existing patent or copyright, the Recipient shall retain all rights and entitlements to that pre-existing patent or copyright unless the Agreement provides otherwise. (b) If any discovery or invention arises or is developed in the course of or as a result of work or services performed under this Agreement, or in any way connected herewith, the Recipient shall refer the discovery or invention to the Department for a determination whether patent protection will be sought in the name of the State of Florida. Any and all patent rights accruing under or in connection with the performance of this Agreement are hereby reserved to the State of Florida. In the event that any books, manuals, films, or other copyrightable material are produced, the Recipient shall notify the Department. Any and all copyrights accruing under or in connection with the performance under this Agreement are hereby transferred by the Recipient to the State of Florida. (c) Within thirty (30) days of execution of this Agreement, the Recipient shall disclose all intellectual properties relevant to the performance of this Agreement which he or she knows or should know could give rise to a patent or copyright. The Recipient shall retain all rights and entitlements to any pre-existing intellectual property which is so disclosed. Failure to disclose will indicate that no such property exists. The Department shall then, under Paragraph (b), have the right to all patents and copyrights which occur during performance of the Agreement. (20) LEGAL AUTHORIZATION. The Recipient certifies with respect to this Agreement that it possesses the legal authority to receive the funds to be provided under this Agreement and that, if applicable, its governing body has authorized, by resolution or otherwise, the execution and acceptance of this Agreement with all covenants and assurances contained herein. The Recipient also certifies that the undersigned possesses the authority to legally execute and bind Recipient to the terms of this Agreement. (21) ASSURANCES. The Recipient shall comply with any Statement of Assurances incorporated as Attachment I. 15 /GA '/ MAR 2 3 200 (22) VENDOR PAYMENTS. Pursuant to Section 215.422, Fla. Stat., the Department shall issue payments to vendors within 40 days after receipt of an acceptable invoice and receipt, inspection, and acceptance of goods and/or services provided in accordance with the terms and conditions of the Agreement. Failure to issue the warrant within 40 days shall result in the Department paying interest at a rate as established pursuant to Section 55.03(1) Fla. Stat; The interest penalty shall be paid within 15 days after issuing the warrant. Vendors experiencing problems obtaining timely payment(s) from a state agency may receive assistance by contacting the Vendor Ombudsman at (850) 488-2924 or by calling the State Comptroller's Hotline at 1-800-848-3792. IN WITNESS WHEREOF, the parties hereto have caused this contract to be executed by their undersigned officials as duly authorized. Recipient: Collier County Board of County Commissioners By: Date: Name and Title: C~o-~a F;a:,% Chairman FID# 07-6997790 STATE OF FLORIDA, DEPARTMENT OF COMMUNITY AFFAIRS BY: Date: form Name and Title: Janice Browning - Division of Housing and Community Development 16 AGENDA MAR 2 3 2004 EXHIBIT - 1 FEDERAL RESOURCES AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING: None COMPLIANCE REQUIREMENTS APPLICABLE TO THE FEDERAL RESOURCES AWARDED PURSUANT TO THIS AGREEMENT ARE AS FOLLOWS: None STATE RESOURCES AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING: $50,000 MATCHING RESOURCES FOR FEDERAL PROGRAMS. None SUBJECT TO SECTION 215.97~ FLORIDA STATUTES: State Project Awarding Agency: CSFA Title: CSFA Number: Amount: Department of Community Affairs Residential Construction Mitigation Program 52.016 $50,000 COMPLIANCE REQUIREMENTS APPLICABLE TO STATE RESOURCES AWARDED PURSUANT TO THIS AGREEMENT ARE AS FOLLOWS: Only the goods and services described within the attached Agreement and Attachment A are eligible expenditures for the funds awarded. NOTE: Section .400(d) of OMB Circular A-133, as revised, and Section 215.97(5)(a), Florida Statutes, require that the information about Federal Programs and State Projects included in Exhibit I be provided to the recipient. 17 AC_,EN¢~ ITEM MAR 2 3 Attachment A Budget and Scope of Work SCOPE OF WORK: The Recipient, Collier County Board of County Commissioners will serve as the designated agency for the implementation of the Residential Construction Mitigation Program (RCMP) program in the Immokalee Front Porch Community. The RCMP offers grants to Low to Moderate Income homeowners to undertake retrofit measures needed to strengthen their homes and lessen damages from high-wind storms. RCMP funds shall be used to leverage State Housing Initiatives Partnership, CDBG, Weatherization and/or HOME funded residences scheduled for rehabilitation within the Bradenton Front Porch Community. A minimum of five (5) home shall be retrofitted. All retrofit construction shall be completed by the contract end date, June 30, 2004. 1. The Recipient shall designate a staff member to serve as the contact person and liaison to the Department on issues relating to the RCMP. This individual will be responsible for all inquiries, concerns or comments regarding implementation of the program. 2. The Recipient shall create a database to track all homes to be retrofitted. The database shall list homeowner's name, address, pre and post inspection dates, retrofit measures completed, retrofit cost, homeowner's insurance company and policy number, and local housing rehabilitation program leveraged and amount thereof. A completed copy of the database shall accompany the final closeout and due to the Department not later than 60 days after termination of this agreement. 3. The Recipient is responsible for pre-construction and post-construction inspections on each home to be retrofitted. The pre-construction inspection will identify recommended retrofit measures, as referenced by the Department's "Blueprint for Safety" building techniques, found at www.blueprintforsafety.org. 4. The Recipient is responsible for work write-ups on each home to be retrofitted. The work write-up, at a minimum, shall list the recommended construction measures, date work started and completed, retrofit costs, name of contractor, and Recipient's signature authorizing work. All retrofit measures shall comply with the standards detailed in the "Blueprint for Safety" building techniques. A copy of the work write-up shall accompany each request for payment forwarded to the Department by the Recipient. 5. The Recipient shall cooperate and coordinate with the Department's chosen contractor who shall perform post-retrofit quality assurance inspections on a limited number of retrofitted homes. 6. The Recipient shall prioritize Florida Windstorm Underwriters Association policyholders, where applicable, under this program. 7. The Recipient shall coordinate with the Department's chosen contractor to receive formal training on Blueprint for safety Resistant Retrofit Specifications and Techniques prior to implementation of this grant. BUDGET Administrative costs (Not to exceed 10% of total funds budgeted): Copying, postage, office supplies $ 500.00 Travel Local travel ($29/mi. X 500miles) Training and Technical Assistance Related office expenses (includes salaries and benefits) Construction labor and materials (retrofits) 18 $ 145.00 $ 1,000.00 $ 3,355 ~& $45,000 00 2 3 200 Indirect Cost Total funds budgeted for this agreement Requests for reimbursement shall reflect actual itemized expenses. shall be used for construction retrofits (labor and materials). $ 0.00 $50,000.00 Any unused administrative funds 19 AC.,EI4~ ITEM ~ I~AR 2 3 200~ EXECUTIVE SUMMARY REQUEST FOR FORGIVENESS OF ADMINISTRATIVE FEES AND INTEREST AND FINAL RELEASE OF LIEN IMPOSED AGAINST MARK T. & MIDORI M. CARROLL. OBJECTIVE: To obtain Board forgiveness and release of the lot mowing lien assessed against Mark T. and Midori M. Carroll. CONSIDERATIONS: Having found a violation of excessive weeds on the subject property in September 2002, the Code Enforcement Department provided the required notice via certified mail to the property owner of record as noted in the computer system utilized by the Division. The notice was returned to the Department with a notation fi.om the Post Office indicating delivery to the address was "attempted" but the address was "not known." The computer system utilized to locate property owner information is updated on a daily basis so in an attempt to determine if the address had been changed, the system was checked again but the only address noted was that to which the notice was sent. Having no information on a change of address, the property was posted for 10 days as required by County Ordinance. A re-inspection of the property after the I O-day posting revealed the violation had not been corrected, consequently the Department contracted to have the violation abated. It was not until December 2003, when the Department received a letter from Mr. Ray Carroll, the property owner's brother, that we were informed that the address for the property owner had been changed in June 2001. This information has since been provided to the Division's Addressing Department and has been updated. Mr. Ray Carroll has paid the cost for the mowing of the lot ($55.00) but feels his brother should not be held responsible for the administration fees assessed for the processing of the case and the lien, in addition to any interest that has been assessed thus far. On behalf of his brother, Mr. Carroll is requesting the Board of County Commissioners forgive the fees ($200.00) and interest ($15.38) and release the lien. FISCAL IMPACT: Fiscal Impact to fund 111-138911-343912 would equate to a loss of revenue totaling $215.38 in addition to the cost of recording the Release of Lien, which is $6.00. GROWTH MANAGEMENT IMPACT: This request will have no impact on Growth Management. RECOMMENDATION: Forgive $215.38 and release the subject lien. PREPARED BY: APPROVED BY: Michelle Edwards Arnold, Director Code Enforcement Department DATE: $ ' I - o ~. ~0~eph K~itt: Admini~str_ato~ tommunity Development & Environmental Services Division AOENOA ITEM HAR 2 3 200 This instrument prepared by: Janet Powers, Operations Manager Code Enforcement 2800 N. Horseshoe Dr. Naples, Florida 34104 (239) 403-2440 Property Folio No. 68300003723 RELEASE OF LIEN KNOW AI.I. MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Mark T. & Midori M. Carroll PSC 470 Box 2700 FPO AP 96534 The Lien was recorded on 3rd day of April 2003, in Official Record Book 3256 page 1216 in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of Two Hundred Fifty-Five Dollars and No Cents ($255.00) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: Lot 87, Port Of The Islands (The Cays), Phase Two, according to the map or plat thereof, recorded in Plat Book 21, Pages 1 through 4, Public Records of Collier County, Florida. Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels the Lien. The Clerk of the Circuit Court is hereby directed to record this Release of Lien in the Official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman directs execution and recording of this Release of Lien, by action of the Board this __ day of ,2004. ATFEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS, COLLI]ER COUNTY, FLOR[DA Approved as to form and legal sufficiency J ['IFI~R'BEL~IxO, Asst. County Attorney By: DONNA FIALA, CHAIRMAN lC, i/cd MAR 2 3 EXECUTIVE SUMMARY APPROVE AN AMENDED INTERGOVERNMENTAL AGREEMENT WITH THE DEPARTMENT OF ENVIRONMENTAL PROTECTION TO PROVIDE AN INCREASED LEVEL OF CUSTOMER SERVICE RELATING TO ENVIRONMENTAL PERMITTING OBJECTIVE: To provide an increased level of environmental resource permitting service for processing wetlands determination requests from the general public in Collier County consistent with Submerged Lands and Environmental Resource Permitting (SLERP) statutes, rules and procedures. CONSIDERATIONS: The original Intergovernmental Agreement signed on September 12, 2000 and amended on June 26, 2001, provided for housing one Florida Department of Environmental Protection (DEP) staff member at the Community Development and Environmental Services Center located at 2800 N. Horseshoe Drive. This Environmental Specialist serves to further the "one-stop-shop" concept by reviewing and issuing Environmental Resource Permits (ERP's) from the Horseshoe Drive facility and becoming part of our permit review process for DEP Submerged Lands and Environmental Resource Permitting (SLERP) applications for lands that potentially contain jurisdictional wetlands. The service is an integral part of the single-family home building permit process. Additional tasks handled by this individual include site visits on an as needed basis and providing consultation and assistance to County staff and to the public on various other environmental and water resource matters. If the Board chooses to not support this additional service, the service will have to be provided by the State, if they choose to expand their staff to support. The additional position is fully supported by the Collier Building Industry Association in that it provides a needed expedience to the process. As a result of the increased workload on the current DEP Environmental Specialist, re. presentatives of Collier County and the Department of Environmental Protection met to discuss this issue and that discussion resulted in a proposal to enter into an arrangement whereby the County will fund, through a grant, a total of two Department ERP staff persons for the exclusive purpose of processing or assisting in the processing of ERP and mangrove trirmning permit and sovereign submerged lands approval applications primarily for single-family home sites within Golden Gate Estates and the unincorporated area of Collier County. FISCAL IMPACT: The County will provide the Department of Environmental Protection the amount of $90,000 per state fiscal year to fund both permitting positions. The County paid the Department the amount of $45,000 on November 25, 2003 for the funding of a single employee covered under the previous agreement and will pay the prorated share of an additional $45,000 for the remainder of this fiscal year within 30 days of the effective date of this amendment to fund the additional employee. Funding for the additional position is available in Fund 113 Reserves. Funding for the additional position is available in Fund 113 (Community Development and Environmental Services) Reserves and both positions will be budgeted in the FY05 budget. identified and la, g? MAR 2 3 200tt GROWTH MANAGEMENT IMPACT: 'Coordination of wetlands reviews with DEP is consistent with Objective 1.3 of the Golden Gate Area Master Plan in that it enables the County to better protect and preserve the valuable natural resources. RECOMMENDATION: That the Board of County Commissioners approve the amended Intergovernmental Agreement. PREPARED BY: ~ Date: ~.~/~/~ ~>// Constance A. John~/n, Operations Analyst Community Development and Environmental Services Patrick G. White, Assistant County Attorney REVIEWED BY: Date: Denny Baker, Director Financial Housing and Administration Department / J~seph Ki SS~ait~, Admin~trator //Uommunity Development and Environmental Services 2 3' Prepared by: Patrick G. White, ACA Office of Collier County Attorney 3301 Tamiami Trail East Naples, FL 34112 THIRD AND AMENDED INTERGOVERNMENTAL AGREEMENT FOR ENHANCED ENVIRONMENTAL RESOURCES PERMITTING BETWEEN COLLIER COUNTY AND THE STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION, SOUTH DISTRICT OFFICE This Intergovernmental Agreement (Agreement) is entered into by and between Collier County, Florida, a political subdivision of the State of Florida, through the Collier County Board of County Commissioners (County) and the State of Florida Department of Environmental Protection, South District Office, (Department) for the purpose of providing an increased level of environmental resource permitting service to the citizens of unincorporated Collier County. This agreement amends and supersedes the agreement titled "Amended Intergovernmental Agreement for Enhanced Environmental Resources Permitting Between Collier County and the slate of Florida Department of Environmental Protection, South District Office," executed on June 26, 2001. RECITALS WHEREAS, under the Environmental Resource Permit (ERP) program authorized under Part IV of Chapter 373 of the Florida Statutes, the Department requires permits for the construction, alteration, removal or abandonment of any stormwater management system, dam, impoundment, reservoir, appurtenant work, or works in uplands and wetlands or other surface waters; and WHEREAS, the Department, as staff to the' Board of Trustees of the Internal Improvement Trust Fund, processes applications for authorizations to use sovereign submerged lands; and WHEREAS, the Department implements mangrove trimming permit requirements under Sections 403.9321-.9333 of the Florida Statutes; and WHEREAS, due to the rapid growth in southwest Florida and the limitation of staff resources, the Department is experiencing difficulty in meeting the demand for 1 of 4 MAR 2 3 2004 services related to the ERP, sovereign submerged lands, and mangrove trimming programs in Collier County; and WHEREAS, representatives of the County and the Department have met to discuss this issue; and WHEREAS, this discussion resulted in a proposal to enter into an arrangement whereby the County will fund through a grant two Department ERP staff persons dedicated to processing applications and performing other tasks associated with administering the ERP, sovereign submerged lands, and mangrove trimming programs within unincorporated Collier County; and WHEREAS, the County strives to provide the best service possible to its customers by establishing a one-stop shop delivery system for develol~ment services; and WHEREAS, the services to be performed under this Agreement will provide a real and substantial benefit for the citizens of the County, and further a valid County purpose; and WHEREAS, Collier County may enter into Intergovernmental Agreements pursuant to § 125.01 (1)(p), Florida Statutes (2003). NOW, THEREFORE, in consideration of the foregoing Recitals and the mutual promises and covenants stated herein, the County and the Department formally agree as follows: 1. The County will provide funding through a grant to the Department for the purpose of employing two Other Personnel Services (OPS) employees for the exclusive purpose of processing or assisting in the processing of ERP and mangrove trimming permit and sovereign submerged lands approval applications for activities within Collier County. The individuals filling this position will be located in the County Community Development and Environmental Services Division offices on North Horseshoe Drive, Naples, and will act solely as employees of the Department, which will be responsible for the employee's training, supervision, compensation and benefits, and all other personnel matters. 2. The County agrees to provide the Department, through a grant, the amount of $90,000 per state fiscal year to fund both OPS positions. The County paid the Department the amount of $45,000 on November 25, 2003 for the funding of the single employee covered under the previous agreement. Therefore, for the first year of this agreement the County shall pay an additional $45,000 within 30 days of the effective date of this amendment to fund the additional employee. All subsequent annual payments shall be for the full amount of $90,000. The payment of the funds will be made in an annual increment upon receipt of an invoice from the Department. 3. The Department agrees to diligently pursue the filling of the positions with qualified individuals. If the either of the individuals employed to fill these positions terminate employment for any reason, the Department agrees to immediately initiate the hiring process to retain another qualified individual to fill the position. ,C, ENO^ mT~ _ 2 of 4 MAR 2 3 200q 4. The Department agrees that all persons filling the position will be qualified to, and will perform capably, the duties shown in the attached position descriptions (Attachment A) exclusively for issues and development projects in unincorporated Collier County, provided, however, that any applications by or on behalf of Collier County shall be processed by other employees of the Department in the Fort Myers Office. 5. This Agreement becomes effective on the date of final execution and remains in effect until such time as one or both of the parties hereto wish to terminate it pursuant to the provisions of paragraph 6. Any funds not fully expended during one year of the Agreement shall b(~ applied to the next fiscal year of the Agreement. If the Agreement is terminated any unexpended funds remaining after the final payment to the employees must be returned to the County. 6. In the event of one party's failure' to fulfill any of its obligations under this Agreement, then the other party may immediately terminate this Agreement at any time. Either party may also terminate this Agreement after providing wdtten notice of its intent to terminate at least sixty (60) calendar days in advance of the date of termination. In addition, the terminating party must also provide the non-terminating party an opportunity to consult with the terminating party regarding the reason(s) for termination. In the event the Agreement is terminated, any unexpended funds remaining after the final payment to the employees must be retumed to the County. 7. Notice will be deemed sufficient when delivered by certified mail to the appropriate party at the address set forth below: For the County: Joseph K. Schmitt Collier County Community Development and Environmental Services Division 2800 North Horseshoe Drive Naples, FIo~:ida 34104 For the Department: Gordon Romeis Department of Environmental Protection Post Office Box 2549 Fort Myers, Florida 33902-2549 8. The Department's continuing participation in this Agreement (except for the termination described above) is subject only to the Florida Legislature's annual approval of the Department's spending authority for the services contemplated under this Agreement. 9. The County's manager for this Agreement is Joseph K. Schmitt, phone (239) 403-2385. The Department's manager for this Agreement is Gordon Romeis, phone (239) 332-6975, extension 145. All matters pertaining to the administration of this Agreement are to be directed to the respective party's manager for appropriate action or disposition. 3 of 4 MAR 2 3 2004 10. This agreement amends and supersedes the agreement titled "Amended Intergovernmental Agreement for Enhanced Environmental Resources Permitting Between Collier County and the State of Florida Department of Environmental Protection, South District Office," executed on June 26, 2001, recorded in Official Record (OR) Book No. 2857 Page No. 1836, which superceded the original Intergovernmental Agreement, signed September 12, 2000. 11. This Agreement will be recorded by the County in the Official Records of Collier County, Florida. IN WITNESS THEREOF, the parties hereto have executed the Agreement by their duly authorized officials effective on the latter date set forth below. Attest: Clerk of Courts Board of County Commissioners Collier County, Florida By: Deputy ClerK Date: APPROVED AS TO FORM AND LEGAL SUFFICIENCY: Patrick G. White, Ass't. Cty. Att'y. FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION · ,,,g District Director South District 4 of 4 MAR 2 3 200~ THIRD AND AMENDED INTERGOVERNMENTAL AGREEMENT FOR ENHANCED ENVIRONMENTAL RESOURCES PERMITTING BETWEEN COLLIER COUNTY AND THE STATE OF FLORIDA DEPARTMENT OF ENVIRONM~ PROTECTION, SOUTH DISTRICT OFFICE ATFACIfMENT A STATE OF FLORIDA DEPARTMENT OF MANAGEMENT SERVICES CAREER SERVICE SYSTEM POSITION DESCRIPTION POSITION NUMBER COPES CODE Present Proposed 37151035000 PERSONNEL OFFICE USE ONLY Cla~s Code I Type of Transaction 4809 I Information to be f~rnished to DMS 1: DEPARTMENT OF ENVIRONMENTAL PROTECq]ON 5. 2. Division Pres. South District ERp3' Bureau POp 4. Section/Subsection r . Submerged Lands & Environmental Resource Permitting Effective Date Cla$~ T~fle Environmental Specialist III (OPS) Approved By/Date Class Code 4809 Class Title Environmental Specialist Ill (OPS) 6. Duties and *45% Responsibilities: (* Identifies essential functions) In carrying out the duties of this position, the incumbent is expected at all times to be aware of and abide by the Department's Standards of Conduct, as well as any and all departmental and/or work unit rules, directives, policies, procedures, and/or general orders applicable lo performing the duties of this position, if incumbent of this position has completed, or must complete Public Service Training, incumbent is expected lo be aware of and abide by the Public Service Standards developed by the Department. If position is supervisory, incumbent is also expected to actively support and work toward fulfilling the Agency's Affirmative Action objectives and comply with the provisions of Chapter 60K-8, F.A.C. if managerial/supervisory, this position is responsible for maintaining effective internal communications with superiors and subordinates in keeping with the agency's standards and expectations for communication effectiveness. This is an advanced professional position responsible for facilitating the means and objectives of the Outreach and Watershed Management Strategies of the Department. This is accomplished primarily by processing and evaluating of wetlands determination requests fi.om the general public in Collier County consistent with Submerged Lands and Environmental Resource Permitting (SLERP) statutes, rules and procedures. This position is co-located with Collier County Government, and is intended to provide quick professional service in conjunction with the County's permitting division. This position requires medical monitoring and continued employment in this position requires the incumbent to pass a regularly scheduled medical monitoring physical in regard to his/her ability to perform the duties and functions of the job. Process wetlands determination requests from the general public in Collier County in accordance with in house procedures' specified in a South District procedures memo dated October 8, 2003. In coordination with SLERP clerical staff, maintains Submerged Lands and Environmental Resource Permitting (SLERP) Excel tracking system and enters initial information from the Request for Wetlands Determination Form. Ensures that adequate information is obtained fi.om the requestor to perform the determination prior to the site inspection. Perform site inspections to delineate wetlands using FAC rule 62- 340, the Florida Wetlands Delineation Manual (SEP and Water Management Districts) Florida Wetland Plants, and Identification Manual (DEP), Soil Surveys for respective counties (UA Department of Agriculture, Soil Conservation Service) and other resources. Details how wetlands were delineated using the Wetlands Determination Form. Provides dimensioned legible drawings of the wetland determination sites and proposed impact areas(s). Details if possible, how the wetland impacts(s) can be avoided or minimized. Provide notification to requestors of results o' (uplands versus wetlands). Results of determination are provided to Collier County Governmes results are also prepared on a bimonthly basis for entry into the South District's website. Repol on a weekly basis and include the number of wetlands determination requests received; number inspections completed; entries completed in PA; and entries completed in the Excel tracker. t staff~pr~; / ~ :s aret~l~ovided to gunervis afnew requests; number MAR 2 3 200 25% · 20% 5% 5% Responds to complaints and reports of violations within Collier County. Documents and reports findings to supervisor of any. wetlands violation(s) discovered during the performance of duties. If such violations are observed during site inspections, their impacts are documented by providing the following information utilizing the site evaluation form in accordance with Department Enforcement Procedures, SLERP Operations and Procedures Manual, and in-house procedt and guidelines. Violations are reported to SLERP Compliance and Enforcement Manager along with complete documentation within two (2) days of discovery. Follows up on compliance and enforcement activities within Collier County in accordance with Department Enforcement Procedures, SLERP Operations and Procedures Manual, and in-house procedures and guidelines. Assess the value of biological systems, identifies impacts which result fi.om construction projects, determines the appropriate regulatory and proprietary authorization necessary and evaluates the activity in accordance with criteria listed in Chapters 253,258, 373, and 403 Florida Statutes. These evaluations are conducted in accordance with the Submerged Lands and Environmental Resource Program (SLERP) operation and procedures manual, Department rules and regulations, and in house guidance and procedures. Prepares field reports and meets with respondents to discuss the violations, extent of wetlands on site, the need for permits, the enforcement resolution procedures, and opportunities to bring the project into compliance. Participates in meetings, provides information to applicants, agents, the general public, and representatives of other governmental agencies to inform them of statutes, rules, policies and procedures applicable to SLERP, including enforcement. Schedules and performs pre-application inspections, meets with applicant to discuss a site's potential for permitting, and submits written details of meeting highlights on projects as requested by supervisor. Provides customer service to public "walk-in" traffic and miscellaneous telephone requests. Assists Collier County inspectors with multi media inspections as requested. Other duties as assigned. AC.,rd~A ITEM MAR 2 3 200q 7. Knowledge, Skill(s), and Ability(ies): List any enlr~ level knowledge, skill(s), or ability(les) relating to this position including utilization of equipment. KSAs identified in this section are considered Essential Function(s). (1) Knowledge of the terminology, principles and analylical techniques of the physical nam. r~ sciences.. (2) .Knowle. dge~.of .p?~tial env, ironme, n. tal impacts which result from construction. (3) Ability to determine work priorities, and insure proper comp~euon or work assignments, t'~) ^vmty to so,ye promems and make decisions, (5) Ability to communicate effectively verbally and in writing. (6) Ability to collect, evaluate, analyze, and interpret scientific or technical data. (7) Ability Io understand and apply applicable roles, regulations policies and procedures relatin to e.n.v,.ronm~en!.al pro ,gr~rn. s. (.8) Ab!lity to deal .with the public in a tactfifi and courteous manner. (9) Ability to work independently. (10) Ability to establish and g mamtmn enecnve working remtionsnips with others. (i I) Knowledge of the Submerged Lands and Environmental Resource Program's (SLERP) operations and ,rocedures manual. (12) Knowledge of Florida Statues, and Administrative Code Rules relating to Regulatory and Proprietary Permit Application processing. (13) Knowledge of and ability to perform field biology/site inspection techniques in accordance with the SLERP operation and procedures manual as well as Department rules and regulations. (14) Ability to be able to wade, swim, snorkel and traverse difficull wetland terrain. 9. does not agree, indicate here: DO NOTAGREE~) Signature of Incumbent: 10. Signature of Reviewing AuthoriW. Department Head, Division Director, or other Administrative Officer) 11. SignatureofAgency Officer: Signature of Immediate Supervisor: Date: I certify that the statements of this position description, to the best of my knowledge, accurately describe the duties performed. (lf the employee Date: Date Date: 12. Supervisor's Position Number: 01681 Class Code: 4823 Class Tide: Environm~ County Name Collier Budget Entity: 3715 County Code Shift Code 11 0 13. List Class Code(s), Class Title(s), and Position Number(s) of subordinate position(s): None 14. Work Hours: (A) Daily from 8:00 a.m. to 5:00 p.m. (B) Total hours in work week: 4._Q0 Explain variations in work week: Flextime XXX Rotatinlg Shifts Extended Period Asymmetric Week Other 15. Special Requirement(s): Drivers' License XXX CDL Drivers' License__ SCUBA Certification__ Medical Monitoring .XXX On-call Residency __ Other (explain) NOTE: Completion of this section for all DEP position descriptions is mandatory. All "YES" answers require that the incumbent be furnished with a copy of the applicable rulers). 16. XXX Yes __ No Incumbent has Regulatory responsibilities and is subject to the provisions of Chapter 60K-15, Florida Administrative Code. 17. __ Yes XXX No Incumbent has Vendor Invoice/Warrant Processing responsibility in accordance with Section 215.422, Florida Statutes: a. Timely and accurate processing of vendor invoice and warrants for payment of good received or services rendered to avoid automatic interest penalty payments. b. Adhering to the provisiom and requirement of Section 215.422, F. S., and related Department of Envirunmental Protection invoice processing and warrant distribution procedures. AGENCY PERSONNEL USE ONLY ~-.\gdt-v.n.dou AGENDA 2 3 THIRD AND AMENDED INTERGOVERNMENTAL AGREEMENT FOR ENHANCED ~ONMENTAL RESOURCES PERMIITING BETWEEN COLLIER COUNTY AND THE STATE OF FLORIDA DEPAR~-ME-NT OF ENVIRONMENTAL PROTECTION, SOUTH DISTRICT OFHCE ATTACHMENT B POSITION NUMBER STATE OF FLORIDA DEPARTMENT OF MANAGEMENT SERVICES CAREER SERVICE SYSTEM POSITION DESCRIPTION COPES CODE Present Proposed 37151035000 Class Code 4809 Cla~. Title PERSONNEL OFFICE USE ONLY Type of Tramaction [ Effective Date I U~a~c IApproved By/Date Environmental Specialist Ill (OPS) .L DEPARTMENT OF ENVIRONMENTA PROTECTION 5. ClassCod¢ ClassTitl¢ 2. Division PreS. South District 3. Bureau 4809 Environmental Specialist HI (OPS) ERP 4. Section/Subsection ; Prop. Submerged Lands & Environmental Resource Permitting 6. Duties and Responsibilities: (* Identifies essential fuuctions) In carrying out the duties of this position, the incumbent is expected at all times to be aware of and abide by the Department's Standards of Conduct, as well as any and all departmental and/or work unit rules, directives, policies, procedures, and/or general orders applicable to performing the duties of this position. If incumbent of this position has completed, or must complete Public Service Training, incumbent is expected to be aware of and abide by the Public Service Standards developed by the Department. If position is · supervisory, incumbent is also expected to actively support and work toward fulfilling the Agency's Affirmative Action objectives and comp' with the provisions of Chapter 60K-8, F.A.C. If managerial/supervisory, this position is responsible for maintaining.effective internal . Communications with superiors and subordinates in keeping with the agency's standards and expectations for communication effectiveness. This is an advanced professional position responsible for facilitating the means and objectives of the Outreach and Watershed Management Strategies of the Department. This is accomplished primarily by processing and evaluating of wetlands determination requests from the general public in Collier County consistent with Submerged Lands and Environmental Resource Permitting (SLERP) .statutes, rules and procedures. This position is co-located with Collier County Government, and is intended to provide quick professional service in conjunction with the County's permitting division. This position requires medical monitoring and continued employment in this position requires the incumbent to pass a regularly scheduled medical monitoring physical in regard to his/her ability to perform the duties and functions of the job. Processes wetlands determination requests from the general public in Collier County. Maintains SLERP Excel tracking *55% system: enters initial information from the Request for Wetlands Determination Form; reviews SLERP Excel tracker to ascertain ifa wetlands determination has been previously performed on each project site; and ensures that adequate information is obtained from the requestor to perform the determination prior to the site inspection. Performs site inspections to delineate wetlands using F.A.C. Rule 62-340, the Florida Wetlands Delineation Manual (DEP and Water Management Districts), Florida Wetland Plants, an Identification Manual (DEP), Soil Surveys for respective counties (U.S. Department of Agriculture, Soil Conservation Service) and other resources. Details how wetlands were delineated using the Wetlands Determination Form. Provides dimensioned legible drawings of the wetlands determination sites and proposed impact area(s). Details if possible, how the wetland impact(s) can be avoided or minimized. Provides notification to requestors of results of wetlands determination (uplands versus wetlands) by phone and by letter. If a site is determined to contain wetlands, notification letter includes an ERP application and suggestions for project modification to avoid wetland impacts or meet a lessor form of authorization. After wetland determinations are perform :d- results are consistently entered into Permit Application (PA) tracking system and the SLERP Excel tracker a d pro~iOl~l~c/~h~er County Government staff as appropriate; results are also e-mailed on a bimonthly basis for entry i ,to thl~iiouth Distric.t..Ts website. Repons on a weekly basis to supervisor the performance and output of the following act vities for that week: number of new requests for Wetlands Determinations (WDs)received; entries into the SLERP Ex ;? trl~J~[;~v~t~/ inspected; whether determinations sent to Collier County Government and requestors per designa~ a proceaure; wnemer 15% 10% 5% ,0% 5% entered in PA; and whether SLERP Excel tracker ul~dated. The SLERP Excel tracker is used to document the above activities on a weekly basis by highlighting the work performed on the tracker and presented to the supervisor for review. The totals for each of the above activities performed are recorded on the "new requests" form and given to the supervisor on a weekly basis. Documents and reports findings to supervisor of any wetlands violation(s) discovered during the performance of duties. If such violations are observed during site inspections, their impacts are documented by providing the following information utilizing the site evaluation report form: area(s) are photographed; dimensioned legible drawing(s) of the site and impact area(s) are produced; area(s) cleared, dredged, filled and total impact area are determined (square feet and acres); isolated or contiguous wetlands determined, type and quality of wetlands impacted and surrounding areas determined, and wetland determination methodology utilized, and type and percentage of exotic plant species infestation are determined in the impact area and surrounding areas. Violations are reported to SLERP Compliance and Enforcement Manager along with complete documentation within two (2) days of discovery. Conducts compliance inspections on submerged lands lease renewal applications, and forwards inspection reports to State Lands' reviewers. Provides complaint response for unauthorized activities. Prepares trip reports, documents non- compliance, determines possible actions to abate any violations, and forwards file to Fort Myers Compliance and Enforcement staff. Processes and evaluates Environmental Resource and Mangrove Trimming permit applications and/or requests for Sovereign Submerged Land uses for projects in Collier County which require review of their potential impacts. Assess the value of biological systems, identifies potential impacts which result from construction projects or various types, determines appropriate Regulatory Permit and State Lands Authorization and evaluates proposals in accordance with criteria listed in Chapters 253,258, 373, and 403, Florida Statutes. These evaluations are conducted in compliance with the Submerged Lands and Environmental Resource Program (SLERP) operation and procedures manual, Department rules and regulations, and in-house time clock and policies. Evaluates permit applications, sends requests for additional information and required forms to obtain appropriate Regulatory Permit and State Lands Authorization, performs site inspections with recommendations to applicant, performs final action (issue or deny) on assigned projects. Schedules and performs pre- application inspections, prepares field reports, meets with applicants to discuss site potential and submits interoffice memorandums detailing meeting highlights on projects assigned by Supervisor. Participates in meetings, providing information to applicants, agents, the general public, and representatives of other governmental agencies to inform them of statutes, rules, policies and procedures applicable to SLERP, including enforcement. Schedules and performs pre-application inspections, prepares field reports, meets with applicant to discuss a site's potential for permitting, and submits written details of meeting highlights on projects as requested by supervisor. Provides customer service to public "walk-in" traffic and miscellaneous telephone requests. Assists Local Government inspectors with multimedia inspections at Local Government supervisory discretion. Other duties as assigned. MAR 2 3 200q 7. Knowledge, e~kiil(s), and Ability(les): List any entry level knowledge, skill(s), or ability(ies) relating to this position including utilization of equipment. KSAs identified in this section are considered Essential Function(s). (1) Knowledge of the terminology, principles and analytical technique~ of the ica/natural sciences. (2) Knowledge of potential environmental impacts which result flora construction. (3) Ability to determine work priorities, and insure work assignments. (4) Ability to solve problems and make decisions_ (5) Ability to communicate effectively verbally and in writing. (6) Ability to collect, evaluate, analyze, and interpret scientific or technical data. (7) Ability to understand and apply applicable rules, regulations policies and procedures relating to environmental programs. (8) Ability to deal with the public in a lactful and courteous manner. (9) Ability to work independently. (10) Ability to establish and naintain effective working relationships with others. (11) Knowledge of the Submerged Lands and Environmental Resource Program's (SLERP) operations and procedures manual. (12) Knowledge of Florida Statues, and Adminis~ative Code Rules relating to Regulatory and Proprietary Permit Application processing. (13) Knowledge of and ability to perform field biology/site inspection techniques in accordance with the SLERP operation and procedures manual as well as Department rules and regulations. (14) Ability to be able to wade, swim, snorkel and traverse difficult wetland terrain. Signature of Incumbent: 10. Signature of R~vicwing Authority: Department Head, Division Director, or other Administrative Officer) ! i. Signature of AgencyOfficer: Signature of Immediate Supervisor: Date: I certify that the statements of this position description, to the best of my knowledge, accurately describe the duties performed. (If the employee does not agree, indicate here: DO NOT AGREE ) Date: Date Date: 12. Supervisor's Position Number: O1681 Class Code: 4823 Class Title: Envir6nmental Manager County Name Collier Budget Entity: 3715 13. List Class Code(s), Class Title(s), and Position Number(s) of subordinate position(s): None 14. Work Hours: (A) Daily from 8:00 a.m. to 5:00 p.m. (B) Total hours in work week: 4_.Q0 . . ain variations in work week: Flextime X)CX Rotating Shifts Extended Period Asymmetric Week Other 15. Special Requirement(s): Drivers' License XXX CDL Eh'ivers' License __ SCUBA Certification __ Medical Monitoring XXX On-call __ Residency __ Other (explain) qOTE: Completion of this section for all DEP position descriptions is mandatory. All "YES" answers require that the incumbent be furnished with a copy oftbe applicable rule(s). 16. XXX Yes __ No Incumbent has Regulator? responsibilities and is subject to the provisions of Chapter 60K-15, Florida Administrative Code. 17. Yes XXX No Incumbent has Vendor Invoice/Warrant Processing responsibility in accordance with Section 215.422, Florida Statutes: a- Timely and accurate processing of vendor invoice and wan'ants for payment of good received or services rendered to avoid automatic interest penalty payments. b. Adhering to the provisiom and requirement of Section 215.422, F. S., and related Department of Environmental Protection invoice processing and warrant distribution procedures. AGENCY PERSONNEL USE ONLY I AR 23 2013q | EXECUTIVE SUMMARY Approval of the Satisfaction of Liens for Code Enforcement Board Case No. 2001- 042, 2001-020, 2001-007 and 2001-077. OBJECTIVE: To approve and authorize the Satisfi~ction of Lien in Code Enforcement Board in the following cases listed below: 2. 3. 4. 2001-042 styled Board of County Commissioners vs. Randy L and Lorraine Johns 2001-020 styled Board of County Commissioners vs. James Joseph Grant 2001-007 styled Board of County Commissioners vs. Tim Flick 2001-077 styled Board of County Commissioners vs. Gerald K. Davidson CONSIDERATION: 1. 2001-042; On September 27, 2001, a public hearing was heard before the Code Enforcement Board regarding violation of Section 2.7.6.5A of Ordinance No. 91-102, as amended and codified the Collier County Land Development Code. An Order hnposing Fine/Lien in the amount of Seven Thousand Two Hundred Eighty Eight Dollars and Sixteen Cents ($7288.16 for fines and operational costs incurred in this case was approved by the Code Enforcement Board on October 2, 2001. Said Certified copy of the Lien was recorded in Official Record Book 2902 Page 1884, et seq in the Public Records of Collier County Florida. An Affidavit of Compliance has been filed bearing the date of December 31, 2001 indicating compliance with the Order of the Code Enforcement Board. On February 23, 2004 the lien amount was paid in full. Therefore, a Satisfaction of Lien is in order as all requirements have been met in this case. 2. 2001-020; On April 26, 2001 a public hearing xvas heard before the Code Enforcement Board regarding violation of Sections 2.7.6.1 and 2.7.6.5 of Ordinance No. 91-102, as amended and codified the Collier County Land Development Code. An Order Imposing Fine/Lien in the amount of Seven Hundred Seventy Five Dollars and Forty Cents ($775.40) for fines and operational costs incurred in this case. Said certified copy of the Lien was recorded in Official Record Book 2867 Page 0159, et seq in the Public Records of Collier County Florida. An Affidavit of Compliance has been filed bearing the date of July 5, 2001 indicating compliance with the Order of the Code Enforcement Board. On February 19, 2004 the lien amount was paid in full. Therefore, a Satisfaction of Lien is in order as all requirements have been met in this case. 3. 2001-077; On March 22, 2001 a public hearing was heard before the Code Enforcement Board regarding violation of Sections 1.5.6 and 2.1.15 of Ordinance No. 91 - 102, as amended and codified the Collier County Land Development Code. An Order Imposing Fine/Lien in the amount of Four Hundred Thirty Three Dollars and Ninety Four I AR 2 3 200 Pg.., / Cents ($433.94) for operational cosls incurred in this case. The violation was abated before the fines began to accrue. Said certified copy of the Lien was recorded in Official Record Book 2850 Page 2286, et seq in the Public Records of Collier County Florida. An Affidavit of Compliance has been filed bearing the date of May 18, 2001 indicating compliance with the Order of the Code Enforcement Board. On February 22, 2004 the lien amount was paid in full. Therefore, a Satisfaction of Lien is in order as all requirements have been met in this case. 4. .2001-077; On September 27, 2001 a public hearing was heard before the Code Enforcement Board regarding violation of Sections 1.5.6, 2.1.15, 2.6.7.1 of Ordinance No. 91-102, as amended and codified the Collier County Land I)cvclopment Code. An Order hnposing Fine/Lien in the amount of Three Thousand Three Dollars and Ninety Cents ($3003.90) for fines and operational costs incurred in this case. Said certified copy of the Lien was recorded in Official Record Book 3012 Page 3079, ct seq in the Public Records of Collier County Florida. An Affidavit of Compliance has been filed bearing the date of February 13, 2002 indicating compliance xvith the Order of the Code Enforcement Board. On February 19, 2004 the lien amount was paid in full. Therefore, a Satisfaction of Lien is in order as all requirements have been met in this case. FISCAL IMPACT: The fiscal impact related to recording in the amount of Twenty Four Dollars ($24.00) (4 satisfactions at one page each ~ $6.00 for first page). This cost will be paid by Code Enforcement I 11-138911-649030. GROWTIt MANAGEMENT IMPACT: This request will have no impact on the County's Growth Management Plan. RECOMMENDATION: That the Board of County Commissioners approve the Satisfaction of Liens in the above referenced causes and authorize lheir execution and recordation in the Public Records of Collier County, Florida. PREPARED BY: REVIEWED BY: SUBMITTED BY: Shanelle Hilton ~an~owers, ~ Operations Manager Date: Date: ,Y-/~ ~,vp/ Michelle Arnold, Cod Enforcement Director seph K. S(~hmitt, Admink trator i AR 2 3 200q SATISFACTION OF LIEN This is to certify that the claim of lien in the sum of Seven Thousand Two Hundred and Eighty Eight Dollars and Sixteen Cents ($7,288.16), arising out of the Code Enforcement Board Order Imposing Fine/Lien dated October 2, 2001, recorded in O.R. Book 2902 Page 1884 et seq., and O.R Book 2902 Page 2360 et seq., of the Public Records of Collier County, Florida, against the following described real property, and all real and personal ~property, located in Collier County, owned by Randy L. Johns and Lorrie J. Johns, has been satisfied in full. The real property located at 6980 .Amity Rd., Naples, Florida, described as the East ~ of the Northeast ¼ of the Northwest ¼ of the Southwest ¼ of Section 23, Township 50 South, Range 26 East, Collier County, Florida. Folio No. 00436600003 The undersigned is authorized to and does hereby release this lien as to the whole of the above-described real property, and all real and personal property owned by Randy L. Johns and Lorrie J. Johns, and consents to this lien being discharged of record. Dated this day of ,2004. ATFEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COl .I.IER COUNTY, FLORIDA , Deputy Clerk By: Commissioner Donna Fiala, Chairman Approved as to form and s n : Assi:;l~ant C{)tt[nty Attorney ~R 2 3 200~ SATISFACTION OF LIEN This is to certify that the claim of lien in the sum of Seven Hundred Seventy Five Dollars and Forty Cents ($775.40), arising out of the Code Enforcement Board Order Imposing Fine/Lien dated July 23, 2001, recorded in O.R. Book 2867 Page 159 et seq., of the Public Records of Collier County, Florida, against the following described real property, and all real and personal property, located in Collier County, owned by James Joseph Grant, Jr., has been satisfied in full. The real property located at 5409 Trammell Street, Naples, Florida, more particularly described as Lots 2 and 3, Block 15, NAPLES MANOR LAKES, according to the plat thereof recorded in Plat Book 3, pages 86 and 87, of the Public Records of Collier County, Florida, OR 1523 PG 1622. Folio No. 62264920003 The undersigned is authorized to and does hereby release this lien as to the whole of the above-described real property, and all real and personal property owned by James Joseph Grant, Jr., and consents to this lien being discharged of record. Dated this day of ,2004. ATFEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COl .1.1ER COUNTY, FLORIDA , Deputy Clerk By: COMMISSIONER DONNA FIALA, CHAIRMAN Ap As: ~rove. c~ as to form and d ~h~]~cy: ~atzkow ~sta~ounty Attorney AGENDA ~ n' J //./-/ MAR 2 3 200~ - SATISFACTION OF LIEN This is to certify that the claim of lien in the sum of Four Hundred Thirty Three Dollars and Ninety-Four Cents ($433.94), arising out of the Code Enforcement Board Order Imposing Fine/Lien dated June 25, 2001, recOrded in O.R. Book 2850 Page 2317 et seq., and O.R Book 2850 Page 2286 et seq., of the Public Records of Collier County, Florida, against the following described real property, and all real and personal property, located in Collier County, owned by Tim Flick, has been satisfied in full. The real property located in Naples, Florida, more particularly described as All of Tract 128, Golden Gate Estates Unit No. 37, in accordance with and subject to Plat Book 7, pages 88 and 89, Public Records of Collier County, Florida. Folio No. 38559240008 The undersigned is authorized to and does hereby release this lien as to the whole of the above-described real property, and all real and personal property owned by Tim Flick, and consents to this lien being discharged of record. Dated this day of ,2004. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLOR1DA , Deputy Clerk By: DONNA FIALA, Chairman lega .~ jeff~r ~A. Assi~ant ~.s/~o f.orm and IuatZkow nty Attorney AGENDA ITEIVl 1',4AR 2 3 200q SATISFACTION OF LIEN This is to certify that the claim of lien in the sum of Three Thousand and Three Dollars and Ninety Cents ($3,003.90), arising out of the Code Enforcement Board Order Imposing Fine/Lien dated April 2, 2002, recorded in O.R. Book 3012 Page 2955 et seq., and O.R Book 3012 Page 3079 et seq., of the Public Records of Collier County, Florida, against the following described real property, and all real and personal property, located in Collier County, owned by Gerald K. Davidson, has been satisfied in full. The real property located at 2181 Platt Road, Naples, Florida, described as the West !/2 of the Northeast ',4 of the Northwest I/~ of the Southeast ',4 of Section 25, Township 47 South, Range 27 East, Collier County, Florida, less the South 30 feet thereof reserved for road purposes. Folio No. 00104440003 The undersigned is authorized to and does hereby release this lien as to the whole of the above-described real property, and all real and personal property owned by Gerald K. Davidson, and consents to this lien being discharged of record. Dated this day of ,2004. ATFEST: DWIGItT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA , Deputy Clerk By: DONNA FIALA, Chairman l Jeff y / Assi s to form and lKiatzkow ounty Attorney MAR 2 3 2ont, EXECUTIVE SUMMARY ADOPT RESOLUTION SUPPORTING FLORIDA POWER AND LIGHT'S PREFERRED CORRIDOR SITING CERTIFICATION FOR A NEW TRANSMISSION LINE FROM THE ORANGE RIVER SUBSTATION IN LEE COUNTY TO THE NEW SUBSTATION IN EASTERN COLLIER COUNTY OBJECTIVE: That the Board of County Commissioners adopt the attached Resolution expressing its support of FPL's Preferred Corridor Siting certification and urging the Governor and Cabinet, sitting as the Siting Board, to grant certification for FPL's preferred route for FP&L's new transmission line. CONSIDERATIONS: This Board has received briefings from FPL staff regarding the proposed routing of a new transmission line from Lee County to Collier County. At a District 2 Town Hall meeting on February 18, 2004, FPL staff briefed Commissioners and residents regarding an alternate proposed route for the proposed new transmission line and the "FPL Preferred Route." This Board discussed the issues at length. On March 9, 2004, this Board voted 4-1 (Commissioner Coletta voting against) to direct staff to draft a a proposed Board Resolution to express this Board's support of the FPL Preferred Corridor Siting. The attached Resolution is in response to that directive. FISCAL IMPACT: Adoption of the attached Resolution will have no fiscal impact. GROWTH MANAGEMENT IMPACT: Adoption of this Resolution will have no impact on growth management. RECOMMENDATION: That this Board adopt the attached Resolution and direct the County Manager to forward the Resolution to the Governor and Cabinet to inform them that this Board supports FPL's Preferred Corridor Siting certification and urges the Governor and Cabinet, sitting as the Siting Board, to grant certification for FPL's preferred route for F{P~i~L's~w transmission line. ereparedby: /~~/~ Date: ~-,/2.-d>~7/ I~. ~. 'Bleu" Wallace, Director CDES Operations Approved by: ~ /J~seph K. Sch~itt, AdminiStrator .jtt. ommunity Development & Environmental Services Division /4 jr/ ~AR 23 200~ :: RESOLUTION NO. 2004 - RESOLUTION OF THE BOARD OF COUNTY COMI~ISSIONERS OF COLLIER COUNTY, FLORIDA, SUPPORTING FLORIDA POWER AND LIGItT'S PREFERRED CORR1DOR SITING CERTIFICATION FOR A NEW TRANSMISSION LINE FROM TIlE ORANGE RIVER SUBSTATION IN LEE COUNTY TO THE NEW SUBSTATION IN EASTERN COLLIER COUNTY WHEREAS, Florida Power and Light (FPL) has filed an application with the Governor and Cabinet of the State of Florida, siring as the Siting Board, for corridor certification under the Transmission Line Siting Act ("ACT"), pursuant to Sections 403.52 and 403.5365, Florida Statutes, for a new 230-kV transmission llne that would extend from the Orange River substation east of Fort Myers in Lee County to the Collier substation east of Naples in Collier County;, and WHEREAS, the corridor route chosen by FPL for the new 230-kV transmission line is the result of a year of extensive community oulxeach efforts and protracted administrative hearings regarding the several alternative routes; and WHEREAS, the FPL preferred route enhances redundancy, reliability, and integrity by a transmission line route geographically separated from other transmission lines in the common right-of-way; and ~VHEREAS, Collier County's growth rate is one of the highest in the nation and it is reasonable to anticipate the need for even further additions to FPL's transmission system in the next l 0 to 20 years; and WHEREAS, it is prudent for FPL to establish a new, geographically separate transmission line right-of-way in eastern Collier County before substantial development occurs in eastern Collier County; and WHEREAS, there is little justification for placing the new Collier-Orange River transmission line in close proximity to exisling development and substantial numbers of Collier County residents, which close proximity is necessitated by the suggested Primary Alternate Corridor, because the mos! reasonable alternative exists in the form of the FPL Preferred Corridor. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA that: The Board of County Commissioners of Collier County, Florida, urges the Governor and Cabinet of the State of Florida, sitting as the Siting Board under the Transmission Line Siting Act, to grant certification of the Collier-Orange River//3 230- kV transmission line on FPL's Preferred Corridor. This Resolution adopted this day of March, 2004, after motion, second and majority vote in favor of adoption. ATFEST BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA By: By: Deputy Clerk Approved as to form and legal sufficiency: Thoma~'Q. ~alr~er Assistant County A~omey DONNA FIALA, Chai~ 2 3 200 EXECUTIVE SUMMARY EXECUTION OF A MORTGAGE SUBORDINATION AGREEMENT FOR A LOAN GRANTED TO CREATIVE CHOICE HOMES XIV, LTD. THROUGH THE AFFORDABLE HOUSING RENTAL DEVELOPMENT ASSISTANCE PROGRAM. OBJECTIVE: To increase the supply ofworkforce housing in Collier County. CONSIDERATION: On November 18th, 2003 The Collier County Board of County Commissioners approved a loan in the amount of $200,000 from the Affordable Housing Trust Fund to Creative Choice Homes XIV, Ltd. for their Saddlebrook Village Phase II development. Due to the various levels of layering and leveraging of County, State, and Federal funds in the project, it is necessary for Collier County to subordinate its mortgage to the Florida Housing Finance Corporation and the Bank of New York Trust Company of Florida. These primary financers of the development have $18,550,000 committed to the project. FISCAL IMPACT: None, approval of this subordination agreement will have no effect on the requirement that Creative Choice Homes XIV, Ltd. repay their $200,000 loan in full by November 1, 2010. Recording costs will be paid to the Clerk of Courts from the Affordable Housing Trust Fund. GROWTH MANAGEMENT IMPACT: This mortgage subordination to Creative Choice Homes XIV, Ltd. will allow Collier County to enhance the development of workforce housing in accordance with the Housing Element of the Growth Management Plan of Collier County. RECOMMENDATION: That the Board of County Commissioners approve Mortgage Subordination Agreement. SUBMITTED BY: ~,-,~ ~. . Date: ~J'r' °''''' Cprmac J. Giblin, Man~ger f.ial A .dod~stral~on find Housing Department REVIEWED By: ~. t~/~ Date: ~ - ~"--0 ~ Denton Baker, Director Financial Administration and Housing Department APPROVED BY:~r Date: <,2~,///¢t7~ //Community Development and Environmental Services Division the THIS INSTRUMENT PREPARED BY AND RETURN TO: Thomas F. Lang, Esq. Allen, Lang, Carpenter &Peed, P.A. P.O. Box 3628 Orlando, Florida 32802-3628 ABOVE SPACE RESERVED FOR RECORDING PURPOSES ONLY SUBORDINATION AGREEMENT (Heron Cove Apartments/Muitifamily Bonds) THIS SUBORDINATION AGREEMENT (this "Agreement") is made and entered into as of ,2004, by (i) FLORIDA HOUSING FINANCE CORPORATION, a public corporation and a public body corporate and politic duly created and existing under the laws of the State of Florida ("Florida Housing") and THE BANK OF NEW YORK TRUST COMPANY OF FLORIDA, N.A., a national banking association, as Trustee (collectively, together with their successors and assigns, thc "Senior Mortgagee"); (ii) COLLIER COUNTY, FLORIDA, a political subdivision of the State of Florida (the "Subordinate Mortgagee"); and (iii) CREATIVE CHOICE HOMES XIV, LTD., a Florida limited partnership ("Borrower" or "Mortgagor"). RECITALS A. Borrower executed and delivered to the Subordinate Mortgagee a Promissory Note dated ,2003 (the "Subordinate Note") in the original principal amount of $200,000, evidencing a loan from the Subordinate Mortgagee (the "Subordinate Loan") secured by that certain Mortgage/Security Instrument dated ., 2003, to be recorded in the public records of Collier County, Florida. The aforesaid Mortgage encumbers the real property described in Exhibit "A" attached hereto and made a part hereof; the improvements thereon, and certain personal property relating thereto (collectively, the "Property"). Hereinafter, the aforesaid Subordinate Note and the Mortgage in favor of the Subordinate Mortgagee are collectively referred to as the "Subordinate Mortgage." B. Borrower executed and delivered to the Senior Mortgagee a Promissory/Mortgage Note (the "Senior Note") in the original principal amount of $18,550,000, evidencing a Loan to Borrower associated with Florida Housing's issuance of those certain $15,900,000 Florida Housing Finance Corporation Housing Revenue Bonds, 2002 Series O-1 (Heron Cove Apartments) (the "Series O-1 Bonds") and $2,650,000 Florida Housing Finance Corporation Taxable Housing Revenue Bonds, 2002 Series 0-2 (Heron Cove Apartments) (ti e ,,e,~.4,~o r~ -~ Bonds") (the Series O-1 Bonds and the Series 0-2 Bonds are collectively referr~ cl to nerem as,,,o IdAR 2 3 200q the "Bonds"), pursuant a Trust Indenture dated December 1, 2002 (the "Senior Loan") secured by a Mortgage and Security Agreement dated as of December 4, 2002. Hereinafter, the aforesaid Senior Note, the Land Use Restriction Agreement dated as of December 4, 2002, the Mortgage and Security Agreement in favor of Senior Mortgagee, and all other documents associated with the Senior Loan are collectively referred to as the "Senior Mortgage." C. Senior Mortgagee will not permit the Borrower to enter into the Subordinate Loan unless such Subordinate Loan is clearly subordinate in priority to the Senior Mortgage (and any and all other related documents securing the Senior Mortgage), which are partially described as follows: (b Land Use Restriction Agreement, dated as of December 4, 2002, recorded on December 10, 2002 in Official Records Book 3171, Page 1490, of the Public Records of Collier County, Florida; (ii) Mortgage and Security Agreement, securing the original principal sum of $18,550,000, dated as of December 4, 2002, recorded on December 10, 2002 in Official Records Book 3171, Page 1517, of the Public Records of Collier County, Florida; (iii) Assignment of Leases and Rents, dated as of December 4, 2002, recorded on December 10, 2002 in Official Records Book 3171, Page 1561, of the Public Records of Collier County; and (iii) Assignment of Mortgage and Security Documents dated as of December 4, 2002 recorded on December 10, 2002 in Official Records Book 3171, Page 1582, of the Public Records of Collier County; all of which may have been amended or modified from time to time (collectively, the "First Mortgage"). D. To induce the Senior Mortgagee to make the Senior Loan, the Subordinate Mortgagee is willing to subordinate the Subordinate Mortgage to the Senior Mortgage. AGREEMENT NOW, THEREFORE, in consideration of the sum of TEN AND NO/100 DOLLARS ($10.00) and other good and valuable consideration, from one to the other paid, the receipt and sufficiency whereof is hereby acknowledged, and to induce Senior Mortgagee to make the Senior Loan, the parties do hereby agree: 1. Recitals. The Recitals are true and correct and are made a part hereof. MAR 2 3 200q 2. Subordination. (a) The Subordinate Mortgage is now and forever hereafter made subordinate and inferior to the Senior Mortgage and to all debt evidenced or secured thereby including principal, interest, costs and expenses, and to any and all extensions, modifications, amendments, enlargements or renewals thereof or future advances made thereunder. Further, the terms of the Subordinate Mortgage and all rights and remedies of the Subordinate Mortgagee available to the Subordinate Mortgagee pursuant to the Subordinate Mortgage, including but not limited to the right to claim or receive any insurance or condemnation awards or proceeds, are hereby expressly subordinate to the terms of the Senior Mortgage and the rights and remedies of Senior Mortgagee under the ~enior Mortgage. Co) The indebtedness of Borrower, and any other obligor pursuant to the Subordinate Note, and any and all other indebtedness and other obligations of Borrower to Subordinate Mortgagee, and the Subordinate Mortgage and all other liens, encumbrances and security interests given to secure the payment of the Subordinate Note and any other obligations of payment or performance of Borrower to Subordinate Mortgagee, whether now existing or hereafter created or acquired, shall be and hereby are subordinated in lien, priority and payment of principal and interest and all other charges and fees, including, without limitation, taxes and insurance premiums paid by Senior Mortgagee and interest accruing after any default or petition in bankruptcy, to the indebtedness of Borrower pursuant to the Senior Note, and all liens, encumbrances and security interests given to secure the payment thereof, whether now existing or hereafter created or acquired, including, without limitation, the Senior Mortgage and to any and all other loans, advances, extensions of credit, or other accommodations to or for the account of Borrower as Senior Mortgagee may elect to make from time to time, and any and all other indebtedness of Borrower to Senior Mortgagee, whether now existing or hereafter created or acquired, and any and all liens, encumbrances, and security interests given to secure the repayment or payment thereof, whether now existing or hereafter created or acquired, and to such renewals and extensions thereof as Senior Mortgagee may elect to make from time to time. 3. Conditions Precedent to Remedial Action. If a default occurs under the Subordinate Mortgage (a "Subordinate Loan Default") and 'is continuing, the Subordinate Mortgagee agrees that, without the Senior Mortgagee's prior written consent, it will not commence foreclosure proceedings with respect to the Property under the Subordinate Mortgage or exercise any other rights or remedies it may have under the Subordinate Mortgage, including, but not limited to accelerating the Subordinate Loan (and enforcing any "due on sale" provision included in the Subordinate Mortgage), collecting rents, appointing (or seeking the appointment of) a receiver or exercising any other rights or remedies thereunder unless and until it has given the Senior Mortgagee at least ninety (90) days' prior written notice. The Senior Mortgagee shall have the right, but not the obligation, to cure any Subordinate Loan Default within the same time period for curing a default which is given to the Borrower under the Subordinate Loan Documents, except that the Senior Mortgagee's time period for cure shall begin on the date on which it receives notice of the Subordinate Loan Default. All amounts advanced or expended by the Senior Mortgagee. to cure a Subordinate Loan Default shall be deemed to have been advanced by the Senior Mortgagee pursuant to, and shall be secured by the lien of, the Senior Mortgage. 3 AGENDA ITEM 4. Insurance~ Condemnation. In the event of partial or total destruction of the Property which results in the payment of insurance proceeds, or in the event of a condemnation or similar proceeding which results in the payment of an award, the proceeds or award shall be applied in accordance with the relevant provisions of the Senior Mortgage. 5. Modifications to Senior Mortgage and Subordinate Mortgage. Borrower agrees that it will not modify the Senior Mortgage without the prior written consent of the Subordinate Mortgagee. The Borrower and the Subordinate Lender each agrees that, until the principal of, interest on and all other amounts payable under the First Mortgage Loan Documents have been paid in full, it will not, without the prior written consent of the Senior Lender in each instance, increase the amount of the Subordinate Loan, increase the required payments due under the Subordinate Loan, decrease the term of the Subordinate Loan, increase the interest rate on the Subordinate Loan, or otherwise amend the Subordinate Loan terms in a manner that creates an adverse effect upon the Senior Lender under the First Mortgage Loan Documents. Any unauthorized amendment of the Subordinate Loan Documents or assignment of the Subordinate Lender's interest in the Subordinate Loan without the Senior Lender's consent shall be void ab initio and of no effect whatsoever. 6. Agreement Not to Commence Bankruptcy Proceeding. The Subordinate Lender agrees that during the term of this Agreement it will not commence, or join with any other creditor in commencing any bankruptcy reorganization, arrangement, insolvency or liquidation proceedings with respect to the Borrower, without the Senior Lender's prior written consent. 7. Conflict. The Borrower, the Senior Lender and the Subordinate Lender each agrees that, in the event of any conflict or inconsistency between the terms of the First Mortgage Loan Documents, the Subordinate Loan Documents and the terms of this Agreement, the terms of this Agreement shall govern and control solely as to the following: (a) the relative priority of the security interests of the Senior Lender and the Subordinate Lender in the Property;, (b) the timing of the exercise of remedies by the Senior Lender and the Subordinate Lender under the First Mortgage and the Subordinate Mortgage, respectively; and (c) solely as between the Senior Lender and the Subordinate Lender, the notice requirements, cure rights, and the other rights and obligations which the Senior Lender and the Subordinate Lender have agreed to as expressly provided in this Agreement. Borrower acknowledges that the terms and provisions of this Agreement shall not, and shall not be deemed to: extend Borrower's time to cure any First Mortgage Loan Default or Subordinate Loan Default, as the case may be; give the Borrower the right to notice of any First Mortgage Loan Default or Subordinate Loan Default, as the case may be, other than that, if any, provided, respectively under the First Mortgage Loan Documents or the Subordinate Loan Documents; or create any other right or benefit for Borrower as against Senior Lender or Subordinate Lender. 8. Notices. Each notice, request, demand, consent, approval or other communication (hereinafter in this section referred to collectively as "notices" and referred to singly as a "notice") which the Senior Mortgagee or the Subordinate Mortgagee is required, _,__,, ,~°r_ permitted to give to the other party pursuant to this Agreement shall be in writi~ e, ""~MY~I deemed to have been duly and sufficiently given if: (a) personally delivered~ witth~root' ot/6/~, · 4 MAR 2 3 200q I I delivery thereof (any notice so delivered Shall be deeffied to have been received at the time so delivered); or (b) sent by Federal Express (or other similar national overnight courier) designating early morning delivery (any notice so delivered shall be deemed to have been received on the next Business Day following receipt by the courier); or (c) sent by United States registered or certified mail, return receipt requested, postage prepaid, at a post office regularly maintained by the United States Postal Service (any notice so sent shall be deemed to have been received two (2) days after mailing in the United States), addressed to the respective parties as follows: · Senior Lender: Florida Housing Finance Corporation 227 North Bronough Street, Suite 5000 Tallahassee, Florida 32301-1329 Attention: Executive Director with a copy to: Allen, Lang, Carpenter & Peed, P.A. 14 E. Washington Street, Suite 600 Orlando, Florida 32801 Attention: Thomas F. Lang, Esq. Trustee: The Bank of New York Trust Company of Florida, N.A. 10161 Centurion Parkway Jacksonville, Florida 32256 Attention: Christine Boyd Subordinate Lender: Collier County, Florida 2800 North Horseshoe Drive Naples, FL 34104 Attention: Housing Dept. Borrower: Creative Choice Homes XIV, Ltd. 4243-D Northlake Boulevard Palm Beach Gardens, Florida 33410 Attention: John F. Weir, Senior Vice President with a copy to: Broad and Cassel 390 N. Orange Avenue, Suite 1100 Orlando, Florida 32801 Attention: Randal M. Alligood, P.A. Either party may, by notice given pursuant to this Section, change the person or persons and/or address or addresses, or designate an additional person or persons or an additional address or addresses for its notices, but notice of a change of address shall only be effective upon receipt. 9. No Waiver. The giving of consent by Senior Mortgagee to the giving of the Subordinate Mortgage is not and shall not be deemed a waiver of the Senior Mortlgage~~ NAR 2 3 200 to prohibit any other junior mortgage of the Property. No delay on the part of Senior Mortgagee or Subordinate Mortgagee in the exercise of any right or remedy hereunder or under the Senior Mortgage or Subordinate Mortgage, respectively, shall operate as a waiver of any right hereunder. The Borrower covenants that it has received the consents of all parties so required to consent to the Subordinate Loan, as required under the terms of the Senior Loan documents. 10. Term. The term of this Agreement shall commence on the date hereof and shall continue until the e~liest to occur of the following events: (i) the payment of all of the principal of, interest on and other amounts payable under the First Mortgage Loan Documents; (ii) the payment of all of the principal of, interest on and other amounts payable under the Subordinate Loan Documents; (iii) the acquisition by the Senior Lender of title to the Property pursuant to a foreclosure or a deed in lieu of foreclosure of, or the exercise of a power of sale contained in, the First Mortgage; or (iv) the acquisition by the Subordinate Lender of title to the Property pursuant to a foreclosure or a deed in lieu of foreclosure of, or the exercise of a power of sale contained in, the Subordinate Mortgage, but only if such acquisition of title does not violate any of the terms of this Agreement. 11. ~. The parties hereto agree that this Subordination Agreement may be executed in two or more counterparts, each of which shall be an original, but all of which shall constitute one and the same instrument. 12. Costs of Enforcement. Should suit be brought to enforce the provisions of this Agreement, the prevailing party shall be entitled to recover its reasonable attorneys' fees incurred both at trial and on appeal. 13. Paragral~h Headinlls. The headings of the various paragraphs of this Subordination Agreement have been inserted only for the purposes of convenience; and' are not part of this Subordination Agreement and shall not be deemed in any manner to modify, explain or restrict any o f the provisions of this Subordination Agreement. 14. Choice of Law. This Agreement shall be construed, interpreted, enforced and governed by and in accordance with the laws of the State of Florida, excluding the principles thereof governing conflicts of law. If any provision shall be held prohibited or invalid under applicable law, such provision shall be ineffective to the extent of such prohibition or invalidity without invalidating any other provision of this Agreement. 15. ~. This Agreement shall be binding upon the Borrower and the Subordinate Mortgagee and their respective successors and assigns and shall inure to the benefit of the Senior Mortgagee, its successors and assigns. [COUNTERPART SIGNATURE PAGES TO FOLLOW] AGENDA ITEM MAR 2 3 200q COUNTERPART SIGNATURE PAGE TO SUBORDINATION AGREEMENT (Heron Cove Apartments/Multifamily Bonds) IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first written above. WITNESSES: SENIOR MORTGAGEE: FLORIDA HOUSING FINANCE CORPORATION Print: Print: By: Orlando J. Cabrera Chief Executive Officer Address: 227 N. Bronough Street, Suite 5000 Tallahasse&, Florida 32301-1329 STATE OF FLORIDA COUNTY OF LEON The foregoing instrument was acknowledged before me this __ day of ., 2004 by ORLANDO J. CABRERA, as Executive Director of the FLORIDA HOUSING FINANCE CORPORATION, a public corporation and a public body corporate and politic duly created and existing under the laws of the State of Florida, on behalf of Florida Housing. Said person is personally known to me or has produced a valid driver's license as identification. Notary Public; State of Florida Print Name: My Commission Expires: My Commission No.: S-1 AGENDA ITEM · MAR 2 3 200 COUNTERPART SIGNATURE PAGE TO SUBORDINATION AGREEMENT (Heron Cove Apartments/Multifamily Bonds) IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first written above. SENIOR MORTGAGEE: WITNESSES: THE BANK OF NEW YORK TRUST COMPANY OF FLORIDA, N.A. Print: By: Name: Print: Title: Address: 10161 Centurion Parkway Jacksonville, Florida 32256 STATE OF FLORIDA COUNTY OF The foregoing instrument was acknowledged before me this day of .., 2003 by , as of THE BANK OF NEW YORK TRUST COMPANY OF FLORIDA, N.A., a national banking association, on behalf of the banking association. Said person is personally known to me or has produced a valid driver's license as identification. Notary Public; State of Florida Print Name: My Commission Expires: My Commission No.: S-2 NAR 2 3 200q COUNTERPART SIGNATURE PAGE TO SUBORDINATION AGREEMENT (Heron Cove Apartments/Multifamily Bonds) IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first written above. SUBORDINATE MORTGAGEE: ATTEST: DWIGHT E. BROCK, CLERK By: BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA Deputy Clerk By: Approved as to form and ~at~ick (~. ~'-l~ite ' Assistant County Attorney Donna Fiala, CHAIRMAN S-3 AGENDA ITEM MAR 2 3 200q, ~. lC> COUNTERPART SIGNATURE PAGE TO SUBORDINATION AGREEMENT (Heron Cove ApartmentsfMuitifamily Bonds) IN WITNESS VO-IEREOF, the parties hereto have executed this Agreement as of the day and year first written above. BORROWER: WITNESSES: CREATIVE CHOICE HOMES XIV, LTD., a Florida limited partnership By: CREATIVE CHOICE HOMES XIV, INC., a Florida corporation, its general partner Print: By: John F. Weir Print: Senior Vice President Address: 4243-D Northlake Boulevard Palm Beach Gardens, Florida 33410 STATE OF FLORIDA COUNTY OF The foregoing instrument ~vas acknowledged before me this day of ,2004, by JOHN F. WEIR, as Senior Vice President of CREATIVE CHOICE HOMES XIV, INC., a Florida corporation, the general partner of CREATIVE CHOICE HOMES XIV, LTD., a Florida limited partnership, on behalf of the corporation and the limited partnership. Said person is personally known to me or has produced a valid driver's license as identification. Notary Public; State of Florida Print Name: My Commission Expires: My Commission No.: S-4 AC, ENDA n"EM ~ MAR 2 3 200 EXHIBIT "A' LEGAL DESCRIPTION LY1NG IN SECTION ....~,1., TOWNSHIP 49 SOUTH, RANGE 26 EAST. COLUER COUNTY FLORIDA. (PROPOSED SADDLEBROOK PHASE TWO) AGENDA I1TJN4 MAR 2 3 200~ ~.-~ /,x EXECUTIVE SUMMARY COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS APPROVE AN APPLICATION FOR JOB CREATION INVESTMENT PROGRAM PARTICIPATION BY MARCH PERFORMANCE, INCORPORATED, AS A HIGH IMPACT TARGETED INDUSTRY AND AUTHORIZING THE COUNTY MANAGER TO ENTER INTO A JOB CREATION INVESTMENT PROGRAM AGREEMENT ON BEHALF OF COLLIER COUNTY WHICH WILL BE RECORDED IN THE OFFICIAL RECORDS OF COLLIER COUNTY OBJECTIVE: To receive Board of County Commissioners approval of an application for Job Creation Investment Program participation by March Performance, Inc., which is a high impact Targeted Industry, and authorize the County Manager to enter into a Job Creation Investment Program Agreement, with the Applicant, on behalf of the County. The agreement will be recorded in the Official Records of Collier County. CONSIDERATIONS: On November 18, 2003, the Board of County Commissioner adopted Ordinance No. 2003-60, which established the Job Creation Investment Program. The program is available to targeted high-wage companies that desire to relocate or expand within specified areas of Collier County. The program is designed to reduce the economic effects of increased development fees as well as relocation and/or expansion costs. The Program has specific eligibility requirements including the number of full-time jobs to be created and retained, the average wage of the jobs, timing of the jobs being in place and the type of business being proposed. On December 15, 2003 March Performance, Inc. submitted an application to be considered for the Job Creation Investment Program. March Performance Inc. designs and manufactures precision automobile parts. The operation is currently located in Westland, Michigan and is contemplating relocation to the North Naples Research and Technology Park. The President of March Performance, Inc., Kim March, indicated in his correspondence with the Economic Development Council (attached) that the recent incentive Ordinances passed by the Board of County Commissioners "may provide enough additional incentive to continue to consider Collier County" for relocation. March Performance Inc. would be creating forty (40) new jobs in Collier County at an average wage of $54,570. The company is also proposing a capital investment of $3.75 million. March Performance will also be participating in the State of Florida Qualifying Targeted Induslry (QTI) tax incentive program therefore the company will be eligible for $1,000 per new job created through the Job Creation Investment Program. If the application for March Performance Inc.'s participation in the program is accepted the company would be eligible for $40,000 in Collier County incentive funds, to be paid in equal payments over three consecutive years. MAR 2 3 200 March Performance, Inc. Page 2 If the Program application is accepted, staff will prepare the Job Creation Investment Program Agreement that will be reviewed by the County Attorney's Office for legal sufficiency and will be signed by a designee from March Performance and by the County Manager on behalf of Collier County. The Agreement will be recorded in the Official Records of Collier County and provides for the terms applicable to the specified funds, including transfer, conveyance, etc., and default provisions. March Performance, Inc. meets and exceeds all of the Job Creation Investment Program requirements set forth by Ordinance ~No. 2003-60 as a High Impact Targeted Industry, therefore, approval of this application will help to promote the creation and retention of high wage jobs in Collier County. FISCAL IMPACT: The applicant has requested $40,000 of incentive funds, to be paid in equal amounts over three years, which represents forty new jobs to be in place on or before December 30, 2005. Following creation of the specified jobs, the Company may submit a Request for Funds to the County Manager to be paid at the beginning of the County's fiscal year following the date that the newly created jobs are verified to be in place. General Fund revenue specifically budgeted for the adopted economic incentives funds the Job Creation Investment Program. The capital investment related to this project is estimated to be $3,250,000. A combination of March Performance's wages paid and capital investment is expected to generate direct local economic impacts at minimally $3.8 million GROWTH MANAGEMENT IMPACT: This application is consistent with the Economic Element of the Growth Management Plan, specifically Objective 1.3 that states: "Collier County will support programs which are designed to promote and encourage the recruitment of new industry as well as the expansion and retention of existing industries in order to diversity the County's economic base." STAFF RECOMMENDATION: The Board of County Commissioners approve the March Performance Inc.'s application for Job Creation Investment Program participation and authorize the County Manager to enter into a Job Creation Investment Program Agreement, with the Applicant, on behalf of the County. MAR 2 3 200q March Performance, Inc. Page 3 SUBMITTED BY: ~may Patt~rs0n, Impact Fee Manager Date: REVIEWED BY: REVIEWED BY: mmie Nemecek,'Executive Director I' I Economic Development Council of Collier County ~I."Denton Baker, D~rector Financial Administration and Housing APPROVED BY: /J~o/eph K. Sch~i~ Administrator mmunity Development and Environmental Services Division HA~ 2 3 200z~ Collier County '-' ·; ........ ~;',, --,...;Job Creation Investment Program · · ':.',. :.l~' .' 'i ' .: '' ' ..... ' '.'": ':~ .... ~': ..... Aoolication '~ ,'..~.';~,.~ :.:~".. '.:'c' ,-~, '~:.7.-.:., *: *- '" "' " ' ' '~'""'" ~ : " . '.'-~ "' :"'C:'.:...:, -,~' New Business, Recruitment Project Project Ti'de (1- 5 word description). · 1 of 4 2 3.200~ l./.l ~,31/Ur_lO i..Company Information: Maxch Performance, Inc. [ Phone: Company Name: Current Address: 6020 Hix Road Fax: 734.729-9070 734-72%9075 Co Dnv__mra_ Contact: . .. . .... ~, < Phone: ..... Title:, : [~.sid~ .... ' ' ""' -! .: '-~ ',., same .; ' :,.1,.~ ~ ]~, .;,~..,.. *.. ...... ...Collier County Occupational Licens.e Number: Minority owned .Business: Yes j No X If yes, expiaJn Has the business .e{/er been subjected to criminal et~ ~,~3 fines'and parfait'iai?j: Yes ..J · ' · ' . .' . .. ,:. ' :~....-,~.,, .' -; If ye_~; explain: .. " Ii...Project Qualifications: ~ ~x,u~d des~ ~ prop<~,d new New COllier County Business X Number of Current lq/A ' 'CoJlfer Co,. Employees .. · 'NUmber of New CoUler 40 Co.-Jobs resulting from .. ,., :..',. , . project Total Jobs after Pmjecr' 40' · Completed. Expanding Collier. County Business J Current Average N/A ' Wage New Job Average $54,.570 Wage· Total Average .... : $54,570-, Wage :..Gene~ted::..Ou. [si.de-.of. Collier Counb/ .. --: ': .... Indicate the date in which all new jobs-w~ll be fully implemente~l':'''''~::':'' ' '%.,__. Note: Company is not eligible for program benefits ur~ll ~ll.j~s are 'in'place wifhin the ab timeframe. ~ ' ~; ; 2 of 4 MAR232C:) I 12/15/2003 12:08 7347290249 MARCH INC PAGE 03/04 I!. Project Qualifications What is your industry segment?. Select one. Aviation Biomedical Information Technology Manufacturing Warehouse/distribution Educational Corporate/Regional HQ En~rpdse Zone :. ~ ;, ...- _J If this project is for a corporate or regional headquarters please list other locations. (Attach list if necessary) Land & Building .:, . '%.--.7: '~:' :;?.'!.;. :=';,'..,,. '... .;.,; .~:,.: Total 8(~t~ Feet .- [. . .":'~': · .,. .,,..j ~¢ ". · ~:; ..';:...'....,..: :.;::., .! Schedule :qf =j0g.em[ye,.f'u0ds requested by county fis~'al ', ,. 'q ~. ',-,..% ;,-.,.:, . ;..;.-'., a) Total amoun~ reque~.t~d: ~__.40,000 . ' F.Y :'05106;'... FY 06/07 FYi07/08 __ Amount ~ 13.333 . .. ; · Amount ~ 13.334 , , :, 3 of 4 Project Stt'eet Address: 12:88 7347298249 HARCH Il,lC p,e~;E 84/84 ill Project Impact Information: An estimate of the ec~rlgmic benefits of the _lobs created by the Droject irl Collier County--accounting for the incentive amount, the number of _iob~ and the average wage of the .iobs created, and the indirect impacts, of the If t.h!s oro!ect were to locate in Collier County the direct economic to the community_ in the first year will ecluel ~5,232.800 based on 40 new _Jobs at an average vv~al3e of $54,570 and capital investment of ~3.05 million. The indirect earnings imoact will eaual $1.0.24.170 and a total of 39 indirect jobS... will be created as a result of this oroiec't, .~ ,, .:, ~,_ ,,.:... .o.. .... .....; ....,. %. ~,..,.~;, ~.:,.;..t~ 'O; ;I(. ~,1 Tot~-U,~e~t,.and ....... ' ' ~ ......... ~nbhrect. econom,c--.~mpac~ -wdt.. be; $ 6.256.970. ' ' '" ' '~""'" '"' :' '" '";' " , ~ ~...:,'l-.~4:;~,r~.'f. '. '."?C~ -.;[; ~'.;~ .' Please attac~ a letter from bSe company demonatreting., t~e /rnpac4w.~e, i~centives w#/ proWde:ilT..,the decision of bSe company to locate i~ Collier ..... Recommendation: MAR 2 3 4 of 4 MARCH PERFORMANCE 6020 Hix Road oWestland, MI 48185 · 734-729-9070° FAX 734-729-9075 Tuesday, January 20, 2004 Tammie Nemecek Executive Director Economic Development Council of Collier County 3050 N. Horseshoe Drive, Suite 120 Naples, FL 34104 Deal' Tammie: As President of March Performance, I must be cognizant of my fiduciary responsibility to the company's shareholder. Increases in impact fees, time delays with the North Naples Research and Technology's zoning and platting, increased estimates for site development all factor into our final decision to relocate the company in Collier County. While our business has been successfully growing at a steady rate with no down turns over the last 12 years, the move must remain cost effective. We are considering expanding at our current facility in Michigan and have also contacted the Lee County of Economic Development Council to investigate opportunities there. The recent incentive ordinances approved by the Collier County Board of Commissioners may provide enough additional incentive to continue to consider Collier County. The attached application for Job Creation Grant funds, if approved, will offset some of the increased costs. March Performance, would be creating forty (40) new jobs at an average wage of $54,570, which is 80 percent higher of the current average wage in Collier County. Our capital investment is now at 3.75 million which reflects an increase of $725,000 over our odginal estimate. Please, consider our application. Sincerely, Mr. Klm March President March Performance RECEIVED ORDINANCE NO. 2003 - 60 . \4 KFI:i'IVFII A /3RDI,ANCE OF THE BOARD OF ~G 'm~'*" .~ COLLIER COUNt, FLORID~ ESTABUSHING THE ~ _~EATION I~ESTMENT PROG~M AVAI~BLE TO ELIGI~ ~m~TARGETED HIGH-WAGE COMPANIES TO MITIGATE ECONOMIC EFFECTS OF INCREASED DEVELOPMENT FEES AND RELOCATION OR EXPANSION COSTS; PROVIDING FOR APPLICABILITY AND PURPOSE; PROVIDING FOR A MAXIMUM AWARD AMOUNT; PROVIDING SPECIFIC DEFINITIONS FOR ECONOMIC DEVELOPMENT TERMS; PROVIDING PROGRAM ELIGIBILITY CRITERIA; PROVIDING FOR IMPLEMENTATION OF THE PROGRAM; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE; AND PROVIDING FOR A TERMINATION DATE. WHEREAS, Collier County has historically depended upon tourism, agriculture, and, in more recent years, construction as major componentS of its economic base, all of which are very susceptible to economic cycles and downtums in the economy; and WHEREAS, the Board of County Commissioners of Collier County (Board) desires to promote and foster economic diversification through the retention and creation of high wage jobs in targeted industry clusters; and WHEREAS, programs to offer relief for targeted industry recruitment or expansion projects from rising costS associated with these projects will contribute significanUy to economic diversification efforts throughout the County; and WHEREAS, Chapter 125.01(1)(t), Florida Statutes, authorizes the Board to enact ordinances necessary for the exercise of itS powers; and WHEREAS, enactment of the following ordinance will be in the public interest and serve a valid public purpose by encouraging private sector investment thereby enabling local businesses to be more globally compefiUve, increasing local business expansion op~ortuniUes and thus offering increased employment opportunities for Collier County residentS; and WHEREAS, on March 12, 2003, the Board directed staff to move fonvard with proposals for a "toolbox' economic diversification incentives to further these COMMISSIONERS OF COLLIER COUNTY, FLORIDA, THAT: No. MAR 2 3 2 Page1 of 6 PC. 8D SECTION ONE. Collier County hereby adopts an Ordinance that amends the Collier County Code of Laws ana Ordinances as follows: ARTICLE III JOB CREATION INVESTMENT PROGRAM Section 49-30. Apolicability. .This article applies to the unincorporated area of Collier County. Flora, and to all incorporated areas of Collier County to the greatest extent authorized by Article VIII, Section l(f) of the Florida Constitution as may be implemented by an inter,qovemmental or interlocal agreement. Section 49-31. Puroose. The purposes of this article are to: (1) provide a Performance-based proqram offerinft financial r~lief for eligible ~meted industry development or expansion proiects in Collier County to mitiRate the effects of rising fees. alon¢l with e~c_ai=finCl relocation and expansion costs, associated with these oroiects; (2) Provide for the economic well being of Collier County residents by DrovidirKI hiph-'.'.=3e employment opportunities in Collier County;, (3) lessen the seasonal cycle of Collier County's economy; and (4) encourage investment opportunities for new or existin,q businesses thus increa~ir~l and diversifyir~ the County's tax base; Section 49-32. Specific Definitions. When used in this article, the followinfl terms have the meaning stated, unless the context clearly indicates otherwise. A. "Average Wage" is the annual rate paid to private-sector employees within Collier County, from highest pay rate to lowest pay rate divided by number of persons employed full-time, as reported by private~sector employers in the State of Florida who are covered by federat and state unemployment comPensation taws (UC), and reported annually based, on fK, iures released by the Florida Agency for Workforce Innovation. B. ";_~=_tern Collier County" is that area of unincorporated Collier County that includes those parcels of land immediately adjacent to, and epst qf, Colliql' Boulevard. except for thos~ parcels designated as Dart of the Immokalee Ru~l Fpderal Enterprise Community. C. "High Impact" is that desi.qna~i0n given to qualifying economic development pmiev~ts Iocate~l.. outside of Eastam Collier County and the Immokale~ Rural Federal Enterprise Community. D. "Rural Federal Enterprise Community" is that jurisdiction so desi.qnated by the U.S. Department of Aqriculture as a multi-iurisdictional entity irlgJudina Immokalee (census tracts 11~.04, 112.05, 113, 114). oarts of Hendrv County and the Seminol~ Indian Reservation: the Enterpris~ Community boundaries in Collier County follow the Immokalee Enterpris~ Page 2, of 6 AGENDA HAR 2 3'200 ~ State of Florida ursuant to ~0.016 Florida Statutes ursuant to Section 290.001- 290.016, Florida Statutes;, "Ta eted Industr :./' is one that is aqqressively pursued for relocation to, or expansion within), the local iurisdiction by the Economic Development Council of Collier County. It may include, but is not limited to the following industries: Aviation, Information Technolog. v. Biomedical, Manufacturin_q. Corporate Headquarters, Research and Development, VVholesale Trade and Distribution, and businesses locating or expandin.q within the Rural Federal Enterprise Community. Section 49-33. Job Creation Investment Pro. ram, A. General Requirements. Pursuant to the provisions set forth in this section, the County establishes a Job Creation investment Pro~l. ram fo[ the payment of costs associated with the relocation and/or expansion of targeted Droiects, including but not limited to relocation costs, company sponsored day care facilities, land improvement costs, and/or existinq facility improvements. These proiects may include commercial, industrial, and technolc~v park land uses. B. Application Process. Any person seekinc~ el~ibility and pavmen~ through the Job Creation Investment Program will file with the Counb/ Manager an Application for payment prior to making, the decision to locate. or expand within Collier County. The Application must contain the. followin.q: 1. The name and address of the business Owner; and 2. A current and complete legal description of the site upon which the project is proposed to be located; and 3. The type of busine~_~ proposed, usinq Standard Industrla. J Classification (SIC) or North American Industrial Classification, System (NAICS); an_d 4. The number of full-time jobs to be created and, if applicable. retained as a result of the proiect; and 5. The averacle wa~le of those ~obs created and retained; ar~.. 6. Th~ total _~___nital investment of the e__~:,aneion or relocatiof~... project, includinc~ land. building, and e~uioment costs; and. 7. The date [month and year) when the new jobs will be in place. If the proposed oroiect meets the requirements for payment under the Jo.b. Creation In _ve~___tment Proqram as set forth in this article, the County Mana,qer is authorized to enter into an af:ireement with the business__ Owner. After the specif~.=:cl new jobs are in place within the pre:. determined time frame, the company will complete and submit to th_e County Manager a Request for Funds, along with documentation that thee stated jobs are in place. At the be~innin~:l of each county fiscal vear~ Page 3 of 6 AOF_NOA I~F--~ MAR 2 3 2 //_ followir~l ~ date ~e newly created iobs are in place and verif~:~l by th~. County ManaRer, Reneral revenue funds will be set aside under the Job Creation Investment profl, ram. Section 49-34. Implementation A. Under this Job Creation Investment Pro,i. ram, the eli.qible company located within Eastern Collier County may be awarded $2,000 per ne;-: full-time job created, with a minimum of ten (10) new full-time jobs to bo ~:reated; or the eliqible company may be awarded ~3,000 per full-time job created if the project is located within the Enterprise Community, with minimum of five (5) new jobs creatc=~d; or, as approved by the solo discretion of the Board., a company may be awarded $2.000 Der job created within a H~h Impact area, with a minimum of 20 new job~ created. Any award under this pr0qram is sub~ect to fundin.q availability. If a company also participates in the State of Florida Qualif'~=,d Tar.qeted Industry (QTI) tax incentive pro~i, ram, and is approved to participate in thi~ Job Creation Investment Pro, ram, the company will be eli.qible for onl~,~ $1,000 oar new job created re~lardless of its location within Collier County~ The funds will be paid, based .on the number of new full-time jobs created, in equal amounts over a three-year time period B. The eli.qible business under the Job Creation Investment Pro~. ram will enter into a Job Creation Investment Prof:lram Aoreement (thc A.~reement} with th~ County, and the Aqreement must provide for, as minimum, the followinq and will include any provisions d~'~m, ed necessar~ by the Board to effectuate the provisions of this article: 1. The le~ial description of the development. Neither the payment of funds, nor the A.qreement providinfl' for the payment of funds, maybe transferred, assk:ined, credited or otherwise conveyed from the property without prior written approval from the County. 3. In the evenl~ the non-County party is in default under Ameement, and the default is not cured within thirty (30) days aflc- written notice is provided to the Owner, the Board may bdnq a civil action to enforce the a~reement or deciar~ that the oranl~ funds ar;~ thence immediately due and payable. The Board is entit__led_ to recover all fee~ and Co.~ts, includin.q attorney's fee_~ and cos~, incurred by the Countv in er~forcing the A~reernent. Dlu~ interest et th¢ then maximum ptatutory rate for final lud~lments, calculated a calendar ~la¥ basis until oaid, 4. The A~reement mu~ be recorded in the Official Records oi .Collier County at no cost to the County. Page4 of 6 D. Termination, The provision..s of this article will expire and be void on October 1, 2008, unless contir~,_._ J by a vote of the Board of County Commission prior to this date. Section 49-~5. Program Eligibility Criteria= To be considered elk~ible for approval under this Proqram, a business or pro~ect must mcct the criteria of one of the followina cateqories: 1. Be located within Eastern Collier County and meet the followin.q cdteda: a. Type of business conducted is within the Targeted Industry List of the Economic Development Council of Collier County; and b. Creates a minimum of ten (10) new full-time iobs; and c. The newly created iobs pay an averaqe wa,qe of at least 115% of the County's current private-sector averacle wage. 2. Be located within the boundary of the Immokalee Rural Federal Enterprise Community and meet the followinR criteria: a. Creates a minimum of five (5) new full-time iobs; and b. The newly created iobs pay an averaae wacle equal to or greater than 50% of the County's current private-sector avera(m ware. 3. Be a High Impact proiect and be located outside the Enterprise Coff,~,unity and Eastern Coltier County and meet the followinR criteria: a. Type of business conducted is within the TarReted industry List of the Economic Development Council of Collier County; and. b. Creates a minimum of twenty (20) new full-time ~bs; and c. The newly created iobs pay an averaRe ware equal to or .qreater than 150% of the County's current private-sector d. Each appr._-,~_tion for proRram participation must have ao~roval by the Board of County Commissioners. SECTION TWO. CONFLICT AND SEVERABILITY. In the event this Ordinance conflicts with any other Ordinance of Collier County or any other applicable law, the more restrictive will apply. If any phrase or portion of this Ordinance is held invalid or unconstitutional by any court of competent jurisdiction, such portion will be deemed a separate, distinct anC independent provision and such holding will not affect the validity of th( remaining portions. Page 5 of 6 AGENDA ~TFJ~, HAR 2 3 SECTION THREE. INCLUSION IN COOE OF LAW AND ORDINANCES. The provisions of this Ordinance are to be made a part of the Code of Laws and Ordinances of Collier County, Florida. The sections of the Ordinance may be renumbered or reiettered to accomplish such, and the word 'ordinance' may be changed to 'section', "article', or any other appropriate word. SECTION FOUR: EFFECTIVE DATE. This Ordinance will be Department of State. effective upon filing with the Florida PASSED AND DULY A?D~TED by the Board of County Commissioners of Collier County, Florida this ~ day of k~bU~jF~v'" ,2003. A~,'I~E~FJ':C' ~/.['., BOARD OF COUNTY COMMISSIONERS . :.DWIGHT'E:~B ,I~I~K, Clerk OF COLLIER COUNt, FLORIDA ~ ~.:~ '-,: ~'~ ~ u :~..-... '~:.=,~!~>~. ~= Z~ ~enni~Chai~an ~ -- ' " ~is ~i~nce fi~ wi~ ~. "Al~.rovecl a$-t~;'~orm and Patrick-G~. White Assistant County Attorney Page 6 of 6 ~AR 2 3 200~ STATE OF FLORIDA) COUNTY OF COLLIER) I, DWIGHT E. BROCK, Clerk of Courts in and for the Twentieth Judicial Circuit, Collier County, Florida, do hereby certify that the foregoing is a true and correct copy of: ORDINANCE 2003-60 Which was adopted by the Board of County Commissioners on the 18th day of November, 2003, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 20th day of November, 2003. C'%':~:$''~$~;~b~'' DWIGHT E BRO~, '.-., ' ~ Clerk of Co~. ~d C%~rk-~' ~ County co~iss~er~t . '~.' By: ~n Je~j ohn, Deputy Clerk AGENDA MAR 2 3 2004 I..E:GAL DESCRIPTION: A PARCEL OF LAND LOCATED tN A POR~ON OF SECTION 10, TOWNSHIP 48 SOUTH, RANGE: 25 EAST, COLUER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT NORTHV/F. ST CORNER OF THE NORTHEAST QUAR1ER OF SECTION 10, TOtg4SHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORtDA; THENCE RUN S.89'55'53'F--, ALONG THE: NORTH UNE OF THE btORTHEAST ONE: QUARTER OF SAID SECTION 10, FOR A DISTANCE OF 249.58 FEET, TO THE ~ ~ OF THE: pARCEL OF LANO HEREIN DE:SCRIBE~, THENCE CONTINUE $89~5'5~'F--, ALONG THE NORTH ~ OF THE NORTHEAST ONE: QUARTER OF SAID SECTION 10, FOR A DISTANCE OF 460.15 FEET; THENCE RUN ' 'W- FOR A DISTANCE OF 198~7,3 FEET TO THE BEGIN_N.I.N_G OF. A SOUTHEASTERLY ALONG THE ARC OF SaJO CURVE TO THE: LEFT, HAV~G A RADIUS OF 40.00 FEET, TI-tROUGH A CENTRAL ANGLE OF 61'5a,'52', SUBTENDED aY A CHORD OF 41.15 FEET AT A BEARIt~ OF ~50~'05'T-, FOR A DISTANCE A DISTANCE OF 4~.81 FEET TO A PO~T ON A CIRCULAR CURVE, CONCAVE EASTERLY, WHOSE RAD~S F~NT SEARS S~40~Y55'E., A DISTANCE OF 60.00 FEET THEREFROm; THENCE RUg SOUTHERLY N.ONG THE ARC OF SAID CURVE TO THE LEFT, HA~NG A R~US OF 60.00 FEET, THROUGH A CENTRAL ANGLE OF 114"03'21', SUBTENDED BY A CHORD OF 100.68 FEET AT A BEARING OF S.07~2'39'E:-, FOR A DISTANCE OF 119.44 FEET TO TI~ END OF SAID CURVE; ~00~35'54"W., FOR A DISTANCE OF 23.63 F~T; THENCE RUt4 N.89~54TM, FOR A D~TANCE OF 76.45 ~'ET; THENCE RUN N.89~o~'06"W., FOR A DI$?ANCE OF 23.53 FEET: THENCe. RUN N.SO'54'28"W., FOR A DISTANCE OF 65.36 FEET; THENCE RUN N.29'58'46"~., FOR A DISTANCE: OF 14.91 FEET; THENCE RUN N.89~':53"W., FOR A DISTANC[ OF 104.92 FEET TO A PDINT ON A CURVE, CONCAVE NORTHEAS~]~-Y, ~OSE RA~US PONT BEARS N.OO~O4'OT"E., A DISTANCE OF 89.00 FEET THEK~F]~OM; THENCE RUN NORTHV~.'STERLY ALONO THE ARC OF SAID OURVE TO THE RIOHT, HA~/INO A RADIUS OF ~.00 FEET, THROUGH A GENTRAL ANGLE OF' 45"00'01", SUB~E:NDED BY A CHORD OF' FEET AT A I~.ARINO OF N.67'25'53"W., FOR A DISTANCE OF 69.90 FEET TO THE END OF SA~D CURV~ THENCE RUN N.46'23'37"W., FOR A DisTANCE OF 55.3.5 FEET TO A POINT ON A CIRCULAR CUR~/E, GOHC.,AVE NORTHEASTERLY, V~IOSE RADIUS POINT BEARS N.41'O~'38"E:., A DISTANCE OF 79.57 FE:ET THERE:IrRDId~ TH~ RUN NORTH~:$TERL¥ ALONO TIlE ARC OF ~ID CURVE TO ~ RIGHT, HA~qNO A RADIUS OF 79.57 FEET, THROUGH A CENTRAL ANGLE: OF 45"28'21", ~JBTENDED BY A CHORD OF $1.51 FEET AT A BEARING OF N.2O'I2'12"W., FOR A DISTANCE OF 6~L15 F~ET TO A POINT ON A GIROULAR CURVE, CONCAVE EAS]I.'RLY, WHOSE RA~US PONT BEARS N.88~3'43"~, DISTANCE: OF 85.00 FEET THEREFROM; THrr. NCE RUN NO~THERI-¥, ALONG THE ARC OF' ~ ~ TO ~HE RIOHT, HA~NO A RADIUS OF 85.00 FEL~r, THROUOH A CEN~=~d. ANOLE OF 01'30'24', SUB~.NDED BY A CHORD OF 2.24 FEET AT A BEAR~ OF ~.00'41'05"W., FOR ^ DISTANCE OF 2.2~ FEET; THENCE RUN N.OO'O4'OT'E-, FOR A DISTANCE OF 93.36 FEET; THE:NCE RUN N.39'27'51"W., FOR A D~TAN~ OF 17.76 Fi~'T; ~ RUN 1~4~ F(~ A DISTANCE OF 6.24 FEET; THENCE RUN N..~'lS'Ol'W., FOR A DISTANCE OF 9.54 FEET; THENCE RUN N.53'O4'20'W., FOR A DISTANCE OF 4.41 FE~T; THENCE RUN N.SO~'12"W., FOR A DISTANCE OF 6.~9 F~'T; THE]~CE RUN N.OO'O4'O7"F~, FOR A DL~TANCE OF' 17.63 I~-~r; THENCE RUN FOR A DISTANCE OF 7.27 FEET; THENCE RUN N.OS'38'~'W., FOR A DISTANCE OF 17.7:2 FEET; THENCE RUN N.13'IS'4~3"E., FOR A DISTAN~ OF 1~40 FEET; THENCE RUN N.12'10'08'[-, FOR A DISTANCE OF 12.~2 FEET; THL'I~ N.O~e'33"w., FOR A DISTANCE OF 7.9~ FE~'T; THENCE RUN N.41~5'48"W., FOR A DISTANCE OF' 11.8~ FEET; THENCE RUN N.57'28'OO"~., FC)~ A ~-~.T:. OF 11.5o FEET; THENCE RUN N.6~39'48'W., FOR A DISTANCE OF 12.t~! F~-T~,~A THENCE RUN N.6748'22"W., FOR A DISTANCE OF 10.00 FEET; THENGI!: ~N N~ N.OO'2~'53"E., FOR A DISTANCE OF 76.06 FEET, TO THE pOSIT OF CONTA O 4.190 AORE MORE OR LESS MAR P~.. EXECUTIVE SUMMARY ACCEPT GRANT FUNDS FOR THE STORMSEWER INLET MARKING PROGRAM IN THE AMOUNT OF $18,000.00. OBJECTIVE: To accept $18,000 in matching grant money awarded under South Florida Water Management District / Big Cypress Basin Contract #15059, Stormsewer Inlet Marking Program. CONSIDERATIONS: 1. The County's National Pollutant Discharge Elimination System (NPDES) permit for its stormwater collection system requires the County to have a Stormsewer Inlet Marking Program as part of an effort to educate and involve the public about actions and choices they can take to improve the stormwater quality of their neighborhood drainage systems and the quality of receiving waters. 2. It is also necessary to provide homeowners with information about their responsibility for maintaining the proper function of their permitted stormwater management systems and what they can do to minimize operating costs and maximize this amenity. 3. Matching funds have been allocated in th'is fiscal year's budget as required under the grant program guidelines. ,_FISCAL IMPACT: Funds in,the amount of $18,000.00 are budgeted and available in the Gas Tax Fund (313) for the County s required match in funding. GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact resulting from this action. RECOMMENDATION: That the Board accepts grant funds of $18,000 by Road Maintenan~:e DepartmentJStormwater Management. SUBMITTED BY: ,,/~ ~-/'~ DATE: ~ -/O-<9 SteCeh Prest,~j:, Project Manage:j,~, Road Maintenance Department REVmWED BY: DATE L~/~/~.~ Interim Director, Road Maintenance Department / vman~ccounting Supervisor, Transportation Division APPROVED BY: ~,. -~ _ ~ DATE: ~ :eder, ~dministrator, Transportation Division AGENDA ITEM, .o.. MAR 2 3 200q Pg-,. '¸0 SOUTH FLORrDA WATER MANAGEMENT DISTRICT 3301 Gun Club Road, West Palm Beach, Florida 33406 · (561) 686-8800 · FL WATS 1-800-432-2045 Mailing Address: EO. Box 24680, West Palm Beach, FL 33416-4680 · www. sfwmd.gov ADM 28-06 April 9, 2003 - TDD (561) 697-2574 APR ! 5 2003 Mr. Gerald Strakaluse, P.E. Collier County GoVernment Transportation Engr. & Constr. Dept 2675 South Horseshoe Drive Suite 401 Naples, FL 34104 Dear Mr. Strakaluse: Subject: Contract No. C-15059 Stormwater inlet Marking Program RECEIVED,... APR 1 5 2003 STORMW,LTEF~ Enclosed please find one (1) fully executed copy of the above referenced contract. you have any questions, please contact me at (561) 682-6444. Thank you for your efforts on behalf of the District. If Sincerely, 3oan~e~u~le Contract Specialist Procurement Department ·/JM Enclosure C: Procurement Original File Alex Quintero, 6611 Stephen M. Ladd, 1540 AGENDA ITEM. No..__ / ~" tL;~ / MAR 2 3 200~ GOVERNING BOARD EXECUTIVE OFFICE Trudi K. Williams, P.E., Chair Lermart E. Lindahl, P.E., Vice-Chair Pamela Brooks-Thomas Michael Collins Hugh M. English Gerardo B. Femlindez Patrick J. Gleason, Ph.D., P.G. Nicol~is J. GutiOrmz, Jr., Esq. Harkley R. Thornton lqenry Dean, Executive Director 2003 - 2004 SOUTH FLORIDA WATER MANAGEMENT DISTRICT BIG CYPRESS BASIN COOPERATIVE AGREEMENT dent: Collier County Transportation Division Engineering & Construction Recipient's Project Manager: Gregg Strakaluse Address: 2675 South Horseshoe Drive Suite 401 Naples, FL 34104 Telephone No: (239) 732-2501 Fax No: 659-5790 Contract Number: C- 15059 Governing Board Approval Date: Not Applicable District Funding Amount: $18,000.00 Not to Exceed 50% of total project cost SI~VMD Project Manager: Stephen Ladd Address: 6089 Janes Lane Naples, FL 34109 Telephone No: (239) 597-1505 Fax No: 597-4987 Insurance: Applicable/Not Applicable Federal Employer Identification Number: Project Title: Stormwater inlet Marking Program Description: Installation of warning markers on storm inlets to prevent pollution. AGENDA ITEM .o.,_ ! MAR 2 3 200~ Pg. -~ Contract C-15059 Page 1 of 9 This Agreement is entered into between "the Parties", the South Florida Water Management District, the "District", and the undersigned Applicant, hereinafter referred to as the "Recipient". The Recipient warrants and represents that it has no obligation or indebtedness that would impair its ability to fulfill the terms and conditions of this Agreement, and shall abide by all legal, financial, and reporting requirements, such as matching funds and final reports for all funding received by the Recipient from the District. 1.1 1.2 ARTICLE 1 - PROJECT The' Recipient shall, to the satisfaction of the District, fully and timely construct and perform all work items described in the "Detailed Description of the Project," attached hereto as Attachment "A", and made a part of this Agreement. As part of the services to be provided by the Recipient under this Agreement, the Recipient shall substantiate, in whatever forum reasonably requested by the District, any supporting documentation utilized as a basis for payment by the District. This paragraph shall survive the expiration or termination of this Agreement. ARTICLE 2 - TERM OF THE AGREEMENT 2.1 The period of performance of this Agreement shall commence on the Project Start Date stated by the Recipient on the last page of this Agreement and shall continue for a period of one (1) year. 2.2 The Parties agree that time is of the essence in the performance of each and every obligation under this Agreement. ARTICLE 3 - COMPENSATION/CONSIDERATION 3..1 As consideration for providing the goods and services required by this Agreement, the District shall pay the Recipient the funding amount as specified on front page. Such amount is a not to exceed amount and therefore, no additional consideration shall be authorized. Recipient must provide at least fifty (50) percent of the total project cost. 3.2 The Recipient assumes sole responsibility for all work, which is performed pursuant to Attachment "A." By providing funding hereunder, the District does not make any warranty, guaranty, or any representation whatsoever regarding any of the work performed hereunder, including but not limited to the adequacy or sufficiency of all or any part of work described in Attachment "A". AGENDA ITEM No._ 2 3 Contract C-15059 Page 2 of 9 ARTICLE 4 - FUNDING PAYMENTS AND REPORTING 4.1 The District shall make payment to the Recipient upon completion and acceptance of the Project. The Recipient shall provide certification that the Project has been completed in accordance with Attachment "A" of this Agreement. 4.2 The Recipient's invoice shall reference the District's Contract Number and shall be sent to the Project Manager at the address stated on the first page of this Agreement. The Recipient shall not submit an invoice to any other address at the District. 4.3 The District shall inspect all work and review final reports before authorization of payment is made to the Recipient. The District shall pay the full amount ot: the invoice within thirty (30) days of receipt and acceptance, provided the Recipient has performed the work according to the terms and conditions of this Agreement. Funding will be withheld if the Recipient has not submitted required reports or met all of the administrative requirements. 4.4 Upon award of the Agreement, the Recipient shall provide to the District a detailed schedule of the Project. The Recipient shall provide three (3) copies of progress reports on a quarterly basis to the District, which shall describe the extent of Project completion. Upon request by the District, the Recipient shall provide as supporting documentation, all work products associated with the completion of the tasks designated in the Work Breakdown Structure and Deliverable Schedule of Attachment "A", attached hereto to this Agreement. 4.5 However, failure by the Recipient to follow the foregoing instructions may result in an unavoidable delay of payment by the District. ARTICLE 5 - PROJECT MANAGEMENT 5.1 The Parties shall direct all matters arising in connection with the performance of this Agreement, other than invoices and notices, to the attention of the Project Managers for attempted resolution or action. The Project Managers shall be responsible for overall coordination and oversight relating to the performance of this Agreement. 5.2 All notices, demands, or other communications to the Recipient under this Agreement shall be in writing and shall be deemed received if sent by certified mail, return receipt requested, to the address stated on the first page of this Agreement. AGENDA_ITEM No.. /~'~ ~ ] 2 3 200 Pgo ~ Contract C-15059 Page 3 of 9 All notices to the District under this Agreement shall be in writing and sent by certified mail to the South Florida Water Management District at the below address: Attn: J. M. Rule, C.P.M. Contracts - Procurement Department 3301 Gun Club Road West Palm Beach, FL 33406 5.3 All notices required by this Agreement shall be considered delivered upon receipt. Should either Party change its address, wriuen notice of such new address shall promptly be sent to the other Party. 5.4 All correspondence to the District under this Agreement shall reference the District's Contract Number. 6.1 6.2 6.3 6.4 6.5 ARTICLE 6 - TERMINATION/REMEDIES If Recipient fails to fulfill its obligations under this Agreement in a timely and proper manner, the District shall have the right to terminate this Agreement by giving wntten notice of any deficiency. The Recipient in default shall then have ten (10) calendar days from receipt of notice to correct the deficiency. If the Recipient fails to correct the deficiency within this time, the District shall have the option to terminate this Agreement at the expiration of the ten (10) day time period. The District may terminate this Agreement at any time for convenience upon thirty (30) calendar days prior written notice to the Recipient. The performance of work under this Agreement may be terminated by the District in accordance with this clause in whole, or from time to time in part, whenever the District shall determine that such termination is in the best interest of the District. Any such termination shall be effected by delivery to the Recipient of a Notice of Termination specifying the extent to which performance of work under the Agreement is terminated, and the date upon which such termination becomes effective. In the event of termination, the District shall compensate the Recipient for all authorized and accepted work performed through the termination date. The District shall be relieved of any and all future Obligations hereunder, including but not limited to, lost profits and consequential damages under this Agreement. The District may withhold all payments to the Recipient for such work until such time as the District determines the exact amount due to the Recipient. If either Party initiates legal action, including appeals, to enforce this Agreement, the prevailing Party shall be entitled to recover a reasonable attorney's fee, based upon the fair market value of the services provided. In the event the Recipient's funding becomes unavailable, that shall be good and sufficient cause for the District to terminate the Agreement, pursuant to P: above. Contract C-15059 Page 4 of 9 ~,,~l, C 3, AGEI~DA.ITEM N°-,-___.~l~_~ HAR 2 3 2006 6.6 In the event a dispute arises which the Project Managers cannot resolve between themselves, the Parties shall have the option to submit to non-binding mediation. The mediator or mediators shall be impartial, shall be selected by the Parties, and the cost of the mediation shall be borne equally by the Parties. The mediation process shall be confidential to the extent permitted by law. ARTICLE 7 - RECORDS RETENTION 7.1 The Recipient shall maintain records and the District shall have inspection and audit rights as follows: A. Maintenance of Records. The Recipient shall maintain all financial and non-financial records and reports directly or indirectly related to the negotiation or performance of this Agreement, including supporting documentation for any service rates, expenses, research or repons. Such records shall be maintained and made available for inspection for a period of five (5) years from com. pleting performance and receiving final payment under this Agreement. B. Examination of Records. The District or its designated agent shall have the right to examine in accordance with generally accepted governmental auditing standards all records directly or indirectly related to this Agreement. Such examination may be made only within five (5) years from the date of final payment under this Agreement and upon reasonable notice, time and place. C. Extended Availability of Records for Legal Disr~utes. In the event that the District should become involved in a legal dispute with a third party arising from performance under this Agreement, the Recipient shall extend the period of maintenance for all records relating to the Agreement until the final disposition of the legal dispute, and all such records shall be made readily available to the District. ARTICLE 8 - STANDARDS OF COMPLIANCE 8.1 The Recipient, its employees, subcontractors or assigns, shall comply with all applicable federal, state, and local laws and regulations relating to the performance of this Agreement. The District undertakes no duty to ensure such compliance, but will attempt to advise the Recipient, upon request, as to any such laws of which it has present knowledge. 8.2 The laws of the State of Florida shall govern all aspects of this Agreement. In the event it is necessary for either party to initiate legal action regarding this Agreement, venue shall be in the Fifteenth Judicial Circuit for claims under state law and in the Southern District of Florida for any claims which are justiciable in federal court. 8.3 The Recipient shall allow public access to all Project documents and materials in accordance with the provisions of Chapter 119, Florida Statutes. Should th! KecJ~-¥~DA II£1~l r---i , ! . . MAR 2 3 200 Contract C-15059 Page 5 of 9 assert any exemptions to the requirements of Chapter 119 and related Statutes, the burden of establishing such exemption, by way of injunctive or other relief as provided by law, shall be upon the Recipient. 8.4 Pursuant to Section 216.347, Florida Statutes, the Recipient is prohibited from the expenditure of any funds under this Agreement to lobby the Legislature, the judicial branch, or another state agency. 8.5 The Recipiel~t shall obtain, at its sole expense, all necessary licenses, authorizations and permits from the appropriate private party or federal, state, municipal or local agency, ahd other governmental approvals, prior to commencing performance of this Agreement. 8.6 The Recipient hereby assures that no person shall be excluded on the grounds of race, color, creed, national origin, handicap, age, or sex, from participation in, denied the benefits of, or is otherwise subjected to discrimination in any activity under this Agreement. The Recipient shall take all measures necessary to effectuate these assurances. ARTICLE 9 - INDEMNIFICATION AND INSURANCE 9.1 The following indemnification clause shall only be applicable to Investor-owned Utilities or Private Entities For value received, which is hereby acknowledged, the Recipient shall defend, indemnify, save, and hold the District, its agents, assigns, and employees, harmless from any and all claims or causes of action, including without limitation, all damages, losses, liabilities, expenses, costs, and attorney's fees related to such claims, resulting from any negligent or intentional act or omission, or the violation of any federal, state, or local law or regulation, by the Recipient, its subcontractors, agents, assigns, invitees, or employees in connection with this Agreement. The Recipient further acknowledges that it is solely responsible for ensuring its compliance and the compliance of its subcontractors, agents, assigns, invitees and employees with the terms of this Agreement. The provisions of this paragraph survive the termination or expiration of this Agreement. 9.2 The following shall only apply if the work is being performed on District property. The Recipient shall procure and maintain, through the term of this Agreement, insurance coverage reflecting, at a minimum, the limits and coverage conditions identified on the District's Certificate of Insurance, attached and made a part of this Agreement. The coverage required shall extend to all employees and subcontractors of the Recipient. The attached District's Certificate of Insurance shall be completed in full, indicating the producer, insured, carrier's name and Best rating, policy numbers and effective and expiration dates of each type of coverage req~ Certificate shall be signed by the insurance carrier's authorized representati Contract C-15059 Page 6 of 9 MAR 2 3 200q ,~ ARTICLE 10 - RELATIONSHIP BETWEEN THE PARTIES I0.1 The Recipient is an independent contractor and is not an employee or agent of the District. Nothing in this Agreement shall be interpreted to establish any relationship other than that of an independent contractor between the District and the Recipient, its employees, agents, subcontractors, or assigns, during or after the performance of this Agreement. The Recipient is free to provide similar services for others. 10.2 The Recipient shall not assign, delegate, or otherwise transfer its rights and obligations as set forth in this Agreement without the prior written consent of the District. Any attempted assignment in violation of this provision shall be void. 10.3 It is the intent and understanding of the Parties that this Agreement is solely for the benefit of the Recipient and the District. No person or entity other than the Recipient or the District shall have any rights or privileges under this Agreement in any capacity whatsoever, either as third-party beneficiary or otherwise. ARTICLE 11 - GENERAL PROVISIONS 11.1 Notwithstanding anY provisions of this Agreement to the contrary, the Parties shall not be held liable for any failure or delay in the performance of this Agreement that arises from fires, floods, strikes, embargoes, acts of the public enemy, unusually severe weather, outbreak of war, restraint of Government, riots, civil commotion, force majeure, act of God, or for any other cause of the same character which is unavoidable through the exercise of due care and beyond the control of the Parties. Failure to perform shall be excused during the continuance of such circumstances, but this Agreement shall otherwise remain in effect. This provision shall not apply if the Detailed Description of Work - Attachment "A" of this Agreement specifies that performance by the Recipient is specifically required during the occurrence of any of the events herein mentioned. 11.2 In the event any provisions of this Agreement shall conflict, or appear to conflict, the Agreement, including all Attachments, and all documents specifically incorporated by reference, shall be interpreted as a whole to resolve any inconsistency. 11.3 Failures or waivers to insist on strict performance of any covenant, condition, or provision of this Agreement by the Parties, their successors and assigns shall not be deemed a waiver of any of its rights or remedies, nor shall it relieve the other Party from performing any subsequent obligations strictly in accordance with the terms of this Agreement. No waiver shall be effective unless in writing and signed by the Party against whom enforcement is sought. Such waiver shall be limited to provisions of this Agreement specifically referred to therein and shall not be deemed a waiver of any other provision. No waiver shall constitute a continuing waiver unless the writt ~ states AGENDA ri'EM otherwise. No.,_ /~6>~/__ MAR 2 3 ~L Contract C-15059 Page 7 of 9 Pg' ~' 11.4 11.5 11.6 Should any term or provision of this Agreement be held, to any extent, invalid or unenforceable, as against any person, entity or circumstance during the term hereof, by force of any statute, law, or ruling of any forum of competent jurisdiction, such invalidity shall not affect any other term or provision of this Agreement, to the extent that the Agreement shall remain operable, enforceable and in full force and effect to the extent permitted by law. This Agreement may be amended only with the written approval of the Parties. This Agreement states the entire understanding and Agreement between the Parties and supersedes any and all written or oral representations, statements, negotiations or Agreements previously existing between the Parties with respect to the subject matter of this Agreement. The Recipient recognizes that any representations, statements or negotiations made by District staff do not suffice to legally bind the District in a contractual relationship unless they have been reduced to writing and signed by an authorized District representative. This Agreement shall inure to the benefit of and shall be binding upon the parties, their respective assigns, and successors in interest. Contract C-15059 Page 8 of 9 ~AOgNOA ~ /0 IN WITNESS WHEREOF, the Parties or their duly authorized representatives hereby execute this Agreement on the date ~xitten below. SOUTH FLORIDA WATER MANAGEMENT DISTRICT Recipient's Legal Name: By Authorized Official: Project Start Date: SFWMD Procurement approved: By: ./~_.~ ~)..,k.~, Date: 4/~/a.../ .. Contract C-15059 Page 9 of 9 AGENDA IIEM No., ./~" NAR 2 3 200~ Pg. 2002-2003 SOUTH FLORIDA WATER MANAGE~IENT DISTRICT RIG CYPRFSS ils. SIN COOPER.~TIVE WATER RE~URCES PROJECT APPLICATION FO Pu41 I ORIGINAL Application No: BCB CWRP - FY03 c-15059 ( District to provide) ATTACHMENT "A" The t, ndersigned Applicant has read all of the terms .',nd conditions of the Big Cypress B--',sin Cooperative Water Resourc~ Projects Funding Program Guidelines .',nd Application. and certify that all of the inforrnntion eon~.~ined within this Application and subsequent Attachments are true corro;:t to the best of its knowledge. .\pplicanfs l.t.~al N:wne: Gregg R.-Strakaluse, P.E. Collier County Government Transportation Engr. 8,: Constr. Dept. Sidle l)r,-.,l)cpl, il';~Fl~licabl¢I l"rvlo.-t Title; Stormwater Inlet Marking Program I ?-.'.~ nptk,n; Volunteers to install warning markers on storm inlets to prevent pollution. 'l'yp ¢ ~ ~l'( )r~miz;t U c,.: County Government Stormwater Management Section Is thc Prujcd being rx:rlbmx:d un I)i.~ln~l prupcrty: l,'";,cC. ;,tL]ch 1)i slritl's Cerl il]c;, lc o1'1 nsmwa~:e. .\pplic;infs.S. ddr~.~c Horseshoe Square, Suite-aN'--2- ='' -g6~South Horseshoe Drive ".; Naples, FL 34104 I:Lnxl lng AIm,unl Rcq,¢sh.xl; $18,060.45 CoUI11¥ h'l which Pr,'!jecl svili be I~uill~ Collier [ ~.'Jt¢ o f Inccr W('al S~lc of hlcoq,or;~ti~l: · l:u~a I I1) Ncx: Y~ ~ No ~ Ins )vur o~an ht;HJ,:,ll e','¢r rcx.xn vcd l'u~xling u,d~ Ibc I~ig ('ypress I Jasin Co,ffx:r;,iivc Water IG:sources IYqjc,.-L,; l'undin? ~ No I-'1 Ycnr I;,.a roceivcd: 2002 . Strakal~§e, P E Director, Trans. E_n_g.r_ & Constr. D~ept. Contract · \nl,;-Illll of l' unding Ro:cirtxl: $56,000 'l'¢lepl~x]e.\rca ('ode,Numbcs; 239-732-2501 F;IX N I1 IIl[ltlg I MAR 2 3 2130 pg. //2 C-15059 Page i of 8 _ Storm Inlet Markin~ Proeram Proposal I ORIGINAL Collier County Stormwater Management Cooperative Water Resource Project Funding Application Statement of Work Introduction Collier County and Big Cypress Basin Board (BCBB), as owner/operators of stormwater collection systems, or, Municipal Separate Storm Sewer System (MS4), must apply for a stormwater discharge permit by March 10, 2003 as part of the U.S. Environmental Protection Agency's (EPA) National Pollutant Discharge Elimination System (NPDES) program. In order to qualify for an NPDES Phase II MS4 Stormwater Permit the County and BCBB must develop a Stormwater Management Program (SWMP) designed to meet criteria outlined in F.A.C. 62-621.300(7)(a). Since the stormwater management systems of the County and BCBB are interconnected, the EPA encourages a SWMP that covers both systems. Furthermore, the County and BCBB staff have agreed that joining resources to meet the NPDES permit requirements serves the best interest of both entities. Collier County Stormwater Management Section is developing the SWMP and will be responsible for coordinating the implementation of programs outlined in the SWMP. This effort will rely on activities and programs implemented by many County departments, Big Cypress Basin staff, and not-for-profit groups operating in Collier County. After the SWMP is approved and the permits are issued to BCBB and Collier County, the programs are to be phased in over a five-year period, with annual reports submitted to document progress in meeting the measurable goals outlined in the SWMP. Programs developed in the SWMP must address the following subject areas: · Public Education and Outreach · Public Participation and Involvement · Illicit Discharge Detection and Elimination · Construction Site Runoff Control · Post-Construction Runoff Control · Municipal "Good Housekeeping" for Pollution Prevention AGENDA ITEM No.. /,~f' _/~ ! MAR 2 3 20Oq Pg. /3 Stoxm Inlet Marking Program Proposal Collier County Stormwater Management ORIGINAL Thus, a portion of the SWMP must outline programs that educate the public and involve the public on issues of stormwater pollution: for example, where stormwater pollution originates, the impact that citizen's habits have on stormwater quality, and organizing volunteers into activities that can prevent pollution from entering the stormwater system and its receiving waters. The EPA has given many examples of programs that develop these goals and that qualify as meeting some of the requirements for an NPDES permit. The County and BCBB already have some of these programs, such as the: · Adopt-A-Road Program · Adopt-A-Canal Program · Florida Yards and Neighborhood Program There are many new programs outlined in the SWMP being developed that address stormwater pollution prevention, such as, training programs for maintenance crews and new requirements for developers in the County's Land Development Code. Another of these programs is the "Stormwater Inlet Marking Program" which has been very successful and cost-effective nationwide, but does not exist in Collier County at this time. In communities where this program operates, it has proved to be extremely effective in raising public awareness and understanding of stormwater quality issues, and has helped to prevent pollution in stormwater. Scope A stormwater inlet marking program involves equipping and guiding volunteers for labeling storm drain inlets with messages warning not to dump pollutants into curb inlets and storm drains. The messages are simple phrases to inform or remind people that the storm inlets connect directly to local water bodies without being treated, and that dumping pollutes those waters. (A photocopy of an example marker is attached). The markers are affixed to concrete or metal and have an estimated life of at least 25 years. T be in English and Spanish. AGENDA ITEM Nte. ssage will MAR 2 3 Pg._ Storm Inlet Marking Program Proposal Collier County Stormwater Management I ORIGINAL In any urban area common pollutants dumped in storm inlets include oil, solvents, paint, and yard landscape debris. In urbanized Collier County, one of the primary pollutants in stormwater is dissolved nutrients, which comes mostly from landscape debris. Dissolved nutrients are very difficult to remove from the water column and cause excessive aquatic plant growth in surface waters. Excessive aquatic plant growth, if not removed from stormwater detention ponds and conveyance channels, causes multiple problems such as: degradation of water quality and "fish kills", reduction of stormwater detention capacity, and reduction of aquifer recharge as plants die and fine organic muck accumulates on the bottom, reducing substrate permeability. Every year, the County receives calls from residents reporting "fish kills" in stormwater detention ponds. The beginning of the process that generates a fish kill in urban ponds and canals is excessive nutrients buildup. Preventing nutrients from entering the stormwater collection system is a key component in solving these problems. Some dissolved nutrients enter the aquatic environment from fertilizers that are dissolved and carried into detention structures by stormwater, but the greatest source of dissolved nutrients is from grass and landscape trimming debris that finds its way to street curbs, storm drains and detention ponds. Property owners and landscape maintenance crews need to know that storm inlets are not trashcans for yard waste and need to be protected for optimum functioning of the stormwater management system. Homeowners and home owner associations need to know that allowing yard waste to enter their stormwater system will result in premature aging of the components, increased maintenance costs, and perhaps cause flooding. The storm inlet marking program recruits neighborhood residents to install the markers and distribute informational door hangers, and in that process causes them to become aware of these issues and vests them in the process of making a difference and being part of the solution to the problem of stormwater pollution from their neighborhood. AGENDA ri'EM - MAR 2 3 200q Storm Inlet Marking Program Proposal Collier County Stormwater Management IORIGINAL Work Breakdown and Structure The stormwater inlet marking program will be developed as pan of the NPDES Phase II MS4 Stormwater Permit program being developed in the SWMP by Collier County Stormwater Management Section for Collier County and Big Cypress Basin MS4s. Stormwater Management Section will be responsible for coordinating the program implementation with representatives of Keep Collier Beautiful and the University Extension Service of Collier County. Stormwater Management (S.O.P.) that includes: · · · · · Section will create a program Standard Operating Procedure a form letter to prospective volunteer groups, interest forms for respondents to register for the program, installation instructions for affixing markers, street maps showing inlet locations of areas where inlets will be marked, and instructions and forms for recording and reporting progress. Stormwater Management will purchase mailing supplies, the markers and supplies used to install and locate them, door-hangers for follow-up education, create annual progress repons, and work to secure funding for future years. Keep Collier Beautiful and University Extension will be responsible for recruiting and training volunteers, supplying volunteers with supplies needed to mark and locate the storm inlets, collecting volunteer activity records and producing summary reports for use in the annual progress report. Keep Collier Beautiful will focus on marking storm inlets along public roadways with volunteers such as businesses and Boy Scouts. University Extension, in tandem with their Florida Yards and Neighborhood program, will focus on marking storm inle neighborhoods, primarily through home owner associations or other neighborh Contract C-15059 Page 5 of 8 s in residential ' . AGENDA ITEM )o ,roups. / 2 3 200 PcJ. /'dr Storm Inlet Markin~ Pro~ram Proposal Collier County Storrnwater Management I ORIGINAL Pro/ect Cost Project costs are estimated to be $36,120.89 with the purchase of 5,000 markers. This does not include Stormwater Management Section staff time for coordination and reporting which is already budg6ted in the County's NPDES program. The County would fund its half, $18,060.45 from moneys budgeted for the NPDES program in FY 2003, which is located in the Water Pollution Prevention Fund 114, Cost Center 178975, as approved by the Board of Collier County Commissioners. An itemized cost estimate follows: Signs 5,000 markers Installation kits 30 Tote Boxes 30 Wire Brushes 30 Calk Guns 330 Tubes of Epoxy 150 Pair Latex Gloves 5 Pounds Large Nails Locator units 5 Garmon 76 GPS units Marketing, Training, Supervision 20 hours/week 30 weeks @ 624.00 Printing and Postage Printing 600 Letters 300 Interest Forms 300 Instructions Postage 600 Letters @ 2.65 ea. @ 2.63 ,~ @ 1.80 ea. @ 1.33 ea. @ 8.00 ea. $ 78.90 54.00 39.90 2,676.30 47.46 3.25 @ 200.00 ea. @ 31.20,q~our = 624.00 15.48 7.83 7.77 0.37 ea. 31.08 222.00 $13,250.00 2,899.81 1,000.00 18,720.00 251.08 Total Cost for Project $36 zu'~GENDA ITEM No., R / MAR 2 3 200 / ? Storm Inlet Marking Program Proposal Collier County Stormwater Management IORIGINAL ] Location of the Proiect Storm inlets throughout unincorporated, urbanized Collier County will be targeted. Deliverable Sch'edule When the proposal is accepted, Stormwater Management staff will generate a program SOP and order the markers and installation kits. At the same time, press releases will be made that explain the program and encourage volunteer contact with University Extension and Keep Collier Beautiful. As volunteer groups become active, more media exposure will be arranged. At the end of one year, a progress report will be assembled by Collier County Stormwater Management that will include statistics on participant groups and numbers, marker locations and numbers installed, number of door hangers distributed, and an account of press releases. This report information will also be used to satisfy NPDES permit reporting requirements. Contract C-15059 Page 7 of 8 AGENDA ITEM. l 2 3 200q Pg. /~) Cnntrnrt C-15059 Pame 8 of 8 MAR 2 3 200~ EXECUTIVE SUMMARY AWARD A CONSTRUCTION CONTRACT IN THE AMOUNT OF $515,931.50 TO DOUGLAS N. HIGGINS, INC. TO ENCLOSE THE IMMOKALEE FLORIDA SPECIALTIES DITCH, PROJECT NUMBER 51015, BID NO. 04-3612. OBJECTIVE: To receive Board approval to award a contract to proceed with the enclosure of the Immokalee Florida Specialties ditch for $515,931.50 as per plans to the lowest bidder, Douglas N. Higgins, Inc. CONSIDERATIONS: The bid was publicly advertised on January 20, 2004. Notices were sent to ninety-seven (97) firms with seven (7) firms requesting plans and specifications. Five (5) responses were received by the due date of February 18, 2004. Responses were received from the following firms: Douglas N. Higgins Inc., Florida State Underground, Armadillo Underground, Haskins, Inc., and Quality Enterprises. The proposed work is located in east Immokalee, south of SR 29, southwest of the airport, and lies between the Balgas Gas Station (west) and Immokalee Florida Specialties produce packing house (east). The segment of ditch being proposed for modification is about thirty feet (30') in width measured from top of the bank. The length is about eight hundred feet (800'). This ditch is part of a large conveyance swale system about 3.6 miles long before it gets to the ditch in question. This system conveys a considerable amount of runoff from a large area of the north side of Immokalee. The Florida Specialties packing house is in close proximity to the ditch and there is great concern of bank erosion towards the building. Staffhas reviewed the bids received and recommends award to Douglas N. Higgins, Inc. as the lowest, qualified and responsive bidder. FISCAL IMPACT: Funds are available within the Stormwater Management C~ Fund (301). The current budget for Project number 51015 is $796,884. Awarding the contract to Douglas N. Higgins Inc., in the amount of 515,931.50 and a contingency fund ol' $51,593.15 is within the current budget. Source of funds are Ad Valorem taxes. GROWTH MANAGEMENT IMPACT: The ditch enclosure project is in accordance with the goals and objectives of the Drainage Sub-element of the Growth Management Plan for Collier County Stormwater Management. RECOMMENDATION: That the Board of County Commissioners: (1) Award bid number 04-3612 to Douglas N. Higgins Inc., for Immokalee Florida Specialties Ditch enclosure ~ -- [6~ ~-- (2) Authorize the Chairman to sign the standard, County Attorney approved contracl Executive Summary Immokalee Florida Specialties Ditch Enclosure Page 2 of 2 Peter S. Hayden, Project Manager Stormwater Management Section REVIEWED BY: /~~ ~~ REVIEWED BY: St~ph~n'tY- Car~ll, Director APPROVED BY: Purchasi~ Trans1 !)q~Department ?eder, Administrator ~rtation Division Date: Date: Attachments: Bid Tab AGENDA ITEM ~AR 2 3 200~ ~ 0 0 0 -- -- ~ -- ~ ~ I 0 0 0 0 0 0 ~ 0 [ 0I 0 0 -- -- R 2 3 200~l EXECUTIVE SUMMARY RECOMMENDATION TO APPROVE SELECTION OF QUALIFIED FIRM AND AWARD THE SECOND PROJECT UNDER ITQ 04-3583 "CEI SERVICES FOR COLLIER COUNTY ROAD PROJECTS" FOR THE VANDERBILT BEACH ROAD PROJECT, NO. 60351. OBJECTIVE: To engage professional Construction Engineering and Inspection (CEI) Services from highly qualified ill-ms for upcoming Collier County Road Projects in a cost effective manner. CONSIDERATIONS: On October 29, 2003, the County published an Invitation to Qualify (ITQ) to provide CEI services for upcoming County. road projects in accordance with Florida Statute 287.055, Consultant Competitive Negotiation Act. Invitations to Qualify (ITQ) were sent out to 166 engineering fu-ms, 25 vendors requested full proposal packages and 12 responded to the proposal. A selection committee reviewed the 12 proposals that were received by the due date of November 21, 2003 and by consensus short-listed 9 firms as qualified to receive subsequent ITN (Invitation to Negotiate). The second ITN were issued on January 7, 2004 with a deadline for response of January 30, 2004 for Project 60351 Vanderbilt Beach Road Project (consisting of six lane road construction, utilities, sidewalks and bike lanes). A Selection Committee meeting was held on March 3, 2004, and by consensus, Aim Engineering & Surveying, Inc., Consul-Tech Construction Mgmt., Inc., Wilson Miller, Inc., and HD1L Inc. were ranked as follows: Project: Vanderbilt Beach Road 1. Aim Engineering & Surveying, Inc. 2. Consul-Tech Construction Mgmt., Inc. 3. Wilson Miller, Inc. 4. HDR, Inc. Staff is requesting authorization to negotiate a Professional Services Agreement with the top ranked firm, and if necessary, to negotiate with the second and third choice. .(~ FISCAL IMPACT: There is no fiscal impact associated with this Executive Summary. GROWTH MANAGEMENT IMPACT: This project is consistent with the County's Growth Management Plan. RECOMMENDATION: That the Board of County Commissioners approve the short list and authorize staffto negotiate a contract with the top ranked fu'm as addressed in this summary. AGENDA ITEM No. 2 3 200 Pg. PREPARED BY:///~.~..~(~ ~J~ ~. Thc~rpe, P.E. REVIEWED BY: Prin~.~M/anager Gr~:gg R. Straka~, P.E., Director T.E.C.M.D. Steve Camell, Purcha~g/General Services APPROVED BY: No~ lan E. ~d~r~-AICP Adh nistrator, Transportation Division DATE: DATE:(,. DATE: DATE: AGENDA ITEM ~AR 2 3 200~ EXECUTIVE SUMMARY RECOMMENDATION TO APPROVE SELECTION OF QUALIFIED FIRM AND AWARD THE FIRST PROJECT UNDER ITQ 04-3583 "CEI SERVICES FOR COLLIER COUNTY ROAD PROJECTS" FOR THE 13TM STREET SW PROJECT, NO. 69068. OBJECTIVE: To engage professional Construction Engineering and Inspection (CEI) Services from highly qualified firms for upcoming Collier County Road Projects in a cost effective manner. CONSIDERATIONS:.. On October 29, 2003, the County published an Invitation to Qualify (ITQ) to provide CEI services for upcoming County road projects in accordance with Florida Statute 287.055, Consultant Competitive Negotiation Act. Invitations to Qoa!ify (ITQ) were sent out to 166 engineering firms, 25 vendors requested full proposal packages and 12 responded to the proposal. A selection committee reviewed the 12 proposals that were received by the due date of November 21, 2003 and by consensus short-listed 9 firms as qualified to receive subsequent ITN (Invitation to Negotiate). The first ITN were issued on January 7, 2004 with a deadline for response of January 30, 2004 for Project 69068 13th Street SW. One firm responded with a proposal. (consisting of improved drainage, pavement reconstruction, sidewalk and traffic calming devices). A Selection Committee meeting was held on March 3, 2004, and by consensus, HDR, Inc. was selected for the project. Project: 13th Street SW 1. HDR, Inc. Staff is requesting authorization to negotiate a Professional Services Agreement with the only ranked firm. FISCAL IMPACT: There is no fiscal impact associated with this Executive Summary. GROWTH MANAGEMENT IMPACT: This project is consistem with the County's Growth Managemem Plan. RECOMMENDATION.' That the Board of County Commissioners approve HDR, Inc. as the only ranked firm and authorize staff to n~gotiate a contract with HDIL Inc. as addressed in this summary. ...... ~'~-E N DA LTEM. ,~o .... /6'~7¥ MAR 2 3 200~ Pg., PREPARED BY: ~Thorpe~ P.E. REVIEWED BY: Prin~,,al~t ~ger Gregg R. Strakaluse, P.E., Director T.E.C.M.D. D t Purchas/~ng/Ge,neral Services Norn~ E. l~eder, AICP Ad~rator, Transportation Division DATE: DATE: DATE: DATE: ~AR 2 3 200~ EXECUTIVE SUMMARY REQUEST THE BOARD OF COUNTY COMMISSIONERS TO AUTHORIZE CERTAIN DESIGNATED COUNTY TRANSPORTATION OFFICIALS TO CERTIFY DISBURSEMENTS TO THE FLORIDA DEPARTMENT OF TRANSPORTATION; REPEALING AND SUPERSEDING RESOLUTION NO. 2002-477 OBJECTIVE: To obtain Board approval of a Resolution authorizing certain designated County Transportation Officials to certify disbursements to the Florida Department of Transportation repealing and superseding Resolution No. 2002-477 CONSIDERATIONS: Resolution No. 2002-477 is currently in place to allow for signatures on the monthly progress submittals to the Florida Department of Transportation (FDOT) for reimbursements for services provided to FDOT by Collier County Transportation. This resolution is being updated to remove staff that is no longer with Collier County and to add additional staff names to the list of authorized signatures for these progress payments. FISCAL IMPACT: None GROWTH MANAGEMENT IMPACT: None. RECOMMENDATION: That the Board of County Commissioners approve a Resolution authorizing certain designated County Transportation Officials to certify disbursements to the Florida Department of Transportation repealing and superseding Resolution No. 2002-477. PREPARED BY: APPROVED BY: _ ~6A-4'TL O,~x Date: Sharon Newman, T~ation(~/~~/-~ Accounting SupervisOrDate: NAd~ini~rn~stEr~toF¥5~?anAslpCoPrt~ttion Services Division AGI~I~DA ITEM No._:/~ MAR 2 3 2004 RESOLUTION NO. 2004-__ A RESOLUTION BY THE COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AUTHORIZING CERTAIN DESIGNATED COUNTY TRANSPORTATION OFFICIALS TO CERTYFY DISBURSEMENTS TO THE FLORIDA DEPARTMENT OF TRANSPORTATION; REPEALING AND SUPERSEDING RESOLUTION NO. 2002-477 WHEREAS, agreements exist between the Collier County Board of County Commissioners (Board) and the State of Florida Department of Transportation (FDOT), which agreements require ongoing approval of monthly progress payments to parties identified in the agreements; and WHEREAS, FDOT has advised County staff that adoption of a Resolution by the Board specifically authorizing certain designated County staff to sign documents authorizing process payments is acceptable to the FDOT; and WHEREAS, it is the intent of the Board that the County staff persons identified below, who presently hold the title and position set forth below, as well as their successors to the titles and positions set forth below, be delegated the authority to approve and execute on behalf of and in the name of the Board, certifications of disbursements; and WHEREAS, this Board authorization shall remain in full force and effect, and the FI)OT shall be entitled to rely upon this authorization until u. fitten notice of modification, rescission, or revocation has been provided to the State Utility Engineer of the FDOT. No such modification, rescission, or revocation shall, in any event, be effective with reqpcct to any' certifications of disbursements provided by the County to FDOT prior to notice of such modification, rescission, or revocation to the FDOT as specified above. NOW, THEREFORE, BE 1T RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORDA, that the County staff persons identified elow, who presently AGENDA ITEM~.,~ hold the title and position set forth below, as well as their respective succes or~:o~ the tit~es .4~1~ IMAR 2 3 20l) positions set forth below, are hereby delegated the authority to approve and execute on behalf of and in the name of the Board, certifications of disbursements: Name of Representative Norman Feder Title of Representative Transportation Administrator Approved to Sign Certification of Disbursements John Vliet Interim Director, Road Maintenance Certification of Disbursements Sharon Newman Transportation Accounting Supervisor Certification of Disbursements BE IT FURTHER RESOLVED, that Resolution No. 2002-477 is hereby repealed and superseded in its entirety. This Resolution is not hereby intended to confer discretionary authority on anyone other than the Board of County Commissioners. THIS RESOLUTION ADOPTED after motion, second, and majority vote favoring same this day of , ,an~ ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COU~WTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: BY: , Deputy Clerk COMMISSIONER DONNA FIALA, Ap~)rove Jeffrey g Assi[tar~ t a~ to form ncy[_ Klatzkow ',ounty Attorney AGENDA ITEM_ ;XtCtJT StrMMARy BOARD APPROVAL OF ADOPT-A-ROAD PROGRAM AGREEMENTS AT THE BOARD OF COUNTY COMMISSIONERS MEETING ON MARCH 23, 2004 OBJECTIVE: To approve for execution by the Board of County Commissioners Agreements signed by the volunteer groups of certain adopted roadways under the Collier County Adopt-a- Road program. CONSIDERATIONS: that the volunteer groups so named be recognized as the sponsors of the particular segments of roadway named in the Agreements, to perform litter removal in accordance with instructions contained in the Agreement. (~_ISC~ IMPACT: The cost of a roadside sign at either end of the roadway segment listing ~' ~ v-"~l~t"~er ~ ~ks sponsor and responsible for keeping the area free of litter. The cost of these signs is $75.00 per sign and taken from Ftmd 101,Cost Center 163620. RECOMMENDATION: That the Board of County Commissioners recognize the volunteer groups listed on the Agreements as the sponsors of the listed roadways and the Chairman execute the Agreem.ents-o~ behalf of Collier County. Margaret l~mos, Ado~pt-a-Road Coordinator Transportation Maintenance ~-J'6'hn Vlij¢'] Intrerim Dir~/Roa~. ~ntenance Approved by: ' [,~t')~_2 NormA"'~. l~ter, Administrator Tran!portation Division Date: ...~.~,_oc~ ),,'' Date: Date: AGENDA ITEM MAR 2 3 200 COLLIER COUNTY ADOPT-A-ROAD PROGRAM AGREEMENT Terms and Conditions THIS COLLIER COUNTY ADOPT-A-ROAD AGREEMENT entered into this day of ,2004, by and between Collier County, through its Transportation Road Maintenance Department, hereinafter called the "COUNTY", and the volunteer group, ANCHOR HEALTH CENTERS (heinafler called the "GROUP"). WITNESSETH: WHEREAS, the COUNTY and the GROUP recognize the need and desire for litter-free roads, and enter this Agreement to permit the GROUP to contribute toward the effort of maintaining a litter-free Collier County. WHEREAS, by signature below, the GROUP agree to adopt the segment of roadway known as Orange Blossom Drive from Airport Road to Livingston Road and acknowledges the hazardous nature of picking up litter, and agrees to the following terms and conditions: THE GROUP SHALL: set up dates and times for their safety meetings. 7. Remove litter during good weather conditions only. 8. The GROUP shall perform litter-pick-up on one side of the road at a ti 9. Remove litter during daylight hours only. i. Participants in the GROUP agree to obey a,~d abide hv all law'~ and ~cimJng to safety on a particular adopted roadway section. 2. Perfo,wn litter removal on the Adopted Roadway Section in ~ ~ ~ccordance with the Florida Department of Transportation's Accident prevention Manual, Safe Field Practices, the Florida Manual on Uniform Traffic Control Devices (, 4~j T,~D~, and the Florida Department of Transportation Desig-n Roadway and Standard * ~ m~cx 601 and 602 (610 for interstate), ail of which by this reference are incorporated herein Only allow such person to participate as are determined by the GROUP to be responsible enough to safely participate in litter removal activities. Participating youths must be at least 14 years of age and the GROUP shall provide at least one adult supervisor ~br every 5 youths, ages 14-17, who is participating in the litter removal activity. There shall at all times be at least one person 18 years of age or older who is generally responsible for supervising all litter removal activities. 4. Not bring persons to observe the activity if the person is under the age of 14 and is not an official participant. 5. The GROUP shall conduct at least two safety, procedure meetings per year for its participating members. Participants must sign a hold harmless Agreement, and attend a safety meeting conducted by the GROUP before participating in a cleanup activity pursuant to this Agreement. 6. Shall have the responsibility to call the Collier County Adopt-a-Road contact and MAR 2 3 200 10. Not pick up litter at construction sites, in tunnel or on median. 11. The GROUP shall park all vehicles well clear of the adopted roadway and at least 20 feet from the edge of the payment. 12. The GROUP hereby adopts a section of road at least two miles long for a two- year period, and pick up litter a minimum of once monthly. 13. The GROUP shall be required to pick up all litter when the appearance of the adopted roadway section is objectionable. 14. The Group shall obtain required supplies and material from the County. 15. Traffic Control signs supplied by the COUNTY will be placed by the GROUP during trash pickups. 16. The GROUP participants shall wear COUNTY supplied and approved safety vests while on the road right-of-way. 17. Ensure that all participants wear safety vests at all times during the litter removal activity. The local maintenance office should be contacted to obtain safety vests, traffic control signs and liner collection bags m least five (5) days prior to litter removal activity and return the same when activity is complete. 18. Not wear clothing, which will hinder the sight of participants. 19. The GROUP shall coordinate pickup details with the County's project coordinator at least one week prior to a pickup. 20. The GROUP shall place filled trash bags at the adopted site sponsor signs for pickup and disposal by the COUNTY as soon as possible thereafter. 21. After each pickup, the adopting GROUP coordinator will file a report detailing the number of people involved, number of baos of' litter collected, comr~osition and ............... ~ ...... ,~ ..~c.~:m~ and hours ~ ~ ..... ~ ~e-pn,ted lbrms will be furnished by the COUNTY for ,,,-Uno the reports and ~'~ --'~' ...... - - >,oa~ oe i,eo w,~tn the COUNTY project coordinator. 22. The GROUP is encouraged to separate recvclable materials. All proceeds from redemption ~" ...... .... , ...... mat~..a.s o.m, ~,ccume the property of the organization, which -.,~ volunteer group represents. 23. Unused .~ ......... ~ ,~,u ~upphes fm'nished nv the COUNTY shall (1) be returned to the COUNTY w.. ithin two ........ ~o ~o.o wing cleanup or, (2) with COUNTY Coordinator's permission, be retained by the GROUP during Agreement period. THE COUNTY SHALL: 1. Provide safety vests, trash-bags, pick-up sticks and traffic control signs. 2. Provide GROUP with outline pertaining to safety regulations. 3. Remove the filled trash-bags as soon as possible after the pickup. 4. Remove litter from the adopted section only under unusual circumstances, i.e. to remove large, heavy or hazardous items. 5. Construct and place a roadside sign stating that the GROUP is responsible for keeping the area free of litter. If, in the sole Judgment of the Countv Project Coordinator, it is found that the adopting GROUP is not meeting the terms ahd conditions of this Agreement. the The adopting GROUP may also, upon 30 days notice, terminate this Agreement 5t~h.e~i~l~l~A ITI~I~ longer able to meet the terms and conditions of the Agreement. In this even tlt~.~ /.fi. ',_~r3 --~ ~AR 2 3 200~ GROUP is responsible for immediately returning all County-owned materials to the County project coordinator. The COUNTY recognizes the GROUP as the adopting organization for the section of road known as Orange Blossom Drive from Airport Road to Livingston Road and the GROUP accepts the responsibility of picking up litter on this section of road and promoting a litter-free environment in the community for a period beginning February 1, 2004 and ending January 31, 2006 (minimum of two years). The GROUP covenants and agrees that it will indemnify and hold harmless Collier County and ifs officers, agents and employees from any claim, loss, damage, cost, charge or expense arising out of any act, neglect or omission by the GROUP or by any person performing litter removal as part of the GROUP during the performance of the Agreement whether direct or indirect, and whether to any person or property to which Collier County or said parties may be subject, except that neither the GROUP nor any of its ,,members shall be liable under this provision for damages arising out of injury or damage to persons or property directly caused or resulting from the sole negligence of Collier County, and its officers, employees or agents. The Agreement shall remain in effect until terminated. Collier County or GROUP may terminate this Agreement for any reason upon 30 days notice. This Agreement is for litter removal activities only. No beautification activities are authorized by this Agreement. ~ WIqq'4ESS WHEREOF, the Parties have caused this Agreement to be duly ~¥ ..... ,~.~' oo ~.r ~.~ .~.~ and year written above COUNTY: ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS OF COLLIER COL~-NTY, FLORiDA By: By Deputy Clerk DONNA FIALA, Chairman AGENDA ITEM,, No., /'9 MAR 2 3 200 Pg. GROUP: ~ . ~ ,~, r~ ". / ] ii'resident Group's Pre, sident (print)[-3 Group's Adopt-A-Road Chairhaa~ (print) Group's Adopt-A-Road Chairman's Address Phone # (day) Phone # (night) Approved as to form and legal sufficiency: Jacqueline Hubbard Robinson ,Assistant County Attorney No.A~ MAR 2 3 200t~ COLLIER COUNTY ADOPT-A-ROAD PROGRAM AGREEMENT Terms and C ~nd~t~ons THIS COLLIER COUNTY ADOPT-A-ROAD AGREEMENT entered into this . ~ day of ~,) aC.. ,2004, by and between Collier County, through its Transportation Road Maintenance Department, hereinafter called the "COUNTY", and the volunteer group, GLADES REALTY AND CAPTAIN I-tROCK (heinafler called the "GROUP"). WITNESSETH: WHEREAS, the COUNTY and the GROUP recognize the need and desire for litter-free roads, and enter this Agreement to permit the GROUP to contribute toward the e~2%rt of maintaining a litter-free Collier County. WHEREAS, by signature below, the GROUP agree to adopt the segment of roadway known as BURNS LAKE ROAD from US 41 to CYPRESS TOWER ROAD and acknowledges the hazardous nature of picking up litter, and agrees to the following terms and conditions: THE GROUP i. Participants in the GROUP agree to obey and abide by all laws and regulations ,c~t~n= to safety on a particular adooted roadway qeo~ion Pe~o~ litter removal on the Adopted Roadway Section m accordance ~th the Florida Depa~ment of Transportation's Accident ~revention Manual, Safe Field r~ct,~c~, the r~orma Manual on Unifom~ TraIUc Co,~trol Devices (~rTCD), and the Florida Department of Transpo~ation Design Roadway and St~dard Index 601 and 602 (6i0 for interstate), ali of which by this reference are inco¢orated herein. 3. Only allow such person to pa~icipale as are determined by the GROUP to be responsible enough to safely pa~icipate in liuer removal activities. P~icipating youths must be at least 14 years of age and the GROUP shall provide at least one adult supe~'isor for every 5 youths, ages 14-17, who is pamicipating in the liuer removal activin. There shall at all times be at least one person 1 g >'ears of age or older who is generally responsible for supe~ising all li~er removal activities. 4. Not bring persons to obsem, e the activi~ if the person is under the age of 14 and ,~ not ~ official p~icipant. 5. ~e GROUP shall conduct at least two safety procedure meet~gs per ye~ for its p~icipating members. P~icip~ts must sign a hold ha~less A~eement, ~d a~end a safety meeting conducted by the GROUP before pa~icipating in a cleanup activi~ pursuant to this Agreement. 6. Shall have the responsibility, to call the Collier County Adopt-a-Road con set up dates and times for their safety meetings. 7. Remove litter during good weather conditions only. g. The GROUP shall perform litter-pick-up on one side of the road at a time MAR 2 3 200~ 9. Remove litter during daylight hours only. 10. Not pick up litter at construction sites, in tunnel or on median. 11. The GROUP shall park all vehicles well clear of the adopted roadway and at least 20 feet from the edge of the payment. 12. The GROUP hereby adopts a section of road at least two miles long for a two- year period, and pick up litter a minimum of once monthly. 13. The GROUP shall be required to pick up all litter when the appearance of the adopted roadway section is objectionable. 14. The Group shall obtain required supplies and material from the County. 15. Traffic Control signs supplied by the COUNTY will be placed by the GROUP during trash pickups. 16. The GROUP participants shall wear COUNTY supplied and approved safety vests while on the road right-of-way. 17. Ensure that all participm~ts wear safety vests at all times during the litter removal -,.,',,Ly. ~ ne loom maintenance office should be contacted to obtain safety vests, traffic control simons and li~er ,~o&.,.,~,n bags at teast five (5) days prior to !i~er removal activity and return the same when activity is complete. 18. Not wear clothing, which will hinder the sight of participants. 19. The GROUP shall coordinate pickup details with the County's proiect coordinator at least one week prior to a pickup. 20. The GROUP shall place filled trash bags at the adopted site sponsor signs for pickup and disposal by the COUSJTY as soon as possible thereafter. 2 I. After each pickup, the adopting GROUP coordinator wil! file a rep,wt detailing ..... ,-,,,~,~, ,-~, p~up~e ~nvoived. number of baas of litter o[lected, composition and C o~timate of' ro~-volokl ..... :~T~ . ~-,-'.,~. ~ spe-'at. Pre-printed forms will be R-,mished by the cOi~NTV for makina :~-o reports .......... ~-~],~ should be Eied with the CO!.m!T¥' project coordinator. T}~ (~-~i~'_,i ?D is encouraaed to separate r. cv i~h' ' ' ............. , ~ .e.:c .... ]e materials All proceeds from redemption afroovoi-~hle ,-~,~,-,'olo M~._~l ..... . ................... ~,~ become me propertv of the oro_anization, which ..... ,,,-,-,~, ~,,~,up represents. ~_2. Unused ,,o,~.40~o ~ ~l-,pues ~rn~snec~ by the COUNTY shall (1) be returned to the COb?'4TY within two workdays following cleanup or. (2) with COUNTY Coordinator's pe .rm. ission, ['e ~,~,.,;..,~,4 .,-~ , · ............. by ~,c GROUP aurina Ageement period. THE COL~"4TY SHALL: 1. Provide safety vests, trash-ba~s, r)ick-up sticks and traffic control signs. 2. Provide GROUT with outline pertaining to safety regulations. 3. Remove the filled trash-bags as soon as possible'after the pickup. 4. Remove litter from the adopted section only under unusual circumstances, i.e. to remove large, heavy or hazardous items. ' 5. Construct and place a roadside sign stating that the GROUP is responsible for keeping the area free of litter. If, in the sole Judgment of the County Project Coordinator. it is found tha adopting GROUP is not meeting the terms and conditions of this Agreement, the ~he AGENDA ITEM N°-~~2._ MAR 2 3 200 Pg. 7 I COUNTY may terminate this Agreement. The COUNTY reserves the right to modify or cancel the program at any time. The adopting GROUP may also, upon 30 days notice, terminate this Agreement if they are no longer able to meet the terms and conditions of the Agreement. In this event, the GROUP is responsible for immediately returning all County-owned materials to the County project coordinator. The COUNTY recognizes the GROUP as the adopting organization for the section of road known as Burns Lake Road from U.S. 41 to Cypress Tower Road and the GROUP accepts the responsibility of picking up litter on this section of road and promoting a litter-free environment in the community for a period beginning March 1, 2004 and ending. February 28, 2006 (minimum of two years). The GROUP covenants and agrees that it will indenmify and hold harmless Collier County and ifs officers, agents and employees from any claim, loss, damage, cost, charge or expense arising out of any act, neglect or omission by the GROUP or by any person perfo.wning li~er removal as part of the GROUP during the performance o'f the Agreement whether direct or indirect, and whether to any person or property to which Collier County or said parties may be subject, except that neither the GROUP nor any of its members shall be liable under this provision for damages arising out of injury, or damage to persons or property directly caused or resulting from the sole negligence of Collier County, and its officers, employees or agents. The Agreement shall remain in effect until terminated. COllier County or GROUP may terminate this Agreement for any reason upon 30 days nolice. This Agreement is for litter removal activities only. No beautification activities are autho6zed bv this Agreement. LN WITNESS WHEREOF, the Parties have caused this Agreement to be dun executed as of the date and year written above COUNTY: ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: Deputy Clerk B.v. DONNA FIALA, Chairman AGENI~ ITEM,, No.,_ MAR 2 3 200 Pg. '~ GROUP: GRQU~LADES REAL TY~AND CAPTAIN BROC;K~ ~ ~ ( ~ '-' ~ ,President ·roup s President (print) Group's Adopt-A-Road Chairman (print) Group's Adopt-A-Road Chairman's Address ,.~.~-,~ ~::]qct ~.~q_ (~c~... ct~go Phone # (-day) Phone # (night) Approved as to form and legal sufficiency: Jacqueiine Hubbard Robinson zx3~13tal!t LDUYIt? Attorney AGENDA ITEM No._ .lC ~ MAR 2 3 200~ pg. ~' COLLIER COUNTY ADOPT-A-ROAD PROGRAM AGREEMENT Terms and Conditions THIS COLLIER COUNTY ADOPT-A-ROAD AGREEMENT entered into this day of ,2004, by and between Collier County, through its Transportation Road Maintenance Department, hereinafter called the "COUNTY", and the volunteer group, STAN'S IDLE HOUR SEAFOOD RESTAURANT (heinafier called the "GROUP"). WITNESSETH: WHEREAS, the COUNTY and the GROUP recognize the need and desire for litter-free roads, and enter this Agreement to permit the GROUP to contribute toward the effort of maintaining a litter-free Collier County. WHEREAS, by signature below, the GROUP agree to adopt the segment of roadway known as C.R. 892 from THE INTERSECTION OF S.R. 92 to GOODLAND and acknowledges the hazardous nature of picking up litter, and agrees to the following terms and conditions: THE GROUP SHALL: set up dates and times for their safety meetings. 7. Remove litter during good weather conditions only. 8. The GROUP shall perform litter-pick-up on one side of the road at a time. 9. Remove litter during daylight hours only. 1. Participants in the GROUP azree to~,,b,,,~,7 and abide by ail laws and .... relating to safety on a particular adopted roadway section. Perform litter removal on the Adopted Roadway Section m accordance with the Florida Department of Transportation's Accident prevention Manual, Safe Field Practices, the Florida Manual on Uniform Traffic Control Devices (MUTCD), and the Florida Department of Transportation Desig-n Roadway and Standard Index 601 and 602 (610 for interstate), all of which by this reference are incomoraled herein. 3. Only allow such person to participate as are determ}ned by the GROUP to be responsible enough to safely participate in litter removal activities. Participating youths must be at least 14 years of age and the GROUP shall provide at least one adult supervisor for every 5 youths, ages 14-17, who is participating in the litter removal activity. There shall at all times be at least one person 18 years of age or older who is generally responsible for supervising all litter removal activities. 4. Not bring persons to observe the activity if the person is under the age of 14 and is not an official participant. 5. The GROUP shall conduct at least two safety procedure meetings per year for its participating members. Participants must sign a hold harmless Agreement, and attend a safety meeting conducted by the GROUP before participating in a cleanup activity pursuant to this Agreement. 6. Shall have the responsibility to call the Collier County Adopt-a-Road contact and 10. Not pick up litter at construction sites, in tunnel or on median. 11. The GROUP shall park all vehicles well clear of the adopted roadway and at least 20 feet from the edge of the payment. 12. The GROUP hereby adopts a section of road at least two miles long for a two- year period, and pick up litter a minimum of once monthly. 13. The GROUP shall be required to pick up all litter when the appearance of the adopted roadway section is objectionable. 14. The Group shall obtain required supplies and material from the County. 15. Traffic Control signs supplied by the COUNTY will be placed by the GROUP during trash pickups. 16. The GROUP participants shall wear COUNTY supplied and approved safety vests while on the road right-of-way. 17. Ensure that all participants wear safety vests at all times during the litter removal activity. The local maintenance office should be contacted to obtain safety vests, traffic control signs and litter collection bags at least five (5) days prior to litter removal activity and return the same when activity is complete. 18. Not wear clothing, which will hinder the sight of participants. 19. The GROUP shall coordinate pickup details with the County's project coordinator at least one week prior to a pickup. 20. The GROUP shall place filled trash bags at the adopted site sponsor signs for pickup and disposal by the COUNTY as soon as possible thereafter. 21. After each pickup, the adopting GROUP coordinator will file a report detailing the number of people involved, number of bags of liner collected, composition and c~ttmate oi recycJame materials and hours spent. Pre-printed forms will be fiamished bv the COU2NTY fi~r making the reports and shouid be filed with the COL~Ty coordinator. ' ...... 22. The GROUP is encouraged to separate recyclable materials. All t)roceeds from .-,,e-.pt.on ._= .- 1 ~.1 n .... ' ' ' " Oi ,,.c,~c,a~,,e natcnms snan become the propeJD; of the oro~niTntion the volunteer group represents. 23. Unused materials and supplies ~rnished by the COUNTY shatl (1) be returned to the COUNTY within t-wo workdavs following cleanup or, (2) with COUNTY Coordinator's permission, be retai'ned by the GROUP during Agreement per/od. THE COUNTY SHALL: 1. Provide safety vests, trash-bags, pick-up sticks and traffic control signs. 2. Provide GROUP with outline pertaining to safety ,,.smalatm,s. 3. Remove the filled trash-bags as sbon as possible after the pickup. 4. Remove litter from the adopted section only under unusual circumstances, i.e. to remove large, heavy or hazardous items. 5. Construct and place a roadside sign stating that the GROUP is responsible for keeping the area free of litter. If. in the sole Judgment of the County Project C ' ' oor&nator, it is found that the adopting GROUP is not meeting the terms and conditions of this Agreement. the T] adopting GROUP may also, upon 30 days notice, terminate this A~reement if they ['e longer able to meet the terms and conditions of the Agreement. In-this event, the GROUP is responsible for immediately returning all County-owned materials to the County project coordinator. The COUNTY recognizes the GROUP as the adopting organization for the section of road knovm as C.R. 892 from the Intersection of S.R. 92 to Goodland and the GROUP accepts the responsibility of picking up litter on this section of road and promoting a litter-free environment in the community for a period beginning April 1,2004 and ending March 31, 2006 (minimum of two years). The GROUP covenants and agrees that it will indemnify and hold harmless Collier County and ifs officers, agents and employees from any claim, loss, damage, cost, charge or expense arising out of any act, neglect or omission by the GROUP or by any person performing litter removal as part of the GROUP during the performance of the Agreement whether direct or indirect, and whether to any person or property to which Collier County or said parties may be subject, except that neither the GROUP nor any of its members shall be liable under this provision for damages arising out of injury or damage to persons or property directly caused or resulting from the sole negligence of Collier County, and its officers, employees or agents. The Agreement shall remain in effect until terminated. Collier County or GROUP may terminate this Agreement for any reason upon 30 days notice. This Agreement is for litter removal activities only. No beautification activities are authorized by this Agreement. LN WITNESS WHEREOF, the Pa ;~ ~, .... rt,..~ ....... ,-.ameds this AgTeement to be duly executed as of the date and 3.'ear wqqtten above ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: By Deputy Clerk DONNA FIALA, Chairman II HAR 2 3 200 GROUP: GROUP: STAN'S IDLE HOUR SEAFOOD RESTAURANT n ~-~,//.b// ~ ~ ~ ,~__~esident Group's President (~rint) Group's Adopt-A-Road Chairman (print) rou~'s Adopt-A-Road ChMrm~n,S Address Phone # (day) 'Phone # ~night) Approved as *~ r^-m and legal sufficiency: Jacqueline Hubbard Robinson Assistant County ARomey AGENDA ITEM No.,~ I K~ MAR 2 3 200~ COLLIER COUNTY ADOPT-A-ROAD PROGRAM AGREEMENT Terms and Conditions THIS COLLIER COUNTY ADOPT-A-ROAD AGREEMENT entered into this day of .2004, by and between Collier County, through its Transportation Road Maintenance Department, hereinafter called the "COUNTY", and the volunteer group, ISLAND WALK HOME OWNERS ASSOCIATION (heinafter called the "GROUP"). WITNESSETH: WHEREAS, the COUNTY and the GROUP recognize the need and desire for litter-free roads, and enter this Agreement to permit the GROUP to contribute toward the effort of maintaining a litter-flee Collier County. .WHEREAS, by signature below, the GROUP agree to adopt the segment of roadway known as LOGAN ROAD from VANDERBILT BEACH ROAD to construction area and eventually IMMOKALEE ROAD when roadway is completed and acknowledges the hazardous nature of picking up litter, and agrees to the following terms and conditions: THE GROUP SHALL: ~JRGu~ a~rce to obey and abide by a!! laws and regulations , , ttc~pan[s in the relating to safety on a particular adopted roadway section. 2. Perform li~er removal on the Adopted Roadway Section in accordance with ~,~ Florida Department of Transpo~ation's Accident ~revention Manual, Safe Field Practices, the Florida Manual on UnilB~ Traffic Control Devices (MUTCD), and the Florida Depa~ment of Transportation Design Roadway and Standard Index 601 and 602 (610 c~ : · ~r ,,~era~ate), all of wmcn by this reference are inco¢orated herein. 3. Only allow such person to pa~icipate as ~e dete~ined by the GROL~ to be responsible enough to safely pa~icipate in bitter removal activities. Pa~icipating youths must be at least 14 years of age and the GROUP shall provide at least one adult supe~isor for eve~ 5 youths, ages 14-17, who is pa~icipating in the liRer removal activin. There shall at all times be at least one person 18 ye~s of age or older who is generally responsible for supervising all li~er removal activities. 4. Not bring persons to obse~'e the activi~ if the person is under the age of 14 and is not an official p~icip~t. 5. The GRO~ shall conduct at least ~o safe~ proced~e meetings per ye~ for its pa~icipating members. Pa~icip~ts must si~ a hold ha~less A~eement, and aRend a safety meeting conducted by the GROUP before pa~icipating in a cleanup activity pursuant to this Agreement. 6. Shall have the responsibility to call the Collier County Adopt-a-Road con set up dates and times for their safety meetings. 7. Remove litter during good weather conditions only. n rr u 2 3 8. The GROUP shall perform litter-pick-up on one side of the road at a time. 9. Remove litter during daylight hours only. 10. Not pick up litter at construction sites, in tunnel or on median. 11. The GROUP shall park all vehicles well clear of the adopted roadway and at least 20 feet from the edge of the pa3q'nent. 12. The GROUP hereby adopts a section of road at least two miles long for a two- year period, and pick up litter a minimum of once monthly. 13. The GROUP shall be required to pick up ail litter when the appearance of the adopted roadway section is objectionable. 14. The Group shall obtain required supplies and material from the County. 15. Traffic Control signs supplied by the C()UNTY will be placed by the GROUP during trash pickups. 16. The GROUP participants shall wear COU~NTY supplied and approved safety vests while on the road right-of-way. ..... sur,~ ,l,~t participants wear safety ~ ests at ail times during the litter removal activity. The local maintenance office s;hottl.,i be contacted to obtain safety vests, traffic control signs and litter collection bags at least five (5) days prior to litter removal activity and return the same when activity is complete. 18. Not wear clothing, which will hinder the sight of participants. 19. The GROUP shall coordinate pickup details with the County's project coordinator at least one week prior to a pickup. 20. The GROUP shall place filled ~rash ba(.z,s at the ~opt~'d ~;*,- s ....... signs for pickup and disposal by the COU?gTY aq '<,-m :~q possible thereafter. auoptmg t_,l~.t~,t ,,- cooromator will file a report detaiiino the number of people involvod . .... ~... ~ct, a,~,< ..c ,:,~=_ col!ceded. estimate ofrecvciabio materials and hours ~pent. o · ~ . , - - --- , re-printed fom~s will be mrnmhea by the COU~NTY tbr making the reports and should be filed with the COUNTY project 97 The GROUP is encouraaed to ~n.~,~-o · ~ ma~,.~ls. Ail proceeds from ~a~,~p,;,,n .~,o ......;~'~ materials -~ "' ....... ~,~n,.,.~t~on. which the volunteer oroup repr~q~ntq 23. Unused materials and supplies furnished by the COUNTY shall (1) be returned to the COUNTY within two workdays fo!lowi~,o o!e~,.,p or, (2) · Coordinator's permission, be retai~ned bv the 7iR()UP during Agreement period. THE COUNTY SHALL: !. Provide safety vests, trash-bags, pick-up sticks and traffic control signs. 2. Provide GROUP with outline pertaining to safety regulations. 3. Remove the filled trash-bags as soon as possible alter the pickup. 4. Remove litter from the adopted section only under unusual circumstances, i.e. to remove large, heavy or hazardous items. 5. Construct and place a roadside sign stating that the GROUP is responsible keeping the area free of litter. If, in the sole Judgrnent of the County Project Coordinator. it is found that adopting GROUT is not meeting the terms and conditions of this Agreement, the COUNTY may terminate this Agreement. The COUNTY reserves the right to modify or cancel the program at any time. The adopting GROUP may also, upon 30 days notice, terminate this Agreement if they are no longer able to meet the terms and conditions of the Agreement. In this event, the GROUP is responsible for immediately returning all County-owned materials to the County project coordinator. The COUNTY recognizes the GROUP as the adopting organization for the section of road known as Logan Blvd. from Vanderbilt Beach Road to construction area and eventually to Immokalee Road when roadway is completed and the GROUP accepts the responsibility of picking up litter on this section of road and promoting a litter-free environment in the community for a period beginning March 1, 2004 and ending February 28, 2006 (minimum of two years). The GROUP covenants and agrees that it will indemnify and hold harmless Collier Count5' and ifs officers, agents and employees from any claim, loss, damage, cost, charge or expense arising out of any act, neglect or omission by the GROUP or by any person performing litter removal as part of the GROUP during the performance of the Agreement whether direct or indirect, and whether to any person or property to which Collier County or said parties may be subject, except that neither the GROUP nor any of its members shall be liable under this provision for damages arising out of injury or damage to persons or property directly caused or resulting from the sole negligence of Collier County, and its officers, employees or agents. The Agreement shall remain in effect until terminated. Collier County or GROUP ~,~,, ............. , .,,j ,,~.~o,, upon da'~ This Agreement is for litter removal activities o,.~!v. No beau!ifica!ion ac!ivi!ies are authorized by this Agreement. n,~x~t~,TN ~.SSrr: WHEREOF, 'the PaNics have ca~,<ed this ~', greoment to he 4,,~,, ¢xccu~.d as of the date and >.'ear written above COUNTY: ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: Deputy Clerk By. DONNA FIALA, Chairman GROUP: GROUP: ISLAND WALK ~IOME OWNERS ASSOCI ~ BY: _/~..~fl~O~¢~ !~~~ ,President Group's President (print) Group's Adopt-A-Road Chairman (print) Group'sAdopt-A.Road "~* ' '; ' ' ~ ~namrman's Address Phone # (day) Phone # (night) Approved as to form and legal sufficiency: Jacque!ine Hubbard Robinson Assistant Countv Attorney AO~NDA ~ MAR 2 3 200Q ~'~._ 17 ~ EXECUTIVE SUMMARY APPROVE SETTLEMENT AGREEMENT AND RELEASE TO REMEDY DRIVEWAY ACCESS ISSUES TO ALLIGATOR ALLEY MOBIL GAS STATION RESULTING FROM THE DAVIS BOULEVARD (S.R. 84) INTERSECTION IMPROVEMENTS AT COLLIER BOULEVARD (C.R. 951), COUNTY PROJECT NO. 60170, BID NO. 03-3501. FISCAL IMPACT: NOT TO EXCEED $63,972.42 ($31,835.90 TO BE REIMBURSED BY PROPERTY OWNER). OBJECTIVE: To obtain approval from the Board of County Commissioners of a Settlement Agreement and Release and authorization for a Change Order to remedy driveway access issues at the Alligator Alley Mobil Gas Station resulting from the Davis Boulevard Intersection Improvements Project at Collier Boulevard. CONSIDERATION: On September 9, 2003, the Board of County Commissioners awarded a construction contract to APAC-Southeast, Inc., for the Davis Boulevard Intersection Improvement Project at Collier Boulevard. The project was part of a Local Agency Program (LAP) Agreement with the Florida Department of Transportation (FDOT) in which the FDOT would reimburse the County for construction costs of the project. The intersection improvements include pavement widening, turn lane construction, reconstruction of existing traffic signals and median improvements. The work also included the removal of an existing driveway to the Alligator Alley Mobil Gas Station that was located within 30 feet of the Davis Boulevard/Collier Boulevard intersection. This driveway, installed decades ago prior to more aggressive access management standards, possessed a hazard to motorists passing through the intersection. The County's removal of this driveway, coupled with the concrete traffic separator placed along the center of Davis Boulevard, has made delivery of fuel supplies to the gas station difficult to the extent fueling trucks must back out onto Davis Blvd to exit the station. Staff has spoken with the property owner of the gas station, Art Lennox, to arrive at a safe method for access and egress by large fuel tracks to service the station. As a result of these discussions, staff and Mr. Lennox determined that an additional driveway to his site was necessary. Mr. Lennox, working with his site engineer, developed a Site Development Plan (SDP) that was submitted to Community Development and Environmental Services (CDES) for approval. CDES is in the process of finalizing the approval of the SDP at the time of this writing. While Mr. Lennox agrees that the intersection improvement project was necessary and in the best interest of the public, the closure of one of his driveways and the inclusion of the traffic separator in the project has resulted in adjustments to his site to maintain safe and proper access to his fuel tanks. In light of the above, staff recommends that the County pay approximately one- half of the construction costs required to remedy the driveway access issue resulting from the Davis Boulevard/Collier Boulevard intersection improvements. In order to effect this agreement with Mr. Lennox, the County has utilized Contract #02-3327, "Annual Contract for Roadway Contractors", to solicit quotes from three roadway contractors to determine the costs for th~ - - AGENDx~ I_T_EM No. t L~-~ .. MAR 2 Pg. / . required improvements at the gas station. Three quotes were received and the lowest quote was $63,972.42, and is summarized in the attached Work Order. Mr. Lennox has agreed to pay $31,835.90 of these costs and has provided a check written to the Board of County Commissioners in advance so that the County may process Work Order #BOC-FT-04-07 in the amount of $63,972.42 to Bonness, Inc. Any additional work associated with this Work Order will be the responsibility of the property owner. A signed Right of Entry document allowing access to the gas station site is also attached to this Executive Summary, which grants the county, and its agent, the right to enter onto the property and perform the improvements. A proposed Settlement Agreement and Release is also attached which memorializes the foregoing arrangement, indemnifies the County from any claims resulting from the construction of the driveway, and releases the County from any claims the property owner may have which relate to the closing of the driveway connection. FISCAL IMPACT: Funds in the amount of $32,136.52 are available in the project's Gas Tax Fund. Also, a budget amendment is required to recognize the $31,835.90 from the property owner and appropriate in the project. Source of funds are gas tax and property owner reimbursement. GROWTH MANAGEMENT IMPACT: The work authorized by this action of the Board of County Commissioners is designed to enhance the safety of the citizens and efficiency to motorists in the use of the Davis Boulevard/Collier Boulevard intersection, as well as, the remedy to cure driveway access issues to the Alligator Alley Mobil Gas Station located at same. Thus, the recommendation is consistent with the County's long range planning efforts. RECOMMENDATION: That the Board of County Commissioners of Collier County, Florida: 1. Approve the Settlement Agreement and Release and authorize the Chair to execute the agreement. 2. Authorize staff to receive Mr. Lennox's check in the amount of $31,835.90 and deposit into Transportation's budget. Upon receipt of Mr. Lennox's check and approval of his site development plan by the County, authorize the Transportation Administrator to sign Work Order #BOC-FT-04-07 for Bonness, Inc. 4. Approve the necessary budget amendments. Dale A. Bathon, P.E., Principal Project Manager Transportation Engineering and Construction Management Ellen Chadwell, Assistant County Attorney County Attorney's Office APPROVED BY: Gregg RTStra~kaluse, P.E., Director Transport~on Engineering and Construction Management ¥/ APPROVED BY: ! Normar)/Feder, ~l(~P, Administrator rrans;rtation Services Division DATE: ~f/~R 2 3 200~ - SETTLEMENT AGREEMENT AND RELEASE This Settlement Agreement and Release ("Agreement and Release") is entered into and made on this }'7,,~' day of lq/X,zc.~q 2004 by and between A.L. Petroleum, Inc., ("Owner"), a Florida corporation, and Collier County, Florida (the "County"), a political subdivision of the State of Florida. WITNESSETH: WHEREAS, on September 9, 2003, the County awarded a construction contract to APAC-Southeast, Inc., for the Davis Boulevard Intersection Improvement Project at Collier Boulevard as part of a Local Agency Program Agreement (LAP) with the Florida Department of Transportation (FDOT); and WHEREAS, as part of the intersection improvements approved by FDOT, a driveway to the Alligator Alley Mobil Gas Station, owned by Owner and which was located within 30 feet of the Davis Boulevard/Collier Boulevard intersection was closed; and WHEREAS, Owner asserts that as a result of the closure of said driveway, delivery of ~u,., to the gas st:~tlon has oeen adversely" s,,.~i~,leS .... m,pactcd, and WHEREAS, Owner has proposed that the construction of an additional driveway on the Owner's adjacent property, as show~ in the attached Exhibit "A," would eliminate these impacts and provide safe and efficient access to fuel tanks at the gas station; and WHEREAS, the O..v~__er and the County have agreed to share the construction costs of the'additional driveway under the terms and conditions set forth herein and in an aggregate amount not to exceed $64,000; and WHEREAS, Owner and the County, without admitting any liability or fault by either of them, nevertheless recognize the cost and uncertainties of potential litigation and now desire to fblly and £mally resolve any and all claims, known or unknown, asserted or that could have been asserted by Owner against the County and FDOT, including but not limited to all claims for damages, inverse condemnation, equitable relief, attorney's fees, costs, or expenses of any kind ,whatsoever, that relate in any way to or arise directly or indirectly from the County's closure of -~ WHEREAS, the Cour~ ~-n~as-~hit c'0r~r~zti°n resolving these claims serves a public purpose and that authorizing a work ord Inc., is in the best interest of the public; and MAR 2 3 2004 WHEREAS, Owner and the County desire to reduce their settlement of all claims that could have been asserted or that relate in any way to or arise directly or indirectly from the County's closure of Owner's driveway to a writing that is binding on the parties and their respective predecessors, suCcesSors, heirs, assigns:, employees, former employees, current and former elected officials, officers, directors, ovmcrs, agents, representatives, attorneys, insurers, sureties and affiliates. NOW, THEREFORE, in consideration of the mutual covenants, pronfises and considerations set forth in this Agreement and Release, the sufficiency of which is hereby acknowledged, and with the intent to be legally bound, Owner and the County mutually agree to the following: I ~"-- fore ohng -~:'~ .......... ~ ........... ~= and are; ....... *-,~ by ~oco~e,~,-,- into this Agreement and Release. 2. Prior to the execution of this Agreement and Release by the County, Owner will provide the County with payment in the amount of $31,835.90 and a fully executed Right of Entry ha the form attached hereto as Exhibit "B." Receipt of payment and a properly executed terms and ~' ':,:~ of this Agreement and Release. 3. After receipt of funds and a properly executed Right of Entry as set forth above, the County will enter into Work Order -BOC-~, -O~t-0 ( with Bonness, Inc. (Exhibit "C"). in the ~:.:^~ ~._t.~,. driveway \~/111 amount of ........ which -'" provide tot ~.t!t!b~.! ,Actt~i! - O~er's property as shown id Exhibit "A.' The p~rties ~grce that constm¢fio~ o£ the driveway will comm~nc~ ~s soon possible ~cr thc c~ccfivc d~tc o~this Agreement and 5. Os~cr agrees to assume sole responsibility ~or thc removal, relocation or alteration o~ a bHlbo~d existing on thc property, and, ~n th~ cwnt O~cr dcs~cs to take ~ ~cfion rcg~ding th~ st~ct~c, O~cr will scb~duic an~ relocation or demolition activities so~ thc~ ~ completed prior to thc co~cnccmcnt o~ const~cfion. Except ~or ~ claim to c~orc~ th~ t~r~ and conditio~ of this Agreement ~d ..... ~a~nC~-on_ b~i~ffitscff~;~crs~ d~cct~;::Succ~sS°~s~:pr~ece~0rs~ he~s ~signs~ shall~-~ ~reby ~o~ ~]1~ finallY and uficbnditionally t~l~a~e~ a~( ~i~~?~ satisfy and forever discharge the County and the Florida Department of Transpm successors, assigns, employees, elected officials and agents, fi.om any and all mann of action, suits, debts, claims, damages, liabilities, losses, costs, attorney's fees, e> ation~ir2 3 20011 r of causes r) ei~% ~nd ~'~ judgments, whether legal or equitable and whether known or unknowrt, which Owner has or may have against the County or FDOT, arising out of or relating in any way to the closure of the Owner's driveway and construction of the intersection improvements. 7. Owner agrees to indemnify, save, protect, defend and hold harmless the County, it successors, assigns, contractors, agents, employees and officers, fi.om any loss, claim, damages, injury, liability, debt or expenses claimed or asserted by any person or entity relating to or arising out of Grantee's construction of the proposed driveway over, across and upon Owner's land. 8. Owner and the County agree that this Agreement and Release, constitutes the entire agreement between them and that there are no other agreements, oral or written, relating in any way to any subject of this Agreement and Release. In this regard, Owner and the County agree that th/s Agreement and Release is the product of mutual negotiation and no doubtful or ambiguous term or provision hereof is to be construed more strictly against the party that drafted or prepared any specific term or provision of the Agreement and Release. This Agreement and Release supersedes and replaces all prior agreements and understandings with respect to the subject matter of this Agreement and Release. 9. This Agreement and Release shall be governed by the laws of the State of F!orida. 10. This Agreement and Release shall be binding upon the predecessors, successors, ~ransferees, affiliates, heirs, and assigns of Ov~aner and the County. 1 i. The effective date of this Agreement and Release shall be the date it is executed by the Chairman of the Board of County Commissioners of Collier County, Florida, as appears IqAR 2 3 200t IN WITNESS WHEREOF, A.L. Petroleum, Inc., and Col!?r County have entered into this Agreement and Release on the day and year first above written. DATED: ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA DONNA FIALA, Chairman A.L. PETROLEUM, INC. Printed/T.~ ped Name (2) AGENp~ I.T-E U No.. /~, /5,--l MAR 2 3 200~ Pg. FLORIDA SHORT-FORM INDIVIDUAL ACKNOWLEDGMENT (F.S. 695.25) ~~->~- ?~ . _ 1 STATE OF FL:Tm , The foreaoina instrument was acknowiedged before me this////?~,~'( (Type of identification) ~~ ~ ~ ~,~5 as identification. ' '( ' (Si~ture) /'~ ~/~// ~ ~~Z/~ ~ (Name of Nota~ typed, printed or stamped) (SEAL ABOVE) - A~ENTION NOTA"Y: Although me iptormation requested b¢ow is OPTIONAL, it could prevent fr~dulen~ a~achment of th~ceAificate to unauthorized d~. TO THE D ~ /- DESCRIBED AT RIGHT: Si her s) Other than Named Above ~~ ~ -__~ g ( _ . -~ u ( ~i~l,: tIIL!H.R i: BOC-FT-04-07 ,C.ntract ~ 2-3 ~7 Dated March ' _00_ .... ~gncd .e Ihmnuss, Inc. (':)tlStltlC~ driveway ol/lrallcc ii/ accoIdatlue vim 'it- .Feb..vi ~S as peparcd h2 . tic ',I~:tes. 5t,egts i- ~ dated F)ecen:t)cr 20(J3. revised Feorum-v ZOU4 --, : [ ' I m ; I [ : [ ~'03,972..12 \ssistant C )u_-n~ty ~ttorne,,,- .... AGENDA ITEM No._ /~'.~ '-'t-- MAR 2 3 Proposal 31812004 Subrmtted To: Addn~$s: Contact: Phorto: Coltier County Transporter/on Operations Dept 2705 Horseshoe Dr. S. Naples, FL 34104 Lynn Thorpe (239) 774-8494 Fax: (239) 659-5787 Bid Title: Uid Number' Proioct Location: Project City, State: Engineer/Architect: MoDil Station - Atligator Alley Davis Bird & 951 Naples. FL- Hole Montes Engineers, Planners. S Item No. Item Description Esumated Quantity Unit Unit Price Total Price 650.00 SY $9 55 $6,207.50 01 2" Asphalt (2 Lifts) 650.00 SY $4.17 $2,~'10.50 02 1" Asphalt 650.00 SY ST.00 $4,550.00 03 B" Limerock Base 04 12" Stabilized Subcjrade 690.00 SY $3.71 $2,559.90 1.00 L_S $3,416.64 $3,416.64 0.5 Repave existing driveway transition 1. ~, 00.00 CY $13.18 $14,498.00 06 Rea0 Fill 240.00 l F $9.48 $2,275.20 07' Typ~ "D" Curb 08 Remove Type "D" Curd 148.00 ', F $9.59 $1.419.32 09 Sod (Bahia) 1,215.00 -~Y $1.84 $2,235.60 0.34 ACRE ,$69,043.40 $23,474.76 10 Clearing 250.00 [ F $2.50 $625.00 1 ~ Silt Fence Total Bid Price: $63,972.42 Notes: payment Terms: Pa~e 1 of 2 Subject to prompt 3cceptance within 30 days and to all conditions stipulated on tho reverse side, we agree to furnmh mmerials and Jabot at the price(s) set fo~h above. Bonding is not included, if required p[ease add 1%. A ONE TIME final grade has been included. Final grade does not include the raking o~ removal of other trades debris or regrad[nq affe~ trenching by othe~s has Dean performed; I.E. UTS, FPL, c~ble or ~rngation. Permits, fees and te~bn9 by others. Removal and/or replacement of unsuitable materials (I.e. rock and/or mucK) below grade is not included. Proposal ba~ed on the plans by Hole Montes, sh~ts 1 & 2 datecl 12103, last revision 02104. NO blank utility casings. ' Fill priang contingent upon availability of material. ' Fuel tank vents/services, telephone, aidwater, vacuum and electric Dox removed/relocated by others. ' Irrigation system Dy others_ * Landscaping and seed by othor~. ' Heavy duty manholes by others. · This is e unit price bid. ' Exotics removed by others. Payment due within 30 days of date of invoice, regardless of when payment is made by EXHIBIT Page_ ~. of MAR 2 3 2004 Pg. ~ ~AR 23 200~ EXHIBIT c. Page~~ ACCEPTED: The a~ove prices, specifications and concl~fions @f~ ~;atL~f3clory a~ are ~emDy ac~p~ ~uyer Signature Dat~ ot A¢c~'pt~nc~ CONFIRMED: I~onness Inc. ~5~g~lature ~.~ ---~'~'~-'-'"~':_._ '~ -~~ L__I AGENE)A.LTEM L. j ~t3J_l '~CIN3E)¥ RIGHT OF ENTRY KNOW ALL MEN BY THESE PRESENTS that A.L. PETROLEUM, INC,, a Florida corporation, whose mailing address is 8900 Davis Boulevard, Naples, Florida 14104, (hereinafter relerred to as "Grantor"), for and in consideration of Ten Dollars ($10.00) and other valuable consideration to it in hand paid, the sufficiency of which is hereby acknowledged, does hereby grant unto COLLIER COUNTY, a political subdivision of the state of Florida (hereinafter "Grantee"), the temporary license and right to enter upon the lands of the Grantor, more particularly descnbed as portions of Tracts One and Two, Gator Gate Unit No. 2, according to the plat thereof recorded in the public records of Collier County, Florida, in Plat Boo~ 7r Page 54, as shown on Exhibit "A' (a~ached hereto and made a pad hereof) for a period of erie (1) year from the date hereof, for the express purpose of construcling a new asphalt driveway (as iiustrated in Exhibit "A") serving Grantor's Mobil Service Station located at the southwest 3orner of the intersection of Collier E~ou!evard and Davis Boulevard, together ,vith the rignl to enter upon said property and excavate, remove, fill, store, deposit, and/or stcckpile such materials as shall be required to construct said driveway, The rights and interest conveyed bereunder are conditioned upon the reasonable exercise thereof by Gram, ee. Grar:lee egrees not to unreasonably interfere with Grantor's use of the lands described in Ex,~ibit "A". In recognition of the benefits to be received by vidue of Grantee's proposed use of the la,'~ds, Grantor hereby grants tbis right of-entry for the stated purposes, on the terms and conditions set torth herein, said terms including that no compensation shali be due and payable to Grantor, and fudher .eleases and holds Grantee harmless from any claims, rights, actions, losses, damages, costs or expenses incurred or asserted by Grantor, arising out of or reiated in any way to the closing of Granlor:s driveway as part of the intersection :mprovements and as indicated on Exhibit 'A." Grantee shall mainlain access to Grantors lands during the period of construction of the road, utility and drainage improvements to Davis Boulevard Grantor sha!t indemnify., save, erotect and hold harmless the Graf',tee against any loss. damage, miur'i, debt or e×pense claimed or asserted by any person or entity arising cut of Grantee's construction of ~.he driveway over, across and upon Grantor's iands. IN WITN~_SS WHEREOF, the Grantor has caused Ihese presents to be executed in its name this ~_~" day of ~""~ ,2004. W~esses: , A.L PETRO~_~___UM, iNC. a Florida corporabon (Print Full Name) STATE OF FLORIDA COUNTY OF COLLIER Acknowledged before me this ~-%y of ~/~ 2004 by ARTHUR LENNOX on beha f of A L Pelto eum IRc ag its P'esfdent ~c mo or who did produce as ~. ~.~.~ ,~ ~ As identificali~. ~ ~~ ~. /Print Name of Notaw) My Commission Expires~2,, EXHIBIT BUDGET AMENDMENT REQUEST For Budget/Finance Use Only BAg ............................... JE# ................................. BAR# .............................. A.P.H. Date ....................... 313 Gas Tax Fund Number Fund Description Date Prepared: 03/12/04 Approved by BCC on: Attach Executive Summary Item No.: Expense Budget Detail Fund Center Title: Gas Tax Construction Fd Ctr No.: 163673 WBS Element Title: Davis & Collier Intersection Imp WBS No.: 601702 Provide the Fund Center or WB, element information; it is not required to provide both.) Fund WBS Commit Commitment Item Increase Current Revised Center Element Item Description (Decrease) 'l Budget Budget 163673 i' 601702 763i00 imp General ___ 3i,835.90 890,400 922,235.90 Net Change to Budget 31,835.90 Expense ~'" ouag~t Detail Fund Center Title: WBS Element Title: (Provide the Fund Center or WBS element information; it is not required to provide both.) Fund WBS Commit Commitment Item Increase Center Element Item Description (Decrease) Net Change to Budget Fd Ctr No.: WBS No.: Current Budget Revised Budget Expense Budget Detail Fund Center Title: WBS Element Title: (Provide the Fund Center or WBS element information; it is not required to provide both.) Fund Center Fd Ctr No.: WBS No.: WBS Commit Commitment Item Element Item Description Net Change to Budget Increase I Current Revised I (Decrease) / Budget Budget l ! g 2004 Revenue Budget Detail Fund Center Title: Gas Tax Construction Fd Ctr No.: 163673 WBS Element Title: Davis & Collier Intersection-Revenue WBS No.: 601703 WBS element information; it is not required to provide both.) Fund WBS C6mmit Commitment Item Increase Current Revised Center Element Item Description (Decrease) Budget Budget 163673 601703 369802 Reimbursement Current 31,835.90 0 31,835.90 Yr Net Change to Budget 31,835.90 EXPLANATION Why are funds needed? Funds are needed to pay portion of the cost for this project. Customer reimbursing the county for portion. Where are funds available? Funds from customer are being deposited as revenue t,, he put ,,, ~he p,x;je,'t. Gas Tax REVIEW PROCESS Cost Center Director: / Division Administrator: Budget Depm'tment: Agency Manager: Finance Department: DATE Input by: B.A. No.: EXECUTIVE SUMMARY APPROVE A RESOLUTION SUPPORTING THE PRESERVATION OF THE STATE TRANSPORTATION TRUST FUND OB..IIECTIVE: To gain~ the Board of County Commissioner's approval of a resolution asking State Legislators, as well as the Governor, to preserve and not divert funds earmarked for the State Transportation Trust Fund. CONSIDERATION: Earlier this year $200 million dollars was diverted from the State Transportation Trust Fund. These funds did not come from general revenue, but were collected from transportation "user fees" - gas taxes and tag fees. These taxes are paid by Floridians for a very specific purpose - transportation maintenance and improvements. Governor Bush's 2004-2005 proposed budget calls for another $100 million dollars in diversion of funds that would normally go into this fund. Additional revenues from the Rental Car Surcharge, which normally go into this trust fund may be diverted through proposed House Bill 491 and Senate Bill 1630 FISCAL IMPACT: The potential revenue cost to collier county is unknown at this time, but could be substantial. GROWTH MANAGEMENT IMPACT: RECOMMENDATION: To approve this resolution asking the Governor and State Legislators not to divert gas tax revenues (transportation dollars) from the State Transportation Trust Fund./Q /I SUBMITTED BY: Date: ;' Norman Feder -;. -,:- ~ Transportation Administrator APPROVED BY: Date: James V. Mudd County Manager MAR 2 State Transportation Trust Fund RESOLUTION WHEREAS, Florida's transportation system - our highways, bridges, airports, seaports, railroads, bus and rail transit systems - is the backbone of our state's economy and the foundation upon which our quality of life rests, and WHEREAS, during the 2003 Florida Legislative Session $200 million was diverted from the State Transportation Trust Fund, and WHEREAS, these transportation funds did not come from general revenue, but were collected from transportation user fees: gasoline taxes and tag fees, and WHEREAS, these transportation user fees are taxes paid by the traveling public for a very specific purpose -- transportation maintenance and improvement, and WHEREAS, in February 2003, FDOT produced a study indicating that $5.50 is generated for every $1.00 invested in the Department's Five-Year Work Program, and WHEREAS, on March 4th 2003, the Department made public a draft report showing that an additional $2.7 billion was needed each of the next 17 years -just to maintain current transportation conditions, and WHEREAS, Transportation is a dominant factor in every person's life and ability to travel can influence the economic status, social status, and overall standard of living of the tax payers of Florida WHEREAS, Transportation is important, and without its continued growth and improvement, our economy and standard of living may be drastically altered. NOW, THEREFORE, BE IT RESOLVED THAT the Collier County Board of County Commissioners urges Governor Bush and the Florida Legislature to Prevent diversion of funding from the State Transportation Trust Fund during the 2004 Legislative Session, BE IT FURTHER RESOLVED THAT the Governor is strongly encouraged to fully fund transportation and not to include a Transportation Trust Fund diversion in the 2004-05 budget. 2 3 2004 EXECUTIVE SUMMARY APPROVE A RESOLUTION OF THE COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS OPPOSING PROPOSED FLORIDA TRANSPORTATION COMMISSION AND FLORIDA DEPARTMENT OF TRANSPORTATION LEGISLATION WHICH COULD REORGANIZE THE METROPOLITAN PLANNING PROGRAM IN FLORIDA AND UNDERMINE THE INDEPENDENCE OF METROPOLITAN PLANNING ORGANIZATIONS OBJECTIVE: To obtain Board approval on a Resolution opposing proposed Florida Transportation Commission and Florida Department of Transportation legislation that would reorganize the current MPO structure and reduce the amount of funding available for Collier County projects. CONSIDERATIONS: The Collier County Metropolitan Planning Organization (MPO) Board voted at their March 12th meeting that each entity represented should develop a Resolution expressing their opposition to the proposed legislation. The proposed legislation would drastically change the Metropolitan Planning Process in the State of Florida. Such proposed legislation would reduce the amount of funding that can be prioritized by the Collier MPO by approximately 50 percent, which would delay critical projects such as the construction of an additional bridge into Marco Island and the six-laning of SR84 (Davis Boulevard). The proposed legislation also calls for the reallocation of 75 percent of all capacity funding from non-SIS highway capacity and public transportation improvements, and programs to SIS improvements. Collier and Lee County MPOs could be forced to combine even though these Boards voted not to merge but to coordinate their long-range transportation goals. Such a merge could reduce Collier County's ability to establish local priorities, which is contrary to the Federal intent of the MPO process. FISCAL IMPACT: There are no fiscal impacts associated with this request. But, if the ~r~ ~ 'i'he redistribution of funding will have a large fiscal impact where more County funds will have to be used to improve the State Highway System. GROWTH MANAGEMENT IMP~.CT: There is no growth management impact associated with this request though the proposed legislation will greatly affect the funding of projects identified in the Long Range Transportation Plan, which is included in the Growth Management Plan (GMP). In addition, this has an affect on the Transportation Concurrency requirements and assumed improvements within the recent Growth Management Plan revisions. RECOMMENDATION: That the Board of County Commissioners approve this Resolution 04- opposing the proposed Florida Transportation Commission and Florida Department of Transportation legislation to change the MPO's structure and reduce the amount of funding available for Collier County projects. SUBMITTED BY: Date: Don Scott, AICP, Director Transportation Planning RE VIEWEDBYL~a~_~. ~./~,~_~-~ate: ,~/17/~ ~ B~b~a.¢esney~Senior A~inistrative Assisi~t / Tr~datio~inistmti~n APPROVED BY: /~ ~~;-~- Date: ~/~ No~ F~~5~~ator I T~spo~ation Division AGENDA x~ No. ! C,,t")~-_ MAR 2 ~ ~°~' pg., ~-- RESOLUTION NO. 2004- A RESOLUTION BY THE BOARD OF COUNTY COMMISSIONERS. COLLIER COUNTY, FLORIDA, OPPOSING PROPOSED LEGISLATION DEVELOPED BY THE FLORIDA DEPARTMENT OF TRANSPORTATION AND THE FLORIDA TRANSPORTATION COMMISSION THAT COULD REORGANIZE THE METROPOLITAN PLANNING PROGRAM IN FLORIDA AND UNDERMINE THE INDEPENDENCE OF METROPOLITAN PLANNING ORGANIZATIONS. WHEREAS, the Collier County Metropolitan Planning Organization (MPO) is currently the designated and constituted body responsible for the urban transportation planning and programming process for Collier County; and WHEREAS, the Florida Transportation Commission (FTC) has submitted a report to the Governor of the State of Florida, entitled Assessment of Flor/da Regional and Intermodal Transportation Planning, which includes a number of recommendations that would effect the structure, functions and role of MPOs in the State of Florida; and WHEREAS, the FTC and the FDOT has prepared draft legislation for consideration by the 2004 Florida Legislature that could reorganize the Metropolitan Planning Pro.am in Florida by implementing the consolidation of numerous MPO areas; and WHEREAS, Federal iaxv does not permit Governors to re-designate MPOs or revoke the designations of MPOs without the consent of local governments, b. cl~,~li~o the central cities, representing '75 percent of the affected population; and WHEREAS. the proposed legislation would authorize the Governor. to designate new MPOs covering wider regions, potentially encompassing multiple metropolitan statistical area; and WHEREAS, such an action could result in the consolidation of the Collier and Lee County MPOs; and WHEREAS, the Collier and Lee County MPOs are already developing a coordinated planning process that addresses inter-county transportation needs, including those in the portion of Bonita Springs/Naples Urbanized Area that is in Lee County; and WHEREAS, the forced consolidation of the Collier and Lee County MPOs would reduce Collier County's ability to establish local transportation priorities, which is contrary to the Federal intent of the MPO process; and WHEREAS, the proposed legislation would no longer permit MPOs to use local govemnmnts~s~their~affagencie ~,-and No. MAR WHEREAS, the proposed legislation would add gubernatorial appointees to MPO governing boards that are not local government elected officials, state officials, or officials of public agencies; and WHEREAS, Federal law allows the governing boards of newly designated and re-designated MPOs serving urbanized areas with populations of 200,000 or more to include only local elected officials, officials of public agencies that administer or operate major modes of transportation in the metropolitan area, and appropriate state officials; and WHEREAS, the proposed legislation would delete the requirement that the representation of local governments on MPO governing boards be apportioned on an equitable geographic- population ration basis; and WHEREAS, the proposed legislation would require an annual performance audit by the state Auditor General that would be redundant of the existing annual Florida Department of Transportation (FDOT) certification reviex,< and WHEREAS, the proposed legislation would make Transportation Improvement Programs (TIPs) confusing, inhibit FDOT's ability to substitute federal for state funding as needed, and necessitate more frequent TIP Amendments by requiring that projects that are solely state funded be excused from the MPOs' endorsed TIPs, but be explicitly shown in TIPs as for information purposes only; and WHEREAS. the Droaosed legislation would rednc~ the .qmrmnt of G,.~;,,. that can be prioritized by the Collier County MPO to address local transportation deficiencies by ar)proximately 50 percent, thereby delavino cr~t;c~l nr,~;~,~t~ s"ch as the -~+-' +' cotio[,uCtlOn of an additional bridge into Marco Island on SR 951 and the six laning of SR 84 (Davis Boulevard); and WHEREAS, the Bonita Springs/Naples urbanized area has a population of greater than 200,000, giying the Collier County MPO the clear authority to direct the expenditure of Federal funding as desired by the MPO; and NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: I. The Board of County Corranissioners of Collier County opposes any legislation which would make such radical and disruptive changes to the Metropolitan Transportation Planning Program in Florida contrary to Congress' intent that MPOs be designated by Agreement with local governments, be governed by local elected officials and officials of public transportation agencies, and have the independence to adopt transportation plans, priorities and programs based upon local needs and goals and, if necessary, to deny federal funding to incompatible transportation prq]ects, free of state coercion;and No. pg. L~ 2. The Board of County Commissioners of Collier County opposes repealing the legislative requirement that local government representation on the MPO governing boards be apportioned on an equitable geographic-population ratio basis; and 3. The Board of County Commissioners of Collier County opposes the proposed shift in state policy that would significantly reduce the amount of funding that would be prioritized by the Collier County MPO to address local transportation needs. same, this This Resolution adopted after motion, second and majority vote favoring day of ,2004. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: By: , Deputy Clerk Commissioner Donna Fiala, Chairman Approved as to form and legal sufficiency: Jeffrey A. Klatzkow Assistant County Attorney EXECUTIVE SUMMARY ADOPT A RESOLUTION APPROVING THE SATISFACTIONS OF LIEN FOR SOLID WASTE RESIDENTIAL ACCOUNTS WHEREIN THE COUNTY HAS RECEIVED PAYMENT AND SAID LIENS ARE SATISFIED IN FULL FOR THE 1994 SOLID WASTE COLLECTION AND DISPOSAL SERVICES SPECIAL ASSESSMENTS. FISCAL IMPACT IS $18.00 TO RECORD THE LIENS. OBJECTIVE: Adopt a Resolution approving the Satisfactions of Lien for residential accounts where the County has received payment in full for the 1994 Solid Waste Collection Services Special Assessments. CONSIDERATIONS: Resolution No. 95-475 adopted by the Board on August 22, 1995 provided for the recording of the list of 1994 delinquent solid waste collection and disposal services special assessments and a mailing of a written notice of the imposition of each residential unit lien. Resolution No. 95-475 was recorded on September 14, 1995 in Official Record Book 2099, Pages 1338 through 1574 of the Official Records of Collier County, Florida, which placed a lien on certain residential properties for the 1994 Solid Waste Collection Services Special Assessments. Collier County Ordinance No. 90-30, as amended, provides that Satisfactions of Lien shall be approved by Resolution. The attached Resolution lists the two accounts that have been paid in full for the 1994 Solid Waste Collection Services Special Assessment Lien. FISCAL IMPACT: The fiscal impact for recording the Satisfactions of Lien and the Resolution is approximately $18.00, which is to be charged to County Water/Sewer Operating Fund (408). GROWTH MANAGEMENT IMPACT: There is no Growth Management impact associated with these items. RECOMMENDATION: That the Board of County Commissioners adopt the attached Resolution approving the two Satisfactions of Lien for the accounts listed in the Resolution and authorizing the Chairman to sign the two Satisfactions of Lien for the 1994 Solid Waste Collection Services Special Assessment Liens. Prepared by: ~'~- ~.,~.. ~"'~,~ Pam Callis, Revenue Supervisor Utility Billing an.C/Customer Service .ev,ew~ ~ .//~ ~//~;~- Teresa A. Riesen, Revenue Manager Utility .B.Billing and Customer Se~ice Ooh(~Yonkos~y,'~tor~ UtiliZing and Cus~me~ Approved by: ~5 ~.~ ~e~ W. DeLony, P.E~Adm~istrator Utilities Divisio~ Date: Date: ~-~///~ ,,//O '~J-- / Date: ~AR 2 3 200~ RESOLUTION NO. 2004- A RESOLUTION APPROVING SATISFACTION OF LIENS FOR CERTAIN ACCOUNTS THAT HAVE PAID IN FULL THE 1994 SOLID WASTE COLLECTION AND DISPOSAL SERVICES SPECIAL ASSESSMENTS. WHEREAS, pursuant to Collier County Ordinance No. 90-30, as amended, the Board of County Commissioners on August 22, 1995 adopted Resolution No. 95-475 authorizing the recording of notices of liens for the delinquent solid waste collection and disposal services special assessments for 1994; and WHEREAS, Collier County Ordinance No. 90-30, as amended, requires the Board to approve by Resolution and record in the Official Records a Satisfaction of Lien on all accounts that have been paid in full. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that pursuant to Collier County Ordinance No. 90-30, as amended, the Board recognizes full payment and receipt of the 1994 Service Year Solid Waste Collection and Disposal Special Assessment for the following account numbered below, subsequent to the adoption of Resolution No. 95-475, whereupon a lien had been recorded on real property pertaining to the account identified herein. The Satisfaction of Lien attached hereto referencing the account identified herein are hereby approved and the Chairman is hereby authorized to sign on behalf of the Board of County Commissioners, and the Clerk is directed to record this Resolution and this Satisfaction of Lien individually in the official records of Collier County: Account No. 6363 16696 This Resolution adopted this .. second and majority vote. ATTEST: DWIGHT E. BROCK, CLERK day of , 2004, after motion, BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Approved as to form and legal sufficiency: David ~). W~g~ County Attorney BY: DONNA FIALA, CHAIRMAN .o._ //, _ MAR' 3 2006 This instrument prepared by: Robed Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 Property Folio No: 35641560000 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Morales, Joseph=& Sonia 4185 Golden Gate Pkwy Naples, FI 3339990000 The Lien was recorded on the 14t~ day of September 1995, in Official Record Book 2099, Pages 1338 through 1574, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of One Hundred Four Dollars And Thirty Seven Cents (104.37), plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: GOLDEN GATE UNIT 1 BLK 6 LOT 21 OR 1798 PG 324 Folio No. 35641560000 Project No, 64000 Account No. 6363 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this day of 2004. ATTEST: DWIGHT E. BROCK, CLERK Approved as to form a~iency RO'/BERT Z~C~IA R/yy BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By DONNA FIALA, CHAIRMAN iAG~NOA .o. HAR 2 3 200 , This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 Property Folio No: 52651240005 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENT: That the ~OARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Filostin, Louis Ocepha Polite P O Box 2049 Immokalee, FI 339340000 The Lien was recorded on the 14th day of September 1995, ~n Official Record Book 2099, Pages 1338 through 1574, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of One Hundred Six Dollars And Seventy-two Cents (106.72)~ plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: JOYCE PARK BLK C LOTS 5 + 6 OR 1389 PG 571 Folio No. 52651240005 Project No. 64000 Account No. 16696 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this___ day of 2004. ATTEST: DWIGHT E. BROCK, CLERK Approved as to form a~ci~cdY. ~ ROBERt ZKC~tA RY BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By DONNA FIALA, CHAIRMAN EXECUTIVE SUMMARY ADOPT A RESOLUTION APPROVING THE SATISFACTIONS OF LIEN FOR SOLID WASTE RESIDENTIAL ACCOUNTS WHEREIN THE COUNTY HAS RECEIVED PAYMENT AND SAID LIENS ARE SATISFIED IN FULL FOR THE 1996 SOLID WASTE COLLECTION AND DISPOSAL SERVICES SPECIAL ASSESSMENTS. FISCAL IMPACT iS $40.50 TO RECORD THE LIENS. OBJECTIVE: Adopt a Resolution approving the Satisfactions of Lien for residential accounts where the County has received payment in full for the 1996 Solid Waste Collection Services Special Assessments. CONSIDERATIONS: Resolution No. 2000-237 adopted by the Board on August 8, 2000 provided for the recording of the list of 1996 delinquent solid waste collection and disposal services special assessments and a mailing of a written notice of the imposition of each residential unit lien. Resolution No. 2000-237 was recorded on August 8, 2000 in Official Record Book 2708, Pages 0199 through 0309 of the Official Records of Collier County, Florida, which placed a lien on certain residential properties for the I996 Solid Waste Collection Services Special Assessments. Collier County Ordinance No. 90-30, as amended, provides that Satisfactions of Lien shall be approved by Resolution. The attached Resolution lists the five accounts that have been paid in full for the 1996 Solid Waste Collection Services Special Assessment Lien. FISCAL IMPACT: The fiscal impact for recording the Satisfactions of Lien and the Resolution is approximately $40.50, which is to be charged to County Water/Sewer Operating Fund (408). GROWTH MANAGEMENT IMPACT: There is no Growth Management impact associated with these items. RECOMMENDATION: That the Board of County Commissioners adopt the attached Resolution approving the five Satisfactions of Lien for the accounts listed in the Resolution and authorizing the Chairman to sign the five Satisfactions of Lien for the 1996 Solid Waste Collection Services Special Assessment Lien. .o. , HAR 2 3 200 , Pam Callis, Revenue Supervisor Utility B~ng a,~ Customer Service Reviewed by: 'F/et"eSa A. Riesen, Revenue Manager Utility Billing and Customer Service Reviewed by:~-.r~, J(~ A. Yonko. s.k _~Direc~ ~ Billing ahd-G~.t~er,~ervice Approved by: ~'~~ ~ ~--~ P li~ab_[[.c~tilities Division Date: HAR 2 3 200,~ RESOLUTION NO. 2004- A RESOLUTION APPROVING SATISFACTION OF LIENS FOR CERTAIN ACCOUNTS THAT HAVE PAID IN FULL THE 1996 SOLID WASTE COLLECTION AND DISPOSAL SERVICES SPECIAL ASSESSMENTS WHEREAS, pursuant to Collier County Ordinance No. 90-30, as amended, the Board of County Commissioners on August 1, 2000 adopted Resolution No. 2000-237 authorizing the recording of notices of liens for the delinquent solid waste collection and disposal services special assessments for 1996; and WHEREAS, Resolution No. 2000-237, was recorded on Au§ust 8, 2000 in Official Record Book 2708, Pages 0199 through 0309 of the Official Records of Collier County, Florida, which placed a lien on certain properties for the delinquent solid waste collection and disposal services special assessments for 1996; and WHEREAS, Collier County Ordinance No. 90-30, as amended, requires the Board to approve by Resolution and record in Official Records a Satisfaction of Liens on all accounts that have been paid in full. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISIONERS OF COLLIER COUNTY, FLORIDA, that pursuant to Collier County Ordinance No. 90-30, as amended the Board recognizes full payment and receipt of the 1996 Service Year Solid Waste Collection and Disposal Special Assessments for the following account numbered below, subsequent to the adoption of Resolution No. 2000- 237, whereupon a lien had been recorded on real property pertaining to the accounts identified herein. The Satisfactions of Lien attached hereto referencing the accounts identified herein are hereby approved and the Chairman is hereby authorized to sign on behalf, of the Board of County Comm ssioners, and the Clerk is directed to record this Resolution and these Satisfactions of Lien individually in the official records of Collier County: Account No. 7304 11662 13822 16997 26929 This Resolution adopted after this majority vote. day of _.. _, 2004 after motion, second and ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COMMISSIONERS COLLIER COUNTY, FLORIDA BY: DONNA FIALA, CHAIRMAN Approved as to form and ~.~, ,,'<..., ~x,.,~ David C; Weis~" County Attorney This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 Property Folio No. 35641560000 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Morales, Joseph=& Sonia 4185 Golden Gate Pkwy Naples, FI 341166521 The Lien was recorded on the 8TM day of August 2000, in Official Record Book 2708, Pages 0199 through 0309, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of One Hundred Four Dollars and Thirteen Cents ($104.13) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: GOLDEN GATE UNIT 1 BLK 6 LOT 21 OR 1798 PG 324 Folio No. 35641560000 Project No. 66000 Account No. 7304 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this day of 2004. A'FrEST: DWIGHT E. BROCK, CLERK Approved as to form and legal sufficiency ROBERT ZACcH~[~Y BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By:. DONNA FIALA, CHAIRMAN NAR 2 3 200, This instrument prepared by: Robert Zachary Assistant County Attomey Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 Property Folio No. 36660042003 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Nieves, Wilfred A=& America G 4710 1st Ave NW Naples, FI 341192647 The Lien was recorded on the 8TM day of August 2000, in Official Record Book 2708, Pages 0199 through 0309, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of One Hundred Four Dollars and Thirteen Cents ($104.13) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: GOLDEN GATE EST UNIT 2 TR 1, LESS W 364FT Folio No. 36660042003 Project No. 66000 Account No. 11662 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this __ day of ,2004. A'f-rEST: DWIGHT E. BROCK, CLERK Approved as to form and legal sufficiency RO//;ER-'r ZAC~ RY BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY. FLORIDA By: DONNA FIALA, CHAIRMAN HAR 2 3 200 , This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 Property Folio No. 37643560006 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Callihan Jr, Robert E Stephanie Callihan 2930 6~h St NW Naples, FI 341201330 The Lien was recorded on the 8TM day of August 2000, in Official Record Book 2708, Pages 0199 through 0309, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of One Hundred Four Dollars and Thirteen Cents ($104.13) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: GOLDEN GATE EST UNIT 21 S 75FT OF N 180FT OF TR 53 Folio No. 37643560006 Project No. 66000 Account No. 13822 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this day of ,2004. A'I-FEST: DWIGHT E. BROCK, CLERK Approved as to form and legal sufficiency BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: DONNA FIALA, CHAIRMAN HAR 2 3 2004 This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 Property Folio No. 40687120004 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Hoover, Michael L=& Dodhy A 3580 8th Ave NE Naples, FI 341204963 The Lien was recorded on the 8TM day of August 2000, in Official Record Book 2708, Pages 0199 through 0309, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of One Hundred Four Dollars and Thirteen Cents ($104.13) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: GOLDEN GATE EST UNIT 77 W 75FT OF E 180FT OFTR 89 OR 1800 PG 1448 Folio No. 40687120004 Project No. 66000 Account No. 16997 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this __ day of ,2004. A'I-I'EST: DWIGHT E. BROCK, CLERK Approved as to form and legal sufficiency BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: DONNA FIALA, CHAIRMAN .o. 2 3 200 This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 Property Folio No. 63455440003 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Wilmath, Rose 1284 Granada Blvd Naples, FI 341033201 The Lien was recorded on the 8TM day of August 2000, in Official Record Book 2708, Pages 0199 through 0309, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of One Hundred Four Dollars and Thirteen Cents ($104.13) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: NAPLES TWIN LAKES 1sT ADD BLK 16 LOT 8 Folio No. 63455440003 Project No. 66000 Account No. 26929 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this .. day ot 2004. A'I-TEST: DWIGHT E. BROCK, CLERK Approved as to form and legal sufficiency BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: DONNA FIALA, CHAIRMAN MAR 200 , PG,. EXECUTIVE SUMMARY APPROVAL AND EXECUTION FOR SATISFACTION OF A NOTICE OF CLAIM OF LIEN FOR SANITARY SEWER SYSTEM IMPACT FEE. FISCAL IMPACT IS $6.00 TO RECORD THE SATISFACTION. OBJECTIVE: Recommendation that the Board acknowledges full payment and executes the Satisfaction of Claim of Lien. CONSIDERATIONS: The Board of County Commissioners of Collier County, Florida as the Governing Body of Collier County and as Ex-Officio the Governing Board of the Collier County Water/Sewer District of Collier County, Florida, recorded the Claim of Lien in the Office of the Clerk of the Circuit Court of Collier County, Florida. SEE ATTACHED EXHIBIT "A" Full payment and satisfaction of this lien have been made. The County Attorney's Office has reviewed and approved the Satisfaction of Claim of Lien. FISCAL IMPACT: Payment in full for this Claim of Lien increases the cash flow in the County's sewer impact fee fund by $1,340.00. The fiscal impact for recording this Satisfaction of Claim of Lien is approximately $6.00, which is to be charged to (Fund 408) the County Water/Sewer Operating Fund Utility Billing cost center. GROWTH MANAGEMENT: There is no Growth Management impact associated with this item. RECOMMENDATION: Recommendation to acknowledge full payment and the satisfaction of this lien and to surrender the same canceled, and to direct the Clerk of the Circuit Court of Collier County to cancel the same of record. Authorize the Chairman to execute the Satisfaction of Claim of Lien. Pam Callis, Revenue Supervisor Utility Billing and Customer Service ere§~, A. Riesen, Revenue Manager Utility Billing and Customer Service Reviewed by: ~&-.~_c,,-...~.~. ~,;,.,...~,~ ,V,,, J~A. Yon kos ky~, ~'~re, gc,~ r ~ Utiti~Billing an..,d ~~Se~ice Approved by:~~ Z~ '~0~ W. Doko~y~ ~ministrator ~Utilitios DivisiOn Date: Date: -~/~ ~" Date: Date: MAR 2 3 200~, This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 SATISFACTION OF NOTICE OF CLAIM OF LIEN FOR SANITARY SEWER SYSTEM IMPACT FEES KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX--©FFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT, was the owner and holder of a certain Lien against: Richard E. FIynn and Debbie A. Flynn, husband and wife, 5222 Trammel St. Naples, FL 33962 The Lien was recorded on 17TM day of November 1994, in Official Record Book 2003, Page(s) 0885, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of One Thousand Three Hundred Forty and No Cents ($1,340.00), plus accrue(] interest and penalties, if any, and imposes certain obligations against real property si~.uated in Collier County, Florida, described as follows: LOT 6, BLOCK 3, NAPLES MANOR LAKES, IN ACCORDANCE WITH AND SUBJECT TO THE PLAT RECORDED IN PLAT BOOK 3, PAGES 86 AND 87, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, AS DESCRIBED IN THAT DOCUMENT RECORDED IN OR BOOK 1062, PAGE 1471 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. FOLIO NUMBER: 62251480006 Collier County, a political subdivision of the State of Florida, and the Collier County Water-Sewer District, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full Satisfaction of the Lien and hereby cancels the Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, and as Ex-Officio the Governing Board of the Collier County Water-Sewer District, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this day of ,2004. ATTEST: DWIGHT E. BROCK, CLERK Approved as to form and Legal sufficiency: ROBERT ZA/CHARY ASSISTANT COUNTY ATTORNEY BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT DONNA FIALA, CHAIRMAN EXHIBIT Richard E. Flynn and Debbie A. Flynn, husband and wife, securing the principal balance of one thousand three hundred forty and no cents ($1340.00). Folio # 62251480006 ' Ar,'~I~:NOA ITI:Pl ~ NO._ i'/~ ~, ~ PIAR -2'3 2004 EXECUTIVE SUMMARY AUTHORIZATION TO EXECUTE AND RECORD SATISFACTIONS FOR CERTAIN WATER AND/OR SEWER IMPACT FEE PAYMENT AGREEMENTS. FISCAL IMPACT IS $34.50 TO RECORD THE SATISFACTIONS. OBJECTIVE: Approval of and authorization for the Chairman to execute satisfactions for agreements ,to extend installment payment of water and/or sewer system impact fees. CONSIDERATIONS: The Board of County Commissioners of Collier County, Florida as Ex-Officio the Governing Board of the Collier County Water Sewer District, is the owner and holder of the Notice of Promise to Pay and Agreement to Extend Payment of Water and/or Sewer System Impact Fees executed by: SEE ATTACHED EXHIBIT "A" Full payment and satisfactions of these agreements have been made. The County Attorney's Office has reviewed and approved the satisfactions. FISCAL IMPACT: Satisfaction of these agreements has increased the cash flow in the water impact fee (Fund 411) by $4,500.00 and sewer impact fee (Fund 413) by $11,837.98. The fiscal impact for recording the Satisfactions of Lien is approximately $34.50, which is to be charged to (Fund 408) the County Water/Sewer Operating Fund Utility Billing cost center. GROWTH MANAGEMENT IMPACT: There is no Growth Management impact associated with these items. RECOMMENDATION: Recommendation to acknowledge full payment and the satisfactions of these agreements and to surrender the same as canceled. Authorize the Chairman to execute the Satisfactions of Notice of Promise to Pay and Agreement. Pam Callis~_Revenue Supervisor Utility B~fng and Customer Service Reviewed by:~ Approved b~ c~ Teresa A. Riesen, Revenue Manager Utility Billing and Customer Service W. DeLony,/ .E., Administrator Utilities Div,rsion Date: Date: Date: Date: ~) ~~ ~o. /~ HAR 2 3 2004 EXHIBIT "A" o Beatrice Apperson, securing the principal balance of one thousand one hundred eighty dollars andno cents ($1180.00). ?olio//81625080000 Frances L. Bourland, securing the principal balance of one thousand one hundred eighty dollars and no cents ($1180.00). Folio #81624160002 Richard E. Flynn and Debbie A. Flynn, husband and wife, securing the principal balance of two thousand one hundred thirty two dollars and ninety eight cents ($2132.98). Folio #62251480006 Bruce D. Lesson, personal representative of the estate of Richard P. Lesson, deceased, securing the principal balance of eleven thousand two hundred dollars and no cents ($11,200.00). Folio #00255',),58903 Warren L Weeks and Dorothy Weeks, husband and wife, securing the principal balance of six hundred forty five dollars and no cents ($645.00). Folio #00734760001 2'3 200 Prepared by: Robert Zachary Assistant County Attorney Office of County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 SATISFACTION OF NOTICE OF PROMISE TO PAY AND AGREEMENT TO EXTEND PAYMENT OF WATER AND/OR SEWER SYSTEM IMPACT FEE KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT, was the owner and holder of a certain Agreement with the following: Beatdce Apperson, Whose mailing address is 240 Ocean Reef Ln Naples, FL 34114 Bearing the date of the 18th day of August 1999, recorded in Official Record Book 2582 Page(s) 3027, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida, which Agreement imposes a lien on the subject real property. The Lien secures the principal sum of One Thousand One Hundred Eighty Dollars and No Cents ($1180.00) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: UNIT NO. 127, WEST WIND MOBILE HOME ESTATES, A CONDOMINIUM AS MORE FULLY SHOWN IN OFFICIAL RECORD BOOK 630, PAGES 1883 THROUGH 1932, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, AS AMENDED; TOGETHER WITH ALL UNDIVIDED INTERESTS IN THE COMMON ELEMENTS OR SURPLUSES ACCRUING TO SAID PROPERTY. FOLIO NUMBER: 81625080000 Collier County, a political subdivision of the State of Florida, and the Collier County Water-Sewer District, a political.subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels the Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, and as Ex-Officio the Governing Board of the Collier County Water-Sewer District, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this __ day of ,2004. ATTEST: DWIGHT E. BROCK, CLERK Approved as to form and legal suffi~~ ROBERT ZAC H~,F~Y BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER -COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT DONNA FIALA, CHAIRMAN MAR 2 3 20g , Prepared by: Robert Zachary Assistant County Attorney Office of County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 SATISFACTION OF NOTICE OF PROMISE TO PAY AND AGREEMENT TO EXTEND PAYMENT OF WATER AND/OR SEWER SYSTEM IMPACT FEE KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT, was the owner and holder of a certain Agreement with the following: Frances L. Bourland Whose mailing address is 131 Ocean Reef Ln. Naples, FI 34114 Bearing the date of the 11th day of October 1999, recorded in Official Record Book 2600 Page(s) 3017, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida, which Agreement imposes a lien on the subject real property. The Lien secures the principal sum of One Thousand One Hundred Eighty Dollars and No Cents ($1180.00) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: UNIT 104, WEST WIND MOBILE HOME ESTATES, A CONDOMINIUM, ACCORDING TO THE DECLARATION OF CONDOMINIUM THEREOF RECORDED IN O.R. BOOK 630, PAGES 1883 THROUGH 1932, INCLUSIVE, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA FOLIO NUMBER: 81624160002 Collier County, a political subdivision of the State of Florida, and the Collier County Water-Sewer District, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels the Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, and as Ex-Officio the Governing Board of the Collier County Water-Sewer District, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this ~ day of ,2004. ATTEST: DWIGHT E. BROCK, CLERK Approved as to form and legal sufficienc: ~ BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT DONNA FIALA, CHAIRMAN Prepared by: Robert Zachary Assistant County Attorney Office of County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 SATISFACTION OF NOTICE OF PROMISE TO PAY AND AGREEMENT TO EXTEND PAYMENT OF WATER AND/OR SEWER SYSTEM IMPACT FEE KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT, was the owner and holder of a certain Agreement with the following: Richard E. Flynn and Debbie A. Flynn, husband and wife Whose mailing address is 5222 Trammel Street Naples, FI 33962 Bearing the date of the 23r~ day of May 1996, recorded in Official Record Book 2186 Page(s) 2090, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida, which Agreement imposes a lien on the subject real property. The Lien secures the principal sum of Two Thousand One Hundred Thirty Two Dollars and Ninety Eight Cents ($2132.98) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: LOT 6, BLOCK 3, NAPLES MANOR LAKES, IN ACCORDANCE WITH AND SUBJECT TO THE PLAT RECORDED IN PLAT BOOK 3, PAGES 86 AND 87, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. FOLIO NUMBER: 62251480006 Collier County, a political subdivision of the State of Florida, and the Collier County Water-Sewer District, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels the Lien. The Clerk of the Cimuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, and as Ex-Officio the Governing Board of the Collier County Water-Sewer District, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this __ day of ,2004. ATTEST: DWIGHT E. BROCK, CLERK Approved as to form and legal ROE~ERT ZAC~AI~Y BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT DONNA FIALA, CHAIRMAN .o.. /~,,~., ~ · HAR 2 3 200 , P~o Prepared by: Robert Zachary Assistant County Attorney Office of County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 SATISFACTION OF NOTICE OF PROMISE TO PAY AND AGREEMENT TO EXTEND PAYMENT OF WATER AND/OR SEWER SYSTEM IMPACT FEE KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT, was the owner and holder of a certain Agreement with the following: Bruce D. Lesson, personal representative of the estate of Richard P. Lesson, deceased Whose mailing address is 5425 Shirley St Naples, FI 339421877 Bearing the date of the 24th day of September 1993, recorded in Official Record Book 1868 Page(s) 000652, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida, which Agreement imposes a lien on the subject real property. The Lien secures the principal sum of Eleven Thousand Two Hundred Dollars and No Cents ($11,200.00) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: THE NORTH HALF OF THE FOLLOWING DESCRIBED TRACT OR PARCEL OF LAND: THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 11, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA. FOLIO NUMBER: 00255088903 Collier County, a political subdivision of the State of Florida, and the Collier County Water-Sewer District, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels the Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, and as Ex-Officio the Governing Board of the Collier County Water-Sewer District, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this ~ day of ,2004. ATTEST: DWIGHT E. BROCK, CLERK Approved as to form and legal RO~ ERT"ZACH'AR'~' BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT DONNA FIALA, CHAIRMAN AC~eOA ITEN. NO. Prepared by: Robert Zachary Assistant County Attorney Office of County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 SATISFACTION OF NOTICE OF PROMISE TO PAY AND AGREEMENT TO EXTEND PAYMENT OF WATER AND/OR SEWER SYSTEM IMPACT FEE KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT, was the owner and holder of a certain Agreement with the following: Warren L Weeks and Dorothy Weeks, husband and wife Whose mailing address is 217 Rookery Road Naples, FI 34114 Bearing the date of the 21st day of July 1999, recorded in Official Record Book 2572 Page(s) 3267, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida, which Agreement imposes a lien on the subject real property. The Lien secures the principal sum of Six Hundred Forty Five Dollars and No Cents ($645.00) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: LOT 9, BLOCK F, RIVERWOOD UNIT NO. 3, AN UNRECORDED SUBDIVISION. COMMENCING AT THE SOUTHEAST CORNER OF LOT 9, BLOCK D, RIVERWOOD UNIT NO. 2 AS RECORDED IN PLAT BOOK 10, PAGE 90 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, RUN SOUTH 00° 39' 34" WEST 170.00 FEET, THENCE SOUTH 89° 20' 26" EAST 490.00 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE SOUTH 89° 20' 26" EAST 60.00 FEET; THENCE NORTH 00° 39' 34" EAST 110.00 FEET TO THE SOUTH BOUNDARY OF ROOKERY ROAD; THENCE NORTH 89° 20' 26" WEST 60.00 FEET ALONG SAID BOUNDARY; THENCE SOUTH 00° 39' 34" WEST 110.00 FEET TO THE POINT OF BEGINNING. THE EASTERLY 6.00 FEET AND THE SOUTH 10.00 FEET RESERVED FOR A UTILI'FY EASEMENT. FOLIO NUMBER: 00734760001 Collier County, a political subdivision of the State of Florida, and the Collier County Water-Sewer District, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels the Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, and as Ex-Officio the Governing Board of the Collier County Water-Sewer District, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this __ day of ,2004. .o. //,, MAR 3 PG. ATTEST: DWIGHT E. BROCK, CLERK Approved as to form and legal BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS. EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT DONNA FIALA, CHAIRMAN EXECUTIVE SUMMARY APPROVE THE SATISFACTIONS OF LIEN DOCUMENTS FILED AGAINST REAL PROPERTY FOR ABATEMENT OF NUISANCE AND DIRECT THE CLERK OF COURTS TO RECORD SAME IN THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. FISCAL IMPACT IS $42.00 TO RECORD THE LIENS. OBJECTIVE: Approve the satisfactions of lien documents filed against real property for abatement of nuisance and direct the Clerk of Courts to record same in the public records of Collier County, Florida. CONSIDERATION: Authorize the filing of satisfactions of lien, for previously recorded liens that have subsequently been paid. SEE ATTACHED EXHIBIT "A" Said Liens were recorded in Official Record Book of the Public Records of Collier County, Florida. The owners of said properties have paid to the Board of County Commissioners sums representing full payment of principal and interest due. Collier County has verified that said Liens have been satisfied and now requests Satisfaction of Lien documents and order the Clerk of Courts to record same in the public Records of Collier County, Florida. FISCAL IMPACT: Recording the Satisfactions of Lien is approximately $42.00 and will be charged to MSTD General Fund (111) - Code Enforcement Admin. GROWTH MANAGEMENT IMPACT: There is no Growth Management impact associated with these items. RECOMMENDATION: That the Board of County Commissioners authorize the Chairman to execute the attached Satisfactions of Lien documents filed against real property for abatement of nuisance and direct the Clerk of Courts to record same in the Public Records of Collier County, Florida. Prepared by: Pam Callis, Revenue Supervisor Utility Billing and Customer Service Reviewed by:///,~.*, ~/./. ~--"~ T/eCesa A. ~iesen, Revenue Manager Utility Billing and Customer Se~ice Reviewed by~~~ ~~% J~ ~ A. Yo~ky, D~ so.ice Approvedby'~~.amesltilitiosD°L°n~AOministrat°r Date: Date: HAR 2 3 200~, J PG. ,~ .... J EXHIBIT "A" o Bower, Ruth, Folio # 68300002148, Lot 7, of Port Of The Islands Phase Two, Res. # 2003-}4 H. Javier Castano & Sherry L., Folio # 62570410003, Lots 14, 15, 36, 37, and 38, Block 17, Naples Park, Unit 2. Res. # 2002-172 Floreal De La Garza, Folio # 62576800002, Lot 13, Block 21, of Naples Park Subdivision Unit, No. 2, Res. # 95-254 Floreal De La Garza, Folio # 62576800002, Lot 13, Block 21, of Naples Park Subdivision Unit, No. 2, Res. # 96-60 Floreal De La Garza, Folio # 62576800U02, Lot 13, Block 21, of Naples Park Subdivision Unit, No. 2, Res. # 98-218 Melendez, Miranda, Folio # 36371040006, Lot 26, Block 181, Unit 6, Part 1, Golden Gate City Subdivision, Res. # 2003-281 Sheehan, Lloyd G., Folio # 62094080003, Lot 16, Block 6, Naples Manor Addition, Res. #2001-320 MAR 2 3 280 This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tarmami Trail Naples, Florida 34112 (941 ) 774-8400 Property Folio No. 68300002148 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Bower, Ruth 1147 Rainbow Dr. Nap]es, Fl 341044264 Lien was recorded on the 5th day of February 2003, in Official Record Book 3212 Page 2437 in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of Two Hundred Fifty Five Dollars and No Cents ($255_00) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: LOT 7. OF PORT OF THE ISLANDS PHASE TWO Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels the Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. LN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this __ day of ,2004. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA Approved as to form ROBER~f ZA~I-IAR¥ By: DONNA FIALA, CHAIRMAN 2 3 200 PG. ~ __' This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 Property Folio No. 62570410003 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: H. Javier Castano & Sherry L. 8235 Wilshire Lakes Blvd Naples, FI 34109 Lien was recorded on the 30th day of April 2002, in Official Record Book 3027 Page 2703 in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the pnncipal sum of Two Hundred Fifty Five Dollars and No Cents ($255.00) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: LOTS 14, 15, 36, 37 AND 38, BLOCK 17, NAPLES PARK, Unit 2 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels the Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this day of 2004. ATFEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA Approved as to form a cy ~OBERT ZACHARY By: DONNA FIALA, CHAIRMAN : PG. .'~-' , ] This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tarmami Trail Naples, Florida 34112 (941 ) 774-8400 Property Folio No. 62576800002 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Floreal De La Garza 5807 SW 42nd St Miami, F1 33155 Lien was recorded on the 5m day of May 1995, in Official Record Book 2056 Page 0267 in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of Two Hundred Forty Five Dollars and No Cents ($245.00) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: LOT 13, BLOCK 21, OF NAPLES PARK SUBDIVISION UNIT, NO. 2 Collier County, a political subdivision of the State of Florida. hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels the Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. D4 W1TNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this __ day of 2004. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA Approved as to form By: DONNA FIALA, CHAIRMAN This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 Property Folio No 62576800002 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Floreal De La Garza 5807 SW 42na St Miami, F1 33155 Lien was recorded on the 15th day of March 1996, in Official Record Book 2159 Page 0893 in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of Two Hundred Forty Five Dollars and No Cents ($245.00) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: LOT 13, BLOCK 21, OF NAPLES PARK SUBDIVISION UNIT, NO. 2 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels the Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. Eq WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this __ day of 2004. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA Approved as to form and legal sufficiency R dER*I' Z.~'CHAR Y By: DONNA FIALA, CHAIRMAN , i !~0.~ MAR 2 3 200 , This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 Property Folio No. 62576800002 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Floreal De La Garza 5807 SW 42nd St Miami, Fl 33155 Lien was recorded on the 27th day of July 1998, in Official Record Book 2444 Page 2422 in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of Two Hundred Forty Five Dollars and No Cents ($245.00) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: LOT 13, BLOCK 21, OF NAPLES PARK SUBDIVISION UNIT, NO. 2 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels the Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Florida. to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this __ day of ,2004. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORDA Approved as to form a~cy R6BER~ ZA~(kRY By: DONNA FIALA, CHAIRMAN HAR 2 3 200 This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941 ) 774-8400 Property Folio No. 36371040006 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENTS: That the B()ARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Melendez, Miranda 181 NW I06th Ave Pembroke Pines, FI 33026-3921 Lien was recorded on the 15th day of September 2003, in Official Record Book 3396 Page 2756 in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of Two Hundred Fifty Five Dollars and No Cents ($255.00) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: LOT 26, BLOCK 181, UNIT 6, PART 1, GOLDEN GATE CITY SUBDIVISION Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels the Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfactien of Lien in the Official Records of Collier County, Florida, to acknowledge'that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this day of ,2004. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY. FLORDA Approved as to form and legal sufficiency By: DONNA FIALA, CHAIRMAN A~ Ilt)A IT£M MAR 2 3 PG. This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 Property Folio No. 62094080003 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLOR[DA was the owner and holder of a certain Lien against: Sheehan, Lloyd G. 1751 Imperial Golf Course Blvd Naples, Fl 34110 Lien was recorded on the 3ra day of October 2001, in Official Record Book 2901 Page 1757 in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the pnncipal sum of Two Hundred Forty Five Dollars and No Cents ($245.00) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: LOT 16, BLOCK 6, NAPLES MANOR ADDITION Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels the Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this __ day of 2004. ATI'EST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLOR[DA Approved as to form an~ncy ROI~ ERTXZA C"~I:R Y By: DONNA FIALA, CHAIRMAN EXECUTIVE SUMMARY APPROVE A CHANGE ORDER TO WORK ORDER UC-059 FOR THE CITY COUNTY WASTEWATER INTER-CONNECT IN THE AMOUNT OF $30,098 PROJECT 73162. OBJECTIVE: That the Board of County Commissioners, as Ex-officio the Governing Board of the Collier County Water-Sewer District approve Change Order No. 1 to Work Order No.UC-059 for the City County Wa. stewater Interconnect to Quality Enterprises USA, Inc. CONSIDERATIONS: In accordance with the procurement policy of Collier County, on July 9, 2003, staff received cost proposals from four of the nine contractors under the contract 02-3345 "Annual Contract for Underground Utility Contracting Services" dated May 28, 2002. A work order, UC-059 in the amount of $84,564.25 was issued to the lowest bidder, Quality Enterprises USA, Inc. This work order is to install a 10" force main to connect the City of Naples force main and County's force main. A discrepancy between the construction plans and the location of the force main was observed which resulted in the project schedule being delayed by two days. The cost of this delay was $2,500 as described in item 1 of attached change order. Field conditions dictated an additional 58 Linear Feet (LF) at $443.50 per LF for a total cost of $ 25,723, to reroute the pipe. This work was to avoid a signal pole in order to make the connections to the existing City's force main as described in item 3. Restoration as a result of rerouting the pipe was $1,875 as described in item 2 of the change order. The total amount for items 1,2 and 3 is $30,098.00. Original Work Order Amount Change Order Amount Total Work Order Amount $84,564.25 $30,098.00 $114,662.25 In accordance with the Inter-local Agreement dated September 19, 2001, between th.e City of Naples and Collier County, 50% of the cost of this project will be reimbursed by the City of Naples. The staff of City of Naples agree with this change order. This project is consistent with the 2002 Wastewater Master Plan Update adopted by the Board of Collier County Commissioners on February 25, 2003, under Item 10(A) and is consistent with the current Fiscal Year Capital Improvement Budget approved by the Board of Collier County Commissioners on September 18, 2002. FISCAL IMPACT: Funds totaling $30,098 are needed for this change order. Funds are available and are budgeted for this project. The source of funds is user fees. GROWTH MANAGEMENT IMPACT: This project will have no impact on growth management. ,o._ //o c?.,, MAR 2 3 200 PG, / Executive Summary Approve Change Order Page 2 RECOMMENDATIONS: That the Board of County Commissioners, as Ex-officio the Governing Board of the Collier County Water Sewer District, approve, and authorize the Public Utilities Engineering Director or his designee to execute Change Order No.1 to Work Order No.UC-059 in the amount of $30,098.00 to Quality Enterprises USA, Inc. SUBMITTED BY: REVIEWED BY: Sl~a~thi Sridhar, Project Manager Public Utilities Engineering Department William D. Mullin, PE., Principal Project Manager Public Utilities Engineering Department DATE: /~-/o :~/o B REVIEWED BY: Roy B. Anderson, P.E., Director Public Utilities Engineering Department R EVIEWEDBY: jo p~hB. C he~atham~. Wastewater Director REVIEWED BY: ..~ ~ t '~/~ir~ect 'Stephen Y. Carnell,tPurchasing ' or Purchasing/General S~anment /" Jam~)s W. DeLony, P..E.., ,/ Q.~_~j~ic Utilities Administrat~,Y DATE: DATE: DATE: __ DATE: AG£NDA IT£~ PG. CHANGE ORDER TO: Quality Enterprises USA Inc. 5121 Castello Drive, Suite # 2 Naples, FL 34103 FROM: Collier County Government 3301 East Tamiami Trail, PUEd Bldg H. Naples, Florida 34112 Project Name: City County Interconnect Construction Agreement Dated: N/A Change Order No.: 1 W.O. No.: UC-059 Date: December 3, 2003 Change Order Description: To install the force main and construct the project as intended by the plan documents. Original agreement amount .............................................................. $84,564.25 Sum °fprdvious change orders amount ............................................ $ 0.00 This Change Order Amount [add] ..................................................... $30.098.00 Revised Agreement Amount ............................................................... $114,662.25 Original contract time in calendar days .......................................... 30 Adjusted number of calendar days due to previous change orders .. 0 This change order adjusted time is ................................................ 25 Revised Contract Time in calendar days ........................................ 55 Original Notice to Proceed date ......................................................... October 06, 2003 Completion date based on original contract time ............................... Nov 20, 2003 Revised completion date ..................................................................... Dec 15, 2003 Your acceptance of this change order shall constitute 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 fully as if the same were repeated in this acceptance. The adjustment, if any, to this Agreement shall constitute a full and final settlement of any and all claims of the Contractor arising out of, or related to, the change set forth herein, including claims for impact and delay costs. Recommended by: ..2-~& _.-_~ Date: /.~/ Shanthi Sridhar Project Manager ~ Public Utilities Engineering Department Accepted by: (~./1 ^ ~-~ ~ Date: ! QgaliWEnte~risesU~Alnc., ~ on~:~ e~re~e~,t,~ Accepted by: Date: William D. Mullin, P.E Principal Project Manager Public Utilities Engineering Department Approved by: Date: Roy B. Anderson, P.E., Utilities Engineering Director Public Utilities Engineering Department Fund: 414 Cost Center: 263614 Quality Enterprises USA Inc. Object Code: 763100 Page 1 of 4 Project No.: _23162 Change Ord N#01.~ 2 3 2004 a-~/-i L;as[eHo L)nve, ~u~e ~Z, Naples, FL 34103 (239) 435-7200 (239) 435-7202 FAX E-maih rslicko@qe-usa.com Memo= To: Shanthi Sridhar From: Rick Slicko Re: City County Interconnect Date: December 16, 2003 Work Order # UC-059 Sandy, The following are Change Order items on the City County Interconnect Project that Quality Enterprises USA, Inc. has incurred due to Site Conflicts. Labor and Equipment to Locate Existing Collier County 8" Forcemain Line along North Horseshoe Drive. Collier County Locator marked a existing Forcemain line that when exposed turn out to be 6" not the 8" required by the Contract Drawings. Quality Enterprises researched the area and found the required 8" Forcemain. 2 Days Labor & Equipment @ $1,250.00/Day_ $2,500.00 10/28/03- Tuesday Supervisor 5- Man Crew Caterpillar 320 Excavator John Deere 644 Loader John Deere 410 Combination 10/29/03- Wednesday Supervisor 5- Man Crew Caterpillar 320 Excavator John Deere 644 Loader John Deere 410 Combination Labor, Equipment and Material for Restoration of the Area disturbed by exposing the City of Naples existing 8" Forcemain along Airport Pulling Road. Quality Enterprises moved the Tie-In location to a second location due to a conflict with a Concrete Signal Pole. Labor, Equipment and Materials $1,875.00 4" Concrete Sidewalk ( 205 sf) Bahia Sod Sprinklers Landscape Plants AG£N~A IT£N .0._ /~, ~ ~ MAR 2 3 200 December 16, 2003 3. Quanity I~crease of 58' in 10" Forcemain due to relocating tie-in point caused by conflicts with Signal Pole along Airport Pulling Road. Contract Amount 10" C900 CL 150 PVC Forcemain 58 L.F. @ $443.50 $25,723.00 Total Change Order $ 30,098.00 · Page 2 AG£#OA I~AR 2 3 200~ CONTRACT MODIFICATION CHECKLIST FORM PROJECT NAME: City County Interconnect PROJECT#: 73162 BID/RFP #: 02-3445 MOD #: 1 AMOUNT OF THIS CHANGE $30,098.25 PO #: 4500014131 Work Order #: UC -059 CONTRACT AMOUNT: ORIGINAL $ 30~098.00 CURRENT $ 114~662.25 (STARTING POINT) (INCLUDING THIS CHANGE ORDER) Last BCC Approved Amount SNIA {LAST TOTAL AMT. REQUIRING BCC APPROVAL) Date of Last BCC Approval N/A Agenda Item # N/A Percentage of the change over/under current contract amount 35.59% Formula: (Current Amount / Last BCC approved amount)-1 Results and Actions: If thechange exceeds 10% BCC approval is required; under 10% reported to BCC on Purchasing report. CURRENT COMPLETION DATE (S): ORIGINAL: Nov 20,2003 CURRENT: Dec, 15,2003 SUMMARY OF PROPOSED CHANGE (S): To compensate for the delay in Iocatinq the force main, addition of force main pipe len.qth because of reroutin,q of the pipe and related restoration. JUSTIFICATION FOR CHANGE (S): Contractor started diq.qin,q based on the old locates and found out the locates were incorrect. This caused a delay of two days. The force main had to be rerouted to avoid conflict with the signal pole. This change was not anticipated at the onset. Funds are available in the budget to cover this chan.qe. This change is dictated due to field conditions. PARTIES CONTACTED REGARDING THE CHANGE: Mike Clough - Hole Montes, Bill Mullin, Principal Project Manager. IMPLEMENTATION STEPS (Verify each before proceeding with change using Y, N or N/A) _x_ Proposed change is consistent with the scope of the existing agreement _x_ Proposed change is in fact an addition or deletion to the existing scope _x_ Change is being implemented in a manner consistent with the existing agreement x The appropriate parties have been consulted regarding the change -_x~ Proposed prices, fees and costs set forth in the change are reasonable APPROVE: /.~?../~ ~/,..-----.¢~... Date: _ DISAPPROVE: -- - Date: COMMENTS: Revised 8/22/03 EXECUTIVE SUMMARY APPROVE AMENDMENT NO. 2 TO PROFESSIONAL ENGINEERING SERVICES AGREEMENT WITH WATER RESOURCE SOLUTIONS, INC. FOR THE NORTH COUNTY WATER RECLAMATION FACILITY DEEP INJECTION WELL SYSTEM, CONTRACT 00-3122, IN THE AMOUNT OF $284,628, PROJECT 73948. OBJECTIVE: To provide additional professional engineering services for the construction of the deep injection well system at the North County Water Reclamation Facility (NCWRF). CONSIDERATIONS: On October 9th, 2001, as Agenda Item 16(C)(1), the Board approved and entered into an agreement with Water Resource Solutions, Inc. (WRS) for design and construction services for the North County Water Reclamation Facility (NCWRF) Deep Injection Well project. The deep injection wells provide a back-up method to dispose of excess reclaimed water at the NCWRF when it cannot be reused. Additional wet-weather disposal capacity is needed to keep pace with the on-going facility expansions. Initially the plan was to construct one deep well by 2003 and the second deep well by 2005. However, the 2001 Wastewater Master Plan adopted by the Board in December 11, 2001 as Agenda Item 8(A), recommended constructing both deep wells by 2003. On May 14, 2002, the Board approved Amendment No. 1, as Agenda Item 16(C)(11), to the professional services agreement with Water Resource Solutions, Inc. to provide construction management services for the second deep injection well in the amount of $289,850. On May 25, 2002 the Florida Department of Environmental Protection (FDEP) issued the construction permit to construct the NCWRF Deep Injection Wells. On July 30, 2002, Task Order No. 6 with Youngquist Brothers, Inc. for the construction of the NCWRF Deep Wells was approved by the Board of County Commissioners, as Agenda Item 10(J). Construction commenced on August 5, 2002. In March 2003, unforeseen geological conditions were encountered when drilling Injection Well No. 1 (IW-1). Regions with significant cavernous voids in the subsurface were encountered during the drilling of the pilot hole for IW-1. When these voids were initially identified, representatives from Water Resource Solutions, Inc., immediately advised the County of the construction issues and concerns about the potential for significant additional costs and for loss in design well injection capacities. NO.~ PIAR 2 3 200 Executive Summary Approve Amendment 2 to Professional Services Agreement for NCRWRF Deep Injection Well Contract 00-3122 Page 2 of 3 After discussion and evaluation between Water Resource Solutions, Inc., Youngquist Brothers, Inc., and Staff on a number of options, County gave approval to the recommended decision to use gravel to fill the subsurface voids. This was determined to be the most cost-effective method and would also retain the original design injection capacity. This procedure was approved by the FDEP. The decision to fill the voids with gravel worked. Design modifications were made prior to drilling Injection Well No. 2 (IW-2), to better control construction activities when voids were encountered. Both wells were completed successfully using gravel to fill the voids and retained their original design capacity. On February 24, 2004, as Agenda Item 16(C)3, the Board approved Change Order No. 1 to Task Order No. 6 with Youngquist Brothers, Inc. which included the use of gravel to fill the unforeseen subsurface voids along with a 159 day time extension to accommodate the additional construction time taken. The FDEP permit requires full time inspection and reporting during deep well construction. Additional design, permitting, and construction engineering services were required to accommodate the efforts to resolve the problems associated with the unforeseen subsurface geological conditions as described before. Further, additional engineering services are required to make the new road entrance south of the NCWRF main entrance permanent for use. Staff has negotiated a fee increase of $284,628 for Amendment No. 2. All the specific details on the additional services described above is documented in the February 9, 2004 proposal from Water Resource Solutions, Inc. which is attached to Amendment No. 2. The following summarizes the breakdown of costs associated with Amendment No. 2: Original Contract #00-3122 Amendment 1 Amendment 2 (Proposed) $1,163,604 $ 289,85O $ 284,628 TOTAL (Proposed) $1,738,082 Staff finds this Amendment No. 2 to be fair and reasonable. Staff recommends approving and authorizing Amendment No. 2. FISCAL IMPACT: Funds in the amount of $284,628 are available in County Wastewater Capital Projects. Source of funds is Fund 413 - Sewer Impact Fee. Executive Summary Approve Amendment 2 to Professional Services Agreement for NCRWRF Deep Injection Well Contract 00~3122 Page 3 of 3 GROWTH MANAGEMENT IMPACT: This project is consistent with the 2002 Wastewater Master Plan Update adopted by the Board of Collier County Commissioners on February 25, 2003, under Item 10(A) and is consistent with the current Fiscal Year Capital Improvement Budget approved by the Board of Collier County Commissioners on September 18, 2002. RECOMMENDATIONS: Staff recommends that the Board of County Commissioners, as the Ex-officio governing board of the Collier County Water- Sewer District, approve and authorize the Chairman to execute Amendment No. 2 to Contract 00-3122 ,the Professional Services Agreement with Water Resource Solutions, Inc., to provide additional professional engineering services for the design and construction of the NCWRF Deep Injection Wells. PREPARED BY: REVIEWEDB :(~Y Public Utili_ties~E~ngineeringDepartmentDATE: Jo~ Cheatham, Wastewater Director Public Utilities Division REVIEWED BY: ::'. ,~.~0 ffA~ DATE: Wilii~m ~uil~-P.E., Principal Project Manager Public Utilities Engineqring ~ep~rtment REVIEWED BY: ~~ ~, ~~ SteCe~nell, ~irector Purchasing Department REVIEWED BY: %~~ ~ DATE: Roy ~ Anderson, P.E.~ector Public Utilities E~i~eri~ Department ~mes ~.DeLony, P.~. Administrator tilities Div[sion ~/~i p~~E.Se DATE: Mohan V Thamp', nior Project Manager DATE, ~/0~/0q DATE: MVT'mvt Water Resource Solutions 428 Pine Island Road SW ,. Cape Coral, Florida 33991 239 574-1919 Fax:239 574-8106 February 9, 2004 Mr. Mohan Thampi, P.E., R.E.M. Project 154 anager Collier County Public Utilities County Government Center 3301 East Tamiami Trail, Bldg. H Naples, Fl. 34112 Re: NORTH COUNTY WATER RECLAMATION FACIJolTY DEEP INJECTION WELL AMENDMENT 2 TO PROFESSIONAL SERVICES AGREEMENT PLIED No. 73948 Dear Mr. Thampi: I am providing this letter to explain the basis for the requested contract increases for the North County Water Reclamation Facility (NCWRF) Injection \Veil Engineering Contract for \Vater Resource Solutions. The areas for which additional funds are being requested include: Consultant costs for the additional time required to provide on-site regulator3.' (FDEP) required monitoring for the extended period of time required to construct IV~;-I, IW-2, and the monitoring ,;,,ells ($234,000 - Contract Task Engineering, regulator)', and contractor coordination for the design, regulatory approval. and contractor negotiations for the alternate design of IW-2 ($105 gO-Contract Task A.4) Additional administrative costs associated with the extended time required (approximately 130 days) to complete this project, re-designing and obtaining FDEP approval for the dual zone monitoring well, and additional time incurred for the development, implementation, and testing associated with the set-up and operation of the emergency pumping system ($27,398 - Contract Task A6). Changing the permit status of the deep well access road on Goodlette-Frank Road from a temporary access point to a permanent access point ($12, 650 Contract Task A. 11). Total additional costs being requested is $284,628. Noo '"7 MAR 2 3 200 The reasons for the requested cost adjustments are provided below: BACKGROUND FOR ADDITIONAL CONSTRUCTION SERVICES ADJUSTMENT FOR I~V-I On March 19, 2003, Water Resource Solutions notified the Florida Department of Environmental Protection (FDEP) and Collier County (County) about the abnormal conditions encountered in the subsurface at the NCWRF. Unexpected geological conditions were encountered when drilling IW-1. Regions with significant voids were encountered during the drilling of the pilot hole for IW- 1. Three available design options for selecting alternate setting depths for the 24- inch casing for IW-lwere considered along with the potential to abandon the well: The three casing setting depth options were: Set the 24-inch casing at approximately 2550 feet as originally designed, Set the 24-inch casing at 1680 feet to avoid the cavernous unit between 1700 and 2300 feet, or Utilization an alternate design to bypass the cavernous zone between 1700 and 2270 feet,. After discussing the casing setting options with the FDEP, Lloyd Horvath of Water Resource Solutions notified Collier County in a memorandum dated March 26, 2003 that the subsurface conditions at the NCWRF were different than originally anticipated. As indicated in the memorandum, the top ora highly transmissive and cavernous interval was intersected at a depth of 1700 feet below land surface and extended to a depth of approximately 2270 feet below land surface. The target injection interval was intercepted at a depth of 2600 feet, near where it was anticipated to be. A confining unit of several hundred feet was found to exist between the depths of 2300 and 2600 feet below land surface and another several hundred feet of confining unit were found above 1700 feet. On April 11, 2003, Mark Pearce and Lloyd Horvath met with Mr. Roy Anderson, Mr. Bill Mullin, and the County's Project Manager, Mr. Mohan Thampi, to discuss the available alternatives. The issues discussed at that meeting included confinement of the injected water, additional time required to complete the well, the time delay anticipated with an alternate completion design for this well, and the potential costs for the different options. Water Resource Solutions ultimately provided the County with four different construction options including: (1) Use gravel to fill voids and proceed as originally planned and designed to install the 24-inch casing at the 2,550 case setting depth; (2) Abandon the well; (3) Relocate the 24-inch casing setting depth to a point above the voids which would be 1,680 feet; or (4) Provide an alternative design where a smaller 20-inch casing would be installed inside the 24oinch casing that would allow the well to be completed at the target depth without the need to place gravel in the void regions. The cost, timing, and regulatory issues were discussed for each option. For Option 1, the estimated costs were given a range of $100,000 to over $1,000,000 because of the unknown volume of the voids. Actual costs would be dependent upon the actual size of the voids. However, a better understanding of the potential cost could be obtained by filling the pilot hole prior to reaming the 34-inch hole required for installation of the 24-inch injection casing. 2 3 200 Option 1 preserved the maximum amount of confinement available against vertical migration of injected wastewater. Injection under this ~v0uld tak~ pl~Ce at a point 1550 feet below the lowermost underground source of drinking water (USDW) and would be separated from the lowermost USDW by at least two thick confining units. Originally, option 2 appeared to be the least costly option and most attractive for minimizing xvell construction problems. However, this option required a significant reduction in the amount of available confinement offered against vertical migration. In response to FDEP concerns about the limited confining interval thickness, additional packer testing was attempted in the open hole between 1300 and 1400 feet below land surface. Unfortunately, packer tests below approximately 1400 feet could not be performed due to enlarged hole conditions. Without the ability to adequately test the interval between 1400 and 1700 feet and with only one core from this region, the FDEP was hesitant to approve the use of an injection interval located only 650 feet below the base of the USDW. Since no techniques were available to establish additional confinement above 1700 feet, this option would not likely be permitted without construction of another well for packer testing and the collection of additional cores. The additional costs, time, and uncertainties associated with this option resulted in rejection of this option. Option 3 offered the advantages of preserving the amount of confinement and provided a fixed cost design. However, Option 3 required the installation of 20-inch final casing rather than the 24-inch casing and a commensurate reduction in the capacity of the well from approximately 18MGD to 12 MGD. Because of the major pipe size changes at this late date and the need to provide a special seal, the cost estimate rapidly rose above $1,500,000 and a time delay of several months was predicted. This option, for this well, was not considered viable. Abandoning the well was considered the most costly option with respect to time and money. If the well was abandoned, the project would be set back a minimum of two years due to regulatory issues, and the minimum cost to relocate the wells was estimated to be over $23,000,000 based on a previous study to identify the optimum surface location for these wells. Based on the above information, the need to remain on schedule along with the desire to maintain full capacity and maximum confinement in the most cost-effective manner, the County's Project Manager made the decision to move ahead with the original design by first determining if the pilot borehole could be filled with gravel. The pilot hole was cemented and graveled back to a depth of 1,612 feet while only using approximately 10,000 cubic feet of gravel at a cost of $50,000. Based on this knowledge, the decision was made to continue with the original construction design for the well as previously recommended. Gravel was to be used to fill those voids behind the casing which were incapable of being filled with cement. Filling of the pilot hole with gravel where required began on April 15, 2003. Filling of the pilot hole with gravel and cement was completed on April 27, 2003. Up to $200,000 of gravel was authorized to address this issue of filling the voids. After drilling the 34-inch borehole to 2575 feet for installation of the 24-inch casing, the 24-inch casing was set in the hole. Cementing and graveling of the 24-inch casing, with permission from the FDEP was initiated on June 1, 2003 and was completed on July 9, 2003. At this point, the well construction portion of this project was behind schedule by approximately 90 days. In the end, an additional 90 days and a total of 40,799 cubic feet of gravel were required to be placed in the pilot hole and behind the casing during the construction oflW-1. The total cost for the gravel used in [W-I ,,vas $172,796.50. CONSULTING/WELL CONSTRUCTION MONITORING COSTS FOR THE CONSTRUCTION OF IW-I, THE DUAL ZONE MONITORING WELL, AND IW-2 Water Resource Solutions provided on-site services over the entire well construction period for this site on a 24 hour a day, 7 day per week schedule based on construction requirements. The original budget allowed for up to 240 days of well construction monitoring and testing as required by the Florida Department of Environmental Protection. Currently, we have utilized approximately 345 days for monitoring the construction and testing of these wells and there are approximately 25 days remaining until the construction oflW-2 is complete. Therefore, Water Resource Solutions is requesting that our construction and testing monitoring budget (Task A.8) be increased by $234,000 (130 days) for the additional time that may required to complete the above wells. Task A.8 is a time and expense item. ALTERNATE DESIGN AND REGULATORY COORDINATION Based on the extended time required to drill and complete IW-1, the potential unknown costs associated with trying to fill void spaces in the subsurface, and the desire to provide additional cost benefits such as additional corrosion protection, Water Resource Solutions developed an alternative design for the construction of IW-2. The alternative design proposed by Water Resource Solutions was developed to minimize the time required to complete IW-2, to allow a fixed cost to be assigned to the construction of this well, and to provide the County with additional cost benefits in that the County would gain an additional casing string and therefore added corrosion resistance of the overall injection string (Figure 1) while minimizing consultant monitoring costs. The key elements of this design included: A design that could be implemented in stages. In the absence of a cavernous unit, 6nly an incremental cost for installing the 42-inch casing set to 1700 feet and restocking costs of the 34-inch casing would be required. A seal between the 42-inch and 34-inch casing could easily be constructed for minimal cost. The ability to make this seal eliminated the need for the far more expensive seal that is required between a casing and the formation in the absence of setting the 42-inch casing, An additional casing string would be set through the cavernous zone. This casing and the cement sheath placed between the 34-inch and 24-inch casing would provide longer term resistance to casing corrosion. The FDEP viewed these changes as positive improvements under the current circumstances. MAR 2 3 200 · Well construction time would be minimized and therefore, the well would be ready to put in service at an earlier date. · Site access by other contractors could begin at an earlier date, and · Well construction monitoring costs would be reduced by approximately $162,000 by minimizing construction delays due to cavernous regions. However, it was recoghized that the problems encountered during the construction of IW-I may not be encountered during the construction of IW-2 or that conditions might not warrant the revised design. Therefore, construction of IW-2, based on the alternate design, was to progress in stages. This approach was approved by the Florida Department of Environmental Protection. The one clear exception was the need to install the 42-inch casing first rather than the 34-inch casing.. This design, which was considered superior to the original design if voids were encountered, was approved by the FDEP based on hole conditions encountered in IW-1. If required, this approach was designed to save the County approximately $162,000 in engineering/ geological monitoring costs and 90 days in construction time. An additional $10,580 is requested for the development of the alternate well design to circumvent the cavernous region and improve the overall integrity of the well. These funds also include regulatory coordination time spent to obtain verbal FDEP acceptance of the concept, contractor coordination and negotiations, and preparation of a minor permit modification from the FDEP for the alternate design. The cost for this work is included in the attached table. In the end, due to the nature of the hole, the complete alternate design was not required, and the 34-inch casing did not need to be installed. Ultimately, with the direct exchange of the 42-inch surface casing for the 34-inch surface casing, the only additional construction cost for IW-2 was the cost of gravel and some additional time required for construction monitoring. The volume of gravel required to complete IW-2 was 10,690 ft3 @ $5.00/ft3 for a cost of $53,450.00. The County authorized the contractor, Youngquist Brothers, Inc., an initial $100,000 to fill the voids in IW-2. CONSTRUCTION ADMINISTRATION Water Resource Solutions is also requesting that additional funds be provided for the added time required to administer this project. Basically, Water Resource Solutions provided contract administrative services for $266/day based on costs provided in Amendment 1. For the extra time spent administering this project, Water Resource Solutions is requesting an additional $27,398. This costs includes normal administrative costs and costs associated with: (1) Providing the County with the options and information necessary to determine how to proceed with the construction of IW-1, (2) Contractor negotiations; (3) Developing the details and the agreement for the emergency pumping system; (4) Additional monitoring and supervision required for the injection test on IW-1 due to the use of the County pumping system; and (5) Re- designing and obtaining FDEP approval for the re-design of the dual zone monitoring well. Water Resource Solutions also provided critical monitoring of the construction of_13~-2 and AGENDA .~0._/& C 7 2 3 200 PGo_ 8 prevented the unnecessary shipment and return of the 34-inch casing identified in the alternate design, which saved the County a minimum "" o~ $.~6,000 in additional contractor costs. In summary, Water Resource Solutions is requesting $27,398 for additional administrative services for this project. CHANGE STATUS OF ACCESS ROAD The County has requested that the temporary status of the access road to the deep injection well drill site at the NCWRF be changed to permanent status. Water Resource Solutions will assist the County in obtaining the desired permit from the FDEP. The services to be provided include: a pre-application meeting with the FDEP; Obtain and review data from the South Florida Water Management District (SFW1VD) on the drainage area upstream of the access road and drainage capacity downstream of the access road; Prepare a permit application and appropriate supporting documentation for the status change; Coordinate permit application submission for Collier County; and Respond to comments from the FDEP regarding the permit application. These services will be provided for a lump sum fee of $12,650. The cost for changing the status of the access road is included in the attached table. The total proposed adjustment in this Amendment, Amendment 2, is $284,628, and is included as attachment 5 to this document. A revised schedule is included with Amendment 2. If you have any questions, please contact me at your earliest convenience. Sincerely, Mark S. Pearce, Ph.D. Senior Scientist List of Attachments: 2. 3. 4. 5. Summary Tables For Additional Costs Water Resource Solution Project Cost Adjustment Detail TKW Cost Adjustment Detail for Access Road Permit Diagram of IW-2 Alternate Design Amendment 2 to Professional Services Agreement NO. /_ MAR 2 3 200 PG. ~' ATTACHMENT 1 TABLE OF ADDITIONAL COSTS AG£~A IT£1,t ~ liAR 2 3 200~, ADDITIONAL COSTS FOR NCWRF INJECTION WELL CONSTRUCTION TABLE lA ADDITIONAL ENGINEERING COSTS FOR WELL MONITORING Item I I cost 1. Consultant Construction Monitoring Services {Contract Task A-7) $ 234,000.00 2. Alternate Well Design $ 10,580.00 3. Additional Administrative Costs $ 27,398.00 4. Access road status change {Contract Task All) $ 12,650.00 TOTAL $ 284,628.00 TABLE 1 B TOTAL ADDITIONAL PROJECT COSTS Item I I Cost 1. Total Engineering Cost Adjustment $ 284,628.00 2. Total Construction Cost Adjusment $ 747,040.50 TOTAL PROJECT ADJUSTED COST $ 1,031,668.50 I AGENpA ]TEI, I ~o. HAR 2 3 2004 PG.,, ATTACHMENT 2 WATER RESOURCE SOLUTIONS PROJECT COST ADJUST~IENT DETAIL 2 3 2OO/, PG._~ l- Z LU Z LU I-- Z UJ 0 Z 0 0 0 ~o. //:. (%. ~ MAR 2 3 ~00~ P~. ATTACHMENT 3 TKW COST ADJUSTMENT DETAIL FOR ACCESS ROAD PERMIT Z LIJ O. ILl LIJ ~AR 2 3 ?oo~, ATTACHMENT 4 DIAGRAM OF IW-2 ALTERNATE DESIGN AGENDA ZT£1~ ~ · Proposed Revised Collier Injection Well IW-2 Completion REVISED 7123103 Land Surface Base of 48-inch casing @ 395 feet 42-Inch O.D., 0.375 wall Casing Base Of USDW @ 1050 ft Base Of Surface Casing and Top of Highly Cavernous Unit 0.375 Wall, 34 O.D.-Inch Casing ;al between 34 and 42-inch pine Void area, double cased 2300 fl 2400 ft 0.5-Inch wall, 24 -inch O.D. Casing Top Of Injection Interval 'at 2600 fl : ,~"- .' '~: Cement Base of 34-inch casing would be ~; pressure grouted in place as high as possible. Anticipated 50 to t00 feet of . . ATTACHMENT 5 AMENDMENT 2 TO PROFESSIONAL SERVICES AGREEMENT ! MAR ~. 200~ PG. "NORTH COUNTY WATER RECLAMATION FACILITY DEEP INJECTION WELL" AMENDMENT NO. 2 TO PROFESSIONAL SERVICES AGREEMENT This AMENDMENT to the Agreement dated October 9, 2001 (hereinafter "AGREEMENT") is made and entered into this __day of ,2004, by and between the Board of County Commissioners for Collier County, Florida, a political subdivision of the State of Florida and ex-officio the governing board of the Collier County Water-Sewer District (hereinafter referred to as the "County" or "OWNER") and Water Resource Solutions, Inc., a Florida corporation, authorized to do business in the State of Florida, whose business address is 428 Pine Island Road SW, Cape Coral, FL 33991 (hereinafter referred to as the "CONSULTANT"). WITNESSETH WHEREAS, the OWNER and CONSULTANT have a valid professional engineering service agreement for the provision of professional engineering services for the "North County Water Reclamation Facility Deep Injection Well" project (hereinafter referred to as the "PROJECT"), said services being more fully described in the said AGREEMENT; and WHEREAS, OWNER and the CONSULTANT agree some modifications to the basic services and additional services being contemplated under said AGREEMENT are necessary in light of changes in the construction effort by the addition of a second deep injection well; and WHEREAS, the CONSULTANT represents that he has expertise in the type of professional services that will be required for the completion of the PROJECT. AGENDA IT'£~. HAR 2 3 200/, NOW, THEREFORE, in consideration of the mutual covenants and provisions contained herein, the parties hereto agree as follows: ARTICLE ONE 1.1. CONSULTANT shall provide to OWNER professional engineering services in all phases of the PROJECT to which this AMENDMENT applies. 1.2, As a result of changes in the construction effort due to the geological conditions encountered at the North County Water Reclamation Facility the original time estimated to complete the work has been extended, CONSULTANT shall provide professional services in addition to those professional services outlined in the said AGREEMENT as noted in the revised Schedule B - Attachments A and C; and Schedule C, as attached hereto. Additionally, CONSULTANT'S compensation for services under the AGREEMENT shall be adjusted as provided in Adicle Two of this AMENDMENT. 1.3. Based on the utility of the temporary access road to the construction site for the deep injection wells, the County desires to make this a permanent access route to the site. Therefore, CONSULTANT will provide additional professional services outlined in this AGREEMENT as noted in the revised Schedule B - Attachments A and C and Schedule C as attached hereto. Additionally, CONSULTANT'S compensation for these services under the AGREEMENT shall be adjusted as provided in Article Two of this AMENDMENT. ~0. ~., PIAR 2 3 200 ARTICLE TWO 2.1 OWNER agrees to compensate CONSULTANT for services rendered hereunder as prescribed in Schedule B, entitled "Basis of Compensation", as outlined in said AGREEMENT with the modifications to Attachments A and C to said AGREEMENT which are attached hereto and made part hereof. ARTICLE THREE 3.1 All articles in said AGREEMENT, as amended, shall remain in full force and effect, and shall not be modified by this AMENDMENT. AGENDA ~0.~~.~ MAR 2 3 200 IN WITNESS WHEREOF, the parties hereto have executed this AMENDMENT to the Professional Services Agreement for "North County Water Reclamation Facility Deep Injection Well" the day and year first written above. ATTEST: Dwight E. Brock, Clerk By: BOARD OF COUNTY COMMISSIONERS FOR COLLIER COUNTY, FLORIDA, A POLITICAL SUBDIVISION OF THE STATE OF FLORIDA AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER- SEWER DISTRICT Date: By: Donna Fiala, Chairman Approved as to form and legal sufficiency: Assis{ar~t-C~'un{~y Attorney Witness Witness WATER RESOURCE SOLUTIONS, INC. Lloyd E.*Horvath, P.E., President (CORPORATE SEAL) 2 3 2DO Contract 00-3122 SCHEDULE B-ATTACHMENT A SCHEDULE OF FEES FOR BASIC SERVICES Amendment No. 2 TASK Original Amendment Amendment Amount No. 1 No. 2 Amount Amount A.2 Design Evaluation Lump sum $4,000 $4,000 $4,000 A.3 Preliminary Design Lump Sum $172,521 $172,521 $172,521 A.4 Final Design Lump Sum $323,433 $323,433 $334,013' A.5 Contract Award Lump Sum $28,845 $28,845 $28,845 A.6 Construction Administration Lump Sum $221,586 $263,586 $290.984* BASIC SERVICES SUBTOTAL: $750,385 $792,385 $830,363* * Indicates item cost increase SCHEDULE 13 - ATTACHMENT C SCHEDULE OF FEES FOR ADDITIONAL SERVICES Amendment No. 2 TASK Original Amendment Amendment Amount No. 1 No. 2 Amount Amount A.7 CONSTRUCTION SERVICES Time and Expenses $356,065 $603,915 $837,915' A.8 UIC PERMIT COORDINATION Time and Expenses $8,334 $8,334 $8,334 A.9 PUBLIC RELATIONS PROGRAM Time and Expenses $7,000 $7,000 $7,000 A.10 OPERATIONAL PERMIT Time and Expenses $16,820 $16,820 $16,820 A.11 MISCELLANEOUS SERVICES Time and Expenses $25,000 $25,000 $37,650* ADDITIONAL SERVICES SUBTOTAL: $413,219 $661,069 $907719* * Indicates item cost increase SCHEDULE C PROJECT SCHEDULE - Amendment 2 Item Description Completion Time A.2 Conduct Tasks A.2. Two (2) months from Authorization to Proceed. A.2 Final Report Task A.2. Ten days from receipt of comments from the OWNER. A.3 Submit Preliminary Design and UIC Permit Two months from acceptance by the Application. OWNER of the report from Task A.1. A.3 Finalize Reports Task A.3. Two weeks from receipt of comments by OWNER. A.4 Submit 95 percent design. Six months from acceptance of A.3 documents. A.4 Submit Final Design. Two Weeks from receiving comments from OWNER. A.8 Receive UIC Permit. Ten months from Authorization to Proceed. A.6 Completion Report for One Injection Well, Twenty-eight (28) months from Authorization IW-1, and DZ Monitoring Well to Proceed. A.6 Completion Report for Second Injection Well, Thirty-two (32) months from Authorization to IW-2 Proceed. A.6 Record Drawings and O&M Manual. Forty-two (42) months from Authorization to Proceed. A.9 File Operational Permit Fifty-two (52) months from Authorization to Proceed. '~ I I AR 2 3 200 Date: RE: Contract: Thursday, February 26, 2004 00-3122 v~,,,~ NCWRF Deep Injection Well Construction To Steve:2/26 BCC Report: 2/26 Scanned, to Bonnie Project 73948 Amendment No.: Change Order/Work Order No. Amendment NO. 2 (Is going to BCC) Contractor/Consultant: Water Resource Solutions, Inc. Change Order/Work Order Amount: $284,628 Last BCC Approved Amount $1,453,454 Revised Agreement Amount $1,738,082 Overall Percentage Increase/Decrease 19.58% Additional monitoring services are required for injection wells due to unforeseen conditions encountered cavernous voids in subsurface, they were filled with gravel. Also, additional design and permitting were also required. As well as permitting for the new entrance road for permanent use. Steve's Acknowledgement: Date: J/O~/Og Scanned Date: Reviewed by Lyn Wood: Date: CONTRACT MODIFICATION CHECKLIST FORM PROJECT NAME: NCWRF Deep Iniection Well Construction PROJECT #: 73948 BID/RFP #: 00-3-1-1-2 MOD #: 2 AMOUNT OF THIS CHANGE $ $284,628 PO #: 201751 Work Order #:_ CONTRACT AMOUNT: ORIGINAL $1~163~604 CURRENT $1~738,082 (STARTING POINT) (INCLUDING THIS CHANGE ORDER) Last BCC Approved Amobnt $1,453,454 (LAST TOTAL AMT. REQUIRING BCC APPROVAL) Date of Last BCC Approval 5/14/02 Agenda Item # __16(c)11 Percentage of the change over/under current contract amount 19.58 % Formula: (Current Amount / Last BCC approved amount)-1 Results and Actions: If the change exceeds 10% BCC approval is required; under 10% reported to BCC on Purchasing report. CURRENT COMPLETION DATE (S): ORIGINAL: CURRENT: SUMMARY OF PROPOSED CHANGE (S): Additional monitorinq services for injection wells due to unforeseen conditions encountered with voids; additional desiqn and permittin,q were also required. The new entrance road needs to be permitted for permanent use. JUSTIFICATION FOR CHANGE (S): Installation of the deep iniection wells were delayed by unforeseen conditions when cavernous voids in the subsurface were encountered. Decision made was to fill with .qravel. The chanqed conditions extended construction time which required additional time for inspection as required by FDEP The entrance road constructed is on a temporary permit and needs to be made permanent use. PARTIES CONTACTED REGARDING THE CHANGE: Collier County PUED, Water Resources Solutions, Inc., Younqquist Brothers, Inc., Wright Construction Corp., NCWRF, TKW Consulting En.qineers, Inc. IMPLEMENTATION STEPS (Verify each before proceeding with change using Y, N or N/A) _~Y Proposed change is consistent with the scope of the existing agreement _~Y Proposed change is in fact an addition or deletion to the existing scope _~Y Change is being implemented in a manner consistent with the existing agreement _~Y The appropriate parties have been consulted regarding the change _~Y Proposed prices, fees and costs set forth in the change are reasonable RECOMMEND: -" ~"~"/ ' ~ ~ Date: DO NOT RECOMMENI~: Date: / COMMENTS: Revised 8/22/03 ,0. 14"d.-- "l MAR 2 3 EXECUTIVE SUMMARY AMEND PROFESSIONAL SERVICES AGREEMENT 98-2891 WITH METCALF & EDDY, INC. FOR PROFESSIONAL ENGINEERING SERVICES ASSOCIATED WITH THE DESIGN AND CONSTRUCTION SERVICES FOR SCRWTP REVERSE OSMOSIS EXPANSION PROJECT, IN THE AMOUNT OF $536,200.00, PROJECT 70054. OB,~ECTIVE: To provide the continuation of professional engineering services (Task A.5 Construction Administration and Task A.7 Observation of Construction) necessary to support the construction of the South County Regional Water Treatment Plant (SCRWTP) Reverse Osmosis expansion project. CONSIDERATIONS: On May 10, 2000, County staff authorized the consultant Metcalf & Eddy, Inc. to provide Services During Construction, comprised of Task A.5 Construction Administration and Task A.7 Observation of Construction, in accordance with Professional Services Agreement 98-2891, which was executed on August 3, 1999. These tasks were necessary to support the SCRWTP Reverse Osmosis Expansion Project. Based upon the initial project schedule, it was originally anticipated that these services would be required for a period of 18 months. As a result of difficulties experienced by the project contractor in completing the work within the originally required time frames, on June 24, 2003, the County executed Amendment No. 2 to the Professional Services Agreement. This amendment increased the period of performance to reflect the construction contractor's revised anticipated completion date of October 4, 2003 and provided an increase in funding for the Services During Construction to be provided by our consultant during this period. Amendment No. 2 provided for a 7-month extension to the 20-month contract (18 month base plus one 2-month extension for permitting), thereby lengthening the project to a total duration of 27 months. Unfortunately, the project contractor continued to have difficulties in completing this project and the most recent accepted schedule shows a final completion date of May 24, 2004,'resulting in an 8-month extension to the construction contract, bringing total contract delays to 17 months, or a total project duration of 35 months. As a result, the Professional SerVices Agreement with M & E requires an Amendment No. 3 to Professional Services Agreement 98-2891. UEC has recently proposed a schedule update now under review with a final completion date of three additional weeks. Currently, construction progress on the project is continuing and the project is at 94% completion. Full completion of the project requires finishing the site and building construction, correction of deficient work, and performing the checkout, testing and trial operation of the treatment plant components. Staff has determined that the proposed fee for this increase in engineering services is commensurate with that of previous scopes of work for this project and, as such, is deemed to be fair and reasonable. This Executive Summary has been reviewed by the County Attorney's office for legal sufficiency. ~o. ! ~ MAR 3 200 Amendment To Professional Services Agreement 98-2891 Page 2 of 3 The services needed are comprised of two tasks, Project Administration and Project Observation, which total $536,200 and include the following work for services through June 1, 2004: Project Administration-- The consultant will continue to perform basic office engineering to include: performing daily construction administration activities and coordination of construction observation, assembling manufacturers' warranties and certifications of installations, maintaining a set of marked construction drawings based on as-built information provided by the contractor, reviewing shop drawings, samples, and mill tests, as well as the contractor's applications for payment, assisting with change order preparation, negotiating and recommending contractor claims and resolution, and making formal inspections of the project. The fee for this task is calculated at the previously agreed upon monthly contract rate for these services of $19,500.00 monthly applied to the 8 month time increase in contract time frame covered by this extension totalling $156,000.00. Project Observation-- Our consultant will continue to provide on-site services of multiple representatives to assist the County with the observation of the work performed by the project contractor in an effort to determine compliance with the intent of the project design and terms of the contract. The fee for this task, $380,200.00, is calculated as follows. Observation services for the single originally proposed on site representative for the 8 month increase in contract time period covered by this extension times the previously agreed upon monthly rate, based on 40 hours effort per week, of $18,300.00. This subtotal is $146,400.00. In addition to this base fee, supplemental inspection is required for the project including 2100 hours of effort for an Engineer II and 280 hours of effort for an Engineer VI totalling $219,800. Lastly, an amount of $14,000 is allocated for Other Direct Costs. This results in a total Project Observation amount of $380,200.00. The following summarizes Professional Services Agreement 98-2891: Original Agreement Amount Total Amendments to Date Amount of Amendment No. 3 $3,920,064.00 $1,193,099.00 $ 536,2OO.OO Total $5,649,363.00 FISCAL IMPACT: Funding for this amendment is included in the SCTWTP project, which is included in the FY04 Water Capital Budget, Water Impact Fee' Fund 411, approved by the Board on September 18, 2003. Source of funds is Water Impact Fees. GROWTH MANAGEMENT IMPACT: This project is needed to meet future potable water demands. The project is a part of the 2002 Water Master Plan Update adopted by the Board on February 25, 2003 as Agenda 10(A). I~0. /(~ c... HAR 2 3 200 PG.. ~ Amendment To Professional Services Agreement 98-2891 Page 3 of 3 RECOMMENDATIONS: That the Board of County Commissioners, as the Ex-officio Governing Board of the Collier Couhty Water-Sewer District, approve and authorize the Chairman to execute attached Amendment No. 3 to Professional Services Agreement 98-2891 with Metcalf & Eddy, Inc, for the continuation of professional engineering services (Task A.5 Construction Administration and Task A.7 Observation of Construction) necessary to support the construction of the SCRWTP Reverse Osmosis expansion project, in the amount of $536,200.00 pursuant to Contract 01-3194. PREPARED BY: /ff~~~ Roy/B. Anderson, P.E., Project Manager t and Director of Engineering REVIE~VED BY: Steve Carnell, Director [ Purchasing/General Services Department P?(ul l~_ttahscl~, Water Director .Public Utilities Division /.~5~es)W. DeLony, PIE., Administrator f__...~.~ Utilities Division [ DATE: DATE: ~'~/'/?~:~ AG£I~OA ITEM NO., /'& ~ }4AR 2 3 200t, ~'G._ ,.g' "SOUTH COUNTY REGIONAL WATER TREATMENT PLANT REVERSE OSMOSIS EXPANSION" AMENDMENT NO. 3 TO PROFESSIONAL SERVICES AGREEMENT This AMENDMENT to the Agreement 98-2891 dated August 3, 1999 (hereinafter "AGREEMENT") is lnade and entered into this day of , 2004, by and between the Board of County Commissioners for Collier County, Florida, a political subdivision of the State of Florida and ex-officio the governing board of the Collier County Water-Sewer District (hereinafter referred to as the "County" or "OWNER") and Metcalf & Eddy, Inc., a Delaware corporation, authorized to do business in the State of Florida, whose business address is 3740 Executive Way, Miramar, FL 33025, (hereinafter referred to as the "CONSULTANT"). WITNESSETH WHEREAS, the OWNER and CONSULTANT have a valid professional engineering service agreement for the provision of professional engineering services for the "South County Regional Water Treatment Plant Reverse Osmosis Expansion" project (hereinafter referred to as the "PROJECT"), said services being more fully described in the said AGREEMENT; and WHEREAS, OWNER and the CONSULTANT agree some modifications to the basic services and additional services being contemplated under said AGREEMENT are necessary in light of changes in the construction effort of the deep injection ~vells; and WHEREAS, the CONSULTANT represents that he has expertise in the type of professional services that will be required for the completion of the PROJECT. NOW, THEREFORE, in consideration of the mutual covenants and provisions contained herein, the parties hereto agree as follows: ARTICLE ONE 1.1 CONSULTANT shall provide to OWNER professional engineering services in phases of the PROJECT to which this AMENDMENT applies. 1.2 As a result in the changes in the construction effort of the RO Plant Expansion affecting the original scope of the project, CONSULTANT shall provide professional services in addition to those professional services outlined in the said AGREEMENT hs noted in the revised Schedule B - Attachments A and C as attached hereto. Additionally, CONSULTANT'S compensation for services under the AGREEMENT shall be adjusted as provided in Article Two of this AMENDMENT. ARTICLE TWO 2.1 OWNER agrees to compensate CONSULTANT for services rendered hereunder as prescribed in Schedule B? entitled "Basis of compensation", as outlined in said AGREEMENT with the modifications to Attachments A and C to said AGREEMENT which are attached hereto and made part hereof. ARTICLE THREE 3.1 All articles in said AGREEMENT, as amended, shall remain in full force and effect, and shall not be modified by this AMENDMENT. AG[ I~OA .0. ¢- IN WITNESS WHEREOF, the parties hereto have executed this AMENDMENT to the Professional Services Agreement for "South County Regional Water Treatment Plant Revrse Osmosis Expansion" the day and year first written above. ATTEST: Dwight E. Brock, Clerk BOARD OF COUNTY COMMISSIONERS FOR COLLIER COUNTY, FLORIDA, A POLITICAL SUBDIVISION OF THE STATE OF FLORIDA AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER- SEWER DISTRICT By Date: By: Donna Fiala, Chairman Approved as to form and Legal sufficiency: Assistant County Attorney Witness By: Mark S~Blanchard, V;~e President Witness MAR 2 3 200~ Z I- Z r~ Z uJl~ 0 TW 0 0 Ul Z Z Z 0 0 Z Z ~0 ~ 0 ~ 0 Z Z ~ o ~ o ~ ~ ~ 0 Z --~ ~ ZZ ~-- ~ 0 Z O0 o zz~ ~o. /~, ~ PIAR 2 3 200~ Z Z 0 0 0 uJ uJ 0~000 00~0 ~ 0 0 0 oo g~ ~gg ~ ~ ~ oo oo .i PIAR 2 3 200~ February 12, 2004 Mr. Roy B. Anderson, P.E. Director, Public Utilities Engineering Department Collier County Public Works 3301 E. Tamiami Trail, Building H Naples, FL 34113 Subject: Collier County SCRWTP Scope of Work - Amendment No. 3 - Basic Services PLIED Project Number 70054 Dear Mr. Anderson: This amendment is based on discussions held during our meeting of October 8, 2003 to review the status of M&E's continued services to Collier County on the above referenced project. At that meeting, it was pointed out that the contractor had recently revised his schedule for the project and has indicated that May 17, 2004 is now the expected completion date. Therefore, in order to provide adequate funding to allow M&E to continue furnishing services to the County during this extended construction period, it was determined that an amendment to our contract would be required. A description of the proposed amendment, along with a detailed financial summary, is presented below. M&E has worked diligently to ensure that Collier County received the services and facilities from the contractor that would meet their needs at a reasonable cost. Each of the activities listed has resulted in an escalation in the level of effort required to achieve the projecffs objectives and has been accompanied by a corresponding increase in costs, including those of our team subcontractors. We respectfully request your approval of this amendment, which is submitted for your review. Extension of Contractor's Completion Schedule As shown in UEC's October 2003 schedule, which has a run date of October 13, 2003, the anticipated completion date for this project has been extended and is now identified as May 17, 2004. This extension of time from October 4, 2003 until May 17, 2004 will require a corresponding increase in administration and construction observation on the part of M&E in order to meet the County's needs. P:/Eng/SCRWTP/Amendment No. 3 Basic.doc .0. 2 3 20Or, Mr. Roy B. Anderson, P.E. February l2,2004 Page 2 During this extended period of time, M&E will continue to perform basic services in keeping with our original contract, including daily construction administration activities and coordination of construction observation. Warranties and certifications of manufacturers' installations will be assembled and appropriate inspections will be performed. Further, a set of marked construction drawings, based on information provided by the contractor, will be maintained. M&E will also review shop drawings, samples, and mill tests, as well as the contractor's applications for payment. Change orders will be prepared and negotiated. Requests for clarifications and interpretations prepared by the contractor will be issued and formal inspections of the project will be conducted. M&E will also provide recommendations on the contractor's claims and their resolution. Construction Quality Assurance In May of 2002, M&E and Collier County's Project Manager discussed field quality assurance issues that were expected to be encountered as work progressed, due to the Contractor's schedule changes. During monthly progress meetings, the County staff's mentioned their concerns regarding quality assurance and the need for additional on-site representatives. M&E expressed reservations that one on-site representative was sufficient to provide the required level of observation of the work. Based upon these discussions, M&E and the County's Project Manager both agreed that it would be in the best interests of the County to authorize M&E to provide 1.5 additional on-site representatives immediately, to be compensated on a time and material basis. M&E responded and, on June 1, 2002, began to provide additional on-site representatives to ensure that construction quality would be maintained. In addition to George Papaioannou as the senior on-site manager, Joe Polansky and others were assigned as additional on-site representatives. Based on the contractor's current schedule, it is anticipated that this increased on-site representation will be required from October 4, 2003 through May 17, 2004. As a result of the developments described above, we respectfully ask that you consider our request to amend the contract to reflect the existing conditions and schedule for the reverse osmosis treatment facility and that the following amendments be implemented: Task A.5.A. - Increase in Construction Administration for the Plant Task A.7.A. - Increase in Construction Observation for the Plant $156,000.00 $380,200.00 Note: A5 tasks to be billed on a lump sum basis and A7 tasks to be billed on a time and material basis. p:/Eng/SCRWTP/Amendment No. 2 Mr. Roy B. Anderson, P.E. February l2,2004 Page 3 Although the contractor's current schedule has indicated a project completion date of May 17, 2004, in order to allow for adequate time to transfer files to the County and to de-mobilize from the jobsite, we have utilized June 1, 2004 as the date of our final involvement in the project for purposes of calculating the additional fees we have requested. We appreciate your thoughtful and careful consideration of this matter. Please be assured that our intentions have always been to serve the best interests of Collier County and all work on this project has been have executed in good faith. Technical proficiency and professional integrity are the hallmarks of our corporate philosophy and we have always directed all our efforts toward providing the County with value and quality for funds expended. Sincerely, METCALF & EDDY, INC. / Mark S. Blanchard Vice President c: Jay Ameno file P:/Eng/SCRWTP/Amendment No. 2 0 0 0 Z 0 Z 0 --~ CO --n --~ ~:::u m >m r-" ~_~ z _ rn Z Z-< m rn z z z · ' m ~' ~ z ~ 0 m Z ---4 · -4 m Z z m > ~m ~> I © 0 Z ...< m F- ro m IT1 m X 0 MAI? o .~o o CONTRACT MODIFICATION CHECKLIST FORM PROJECT NAME: SCRWTP RO Expansion Construction Services PROJECT #: 70054 BID/RFP #: MOD #: 3 AMOUNT OF THIS CHANGE $ 536,200.00 PO #: 917436 Work Order #: 98-2891 CONTRACT AMOUNT: ORIGINAL $ 3,920,064.00 CURRENT $ 5,549,363.00 (STARTING POINT) (INCLUDING THIS CHANGE ORDER) Last BCC Approved Amount $ 5,113,163.00 (LAST TOTAL AMT. REQUIRING BCC APPROVAL) Date of Last BCC Approval June 24, 2003 Agenda Item # Percentage of the change over/under current contract amount 10.5% Formula: (Current Amount / Last BCC approved amount)-1 Results and Actions: If the change exceeds 10% BCC approval is required; under 10% reported to BCC on Purchasing report. CURRENT COMPLETION DATE (S): ORIGINAL: 12/31/02 CURRENT: 6101104 SUMMARY OF PROPOSED CHANGE (S): Increase period of performance and level of funding necessary to allow for the continuation of the provision of Services during Construction on the above referenced project as a result of an 8 month extension to the construction contract. JUSTIFICATION FOR CHANGE (S): As a result of continued difficulties, experienced by the project contractor UEC, in completing this project and their recently revised anticipated completion date of May 24, 2004 which has resulted in an 8 month extension of the construction period of this contract. PARTIES CONTACTED REGARDING THE CHANGE: Roy Anderson, Project Manager IMPLEMENTATION STEPS (Verify each before proceeding with change using Y, N or N/A) YProposed change is consistent with the scope of the existing agreement Y Proposed change is in fact an addition or deletion to the existing scope Y Change is being implemented in a manner consistent with the existing agreement Y The appropriate parties have been consulted regarding the change Y Proposed prices, fees and costs set forth in the change are reasonable PROJECT MANAGER R~ION: APPROVE:.. /~/--~/~ Date: DISAPPROVE: / Date: COMMENTS: REVISED 9/9/03 AGEI~A [TEll ¢ '1, HAR 2 3 PG. /~. EXECUTIVE suMMARY ACCEPT AN AMMENDMENT TO A GRANT AGREEMENT WITH THE SOUTH FLORIDA WATER MANAGEMENT DISTRICT, PROJECT NUMBER 73164. OBJECTIVE: To obtain a time extension to a grant agreement that provides assistance with funding of a scheduled project to be performed by the Public Utilities Division. CONSIDERATION: On February 25, 2003, as agenda item 16(C)6, the Board of County Commissioners accepted Contract No. C-15062 from the South Florida Water Management District. The amendment to the Agreement is entitled as Contract No. C-15062-A01, South County Wastewater Service Area Inflow & Infiltration Study. This South Florida Water Management District (SFWMD), Big Cypress Basin Cooperative Agreement provides partial funding for the Inflow & Infiltration Study in the amount of $50,000. In a letter dated February 18, 2004, staff requested an amendment to the agreement to extend the "Period of Performance" by nine months due to delays in the project schedule caused by unanticipated delays in obtaining testing services for data collection necessary to complete the study recommendations. This amendment will extend the date of the agreement to December 2, 2004. The "Payment and Deliverable" schedule is also revised to reflect this change. FISCAL IMPACT: The required matching funds of $50,000 for project number 73164 are currently appropriated in Fund 414, Wastewater User Fees. Funds for this project are included in the FY 04 Capital Improvement Budget adopted by the Board on.September 18, 2003. GROWTH MANAGEMENT IMPACT: This project is consistent with the 2002 Wastewater Master Plan Update adopted by the Board on February 25, 2003, Agenda Item 10 (A). RECOMMENDATION: That the Board of County Commissioners, Ex-officio the Governing Board of the Collier County Water Sewer-District, accept the amendment to Contract No. C-15062-A01 with the South Florida Water Management District and authorize the Public Utilities Administrator to execute the amendment. AG[t~OA [TEN HAR 2 3 200 SUBMITTED BY: Harry Huber, Senior Project Manager Public Utilities Engineering Department Date: REVIEWED BY: William-m~ Muffin, P.E., Principal Project Manager Public Utilities Engineering Department REVIEWED BY: Roy Anderson, P.E., Director Public Utilities Enginee~rtment ~uWt ;litiDeesL,~l~ i n ist'ra,o r / Date: ~o. /~, HAR 3 200{ O SOUTH FLORIDA WATER MANAGEMENT DISTRICT AMENDMENT C-15062-A01 AMENDMENT NO. 01 TO AGREEMENT NO. C- 15062 BETWEEN THE SOU-TH FLORIDA WATER MANAGEMENT DISTRICT AND COLLIER COUNTY WATER SEWER DISTRICT This AMENDMENT NO. 01, entered into on , to that AGREEMENT dated March 17, 2003, between "the Parties," the South Florida ~ater Management District (DISTRICT), and collier county water sewer district (RECIPIENT). WITNESSETH THAT: WHEREAS, thc AGREEMENT may be amended with the prior written approval of the parties; and WHEREAS, the Governing Board of the DISTRICT, at its April 15, 2004 me. cling, approved entering into this AMENDMENT NO. 01 with the RECIPIENT; and WHEREAS, the parties wish to amend the AGREEMENT in order to extend the period of performance; NOW THEREFOP~, the DISTRICT and the RECIPIENT, in consideration of the mutual benefits flowing from each to the other, do hereby agree as follows: 1. The expiration date of the AGREEMENT is hereby extended by nine months, extending the AGREEMENT term to December 2, 2004. Regardless of the actual date of execution, this AMENDMENT NO. 01 shall be effective as of March 3, 200d. 2. All other terms and conditions ofthe AGREEMENT, az amended, remain unchanged. A~'~endrncm NO. 0! IO Agreeing! NO. C- 15062 -- Pase I of 2 TOTRL P.02 ITEM O SOUTH FLORIDA WATER MANAGEMENT DISTRICT AMENDMENT IN WITNESS WHEKEOF, the parties or their duly authorized representatives hereby execute this AMENDMENT NO. 01 on the date first written above. SOUTH FLORIDA WATER MANAGEMENT DISTRICT BY ITS GOVERNING BOARD By: Frank Hayden, Procurement Director Date: BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY FLORIDA By: Title: Amcndment NO. 01 to ASrcemcnt No. C- ! 5063 -- PIg¢ 2 of 2 TOTAL P.02 EXECUTIVE SUMMARY AUTHORIZE APPROVAL BY PUBLIC UTILITIES ADMINISTRATOR OF TWO ENGINEERING SERVICES WORK ORDERS UNDER CONTRACT # 01-3271, FIXED TERM PROFESSIONAL ENGINEERING SERVICES FOR COASTAL ZONE MANAGEMENT PROJECTS, WITH COASTAL PLANNING & ENGINEERING, INC, TO CONDUCT BOTTOM INVESTIGATION FOR PIPELINE AREA, AND TO, PREPARE FINAL PLANS AND SPECIFICATIONS, FOR COLLIER COUNTY / CITY OF NAPLES MAJOR BEACH RENOURISHMENT, PROJECT 90527, IN AN AMOUNT NOT TO EXCEED $271,000 OBJECTIVE: To obtain approval of two engineering services work orders for Coastal Planning and Engineering Inc (CP&E) to perform professional services to: 1) Perform underwater investigation in the area where the dredging pipeline is to be laid, and 2) Establish an Erosion Control Line (ECL), and design and develop the necessary engineering plans and specifications for the next major County Beach Renourishment Project. CONSIDERATIONS: The Coastal Advisory Committee has recommended a goal of renourishing the beaches next winter and CP&E has provided a budget estimate for the engineering services needed to design the new beach profile, establish an ECL, and generate plans and construction specifications. These work orders will be completed under the fixed-term contract (# 01-3271) for Coastal Zone Management Engineering Services with CP&E. CP&E is currently involved in obtaining the necessary federal and Florida Department of Environmental Protection (FDEP) permits that will allow renourishment activities to commence. When dredging commences, a pipe will be laid on the Gulf floor, and "hardbottom" areas within the pertinent corridor may be impacted. One of the work orders under consideration herein proposes an investigation of this corridor area and must be done to satisfy FDEP that any sensitive areas within this corridor will not be environmentally harmed. Also, before the permits are issued, plans and specifications must be in place so that the selected contractor can proceed with mobilization and begin the dredging. The ECL has to be established to make decisions regarding public vs. private property issues. The proposals were recommended for approval by the Coastal Advisory Committee at their meeting of February 12, 2004, and by the TDC at their meeting of February 23, 2004. Staff recommends approval of the work to continue the progress of the major beach renourishment project. FISCAL IMPACT: The attached proposals and cost spreadsheets indicate that a maximum of $271,000 are needed to complete the work. Source of funds is the Tourist Development Tax and funds are available in the project budget. GROWTH MANAGEMENT IMPACT: There is no impact to the Growth Management Plan related to this action. RECOMMENDATION: That the Board of County Commissioners authorize the Public Utilities Administrator to finalize negotiations and execute the two time and materials work orders, not to exceed $271,000, with Coastal Planning & Engineering for the necessary pipeline corridor hardbottom investigation and to develop the necessary engineering plans and specifications for the Collier County / City of Naples Major Beach Renourishment Project. AG£NOA IT£# ! ~ H,A,R 2 3 PG. SUBMITTED BY: ~ - .7 Date: 4- RoD Hovell, P.E., Coastal Projects Manag REVIEWED BY: /~,o-7~ ~'~ Date: Ro/B. Anderson, P.E., Public Utilities Engineering Director REVIEWED BY'.', ..~'~/~.~] .... ~,., ,1~2~_ _ t,te-_,/Z,). J//, _ ,o 0" ~C Date'. ,5¢/~//~¢__ Stephen Y. Camell, l~rchasin~ept Director APPROVED BY: ~ ~_~7--*--~, Date: //./3~W. DeLony, P.E., Public ~llities Administrator ~o.~~/ liAR 2 3 2OO/, PG. ~ WORK ORDER #CPE-FT-04-02 Agreement for Fixed Term Professional Engineering Services for Coastal Zone Management Projects Dated November 13, 2001 (Contract #01-3271) This Work Order is for Professional Engineering Services for Coastal Zone Management Projects for work known as Borrow Area N5 and Pipeline Corridor Marine Resources Investigation {90527) The work is specified in the proposal presented March 5, 2004, which is attached heretc~ and made a part of this Work Order. In accordance with the Terms and Conditions of the Agreement referenced above, Work Order #CPE-FT-04-02 is assigned to Coastal Planning & Engineering. Scope of Work: a. TaskI -BorrowAreaN5 HardbottomInvestigation b. Task II - Proposed Pipeline Corridor Hardbottom Investigation c. Task III - Report Development and Submittal Schedule of Work: Complete all tasks as directed within 45 days of receipt of Notice to Proceed. Compensation: In accordance with Article Five of the Agreement, the County will compensate the Firm in accordance with the negotiated time and materials, not-to-exceed amount provided in the schedule below (use the established hourly rate(s) as enumerated in Schedule "A" of the Agreement). Time and Materials TOTAL (not to exceed) $124,298 Any change within monetary authority of this Work Order made subsequent to final department approval will be considered an additional service and charged according to Schedule "A" of the Agreement. HAR 2 3 200 , PG. ¢ PREPARED BY: R. Shane Cox, P.E., Coastal Projects P.M. REVIEWED BY: Date REVIEWED BY: RonHovell, P.E., Coastal Projects Section Manager Date Roy B. Anderson, P.E., PUED Director REVIEWED BY: Stephen Y. Carnell, Purchasing/General Svcs Director AUTHORIZED BY: James W. DeLony, Public Utilities Administrator ACCEPTED BY: Coastal Planning & Engineering Date Date Date Authorized Company Officer Thomas J. Campbell, P.E., President Type or Print Name and Title Date Borrow Area N5 and Pipeline Corridor Marine Resources Investigation North Collier County Renourishment Project Scope of Work March 5, 2004 Task 1 - Introduction This Scope of Work has been prepared in response to Collier County's interest in implementing a comprehensive shore protection project between Florida Department of Environmental Protection survey control monuments R-22 and R-80, along approximately 11 miles of coastline. Coastal Planning & Engineering, Inc. (CPE) conducted a side scan sonar survey of the nearshore region of the study area for Collier County in February 2003. The results of these investigations documented the presence of extensive nearshore hardbottom habitats that may be affected by beach nourishment activities in the study area. During the February 2003 side scan sonar investigations, approximately 500 acres of potential/probable hardbottom habitat was documented within 1,000 feet of the shoreline. Subsequent side scan sonar investigations were conducted to map significant marine resources within and adjacent to potential project Borrow Area N5; and along the nearshore and offshore portion of five or six pipeline corridor which will be used to transport material from the dredge to the project fill site. These surveys were finalized in Jan. 2004. The investigations proposed under this Scope of Work are designed to identify and characterize significant marine resources near Borrow Area N5 and within the proposed pipeline corridor to determine the presence or absence of resources and the potential affect of project activities on these resources. The extent ofhardbottom and/or marine resources located along potential pipeline corridors is extensive, and may require a second round of investigations. This phase of the investigations will focus on delineation of nearshore resources; classified as those lying generally landward of the twenty foot depth contour, and four areas of confirmed hardbottom adjacent to the N5 borrow site. The nearshore region extends beyond the coverage of the Feb. 2003 survey and the recent Marine Resources Investigation. Additional investigations will entail the performance of bounce dives necessary to confirm and verify the results of the January 2004 side scan sonar survey findings of potential and probably hardbottom resources. Potential hardbottom resources, as identified by the remotely sensed side scan sonar survey provide returns that indicate a change in bottom composition from sandy to shelly material or the presence of low relief hardbottom. Probable hardbottom signatures are defined as those that have higher relief or other anomaly that indicate the presence of persistent marine resources. Based on the findings of these investigations, further characterization studies may be necessary to accurately assess the potential for project affect on the resource, and these additional services shall be proposed to Collier County under a separate scope of work, if required. Development ofproj ect related Federal documentation and evaluation products including, but not limited to Environmental Assessment, Environmental Impact Statement, Biological Assessment, Biological Opinion, Essential Fish Habitat, are not included in this Scope of Work, but will rely on the information to be developed in this effort. The focus of the investigation, as described above, will be near Borrow Area N5 and along the nearshore portion of the proposed pipeline corridors not previously investigated by CPE. The proposed Scope of Work has been separated into three activities: · Hardbottom investigation at five sites adjacent to the Borrow Area N5; M0.. /6, D I AR 2, 3 200, PG,.~ __ Borrow Area N5 and Pipeline Comdor Marine Resources Investigation North Collier County Renourishment Project Scope of Work March 5, 2004 Hardbottom investigation within and adjacent to the three pipeline corridors used by Collier County to construct the 1995 project · Hardbottom investigation within and adjacent to two additional pipeline corridors; and Analysis of investigation results, and preparation of a report detailing the findings of the studies, that will be submitted to the appropriate State and Federal resource protection agencies having jurisdiction over project approval. The hardbottom investigation study areas will be delineated based on evaluation of the results of the side scan sonar surveys conducted in February 2003 and a survey conducted in January 2004. Those areas not described as falling within the specific study areas are not being investigated due to the lack of evidence that marine resources are present, or they fall outside of the zone of probable affect from beach nourishment project activities. Investigation of significant marine resources within and adjacent to other areas of construction activity are not included in this Scope of Work. The fee for this project will be hourly not to exceed $124,298. Task 2 - Borrow Area N5 Hardbottom Investigations Evaluation of available side scan sonar survey results indicates that marine resources exist adjacent to Borrow Area N5. The January 2004 side scan sonar survey identified the presence of potential marine resources in the area, and six days of field investigations are proposed to verify the location of and characterize the hardbottom resources in a manner consistent with state and Federal agency requirements utilized in Collier County during CPE's 2003 nearshore marine resource investigations. Due to the nature and extent of the nearshore hardbottom resources, CPE will utilize a team of professionals that includes a project manager, at least two marine biologists, and one hydrographic surveyor. All investigations will be conducted using SCUBA equipment and CPE's dive safety program requires that two divers conduct the underwater investigations, while a safety diver maintains watch at the surface. The hydrographic surveyor will be responsible for vessel positioning, equipment operation and acquisition of survey coordinates specified by the divers. The navigation and positioning system used during the investigations will be a Trimble AgGPS Global Positioning System (GPS) with Pro Beacon interfaced to the Coastal Oceanographic Hydrographics Data Collection and Processing program with correction from a U.S. Coast Guard Navigational Beacon. The Trimble Navigation system is designed for moderate precision static and dynamic processing applications. It provides real time and three dimension station coordinates and velocity measurements at a once per second rate. The GPS receives the civilian signal from the Global Positioning System (GPS) NAVSTAR satellites. The locator automatically acquires and simultaneously tracks GPS satellites and precisely measures code phase and Doppler phase shifts and then computes position and velocity based on these changes. The GPS automatically determines time, latitude, longitude, height, velocity, once per second. Similarly, range rate corrections are computed every second, transmitted to the survey vessel via radio link, and are automatically applied to the onboard GPS receiver. The Coastal Oceanographic Hydrographic Data Collection and Processing (HYPACK) program is a state- of-the-art navigation and hydrographic surveying system. On-line screen graphic displays include the pre-plotted survey lines, the updated boat track across the survey area, adjustable left/right indicator, as well as other positioning information such as boat speed, quality of fix and line bearing,. All data M0. ~__~ Itt 2 ' 2 3 200 Borrow Area N5 and Pipeline Corridor Marine Resources Investigation North Collier County Renourishment Project Scope of Work March 5, 2004 obtained is recorded on the computer's hard disk and transferred to a CD-Rom or floppy disk at the end of each day, providing a back-up of the raw survey data. Navigational control will be maintained on an IBM compatible PC running HYPACK software. The HYPACK software is configured to acquire data from the differential GPS receiver system, and can be used to display the survey plan superimposed on NOAA navigational charts. The major advantage of this software is the capability of establishing tracklines and specific targets for each of the sites prior to data collection. A monitor in the wheelhouse provides relative course correction information to the helmsman. Once the survey vessel has reached the site, divers will enter the water and commence underwater investigations of the area. Due to the minimal underwater visibility customarily found in the waters of Collier County, and the limitations associated with reduced visibility, we anticipate that underwater site investigations within, and adjacent to the N5 Borrow Area will require approximately six days to accomplish. Researchers will conduct investigations to groundtmth, characterize, or verify the presence ofhardbottom resources identified during the side scan sonar survey. Hardbottom edges, biological communities, and approximate hardbottom relief (rugosity) estimates will be obtained during this phase of the investigation. Table 1 provides the nature and extent of the investigations proposed during this phase of the project. Table 1 Borrow Area N5 Itardbottom Investigations Site Name Activit~ AGRRA Transects Transect Length N5A Characterization 4 30 Meters N5B Characterization 3 30 Meters N5C Characterization 2 100 Meters* N5D Characterization 3 30 Meters N5i Bounce Dive N/A N/A N5ii Bounce Dive N/A N/A N5iii Bounce Dive N/A N/A Site N5C is located between the N5 Borrow Area and the proposed rock dump site and therefore a more comprehensive investigation of the resource is warranted. Investigators will document, through still and integrated digital video photography; the biological communities associated with the marine hardbottom resources and provide a characterization of the selected study sites. Based on historic data and community type, an estimate of hardbottom exposure (ephemeral or persistent exposure) will also be provided. The study will investigate probable impact sites (within 500 feet of the proposed borrow area boundaries) as the first priority. The investigation will assess resources of probable impact as well as those outside of the zone of probable impact to the extent allowed during the six days of investigations. Survey site locations will be documented using State Plane coordinates that will be obtained for each study site. 3 Borrow Area N5 and Pipeline Corridor Marine Resources Investigation North Collier County Renourishment Project Scope of Work March 5, 2004 Temporary transects will be established at each hardbottom community study site selected for investigation during this phase of the project. Transects will be a minimum of 30 meters, and a maximum of 100 meters in length, depending upon the field conditions present and the nature and extent of the hardbottom community. Transects will generally extend perpendicular to the Borrow Area N5 boundaries to the greatest extent practical or perpendicular manner across the longest axis of the mapped hardbottom communities. Detailed data collection along the established transects within the selected study areas will be conducted to estimate and document percent cover and dominant benthic invertebrate and macroalgal species present over the nearshore hardbottom communities. Qualified marine biologists will utilize the Atlantic and Gulf Rapid Reef Assessment (AGRRA) methodology for assessment and characterization of benthic marine communities. Transect data collection and analysis will involve compilation of benthic marine species lists to document species composition (diversity) and abundance along the temporarily established transects in order to characterize habitat type and dominant species. Biological community type and dominant marine species will be documented and described. The assessment will be made every three meters along the selected transects and dominant species observed in each 25 x 25 cm quadrat shall be identified and an estimate of percent relative cover shall be made at each sampling site. The relative percent cover of turf, macroalgae and coralline alga within the transect lines and stations shall be documented during the hardbottom investigations of Borrow Area N5. Bounce dives at Sites N5i, N5ii, and N5iii will be conducted to verify the presence or absence of significant resources indicted in the January 2004 side scan sonar survey. The survey indicates a weak presence of potential hardbottom resources along the southern extent of the borrow area. Photographic documentation of the sites will be acquired during each site and the general characteristics of the sites will be obtained. Data obtained during these studies will be used to characterize those areas of probable impact and serve as the basis for modification of the Borrow Area N5 boundaries to avoid or minimize project related affects on these resources, if necessary. Collected data, in graphic representations, with possible inclusion of photographic documentation will be presented in a GIS format for County and agency review and use in evaluating the proposed project, and the resources present adjacent to Borrow Area N5. Observations of habitat rugosity and motile marine species will also be recorded during the investigations for incorporation into the Borrow Area N5 section of the Marine Resource Environmental Investigation Report. Underwater visibility and clarity conditions permitting, hardbottom investigation documentation will include color photographs and video collection of the significant marine resources along each transect and quadrat stations. For video data collection, a metric tape will be laid on the sea bottom along the length of the transect. The biologist will swim along the transect, following the metric tape while video photographing the benthic communities along the transect line. The video photographs will assist in providing qualitative and quantitative video documentation of the benthic macroinvertebrate and macroalgal communities. High resolution digital video imagery that allows frame-grabbing and digital image analysis shall be collected during each monitoring event if conditions permit acquisition. Species lists and point count analysis of the video record may be used to quantitatively evaluate nearshore hardbottom habitats along the transect lines. For still photographs, the video camera will be used to take high-resolution still pictures. If ~ '4 qram 4 HAR 2 3 200& PG. Borrow Area N5 and Pipeline Corridor Marine Resources Investigation North Collier County Renourishment Project Scope of Work March 5, 2004 camera is used, all photographs will be developed as high-resolution digital images, in addition to prints. The following parameters will be used in collecting quantitative digital video documentation: The video camera will be on wide-angle mode, and the distance from the seafloor to the video camera will be approximately 40 cm (at a reasonably constant distance from the seafloor). · The camera will be perpendicular to the seafloor or surface of structure. · . The video will be taken at a swim speed that allows for clear images (approximately 15 feet per minute). CPE will attempt to coordinate our field investigation schedule for this field work with representatives of the Florida Department of Environmental Protection in order to allow them to participate in the investigations. We believe that having an agency representative present during the investigations will aid in coordination on future permitting and mitigation issues. Field investigations described herein are proposed to be conducted in early 2004. Due to the timing of the investigations, additional weather days may be needed to account for poor ocean conditions or reduced underwater visibility customarily present during the winter and spring months. Task 3 - Proposed Pipeline Corridor Hardbottom Investigation As noted previously, CPE will investigate and characterize the nearshore portion of the pipeline corridor utilized during the 1995 project and up to two additional corridors. Investigations will commence at the seaward edge of the 2003 study area and extend to the edge of identified hardbottom resources mapped during the January 2004 side scan sonar survey. Temporary shore perpendicular transects will be established along the corridors to characterize the habitats present within the proposed one hundred foot wide pipeline corridors. The purpose of these investigations is to verify the location of and characterize the hardbottom resources in a manner consistent with state and Federal agency requirements utilized in Collier County during CPE's 2003 nearshore marine resource investigations. Due to the minimal underwater visibility customarily found in the nearshore waters of Collier County, and the limitations associated with reduced visibility, we anticipate that underwater site investigations within the five proposed 100 foot wide corridors will require approximately eight days to accomplish. CPE will utilize the same equipment, personnel, and methods described in above to perform the marine resource investigations within the pipeline corridors. Researchers will conduct investigations to groundtmth, characterize, or verify the presence ofhardbottom resources identified during the side scan sonar survey. Hardbottom edges, biological communities, and approximate hardbottom relief (rugosity) estimates will be obtained during this phase of the investigation. Table 2 provides the nature and extent of the investigations proposed during this phase of the project. Table 2 Borrow Area N5 and Pipeline Corridor Marine Resources Investigation North Collier County Renourishment Project Scope of Work March 5, 2004 Pipeline Corridor Hardbottom Investigations Site Name Activity AGRRA Transects Transect Length P1 NEAR Characterization 4 30 Meters P2 NEAR Characterization 4 30 Meters P2 OFF Characterization 3 30 Meters P3 NEAR Characterization 3 3.0 Meters P3 MID Characterization 3 30 Meters P3 OFF Characterization 3 30 Meters S1 NEAR Characterization 2 30 Meters FISH HAVEN Bounce Dive N/A N/A P2A BOUNCE Bounce Dive N/A N/A P2B BOUNCE Bounce Dive N/A N/A P3A BOUNCE Bounce Dive N/A N/A P3B BOUNCE Bounce Dive N/A N/A P3C BOUNCE Bounce Dive N/A N/A P3D BOUNCE Bounce Dive N/A N/A Investigators will document, through still and integrated digital video photography; the biological communities associated with the marine hardbottom resources and provide a characterization of the selected study sites. Based on historic data and community type, an estimate of hardbottom exposure (ephemeral or persistent exposure) will also be provided. The study will investigate probable impact sites as the first priority. The investigation will assess resources of probable impact as well as those outside of the zone of probable impact to the extent allowed during the eight days of investigations. Survey site locations will be documented using State Plane 6oordinates that will be obtained for each study site. Detailed data collection along the transects will be conducted to estimate and document percent cover and dominant benthic invertebrate and macroalgal species present over the nearshore hardbottom communities. Qualified marine biologists will utilize the AGRRA methodology for assessment and characterization of benthic marine communities. Transect data collection and analysis will involve compilation of benthic marine species lists to document species composition (diversity) and abundance along the temporarily established transects in order to characterize habitat type and dominant species. Biological community type and dominant marine species will be documented and described. The assessment will be made every three meters along the selected transects and dominant species observed in each 25 x 25 cm quadrat shall be identified and an estimate of percent relative cover shall be made at each sampling site. The relative percent cover of turf, macroalgae and coralline alga within the transect lines and stations shall be documented during the hardbottom investigations of the proposed pipeline corridors. Collected data, in graphic representations, with possible inclusion of photographic documentation will be presented in a GIS format for County and agency review and use in evaluating the proposed project. Observations of habitat mgosity and motile marine species will also be recorded during the investigations AG£NOA, IT£H . ~ 6 ~o M/ R 2 3 Pa. / I , Borrow Area N5 and Pipeline Corridor Marine Resources Investigation North Collier County Renourishment Project Scope of Work March 5, 2004 for incorporation into the Pipeline Corridor Marine Resource Environmental Investigation Report. As described above, field investigations described herein are proposed to be conducted in conjunction with the Borrow Area N5 studies. Investigations conducted after this period may require additional days to account for separate mobilization and demobilization activities. Task 4 - Borrow Area N5 and Pipeline Corridor Investigation Report Development and Submittal This Scope of Work assumes that side scan sonar survey and subsequent evaluations and mapping for the described project areas have been completed or are underway at the time CPE commences planning activities under this Scope of Work. One hardcopy and one electronic copy (Adobe Acrobat PDF format on CD-Rom) of the Marine Resource Report will be prepared and submitted to each of the following entities associated with the project: Collier County, DEP, USACE, USFWS, and NMFS representatives responsible for project reviexv and comment. Up to ten copies of the Executive Summary of the report shall be provided to Collier County as an additional deliverable under this Scope of Work. Summary CPE will provide project planning and coordination; resource extent verification and environmental studies of significant marine resources as they exist adjacent to Borrow Area N5 and the five proposed pipeline corridor within the study areas described above. Additional investigations and services not specifically described in this Scope of Work may require development and submittal of supplemental proposals to address unidentified project needs. CPE will attempt to identify those areas of additional information, and negotiate with the requesting agency to minimize additional work efforts and the time required to complete those tasks. The fee will be hourly not to exceed $124,298. F:\CPE~Proposals\Collier~2003 Proposals\0104 Coil Co Bor-Pipeline Inv.prp.doc HAR 2 3 2006 /oT. I WORK ORDER #CPE-FT-04-03 Agreement for Fixed Term Professional Engineering Services for Coastal Zone Management Projects Dated November 13, 2001 (Contract #01-3271) This Work Order is for Professional Engineering Services for Coastal Zone Management Projects for work known as Final Design, Plans and Specifications for the Collier/Naples Maior Beach Renourishment Proiect {90527) The work is specified in the proposal presented March 5, 2004, which is attached hereto and made a part of this Work Order. In accordance with the Terms and Conditions of the Agreement referenced above, Work Order #CPE-FT-04-03 is assigned to Coastal Planning & Engineering. Scope of Work: a. Task I -Final Design b. Task II - Controlled Aerial Photography and Topographic Survey c. Task III - Erosion Control Line (ECL) Establishment d. Task IV - Construction Plans and Specifications e. Task V - Program Support Schedule of Work: Complete all tasks as directed within 90 days of receipt of Notice to Proceed. Compensation: In accordance with Article Five of the Agreement, the County will compensate the Firm in accordance with the negotiated time and materials, not-to-exceed amount provided in the schedule below (use the established hourly rate(s) as enumerated in Schedule "A" of the Agreement). Time and Materials TOTAL (not to exceed) $145,736 Any change within monetary authority of this Work Order made subsequent to final department approval will be considered an additional service and charged according to Schedule "A" of the Agreement. IqAR 2 3 20Or, PREPARED BY: REVIEWED BY: REVIEWED BY: REVIEWED BY: R. Shane Cox, P.E., Coastal Projects P.M. Date Ron Hovell, P.E., Coastal Projects Section Manager Date ACCEPTED BY: Roy B. Anderson, P.E., PUED Director Date Stephen Y. Carnell, Purchasing/General Svcs Director Date AUTHORIZED BY: James W. DeLony, Public Utilities Administrator Date Coastal Planning & Engineering Authorized Company Officer Thomas J. Campbell, P.E., President Type or Print Name and Title Date AGEIM)A, I T£~ .o.. MAR 2 3 200~, ~. /~ FINAL DESIGN, PLANS AND SPECIFICATIONS FOR THE COLLIER COUNTY BEACH RENOURISHMENT PROJECT SCOPE OF PROFESSIONAL SERVICES March 5, 2004 This scope of work describes the final design and survey services required to bring the Collier County Beach Renourishment Project to construction. The scope includes final design, preparation of construction plans and specifications, establishment of an erosion control line (ECL), and project assistance for the County task. Assistance includes maintaining a project schedule and assistance to the County for easements and the MMS borrow area license. The design region for initial construction of the renourishment project expends form R22 to R-80. The fee for this task will be billed on an hourly basis not to exceed $145,736. Task 1-Final Design. Preliminary design of the beach and borrow areas was completed with the Renourishment Engineering Report (2003) and the initial permit application. The final stage in the design process is to refine the design based on the latest aerials, beach profile surveys, conunents from the regulatory agencies, and County input. The borrow area cuts will be optimized to match the individual beach characteristics in each reach, selecting the most suitable sand for each beach. The borrow area will be modified based on the results of hardbottom investigations and comments from permit agencies. Beach width, height, and project life will be designed to avoid hardbottom coverage and other natural resources and achieve the standards determined in discussions with the permit agencies. The renourishment interval will be maximized, while avoiding impacts to natural resources. The natural resource investigation and GIS database will be used in the final beach and pipeline corridor design. The preliminary design will be modified to incorporate a turtle friendly berm, the .style to be agreed upon with the permit agencies. It appears that a two-level berm may satisfy the agencies. This work effort will finalize the design parameters that will be incorporated into the construction plans and specifications for the beach and borrow areas. Permit modification will be developed and submitted to permit agencies, if the final design changes the permit project significantly. A beach inspection will be conducted of the project area to identify any significant feature that may impact the design or permit. This inspection will also be used to support design of the turtle friendly berm. As part of the beach renourishment project, the County desires to construct and/or vegetate new dunes in selected areas. Potential dune areas will be identified and investigated, with assistance from the County, during this field work. Preliminary and final design of the dunes will be prepared, with the final design incorporated into the construction plans, specifications and permits. Derelict structures and debris found during the beach inspection will be identified on the plans for removal, with County approval. The Consultant will attend two County meetings and a City of Naples meeting concerning the HAR 2 3 200 design. Elevated dune overwalks, drainage structures, groins and other structures are not part of this proposal. Potential contractors will be contacted to discuss constructability, cost and contractors' construction concerns about the project. To the extent allowed by the permits and County guidance, the final plan will be developed to accommodate the maximum flexibility for construction, providing for the widest range of responsive bids. Task 2 - Controlled Aerial Photography and Topographic Survey: · Color aerial photography will be obtained for the project between Wiggins Pass and Gordon Pass (R-16 to R-90). The controlled aerial photographs will be used to design the beach fill project, prepare ECL maps and prepare project plans within the design region. CPE's surveyors and its subcontractor will establish targeting and ground control. A subcontractor will take the aerial photographs utilizing a precision aerial camera to obtain negatives suitable for raster imagery on a scale of 1"=1 Off. The subcontractor will provide 9" x 9" stereoscopic photographs and CD-ROM raster imagery files. The aerial photographs will be conducted using the standards described in the statewide coastal monitoring program/regional data collection and processing plan, March 2001. Hardbottom visible from the aerials will be mapped and used to update previous hardbottom mapping. Task 3-Erosion Control Line (ECL) Establishment. Chapter 161 of the Florida Statutes requires that the local sponsor (Collier County) establish an ECL for the beach nourishment project. The ECL will be the legal line which will divide State owned lands from upland property owners. State law requires that an ECL must be established prior to sand placement on the beach. Riparian property owners retain all legal riparian rights, as prior to ECL establishment. The survey shall be conducted approximately six months before construction. The survey will be conducted to mesh with the 4 previous Erosion Control Lines in the project area. The survey will extend into the Phase II regions of the project area, which includes Pelican Bay, north Park Shore and south Naples (Port Royal), if they are d. esignated for the initial construction phase of the renourishment project. An ECL survey locates the position of the mean high water (MHW) line prior to construction of the beach nourishment project. The MHW line position will be located on each profile line and at positions between the Florida Department of Environmental Protection (FDEP) monuments. A plat of the ECL and a legal description will be developed for submission to the FDEP, City of Naples and the County. In areas where seawalls or similar structures are located seaward of the MHW line, the ECL will be located on the seaward face of the structure so that the structure remains in the ownership of the upland property owner. Appropriate ECL documents will be prepared and submitted to the FDEP for processing and approval. The ECL drawings will show approximate property borders and ownership information, as required by the State. The County will assemble the addresses of all riparian property owners within 1,000 feet of the project and provide border information. The Consultant will notify the respective property owners by certified mail/return receipt with the .o. HAR 2 3 approved public notice documentation, as required by State law. The Consultant will attend the public hearing conducted by the State for establishing the ECL and will assist the County with the meeting and response process. The Consultant will give a presentation on the project and the location of the proposed ECL, at the meeting. The DEP will process the ECL approval along with the Joint Coastal Permit and Consent of Use Easements (borrow area easements) for the project. Once the State has approved the ECL, the County will be required to record the platted line in the County records, prior to construction. Mylar reproductions of the approved ECL will be prepared for FDEP. Task 4-Construction Plans and Specifications. Construction plans and specifications will be prepared for the initial construction of the project within the Phase I and some of the Phase II area. The construction plans will include plan views and cross-sections sufficient for the construction of the beach nourishment project. The plans will provide survey monumentation information which will allow the contractor to control and construct the beach nourishment project. Borrow areas will be delineated and the allowable depth of dredging indicated for each borrow area in order to place the appropriate quality sand on the beach. The plans will prioritize borrow area dredging to match the beach and borrow areas sands, and ensure the integrity of the borrow areas for future use. Aerial photographs, cultural resources, hardbottom, and other natural resource features will be incorporated into the plans. The plans will show beach access, staging areas and pipeline corridors for use by the contractor. The plans will include only those segments identified for construction during the first year of the renourishment plan. The plans will contain approximately 46 sheets, and will be developed in both 24" x 36" and 11" x 17" sheet formats. Boundaries such as the erosion control line will be shown on the plans. The specifications to be developed for the project will be divided into two general categories. The first section will include bidding requirements and contract forms supplied by Collier County for retention of construction contractors. Bidding requirements will include the Invitation to Bid, Instructions to Bidders, Bid Form and other appropriate documents. The bidding requirements will also address the bid bond required for the project. The second part of the first section will include the contract forms. The Collier County form of contract will be included in this section. The section will include such items as the Certificate of Corporate Authority, Acknowledgments of the Contractor, Performance and Payment Bonds, Final Receipt, and any special instructions. The second section of the specifications will include General Conditions, Technical Provisions and Environmental Protection. The General Conditions portions of the contract will include information related to the commencement, prosecution and completion of the work. It will address such issues as liquidated damages, performance of work by the contractor and subcontractors, and a designation of certain contractor personnel for tasks such as project superintendent. General Conditions will describe the layout of the beach fill, address mobilization and demobilization from the project area and acceptance sections for beach fill. It will identify the method of payment to the contractor and the clauses for HAR 2 3 200 liquidated damages, if necessary. Project details of a general nature will be included in this section. Lastly, this section includes the County's right to terminate the contract, liability insurance, liens and other legal issues. The Technical Provisions will identify the work to be accomplished. It will include the order of work, the project schedule, excavation requirements, beach fill requirements, grading requirements and other issues related to construction. It will address issues such as clean-up, nighttime operations and beach tilling, if required by the State. The QA/QC Sediment Management Plan approved by FDEP will be incorporated into these provisions. A section on environmental protection will be included in the specifications. This section will identify the important clauses contained in the permits, including a copy of permits received for the project. The contractor will be advised that he is required by law to abide by all the conditions provided by Federal and State permits and licenses for the project. Issues to be addressed in this section include turbidity control, protection of environmental resources, restoration of landscape damage, maintenance of pollution control facilities, and a requirement for an environmental protection plan. Ten sets of plans and specifications will be provided for distribution and review by the County, State and City of Naples, and other agencies identified by the County. The initial plans submitted to FDEP will be signed and sealed to meet permit requirements. The plans and specifications will be modified once, based on comments from the above government entities. Copies for bidding and construction will be covered under a future proposal that addresses bidding and construction services. Task 5-Program Support. Program support will involve assistance and support to the County needed to bring the project to construction. A project schedule, using Microsoft Project, will be developed and maintained, which tracks parallel efforts needed to implement the project. The schedule will be updated bi-monthly or as major changes occur. Program assistance will include one meeting with local entities designated by the County (i.e., City of Naples). The consultant will provide limited and basic assistance to the County in easement acquisition, securing the MMS license, and answering technical questions for the County. A project fact sheet will be prepared for use by the County. F:\CPES_Proposals\Collier~004 Proposals~SOW_Final Plans and Specs Revosed.doc PG. EXECUTIVE SUMMARY APPROVE SENDING A LETTER TO CONGRESSMAN GOSS' OFFICE REQUESTING A CONGRESSIONAL BUDGET ADDITION OF $100,000 TO FUND THE INITIAL STUDY IN SUPPORT OF INITIATING A COLLIER COUNTY SHORE PROTECTION PROJECT OB~IECTIVE: To obtain approval of the submission of a request to Congressman Goss' office to add $100,000 of funding in the FY 2005 federal budget in support of initiating a Collier County Shore Protection Project. CONSIDERATIONS: Many beaches in the County are erosional and have historically been' renourished with local and some state funding. The federal government has a shore protection program to aid local communities with beach renourishment and many coastal counties in Florida benefit from this program. Congressional authorization, in the form of a resolution, is required to initiate a large shore protection project. This process can take approximately one year. Once approved, the first phase would be a federally funded reconnaissance study that would determine the federal interest, based partly on a cost-benefit analysis and degree of public access. This phase would last approximately one and one-half years. The second phase feasibility study would require 50% non-federal funding and would last approximately three years. The third phase review could take an additional two years. It is important to note that the follow-on Congressional authorization is typically provided only during even-numbered years. The fourth phase design typically takes another year or two and, finally, the construction phase could take an additional two to three years to work out the final cost-sharing agreements (up to 65% federal funding), obtain easements and perform the construction. In order to initiate a project, a letter was sent to United States Army Corps of Engineers (USACE) and a Congress. ional resolution (Committee on Transportation and Infrastructure Resolution, Docket 2727, Collier County, Florida) was sponsored by Congressman Goss' office (request was submitted as approved by the Board of County Commissioners on October 14, 2003, agenda item 16.C.12). The next step is to obtain federal funding for USACE t° conduct the initial study. FISCAL IMPACT: There is no current fiscal impact related to this action. GROWTH MANAGEMENT IMPACT: There is no impact to the Growth Management Plan related to this action. RECOMMENDATION: That the Board of County Commissioners authorize the Chairman to send the attached letter to Congressman Goss' office requesting that $100,000 be added to the federal budget to initiate a Collier County Shore Protection Project. AG£nOA IT[M .o._ c I[ MAR 2 200A ID(;. ~ SUBMITTED BY: ~,~~)~ Date:--~//~'~//~/ Ron Hovell, P.E., Special Projects Manager Roy ~. Anderson, P.E., P~s Engineering Director APPROVED BY: ~;~-~~~--~.~ Date: ~~~~ ~W. DeLony, P.E., mubli~tilities Division Adminis!rator The Honorable Porter Goss 2000 Main Street, Suite 303 Fort Myers, FL 33901 Dear Congressman Goss, On behalf of Collier County, please accept our thanks for sponsoring the resolution adopted by the U. S. House of Representatives Committee on Transportation and Infrastructure on February 25, 2004, in support of initiating a federal shore protection project in Collier County. It is our understanding that the Department of the Army is not able to initiate this effort until a federal budget is provided. We therefore respectfully request that you submit a budget line item of $100,000 for the Department of the Army to conduct an initial feasibility study for a Collier County Shore Protection Project. Sincerely, Donna Fiala, Chairwoman, Board of Collier County Commissioners [Comm. Fiala's signature block] 05/09/200¢ 12:1.'7 GO$ 4 '---~o~. ~,o~ (omm~tt on ~,~ms~pnrtat/nn an~ ~r~truflu~E ~003 ~.S. HOUSE Olr RF, F]~n.L~ · A· WASHInG'TON, D.C. RE~OLTTTION AdoptS: F~Y 25, 2oo~ MAR ~_ .~ 200~. PC,. ~ EXECUTIVE SUMMARY RECOMMENDATION TO AWARD BID No. 04-3608 - "PURCHASE & DELIVERY OF SULFURIC ACID" TO SULFURIC ACID TRADING COMPANY, INCORPORATED IN THE APPROXIMATE ANNUAL AMOUNT OF $200,000.00. OBJECTIVE: To award Bid No. 04-3608 for the purchase and delivery of sulfuric acid to Sulfuric Acid Trading Company, Incorporated, in order to continue the treatment of raw water. CONSIDERATIONS: Sulfuric acid is utilized in the treatment of raw water and the production of potable water as a pH control to lessen membrane scaling and to optimize degasification. On December 23, 2003, thirty-eight notices were sent to vendors advising of the opportunity to bid on the delivery of sulfuric acid. On January 8, 2004, two bid packages were opened with Suheuric Acid Trading Company, Inc. submitting the lowest bid of $0.4013 per gallon container and $52.45 per ton net. Staff recommends that Bid No. 04-3608 be awarded to Sulfuric Acid Trading Company, Inc., as the lowest, qualified, and responsive bidder. The bid tabulation is Attachment A to this Executive Summary. FISCAL IMPACT: Funds for the purchase of sulfuric acid are budgeted and approved in the Collier County Water/Sewer District North and South Water Treatment Plants' operating budgets. The estimated fiscal impact represented in the following recommendation is based on estimated quantities listed in the bid information. These are only estimates used for bidding purposes and shall not be interpreted as the Board's authorized expenditure limits. The final determination for the level of expenditures will be made based on the demand for potable water. GROWTH MANAGEMENT IMPACT: There is no growth management impact in the approval of this purchase. RECOMMENDATION: That the Board of County Commissioners, Ex-Officio, the Governing Board of the County Water Sewer District, award Bid #04-3608 to Sulfuric Acid Trading Company, Incorporated, in the estimated annual amount of $200,000. SUBMITTED BY: ~-~ )~_.~-~ Date: ~_aJ.&,~z' HoWard Brogdot~, L~/boratory Supervisor Pa~ Mafi~tusch, Water Director es W. DeLony, P.~Public Utilities Administrator I AR 200 I EXECUTIVE SUMMARY AUTHORIZATION TO ENTER INTO AN AGREEMENT BETWEEN THE COLLIER COUNTY ~'*'" INIVERSITY EXTENSION DEPARTMENT AND WACHOVIA MORTGAGE CORPORATION TO dROVIDE HOMEBUYER'S EDUCATION AND COUNSELING FOR THEIR CLIENTS. OBJECTIVE: Obtain authorization to enter into an agreement with Wachovia Mortgage Corporation to provide homebuyer's education and counseling for clients from Wachovia Mortgage. CONSIDERATIONS: Since 1996 Collier County University Extension Department has been in a successful public / private partnership with local banks via the Collier County Loan Consortium. Banks agree to the underwriting terms and intere~ rate of the Consortium designed to make homeownemhip affordable and provide mortgages for clients pre-qualified and educated by University Extension. For every loan closed, the County receives $500. This generates around $20,000 of revenue. Waehovia was a long time bank participant. About three years ago they decided they could no longer allow another entity to set their interest rate. Wachovia still wants to support educational activities of the University Extension Department. Wachovia offers several affordable mortgage programs via Fannie Mac's affordable home ownership program, which requires homcbuyer's education. To provide thc educational element Wachovia wants to partner with University Extension Department Thc attached partnership agreement, approved by thc County Attorney's Office with revisions, outlines this arrangement. When a client is to receive a mortgage that requires homebuyer's education Wachovia will refer that client to University Extension's group workshop or individual volunteer financial educator sessions. The :lient will receive the education needed and a certificate. Wachovia agrees to pay $250 for each client educated. FISCAL IMPAq: This partnership will generate $3000 - $5000 in revenue annually. No additional staffis needed. GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this agreement. RECOMMENDATION: The Board of County Commissioners sign the agreemcm with Wachovia Mortgage Corporation SUBMITTED BY: March 9, 2004 APPROVED BY: REVIEWED BY: c'x~~-a_o..~~ 14~Date: March 9, 2004 ~ Jo~ Durmuck, Administrator, Public Services Wachovia Mortgage Corporation Community Partnership Program Agreement We are pleased that A company with its main office located at: ("Company") and Wachovia Mortgage Corporation ("WMC"), an affiliate of Wachovia Corporation ("Wachovia") with offices at 301 S. College St., Charlotte, NC 28288 are entering into this agreement ("Agreement") to offer and promote to prospective borrowers ("Clients") the residential first mortgage loan products and in particular, Community Partnership loan products, of WMC as set out below. A. Engagement of Services of the Company 1. WMC engages the Company, on a non-exclusive basis, to provide all of the following set,rices ("Services") to Clients with respect to the origination of Community Partnership Mortgage Loans by WMC: ao Educate Clients in the home buying and financing process. Advise Clients about the different types of loan products available and demonstrate how closing costs and monthly payments would vary under each product. b. Assist Clients in understanding and resolving or adequately explaining derogatory credit information. c. Analyze Clients' income and debt and pre-qualify Clients to determine the maximum mortgage loan that they can afford. d. Assist Clients with completing such application-and other forms as WMC may from time to time require. Make available WMC loan product materials through brochures and similar materials provided to the Company by WMC, as well as, from time to time, supporting WMC approved promotional activities, through its customary means of communication with Clients. Advise Clients of the availability of Community Lending WMC mortgage loan products and provide its employees information and product related materials to promote these products. Advise Clients of the availability of other mortgage products as appropriate and assist WMC in its presentation of these products. go Assist Clients, if necessary, with the collection of financial information and other related documents that are part of the application process. -[ Agen~,~.xltl~nl MAR 2 Assist Clients with loan processing and closing. Provide to Clients the full program of home ownership counseling required by the HUD Housing Counseling Program. In order to assure that the counseling provided to Clients is comprehensive, whether or not the Company has been approved by HUD, the Company will fulfill the requirements set out in that portion of the HUD Housing Counseling Program Handbook which is attached as Exhibit A. j. For a period of not longer than five (5) years from the date of origination of a loan to a Client (each a "Loan"), provide mortgage default counseling to the Client(s), which includes budgeting, reinstatement plans and working with creditors. 2. The Company shall also do the following for as long as this Agreement shall remain in force: a. Provide updated information regarding the Company on an annual basis (or upon request of Wachovia or WMC), including, but not necessarily limited to: · Year end financial statements (Balance sheet and Profit and Loss) · List of counselors and resumes on new counselors (If applicable) · Updated primary contact list. (List to contain contact names, business address, business phone and fax number.) · Updates on changes or revisions on home ownership counseling program (If applicable.) b. If and to the extent required by applicable law (including, but not limited to the revisions to the Community Reinvestment Act as set forth in the Gramm-Leach Bliley Act), provide annually (or more frequently, if required by law) to Wachovia an accounting of funds received pursuant to the agreement during the preceding 12 months. The accounting shall include a detailed itemized list of uses to which such funds have been made, including compensation, administrative expenses, travel, entertainment, consulting and professional fees paid, and other categories to be determined by Wachovia's regulatory agencies. c. Disclose the full text of this Agreement to the extent (i) required by applicable law (ii) as necessary to defend or prosecute any litigation or claims of illegal conduct; or (iii) to satisfy the reasonable requirements of independent auditors. bo WMC Duties and Responsibilities Produce and provide adequate supplies of marketing and promotional materials for distribution by Company and its employees to Clients. Produce and supply product and pricing materials that describe current mortgage loan products available from WMC. I Agen<:l~"- I / | MAR c. If(but only to the extent) required by applicable laxv, disclose the full text of the partnership agreement to the public and to Wachovia's federal regulatory agency. d. Exercise sole discretion as to which mortgage loans are approved. Provide to Company such reports as the Company may from time to time reasonably require in order to comply with applicable regulatory or audit requirements, concerning the delinquency performance and other characteristics of loans made to Clients of the Company, provided, however that the Company shall disclose such information only to the minimum extent required to satisfy such requirements and shall not use such information for any other purpose without the express prior written consent of the affected Client. C. Compensation In consideration of providing all of the Services in Section A, above, WMC will pay Company a fee of $ 250.00 for each Community Partnership Mortgage Loan originated and closed by WMC. Acceptance of this compensation by the Company shall be deemed to be Company's warranty that all such bona fide Services have been rendered in connection with each and every such Loan. Compensation shall be payable monthly, in arrears for each Loan made during the prior month. D. Compliance with the Law 1. The parties to this Agreement shall perform in full compliance with State and Federal laws and regulations, including but not limited to, The Equal Credit Opportunity Act, Fair Housing Act, Fair Debt Collection Practices Act, Home Mortgage Disclosure Act, Real Estate Settlement Procedures Act, applicable federal and state financial privacy laws and regulations, applicable debt counseling regulations and applicable federal and state fair lending loans. 2. Company shall use best efforts to obtain accurate information from Clients borrowers and warrants to WMC that it has no knowledge of any false information in loan applications or materials that Company forwards to WMC. E. Indemnification b~( Each party agrees to defend, indemnify and hold the other~armless from and against any and all claims or judgments by or in favor of any third party (other than an affiliate of the party seeking indemnification) and expenses arising out of such claim or judgment to the extent such claim, judgment or expense is a direct result of the l. A QendA_Ite~ HAR 2004 _ Pa. ~....,..~ 3 indemnifying party's (i) breach of any material provision of this Agreement; or (ii) any intentional or negligent misconduct on the part of the indemnifying party's employees or agents. F. Term and Termination This Agreement shall be for a term of three years, However, either party may terminate the Agreement without cause upon sending 30 days written notice to the other. Should either party fail to perform as promised, the other may terminate the Agreement upon 10 days written notice to the other. Written notices may be sent to the parties at the address written above or such other address of which the other party receives notice. This contract is interpreted according to the laws of and enforced in the courts of the State of North Carolina. G. Due Authorization Company represents and warrants that all requisite approvals of its board of directors, trustees or other governing body, as well as any regulatory approvals, licenses or exemptions necessary for Company to enter into or perform under this Agreement have been obtained and will be maintained in full force at all times during the term of this Agreement. Company: By: Its: Date: Wachovia Mortgage Corporation By: Its: Date: 1,4AR 2 3 200 EXHIBIT A HUD HOUSING COUNSELING PROGRAM GUIDELINES Approval Criteria - HUD will accept applications from national, multi-State, regional, and local entities. Applicants with branch offices or affiliate member oraanizations over which the primary entity exercises some control regarding services rendS, d, and the quality of those services, may submit a single application for approval of the primary entity and its branches or affiliates. The branches or affiliates must meet the primary entity's standards as well as those in this handbook. An applicant agency with branch offices or affiliates must provide a written delineation of the responsibilities of the parent organization and its branches or affiliateS. The follo~ving approval criteria apply to all applicants. Each branch of affiliate included in an approval application must satisfy these criteria. Nonprofit Status. An applicant and its branches or affiliates for approval must function as private or public nonprofit organizations. The applicant must submit evidence of nonprofit status as demonstrated by section 501(c)(3) of the Internal Revenue Code approval (or pending approval) to support its nonprofit status and that of its branches or affiliates. gJ Community Base. The applicant or its branches and affiliates must have functioned for at least one year in the geographical area that the applicant proposes for itself or its branches or affiliates to serve as a HUB-approved housing counseling agency or agencies. Ce Experience. The applicant must have successfully administered a housing counseling program for at least One }'ear. De Audit. The applicant must havi~ an independent audit of its financial records during the twelve months preceding the date of applying for HUD approval. An applicant must submit with its approval application a copy of the most recent auditor's report. An applicant with branches or affiliates with accounting independent of the applicant must provide written assurance that those branches or affiliates meet this criterion. NOTE: A national, regional, or multi-State applicant whose latest audit does not meet this timeless criterion may receive a conditional approval. HUD will grant conditional approval if the applicant agrees in writing to contract for the completion of the required audit within six months of their application for approval. Ee Go Record keeping and Reporting. The applicant and its branches or affiliates must have an established system of Record keeping to gather information on housing counseling services performed. Counseling Resources. The applicant and its branches or affiliates must have sufficient resources to implement the proposed counseling plan no later than the date of HUD approval. Staff. The applicant and its branches or affiliates must employ staff trained in housing counseling and with at least six months experience in the job they will perform in the counseling program. Language Skills. Counselors must be fluent in the language of the clients they will serve, or the counseling agency must use the services of an interpreter. Knowledge of Local Housing Market. The applicant's housing counseling staff, including those in branches and affiliates, must possess a working knowledge of the housing programs available in the community, and the local housing market. A working knowledge means that a counselor can inform the client in detail regarding what housing is available for which the client is eligible, how the client applies for the housing, and the rights and responsibilities of all parties involved in particular housing transactions--leases, mortgages, notes, contracts, etc.. Community Resources. The applicant, or its branches or affiliates, must have established working relationships with private and public community resources to which it can refer clients who need help the agency cannot offer. State and Local Requirements. The applicant, including its branches or affiliates, must meet all State and local requirements for its operation. Facilities. The counseling facilities of the applicant or its branches or affiliates must meet the following criteria. · 1. Located in the community of the target population. o Provide privacy for all one-on-one sessions bet3veen a counselor and a client. Public transportation is within easy walking distance (15 minutes) of the applicant's location except for rural or MAR 2 3 : OOt, 6 Operating hours include regular work hours and days, and other hours and days when necessary to meet the needs of ~vorking clients. Ease of access for disabled and elderly persons, or be willing to meet such persons at an alternative accessible location. Rev: Feb/2002 MAR 2 EXECUT]:VE SUMMARY APPROVAL OF ATTACHED APPLICATXON BY THE BOARD OF COUNTY COMMTSS:]:ONERS, AND S::I:GNATURE OF THE CHAIRMAN, PERMITTING THE COLLIER COUNTY PUBLIC LIBRARY TO APPLY FOR A STATE CONSTRUCTION GRANT TO ENLARGE THE GOLDEN GATE BRANCH I TBRARY. OB~TECT]:VE: Obtain signature of the Chair of the BCC on the attached application, permitting the Collier County Public Library to apply for a State Library Construction Grant to enlarge the Golden Gate Branch Library. CONSIDERATIONS: The Golden Gate Branch Library was constructed in lg78, at a cost of Stg5,000. In lc)g3, the original 4,000 square foot building was enlarged to 7,000 square feet, at a cost of $427,000. The Library has served the community well, but as the population increases, the facilities have become inadequate for the number of library users it now serves. The BCC approved the architectural contract for the expansion design work with Barany 5chmitt Summers Weaver and Partners, Inc., at the September 9, 2003, Board meeting. (Item 16F1, Item #6) Actual construction is expected to start in late FY05. The Library intends to emphasize service to the increasing numbers of children and young adults in the Golden Gate area. The current facility does not provide sufficient space to appropriately serve these populations without a negative impact on service to adults seeking a more traditional library setting. The 5tote Library provides a special construction grant program for public libraries. The maximum grant amount allowed is $500,000. The application deadline is April 1, 2004. The Secretary of 5tare will include approved construction grant applications in the Department of State's Legislative Budget Request for consideration by the Legislature. If the application is approved, and funds are appropriated by the legislature, funds will be available in the summer of 2005. Eligibility requirements are minimal: the County Library must provide at least an equal amount of matching funds for the construction project; additional funding needs to be sufficient to complete the construction project; sufficient funds must be available to operate the library after completion; and, the County agrees to operate the building as a library for at least 20 years after completion. 'Agenda. ~te~ ii No. 1'4AR 2 3 200 Pg, r_/, _. FZ$CAL ]~MPACT: The maximum grant amount allowed is $500,000. The grant requires local matching funds equal to the amount of the grant. The Library is requesting $§00,000 in grant funds. Local matching funds totaling $3,§00,000 will be requested from Tmpact Fees (Fund 3§§) during the regular budget process. The Friends of the Library ~ have also agreed to assist with fund raising to purchase equipment beyond the scope of the construction project. I~t is understood that if sufficient matching funds are not budgeted or raised by other means, that the grant, if approved, will not be accepted. ~ROWTH MANAGEMENT TMPACT: Construction of additional space in Golden Gate will help maintain the minimum floor space standard of .33 square feet per person, established by the Growth Management Plan. Currently the Library has 129,548 square feet of library space, which is slightly more than the growth management standard. Without this construction project, the margin will shrink to approximately 6,000 square feet of library space over the minimum required by the Growth Management Plan. RECOMMENDATT. ON: Staff recommends that the Board approve the Certification of Application, and provide authority to the Chair to sign the application, thus allowing Library Staff to apply for the State Construction Grant. Marilyn MattheW, Assistant birector Reviewed and Approved by: Reviewed and Approved by: Reviewed and Approved by: Marlene Foord, Grants Coordinator ,To n bunnuck, Public Services Administrator PIAR 2 3 200, Florida Department of State, Division of Library and Information Services PUBLIC LIBRARY CONSTRUCTION GRANT APPLICATION Application Deadline: April 1, 2004 APPLICANT INFORMATION A. LEGAL NAME OF APPLICANT (Government) Collier County Board of County Commissioners Street 3301 Tamiami Trail East City Naples Zip Name of Chairman of Applicant's Governing Authority 34112 County Collier Donna Fiala Federal Employer Identification (FEID) Number 59-6000558 B. NAME OF LIBRARY DIRECTOR ,Tohn W. ,Tones Telephone (239) 593-3511 Fax (239) 2,~4-8167 Library Collier County Public Library Street 2385 Oranqe Blossom Drive City Naples C. NAME OF PROJECT MANAGER Title _ Assistant Library Director Agency, organization or governmental unit Marilyn Matthes E-mail ._lw.)51 ~hotmail. cam Zip 34109 _Collier County Public Library Street 2385 Orange Blossom Drive City Naples Zip 34109 Telephone(239) 593-3511 Fax (239) 254-8167 E-mail mmatthes~ccplib.orq D. NAME OF BUILDING CONSULTANT (MLS degree) Marilyn Matthes Naples Zip 34109 Street 2385 Orange Blossom Drive City Telephone (239) 593-3511 E. NAME OF REGISTERED ARCHITECT Partners, Inc. Public Library Construction Grant Application Barany $chmitt Summers Weaver and FIAR 2:3 200~ Fe Street §~8§ Castello Drive Suite 4 City Naples Zip 34103 Telephone (239)643-3103 Registration Number AAC001963 INDICATE IF CONSIDERING STARTING THE CONSTRUCTION PROJECT PRIOR TO THE GRANT AWARD YES~ NO_XX Public Library Construction Grant A~Dlication ~ II. he PROPOSED PROJECT Name of Proposed Facility Golden Gate Branch Library Expansion B. Type Construction Project (check one): __ New Building X.~_~X Expansion Remodeling III. A. C. Building to be Used as (,check one): Single county library headquarters Multicounty or library cooperative headquarters Multicounty or library cooperative branch or member (more than one library in county) Mulficounty or library cooperative branch or member (only library in county) XX Single county branch or library cooperative member ~ Independent municipal library (headquarters) __ Independent municipal library (branch) PROJECT DATA Floor Area in Square Feet Facility prior to project (Check one and give square feet where applicable): a. No facility currently exists b. A facility currently exists, but will not be used as a library n/a__ sq. fi. after project completion XX_c. A facility currently exists and will be used by library after _7,000 sq. ft. project (may be present library or another building) 2. New facility to be constructed n/a__ sq. fL o Expansion of existing facility Square footage of existing building Square footage of the portion of building to be expanded Total square feet of building after expansion 7,000 sq. fl. 15,000 sq. ft. 22,000 sq. fl. 4. Remodeling of existing facility (not included in # 3) n/a__ sq. fl. B. Geographical Area And Population To Be Served By Proposed Facility: Name of city(s), county(s) or region. (If the service area does not conform to city or county boundaries, give the location and population by census tracts.) Golden ~ate, Collier County, Florida; includinq 'IT'acts 104.08, 104.09, 104.10, 104.11, 104.13, 104.14, 105.03 Current population 30.000 - / The population should be from the most current Florida Estimates of Populalion, Univcmity of Flat,la. Public Library Construction Gram Avvlication Agenda. Jte~ No.~ MAR 2 3 200/ IV. ESTIMATED COST OF PROJECT Funds By Category (Indicate project cost by applicable categories): 1. Architect's Fees (include planning costs) $ 2. Site Acquisition 3. Acquisition cost of building 4. New Construction 281,275 $ n/a_ $ n/a 5. Expansion of existing building 6. Remodeling of existing building 7. Initial Equipment $ 1,000,000 $ .n/a $ 300,000 8. Other (Specify) Fur'nituee, landscal~inq 9. TOTAL (Must equal B.4) $ 418,725 $_ 4,000,000 Be Source of Funds: l. Local funds available $ _3,500,000 2. Amount of funds requested from the Public Library ~ 500,000 Construction Grant Program (State General Revenue) 3. Amount of funds requested from other State sources $ __00 4. TOTAL (Must equal A.9) $ _ 4,000,000 If total above includes funds already spent, please specify amounts, type and dates of expenditures. (Appraisal costs and incidental purchase costs such as surveys, title insurance, legal fees, etc., are not eligible expenditures and are not reimbursable.) Amount Advance plans $ __281,275 Public Library Construction Grant Application Dates 9/18/03 (P.O. commi**ed on~i'h'$ HAR 2 3 200 Estimates $ __n/a Acquisition of Lands $ __n/a Other (Specify) $ 1,362 Engineering Fees ~ 25,840 Engineering Fees all funds have been spent.) 10/21/2003 12/03/2003 BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA By: Donna Fiala, Chairman ATTEST: DWIGHT E. BROCK, Clerk By: Deputy Clerk Approved as to form and legal sufficiency: Thomas C. Palmer Assistant County Attorney Public Library Construction Grant A~plication l Agend e 'I HAR 2 3 200~ ,4 EXECUTIVE SUMMARY APPROVE BUDGET AMENDMENT IN THE AMOUNT OF $30,000 APPROPRIATING FUNDS FROM GENERAL FUND RESERVES FOR ENGINEERING SERVICES FOR REPAIR OF THE CLAM PASS DRAWBRIDGE Obiective: To make necessary repairs to the drawbridge at Clam Pass Park in a timely manner. Considerations: The southwest comer of the drawbridge along the boardwalk at Clam Pass Park has settled and there is a noticeable dip. This situation causes a potential safety risk. The Parks and Recreation Department has contacted a structural engineer to provide a recommendation as how to proceed with the repair. Funds for this service are unbudgeted. Fiscal Impact: Staff has prepared a budget amendment appropriating $30,000 in funds from General Fund Reserves to the Engineering Services line item within the Beach and Water Park Operations budget. Staff will seek reimbursement to General Fund Reserves from TDC funds. Growth Manaqement Impact: No Growth 'Management Impact is associated with this action. Recommendation: That the Board of County Commissioners approves the above- referenced budget amendment. Submitted by: Reviewed by: Approved by: Date: Amanda O. Townsend, Operations, Coordinator Parks and RecreatiJea Department P~s and Recreation e~~ent Jo~ Dunnuck, Administrator DiVision of Public Services Date: ~///z~//0 ~/ / l Date: ~ 22~ EXECUTIVE SUMMARY RECOMMENDATTON THAT THE BOARD OF COLLTER COUNTY COMMISSIONERS AUTHORIZE THE CHATR TO SIGN THE ATTACHED GRANT AGREEMENT AWARDTNG COLJ_TER COUNTY PUBLIC I TBRAR¥ $7,500 FOR A SUMMER LIBRARY READING ' PARTNEP~HIP PILOT PRO,.TECT. OB,TECTJ:VE: Approval for the BCC Chairman sign the Library Services and Techn. ology Act Grant Agreement with the Florida Department of State, Division of Library and Information Services. This Agreement awards $7,500 to Collier County Public Library for the Summer Library Reading Program. CONSIDERATIONS: The Florida Department of 5tote, Division of Library and Information Services has awarded Collier County Public Library a $7,500 grant to support the annual Summer Library Reading Program. The funds will pay salaries and travel expenses to provide summer programs throughout the County. The grant will also fund the purchase of library materials and reading incentives for children, and pay for program publicity. FISCAL IMPACT: The grant provides funds to support on-going library activities. Funds will be placed in the Library's 5tote Aid Fund (Fund 129). All moneys will be expended in FY2004. No matching funds are required. GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact. RECOMMENDATION: 5toff recommends Board direct the Chairman to sign the agreement. Morilyn Ma~es,'Assis~tant Library Director Reviewed and Approved by: Marlene Foord, Grants Coordinator Reviewed and Approved~ Reviewed and Approved by: $ohn es, Li~rector ~nnuck Public Services Administrator bATE:~ CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION LOWER TIER COVERED TRANSACTIONS This certification is required by the regulations implementing Executive Order 12549, Debarment and Suspension, 45 CFR 1183.35, Participants' responsibilities. The regulations were published as Part VII of the May 26, 1988 Federal Register (pages 19160-19211). Copies of the regulations may be obtained by contacting the person to which this proposal is submitted. (BEFORE COMPLETING CERTIFICATION, READ INSTRUCTIONS ON REVERSE) (1) The prospective lower tier participant certifies, by submission of this proposal, that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any federal department or agency. (2) Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. Donna Fiala, Chairman, Board of County Con~nissioners, Collier County, Florida Name and Title of Authorized Representatxve Signature Date ED Form GCS-009, 6/88 PROJECT NUMBER 03-LSTA-C-06-B Florida Department Of State, Division of Library And Information Services LIBRARY SERVICES AND TECHNOLOGY ACT GRANT AGREEMENT AGREEMENT executed and entered into BETWEEN the State of Florida, Department of State, Division of Library and Information Services, hereinafter referred to as the DIVISION, and the SUBGRANTEE: Collier County Board of Cotmty Commissioners for and on behalf of Collier County Public Library the PROJECT: Summer Library Reading Partnership Pilot the GRANT AaMOUNT: Seven thousand five hun&ed dollars ($7,500) released in one advance payment as dete~xnined by the Division after consultation with the SUBGRANTEE. The funds shall be expended on or before September 1, 2004. Unless there is a change of address, any notice required by this agreement shall be delivered to the DIVISION, 500 South Bronough Street, Tallal~assee, Florida 32399-0250, for the State, and to Collier County Public Library, 2385 Orange Blossom Drive-, Naples, FL, 34109, for the SUBGRANTEE. In the event of a change of add~ess it is the obligation of the moving party to notify the other party in writing of the change of ad&ess. The DIVISION, as administrator of federal funds authorized under Section 257.12, Florida Statutes, is desirous of providing a grant: Federal funds are provided through the Library Services and Technology Act of 1996 under Florida's long range plan approved by the Institute of Museum and L~rary Services. The SUBGRANTEE agrees to meet all state requirements and requirements of the Library Services and Technology Act, hereinafter referred to as LSTA. The parties agree as follows: The SUBGRANTEE agrees to: a. Administer all funds granted to it by the DIVISION to carry out the project as described in the project proposal and revisions submitted to and approved by the DIVISION. The project proposal and revisions are incorporated by reference. b. Provide the DIVISION with statistical, narrative, financial and other evaluative reports as requested. c. Retain and make available to the DIVISION, upon request, all £mancial and programmatic records, supporting documents, statistical records, and other records for the project. d. Retain all records for a period of 5 years from the date of submission of the final project report. If any litigation, claim, negotiation, audit or other action involving the records has been started before the expiration of the 5 year period, the records shall be retained until completion of the action and resolution of all issues which arise from it, or until the end of the regular 5 year period, whichever is later. e. Pay out all project funds on or before the project ending date. f. Use and maintain adequate fiscal authority, control, and accounting procedures that will assure proper disbursement of, and accounting for federal project funds. g. Perform all acts in connection with this agreement in strict conformity w/th all applicable State and Federal laws and regulations. h. Not discriminate against any employee employed in the performance of this agreement applicant for employment because of race, color, religion, gender, national origin, age, marital status. The SUBGRANTEE shall insert a similar provision in all subcontracts this agreement. Page 1 of 4 or against any , ~andio~l~n{t~ It:e~ t r sert~*~ MAR 2 3 Expend all grant funds received under this Agreement solely for the purposes of the project. These funds will not be used for lobbying the legislature, the judicial branch, or any state agency. Repay to the DIVISION any and all funds not thus expended. Have an audit of financial operations performed in accordance with the Single Audit Act of 1984 (31 U.S.C. 7501-7) and 45 CFR 1183.26. 1. In the event the SUBGRANTEE expends $500,000 or more in Federal awards in its fiscal year, the recipient must have a single or program-specific audit conducted in accordance with the provisions of OMB Circular A- 133, as revised. The Notification of Grant Award indicates the Federal funds' awarded through the Department of State by this agreement. In determining the Federal awards expended in its fiscal year, the recipient shall consider all sources of Federal awards, including Federal funds received from the Department of State. The determination of amounts of Federal awards expended should be in accordance with the guidelines established by OMB Circular A-133, as revised. An audit of the recipient conducted by the Auditor General in accordance with the provisions OMB Circular A-133, as revised will meet the requirements of this part. 2. In connection with the audit requirements addressed in paragraph j. 1., the recipient shall fulfill the requirements relative to auditee responsibilities as provided in Subpart C of OMB Circular A-133, as revised. 3. If the recipient expends less than $500,000 in Federal awards in its fiscal year, an audit conducted in accordance with the provisions of OMB Circular A-133, as revised, is not required. In the event that the recipient expends less than $500,000 in Federal awards in its fiscal year and elects to have an audit conducted in accordance with the provisions of OMB Circular A-133, as revised, the cost of the audit must be paid from non-Federal funds (i.e., the cost of such an audit must be paid from recipient funds obtained from other than Federal entities). II. The DIVISION agrees to: a. Provide a grant in accordance with the terms of this agreement in the amount and frequency as stated above in consideration of the SUBG1LANTEE's performance hereinunder, and contingent upon funding by the Institute of Museum and Library Services. The State of Florida's performance and obligation to pay under this agreement is contingent upon an annual appropriation by the Legislature. In the event that the state or federal funds on which this agreement is dependent are withdrawn, this agreement is terminated and the state has no further liability to the SUBGRANTEE beyond that already incun'ed by the termination date. In the event ora state revenue shortfall, the total grant may be reduced accordingly. b. Provide professional advice and assistance to the SUBGRANTEE as needed, in implementing and evaluating the project. c. Review the project during the grant period to assure that adequate progress.is being made toward achieving the project objectives. IH. The SUBGRANTEE and the DIVISION mutually agree that: a. This instrument embodies the whole agreement of the parties. There are no provisions, terms, conditions, or obligations other than those contained herein; and this agreement shall supersede all previous communications, representations, or agreements, either verbal or written, between the parties. No amendment shall be effective unless reduced in writing and signed by the parties. b. The agreement is executed and entered into in the State of Florida, and shall be construed, performed, and enforced in all respects in accordance with the laws and roles of the State of Florida. Each party shall perform its obligations hereunder in accordance with the terms and conditions of this agreement. c. If any term or provision of the agreement is found to be illegal and unenforceable, the remainder of the agreement shall remain in full force and effect and such term or provision shall be deemed stricken. d. No delay or omission 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 omission be construed as a waiver of any such breach or default, or any similar breach or default. e. This a~eement shall be terminated by the DIVISION because of failure of the SUBGR~i-~ ~ EFi~ll . ,, its obligations under the agreement in a timely and satisfactory manner unless the SUB(2]RANT~, /& demonstrates good cause as to why it cannot fulfill its obligations. Satisfaction of obligi[tions by the SUBGRANTEE shall be determined by the DIVISION based on the terms and conditio[~s ir~ ~n Page 2 of 4 g. the SUBGRANTEE in this agreement and compliance xvith the program guidelines. The DIVISION shall provide SUBGRANTEE a written notice of default letter. SUBGRANTEE shall have 15 calendar days to cUre the default. If the default is not cUred by the SUBGRANTEE within the stated period, the DIVISION shall terminate this agreement, unless the SUBGRANTEE demonstrates good cause as to why it cannot cUre the default within the prescribed time period. For purposes of this agreement, "good cause" is defined as circumstances beyond the SUBGRANTEE's control. In the event of termination of this agreement, the SUBGRANTEE xvill be compensated for any work satisfactorily completed prior to the notification of termination. The Division shall unilaterally cancel this agreement if the SUBGRANTEE refuses to allow public access to all documents or other materials subject to the provisions of chapter 119, Florida Statutes. Surplus funds must be temporarily invested and the interest earned on such investments shall be returned to the State quarterly. Bills for services or expenses shall be maintained in detail sufficient for proper preaudit and postaudit. Any ta'avel expenses must be maintained according to the provisions of Section 112.061, Florida Statutes. The DIVISION shall not be liable to pay attorney fees, interest, late charges and service fees, or cost of collection related to the gant. The DIVISION shall not assume any liability for the acts, omissions to act or negligence of the SUBGRANTEE, its agents, servants or employees; nor shall the SUBGRANTEE exclude liability for its own acts, omissions to act or negligence to the DIVISION. In addition, the SUBGRANTEE hereby agrees to 'be responsible for any injury or property damage resulting from any activities conducted by the SUBGRANTEE. The SUB GRANTEE, other than a SUBGRANTEE which is the State or agency or subdiv/sion of the State, agrees to indemnify and hold the DIVISION harmless from and against any and all claims or demands for damages of any nature, including but not limited to personal injury, death, or damage to property, arising out of any activities performed under this agreement and shall investigate all claims at its own expense. The SUBGRANTEE shall be responsible for all work performed and all expenses incurred in connection with the Project. The SUBGKANTEE may subcontract as necessary to perform the services set forth in this agreement, including entering into subcontracts with vendors for services and commodities, PROVIDED THAT such subcontract has been approved by the DIVISION prior to its execution, and PROVIDED THAT it is understood by the SUBGRANTEE that the DIVISION shall not be liable to the Subcontractor for any expenses or liabilities incurred under the subcontract and that the SUBGRANTEE shall be solely liable to the Subcontractor for all expenses and liabilities incurred under the subcontract. Neither the State nor any agency or subdivision of the State ~vaives any defense of sovereign immunity, or increases the limits of its liability, upon entering into a contractual relationship. The SUB GRANTEE, its officers, agents, and employees, in performance of this agreement, shall act in the capacity of an independent contractor and not as an officer, employee or agent of the DIVISION. Under this agreement, SUBGRANTEE is not entitled to accrue any benefits of state employment, including retirement benefits and any other rights or privileges connected with employment in the State Career Service. SUBGRANTEE agrees to take such steps as may be necessary to ensure that each subcontractor of the SUBGRANTEE will be deemed to be an independent contractor and will not be considered or permitted to be an agent, servant, joint venturer, or partner of the DIVISION. The SUBGRANTEE shall not assign, sUblicense or otherwise transfer its rights, duties, or obligations under this agreement without prior written consent of the Department, which consent shall not be unreasonably withheld. The agreement transferee must demonstrate compliance with the requirements of the program. If the Department approves a transfer of the SUBGRANTEE's obligations, the SUBGRANTEE remains responsible for all work performed and all expenses incurred in connection with the agreement. In the event the Legislature transfers the rights, duties, and obligations of the DepmTment to another government entity pursuant to section 20.06, Florida Statutes, or otherwise, the rights, duties, and obligations under this agreement shall also be transferred to the successor government entity as if it were an original party to the agreement. · - o ,~ x~r'~F This agreement shall bind the successors, assigns and legal representatives of the SUBG~-_ , ft of an le al entity that succeeds to the obligation of the DIVISION. [ When ublications, films or similar materials are developed, threctly or md~rectly, fron~ a pro'g~a~, project, or activity supported with grant funds, any copyright resultang therefrom shall le h~t~ tl~ t pg. Page 3 of 4 IV. Department of State. The author may arrange for copyright of such materials only after approval from the DIVISION. Any copyright arranged for by the author shall include acknowledgment of grant assistance. As a condition of grant assistance, the SUBGRANTEE agrees to, and awards to the Department and to its officers, agents, and employees acting within the scope of their official duties, and if applicable, the Federal Government, a royalty-free, nonexclusive, and irrevocable license throughout the world for official purposes, to publish, translate, reproduce, and use all subject data or copyrightable material based on such data covered by the copyright. No costs incurred before the date of this Agreement shall be eligible as project expenditures. No costs incurred after the completion date or other termination of the Agreement shall be eligible as project expenditures unless specifically authorized by the DIVISION. The term of this agreement will commence on the date of execution of the agreement. THE SUBGRANTEE THE DIVISION BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA By: Donna Fiala, Chairman ATTEST: DWIGHT E. BROCK, Clerk By: Deputy Clerk Approved as to form and legal sufficiency: Thomas ~.Pal'm~r' - Assistant County Attorney Judith A. Ring, Director Division of Library and Information Services Department of State, State of Florida Witness Witness 12~03~2003 Page 4 of 4 EXECUTIVE SUMMARY RECOMMENDATION THAT THE BOARD OF COUNTY COMMISSIONERS APPROVE SUBMITTAL OF THE ANNUAL APPLICATION FOR FUNDING FROM THE UNITED WAY, THROUGH THE 4H FOUNDATION AND, IF AWARDED, APPROVE THE ACCEPTANCE OF THE $24,000 TO SUPPORT A PART-TIME 4H CUSTOMER SERVICE POSITION. OBJECTIVE: To continue to receive United Way funding from the United Way through the 4H Foundation to fund a 4H Customer Service position in the Collier County University of Florida/WAS Extension Department. CONSIDERATIONS: During the FY 2001 budget process, grant funding from the United Way was first recognized to support the funding of the 4H program within the Collier County University of Florida/IFAS Extension Department. Funding has been received in each year since and has been incorporated into the budget process for each fiscal year. A total of $52,000 has been received over the last several years. On February 18, 2004, the County Manager approved a new Grant Coordination Procedure, which requires that all grants to be submitted first be approved for submittal by the Board of County Commissioners. Therefore, it is now required that before submittal of this funding request to the United Way, that the Board of County Commissioners approve the submittal. $24,000 in grant funding is being requested for the calendar year 2005 to cover a part-time position to increase collaborative efforts with other youth-serving agencies including Parks, Library and after school programs. FISCAL IMPACT: Request for $24,000 in grant funding is being made for the fiscal 04-05. No county match funding required for this grant. GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this request. RECOMMENDATION: That the Board of County Commissioners approve the submittal of the annual application for funding from the United Way through the 4H Foundation and, if awarded, approve the acceptance of the $24,000 to support a part-time 4H Customer Service position. SUBMITTED BY: REVIEWED BY: APPROVED BY: ~tor .~ ~nator Jo~fi Dunnuck, Public Services Administrator Date: Date: Date:~/l[/(~'-~ Agendl I t e~ll~ MAR 2 3 EXECUTIVE SUMMARY AWARD OF CONTRACT # 03-3549 TO JOHNSON ENGINEERING, INC. FOR CONSULTANT SERVICES TO DEVELOP A PUBLIC LAND SURVEY SECTION (PLSS) BASE LAYER FOR USE WITHIN THE COUNTY'S ENTERPRISE GIS DATABASE. OBJECTIVE: To receive board approval to enter into a contract with Johnson Engineering, Inc. to develop Public Land Survey Section Base Layer for use within the County's enterprise GIS database. CONSIDERATIONS: On November 18, 2003, the Board approved Agenda Item No. (16) (E) (12), authorizing the staff to begin contract negotiations with the top ranked firm, Johnson Engineering, Inc. Staff has successfully completed contract negotiations to the amount of $262,400.00. The required tasks are to collect existing certified section corners coordinates from the State, to perform survey work to locate those section corners in the field that have no spatial coordinates 'and to file certification documents with the State. FISCAL IMPACT: Funds for the required tasks of this project, in the amount of $262,400.00, are available in the Countywide Capital Project's Fund 301, under the GIS Project 500142. Source of funds are from a combination of user fees, gas taxes, and ad valorem. GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact associated with this Executive Summary. RECOMMENDATION: That the Board of County Commissioners award a professional services agreement to Johnson Engineering, Inc. and authorize the Chairman of the Board to sign the standard, County Attorney approved contract. Also, that the Board approve any necessary budget adjustments. PREPARED BY': REVIEWED BY: APPROVED BY: APPROVED BY: APPROVED BY: Sr. GIS Programmer/Analyst Project Manager Stephen Y. C~nell Director of Purchasing Bert Miller GIS Manager Barry A~__od - Director of Information Technology Len Price, ~Administrator Administrative Services Division Date: Date: %/~/04' Date: ,,~ ,v=,,,,r~ a iTEM i'.!o. I ~ ~' /___. MAR 2 3 200 Date: EXECUTIVE SUMMARY APPROVE AMENDMENT NO. 3, CONTRACT # 00-3173, TO SPILLIS CANDELA DMJM, FOR ARCHITECTURAL SERVICES FOR DESIGN OF THE NEW COURTHOUSE ANNEX FACILITY IN THE AMOUNT OF $129,518.00. OBJECTIVE: To approve Amendment No. 3, Contract # 00-3173, to Spillis Candela DMJM for the design of the new Courthouse Annex facility. CONSIDERATIONS: On June 26, 2001, the Board approved the award of Contract # 00-3173, Design of the Courtheuse Annex, (Agenda Item 16E.5.) to Spillis Candela DMJM. The building space programming indicated that an 8-story building consisting of 17,500 sq. ft. per floor would be necessary to accommodate the projected growth of Courthouse support staff. Due to budget constraints, the project will be built in phases. The first phase was originally planned to consist of three completed floors with a foundation to support a future 8-story building. Subsequent to the award and during the Design Development Phase, the scope of the project was changed from design of a three story building to design of a three story building with a fourth story shell. This fourth floor shell is necessary to allow for future vertical expansion without disrupting the personnel and functions of the third floor while the expansion is taking place. Negotiations with Spillis Candela DMJM resulted in an additional architectural fee of $129,518.00 which is 6.6% of the additional project cost of $1,950,000 for the fourth floor shell. FISCAL IMPACT: The fourth floor additional project cost of $1,950,000.00, which includes the additional Architects fee of $129,518.00, will be funded from sales tax bond proceeds. GROWTH MANAGEMENT IMPACT: This request is consistent with the County's Master Space Plan. RECOMMENDATIONS: That the Board of County Commissioners approve Amendment No. 3, Contract # 00-3173 to Spillis Candela DMJM for the design of the Annex's fourth floor shell addition and to authorize the Chairman to sign an agreement with Spillis Candela DMJM after review by the County Attorney's Office. PREPARED BY: o CpkaCrognale, C~i~t~uction Manager rtment of Facilities Management REVIEWED BY: ~C~p, CFM, Director Department of Facilities Management Stepl~en Y. C-~rnell, Director Purchasing Department Len Golde~ ~rice, Administrator Administrative Services Division DATE: CONTRACT MODIFICATION CHECKLIST FORM PROJECT NAME: Courthouse Annex & Parkin.q Gara.qe PROJECT #: 52533 BID/RFP #: 00-3173 Amendment #: 3 AMOUNT OF THIS CHANGE $129,518.00 PO #: 4500002601 Work Order #: CONTRACT AMOUNT: ORIGINAL $ 435,354.00 CURRENT $1,391,698.00 (STARTING POINT) (INCLUDING THIS CHANGE ORDER) Last BCC Approved Amount $1,262,180.00 (LAST TOTAL AMT. REQUIRING BCC APPROVAL) Date of Last BCC Approval9/23/03 Agenda Item # 16 E 8 Percentage of the change over/under current contract amount_10.26% Formula: (Current Amount / Last BCC approved amount)-1 Results and Actions: If the change exceeds 10% BCC approval is required; under 10% reported to BCC on Purchasing report. CURRENT COMPLETION DATE (S): ORIGINAL: CURRENT: SUMMARY OF PROPOSED CHANGE (S): The first phase was oriqinally planned to consist of three completed floors with foundation to support a future ei.qht story buildin.q. Subsequent to the award and durinq the Desiqn Development Phase, the scope of the project chan.qed, it was chan.qed from three story buildinq to three stories with a fourth floor shell JUSTIFICATION FOR CHANGE (S): This fourth floor shell is necessary to allow for future vertical expansion without disrupting the personnel and functions of the third floor while the expansion is taking place. PARTIES CONTACTED REGARDING THE CHANGE: Skip Camp, Len Price, Jack Cro.qnale IMPLEMENTATION STEPS (Verify each before proceeding with change using Y, N or N/A) Y Proposed change is consistent with the scope of the existing agreement Y Proposed change is in fact an addition or deletion to the existing scope Y Change is being implemented in a manner consistent with the existing agreement Y The appropriate parties have been consulted regarding the change _Y Proposed prices, fees and costs set forth in the change are reasonable PROJECT MANAG~ER REJ;OMMENDATION: APPROVE: // ~.~_~¢'~ DISAPPROVE~.--~/ - / r - COMMEN'~.' Date: ~'////¢ ~'- Date: REVISED 9/9/03 AGENDA ITEM.,.~ m MAR 2 3 200 | EXHIBIT A-1 Contract Amendment # 3 "Addition of the 4~h Floor as Shell Space for the Courthouse Annex" This amendment, dated ., 2004 to the referenced agreement shall be by and between the parties to the original Agreement, Spillis Candela & Partners, Inc. d/b/a Spillis Candela DMJM (to be referred to as "Contractor") and Collier County, Florida, (to be referred to as "Owner"). Statement of Understanding RE: Contract # 00-3173, Design of the Courthouse Annex and Parking Garage. In order to continue the services provided for in the original Contract document referenced above, the Contractor agrees to amend the above referenced Contract as per the Supplemental Authorization Exhibit "Amendment # 3 Changes in the Scope of Work" attached to this Amendment and incorporated herein by reference. This Amendment shall extend the Agreement through April 2, 2004. The Contractor agrees that this amends the original Contract and that the Contractor agrees to complete said services in the amount of One hundred and twenty-nine thousand, five hundred and eighteen dollars as per Exhibit "Amendment # 3 Estimate of Design and County Administrative Fees". All other terms and conditions of the agreement shall remain in force. IN WITNESS WHEREOF, the Contractor and the County have each, respectively, by an authorized person or agent, hereunder set their hands and seals on the date(s) indicated below. ATTEST: Corporate S ecretary/~Cime,~ By: ~,o/5~'e,j b.M/t.~,/~ Dated: ~ ~,,'l,~ ~ CONSUL-TANT Spillis Can el~MJM By: '-~Oklt~LB ~- I-{'~CO0~' Title: Dated: ATTEST: Dwight E. Brock, Clerk CORPORATE SEAL OWNER: BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: Donna Fiala, Chairman Approved as to form and Legal sufficiency: ~ Assistant'~o~nty Attorney .AR 2 3200 I .o._. 4 I 800 Douglas Entrance North Tower, Second Floor Coral Gables, FL 33134 T 305.444.4691 ~ 305.~,47.3580 www.scpmiami.com Peter J. Spillis, Hi[ado F. Candela, Fa, lA lulio Grabiel, AIA Aramis Alvarez. AIA Guillerrno Carreras, AIA Donald Dwore, FAIA Oean l(. Newberry, IIDA JesOs Cruz, AIA Deborah S. I(lem Michael Kerwin, AIA Paul Reinarrnan W. Ronald Hunt, PE Jorge Ig[esias, RIA Enrique J. Maci~, Sandy O'l~eil Los Angeles ~,Vashing~on, DC San Francisco Denver Orange Colorado Spring_~ Phoenix Salt Lake City Albuquerque Fort Worth Houston Dat[as ltaiami Detroit Orlando San Diego Chicago Los Alamos Columbus . -. Richland, WA New York Kuwait C~[~" spiiliscandda January 27,2004 Mr. Jack Crognale Construction Manager Department of Facilities Management Collier County Government General Services Building 3301 Tamiami Trail East Naples, FL 34113 Re: Courthouse Annex (4'h floor shell) __ _S_Q_DMJM NO._0_3211¢;1_27._0¢01 _ DearJack: Per our telephone conversation of Thursday, January 25, 2004, 1. Estimate of Project Costs (4tn floor as shell floor) 2. Estimate of A/E Design Fees 3. Scope statement for 4:h floor shell space 4. Page 39 for 4t~ floor shell space $ $ If you need other information, please advice. Sincerely, Donald J. Dwore, FAIA Principal in Charge DD:hm cc: D. Klem R. Macia florida License AA 0003298 AN AECOM COMeAr~r have enclosedthefollowing: 1,834,470.00 129,518.00 _.¢ spilliscandda Amendment #3 changes the Scope of Work as follows: Item 1 A fourth (4'h) floor of shell space, 18,000 SF will be added to the 3 floors of finished space (approximately 58,000 SF) now being designed for the Cbllier County Courthouse Annex. Foundations will be prepared for 4 more floors for a total of 8 floors. The roof and exterior envelope are to match the proposed building, interior as shell space without finishes. The mechanical system will provide the air handling unit for the floor with a main trunk line and One thermostat to provide minimum cooling, but without low pressure ductwork distribution. Ihe4:equired fire pro~ection~stem ~vill beJastalled _vvithone_spriakler.kneacLper ! 20 sq. A The electrical system will have minimum early warning detection smoke alarms with life safety lights, and a feeder and panel to serve the HVAC unit. Schedule We propose a brief but focused effort to bring the fourth shelled floor through the schematic and design development phases. This effort will then allow for the completion of the Construction Documents inclusive of the added floor. Further, our goal is to submit both projects as one to the Site Development Plan process, as well as the final Construction Documents sets. As such, we propose an extension of the schedule that will establish April 2, 2004 as the 100% Construction Documents submittal for both the 4 story Annex and the Parking Garage. MAR 2 3 200 ,! / spiBscandda Amendment #3 Estimate of Design and County Administrative Fees For the Design of Collier County Government Complex Addition of 4"~ Floor as Shell Space January 27, 2004 A. 1. Courthouse Annex - 4~h floor as shell space a) One unfinished floor as shell space - 18,000 SF b) Contingency @ 10% c) A/E fees for items A. 1 (a-b) @ 7.25% d) Testing and Administrative fees for project @ 1.75% Subtotal: $ a) Total A/E Fees $ b) A/E expenses (printing, travel, Fedex, mail, etc.) $ c) Testing and Total Administrative fees (County expenses) $ Total A/E and County Administrative Fees: $ 122,018.00 29,452.00 151,470.00 122,018.00 7,500.00 29,452.O0 158,970.00 A/E Fees for Phase 2 work (includes expenses of $2,500.00) $ 94,014.00 A/E Fees for Phase 3 work (includes expense of $5,000.00) $ 35,504.00 Total A/E Fee with expenses: $ 129,518.00 AGENDA I T E M,,,.~ MAR 2 3 200 , P~. spiilisc , deia Amendment #3 Estimate of Project Costs Collier County Government Complex Addition of 4"~ Floor as Shell Space January 27, 2004 Ao Courthouse Annex - Add Fourth Floor as Shell Space a. 1 shell floor, 18,000 SF b. Contingency @ 10% Subtotal: Other Project Costs ......... · o/ 2 for a: Design;testing and-a-dministrat~on-@ 9,0 (7.' 5 Total: $ $ 1,530,000.00 $ 153,O0O.OO $ 1,683,000.00 151,470.00 1,834,470.00 B. Total Costs for Courthouse Annex (4~h floor shell only) $ 1,834.470.00 MAR 2 3 2004 spilliscandda 2.1.2. A lump sum fee of: Eighteen Thousand Eight Hundred and Three Dollars ($18,803.00) - Includes $500.00 for expenses. For the Schematic Design Phase of the Project. 2.1.3. A lump sum fee of: Twenty Four Thousand Nine Hundred and Three Dollars (24,903.00) - Includes $500.00 for expenses. For the Design Development Phase of the Project. 2.1.4. Alump sum fee of: Fifty Thousand Three Hundred Eight Dollars ($50,308.00) -Includes $1,500.00 for expenses. For the Construction Documents Phase of the Project. Phase 3 2.1.5. Alump sum fee of: Six Thousand Six Hundred One Dollars . -(6,601~00) =-lnc!udes$500.OO.for-expen _ _scs - F o r-~l~-e-BiFdFd i-5~ PPi~-S ~-6f -~lfi ~--P~ject. 2.1.6 A lump sum fee of: Twenty Eight Thousand Nine Hundred Three Dollars ($28,903.00) -Includes $4,500.00 for expenses. For the ConStruction Phase services of the Project. This amount does not include fees for the 3 month, 6 month and 1 year warranty inspections. The fee for the 3 month, 6 month and 1 year warrantee inspections has been included in previous proposals. 2.1.7. The fees noted in paragraph 2.1.2 through 2.1.6 shall constitute the total amount of One Hundred Twenty Nine Thousand Five Hundred Eighteen Dollars ($129,518.00), to be paid to the Design Professional for the performance of the Basic Services - Phase 2 and Phase 3. If Contingency Services, as provided for under Section 2.1 of the Agreement are provided, the Owner agrees to pay the Design Professional a negotiated fee based on the work to be performed. None of these services are anticipated at this time. 39 EXECUTZVE SUMMARY APPROVAL OF A RESUOLUTION AUTHORIZING THE BOARD Of COMMISSIONERS TO DELEGATE LIMITED ADMINISTRATIVE AUTHORITY TO THE APPOINTED PRIVACY OFFICER AND SECURITY OFFICER FOR THE PURPOSES OF COMPLIANCE WITH THE HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT OF 1996. OB.]ECT]:VE~' To promote the efficient administration of compliance activities under the provisions of the Health Insurance Portability and Accountability Act of 1996. CONSTDERATTONS: The Health Insurance Portability and Accountability Act of 1996, also known as HIPAA, requires that covered entities implement various practices to assure the privacy of Protected Health Information (PHI) for those persons served under the covered components of the program. During the summer of 2003, a HIPAA "gap analysis" was completed by the firm of Allen, Norton and Blue to identify those covered components and to make recommendations to bring the County into compliance. Examples of covered components which are subject to HIPAA privacy requirements include claims information utilized by Risk Management under the group health insurance program; medical information gathered by EMS personnel in the performance of their duties; medical information utilized by the Human Services Department in performing services for their clients~ and information housed within the Information Technology Department which is Protected Health Information. In addition to the completion of this "gap analysis", the County Manager appointed a HIPAA Privacy Officer and a Security Officer pursuant to the requirements of the HIPAA law and its administrative rules. The role of the Privacy Officer is to oversee the general administration of the program including but not limited to the adoption of Business Associate Agreements and Notice of Privacy communications; the development of practices and procedures; the enforcement of violations; audit; and training. The role of the Security Officer is to oversee the implementation of information technology physical/access safeguards; assure data integrity and transfer; the creation of an information technology organizational structure for the purposes of compliance; and training. A HIPAA oversight committee has been established to assist with oversight, training and program development. In order to assist the Privacy Officer and Security Officer in administering the program, a resolution is presented which delegates limited authority to the Privacy Officer and Security Officer to implement the rules found within the statute, but also allows these officials to -approve required documents and Business Associate Agreements with County vendors subject to the approval as to legal sufficiency by the County Attorney. FTSCAL ZMPACT: There is no fiscal impact associated with this item. GROWTH MANAGEMENT ZMPACT: this item There is no growth management impact associated with MAR 2 3 2006 / RECOMMENDATION: It is recommended that the Board approve the attached Resolution to delegate limited administrative authority to the appointed Privacy Officer and Security Officer for the purposes of compliance with the provisions of the Health Insurance Portability and Accountability Act of 1996. ]el~i~lker, CPCU, ARM~ Director, Risk Management Department REVlEWEDBY~;co~~e~~~ch.,~Ass_i.~~~ant/~'C:o'~unt~y~..~_orney/ Date: 3//~;~/~'~/ Len Golden ~rice, Administrative Services Administrator RESOLUTION NO. 04- RESOLUTION AUTHORIZING THE BOARD OF COMMISSIONERS TO DELEGATE LIMITED ADMINISTRATIVE AUTHORITY TO THE APPOINTED PRIVACY OFFICER AND SECURITY OFFICER FOR THE PURPOSES OF COMPLIANCE WITH THE PROVISIONS OF THE HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT OF 1996. WHEREAS, Congress passed and the President of the United States signed into law the Health Insurance Portability and Accountability Act of 1996, also known as HIPAA; and WHERE.AS, the Board of Commissioners of Collier County through its County Manager is responsible for the operation of several "covered components" within its operating divisions as defined by the statute; and WHEREAS, thb Board of Commissioners is a "Hybrid Entity" pursuant to the statute which comprises several different types of"covered components" within a single organization; and WHEREAS, the provisions of the privacy and security roles require the appointment of a Privacy Officer and a Security Officer to establish compliance practices and procedures for covered entities; and WHEREAS, the County Manager has appointed the Director of Risk Management as Privacy Officer and the Security Administrator of the Information Technology Department as the Security Officer; and WHEREAS, to assure the efficient administration of the program, the Board of Commissioners has determined that it is desirable to delegate limited administrative authority to the Privacy Officer and the Security Officer; and NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER CoUNTY, FLORIDA 1) The Board of County Commissioners adopts the following Statement of Hybrid Classification. Statement of Hybrid Classification Collier County, Florida encompasses a multitude of governmental functions, blany departments of the County are'not considered covered components under the Privacy Rules of the Health Insurance Portability and Accountability Act and some would be considered covered components based on the department's functionality. Collier County hereby designates itself as a hybrid entity. Under the hybrid entity roles, it is hereby designated that the Collier County Emergency Services Department, Risk Management Department, Information Technology Department and Human Services Department are covered components under the Act. All other departments and divisions within the County are not covered under the roles. 2) The Privacy Officer shall have the authority to amend the Statement of Hybrid Classification fi-om time to time, as needed, if it is determined that another department or operation becomes a covered operation. 3) The Privacy Officer shall have the authority to approve Notice of Privacy Practice postings subject to the approval for legal sufficiency by the County Attorney. 4) The Privacy Officer shall have the authority to approve and execute Business Associate Agreements necessary to assure compliance with the general provisions of the statute, privacy and security rules, subject to the approval for legal sufficiency by the County Attoruey. 5) The Privacy Officer shall have the authority to implement the privacy rules. 6) The Security Officer shall have the authority to audit and enforce the provisions of the information technology rules of the statute including but not limited to the establishment of physical and/or access safeguards; assuring data integrity and transfer; the establishment of an organization structure for the purposes of compliance; and training. This authority shall extend to those covered and non-covered components which have direct and/or indirect interaction with HIPAA. 7) The Security Officer shall have the authority to approve and execute Business Associate Agreements necessary to assure compliance with security provisions of the statute subject to the approval for legal sufficiency by the County Attorney. 8) The Privacy Officer and Security Officer may delegate this authority for a limited period of time in the event of absence, illness, foreseen or unforeseen events. This Resolution adopted after motion, second and majority vote in favor of this adoption this __ day of ,2004. ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA BY: BY: Deputy Clerk Commissioner Donna Fiala, CHAI:RMAN Approved as to f~Tn ~d legal sufficiency: Scott Teach, Assistant County Attorney '1 AG£NOA IT£M No./g-~'-'~ 2. MAR 2 3 200/, ] Pg' 7 - EXECUTZVE SUMMARY APPROVAL OF A BUDGET AMENDMENT TO FUND 517, GROUP HEALTH AND LIFE INSURANCE, TO PROPERLY BUDGET FOR PREMIUMS PAID TO CIGNA DENTAL PLAN AND TO REFLECT A CORRESPONDING DECREASE IN THE GROUP HEALTH CLAIMS BUDGET. OB.1ECTIVE: To amend the Group Health and Life budget to properly account for premiums paid to CIGNA Dental Plan as a result of the Board's decision to purchase first dollar dental insurance coverage. CONSZDERATIONS: On November 18, 2003 the Board approved the purchase of fully insured dental coverage through CIGNA Dental Plan, Inc. effective January 1, 2004. When the FY 04 budget was approved in September, 2003 this purchase was not planned. Therefore, a budget amendment is being presented to reflect the purchase of this coverage. Previous to January 1, 2004, group dental coverage was provided through a self-insured arrangement as part of the Group Health Plan. Claims expenses were paid from the Group Health Claims line item. All claims incurred after January 1, 2004 will be paid by CIGNA Dental Plan and therefore, will not be reflected in the Group Health Claims line item. The requested budget amendment will transfer funds from the Group Health Claims line item to the Reinsurance Premium line item to reflect a decrease in dental claims paid and to reflect the increase in premiums paid to CIGNA Dental Plan. There is no aggregate change to the budget and no additional funds are being sought. This change will more accurately appropriate funds to the appropriate line items. FISCAL IMPACT: There is no aggregate change to the budget. The object code for Reinsurance Premium (645910) is being increased by $1,006,000 and the object code for Group Health Claims (645920) is being decreased by $1,006,000. GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this item. RECOMMENDATION: It is recommended that the Board approve a budget amendment to Fund 517, Group Health and Life, to properly account for premium expenditures for group dental coverage. -~ft~Val[(~r, CPCU, ARM, Director, Risk Management Department Len Golde~ Price, Administrative Services Administrator EXECUTIVE SUMMARY RECOMMENDATION TO EXTEND CONTRACT NUMBER 01-3253 INSTALLATION AND MAINTENANCE OF TRAFFIC SIGNALS UNTIL MAY 30, 2004 OBJECTIVE: To extend the current contract for installation and maintenance of traffic signals until May 30, 2004 to allow staff to prepare a more defined scope of services. CONSIDERATION: Collier County is presently under contract with E.B. Simmonds Electric and Mid-Continent Electric to provide installation and maintenance of traffic signals. The Traffic Operations Department chose not to renew this bid for an additional term because one of the firms closed its Naples office. Additionally, due to the implementation of the Countywide Computer Signal Traffic System, there were significant changes to the scope of services. This bid has been extended to the maximum time allowed through the administrative process to allow the Traffic Ol~erations Department to develop defined specifications that meets the requirements of the new signal system. Presently, additional information regarding the specifications, equipment and services for the new system is being completed. An extension until May 30, 2004 is requested to continue maintenance services in the event emergency repairs are required. FISCAL IMPACT: There is no fiscal impact. GROVVTH MANAGEMENT IMPACT: There is no impact on the Growth Management Plan. RECOMMENDATION: That~e Board of County Commissioners approve the extension of Contract 01-3253 until M'a,y'30, 2_.0_04 SUBMITTED BY: ~~--~ D ate: ¢'"///'"4:~'' · ~ S~cott D. Johnson, Purchasing Agent Purchasing Department Step~n ~'~ C~nell, Director Purchasing/General Services APPROVED BY: Len Gol(~en Price, Administrator Administrative Services Division EXECUTIVE SUMMARY APPROVE CONTRACT FOR CONSTRUCTION MANAGER AT RISK PROPOSED EMERGENCY OPERATIONS CENTER, RFP # 04-3609, CONSTRUCTION, INC. FOR THE TO KRAFT OBJECTIVE: To award RFP #04-3609, proposed Emergency Operations Center (EOC), to Kraft Construction Company, Inc. CONSIDERATIONS: On December 8, 2003, the County Manager authorized a selection committee, made up of representatives from EMS, Sheriff's Office, Emergency Management, Facilities and Purchasing, to review, evaluate and rank proposals from construction firms capable of providing construction management at risk services for the EOC. The RFP was advertised on December 19, 2003. Notices were sent to 207 firms with 17 firms requesting the full RFP package. On the due date of January 23, 2004, 5 proposals were received: Kraft Construction, Centex-Rooney, James A. Cummings, Inc., W.G. Mills, Inc. and The Morganti Group & PBS. Kraft Construction was selected as the first choice (see attached Ranking Matrix). Staff, with the following results, negotiated the contract for the Emergency Operations Center. Services durinq Desi.qn Phase: One half of one percent of Targeted Construction Construction budget of $14,000,000. The fee for the Design Phase will be $70,000.00 Services durinq Construction Phase: Guaranteed Maximum Price (GMP) will be determined when Design Development Documents are sufficiently complete to establish the scope of work for the project. FISCAL IMPACT: The total approved budget is $1,500,000 for the design only. These funds were made available from the 301 Capital Project Fund and are sufficient to fund the services during design. Staff will return to the Board for approval of the GMP and to request funds for the construction when the GMP has been determined. GROVVTH MANAGEMENT IMPACT: This request is consistent with the County's Growth Management Plan. Emergency Operations Center RFP #04-3609 Pa.qe 2 RECOMMENDATIONS: That the Board of County Commissioners award RFP #04-3609 to Kraft Construction Company, Inc. and authorize the Chairman to sign an agreement with Kraft Construction .Company, Inc. after review by the County Attorney's Office. PREPARED BY: /,~/' ~ ,~ack Crognale, Co"nstruction Manager epartment of Facilities Management REVIEWED BY: ~r REVIEWED BY: Department of Facilities Management -~/~Carne~ll,' ~ Director Purchasing Department DATE: DATE: Len Gold~/n Price, Administrator Administrative Services Division DATE: / .~R 2 3 zoo,~ / Z © © ~- 0 Q EXECUTIVE SUMMARY AWARD A CONTRACT FOR ARCHITECTURAL SERVICES IN THE AMOUNT OF $420,010 TO WALKER PARKING CONSULTANTS FOR THE DESIGN OF THE VANDERBILT BEACH PARKING GARAGE, RFP # 04-3582. OBJECTIVE: To award RFP # 04-3582, design of the Vanderbilt Beach Parking Garage to Walker Parking Consultants. CONSIDERATIONS: On January 27, 2004, the Board approved the short list for architectural services for the design of the Vanderbilt Beach Parking Garage and authorized staff to negotiate a Professional Services Agreement with the top ranked firm Walker Parking Consultants. The total not to exceed fee negotiated with Walker Parking Consultants for design services of a 3 story, 350 vehicle parking garage is $420,010. FISCAL IMPACT: Funds of $420,010 for the design of the garage are available and currently budgeted in the Tourist Development Capital Project Fund under Project 90295. The source of the funds will be user fees. GROWTH MANAGEMENT IMPACT: This request is consistent with the County's Growth Management Plan. RECOMMENDATIONS: That the Board award RFP # 04-3582 to Walker Parking Consultants and authorize the Chairman to sign an agreement with Walker Parking REVIEWED BY: Consultants after review by the County Attorney's Office. PREPARED BY: /~" /~'"~ack Crognale, Construction Manager yDepartment of Facilities Management REVIEWED BY: 'Skip Camp, CFM, Director Department of Facilities Management Purchasing Department Len Golde~ Price, Administrator Administrative Services Division EXECUTIVE SUMMARY APPROVE A MODIFICATION TO THE FY- 04 EMERGENCY PREPAREDNESS AND ASSISTANCE GRANT ACCEPTING $41,897 AND APPROVE A BUDGET AMENDMENT TO RECOGNIZE AND APPROPRIATE ADDITIONAL REVENUE OBJECTIVE: Approval of a modification to the FY 04 Emergency Preparedness and Assistance Grant accepting $41,897 in additional Federal Funds and approval of the necessary budget amendment. CONSIDERATIONS: The Federal Emergency Management Agency (FEMA) through the Florida Department of Community Affairs annually makes funds available for local emergency management programs. The County will be awarded $41,897 in Federal funds for FY 04 through a modification to the existing Emergency Preparedness & Assistance Grant, Agreement #04BG-04-09-21-01-011, originally approved by the Board of County Commissioners on September 23, 2004. For FY 04, $38,000 was anticipated from this source and was budgeted for salaries and benefits in the Emergency Management general fund operating budget. The acceptance of these Federal funds requires a dollar for dollar local government match which has been provided for within Emergency Management's general fund operating budget. The additional $3,897 of Federal funds will be recognized and appropriated by budget amendment. FISCAL IMPACT: An increase, by budget amendment, of $3,897 to FY 04 Emergency Management General Fund (001) operating budget. The local match of $41,897 is already included in the FY 04 Emergency Management General Fund (001) operating budget. GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact associated with this Executive Summary. RECOMMENDATION: The Board of County Commissioners 'approve a modification to the FY-04 Emergency Preparedness and Assistance Grant accepting $41,897 and approve a budget amendment to recognize and appropriate additional revenue. SUBMITTED BY: ~//~,,~ Date: El--arcy/rb,~aldi. o~, Erhergenc-y Management Department REVIEWED BY: '~"Xrx~.h.w~ t ~ .~tO ,~ Date: lqai'le~e Foor'd, G~ts i2o~'dinator APPROVED B YF~"~~ .._ Date: '- Dan Summers, Emergency Management Director AGENDA.ITEM No. lt" t:;;" 1-' 2 3 200 DEPA JEB BUSH Governor STATE OF FLORIDA OF COMMU RTMENT NITY AF "Dedicated to making Florida o better place to call home" FAIRS Heidi Hughes Interim Secretary March 3, 2004 CERTIFIED MAIL RETURN RECEIPT REQUESTED Mr. Dan Summers, Director Collier County Emergency Management 3301 Tamiami Trail East Naples, Florida 34112 RE: AWARD LETTER Agreement # 04BG-04-09-21-01-011 Dear Mr. Summers: In accordance with Section IV, Modification of Contract, this Award Letter serves as a legal modification to your Base Grant Agreement. This Award Letter provides FEDERAL funds to your County in the amount of $41,897. These federal funds continue to require a dollar for dollar non-federal match. Please ensure that your County can provide the required additional match before accepting these funds. This Award Letter increases your County's total amount of funding under this Agreement to $144,856. You must return the attached budget f&m (Attachment A-l) showing the anticipated expenditure of the Federal funds. All other terms and conditions of the Agreement shall remain in full force and effect. Please make this a part of your Agreement file. RECEIVED EMERGENCY MANAGEMENT 25551~o SHUMARD OAK BOULEVARD .TALLAHASSEE, FLORIDA 32399-; P ne: (850) 4888466/Suncom 278.8466 FAX~ (aS0) 921 .0?a~/Suncom 29~ ~' O~..ND.,~,J'J'EM Internet address: http //www dca.state.fi.us CRITICAL STATE CONCERN FIELD OFFICE COMMUN,~ PLANNING EMERGENCY. . O ' "' , MAR 2 3 20~ 27~ Overseas H~gnway State 212 2555 Shumard Oak Boulevard 25S5 Shumard Oak BoulevarO 2555 Shumard Oak Boule. i Meralhon. FL 33050-2227 Tallahassee. FL 32399-21~ T~l~ahassee ~L 32399-21~ Tallahassee. FL 32399-21~ -. Mr Dan Summers, Page Two March 3, 2004 Director Should the County not wish to accept these additional funds, then the County must provide notice to the Department within (30) days of receipt of this Award Letter. Otherwise, the count3, shall provide to the Department its written notice of acceptance within forty-five (45) days of receipt of the Award Letter. The terms of this Agreement shall be considered to have been modified to include the additional funds upon receipt of the written notice of acceptance. This is in accordance with Section IV, Modification of Contract. Rule 9G-19.006(4), Florida Administrative Code provides for the reallocation of any' unspent (State EMPA) Base Grant funds. All but a very small portion of funds were utilized by the counties in Fiscal Year 2002-03; therefore, in accordance with the Rule, a reallocation of funds for Fiscal Year 2003-04 can nol be made. You may indicate your acceptance of these funds by signing and returning a copy' of th~s Award leuer and the attached budget page to Ms. Dee Giles, Department of Community Affairs, Division of Emergency Management, 2555 Shumard Oak Boulevard, Tallahassee, Florida 32399-2100. Respectfully, x, VCF/dgs ~""W. Craig Fugate, Director Division of Emergency Management .&ttachment I accept the additional funds and agree to all terms and conditions as set forth in the Base Grant Agreement. County' Collier Authorized Official' Title: Chairman, Board of Collier County Commissioners Date' , Attest: Dwight E. Brock, Clerk By: (Deputy Clerk) Approved forFormand LegalSufficiency: ~"~ c~-~4~.,~ ssi t County Attorney AGENDAJTEM - Attachment A- 1 Budget The anticipated expenditures for the Categories listed below are for the Emergency Management Performance (EMPG) Federal portion of this subgrant only (Paragraph (16)(a), FUNDING/CONSIDERATION). Category_ Salaries/Fringe Benefits Other Personal Services Expenses Operating Capital Outlay Fixed Capital Outlay Total Federal Funds Anticipated Expenditures Amount A(3ENDA IT~EM EXECUTIVE SUMMARY REQUEST THAT THE BOARD OF COUNTY COMMISSIONERS APPROVE THE SUBMITTAL OF AN APPLICATION TO FEMA FOR THE ASSISTANCE TO FIREFIGHTERS GRANT PROGRAM FOR THE ISLES OF CAPRI FIRE RESCUE DISTRICT OBJECTIVE: To apply for FEMA grant funding for the purpose of replacing fire apparatus that is no longer servicible, CONSIDERATIONS: The total cost of the project is estimated at 290,000. The federal funding request is in the amount of 261,000. Because the area serviced by the Isles of Capri Fire District is less than 50,000 people, the local match is 10% of the total. FISCAL IMPACT: The grant request is 261,000 and the local match amount 29,000 recognized from the Isles of Capri Reserves fund 9000/991000 in the fiscal year 05. GROWTH MANAGEMENT IMPACT: There is no growth impact associated with this request RECOMMENDATION: That the Board of County Commissioners approve the FEMA grant application request for funding of fire apparatus. SUBMITTED BY: ' 71.-' Date: Emilio Rodriguez, Fire Chief REVIEWED BY: ~ ',"X-V-.,..K,vv-e.X~:','-c~-,tt Date: ~ /l/Ut-{ Marlene/F~rd, Grants Corrdinator APPROVEDBY~-r'~-~~'-_----~.. Date: ~,,,~?~,~ ~ - Dan Summers, EmergenCy Manager AGEblDA JTF..M MAR 2 3 200q Grant Program Objective The purpose of the program is to award grants directly to fire departments of a State for the purpose of enhancing their ability to protect the health and safety of the public, as well as that of firefighting personnel, facing fire and fire-related hazards. This program seeks to identify departments that lack the basic tools and resources necessary to protect the health and safety of the public and their flrefighting personnel. Our primary goal is to provide assistance to correct these deficiencies. The authority of this program is derived from the Federal Fire Protection and Control Act of 1974 (15 U.S.C. 2201 et seq.), as amended. Each year that this program is apprOpriated, we will issue Program Guidance and a Notice of Funds Availability in the Federal Register. Each document would provide those interested with information concerning the level of funding and the specific priorities for that year. Eligible applicants are fire departments or fire departments of a State which is defined as an agency or organization that has a "formally recognized arrangement" with a State, local or tribal authority (city, county, parish, fire district, township, town, or other non-Federal governing body) to provide fire suppression services within a fixed geographical area. A fire department can apply for assistance for its emergency medical services unit provided the unit falls organizationally under the auspices of the fire department. A municipality or fire district may submit an application on behalf of a fire department when the fire department lacks the legal status to do so, e.g., where the fire department falls within the auspices of the municipality. When a municipality or fire district submits an application on behalf of a fire department, the fire department is precluded from submitting an additional application. Non-Federal airport and/or port authority fire departments are eligible, but only if they have a formally recognized arrangement with the local jurisdiction to provide structural fire suppression, on a first-due basis, outside the confines of the airport or port facilities in an area that is not otherwise protected by any other fire department. Airport or port authority fire departments whose sole responsibility is suppression of fires on the airport grounds or port facilities are not eligible for this grant program. Fire departments that are Federal or contracted by the Federal government and whose sole responsibility is suppression of fires on Federal installations are not eligible for this grant program. Fire stations that are not independent but are part of, or controlled by a larger fire department or agency, are typically not eligible. Fire departments that are for-profit departments (i.e., do not have specific non-profit status or are not municipally based) are not eligible to apply for assistance under this program. Also not eligible for this program are ambulance services, rescue squads, auxiliaries, dive teams, urban search and rescue teams, fire service organizations or associations, and State/local agencies such as a forest service, fire marshal, hospitals, and training offices. Close Window https://portal, fema.gov/firegrant/j sp/fire2OO4/application/obj ective_2OO4.html [' AGENDA ITEM MAI? 2 3 200 Pg.__ ~ 0 0 0 0 0 n , <~ OWE U.lCl ~' 0 <~ ~, > U.l 0 ~ 0 0 0 0 O0 030303 222 0 0 0 0 0 0 ~ ~ 0 0000 0000 0000 0~ 0~ 0000 0000 0000 0000 0000 0~ 0~ UJ ~cr~L~ www ~>> '- ~AG~'ND~, I~ No. /6,? a/ ~ MAR 2 3 200~ Pg. ~ EXECUTIVE SUMMARY APPROVAL OF A TOURISM AGREEMENT WITH THE MARCO ISLAND HISTORICAL SOCIETY, INC. IN THE AMOUNT OF $7,500 TO COMPLETE THE ACQUISITION AND DEVELOPMENT OF PLANS TO BUILD A MUSEUM ON MARCO ISLAND. OBJECTIVE: Approve a Tourism Agreement between Colder County and the Marco Island Historical Society, Inc. to allow for reimbursement of the final payment of $7,500.00 of the total $25,000 project approved by the County Commission on October 8, 2002. CONSIDERATIONS: The TDC recommended and the County Commission approved funding a project with the Marco Island Historical Society to design a Museum for Marco Island in the amount of $25,000. To date, the Historical Society has expended and been reimbursed for $17,500 of that amount. They have submitted a request for reimbursement for the balance of $7,500 dated January 5, 2004. The contract for this work expired on September 30, 2003, but the Society inadvertently missed the deadline to request an extension of the contract. They are now asking for that extension and subsequent reimbursement of their final installment of $7,500. The Tourist Development Council (TDC) recommended this contract approval at their February 23, 2004 meeting. FISCAL IMPACT: Funds are in the FY 04 Tourism Budget to cover this payment. GROWTH MANAGEMENT IMPACT: There is no Growth Management impact from this action. RECOMMENDATION: That the Board of County Commissioners approve the Tourism Agreement between Collier County and the Marco Island Historical Society, Inc. to allow reimbursement of the final installment of $7,500. SUBMITTED BY JACK WERT, TOURISM DIRECTOR DATE APPROVED BY /DATE I AR 2 3 200 Pg. l 2004 TOURISM AGREEMENT BETWEEN COLLIER COUNTY AND THE MARCO ISLAND HISTORICAL SOCIETY, INC. FOR ACQUISITION AND DEVELOPMENT THIS AGREEMENT, is made and entered into this __ day of ,2004, by and between the Marco Island Historical Society, !nc, a Florida not for profit corporation, hereinafter referred to as "HISTORICAL SOCIETY" and Collier County, a political subdivision of the State of Florida, hereinafter referred to as "COUNTY". WHEREAS, the COUNTY has adopted a Tourist Development Plan (hereinafter referred to as "Plan") funded by proceeds from the Touris! Development Tax; and WHEREAS, the Plan provides that certain of the revenues generated by the Tourist Development Tax are to be allocated for the promotion and development of museums of Collier County and for the promotion and advertising of activities and certain special events intended to bring tourists to Collier County; and WHEREAS, the COUNTY may use Tourist Development Tax funds for museums of Collier County in general and the advertising, promotion and holding of special events in Collier County in particular during the months of May through November nationally and internationally; and WHEREAS, the COUNTY and HISTORICAL SOCIETY entered into an agreement dated October, 8, 2002 for funding of the acquisition and development of the Marco Island Historical Museum of Collier County in the amount of $25,000.00; and WHEREAS, the above agreement expired on September 30, 2003; and WHEREAS, the HISTORICAL SOCIETY requests funding in order to finish the acquisition and development which was not completed by September 30, 2003. WHEREAS, the COUNTY desires to fund the proposed acquisition and development of the Marco Island Historical Museum of Collier County pursuant to this Agreement. NO. ~ 2 3 200 , Pg. ~ NOW, THEREFORE, BASED UPON THE MUTUAL COVENANTS AND PREMISES PROVIDED HEREIN, AND OTHER VALUABLE CONSIDERATION, 1T IS MUTUALLY AGREED AS FOLLOWS: 1. SCOPE OF WORK: "HISTORICAL SOCIETY" shall be the recipient of a grant in the amount of Seventy-Five Hundred Dollars [$7500.00] to be used as set forth in Exhibit "A" for: a. Architectural Design. b. Artist rendering/Floor Plan. c. Preparation of a Scale model of the proposed Marco Island Historical Museum of Collier County. The "HISTORICAL SOCIETY" shall provide matching funds in the amount of Five Thousand Dollars [$5,000], said funds to be available at the time of the receipt of the initial funding of the Grant. 2. PAYMENT: The County Tourism Director shall determine that the invoice payments are authorized and the goods or services covered by such invoice(s) have been provided or performed in accordance with such authorization. (a) The amount to be paid under this Agreement shall be Seventy-Five Hundred Dollars [$7500.00]. The GRANTEE shall be paid in accordance with fiscal procedures of the County for expenditures incurred for the architectural expenses as described in Paragraph 1 upon submittal of an invoice and upon verification that the services described in the invoice have been completed or that goods have been received. (b) GRANTEE shall determine that the goods and services contracted for have been properly provided, and shall submit invoices to the County Tourism Director for review. (c) The County Tourism Director shall determine that the invoice payments are authorized and that the goods or services covered by such invoice[s] have been provided or performed in accordance with such authorization. The line item budget attached as Exhibit "A" shall constitute authorization for the expenditure[s] described in the invoice[s]. (d) All expenditure shall be made in conformity with this Agree AGENDA ITEM NO. ~ I AR 2 3 200 2 pg. -~ (e) Each invoice submitted by GRANTEE shall be itemized in sufficient detail for audit thereof and shall be supported by copies of corresponding documentation such as vendor invoices and proof of receipt of the goods or performance of the services invoiced. (f) GRANTEE shall certify to the COUNTY in writing that all subcontractors and vendors have been paid for work and materials previously performed or received prior to receipt of any further payments. (g) The COUNTY shall not pay GRANTEF. until the Ex-Officio Clerk of the Board of County Commissioners pre-audits all payment invoices in accordance with law. (h) Any expenditures paid by COUNTY which are later deemed to be ineligible expenditures shall be repaid to COUNTY within 30 days of COUNTY's written request to repay said funds. (i) COUNTY may request repayment of funds for a period of up to three years after termination of this Agreement or any extension or renewal thereof. 3. CHOICE OF VENDORS AND FAIR DEALING: "I-[[STORICAL SOCIETY" has recommended and the COUNTY has agreed to the selected architectural firm to provide services as described in paragraph one [1 ] herein. 4. GRANTEE shall be responsible for paying said firm up to the amount of the grant. 5. NOTICES: All notices from the COUNTY to the "HISTORICAL SOCIETY" shall be in writing and deemed duly served if mailed by registered or certified mail to the following address: William Tyson, Director Marco Island Historical Society, Inc. 168 Royal Palm Drive Marco Island, Florida 34145 All notices from "HISTORICAL SOCIETY" to the COUNTY shall be in writing and deemed duly served if mailed by registered or certified mail to the COUNTY to: Tourism Director Collier County Tourism Department 3050 North Horseshoe Drive # 218 Naples, Florida 34104 The "HISTORICAL SOCIETY" and the COUNTY may change the above mailing addresses at any time upon giving the other party written notification pursuant to this section. 6. NO PARTNERSHIP: Nothing herein contained shall be construed as creating a partnership between the COUNTY and the ~'I-[ISTORICAL SOCIETY", or any vendor or subcontractor of the "HISTORICAL SOCIETY", as an agent or employee of the COUNTY. 7. COOPERATION: "HISTORICAL SOCIETY" shall fully cooperate with the COUNTY in all matters pertaining to this agreement and provide all information and documents as requested by the County from time to time. Failure to cooperate, as interpreted by the COUNTY, shall constitute grounds for the COUNTY to impose sanctions that may result in termination of this agreement. 8. TERMINATION: The COUNTY or the "HISTORICAL SOCIETY" may cancel this Agreement with cause immediately or without cause by giving 30 days advance written notice of such termination and specifying the effective date of termination. 9. AVAILABILITY OF RECORDS: The "HISTORICAL SOCIETY" shall maintain all records, books, documents, papers and financial information pertaining to work performed under this Agreement. "HISTORICAL SOCIETY" agrees that the COUNTY, or any of its duly authorized representatives, shall, until the expiration of three [3] years after final payment under this Agreement, have access to, and the right to examine and photocopy any pertinent books, documents, papers, and records of "HISTORICAL SOCIETY" involving transactions related to this Agreement. 10. PROHIBITION OF ASSIGNMENT: "HISTORICAL SOCIETY" shall not assign, convey, or transfer in whole or in part its interest in this Agreement without the prior written consent of the COUNTY. 11. TERM: This Agreement shall become effective on October on September 30, 2004. MAR 2 3 200q pg. --~ late 4 12. "HISTORICAL SOCIETY" shall request an extension of this Agreement in writing at least thirty [30] days prior to the expiration date and the COUNTY may agree by amendment to this Agreement to extend the term for an additional one year. Any funds not used by the "H/STORICAL SOCIETY" during the term of this Agreement and any extension thereto shall be returned to the COUNTY and made available for future applicants. 13. The COUNTY shall be the owner of and in possession of the originals of all intellectual property created or furnished pursuant to this agreement, including, but not limited to drawings, paintings, photography, film, video, and printed documents, unless specifically exempted by the COUNTY. All materials provided by the selected architectural firm are exempt from this provision. 14. The COUNTY, pursuant to the policies and procedures of the COUNTY, approves and finds a public purpose, through approval of the attached Exhibit "A", in the "HISTORICAL SOCIETY" directly contracting with the architectural firm named in Exhibit "A" for the expenditure of the Grant funds. 15. AMENDMENTS: This Agreement may only be amended by mutual agreement of the parties and after recommendation by the Tourist Development Council. 16. WRITTEN REPORTS: (a) GRANTEE shall provide to County written reports on the duties performed and services provided by GRANTEE, its vendors or subcontractors. (b) The reports shall identify the amounts spent, the duties performed, the services provided and the goods delivered during the preceding 30 days. (c) GRANTEE shall take reasonable measures to assure the continued satisfactory performance of all vendors and subcontractors. IN WTI'NESS WHEREOF, GRANTEE and COUNTY have each respectively, by an authorized person or agent, hereunder set their hands and seals on the date and year first above written. AGENDA ITEM MAR 2 3 200 Pg. ATrEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Deputy Clerk By: DONNA FIALA, Chairman WITNESSES: (1) Printed/Typed Name (2). Printed/Typed Name GRANTEE: MARCO ISLAND I'HSTORICAL SOCIETY, INC., COLLIER COUNTY By: Printed/Typed Name Printed/Typed Title Approved as to form and legal sufficiency: Heidi F. Ashton Assistant County Attorney CP:TDCL20IM Tourism Agreement-Masco Island Historical Society AGEN~ - NO. NAR 2 3 200~ Pg.i, 7 6 EXHIBIT "A" BUDGET SYSTEMATIC DESIGN AND MODEL CONSTRUCTION pursuant to project described in letter dated March 19, 2002 from Daniel A. Summers to Mrs. Bill Tyson $7,500.00 AGENDA ITEivi .o. MAR 2 3 200~ Pg._fi_____.___ 7 EXECUTIVE SUMMARY COMMISSIONER REQUEST FOR BOARD APPROVAL FOR PAYMENT TO ATTEND FUNCTION SERVING A VALID PUBLIC PURPOSE OBJECTIVE: For the Board of County Commissioners to declare a valid public purpose for a Commissioner to attend function/event and approve payment by the Clerk. CONSIDERATIONS: Pursuant to Resolution No. 99-410, the Board of County Commissioners has determined that attendance at the functions of fraternal, business, environmental, educational, charitable, social, professional, trade, homeowners, ethnic, and civic association/organizations serves a valid public purpose, provided that said functions reasonably relate to Collier County matters. COMMISSIONER: Jim Coletta FUNCTION/EVENT: RSVP Spring Volunteer Recognition Luncheon PUBLIC PURPOSE: To represent the county to recognize and thank our county volunteers DATE OF FUNCTION/EVENT: March 24, 2004 FISCAL IMPACT: $25.00 Funds to be paid from Commissioner's travel budget. RECOMMENDATION: That the Board of County Commissioners, in accordance with Resolution No. 99-410, approve payment by the Clerk for Commissioner Jim Coletta to attend function se~~id ~~__~ SUBMITTED BY: ~ ~ Date: N~ o~k,~ecutive Aide to BCC APPROVED BY: ~-'~. ~ ut~'~,~ Date: Su~i~s~n, ~:~ecuti~;e Manager to BCC NO../6 _ Pg. RSVP of Collier County i Spnng Volunteer Recogmfion Luncheon Please join us at Hilton Naples & Towers 5111 Tamiami Trail North Naples, Horida 3t~103 Wednesday, March Z~, ZO0~ The sit-down lunch will ]~e served @ 12:00 pm Please RSVP By Friday, March lP., ZO0~ See attac~ecl for directions, reservation form, and additional information AGENDA ffEM NO. Please note: T~ere will ]~e valet parking availa]~l for those who wish to use it. k,~R 2 3 200q W!Bh/d Ct _ _% ,~Pom~ei Lnc~ N A~ham~"~r~ Cir ~nd. C1 ub C_~p_ripr' ; S Alliambra C .,~, illtol 1~ Dr -~-~7_M__o r n i n g s id ®____D~r ~ NLrth' ~" /--~300m Country Clu[ Of Naples ,i 'li Hilton Naples & Towers is located on the west side o£ US bl just south of Seagate Drive/Pine Ridge Road. Please fill out and return this slip along with your check for $Z5.00 payable to RSVP to hold your reservation by Friday, March 12, ZO0~. Your check will be returned to you at the luncheon. Nall3e Phone Return to: Amt Enclosed Rb"VP o£ Collier County, Administration Bldg., 3301 E. Tamiami Trail, Naples, FL 34112 No. / t,b:,R 2 3 2OOq BOARD OF COUNTY COMMISSIONERS MISCELLANEOUS CORRESPONDENCE March 23, 2004 FOR BOARD ACTION: A. Districts: Port of the Islands - Schedule of Regular Meeting Minutes -minutes of August 15, 2003 and September 19, 2003; minutes of October 3, 2003 and October 17, 2003, minutes of November 21, 2003, December 5, 2003 December 15, 2003 and January 5, 2004. Heritage Greens Community Development District - Minutes of the Landowners Meeting November 4, 2003; Minutes of November 19, 2003 with the Minutes of August 18, 2003. Collier Mosquito Control District - Public Facilities Report and District Map. Mediterra South Community Development District - Budget for FY 2004; Schedule of Regular Meetings and Description of Outstanding Bonds. Mediterra Certification of Resolution 2004-2; Minutes of November 4, 2003 and July 30, 2003. Naples Heritage Community Development District - Budget FY 2004, Registered Office and Agent and Schedule of Regular Meetings tbr Minutes for January 13, 2003, Board of Sup. Nov. 10, 2003, August 18, 2003, November 18, 2003: December 5.2003; September 19, 2003 and February 27, 2004. o Key Marco Community Development District- Budget fbr FY 2004 and Description of Outstanding Bonds, Minutes of June 25, 2003 and August 7, 2003. Immokalee Water and Sewer District - Annual Financial Report; Audit; Management Letter and Rebuttal to Management Letter. Cow Slough Water Control District - Annual Financial Report; Audit; Management Letter and Rebuttal to Management Letter. Pelican Marsh Community Development District - Annual Financial Report; Audit; Management Letter; Rebuttal to Management Letter and Schedule of Regular Meetings. 10. H:DataJFormat Riviera Golf Estates - Proposed Budget and Agenda for December 16, 2003. i: ' ~?:i'.~[qDA iTEM t ::c. i iqAR 2 3 2OO , 11. Cedar Hammock Community Development District - Annual Financial Report and Audit. 12. Collier County Housing Authority - Annual Financial Report; Audit; Management Letter; Rebuttal to Management Letter; Registered Office and Agent; Public Facilities Report and Description of Outstanding Bonds. 13. Fiddler's Creek Community Development District #2 -Annual Financial Report; Audit; Management Letter; Rebuttal to Management Letter and Budget FY 2004. 14. Fiddler's Creek Community District - Annual Financial Report; Audit; Management Letter; Rebuttal to Management Letter and Description of Outstanding Bonds, Minutes of October 1, 2003; October 22, 2003. Minutes: Bayshore Beautification M.S.T.U.- Agenda for March 10, 2004: Minutes of February 11, 2004. Collier County Planning Commission - Agenda for March 4, 2004, Minutes of February 5, 2004. Enviromnental Advisory Council - Agenda lbr March 3, 2004; Minutes of February 4, 2004, Voting Conflict for County, Municipal, and Other Local Public Officers. Collier County Water and Wastewater Authority - Minutes for October 27, 2003. o Forest Lakes Roadway and Drainage M.S.T.U.- Minutes of February 12, 2004.; Budget for the M.S.T.U. Collier County Library Advisory Board - Agenda for February 25, 2004; Minutes of January 28, 2004. Pelican Bay Services - ('lam Bay Sub-Committee - Agenda for March 3, 2004; Minutes of October I, 2003; Regular Meeting Agenda tbr March 3, 2004, with approval of January 7, 2004 minutes and January 21 special minutes for the special meeting. Minutes of February 4, 2004; The Cannes Plans at Pelican Bay and back-up material H:Data/Format EXECUTIVE SUMMARY APPROVE THE AMENDMENT TO STIPULATED FINAL JUDGMENT RELATIVE TO THE FEE SIMPLE ACQUISITION OF PARCEL 174 IN THE LAWSUIT STYLED COLLIER COUNTY V. MICHAEL S. COMBS, ET AL., CASE NO. 02-2135-CA (IMMOKALEE ROAD PROJECT//60018). OBJECTIVE: That the Board of County Commissioners approve the Amendment to Stipulated Final Judgment as full and final compensation to be paid for the acquisition of P~cel 174 in the lawsuit styled Collier County v Michael S. Combs, et al., Case No. 02-2135-CA. CONSIDERATIONS: On August 27, 2002, an Order of Taking was emered in Collier County Circuit Court regarding the fee simple acquisition of Parcel 174 for the Immokalee Road project (Project No. 60018). On September 16, 2002, the County deposited its good faith estimate of $9100.00 into the Court Registry for Parcel 174 in accordance with the Order of Taking. On December 4, 2003, a Stipulated Final Judgment was emered in the amount of $14,273.00 for full compensation due to Respondent and $900.00 to be paid for Respondent's appraisal fees. Respondent has advised the County that the actual appraisal fee for services rendered is $2250.00 and requests reimbursement of the additional $1350.00. Respondent's counsel has prepared an Amendmem to the Stipulated Final Judgmem, a copy of which is attached as Exhibit A, wherein the County shall pay the property owner the sum of $1350.00 for outstanding appraisal fees. (~I~~SCAL IMPACT- Funds in the amount of $1350.00 are available from the Transportation Road Supported Gas Tax and Impact Fee Funds. Source of funds are Gas Taxes and Impact Fees. GROWTH MANAGEMENT IMPACT: None. RECOMMENDATION: That the Board of County Commissioners: 1. approve the Amendment to Stipulated Final Judgment; and 2. approve the expenditure of funds as stated. SUBMITTED BY: REVIEWED BY: Heidi F. Ashton, Assist~nt County Attorney '~~~n Manager Transportation/ECM/ROW Date:-~lzl o¥ REVIEWED BY: REVIEWED BY: APPROVED BY: Gregg Str~alu'se,e,e,e~.E., Director Tra~P°/~ti°n/ECM Norm/eder, ~d ~iStrator Tr~o~ation Division B~d~ o~ Dat~ Date: Date: NO. /l~ I'~ [ MAR 2 3 200~ IN THE CIRCUIT COURT OF THE~ TWENTIETH JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY, FLORIDA CIVIL ACTION COLLIER COUNTY, FLORIDA, a political subdivision of the State of Florida, Petitioner, Case No.: 02-2135-CA Parcel No.: 174 VS. MICHAEL S. COMBS, et al., Respondents. AMENDMENT TO STIPULATED FINAL JUDG~NT THIS CAUSE having come before the Court upon Joint Motion made by Petitioner, by and through its undersigned counsel, and Respondent, MICHAEL S. COMBS, by and through his undersigned counsel, Kenneth A. Jones, Esq., for entry of an Amendment to Stipulated Final Judgment as to Parcel No. 174, and it appearing to the Court that the parties are authorized to make such Motion, and the Court being otherwise fully advised in the premises thereof, it is thereupon ORDERED that Respondent, MICHAEL S. COMBS, receive fi.om Petitioner, COLLIER COUNTY, FLORIDA, as a reasonable appraiser's fee the sum of Two Thousand Two Hundred Fifty and No/100 Dollars ($2,250.00), of which Nine Hundred and No/100 Dollars ($900.00) has previously been paid; it is further ORDERED that the Petitioner shall pay the total mount of One Thousand Three Hundred Fifty and 00/100 Dollars ($1,350.00) to KENNETH A. JONES, ESQUIRE, NO. /d~ MAR 2 3 200 Roetzel & Andress, 2320 First Street, Suite 1000, Fort Myers, FL 33901, disbursement. DONE AND ORDERED in Chambers at Naples, Collier County, Florida, this day of ,2003. for proper Conformed copies to: Heidi F. Ashton, Assistant County Attorney Kenneth A. Jones, Esq. E. Glenn Tucker, Esq. Lawrence Martin Circuit Court Judge JOINT MOTION FOR STIPULATED FINAL JUDGMENT The Parties hereby stipulate and respectfully request this Court to enter the foregoing Amendment to Stipulated Final Judgment as to Parcel No. 174. Dated: 7~/ ~ (Ja/c~ Dated: Florida Bm No.: 0200158 ROETZEL & ANDRESS 2320 First gtreet, Suite 1000 Fort Myer, Florida 33901 (239) 337- ;850 - Telephone ATTORNEY FOR RESPONDENT 158275_1 HEIDI F. ASItTON, ESQUIRE Florida Bar No.: 0966770 OFFICE OF THE COUNTY ATTORNEY Harmon Turner Building 3301 East Tamiami Trail Naples, Florida 34112 (239) 774-0225 - Facsimile ATTORNEY FOR PETITIONER AGEND,~ ITEM NO. Jr k' NAR 2 3 2OOq EXECUTIVE SUMMARY APPROVE THE STIPULATED FINAL JUDGMENT RELATIVE TO THE EASEMENT ACQUISITION OF PARCELS 100, 101 AND 700 IN THE LAWSUIT STYLED COLLIER COUNTY V. FAITH BIBLE CHURCH OF NAPLES, ET AL., (IMMOKALEE ROAD PROJECT NO. 69101) OB~IECTIVE: That the Board of County Commissioners approve the Stipulated Final Judgment as full and final compensation to be paid for the acquisition of easements designated as Parcels 100, 101 and 700 for the Immokalee Road project in the lawsuit styled Collier County v. Faith Bible Church of Naples, et al., Case No. 99-2165-CA. CONSIDERATIONS: On August 27, 1999, an Order of Taking was entered in Collier County Circuit Court regarding the acquisition of easements for the Immokalee Road project (Project No. 69101). On September 9, 1999, Collier County deposited with the Registry of the Court the sum of $16,750.00 for Parcels 100, 101 and 700 in accordance with the Order of Taking. Through negotiations, the parties have reached a settlement agreement whereby the property owner will be fully and fairly compensated for the property interests taken for the public purposes enumerated in the resolution of condemnation (Resolution No. 99-249). The terms of the settlement agreement are set out in the Stipulated Final Judgment (attached as Exhibit "A"). The Stipulated Final Judgment provides for $24,000.00 to be paid to Respondent, Faith Bible Church of Naples, as full compensation for the property rights taken as to Parcels 100, I01 and 700; and $2805.00 to be paid to Brian P. Patchen, Esquire for statutory attorney fees. Staff has reviewed the County's obligations stated in the Stipulated Final Judgment and consider them to be reasonable. ,FISCAL IMPACT: Funds in the amount of $10,055.00 are available from the Transportation Supported Gas Tax and Impact Fee Funds. Source of Funds are Gas Taxes and Impact Fees. GROWTH MANAGEMENT IMPACT: Consistent with the Management Plan. RECOMMENDATION: That the Board of County Commissioners: 1. approve the Stipulated Final Judgment; and 2. approve the expenditure of funds as stated He~di F?As"~ton, Assistant County Attorney Collier County Growth Date: lIAR 2 3 200 REVIEWED BY: REVIEWED BY: REVIEWED BY: APPROVED BY: ~l~,[nZHen~t~k~, R~)w'~ition Manager " Transport',t'tion/ECM/ROW Gregg Stra} [use, P.E., Director Transp-°~ 7/~ N%c~et .~h{linistrator Tran~ortation Division fiav~Z.~e~el, ~nty ~mey Date: Date: Date: HAR 2 3 200z~ P~. ~ IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY, FLORIDA CIVIL ACTION COLLIER COUNTY, FLORIDA, a political subdivision of the State of Florida, VS. Pe ti ti on er, Case No.: Parcel Nos.: 99-2165-CA 100, 101 & 700 FAITH BIBLE CHURCH OF NAPLES, et al., Respondents. / STIPULATED FINAL JUDGMENT THIS CAUSE having come before the Court upon Joint Motion made by Petitioner, COLLIER COUNTY, FLORIDA, by and through the undersigned counsel, and Respondent, FAITH BIBLE CHURCH OF NAPLES, by and through its undersigned counsel, for entry of a Stipulated Final Judgment as to Parcels 100, 101 and 700, and it appearing to the Court that the parties are authorized to make such Motion, the Court finding that the compensation to be paid by Petitioner, COLLIER COUNTY, FLORDA, is the full compensation due Respondent, FAITH BIBLE CHURCH OF NAPLES, and the Court being otherwise fully advised in the premises thereof, it is thereupon ORDERED AND ADJUDGED that Respondent, FAITH BIBLE CHURCH OF NAPLES, have and recover from Petitioner, COLLIER COUNTY, FLORIDA, the sum of Twenty-Four Thousand Dollars and No/100 ($24,000.00) for Parcels 100, 101 and 700 as full payment for the -- ~GE.~DA I'I'EIVL_' NO. Ibte MAR 2 3 200zl Pg. _~ property interests taken and for damages resulting to the remainder, if less than the entire property was taken, business damages, and for all other damages in connection with said parcels; it is further ORDERED that Respondent, FAITH BIBLE CHURCH OF NAPLES, receive fi'om Petitioner, COLLIER COUNTY, FLORDA, the sum of Two Thousand Eight Hundred and Five Dollars No/100 ($2805.00) for statutory attorney fees pursuant to Section 73.092, F.S., for Parcels 100, 101 and 700; it is further ORDERED that the Court reserves jurisdiction to award appraisal fees and other reimbursable costs incurred in the defense of this case pursuant to Section 73.091, F.S.; it is further ORDERED that Petitioner, COLLIER COUNTY, FLORDA, shall disbarse the total amount of Twenty-Four Thousand Dollars and No/100 ($24,000.00) to EARLE & PATCHEN TRUST ACCOUNT, c/o Brian P. Patchen. Esquire, Earle 8,: Patchen, P.A., 1000 Brickell Avenue, Suite 1112, Miami, FL 33131, less any amounts previously paid for the benefit of Respondent, FAITH BiBLE CHURCH OF NAPLES; it is further ORDERED that Petitioner, COLLIER COUNTY, FLORIDA, shall pay the sum of Two Thousand Eight Hundred and Five Dollars No/100 ($2805.00) within thirty days of the date of this Stipulated Final Judgment, to BRIAN P. PATCHEN, ESQUIRE, c/o Earle & Patchen, P.A., 1000 Brickell Avenue, Suite 1112, Miami, FL 33131 for attorney fees; it is further ORDERED that title to Parcels 100 and 700, a Temporary Construction Easement; and Parcel 101, a Fee Simple Easement, being fully described in Exhibit "A" attached hereto and incorporated herein, which vested in Petitioner, COIJ.IER COUNTY, FLORIDA, pursuant to the Order of Taking dated August 27, 1999, and the deposit of money heretofore made, are approved, ratified, and confirmed; it is further AGENDA ITEM_ NC). ~ MAR 2 3 200q Pg. ~.,~ ORDERED that the Notice of Lis Pendens filed in this cause and recorded in Official Record Book 2566, Page 2536, of the Public Records of Collier County, Florida be dismissed as to Parcels 100, 101 and 700; it ig further ORDERED that this Stipulated Final Judgment is to be recorded in the Official Records of Collier County, Florida; it is therefore DONE AND ORDERED in Chambers at Naples, Collier County, Florida, this day of .2004. CIRCUIT COURT JUDGE conformed copies to: Heidi F. Ashton, Esquire Brian P. Patchen, Esquire E. Glenn Tucker, Esquire Kevin Hendricks, Transportation Acquisition Bookkeeping MAR 2 3 JOINT MOTION FOR STIPULATED FINAL JUI)GMENT The Parties hereby stipulate and respectfully request this Court to enter the Stipulated Final Judgment as to Parcels 100, 101 and 700. foregoing Dated: Dated: BRIAN P. PATCHEN, ESQUIRE Florida Bar No.: 157545 EARl JE & PATCHEN, P.A. I000 Brickell Avenue, Suite 1112 Miami, FL 33131 (305) 372-1112 - Telephone (305) 372-3691 - Facsi mile ATTORNEY FOR RESPONDENT HEIDI F. ASHTON, ESQUIRE Florida Bar No.: 0966770 COUNTY ATTORNEY'S OFFICE Harmon Turner Building 3301 East Tamiami Trail Naples, Florida 34112 (239) 774-8400 - Telephone (239) 774-0225 - Facsimile ATTORNEY FOR PETITIONER MAR 2 3 200zl PUBLIC WORKS ENGINEERING DEPARTMENT 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 (941) 774-8192 SKETCH OF DESCRIPTION .NOT A SURVEY PROJECT NO ................ 69101 PARCEL NOS...100 & 700, FOLIO NO ....... 41930880003 FEE SIMPLE TEMPORARy CONSTRUCTION EASEMENT IMMOKALEE ROAD (C.R.846) 100' R~W /~---___________EXISTING R~W LINE 492.8' · 50' PARCEL 700 ~ ' PARCEL 10C~ TRACT 19 DESCRIPTION (PARCEL 100) fee simple THE SOUTH FIFTEEN (157 FEET OF THE NORTH SIXTY FIVE (657 FEET OF THE EAST THIRTY FIVE (357 FEET OF TRACT 19 OF THE PLAT THEREOF, GOLDEN GATE ESTATES, UNIT 97, AS RECORDED IN PLAT BOOK 7, PAGE 96, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. CONTAINING 525 SQUARE FEET MORE OR LESS. DESCRIPTION (PARCEL 700) temporary construction easement THE SOUTH TEN (107 FEET OF THE NORTH SIXTY (607 FEET OF THE WEST FORTY FIVE (457 FEET OF THE EAST 241.78 FEET OF TRACT 19, GOLDEN GATE ESTATES , UNIT NO. 97, AS RECORDED IN PLAT BOOK ? PAGE 96, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. CONTAINING 450 SQUARE FEET MORE OR LESS. GENERAL NOTES 1) P.O.C. = POINT OF COMMENCEMENT 2) P.O.B. = POINT OF BEGINNING 3) SEC. = SECTION 41 TWp. = TOWNSHIP 5} RGF_ = RANGE P"O"ESS,ON^L ~ND SURVEYOR-fL. RE~.,=*~ MAR 2 3 200~ 6) R/VV = RIGHT OF WAY PUBLIC WORKS ENGINEERING DEPT. ?) ALL DISTANCES ARE IN FEET AND DECIMALS THEREOF COLLIER COUNTY'GOVERNMENT COMPLEX 8) NOT VALID UNLESS SIGNED AND SEALED WITH THE 3301 EAST TAMIAMI TRAIL PUBLIC WORKS ENGINEERING DEPARTMENT 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 (941) 774-8192 SKETCH OF DESCRIPTION NOT A SURVEY PROJECT NO ................ 69101 PARCEL NO ................... 101 FOLIO NO...¢L 9.3.0.~, 2.Q.0.Q 2 ........ TRACT 19 IMMOKALEE ROAD 100' R\W EXISTING R\W LINE ~ 350.01' ........ ........... /_ 47 05'i~ PARCEL ln~ ~ - 300.01' TRACT 20 T DESCRIPTION (PARCEL 101) · fee simple title / THE NORTH SIXTY FIVE (§57 FEET OF THE WEST 252,96 FEET OF THE EAST 302.96 FEET AND THE SOUTH FIFTEEN (157 FEET OF THE NORTH SIXTY FIVE (65 FEET OF THE WEST 47.05 FEET OF TRACT 20, OF THE PLAT THEREOF, GOLDEN GATE ESTATES, UNIT NO. 97, AS RECORDED IN PLAT BOOK 7, PAGE 96, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. CONTAINING 17,148 SQUARE FEET OR .394 ACRES MORE OR LESS. GENERAL NOTES 1) P.O.C. = POINT OF COMMENCEMENT 2) P.O.B. = POINT OF BEGINNING 3) SEC. = SECTION 4) TWP. = TOWNSHIP 5) RGE. = RANGE 6) RNV = RIGHT OF WAY 7) ALL DISTANCES ARE IN FEET AND DECIMALS THEREOF 8) NOT VALID UNLESS SIGNED AND SEALED WITH THE EMROSSED SEAL OF A PROFESSIONAL LAND SURVEYOR DRAWN By ICHECKEO By ~CvRL E DATE I FEE NO. NOT TO SCALE OCT. 14, Ig98 EXHIBIT i PR_EPARED ...... DATE... PROFESSIONAL LAND SURVEYOR-FL REG. # 2406 PUBLIC WORKS ENGINEERINQ DEPT. COLLieR COUNTY GOVERNMENT GOMPLEX 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 IMRI01 SHEET 1 OF 1 AGFJ~.6 ~T_EM.. aO. ~ MAR 2 3 200q pg. ~'~ EXECUTIVE SUMMARY APPROVE THE MEDIATED SETTLEMENT AGREEMENT AS TO PARCELS 113, 713A & 713B IN THE LAWSUIT ENTITLED COLLIER COUNTY V. NORTH NAPLES UNITED METHODIST CHURCH, INC., ET AL., (GOODLETTE-FRANK ROAD Project 60134) Total cost of $96,938.50. OBJECTIVE: That the Board of County Commissioners approve the Mediated Settlement Agreement as to Parcels 113, 713A & 713B in settlement of the lawsuit entitled Collier County v. North Naples United Methodist Church, Inc., et al, Case No. 02-1742-CA. CONSIDERATIONS: On September 5, 2002, an Order of Taking was entered in Collier County Circuit Court regarding the acquisition of Parcels 113, 713A & 713B for the Goodlette-Frank Road project (Project No. 60134). On September 19, 2002, Collier County deposited into the Court Registry the sum of $144,000.00 for Parcels 113, 713A & 713B in accordance with the Order of Taking. On February 17, 2004, at a Mediation Conference the parties agreed to a settlement whereby the property owners will be fully and fairly compensated for the property interest taken for public purposes enumerated in the resolution of condemnation (Resolution No. 2002-97, amended in Resolution 2002-145). The Mediated Settlement Agreement is attached hereto. The Mediated Settlement Agreement provides for $220,000.00 to be paid to Respondent, North Naples United Methodist Church, Inc., as full compensation for the property rights taken as to Parcels 113, 713A & 713B, which amount includes engineering fees and architectural fees in the amount of $15,700.00, irrigation improvements within the take, and a cost to cure lost parking resulting from the take. The Agreement also provides for attorney fees in the amount of $20,938.50, which amount is calculated pursuant to § 73.092, Florida Statutes, and is based on an offer amount of $140,850.00. A Stipulated Final Judgment is attached which incorporates the terms of the Mediated Settlement Agreement and adjudicates finally the issue of compensation. Staff has reviewed the County's obligations stated in the Mediated Settlement Agreement and Stipulated Final Judgment and considers them to be reasonable. t,-~_,FISCAL IMPACT: Funds in the amount of $96,938.50 are available in the FY 2004 ~1t,~ adopted budget. Source of funds are Gas Taxes and Impact Fees. GROWTH MANAGEMENT IMPACT: Consistent with the Capital Improvement Element and the Transportation Element of the Collier County Growth Managemen[~l_ag:. AGENDA ITEM NO. MAR 2 3 200 1 / RECOMMENDATION: That the Board of County Commissioners: approve the Mediated Settlement Agreement; approve the expenditure of the funds as stated; approve the Stipulated Final Judgment based on the terms of the Mediated Settlement Agreement; SUBMITTED BY: REVIEWED BY: REVIEWED BY: REVIEWED BY: APPROVED BY: Ellen T. Cha, d~ell, Assistant County Attorney ~ ,r ,.--, - ~ R~)w~V-Ac~is'f~on Manager Gregg ~}'akaluse, Director, Trans/ECM ~~.~z~ Normg~n Feder, Administrator, Trans Date: David C. Weigel County Attorney AGF. NDA ITEM NO. /~,~" "~ MAR 2 3 200~ 2 Pg. ~ IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY, FLORIDA CIVIL ACTION COLLIER COUNTY, FLORIDA, a political subdivision of the State of Florida, VS. Petitioner, NORTH NAPLES UNITED METHODIST CHURCH, INC., et al., Respondents. Case No.: 02-1742-CA Parcel Nos.: 113,713A, 713B STIPULATED FINAL JUDGMENT AS TO PARCELS 113, 713A & 713B THIS CAUSE having come before the Court upon Joint Motion made by Petitioner, COLLIER COUNTY. FLORIDA, by and through its undersigned counsel, and Respondent, NORTH NAPLES UNITED METHODIST CHURCH, INC.. by and through its undersigned counsel, for entry of a Stipulated Final Judgment as to Parcels 113, 713A and 713B, and it appearing to the Court that the parties are authorized to make such Motion. the Court finding that the compensation to be paid by Petitioner, COLLIER COUNTY, FLORIDA, is the full compensation due the Respondent, NORTH NAPLES UNITED METHODIST CHURCH, INC., and the Court being otherwise fully advised in the premises thereof, it is thereupon ORDERED AND ADJUDGED that Respondent, NORTH NAPLES UNITED METHODIST CHURCH, INC., have and recover from Petitioner, COLLIER COUNTY, FLORIDA, the sum of Two Hundred Twenty Thousand and No/100 Dollars ($220,000.00) for Parcels 113,713A and 713B as full payment for the property interests taken~,,,.,-~c--~a,,.. _ ..... ...... AGENDA IYEM resulting to the remainder, if less than the entire property was taken, and fbr al ot~/eOr'~ HAR 2 3 2004 pg. ~',,.~ claims or costs in connection with said parcel, except for planning fees and appraisal fees; it is further ORDERED that Respondent, NORTH NAPLES UNITED METHODIST CHURCH. INC., receive from Petitioner. COLLIER COUNTY, FLORIDA, as a reasonable attorney's fee the sum of Twenty Thousand Nine Hundred Thirl7 Eight and 50/100 Dollars ($20,938.50), which are based on a benefit achieved on behalf of Respondent in the amount of $63,450.00; it is further ORDERED that the Court reserves jurisdiction to consider appraisal fees and planning fees, upon proper motion by Respondents; it is further ORDERED that Petitioner, COLLIER COL~TY, FLORIDA, shall disburse the total amount of Ninety Six Thousand Nine Hundred Thirty Eight and 50/100 Dollars ($96,938.50) to ROETZEL & ANDRESS TRUST ACCOUNT. c/o Kenneth A. Jones. Esquire, Roetzel & Andress, 2320 First Street, Suite 1000, Fort Myers. FL 33901; it is further ORDERED that title to Parcels 113, 713A and 713B, being fully described in Exhibit "A" attached hereto and incorporated herein, which vested in Petitioner, COLLIER COUNTY, FLORIDA, pursuant to the Order of Taking dated September 5, 2002. and the deposit of money heretofore made, are approved, ratified, and confirmed: it is further ORDERED that the terms of the Mediated Settlement Agreement entered into by the parties on February 17, 2004, and having been approved by the Board of County Commissioners on March 23, 2004, are incorporated herein and made a part hereof; it is further ORDERED that the Notice of Lis Pendens fi led in the above-styled cause and recorded in Official Record Book 3030, Page 542 of the Public Records of Collier County, Florida be dismissed as to Parcels 113.713A and 713B: and it is further AGENDA ITEM .,., NAR 2 3 200 t Pg' 7 ORDERED that this Stipulated Final Judgment is to be recorded in the Official Records of Collier County, Florida. DONE AND ORDERED in Chambers at Naples, Collier County, Florida, this __ day of ,2004. Conformed Copies to: Ellen T. Chadwell, Esq. Kenneth A. Jones, Esq. E. Glenn Tucker, Esq. Thomas C. Palmer, Esq. Jean G. Howard, Esq. Douglas L. Waldorf, Jr., Esq. Robert D. Pritt, Esq. Rowe & Rowe Enterprises, Inc. Bookkeeping Ted Brousseau CIRCUIT COURT JUDGE JOINT MOTION FOR STIPULATED FINAL JUDGMENT The Parties hereby stipulate and respectfully request this Court to enter the foregoing Stipulated Final Judgment as to Parcels 113,713A and 713B. Dated: Dated: KENNETH A. JONES, ESQUIRE Florida Bar No.: 0200158 ROETZEL & ANDRESS 2320 First Street, Suite 1000 Fort Myers, Florida 33901 (239) 337-3850 - Telephone (239) 337-0970 - Facsimile ATTORNEY FOR RESPONDENT ELLEN T. CHADWELL, ESQUIRE Florida Bar No.: 0983860 OFFICE OF THE COUNTY ATTORNEY Harmon Turner Building 3301 East Tamiami Trail Naples, Florida 34112 (239) 774-8400 - Telephone (239) 774-0225 - Facsimile ATTORNEY FOR PETITIONER AGENDA ITEM NC). ~ MAR 2 3 200~ Pg. CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing Joint Motion for Stipulated Final Judgment has been furnished by U.S. mail to the parties listed on the attached Service List this __ day of ,2004. ELLEN T. CHADWELL, ESQ. 4 AGENDA ITEM NO. ~ MAR 2 3 P~. SERVICE LIST Collier County, Florida v. North Naples United Methodist Church, et al. ARCEL NOS. 113~ 713A~ 713B The North Naples United Methodist Church, Inc. c/o Kenneth A. Jones Esquire ROETZEL & ANDRESS 2320 First Street, Suite 1000 Fort Myers, FL 33901 City of Naples c/o Robert D. Pritt, Esquire ROETZEL & ANDRESS 850 Park Shore Drive, Suite 300 Naples, FL 34103 Florida Power & Light Company c/o Jean G. Howard, Esquire P. O. Box 029100 Miami, FL 33102-9100 Collier County Board of County Commissioners c/o Thomas C. Palmer, Esquire .--Office of the County Attorney larmon Turner Building 3301 East Tamiami Trail Naples. FL 34112 SunTrust Bank, Southxvest Florida c/o Douglas L. Waldorf. Jr., Esq. HENDERSON, FRANKLIN, et al.. P.O. Box 280 Ft. Myers. FL 33902-0280 Rowe & Rowe Enterprises, Inc. c/o William Rowe, Registered Agent 1442 Lapetite Court Naples, FL 34104 Collier County Tax Collector c/o E. Glenn Tucker, Esquire RHODES & TUCKER P. O. Box 887 Marco Island, FL 34146 .PRO~ECT NO. : 60134 PROJECT PARCEL NO. : 113 ............ ;---r'- ........................... No~ u~z oF s[c~o~ ~o~ POI~ OF COMMENCE~ / LOT 21 LOT 20 /I LOT fg LOT 18 LOT 17 LOT 16 LOT 15 LOT 14 PERPETUAL, NON-EXCLUSIVE ROAD RIGHT-OF-WAY DRAINAGE AND UTILITY EASEMENT Prole$$lo~.ai Land Surve?or Otto ~gned: ~~t Not v~ld wlthau[ the ~i~noturo arid ~o orig~n~ ralsod se~ ol a R~lda Eiocn~ed Surve~r and Uapp~. LEGEND: PG. P.C.P. ,/ G-4 PARTHERSfllP O.R. 1§79. PG. 1~.42 INDICATES OFFICIAL RECORDS INDICATES PAGE INDICATES PERi, IANENT CONTROL POINT NORTH NAPLES Uti[TED METHODIST CHURCH, INC. GRAPHIC SCALE J~AR 2 ~ 20~ ~O~S: I PC' ~ ~S IS NOT % aun,~,. ' B~ SHO~ HERE~ ~E B~ED ON ~E EAST RI~T OF WAY UNE ~ GOOD~--~AHK RO~ ~t~ HAS A gE~lNg ~ N. 07'0B'12' E. ~B~CT TO ~S[~TS, RE~RVA~S ANO R[~IC~S ~ RECORD. NOT V~D ~THOUT ~E~ 2 OF ~ SKETCH AND DESCRIPTION SECTION 10, TOWNSHIP ~9 SOUTH, RANGE 2,5 EAST COLLIER COUNTY, FLORIDA 'JOHNSON ENGINEERING. INC. ENGINEER~1. 8URVID[ORI AND ECOLD~I~'TB l-Or 25313 10-49-25 1" ~ 2(X~' 1 O~ 2 PROJECT NO. : 60134 '- PROJ~CT PARCEL NO, : 11,3 TAX PARCEL NO. ': ~" .q-o Z. ~o~.p ~* .I EXHIBIT DESCRIPTION: PARCEL 113 A PARCEL OF LAND LOCATED IN SECTION 10, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHEAST CORNER OF SECTION 10, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA; THENCE RUN SOUTH 89'16'42" WEST ALONO THE NORTH UNE OF SAID SECTION 10, A DISTANCE 0F.1835.14 FEET TO AN INTERSECTION W~TH THE NORTHERLY PROJECTION OF THE EASTERLY RIGHT-OF-WAY LiNE OF GOODLETTE-FRANK ROAD ( COUNTY ROAD NO. 851 - i00' R/W ); THENCE RUN SOUTH 07'08'12" WEST ALONG SAiD NORTHERLY PROJECTION OF THE EASTERLY RIGHT-OF-WAY LiNE AND ALONG SAID EASTERLY RIGHT-OF-WAY LINE, A DISTANCE OF 1358.56 FEET TO AN INTERSECTION WITH THE NORTH LINE OF THE PARCEL OF LAND AS RECORDED IN OFFICIAL RECORDS BOOK 2267, PAGE 845 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE RUN SOUTH 82'51'48" EAST ALONG SAID NORTH LINE, A DISTANCE OF 15.00 FEET TO THE POINT OF BEGINNING; THENCE FROIvl SAID, POINT OF BEGINNING CONTINUE SOUTH 82'51'48" EAST ALONG SAID NORTH LINE, A DISTANCE OF 35.00 FEET; THENCE RUN SOUTH 07'08'12" WEST, A DISTANCE OF 519.89 FEET; THENCE RUN SOUTH 82'51'48" EAST, A DISTANCE OF 12.00 FEET; THENCE RUN SOUTH 07'08'12" WEST, A DISTANCE OF 471.84 FEET; THENCE, RUN SOUTH 19'32'32" WEST, A DISTANCE OF 55.86 FEET; THENCE RUN SOUTH 07'08'12" WEST, A DISTANCE OF 377.00 FEET; THENCE RUN SOUTH 82'51'48" EAST, A DISTANCE OF 12.00 FEET; THENCE. RUN SOUTH 07'08'12" WEST, A DISTANCE OF 95.05 FEET TO AN INTERSECTION WITH THE SOUTH LINE OF THE PARCEL OF LAND AS RECORDED IN OFFICIAL RECORDS BOOK 2267~ PAGE 845; THENCE RUN NORTH 89'31'55" WEST, A DISTANCE OF 47.42 FEET; THENCE RUN NORTH 07'08'12' EAST, A DISTANCE OF 1525.60 FEE'E TO THE SAID POINT OF BEGINNING. CONTAINING 1.588 ACRES OF LANB, MORE OR LESS. PERPETUAL, NON-EXCLUSIVE ROAD RIGHT-OF-WAY DRAINAGE AND UTILITY EASEMENT NO. ,/ ~AR 2 3 200~ Pig. SKETCH AND DESCRIPTION SECTION 10, TOWNSHIP ~9 SOUTH, RANGE 25 EAST COLLIER COUNTY, FLORIDA JOHNSON ENGINEERING, lNG, E){~IN£F..RI, IIUR¥[YORB AND 1-~1 25~13 10-49-25 2 ~ 2 ~Ro.JE.c'r NO. : PROJECT'PARCEL NO. : 713A TAX PARCEL No. LO'/' 15 LOT 14 N69'31'55'E 62.55' ' POINTOt LOT 13 LOT 0 LOT 8 LOT 7' NORTH-SOUTH 1/4 SEC'lION SOU'I~ L~NE OF PINE RIDGE ROAD // ¢2.50' 507'1:)8'12'W 42,.88' lI:AnlDI I NORTH HA PLEJ UNtTF. D YETHOD~T CHURCH, ~¢. LEGEND: O.R. P.C.P. PARCEL 713A 0.054 ACRES, +/- TEMPORARY DRIVEWAY RESTORATION EASEMENT (DURATION: 3 YEARS FROM COMMENCEMENT OF CONSTRUCTION) ~4 PARTNERSHIP [ COUNTY OROmANC~ NO, CURVE DATA! R - 5679.65' L - 45¢,0B' INDICATES OFFICIAL RECORDS INDICA]~S PAGE INDICATES PERblANENT CONTROL POINT GRAPHIC SCALE C sR eeo ) SOUTHERLY I/4 CORNER OF 5ECTION 10-49-25 Bm'r--~ ~.n (For t~ ~txlda CerUficata No, 5385. oa%. Sl~ne6:. Not valid wlthou~ '~q ~gnotur. and the orlglnal mi~ed seat of a Florida Uceflled Sgrve)~3r and Mopper. 200' 0. lO0' 200' (..zN re. ET ) . HAR 2 3 200~ NOTES: 1, IHIS iS NOT A SURVEY. 2. BEARINGS ~OWN HEREON ARE BA~ QN ~E EAST ~GHT ~ WAY LI~ GOODLE~--FR~K RO~ ~1~ HAS A 0~RING ~ N. ~12" E 3. SUB~CT TO ~, ~VA~ONS AND R[S~IC~S ~ RECORD. ~, NOT V~O ~T ~E~ 2 ~ SKETCH AND DESCRIPTION SECTION 10, TOWNSHIP 49 SOUTH, RANGE 25 EAST COLLIER COUNTY, FLORIDA JOHNSON ENGINEERING. INC, EIIIINF~RI, IURYEYOAI AND ECOLO~IITI 5-01 25313 10--49-25 1" = 200' 10F2 ESOJ~¢T NO. : 6013¢ PROJECT PARCEL NO. : 713A TAX PARCEL NO. :e DESCRIPTION: PARCEL 713A TEMPORARY DRIVEWAY RESTORATION EASEMENT (DURATION: 3 YEARS FROM COMMENCEMENT OF CONSTRUCTION) A PARCEL OF LAND LOCATED IN SECTION 10, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHERLY QUARTER CORNER OF SECTION 10, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA; THENCE ALONG THE NORTH-SOUTH QUARTER SECTION LINE OF SAID SECTION 10, NORTH 01'16'36" WIEST 69.79 FEET TO A POINT ON THE NORTHERLY BOUNDARY OF PINE RIDGE ROAD (S.R.. 896); THENCE ALONG SAID BOUNDARY, SOUTH 89'09'51" WEST, A DISTANCE OF 9.57 FEET TO A POINT OF CURVATURE ON THE EASTERLY RIGHT-OF-WAY OF FRANK BOULEVARD, 100 FOOT RIGHT-OF-WAY AS RECORDED IN PLAT BOOK 13, PAGE 5§ OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE NORTHEASTERLY ALONG SAID RIGHT-OF-WAY, A DISTANCE OF 454.08 FEET ALONG THE ARC OF A CIRCULAR CURVE CONCAVE EASTERLY, HAVING A RADIUS OF 5679.65 FEET, THROUGH A CENTRAL ANGLE OF 04'34'51" AND BEING SUBTENDED BY A CHORD WHICH' BEARS NORTH 04'50'47" EAST, 453.96 FEET, RESPECTIVELY; THENCE CONTINUING ALONG SAID RIGHT-OF-WAY NORTH: 07'08'12" EAST, A DISTANCE OF 1884.61 FEET TO AN INTERSECTION W1TH THE SOUTH LINE OF THE PROPERTY AS RECORDED IN OFFICIAL RECORDS BOOK 2267, PAGE 845 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE NORTH 89'31'55" EAST ALONG SAID SOUTH LINE, A DISTANCE OF 62,55 FEET TO THE POINT OF BEGINNING; THENCE NORTH 07'08'12" EAST, A DISTANCE OF 58.32 FEET; THENCE SOUTH 82'51'48" EAST, A DISTANCE OF 42.50 FEET; THENCE SOUTH 07'08'12" WEST, A DISTANCE OF 52.64 FEET TO AN INTERSECTION WITH SAID SOUTH LINE OF THE PROPERTY AS RECORDED IN OFFICIAL RECORDS BOOK 2267, PAGE 845 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE SOUTH 89'31'55" WEST ALONG SAID SOUTH LINE, A DISTANCE OF 42.88 FEET TO THE SAID POINT OF BEGINNING CONTAINING 0.054 ACRES OF LAND, MORE OR LESS. NO. //~w , NAR 2 3 299~ Pg. SKETCH AND DESCRIPTION SECTION 10, TOWNSHIP 49 SOUTH, RANGE 25 EAST COLLIER COUNTY, FLORIDA ,JOHNSON EN61NEERING, INC. EIIIIIIEEIIIo IURVEYORI Alii E.e. QL~II~I PRO~ECT NG : _ 60134. PROJECT PARCEL N0.'~--~3~ TEMPORARY DRIV~AY (DURATION: 3 YEARS FROM COMMENCEMENT OF ~NSTRUCTION) // // LOT lB // EXHIBIT LOT 18 LOT 18 LOT 15 ~' (F~ F~rm LB#642) F'iorida Cmtlfloate'No. 5365 oo~. s~,..~ \z' ~r~_~'' Not ~ld ~l~~na~uro and tho ~lg~ol rolled ~eal of a ~do L~onlod ~ and Mapp~, , POINT OF BEGINNING 582'""J1'48' E 46.10' S07~B'12'W 61.22' PARC:EL '7 1 3B 0.068 ACRES, +/-- NORTH NAPLES UNITED METHODIST CHURCH, INC LEGEND: O.R. INDICATES OFFICIAL RECORDS PG. INDICATES PAGE P.C.P. iNDiCATES PERMANENT CONTROL POINT G-4 PARTNERSHIP O.R. 1679, PG. 1442 GRAPHIC SCALE 200' ' O' 100' JMAR 2 3 2~q ~ 8E~INGS ~0~ H~ON ON ~E EAST ~OHT OF WAY UNE GO~-~K ROAD ~1~ H~ A BEiNg SU~ECT TO ~. RE~VA~S AND RE~IC~S ~ RECTO. 4. NOT V~O ~T ~EET 2 OF SKETCH AND DESCRIPTION SECTION 10, TOWNSHIP 49 SOUTH, RANGE 25 EAST COLLIER COUNTY, FLORIDA ,JOHNSON ENGINEERING. INC, ENIBINF.,J~B, 8URVE~)RB AND ECOLOg, IIll P. ROJ~CT NO. : 601~ PROJECT PARCEL NO. : 71Qi~ TAX PARCEL NO. :OoZ-~t~Z.~l,~e ~' TEMPORARY DRIVE%¥AY RESTORATION EASEMENT (DURATION: 3 YEARS FROM COMMENCEMENT OF CONSTRUCTION) i EXHIBIT t 'DESCRIPTION: PARCEL 713B A PARCEL OF LAND LOCATED IN SECllON 10, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS; COMMENCE AT THE NORTHEAST CORNER OF .SECTION 10, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLUER COUNTY. FLORIDA; THENCE RUN SOUTH 89'16'42" WEST ALONG THE NORTH LINE OF SAID SECTION 10, A DISTANCE OF .1835.14 FEET TO AN INTERSECTION WITH THE NORTHERLY PROJECTION OF THE EASTERLY RIGHT-OF-WAY LINE OF GOODLETTE-FRANK ROAD ( COUNTY ROAD NO. 851 - t00' R/W ); THENCE RUN SOUTH 07'08'12" WEST ALONG SAID NORTHERLY PROJECTION CF THE EASTERLY RIGHT-OF--WAY LiNE AND ALONG SAID EASTERLY RIGHT-OF-WAY LINE, A DISTANCE OF 1917.29 FEET; THENCE RUN SOUTH 82'51'48" EAST, A DISTANCE OF 62.00 FEET TO THE POINT OF BEGINNING; THENCE FROM SAID POINT OF BEGINNING CONTINUE SOUTH 82'51'48" EAST, A DISTANCE OF 48.10 FEET; THENCE RUN SOUTH 07'08'12" WEST, A DISTANCE OF 61.22 FEET; THENCE RUN NORTH 82'51'48" WEST, A DISTANCE OF 48.10 FEET; THENCE RUN NORTH 07'08'12' EAST, A DISTANCE OF 61.22 FEET TO THE SAID POINT OF BEGINNING. CONTAINING O,06B ACRES OF LAND, MORE OR LESS, Iq,AR 2 3 200 SKETCH AND DESCRIPTION SEC~ON 10, TOWNSHIP 69 SOUTH, RANGE 25 EAST COLLIER COUNTY, FLORIDA JOHNSON EN61NEERING, INC, £N~I#EERI. IURVE~I~RI ANO [CQIJ~IITI iN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY, FLORIDA CIVIL ACTION COLLIER COUNTY, FLORIDA, a political subdivision of the State of Florida, Petitioner, NORTH NAPLES UNITED METHODIST CHURCH, INC., et al., Defendants. CASE NO.: 02-1742 CA PARCEL NOS.: 113,713A& 713B MEDIATED SETTLEMENT AGREEMENT At a Mediation Conference held on February 17, 2004, the parties reached the following Settlement A~eement: 1. ~,~iconer will pay to Defendant(s), ,'~£'tc~ A,'~,/:7~_.~ /',{~/~'.g~/~O~¢/~ the-sum of $ "~2o~67, O6kQ. *°,.fa) in thll settlement of all claims for compensation from , - . -- Petltloner,whatsoever, t-nc,,., .... ~ ........ : ........ ~ ........ n= -- .... ' .... ~7~ g. Pe[itioner is entitled to a credit in the ~oum of $ /9~ ~- ~/~ ~ w~ch was pre~ously deposited in the Re~st~ o~ ~he Cou~ in t~s case by Petitioner. 3. Counsel for Petitioner and Defendant(s) will jointly submit to the Court for signature a mutually approved form of Stipulated Final Judgment of this matter as soon as practical hereafter. 41 Petitioner will pay Defendant(s) the balance due of $ c~.. ~.,~. 5'%00 within 3C) days of the entry of the Stipulated Final Judgment by the Court. AGENDA ITEM-) NO. ~ MAR 2 3 200t Pg./.~ ~ 5. This Agreement is subject to approval by the Board of County Commissioners of Collier County. 6. The Court will retain jurisdiction~ herein as to the matter of Defendants ~ ~es, ex~e~'s fees, cests, ~nd expens~.~-' ½ --:~ czpta,zt/4a~_ ('~.~ oq::g /~,~t57' /v~rta~ ~9 . Attached hereto is an Addendum to this Agreemem. x// Yes No agreements of the parties. This Agreement and the attached addendum, if any, contain(s) all of the Defendant 2 AGENDA. IT.E:M .~ NO. ~ 2 3 200 , ADDENDUM TO MEDIATED SETTLEMENT AGREEMENT This settlement is made subject to the tbllowing additional conditions: Attome AGENDA ITEM,e NO. t~/~ ~--~ MAR 2 3 200~ Pg. ,/~ EXECUTIVE SUMMARY REQUEST THAT THE BOARD OF COUNTY COMMISSIONERS ADOPT A RESOLUTION TO MAKE FINDINGS AND TO DESIGNATE A BROWNFIELD AREA THAT IS WITHIN A PORTION OF A COLLIER ENTERPRISE ZONE AND DOES NOT INCLUDE ANY AREA OUTSIDE THE GEOGRAPHIC BOUNDARIES OF THE IMMOKALEE REGIONAL AIRPORT, ALL OF WHICH IS IN COLLIER COUNTY AND IS OWNED BY COLLIER COUNTY, FOR PURPOSES OF ENVIRONMENTAL REMEDIATION, IF NEEDED, AND FOR ECONOMIC DEVELOPMENT OF THE DESIGNATED BROWNFIELD AREA; PROVIDING AN EFFECTIVE DATE. OBJECTIVE: That the Board of County Commissioners adopt the attached Resolution to designate the entire Immokalee Regional Airport as a "Brownfield Area" for purposes of economic development, and, if necessary, environmental remediation. CONSIDERATIONS: The Immokalee Regional Airport is wholly within a portion of a Collier Enterprise Zone. The entire Airport is owned by Collier County. The area recommended to be designated as Brownfield Area does not include any area outside the geographic boundaries of the Immokalee Regional Air-port. The Collier County Airport Authority has no objection to this request. Brownfield areas are lands that are generally abandoned, idled, or under-utilized commercial or industrial properties where expansion or redevelopment is complicated by actual or perceived environmental contamination. Designated Brownfield Areas, in appropriate circumstances, may facilitate a variety of economic incentives, including: $2,500 Job Bonus Refund for each new job created in a Brownfield Area by a business if the business has been designated as an "eligible business." Voluntary cleanup tax credits. · Cleanup liability protection. Low-interest loans for assessment and cleanup. · Sales tax exemption on building materials. · State loan guarantees. FISCAL IMPACT: Adoption of the attached Resolution will have no fiscal impact on the County. GROSVTH MANAGEMENT IMPACT: The designation of the Immokalee Regional Airport as Brownfield Area is consistent with the County's Growth Management Plan, including the Economic Development element, the Future Land Use element, and Policy VIII. 1.2. of the Immokalee Area Master Plan element. Designation of the Airport as Brownfield Area will have no direct effect on affordable housing within Collier County. RECOMMENDATION: Staff recommends that the Board of County Commissioners adopt the attached Resolution to thereby designate the entire Immokalee Regional Airport as "Brownfield Area." This Airport is wholly within a portion of a Collier Enterprise Zone. This purposes of the requested designation is to facilitate environmental remediation, if and when needed, and to t2~cilitate economic development of the Airport. SUBMITTED BY 4q, Date: '"~an~r~m J. N{~lnecek, Executive Director, Economic Development Council of Collier C( REVIEWED BY: I~ Date: Denton Baker, Director, Financial Administration and Housing REVIEWED By: ~~~)... ~ Date:,_t~/) 0 ) (J~''~'~ Patrick G. White, Assistant County Attorney APPROVED BY: ~~~'~~ Date: 211o/a/~ /~nis~tr.a[.or., Community D~velopment and (j/~vironmental Services Division AG~D41:)A rlT=M MAR 2 3 200q EI~AIL FROM DENNIS VASEY, CHAIRt4AN OF COLLIER COUNTY AIRPORT AUTHORITY, DATED MARCH 8, 2008 TO BCC AND COUNTY MANAGER, JIM MUDD. MEMORANDUM FOR: BOARD OF COLLIER COUNTY COMMISSIONERS Subject: Brownfield Designation of Florida Tradeport The Collier County Airport Authority, at a regularly scheduled meeting March 8, 2004, heard presentations and held frank and open discussions on the proposed Brownfield program designation at Florida Tradeport. Members resolved their support for Brownfield designation and interpose no objection to Notice of your intent to designate Florida Tradeport as a Brownfield area as described in Florida Statutes. We have also been advised that because the area has been designated as an "enterprise zone" no, or limited, public hearings may be required. As a matter of community education, the Authority urges you to prepare an information paper or press release on the Brownfield designation initiative, incorporating "enterprise zone" relationships, to avert misunderstanding. Dennis P. Vasey, Chairman Collier County Airport Authority HAR 2 3 RESOLUTION NO. 04- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, MAKING FINDINGS; DESIGNATING A BROWNFIELD AREA THAT IS WITHIN A PORTION OF A COLLIER ENTERPRISE ZONE AND DOES NOT INCLUDE ' ANY AREA OUTSIDE THE GEOGRAPHIC BOUNDARIES OF THE IMMOIC~LEE REGIONAL AIRPORT AND ALL OF WHICH IS OWNED BY AND WITHIN COLLIER COUNTY, FOR THE PURPOSE OF ENVIRONMENTAL REMEDIATION, IF NEEDED. AND FOR ECONOMIC DEVELOPMENT OF THE DESIGNATED BROWNFIELD AREA; PROVIDING FOR AN EFFECTIVE DATE. ~VI-IEREAS, the State of Florida [i~rout4h Chapter 97-277, Laws of Florida, has codified Sections 376.77 through 376.84. Florida Statutes, ("Brownflelds Redevelopment Act") and has authorized this Board, by Board Rcs,:qution, to designate contiguous areas consisting of one or more Brownfielcis sites as "Brownfields Areas" to facilitate environmental remediation, if needed, and to facilitate economic development of such Brownfield Area; and WHEREAS, Collier County desires to notify, the Florida Department of Environmental Protection of this designation of this Brownfield Area, to facilitate environmental remediation, if needed, ,and to facilitate economic development of such area; and WHEREAS, all of this designated Brownfield .Area is within a portion of a Collier County designated Enterprise Zone and no part of this Brownfield Area extends beyond the geographic boundaries of the Irrm~okalee Regional Airport, which airport is owned by Collier County; and WHEREAS, the designated Brownfield Area is land that was a Federal Military Airport during World War 11 which included aircraft fueling facilities, buildings and other structures to facilitate use of this Airpt)rt as that Military .Airfield; and WHEREAS, the Board of County Commissioners perceives that development and/or redevelopment of the subject designated Brov, nfield .Area is being complicated by actual or perceived environmental contan~sn;~tion within the intent of Florida's Brownflelds Redevelopment Act; and WHEREAS, the procedures set fe. rth in Subsection 376.80(1), Florida Statutes, have been followed, and proper notice has b~.e,2 provided in accord with Section 376.80 and Subsection 125.66 (4)(b)(2), Florida Statutes. NOW, THEREFORE BE IT RESOI,VED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: Section 1. The area depicted on l~xhibit .~X, attached hereto, all of which area is within a Collier County Enterprise Zone and is whotly within the geographic boundanes~ of the [mmokalee Regional Airport. is hereby designated as a Broxvnfield Area for environmental remediation, if needed, and fi,r redevelopment purposes per Sections AGENDA HAR 2 3 200q 376.77 through 376.84, Florida Statutes. This designation shall not render Collier County liable for costs of site rehabilitation or source removal (as defined in Sections 376.77 through 376.84, Florida Statutes) nor for any other costs above and beyond such costs otherwise attributable to the Collier County's in its role as property owner of all of the subject designated Brownfield Area. Section 2. The County Manager shall notify the Florida Department of Environmental Protection, pursuant to Section 376.80, Florida Statutes, of this Brownfield Area designation. Section 3. Officers and employees of Collier County are hereby authorized to do all things necessary and proper to carry out the intent and purposes of this Resolution. Section 4. This Resolution shall take effect immediately upon adoption. THIS RESOLUTION is adopted after motion, second, and majority vote favoring adoption this day 2004. ATTEST DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By , Deputy Clerk ~AP 'p~oved a] t~ form ~/~legal sufficiency: trick G. Whitb, Assistant County Attorney By: DONNA FL&LA, Chairman MAR 2 3 2COq 6~ '~S 6:E '~'S m .kl NAOO ~, ~IC]N3 H ,.KIN 5 AiNOOD a~¥MO~B SOS/ I SIS/ AINAOO 30¥O N EXECUTIVE SUMMARY SE-04-AR-5313, AN ORDINANCE AMENDING ORDINANCE 03-46, THE ARTESA POINT "PUD" PLANNED UNIT DEVELOPMENT TO CORRECT A SCRIVENER'S ERROR RESULTING FROM THE UNINTENTIONAL OMISSION OF THE OFFICIAL ZONING MAP NUMBER 1603N IN THE TRANSMITTAL COPY OF THE ADOPTED ORDINANCE TO THE DEPARTMENT OF STATE FOR THE PROPERTY LOCATED ON THE EAST SIDE OF COLLIER BOULEVARD (C.R. 951) AND THE SOUTH SIDE OF U.S. 41 (TAMIAMI TRAIL) IN SECTION 03, TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. OBJECTIVE: To have the Board of County Commissioners (BCC) correct a scrivener's error resulting fi.om an incorrect legal description attached to Ordinance 03-46 (the Artesa Point PUD) that is consistent with the Collier County Growth Management Plan and the Land Development Code. CONSIDERATIONS: The Board of County Commissioners on September 23, 2003, approved Ordinance Number 03-46. This action provided for the rezoning of the subject site from "RSF-3" Residential Single Family to "PUD" Planned Unit Development for a mix of residential and commercial retail uses. The Zoning & Land Development Review Staff subsequently discovered that the correct official zoning map number was unintentionally omitted in the transmittal copy of the adopted PUD Ordinance sent to the Department of State. The Collier County Attorney's office has directed staff to prepare a scrivener's error amendment as described above. FISCAL IMPACT: It should be noted that this scrivener's error is only to include the correct legal description to Ordinance 03-46 that was approved by the Board of County Commissioners. Therefore, this change by and of itself will have no fiscal impact on the County. The fiscal impact for this development was determined at the time the property was originally rezoned to PUD. In addition, the County collects impact fees prior to the issuance of building permits to help offset 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 Level of Service (LOS) standards 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. SE-O4-AR-5313 Z MAR 2 3 2O0q GROWTH MANAGEMENT IMPACT: This petition was reviewed for consistency and was found to be consistent with all the applicable provisions of the GMP. Development permitted by the approval of this petition will be subject to a concurrency review under the provisions of Division 3.1 and 3.15 of the Collier County Land Development Code. STAFF RECOMMENDATION: That the Board of County Commissioners (BCC) approve the scrivener's error correction to Ordinance Number 03-46. PREPARED BY: 'RAYI~OND'' - BEL[,OWS,-~HiEF PLANNER DATE DEPARTMENT OF ZONING & LAND DEVELOPMENT REVIEW REVIEWED BY: ,b0/k DATE SUSJkN MURRAY~ ~' ~ q ''''~ 4 DEPARTMENT OF ZONING & LAND DEVELOPMENT REVIEW APPROVED BY: / , / J¢S~K. SCHI~II~TOR 9IMUNITY DEV. AND ENVIRONMENTAL SVCS. SE-04-AR-5313 2 AGENDA ITE~~- ~.' , MAR 2 3 200~ :; p~.,, 25~ ORDINANCE NO. 04 - AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS AMENDING ORDINANCE NUMBER 91-102, ,.kS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE, BY PROVIDING FOR SCRIVENER'S ERROR AMENDMENTS TO CORRECT ORDINANCE 03-46, THE ARTESA POINTE PIANNED UNIT DEVELOPMENT (PUD); AND BY PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, THE Collier County Board of County Commissioners adopted Ordinance 03-46 for the Artesa Pointe Planned Unit Development PUD on September 23, 2003; ,md WHEREAS, following said action in adopting said Ordinance. a zoning atlas map number was omitted and such omission constitutes a scrivener's error. NOW, THEREFORE, BE IT ORDAINED, BY the Board of County. Commissioners of Collier County, Florida that: SECTION ONE: SCRIVENER'S ERROR AMENDMENT The title of Ordinance No. 03-46, the Artesa Pointe PUD, is hereby amended to read as follows: AN ORDINANCE AMENDING ORDINANCE NUMBER 91-t 02, TIlE COLLIER COUNTY LAND DEVELOPMENT CODE WHICH INCLUDES TIqE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COb~TY, FLORIDA BY AMENDING THE OFFICIAL ZONING MAPS NUMBERED 1603S AND 1603N AND BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM "RSF-Y' TO "PUD" PLA~ED UNIT DEVELOPMENT KNO\~ :~q AS ARTESA POINT PUD FOR PROPERTY LOCATED ON THE EAST SIDE OF COLLIER BOULEVARD (CR-951) AND THE SOUTH SIDE OF U.S. 41 (TAMIAMI TPo\IL) EAST, IN SECTION 03, TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 82+ ACRES PROVIDING FOR THE REPEAL OF ORDINANCE NUMBER 02-15, THE HENDERSON CREEK PUD; AND BY PROVIDING AN EFFECTIVE DATE. SECTION TWO: SCRiVENER'S ERROR AMENDMENT Section One of Ordinance No. 03-46, the Artesa Pointe PUD. is hereby amended to read as lbllows: SECTION ONE: The zoning classification of the herein described real property located in Section 3, Township 51 South, Range 26 East, Collier County Florida, is changed from 'RSF-Y' and "PUD" to "PUD" Planned Unit Development in accordance with the Artesa Pointe PUD Document. attached hereto as Exhibit "A", which is incorporated by reference herein and by reference made part hereof: The Official Zoning Atlas Map_s numbered 1603S and 1603N as described in Ordinance Number 91-102, ,smd the Land Development Code, is hereby amended accordingly. SECTION THREE: EFFECTIVE DATE This Ordinance shall become effective upon filing with the Depa~ment of State. Words struck thre'agh are deleted; words underlined are addcd. -I- PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this __ day of ,2004. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA ATTEST: BY: DONNA FIALA, CHAIRMAN DWIGHT E. BROCK, CLERK Approved as to Form and Legal Sufficiency Marjorid,,~. Student ' Assistant County Attorney Wordss,ruca' ~ ,u ....... ..... &,*~' are deleted; words underlined are added. -2- MAR 2 3 ""% EXECUTIVE SUMMARY PUDZ-2003-AR-3764 MICHAEL R. FERNANDEZ, AICP, OF PLANNING DEVELOPMENT, INC., REPRESENTING JOHN J. NEVINS, FOR THE ST. JOHN THE EVANGELIST CATHOLIC CHURCH, REQUESTING A REZONE FROM PLANNED UNIT DEVELOPMENT (PUD) TO COMMUNITY FACILITIES PLANNED UNIT DEVELOPMENT CFPUD, FOR A PROJECT 14.89~ ACRE PROJECT KNOWN AS ST. JOHN THE EVANGELIST PUD. THE APPLICANT IS AMENDING THE SCHEDULE OF USES BY DELETING THE ADULT ASSISTED LIVING FACILITY USE AND CHANGING THE STATUS OF SEVERAL OTHER USES FROM PRINCIPAL USES TO ACCESSORY USES. THE PROPERTY IS LOCATED AT 625 111TM AVENUE NORTH, IN SECTION 21, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA. OBJECTIVE: To have the Board of County Commissioners determine whether the requested amendment to the existing St. John the Evangelist Catholic Church t'UD is consistent with the Collier County Growth Management Plan and Land Development Code mid is in the best interest of the community. CONSIDERATIONS: The subject property is located at 625 111th Avenue North, Naples, Florida, which is on the north side of 111~ Avenue, approximately % mile west of US 41 and immediately east of the Naples Memorial Gardens cemetery. The current petition seeks to amend the PUD Master Plan to eliminate the 125-unit Adult Assisted Living Facility and the rectory from the list of permitted uses; change the school, fitness center and day care centers from principal uses to accessory uses, and add several other miscellaneous uses to the accessory use list. The amendment also proposes to reduce the native vegetation preservation requirements from 25 percent to 15 percent in compliance with Land Development Code (LDC) Section 3.9.5.5.4., based upon a determination that the project would no longer be a mixed used project (with its 25 percent requirement) if the residential portion is eliminated. This amendment also seeks to establish property development regulation for building setbacks and minimum distances between buildings. These two development regulation items were inadvertently omitted from the previous amendment. This amendment also proposes to establish perimeter landscape buffering to address existing conditions. The petitioner is reducing the intensity of the project from the originally approved potential 151.000 square foot development, to the current proposal that provides for a maximum of 84,000 square feet of development. The petitioner has also made changes to the PUD document to bring it into conformance with current PUD document standards by addressing signs and polling places, and upgrading transportation commitments on 111th Avenue. FISCAL IMPACT: The approval of the PUD amendment by and of itself does not have a fiscal impact on the County. The fiscal impact occurs as development occurs. The fiscal impacts of development are addressed St John the Evangelist Catholic Church, PUDZ-2003-AR-3764 Executive Summary Page 1 of 4 through the payment of impact fees that are collected after the zoning is approved. The County collects impact fees prior to the issuance of building permits to help offset the impacts 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 (LOS) 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. Development takes place in an environment of concurrency management. When Level of Service requirements fall below adopted standards, a mechanism is in place to stop building activities. Certain LOS standards apply countywide and would therefore bring about a countywide concurrency determination versus roads that may have local geographic concurrency implications. This project seeks to develop a maximum of 84,000 square feet of floor area, however it is not known whether that amount of area will ultimately be developed; impact fee payments vary by land use type and this zoning approval does not provide the level of specificity to determine how the site will eventually be developed. Zoning approval grants the developer the ability to choose from a list of approved uses, however, the actual use determination is not provided to county staff until much later in the development process. The development of the property may result in future fiscal impact on County public facilities, however, it is important to note that the petitioner is reducing the intensity of the project from the originally approved potential square footage of development, therefore the associated fiscal impact, including all applicable impact fees, will be less than or equal to the original estimated fiscal impact, excluding changes due to rate schedule increases. Additionally, there is no guarantee that the project at build out will maximize its authorized level of development. Other fees will include building permit review fees, Fire Protection Impact Fees, Water and Sewer Impact Fees and other utility fees associated with connecting to the County's sewer and water system. Finally, the developed residential units will be required to pay ad valorem taxes. GROWTH MANAGEMENT PLAN (GMP) IMPACT: The subject property is designated Urban Mixed-Use, Urban Residential Sub-district on the Future Land Use Map of the GMP. Urban Designation Areas allow non-residential uses, including community facilities, such as churches and related facilities and schools, and open space uses. The existing PUD document was found consistent with the GMP in 1990 and again when amended in 2000. ENVIRONMENTAL ISSUES: The Environmental Review staff has reviewed the petition and the PUD document and addressed any concerns within the PUD document and the Master Plan. St John the Evangelist Catholic Church, PUDZ-2003-AR-3764 Executive Summary Page 2 of 4 AGENDA ITEM No._ ?3 -~ ENVIRONMENTAL ADVISORY COUNCIL (EAC) RECOMMENDATION: This project was heard and unanimously approved 6 to 0 by the EAC on December 8, 2003. COLLIER COUNTY PLANNING COMMISSION (CCPC) RECOMMENDATION. This petition was first heard by the CCPC on January 15, 2004, and unanimously approved the CCPC. However, there was a procedural anomaly and the petition had to be re-heard by the CCPC. That second hearing took place on February 19, 2003. At that time, the CCPC forwarded Petition PUDZ-2003-AR-3764 to the Board of County Commissioners (BCC) with a recommendation of approval. DEPARTMENT OF ZONING & LAND DEVELOPMENT REVIEW STAFF RECOM- MENDATION: Stuff recommends approval of the request for Petition PUDZ-2003-AR-3764 subject to compliance with the proposed PUD document, and as otherwise described by the Ordinance of Adoption and Exhibits thereto. PREPARED BY: )ESELEM, AICP, PRINCIPAL PLANNER DATE DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW REVIEWED BY: RAY BI~LoWS, CHIEF PLANNER / /DA~E DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW APPROVED BY: JOs)~P~/K. SC~ ADMINIg'TRATOR CO~N~'UNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION AGENDA ITEM 8-E STAFF REPORT COLLIER COUNTY PLANNING COMMISSION FROM: DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION HEARING DATE: January 15, 2004 SUBJECT: PETITION PUDZ-2003-AR-3764 AGENT/APPLICANT: OWNER: John J. Nevins, Bishop of the Diocese of Venice c/o St. John the Evangelist Catholic Church 625 111 t~ Avenue North Naples, FL 34108 AGENT: Michael R. Fernandez, AICP Planning Development Inc. 5133 Castello Drive, Suite 2 Naples, FL 34103 REQUESTED ACTION: The petitioner is requesting a rezone from Planned Unit Development (PUD) to PUD for a project known as the St. John the Evangelist Catholic Church PUD to revise the currently effective PUD document and the PUD Master Plan. GEOGRAPHIC LOCATION: The subject property is located at 625 111th Avenue North, Naples, Florida, which is on the north side of 111th Avenue, approximately 3A mile west of US 41 and immediately east of the Naples Memorial Gardens cemetery. The property is located within Section 21, Township 48 South, Range 25 East, Collier County, Florida. (See illustration on following page.) PURPOSE/DESCRIPTION OF PROJECT: The St. John the Evangelist PUD was originally approved by Collier County Ordinance Number 90-73 on September 25, 1990. That approval rezoned the subject 14.89_+ acres from A-2 to PUD to allow for the development of a house of worship as the principal use, and a rectory, community hall and educational facilities as accessory uses. Ordinance Numl: amended that PUD Ordinance on January 11, 2002. That amendment revised the Plan and PUD Document to provide two additional principal uses and a variety of ac G:\Cun'ent\Deselem\PUD Rezone,.~\St John the Evangelist, PUDZ-2003-AR-3764\STAFF REPORT.doc Page 1 of 8 299Q 02 UD l~r~ eSSOry uses MAR 2 3 P~. 200~ ¥ MAR23200q I m !1 ztll PUD ATTACHMENT "A" I [!i!I on the then undeveloped 5.7-acre north portion of the PUD. In addition to the existing principal use, a 1,000-seat house of worship, the petitioner added a 125-unit adult congregate living facility and a school. The accessory use list provided for optional facilities such as a parish life center, a health and fitness center, maintenance and storage facilities, a swimming pool and recreational facilities such as boardwalks, nature trails, picnic area, playgrounds, and fitness trails. That amendment also reduced the rear yard setback from 50 feet to 25 feet, and the side yard setbacks from 30 feet to 15 feet. The current petition seeks to amend the PUD Master Plan to eliminate the 125-unit Adult Assisted Living Facility and the rectory from the list of permitted uses; change the school, fitness center and day care centers from principal uses to accessory uses, and add several other miscellaneous uses to the accessory use list. The amendment also proposes to reduce the native vegetation preservation requirements from 25 percent to 15 percent in compliance with Land Development Code (LDC) Section 3.9.5.5.4., based upon a determination that the project would no longer a mixed used project (with its 25 percent requirement) if the residential portion is eliminated. This amendment also seeks to establish property development regulation for building setbacks and minimum distances between buildings. These two development regulation items were inadvertently omitted from the previous amendment. This amendment also proposes to establish perimeter landscape buffering to address existing conditions. The petitioner is reducing the intensity of the project from the originally approved potential 151,000 square foot development, to the current proposal that provides for a maximum of 84,000 square feet of development. The petitioner has also made changes to the PUD document to bring it into conformance with current PUD document standards by addressing signs and polling places, and upgrading transportation commitments on 111th Avenue. SURROUNDING LAND USE AND ZONING: North: East: South: West: the Collier Tract 21 PUD project which is developed as the Old Collier Golf Club Naples Park Elementary School, zoned Agricultural; and Casa Del Vida, a developed single-family residential subdivision, zoned RSF-4 Illth Avenue; then developed single-family homesites within the Naples Park Unit 2 subdivision (between Sixth and Seventh Streets), zoned RMF-6 Naples Memorial Gardens, zoned Agricultural, and the preservation area of the Northshore Lakes Villas PUD, a developed multi-family residential project Excerpt from Zoning Map Naples Park Subdi~ ision G:\Current\Deselem\PUD Rezones\St John the Evangelist, PUDZ-2003-AR-3764\STAFF REPORT.doc Page 2 of 8 AGENDA ~ i MAR 2 3 Aerial Photo GROWTH MANAGEMENT PLAN (GMP) CONSISTENCY: The subject property is designated Urban Mixed-Use, Urban Residential Sub-district on the Future Land Use Map of the GMP. Urban Designation Areas allow non-residential uses, including community facilities, such as churches and related facilities and schools, and open space uses. The existing PUD document was found consistent with the GMP in 1990 and again when amended in 2000. Future Land Use Element (FLUE): FLUE Policy 5.4 requires that all new developments be compatible with and complimentary to the surrounding land uses. This project has been developing in concert with other growth in the neighborhood without any apparent issues of incompatibility. Based upon the above analysis, staff concludes the proposed uses for the subject site can be deemed consistent with the Future Land Use Element. Transportation Element: Staff has reviewed the applicant's Traffic Impact Statement (TIS), evaluating the potential transportation impacts of the petition. The applicant's agent and transportation staff agreed to use trip generation calculations based upon the square footage of the originally allowable uses, the existing uses, and the proposed change in uses. The TIS concludes that the proposed change will reduce the overall trips generated from the project when the comparison is made. Traffic on 11 Ith Avenue is projected to operate at Level of Service "C" with or without the changes proposed in this amendment. Therefore the traffic impact upon the surrounding roadway network is being reduced with the proposed amendment. As a result, the impact of the project traffic volumes on the roadway network is not significant. The site- generated traffic will not degrade the level of service of any of the roadway links within the project's radius of development influence. Therefore, the petition is consistent with t'oiici~El~A WEM and 5.2 of the Transportation Element of the GMP. ~..~..~ IAR 2 3 200 G:\Current\Deselem\PUD Rezones\St John the Evangelist, PUDZ-2003-AR-3764\STAFF REPORT.doc Page 3 of 8 / Pg._ The agent performed a mm lane analysis. That analysis revealed a 235-foot eastbound left turn lane on 111th Avenue will be required at the primary site access intersection. The PUD document provides for this commitment from the project. ANALYSIS: Department of Zoning and Land Development Review staff has evaluated the criteria specifically noted in LDC Sections 2.7.2.5 and 2.7.3.2 providing a factual basis upon which staff recommendation must stand. The action by the Collier County Planning Commission and the Board of County Commissioners uses these same findings of fact to support their decision. These evaluations are provided as separate documents and are attached to the staff report (see Exhibit "A" and Exhibit "B"). In addition, other Collier County staff members have completed a comprehensive evaluation of this land use petition. The cumulative analysis and subsequent recommendations of each reviewing entity has been included in the PUD document that will govern development within this project. Specific comments from selected reviews are included in the analysis contained below. Environmental Analysis: Environmental Services staff has reviewed the petition and prepared a staff report for the Environmental Advisory Council (see Exhibit "C"). That staff report noted the following: The project as proposed is consistent with the Policies in Objective 6.1 and 6.2 of the Conservation & Coastal Management Element. for the following reasons: Fifteen percent (15 %) of the existing native vegetation will be retained or mitigated for on-site, and set aside as preserve areas with conservation easements prohibiting further development. Off-site mitigation within the Panther Island Mitigation Bank will be placed under a conservation easement prohibiting development. Preservation of gopher tortoise habitat (xeric scrub) has been identified. On-site preservation and mitigation/re- vegetation areas are interconnected with adjoining off-site preserves and will act as a corridor for the movement of listed species (gopher tortoises). Habitat management and exotic vegetation removal/maintenance plans will be required at the time of Site Development Plan/Construction Plan submittal. Preserve areas shall be required to be maintained free of Category ! invasive exotic plants, as defined by the Florida Exotic Pest Plant Council. The requirement for an Environmental Impact Statement (EIS) pursuant to Policy 6.1.8 has been satisfied. G:\Current\Deselem\PUD Rezones\St John the Evangelist, PUDZ-2003-AR-3764\STAFF REPORT.doc Page 4 of 8 Jurisdictional wetlands have been identified and their boundaries established, pursuant to Policies 6.2.1 and 6.2.2. Agency permits shall be required prior to Site Development Plan/Construction Plan approval. As stated in Policies 6.2.3 and 6.2.4, where permits issued by jurisdictional agencies allow ['or impacts to wetlands within the Urban Designated Area and require mitigation for such impacts, this shall be deemed to meet the objective of protection and conservation of wetlands and the natural funct wetlands within this area. MAR 2 3 200 In accordance with Policy 6.2.6, required preservation areas are identified on the PUD master plan. Allowable uses within the preserve areas are identified in the PUD document. A wildlife survey for listed species in accordance with Policy 7.1.2 is included in the Environmental Impact Statement (ELS). Wildlife habitat management plans for listed species will be required at the time of Site Development Plan/Construction Plan submittal. Permits from the Florida Fish and Wildlife Conservation Commission (FFWCC) have been obtained, and listed species have been relocated according to the requirements of the permits issued by the agency, as required by Policy 7.1.4. Existing native habitats are located on the undeveloped portion of the property, and consist of 4.65 acres of xeric scrub and 0.59 acres of wet prairie. The only wetland on site is a 0.59-acre wet prairie vegetated with St. John's wort, blue maidencane, buttonbush and primrose willow. This area is currently part of the water management system for the project, and will be mitigated for in its entirety through the purchase of 0.59 credits at Panther Island Mitigation Bank. Preservation Requirements: Elimination of the residential component of the project reduces the native vegetation preservation requirement from 25% to 15%, since the project is no longer classified as a mixed-use development. For this site, a minimum of 2.23 acres (.15 x 14.89 acres) of native vegetation will have to be retained and/or replanted on-site. The PUD master plan identifies 0.82 acres of preservation and 1.38 acres of mitigation. Listed Species: The only threatened and/or endangered tortoises. A relocation permit was Conservation Commission (FFWCC) Caloosahatchee Regional Park in Lee John the Evangelist Church also paid maintenance and re-vegetation of the Relocation Report and Report Form Environmental Impact Statement (EIS). species encountered on the property were gopher obtained from the Florida Fish and Wildlife on June 4, 2002, to relocate tortoises to the County. In total 19 tortoises were relocated. St. Lee County Parks and Recreation, $13,500 for relocation site. A copy of the Gopher Tortoise transmitted to the FFWCC is included in the Pursuant to a subsequent Collier County staff site visit and observation of signs of gopher tortoise activity on-site, an updated survey was performed, with two active gopher tortoise burrows, each supporting a gopher tortoise, found on site. One burrow is located in the proposed 0.82-acre scrub preserve located on the west side of the property, and the other in the northeast coruer of the site. Application was made to the FFWCC and a Special Gopher Tortoise Relocation Permit obtained from the agency. G:\Current\Deselem\PUD Rezones\St John the Evangelist, PUDZ-2003-AR-3764\STAFF REPORT.doc Page 5 of 8 Environmental Services Department staff recommended that the EAC approve this petition with no stipulations. (All issues were addressed in the PUD document.) The EAC heard this petition on December 8, 2003, and unanimously approved the petition. ~,ora~, rtr~ ~AR 2 3 200/~ Transportation Analysis: Transportation Department staff has reviewed the petition and the PUD document that accompanies the request. The applicant has incorporated Transportation staffs concerns with the PUD document and has committed to the turn lane along 111th Avenue. Utility IssueS: The Utilities Department staff has reviewed the petition and has stated they have no objection to the proposed change and have determined that the proposed changes do not impact utility provisions. Department of Zoning and Land Development Staffs Zoning and Planning Analysis: Relationship to Future Land Uses: A discussion of this relationship, as it applies specifically to Collier County's legal basis for land use planning, refers to the relationship of the proposed zoning action to the FLUE of the GMP. As previously noted the subject property is designated as Urban Mixed-Use, Urban Residential Sub-district. That designation allows non-residential uses, including community facilities, such as churches and related facilities. Considering the availability of community infrastructure and ser~'ices, and the applicant's commitments in the PUD document, staff concludes the development of the subject property is timely and consistent with the FLUE to the GMP. Relationship to Existing Land Uses: A discussion of this relationship concerns the compatibility with the adjacent properties to the north, south, east, and west. The petitioner's changes to this PUD will not dramatically change what has already been developed on site. The church and many of its accessory uses have been operating on the site for several years. The elimination of the housing element and the addition of the classrooms and rehearsal hall should not have a different impact upon the neighborhood than the existing uses. The area of the site that would allow the uses proposed in this amendment is currently undeveloped. This area is located in the northeastern portion of the site. and is bordered by the Naples Park Elementary School to the east, and the golf course to the north. Therefore, staff believes the proposed PUD amendment will allow uses and development that will be compatible with the adjacent properties. Deviation Discussion: The petitioner is seeking one deviation from LDC requirements (see section 6.1.B. on page 6-1 of the PUD document). The petitioner has provided justification in support of the deviation [see agent's letter noted as revised November 21, 2003]. The limitation included by the agent is based upon discussions with staff through the PUD amendment and SDP amendment review processes. Staff has analyzed the deviation and recommends approval of the deviation as explained below. did not meet this requirement because the requirement was not in effect at that tirr plans of the petitioner for the ultimate development of this site did not an~ requirement. The deviation, if approved, should not create any negative impa, Deviation #1 seeks relief from the native preserve minimum dimension requirement found in LDC Section 3.9.5.5.6.2.b., that requires "an average of 30 feet in width but not less than 20 feet in width, for property equal to ten acres and less than 20 acres," to allow a maximum buffer width of 10 feet in those areas identified in the Legend on the Master Plan as "Preservation Mitigation" areas. This area is the perimeter buffer area of the project. As explained in the agent's justification, this requirement was incorporated into the LDC after this amendment and a corresponding SDP amendment were submitted to the county. The original PUD Master Plan ~-; th~ G:\Current\Deselem\PUD Rezones\St John the Evangelist, PUDZ-2003-AR-3764\STAFF REPORT.doc Page 6 of 8 u~R the 2 3 surrounding property owners because adjoining residential properties abut existing 10 foot wide buffers or proposed open space areas (a water management lake). Other properties adjacent to these buffers include the open space areas of an elementary school, golf course preserve areas and a cemetery. The existing 10 foot wide buffer has not created any problems to date. Approval of the deviation should not be a detriment to the public health safety and welfare. NEIGHBORHOOD INFORMATION MEETING: The petitioner held a Neighborhood Information Meeting on May 8, 2003, that was attended by one neighbor, representing Old Collier Golf Course. The petitioner's agent advised the neighbor that a water retention lake would be located near Ills property line. The neighbor did not voice any opposition to the petition. STAFF RECOMMENDATION: Staff recommendations the Collier County Planning Commission (CCPC) forward to the Board of County Commissioners a recommendation of approval of Petition PUDZ-2003-AR-3764 to repeal Ordinance Number 2000-02 as described by the Ordinance of Adoption and exhibits thereto, the St. John the Evangelist Catholic Church PUD regulatory document. G:\Current\Deselem\PUD Rezones\St John the Evangelist, PUDZ-2003-AR-3764\STAFF REPORT.doc Page 7 of 8 PREPARED BY: K~ I2~SELEM, AICP, PRINCIPAL PLANNER DATE DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW REVIEWED BY: ER i DATE RAY LOWS. CHIEF PLANN /~v0SAN MURRAY, AICP, INTERIM DIREOTO / DATE DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW APPROVED BY: JOS DATE CO~JNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION Tentatively scheduled for the February 10, 2004 Board of County Commissioners Meeting COLLIER COUNTY PLANNING COMMISSION: RUSSELL A. BUDD, CHAIRMAN Attachments: Exhibit A--Rezone Finding Exhibit B--PUD findings Exhibit C--EAC staff report G:\Current\Deselem\PUD Rezones\St John the Evangelist, PUDZ-2003-AR-3764\STAFF REPORT.doc Page 8 of 8 PETITION NAME: St. John the Evangelist PUD Amendment APPLICATION FOR PUBLIC HEARING FOR PUD AMENDMENT/DO AMENDMENT COMMUNITY DEVELOPMENT DMSION CURRENT PLANNING SERVICES Name of Applicant (s) Applicant's Mailing Address Applicant's Mailing Address City Naples Applicant's E-Mail Address: N/A Applicant's Telephone Number:Res: 239-566-8740 Fax#: 239-566-1678 Is the applicant the owner of the subject property? [] (a) [] (b) [] (c) x (d) [] (e) DATE: [] (0 John J. Nevins) BL~hop of the Diocese of Venice c/o St. John the Evangelist Catholic Church 625 111a Avenue North State Florida Zip 34108 Bus.: X Yes [] No If applicant is a land trust, so indicate and name beneficiaries below. If applicant is corporation other than a public corporation, so indicate and name officers and major stockholders below. If applicant is a partnership, limited parmership or other business entity, so indicate and name principals below. If applicant is an owner, indicate exactly as recorded, and list all other owners, if any. If applicant ifa lessee, attach copy of lease, and indicate actual owners if not indicated on the lease. If applicant is a contract purchaser, attach copy of.contract, and indicate actual owner(s) name and address below. Name of Agent Agents Mailing Address City Naples Agent's E-Mail Address: Telephone Numbers: Res.: Fax#: (If space is inadequate, attach on separate page.) Michael R, FernandegT AICP Firm Planning Development Incorporated 5133 Castelio Drivet Suite 2 State Florida pdimrff-~ol, corn Zip 34103 Bas. 239-263-6934 RE-SUBMITTA PUDZ-2003-AR-3764 PROJECT # 2003020031 DATE: 8/15/2003 KAY DESELEM 239-263-6981 PUD ORDINANCE NAME AND NUMBER: St. John the Evangelist Planned Unit Development. Ordinance No.: 90-73 and Ordinance No.: 00-02. DETAILED LEGAL DESCRIPTION OF THE PROPERTY COVERED BY THE APPLICATION (If space is inadequate, attach on separate page. If request involves change to more than one zoning district, include separate legal description for property, involved in each district. If property is odd-shaped, submit five (5) copies of the survey (1" to 400' scale). Please see attached Exhibit "A" THE APPLICANT 1S RESPONSIBLE FOR Sbq:'PLYING THE CORRECT LEGAL DESCRIPTION. IF QUESTIONS ARISE CONCERNING THE LEGAL DESCRIPTION, AND ENGINEER'S CERTIFICATION SHALL BE REQUIRED. SECTION 21 TOWNSHIP 48South RANGE 25East 5_. Address or location of subject property 625 111~ Avenue North, Naples~ FL 34108 Does property owner own contiguous properly to the subject property? If so, give complete legal description of entire contiguous property. (If space is inadequate, attach on separate page). N/A 7. TYPE OF AMENDMENT: X A. PUD Document Language Amendment X B. PUD Master Plan Amendment [] C. Development Order Language Amendmem 8. DOES AMENDMENT COMPLY WITH THE COMPREHENSIVE PLAN: X Yes [] No If no, explain: 9. HAS A PUBLIC HEARING BEEN HELD ON TH1S PROPERTY WITHIN THE LAST YEAR? IF SO, IN WHOSE NAME? N/A PETITION #: DATE: 10. HAS ANY PORTION OF THE PUD BEEN [] SOLD and/or X DEVELOPED? CHANGES PROPOSED FOR THE AREA SOLD AND/OR DEVELOPED? ['-]Yes XNo IF YES, DESCRIBE: (ATTACH ADDITIONAL SHEETS IF NECESSARY). HAR 23 200 " AFFIDAVIT I, John J. Nevins~ Bishop o[ the Diocese of Venice being first duly sworn, depose and say that we are the owners of the property described hereto and which is the subject matter of the proposed hearing; that all the answers to the questions in this application, and all sketches, data, and other supplementary matter attached to and made a part of this application, are honest and mae to the best of our knowledge and belief. We understand this application must be completed and accurate before a hearing can be advertised. We further permit the undersigned to act as our representative in any matters regarding this Petition NOTE: SIGNATURES OF ALL OWNERS ARE MANDATORY. F - ins, Bishop of the Diocese of Venice OF AGENT Michael 1~ Fernandez, ,41CP, President Planning Development Incorporated State of ~-~ County The foregoing Application was acknowledged before me this Day of Venice~ a corporation sole ,200 7~,by John J. Nevins~ Bishop o[the Diocese o[ , who is personally known to me or who has produced As identification and who did (did not) take an oath. CATHERINE N. BU~TER. SP [ ~ 't ~,~7.~t.,,/b/ ~. cc o894~8, (Signature of Nota~ lhtblic) State of Florida County of Collier The~foregoing Application was acknowledged before me this c~3 Day of ~)~ ~ ,2000a~,by Michael R. Fernandez~ AICP as President of Planning Development Incorporated, at~ent , who is personally known to me or who has produced [~./~(~/~ as identiflcaOon ~d who did (did not) take an oath. (S/gn~tur~/of Notary Public) Seal PUD/DO Application 3/2002 2 3 200 ATTACHMENT B LEGAL DESCRIPTION A PORTION OF SECTION 21, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA. BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SECTION 21, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA. THENCE RUN S89°51'54"E, ALONG THE SOUTHERLY LINE OF THE SOUTHWEST 1/4 OF SAID SECTION 21 FOR A DISTANCE OF 1342.67 FEET TO THE SOUTHEAST CORNER OF THE WEST ½ OF THE SOUTHWEST 1/4 OF SAID SECTION 21; THENCE RUN NO 1 °52'38"W ALONG THE EASTERLY LINE OF SAID WEST ½ OF THE SOUTHWEST 1/4 FOR A DISTANCE OF 40.03 FEET TO AN INTERSECTION WITH THE NORTHERLY RIGHT-OF-WAY LINE OF 111TM AVENUE NORTH, SAID INTERSECTION BEING THE POINT OF BEGINNING OF .THE PARCEL OF LAND HEREIN DESCR/BED; THENCE CONTINUE NO 1 °52'38"W ALONG SAID EASTERLY LINE FOR A DISTANCE OF 1390.27 FEET; THENCE RUN S89°51'54"E ALONG A LINE PARALLEL WITH THE SOUTHERLY LINE OF THE SOUTHWEST 1/4 OF SAID SECTION 21 FOR A DISTANCE OF 470.98 FEET; THENCE RUN S01°31'59"E ALONG A LINE PARALLEL WITH THE EASTERLY LINE OF THE SOUTHWEST 1/4 OF SAID SECTION 21 FOR A DISTANCE OF 1390.00 FEET TO AN INTERSECTION WITH THE NORTHERLY RIGHT-OF-WAY LINE OF 111TM AVENUE NORTH; THENCE RUN N89°51'54"W ALONG SAID NORTHERLY RIGHT-OF-WAY LINE FOR A DISTANCE OF 462.63 FEET TO THE POINT OF BEGINNING. CONTAINING 14.89 ACRES, MORE OR LESS. RECEIVED SEP ! 9 PL~I~ SF.~VICE8 ITr. P, fltTIIFJfl' LETTER OF AUTHORIZATION The undersigned do hereby swear or affirm that they are the fee simple title holders and owners of record of property proposed to be known as ,St..John the Evangelist Catholic Church and legally described as follows! PLEASE SEE ATTACI-.rED EXHIBIT "A" The property described herein is the subject of an application(s) for site development plan (SDP) and planned unit development (PUD) amendments and subsequent development orders within Collier County. We hereby designate Planning Development Incorporated/Michael R. Fernandez, AICP as the legal representative of the property and as such, this individual is authorized to legally bind all owners of the property in the course of seeking the necessary approvals to develop this site. This authority includes but is not limited to the hiring and authorizing of agents to assist in the preparation of applications, plans, surveys, and studies necessa,2/to obtain development permits from Collier County, Florida Power and Light Company (FPL), Florida Department of Environmental Protection 0ZDEP), South Florida Water Management District (SFWMD), Big Cypress Basin, The U.S. Army Corps of Engineers (ACOE), U.S. Fish and Wildlife Service (USFWS) and the Florida Game and Freshwater Fish Commission (FGFWFC). Auth~ed Sign~a/ure John ]. Nevins as Bishop of the Diocese of Venice, a corporation sole Printed Name of Land Owner(s) ST ATE OF 3/~2'~ COUNTY 0 F ,.?,~t~.~-:F~. Sworn to (or.~ffirmed) and subscribed betbre me this _,,f~7-~day of ~~ , 20~y-, by ~~~ ~;~ ,as Bishop of the Diocese ofVemce, a co~oration so~w~ is~rsonally known to me or who has produced as identification. (SEAL) Notary Pubic Name typed, pnntec or st~ rr~ TN *Be aware that Collier Court,! has lobbyist regulations. Guide yom ~elf accordingly and ensure that you are in compliance with these regulations. Complete the following for all Association(s) affiliated with this petition. (Provide additional sheets if necessary) Name of Homeowner Association: N/A Mailing Address City State __ Zip. Name of Homeowner Association: Mailing Address N/A City State __ Zip Name of Homeowner Association: Mailing Address N/A City State __ Zip Name of Master Association: Mailing Address N/A City State __ Zip Name of Civic Association: Mailing Address N/A City State __ Zip o Disclosure of Interest Information: ao If the property is owned fee simple by an INDIVIDUAL, tenancy by the entirety, tenancy in common, or joint tenancy, list all parties with an ownership interest as well as the percentage of such interest. (Use additional sheets if necessary). Name and Address Percentage of Ownership John J. Nevins, Bishop of the Diocese of Venice, a corporate sole 100% 9/10/2003 Application For Public Hearing For PUD Rezone 2 3 200 IMAGEO1 ,: FL-02-12747-2 06/19/2002 03:52:55pm Page 1 of 2 B,t ~'~57 6~, mo~-.5.m T,~ 001576 001097 CeU..TE,q cekm~"~ [~ctm. e,c~o OR BOOK PAGE to-vit: A~l ~ par~ of So.ton 31, T~mship 40 8o~ch, J~nngo 25 31, 1390. AGENDA ITEM /'7' MAR 2 3 200% .,. 20 IMAGFgl': FL-02-12747-2 06/19/2002 03:52:55pm Page 2 of 2 a~ald _,~_ts /~1' _ day of ;]L%! )yl,rt MAR Pg._ PUDZ-2003-AR-3764 PROJECT #2003020031 DATE: 2/26/03 KAY DESELEM PRE-APPLICATION MEETING NOTES [~] PUD Rezone ~ PUD to PUD Rezone Project Name:---~k' '~'~ V3 ~ Applicant Name: '~ Ioof'Se... o-r ti Owner Name: Phone: Owner Address: Meeting Attendees: Phone: Planner: ~-~k¥/ '"~~ Submittal Requirements (refer to application for additional requirements) Copies of the following: Completed Application Pre-application Meeting Notes ~--o\~,o Conceptual Site Plan 24X 36" and One 8 ¼ X 11' copy PUD document and Mast~ Plan Copies of the following: Deeds/Legals & Survey (if boundary of original PUD is amended) List identifying Owner & all parties of corporation Owner/Agent Affidavit signed & notarized 1 copy of completed Addressing Checklist .~~~Copies of the following: Traffic Impact Statement (TiS)ct ':,':!v:r Environmental Impact Statement (EIS) or waiveff' Historical Survey or waiver request -- Uhlity Provisions Statement w/sketches ~ Architectural rendering of proposed slxuctures _ C~r..~ Survey, signed & sealed ~ Five (5) copies of Recent Aerial Photograph (with habitat areas defined) mm scaled 1" = 400' x.~ One (1) Electronic version of PUD document m Word format Fees: "~ Application Fee: . ~_] $3,000 + $25 per acre* ($2,500 amendment) Data Conversion: ~ $25 [] ($15 amendment) [] $300.00 Pre-application fee (to be credited toward application fee upon submittal). [] $500.00 Environmental Impact Statement review fee Fee Total *Fees to be paid after receipt of invoice from Planning Department: Property Owner Notifications: $1. O0 Non-certified; $3. O0 Certified return receipt mail Meeting Notes ~ · G:\Current\Pre~App forms\PUD pre-app.doc Z MAF 2 3 ~0~ ST. JOHN THE EVANGELIST PUD AMENDMENT NEIGHBORHOOD INFORMATION MEETING MAY 8, 2003 IN ATTENDANCE: NEIGHBOR REPRESENTATIVE: Michael R. Fernandez, AICP / President - PDI Terd Femandez/ PDI Scott Schlossberg / Business Manager - St. John Kay Deselem / Collier County Planning Services Linda Bedtelyon / Collier County Community Planning Services Mr. Mike Cella, an employee of adjacent Old Collier Golf Course Address: 593 102na Avenue / 514-7918 phone MEETING NOTES: Meeting was called to order by Kay Deselem. The Neighborhood Information Meeting process was explained and it was noted that the petitioner's request has been submitted to Collier County staff and the first round of comments has been received. Kay introduced Linda Bedtelyon as the Community Planning Coordinator (public relations) and the person to call with any questions. Michael Fernandez, of Planning Development Incorporated, was introduced as the agent for the petitioner and the presenter today. Kay mentioned that any commitments made at this meeting will be made part of the record, noted and included in any notes provided to the Board. Michael Fernandez stated that the petitioner is processing what amounts to as a minor amendment. He presented the current PUD Master Plan and described the current approved uses of classrooms, adult day care, day care, fitness center and 125 Adult Living Facility (ALF) units. The petitioner is requesting to eliminate the ALF use, approved as a residential 3-story building. In its place, the site plan will be revised to add approximately 100 parking spaces to the rear and reduce the preservation requirement from 25% to 15%, which is allowed because the residential component is being eliminated. The balance of the approved PUD uses will remain as in the original program. The new development will be in the rear portion of the site. There are some additional improvements that will be made including an additional sidewalk connecting the front are to the church, as well as connecting the current parking lot to the adjacent school, which will give an additional access to 111th Avenue. A new sidewalk will also be added to connect to the cemetery parking area. There are shared parking agreements with the school and cemetery in place provided additional parking. The petitioner also is requesting a SDP Amendment, however, that is not dependent on the PUD Amendment. Page I of 2 RE-SUBMITTAL PUDZ-2003-AR-3764 PROJECT # 2003020 DATE: 8/15/2003 KAY DESELEM 31 I AR 2 3 200 Michael Fernandez asked for any questions. Mike Cella, an employee of the adjacent Old Collier Golf Course, made inquiry as to how the revised development will affect them. He was told that immediately adjacent to their development, a lake was going to be built with required setbacks, perimeter landscaping and also a water management area will be built next to the golf course. He questioned why there were no members from the church in attendance and was assured that the parishioners are fully aware of the redevelopment proposed and are anxious to have the project move forward. Michael stated that the new plans actually will reduce the traffic impacts as the ALF use is being eliminated and the square footage reduced. Kay Deselem questioned whether a TIS had been approved yet. Michael stated that a TIS has been submitted to the Transportation Department for review, however, we have received no comments as yet. The schedule for clearing and commencement of the improvements is estimated to be in the fall of this year. The schedule has been delayed due to the process required for relocation of the gopher tortoises on site, which has now been completed. The first item during construction will be construction of the lake in order to provide fill and then the additional parking will be added. Mike Cella then said that they had no objection to the project and that the proposed plans will lesson impacts compared to the existing PUD Master Plan. He spoke with Scott Schlossberg, the representative from St. John, regarding having access to the undeveloped site area prior to construction, and the possibility of taking some of the displaced plants and landscaping once construction commences and the possibility of some specimen trees being available. Michael Fernandez stated that the PUD Document commits to the planting of mitigation plants for preservation requirements along the fenced common property line with the golf course. As part of a concurrent SDP Amendment, the landscaping plans have been submitted, these plans were available for review to the neighbor in attendance. PDI committed to contacting Mike Cella the next day and providing a copy of the proposed site plan amendment and landscaping plans, which were hand delivered to his office the next day. Kay Deselem noted that there are two public heatings required for approval of this PUD Amendment and that the neighbors would again be notified and given the chance to speak on the subject. The SDP Amendment is not required for board approval. PDI stated that it has in the past and will continue to work directly with third party interests. Meeting was closed and adjourned at 6:00 p.m. End of notes. Page 2 of 2 ]?/~3/2~02 12:09 6595724 ADDRESSING ~ENT BY: PLANNING DEV£LOP~ENT INCORPORAT~ §at ~B3 6981; DE¢.2-0~ it:33AM~ PAGE PAGE ~/4 ADDRESSING CHECKLIST PI~ oOm:l:)lvte the li)l]owtn§. NYal~ F~ilo (Prow.~ ID) number(0 of abo,z~ (stt3ch m, o~ ar..aoc'bte with, I~gal ~_,c~60a il'mom than 3 l. zication map, sbOwi~ ~xa&l left, on Of pa'oj¢~l / t~ in reda'don ~o aca~ public ~ right.-of-w~ (atumh) - ~_ ~tgch ed_kw, aakm s,~gt Cop~ of aaw~y 0qISEDED ONLY YOR UI~PLA'rrED P~DPERT~S) ~n~se~ pwj~t nam~ (ir applicant) ,~ lohn t~e Ewmtt~_ ¢~0~0~ Ciur~ ~ st~t v. amcs (if Site lX-wclopr~nl Pta-, Number (FOR EXTLST~;O FRCdEC'~'S/$ITES ONLY) PUD ~ __- ~TtD 1o. 11. of ~ qt' Ven~ Fax: __ ~_L~xn'~_ ~ / ~. ~ Fonm'~&~-. AICP Faa: STAFF USE ONLY Az:ldre_ss _ MAR 2 3 200W ST. JOHN THE EVANGELIST CATHOLIC CHURCH PUD AMENDMENT AR#: 3764 NEIGHBORHOOD INFORMATION MEETING MAY 8, 2003 NAME Michael R. Fernandez Plannin~ment Incorj~orated Terri Fernandez )ment Incorporated Smith Planninc )ment Incor SIGN IN SHEET ADD~ES--'~---- 5133 Castello Drive, Suite 2 ~lorida 34103 5133 Castello Drive, Suite 2 ~rida 34103 5133 Castello Drive, Suite 2 ~orida 34103 PHONE 239-263-6934 239-263-6981 fax -- 239-263-6934 239-263-6981 fax 239-263-6934 239-263-6981 fax St. John the Evangelist PUD 2003 PUD Amendment Project Issue Narratives General ~qnmmarv Narrafve~ lnegaxed by planmng Developmenl Incorporated I E;~--um ent Date: I anuao' 28, 2003 This proposed PUD Amendment application is made to amend the permitted land uses within the subject parcel to reflect the change in the needs of the parish. The amendment also provides the opportunity to amend the existing PUD Master Plan and its governing development standards to reflect both the change in permitted land uses and design enhancements to the land/site plan in order to meet other jurisdictional agency requirements for water management, while providing for enhanced onsite vehicular, pedestrian and service circulation needs. In quantifying the amendment changes, the following should be noted: Amendment provides for a reduction in development intensity from 151,000 sfto 88,000 sf, from 10,392 sfto 6,056 sf; and, from a FAR -floor area ratio of 0.24. Amendment maintains comparable onsite parking, from 492 spaces to 487 spaces and increases the combination of onsite parking and shared parking from 580 spaces to 639 spaces. Amendment maintains comparable net open space (landscaped areas and lakes), from 50% to 47%; inclusive of a change from 0% to 5.5% of total site area in preserved native vegetation; the balance of the 15% requirement through preservation mitigation. The existing PUD provided 100% of the preservation requirement through onsite preservation mitigation, 25% required due to the project's residential component. Gross open space provided by the both the existing PUD Master Plan and the proposed Amendment is approximately equal. Amendment Master Plan provides for the addition of over 860 linear feet of sidewalk to connect the church to the public pedestrian network. Although the existing Master Plan notes the opportunity for the interconnect to the west, the actual interconnect is presently under construction and provides for a third ingress-egress to the site, along with the previously unanticipated 84 shared parking spaces. Page 1 of 7 HAR 2 3 200~ Project Development Intensity F. Existing PUD Master Plan Existing Development (Sanctuary and Parish Life Center) Future (including 100 apartments of an Adult Congregate Living Facility) Total 40,800 SI 110.200 SI 151,000 si Lot Coverage Floor Area Ratio- Square Feet per Acre 15%+ 0.24 ± 10,392 si/acre Open Space / Green Space / Lakes Preservation / Preservation Mitigation/Total 50% / 45% / 05% 00% / 25% / 25% Parking Spaces onsite - existing onsite - reconfigured onsite - future subtotal offsite / shared Total 346 spaces 61 spaces 85 spaces 492 spaces 68 spaces 560 spaces Access Locations Number of Stones (1) Interconnect Two 1,2 and 3 G. Proposed PUD Master Plan Amendment Existing Development (Sanctuau and Parish Life Center) Current SDP Future Total 40,800 si 11,200 si 36,200 si 88,200 sf Lot Coverage Floor Area Ratio Square Feet per Acre 14%± 0.14+ 6,070 si/acre Open Space / Green Space / Lake Preservation / Preservation Mitigation ' % of Parcel % of Parcel 47% / 39% / 08% 5.5%/9.5%/15% Parking Spaces onsite - existing displaced for sidewalk onsite - future subtotal offsite / shared offsite / shared Total 346 spaces (3)spaces 144 spaces 487 spaces 68 spaces 84 spaces 649 spaces Access Locations Number of Stories (2) Interconnects Page 2 of 7 MAR 2 Vehicular Circulation, Pedestrian Circulation & Parking I. Existing PUD Provision The existing PUD document and associated Master Plan provide for the following development program: Existing Footprint Gross SF Church 17,365 si' Parish Life Center 23,435 ST Parking (407 Spaces) Future 40,800 sf Parish Health and Fitness Center Music Rehearsal Hall and Classroom Parish AdulffChild Care Facility (2 story) Maintenance Building Storage Building 100 Apartment Adult Congregate Living Facility (3 story.) Parking (85 Spaces) 10,000 ST 10,000 si'" 8,000 sT 8,000 sf 8,000 sT 16,000 ST 2,400 ST 2,400 ST 1,800 sf 1,800 sf 24,000 ST 72.000 sT Total Building Area Parking (492 Spaces at Build Out) 95,000 sT 151,000 sT The Master Plan further depicts a vehicular interconnect to the adjacent public school (North Naples Elementary School) which provides for 68 shared parking spaces (utilized by parishioners during peak parking demand) and a secondary ingress/egress for the project from 111t~ Avenue located approximately 1,240 feet east of the primary driveway access to the church. The Master Plan also identifies a potential secondary interconnect to the development west of the church, Naples Memorial Gardens. The Master Plan depicts 407 - 90° degree parking spaces within a reconfigured parking lot, which represented a 61 space increase from the original (and existing) 346 parking spaces, which are mostly less efficien~ but more user friendly angled parking spaces. The Plan depicts an additional 85, 90° future parking spaces in the proposed North Campus Area in a configuration which terminates in a dead end, creating unacceptable difficulties for emergency vehicle access and difficulty in general use; an overall poor circulation pattern for the proposed development program. Correction would mimmally require a cul4e-sac terminus to this parking lot or a looped road. Either correction would significantly impact proposed preservation mitigation areas or result in a significant reduction in the parking spaces provided. Parking requirements: 960 seats existing; 3 spaces per 7 seats; (960 / 7) x 3 = 411 spaces residential = 2 spaces per 5 units = 40 spaces = 40 spaces 451 required; PUD Master Plan depicts 492 depicted (1 space per 291 si) + 68 shared spaces Pedestrian sidewalks betxveen buildings were planned, but no desirable pedestrian access was offered to the public right- of-way serving nearby neighborhoods. Finally, service areas depicted by the existing Master Plan remain segregated and located to the west of the existing Sanctuary and Parish Life Center. The access to these facilities is difficult, at best. and reqte make forced turn-a-rounds or retreat by backing up in reverse. Page 3 of 7 1',4AR 2 3 200 H. Proposed PUD Amendment Vehicular Circulation. Primary vehicular ingress/egress to the subject parcel is proposed to remain as existing. The site is presently served by a 300 linear foot (If) right turn lane with an additional 100 If taper and 280 If entry drive. The project's original entry drive of 160 ff was lengthened by temporary bamers to provide the existing length. These temporary barriers are proposed to be replaced with a permanent landscaped median. The exit drive is comprised of two lanes, one of which is a dedicated right mm lane. Of special significance is the Master Plan's notation of the interconnect and shared parking agreement executed with the parcel to the west (North Naples Memorial Gardens) which provides another secondary access, located approximately 1,240 If to the west, to the public road system and 84 parking spaces which provides the church with potential overflow parking during peak use periods. This secondary project access augments the existing interconnect with the adjacent North Naples Elementary School which provides links to the school's driveway located 1,240 If east of the project's primary access from 111t~ Avenue. This interconnect additionally provides for 68 shared parking spaces which provide overflow parking during peak use periods. Combined, this project has one primary and two secondary access points. Parking. The proposed PUD Amendment retains the existing 346 parking spaces, the majority of which are ease-of-nse angled parking spaces. The familiarity of the parishioners to their configuration and their ease of use were paramount considerations in not pursuing the previously proposed configuration which yielded an additional 61 spaces. It was anticipated that a change to standard 90° parking spaces would lengthen the parking lot turnover times between masses and lead to unnecessary challenges for many in the congregation. The loss of the anticipated gain of 61 parking spaces and the additional 85 spaces depicted on the existing Master Plan, totaling 492 spaces; is mitigated in the proposed PUD Amendment Master Plan by the addition of 144 new parking spaces within the North Campus Area, bringing the total onsite parking spaces to 487 (total reduced by 3 spaces lost to accommodate sidewalks). These additional 144 spaces are well configured in a looped configuration svithin the North Campus area and are provided with the enhanced parking space width of 10 feet to provide for the ease of use desired by the church. Parking / Code Compliance. The Collier County Land Development Code (LDC) Section 2.3.16 provides for the parking requirements for a church / house of worship / synagogue: 3for each 7 seats in chapel or assembly area. Other uses are not counted except for residential uses. A reduction of this standard to a minimum of l space for each 4 seats, may be applied for m conjunction with an application for a site development plan, through the board of appeals after review and recommendation of the planning commission. This reduction will only be allowed for expansion created by congregational growth, for existing church buildings where the applicant can demonstrate a significant hardship exists. .4 stacked or other parking plan shall be ~ubmitted with the application which will demonstrate that the vehicle parking will not have negative impacts upon neighboring properties and will provide adequate access for emergency vehicles. Parking requirements: 960 seats existing; 3 spaces per 7 seats; (960 / 7) x 3 = 411 spaces required. 346 spaces existing; 141 additional spaces is over a 40% increase in onsite parking. 487 onsite (1 per 182 sf) + 152 shared spaces = 639 spaces (1 per 138 sO. The 639 is (639-414 existing = 225 new) over a 54% increase in on & offsite parking. An increase of 14% over that depicted by the existing PUD Master Plan. Pedestrian Circulation. Pedestrian circulation proposed by the amended North Campus Area of the Master Plan incorporates well placed buildings with linking pedestrian ways which enhance the opportumty for chance meetings, provide areas of respite, areas of congregation, and vistas of onsite open space features and the effective collection of pedestrians from and to new parking areas. Overall exterior pedestrian areas, inclusive of sidewalks are being provided at a ratio of 2 sf fi building. Page 4 of 7 Of specific significance is the installation ofa 6 foot ~de continuous side~valk along the parcel's 460 foot fromage which furthers the implementation of a pedestrian network for the neighborhood. This improvement will also be connected to a new 5 foot wide sidewalk / pathway of 400 feet in length which will provide pedestrians direct connection from the public sidewalk to the church. Service Areas. Service circulation has been improved to pro,fide a one-way circulation pathway which includes access to mechanical service areas as well as a centrally located, enlarged and screened refuse containment (dumpster) area. Page 5 of 7 MAR 2 3 200 Preservation I. Existing PUD Provision The existing PUD and associated PUD Master Plan proposed a mixed (residential and nonresidential) use and consistent with Collier County LDC Section 3.9.5.5.3 required that a minimum of 25% of the existing native vegetation habitat be retained or mitigated onsite. This LDC Section allows for areas of landscaping and open space which are planted with native species and ground cover to be included in this total. Onsite mitigation is allowable for parcels which cannot reasonably accommodate the required preservation and proposed development. The existing PUD Master Plan Program, footprints and development program listed below, in association with required water management areas would not reasonably accommodate the required preservation and the proposed activity (development) and therefore onsite mitigation was provided to meet the entire 25% preservation requirement. Existing Footprint Gross SF Church 17,365 ST Parish Life Center 23,435 sf Parking (407 Spaces) Future 40,800 si' Parish Health and Fitness Center Music Rehearsal Hall and Classroom Parish Adult/Child Care Facility (2 story) Maintenance Building Storage Building 100 Apartment Adult Congregate Living Facility (3 story) Parking (85 Spaces) 10,000 sf 10,000 sf 8,000 sf 8,000 sf 8,000 sT 16,000 sT 2,400 sT 2,400 sT 1,800 sf 1,800 sT 24,000 sT 72,000 sT Total Building Area Parking (492 Spaces at Build-Out) 95,000sf 151,O00sT The existing PUD Master Plan approval graphically depicts mitigating all of the 25% preservation requirement within: landscape buffer areas of 10 foot width or greater;, and, open space areas surrounding the existing lake adjacent to 111' Avenue; and, within four dry water management areas abutting the perimeter of the parcel; and, littoral areas planted with native vegetation. The existing PUD master plan provided approximately 50% green space and lakes comprised of 25% preservation mitigation with approximately 72 of this mount incorporated within dry water management areas, 7 % interior landscaped area and 13% other green space located about the perimeter of the buildings and 5% lakes. In parL this proposed PUD Amendment is required due to the inability of the conceptual water management design of linked dry detention area and the existing lake to meet the water management treatment and sh MAR 2 3 2004 Page 6 of 7 H. Proposed PUD Amendment The primary change proposed with this PUD Amendment is the reduction in development intensity from 151,000 sf to 88.200· sf primarily by deleting permitted residential land uses. This land use amendment changes the preservation requirement from 25% for mixed use development with a residential component to 15% (typical for churches). This change allows for the reasonable accommodation of the planned expansion of the existing church facilities and accessory uses. This reduction in the preservation requirement allows for the accommodation of over 1/3 (5.5% of the site) of the preservation requirement, in the form of preservation of existing native scrub habitat, where previously no existing habitat was proposed to be retained. The balance of the preservation requirement is being met by onsite preservation mitigation which requires landscaped improvements with an installation of native vegetation comprised of 1 gal. ground cover plants, 5 gal. shrubs, and 14' o.a. trees. The proposed PUD master plan provides approximately 47% green space and lakes comprised of 5.5% preservation, 9.5% preservation mitigation, 7% interior landscape area, 3% dry water management areas, 14% other green space located about the perimeter of buildings and 8% lakes. Ill. Proposed SDP Amendment The church has submitted and is presently processing a SDP amendment which will add the PUD Master Plan depicted 11,200 sf Music Rehearsal Hall and Classroom building and 141 parking spaces. An associated SFWMD ERP Amendment to the existing permit is being processed concurrently. These improvements are expected to be under construction during the summer of 2003. The future North and West Wing Buildings and the dry water management area without a preservation mitigation installation are subject to the approval of the proposed PUD Amendment. IV. Proposed SDP Amendment Data Sheets (see attached) Page 7 of 7 2 3 200t ORDINANCE NO. 04- AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY AMENDING ORDINANCE NUMBER 91-102, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE TO AMEND OFFICIAL ZONING ATLAS MAP NUMBER 8521S; BY CHANGING THE, ZONING CLASSIFICATION OF THE HEREIN DESCRIBED SUBJECT PROPERTY FROM "PLANNED UNIT DEVELOPMENT" (PUD) TO PUD FOR A PROJECT KNOWN AS ST. JOHN THE EVANGELIST CATHOLIC CHURCH, LOCATED AT 625 IllTH AVE NORTH, IN SECTION 21, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 14.89+ ACRES: AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Bishop John J. Nevins, of the Roman Catholic Diocese of Venice, represented by Michael R. Fernandez, AICP, of Planning Development, Inc., has petitioned the Board of County Commissioners, in petition number PUDZ-2003-AR-3764, to change the zoning classification of the herein described real property. NOW, THEREFORE, E IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, THAT: SECTION ONE: The zoning classification of the herein described real property located in Section 21, Township 48 South, Range 25 East, Collier County, Florida, is changed from PUD to Community Facilities PUD in accordance with the SL John the Evangelist Catholic Church PUD Document, attached hereto as Exhibit "A" and incorporated by reference herein. The Official Zoning Atlas Map numbered 8521S, as described in Ordinance Number 91-102, as amended, the Collier County Land Development Code, is hereby amended accordingly. SECT1ON TWO: This Ordinance shall become effective upon filing with the Department of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this day of ,2S04. ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: Deputy Clerk DONNA FIALA, CHAIRMAN Approved as to Form and Legal Sufficiency Patrick G.'~Nhite, Assistant County Attorney PUDZ-2003 -AR-3764/KD/Io Attachment: Exhibit A, PUD Document ST. JOHN THE EVANGELIST A PLANNED UNIT DEVELOPMENT REGULATIONS AND SUPPORTING MASTER PLAN GOVERNING ST. JOHN THE EVANGELIST, A PLANNED UNIT DEVELOPMENT PURSUANT TO PROVISIONS OF THE COLLIER COUNTY LAND DEVELOPMENT CODE Prepared For: John J. Nevins, Bishop of the Diocese of Venice c/o St. John the Evangelist Catholic Church 625 111th Avenue North Naples, Florida 34108 Amendment Text Prepared By: Michael R. Fernandez, AICP of Planning Development Incorporated 5133 C astello Drive, Suite 2, Naples, Florida, 34103 239 / 263-6934 239 / 263-6981 fax PDI MRF @ AOL.COM DATE APPROVED BY BCC ORDINANCE NUMBER AMENDMENTS AND REPEAL ORIGINAL DOCUMENT DATE PUD AMENDMENT DOCUMENT DATE PUD Exhibit "A" 12.20.99 11.24.03 ~1~ 2 3 200~ TABLE OF CONTENTS SECTION PAGE SECTION I STATEMENT OF COMPLIANCE SECTION II PROPERTY OWNERSHIP, LEGAL DESCRIFHON AND SHORT TITLE SECTION HI STATEMENT AND INTENT AND PROJECT DESCRIPTION SECTION IV GENERAL DEVELOPMENT REQUIREMENTS SECTION V PERMITTED USES AND DIMENSIONAL STANDARDS SECTION VI PRESERVATION AND ENVIRONMENTAL STANDARDS SECTION VII TRANSPORTATION SECTION VHI UTILITIES AND ENGINEERING REQUIREMENTS SECTION 1X WATER MANAGEMENT REQUIREMENTS SECTION X OTHER DEVELOPMENT COMMITMENTS / STANDARDS 1-1 through 1-2 2-1 3-1 4-1 through 4-2 5-1 through 5-3 6-1 through 6-2 7-1 8-1 9-1 10-1 LIST OF EXHIBITS / ATTACHMENTS ATFACHMENT A ATTACHMENT B PUD Master Plan Legal Description MAR232D SECTION I STATEMENT OF COMPLIANCE The subject property is approximately 14.89 _ acres, and is located in Section 21, Township 48 South, Range 25 East, Collier County, Florida. The development of this property as a Planned Unit Development, to be known as St. John the Evangelist Catholic Church, will be in compliance with the planning goals and objectives of Collier County as set forth in the Growth Management Plan- GMP. The proposed development will be consistent with the growth policies, land development regulations, and applicable comprehensive planning objectives for each of the elements of the Growth Management Plan for the following reasons: 1.1 The subject property is located within the Urban - Mixed Use District, Urban Residential Subdistrict Land Use designation as identified in the Collier County Future Land Use Map of the GMP. Objective 1 of the Future Land Use Element (FLUE) of the GMP requires new or revised uses of land to be consistent with the designations outlined on the Future Land Use Map. FLUE Policy 5.1 requires the rezoning to be consistent with the Collier County Growth Management Plan. FLUE Policy 5.2 requires proposed developments to be reviewed for compliance with the FLUE and GMP. All GMP objectives and policies require the proposed rezoning to be located in the appropriate land use category and assessed for comprehensive plan consistency. 1.2 The Urban - Mixed Use District is intended io accommodate a variety of residential land uses and also allows certain industrial and commercial uses. The Urban Residential Subdistrict designation includes both residential and non-residential land uses and also allows community facility uses, such as churches and schools, child care centers, and open space uses. 1.3 The proposed development consists of a complementary range of community facilities, including a church auditorium, religious education facilities, school, and recreation facility, day care, adult day care. 1.4 The project shall be in compliance with all applicable County regulations, including the Growth Management Plan. 1.5 The project will be served by a full range of services and utilities provided by the County. 1.6 The project will be compatible and complementary with adjacent land uses through the internal arrangement of tracts, the placement of land use buffers, and the proposed development standards contained herein. MAR 2 3 1.7 The Planned Unit Development includes open spaces, natural features and lakes, which will serve to enhance the project and improve its compatibility to surrounding properties and land uses. 1.8 All final local Development Orders for this project are subject to the Collier County Concurrency Management System, as implemented by the Adequate Public Facilities Ordinance. 2004 2.1 2.2 2.3 SECTION II PROPERTY OWNERSHIP, LEGAL DESCRIPTION AND SHORT TITLE PROPERTY OWNERSHIP This project, comprising 14.89 +_ acres, is owned by John J. Nevins, Bishop of the Diocese of Venice, Florida, 1000 Pinebrook Road, Venice, Florida, 34292. LEGAL DESCRIPTION This project is described in "Attachment B". GENERAL DESCRIPTION OF PROPERTY AREA A. The project site is located in the south half of Section 21, Township 48 South, Range 25 East, approximately 1/4 mile east of Vanderbilt Drive (C.R. 901). B. The zoning classification of the subject property prior to the date of this approved PUD Document was PUD. 2.4 SHORT TITLE This Ordinance shall be known and cited as the "St. John the Evangelist Planned Unit Development Ordinance." MAR2320Gq ~ P~- 7/ ~ SECTION III STATEMENT OF INTENT AND PROJECT DESCRIPTION 3.1 INTRODUCTION It is the church's intention to establish a Planned Unit Development meeting requirements as set forth in the Collier County Land Development Code (LDC). 3.2 PROJECT DESCRIPTION The project is comprised of 14.89 + acres. Access to the site is provided from 111th Avenue North and a shared access driveway with the North Naples Elementary School and the adjacent cemetery. The project will provide a selected range of facilities which will include a health and fitness center, a parish life center, and adult day care facility, maintenance buildings, a memorial garden, pre-school and recreational facilities, and classrooms which will be necessary and complementary to the principal use of the site. 3.3 PLAN APPROVAL The location of the land uses are shown on the PUD Conceptual Master Plan. Changes and variations in building location shall be permitted via Site Development Plan approval in accordance with Division 3.3 of the Land Development Code. Changes and variations in building tracts may be permitted during Site Development Plan approval, if, at the discretion of the County Manager, or his designee, such changes and variations are in conformance with the substantive and procedural requirements of Collier County. 3.4 LAND USE PLAN AND PROJECT PHASING The PUD Master Plan contains one (1) development tract consisting of an existing sanctuary, an existing parish life center and memorial garden as well as existing parking areas and access drives. Future development includes a parish adult day care facility, a parish health and fitness center, children's day care center, and a music rehearsal hall and classrooms. The phasing of future accessory uses will be determined based on the availability of need and funding. MAR 2 3 200~ SECTION IV GENERAL DEVELOPMENT REGULATIONS 4.1 4.2 4.3 PURPOSE The purpose of this section is to set forth the development regulations that apply to the development and use of the St. John the Evangelist Catholic Church PUD and Master Plan. GENERAL The following are general provisions applicable to the PUD Master Plan: mo Regulations for the development of the St. John the Evangelist PUD shall be in accordance with the contents of this document, the PUD-Planned Unit Development District and other applicable sections and parts of the Collier County Land Development Code (LDC) and Growth Management Plan in effect at the time of building permit application. Should these regulations herein or on this PUD's associated Master Plan fail to provide, list or depict specific development standards, then the provisions of the most similar zoning district of the LDC shall apply. Bo Unless otherwise noted, the definitions of all terms shall be the same as the definitions set forth in the LDC in effect at the time of building permit application. Co Development permitted by this approval of this petition will be subject to a concurrency review under the provisions of Div. 3.15, Adequate Public Facilities of the LDC at the earliest to occur of either final SDP approval, final plat approval, or building permit issuance applicable to this development. SITE C!.EARING AND DRAINAGE Clearing, grading, earthwork, and site drainage work shall be performed in accordance with the Collier County LDC and the standards and commitments of this document at the time of construction plan approval. 4.4 EASEMENTS FOR UTILITIES 4.5 4.6 4.7 Easements, where required, shall be provided for water management areas, utilities, and other purposes as may be required by Collier County. All necessary easements, dedications or other instruments shall be granted to ensure the continued operation and maintenance of all services and utilities. This will be in compliance with applicable regulations in effect at the time construction plans and plat approvals are requested. AMENDMENTS TO THE ORDINANCE Amendments to this Ordinance and Master Plan shall be pursuant to Section 2.7.3.5 of the Collier County LDC, as revised, in effect at the time the amendment is requested. PROJECT PLAN APPROVAL REQUIREMENTS Attachment "A", PUD Master Plan, constitutes the required PUD Development Plan. All division of property and the development of the land shall be in compliance with the subdivision regulations set forth in Section 3.2 of the LDC. HISTORICAL / ARCHAEOLOGICAL 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. MAR23 i. SECTION V PERMITTED USES AND DIMENSIONAL STANDARDS 5.1 5.2 5.3 PURPOSE The purpose of this Section is to identify permitted uses and development standards for areas within the St. John the Evangelist Catholic Church PUD designated on Attachment "A," Conceptual PUD Master Plan. GENERAL DESCRIPTION Development areas as shown on the PUD Master Plan are designed to accommodate a full range of principal uses, essential services, and accessory uses. Actual acreages of all development areas will be provided at the time of Site Development Plan or Preliminary Subdivision Plat approvals in accordance with Article 3, Division 3.3, and Division 3.2, respectively, of the Collier County Land Development Code. All development areas are designed to accommodate internal roadways, parking, open spaces, amenity areas, water management facilities, and other similar uses. PERMITTED USES AND STRUCTURES No other building or structure, or part thereof, shall be erected, altered or used, or any land used or developed, in whole or in part, for other than the following uses: Principal Uses: 1. House of Worship Accessory Uses: 1. A parish life center for use by members of the congregation 2. School, private 3. A parish health and fitness center 4. A parish Adult and children's day care center 5. Facilities for maintenance and storage supporting onsite uses 6. Swimming pools and open space for recreation, boardwalks, nature trails, picnic areas, playgrounds, and fitness trails 7. Any other comparable accessory use as determined by the Collier County Planning Services Director to be compatible with on-site and adjacent development 8. Preserve and conservation areas Co Minimum Setback Standards for the Permitted Uses and Accessory_ Uses 1 through 7 Listed in this Section: 1. Rear Yard: 2. Side Yard: 3. Front Yard: 4. Minimum Distance Between Buildings: 5. twenty five (25) feet fifteen (15) feet fifty (50) feet fifteen (15) feet Setbacks shall be twenty-five (25) feet along the property boundary abutting the North Shore Lake Villas PUD. Building Setback from Lake: twenty (20) feet Setback from Upland Preservation Areas: twenty-five (25) feet for principal structures and ten (10) feet for accessory structures within the Future Building Footprint Area depicted on the PUD Master Plan. For other structures, setbacks shall be in accordance with that shown on the PUD Master Plan. Maximum Building Height: Forty five (45)'feet will be the maximum height of any building on this property, not including appurtenances typically associated with houses of worship, such as bell towers and flagpoles, as set forth in Section 2.6.3 of the Land Development Code. Parking Requirements: Development of parking areas shall comply with Division 2.3, Off-Street Parking and Loading, of the Land Development Code in effect at the time of Site Development Plan or building permit application, as may be applicable. Accessory_ Structures: Except for temporary construction site offices, all accessory structure(s) must not be constructed before construction of the corresponding principal structure(s). Lighting: Lighting shall be located so that no light is aimed directly toward an off-site property used for residential purposes, which is located within two hundred (200) feet of the light source. Perimeter Landscape Buffers: South (111th Avenue): West (Cemetery): West (North Shore Villas): 10 Ft. Width LDC Type D 10 Ft. Width LDC Type A 15 Ft. Width LDC Type B North (Golf Course): East (School): East (Vanderbilt Lakes Residential): 10 Ft. Width LDC Type A 10 Ft. Width LDC Type A 10 Ft. Width LDC Type B The church parcel must be upgraded to these standards concurrently with the earliest expansion of the church or associated accessory use undertaken after the date of adoption of this amendment requirement. ._MAR 2 3 22D ! 6.1 SECTION VI PRESERVATION AND ENVIRONMENTAL STANDARDS PURPOSE The purpose of this section is to set forth the environmental commitments of the Church. Fifteen (15%) percent of the project area, equal to 2.23 acres, shall be preserved and or mitigated within the subject parcel in accordance with Section 3.9.~.5.4 of the Collier County Land Development Code. Bo Minimum width of Preservation Mitigation along the perimeter of the project, shall be 10 feet. Minimum width of Preservation/Retained Native Vegetation shall be as shown on the PUD Master Plan or in accordance with LDC Section 3.9.5.5.6. Preservation mitigation may include areas of LDC required landscaping and perimeter buffers provided. This is a deviation from LDC Section 3.9.2.a which requires a minimum width of 20 feet and an average of 30 feet for preserve areas within parcels of less than 20 acres. The PUD shall be consistent with the environmental sections of the Collier County Growth Management Plan Conservation and Coastal Management Element and the Collier County Land Development Code at the time of final development order approval. D° An exotic vegetation removal, monitoring and maintenance (exotic-free) plan for the site, with emphasis on the conservation/preservation area, shall be submitted to Environmental Services Staff for review and approval prior to final site plan/construction plan approval. A schedule for exotic removal within all preservation areas shall be submitted with the above mentioned plan. An updated gopher tortoise survey shall be required at the time of next development order submittal. If gopher tortoises are found on site, a gopher tortoise relocation/management plan, shall be submitted to the Environmental Services Department for review and approval. The approved language for the relocation/management plan shall be included on the Site Development Plan. Fo A preserve management plan shall be submitted for review and approval at the time of next development order submittal. Go A Special Gopher Tortoise Relocation Permit was issued by the FFWCC in July 2003 for the subject property for the relocation of two (2) gopher tortoises. A preservation area of 0.82 acres has been established and the tortoises have been relocated to the preserve area which is identified on the PUD Master Plan. SECTION VII TRANSPORTATION REQUIREMENTS 7.1 PURPOSE The purpose of this Section is to set forth the transportation commitments of the Church. 7.2 The Church shall provide arterial street lighting at the project entrance. Said lighting shall be in place prior to the issuance of any Certificate of Occupancy. 7.3 Internal access improvements shall not be subject to impact fee credits and shall be in place before any certificates of occupancy are issued. 7.4 All traffic control devices shall conform with the Manual on Uniform Traffic Control Devices as required by Chapter 316.0745, Florida Statutes. 7.5 All median openings and driveway locations shall be in accordance with the Collier County Land Development Code and Access Management Policy as they may be amended. Median access and control shall remain under County control. 7.6 An eastbound turn lane with an overall length of 300 + feet shall be provided prior to the issuance of the certificate of occupancy for the Music Rehearsal Hall and Classroom accessory use addition. However, this construction deadline may be deferred by Collier County Transportation Staff in order to schedule public roadway improvements during the on-peak traffic use season. The church shall continues to provide traffic control at the main project entry by law enforcement or a law enforcement approved service provider for well attended Sunday Masses and other periods and events of significant traffic generation. · SECTION VIII UTILITIES AND ENGINEERING REQUIREMENTS 8.1 8.2 8.3 PURPOSE The purpose of this Section is to set forth the utilities and engineering commitments of the project developer. PURPOSE ' mo Water distribution, sewage collection and transmission lines to serve the project are to be designed, constructed, conveyed and/or owned and maintained in accordance with Collier County Ordinance No. 97-17, as amended, and other applicable County rules and regulations. Bo 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 accordance with the County's established rates. ENGINEERING mo Detailed paving, grading, site drainage and utility plans shall be submitted to the Development Services Department 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 the Development Services Department. Bo Design and construction of all improvements shall be subject to compliance with the appropriate provisions of the Collier County LDC. Co The Church and all subsequent petitioners are hereby placed on notice that they shall be required to satisfy the requirements of all County ordinances or codes in effect prior to or concurrent with any subsequent development order relating to this site, including but not limited to Preliminary Subdivision Plats, Site Development Plans and any other application that may result in the issuance of a final or final development order. Do Prior to Final Site Development Plan approval a right-of-way permit shall be obtained if required. MAR 2 9.1 SECTION IX WATER MANAGEMENT REQUIREMENTS PURPOSE The purpose of this section is to set forth the stipulations established by the Water Management Advisory Board, which shall be accommodated by the project developer. Detailed paving, grading, site drainage and utility plans shall be submitted to the Development Services Department 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 the Development Services Department. Design and construction of all improvements shall be subject to compliance with the appropriate provisions of the Collier County Land Development Code. o This project must obtain a South Florida Water Management District Surface Water Management Permit prior to Site Development Plan Approval. SECTION X OTHER DEVELOPMENT COMMITMENTS / STANDARDS 10.1 10.2 SIGNS All signs shall be in accordance with Division 2.5 of the Land Development Code. POLLING PLACES Pursuant to Section 2.6.30 of the Land Development Code provision shall be made for the future use of building space within common areas for the purposes of accommodating the function of an electoral polling place. An agreement recorded in the official records of the Clerk of the Circuit Court of Collier County, which shall be binding upon any and all successors in interest that acquire ownership of such common areas including, but not limited to, condominium associations, homeowners associations, or tenants associations. This agreement shall provide for said community recreation/public building/public room or similar common facility to be used for a polling place if determined to be necessary by the Supervisor of Elections. MAR 2 3 GOL. F COURSE ............. .-....-.-.-. ..,... , .'.'.~'.'.' i _. ~ ,..... .::~:~:~:~::.- .,, - ATTACHMENT B LEGAL DESCRIPTION A PORTION OF SECTION 21, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA. BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SECTION 21, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA. THENCE RUN S89°51'54"E, ALONG THE SOUTHERLY LINE OF THE SOUTHWEST 1/4 OF SAID SECTION 21 FOR A DISTANCE OF 1342.67 FEET TO THE SOUTHEAST CORNER OF THE WEST ½ OF THE SOUTHWEST 1/4 OF SAID SECTION 21; THENCE RUN NO 1 °52'38"W ALONG THE EASTERLY LINE OF SAID WEST ½ OF THE SOUTHWEST 1/4 FOR A DISTANCE OF 40.03 FEET TO AN INTERSECTION WITH THE NORTHERLY RiGHT-OF-WAY LINE OF 111Tu AVENUE NORTH, SAID INTERSECTION BEING THE POINT OF BEGINNING OF .THE PARCEL OF LAND HEREIN DESCRIBED; THENCE CONTIN-UE NO 1 °52'38"W ALONG SAID EASTERLY LINE FOR A DISTANCE OF 1390.27 FEET; THENCE RUN S89°51'54"E ALONG A LINE PARALLEL WITH THE SOUTHERLY LINE OF THE SOUTHWEST 1/4 OF SAID SECTION 21 FOR A DISTANCE OF 470.98 FEET; THENCE RUN S01°31'59"E ALONG A LINE PARALLEL WITH THE EASTERLY LINE OF THE SOUTHWEST 1/4 OF SAID SECTION 21 FOR A DISTANCE OF 1390.00 FEET TO AN INTERSECTION WITH THE NORTHERLY RiGHT-OF-WAY LINE OF 111va AVENUE NORTH; THENCE RUN N89°51'54"W ALONG SAID NORTHERLY RiGHT-OF-WAY LINE FOR A DISTANCE OF 462.63 FEET TO THE POINT OF BEGI2qNING. CONTAINING 14.89 ACRES, MORE OR LESS. ~AR23200q ~ EXECUTIVE SUMMARY RZ-2003-AR-3703, IMMOKALEE CHURCH OF THE NAZARENE REPRESENTED BY WILLIAM L. HOOVER, AICP, REQUESTING A REZONE FROM THE "P" PUBLIC USE ZONING DISTRICT TO THE "CF" COMMUNITY FACILITY ZONING DISTRICT FOR PROPERTY LOCATED AT THE SOUTHWEST CORNER OF THE INTERSECTION OF COLORADO AVENUE AND 4xn STREET SOUTH IN IMMOKALEE, FLORIDA IN SECTION 4, TOWNSHIP 47, RANGE 29, COLLIER COUNTY FLORIDA. THIS PROPERTY CONSISTS OF 1.55 + ACRES. COMPANION ITEM: VA-2003-AR-4708 OBJECTIVE: The petitioner requests a zoning for a 1.55 +-acre tract from the "P" Public Use zoning district to the "CF" Community Facility zoning district to allow the development of a church or place of worship. CONSIDERATIONS: The subject property is located at the southwest coruer of the intersection of Colorado Avenue and 4th Street South in Immokalee, in Section 4, Township 47, Range 29, Collier County, Florida. The petitioner proposes to convert the existing structure into a church/house of worship to be used by the Immokalee Church of the Nazarene, which will be relocating from it current 110 S. Second Street location. The existing zoning will not allow the proposed church use, thus this rezoning petition has been submitted. No additional structures have been specifically mentioned as planned at this time, but the owner would not be precluded from constructing additional structures in the future. In fact, the site plan refers to the grassed southerly portion of the site as "possible future development area." There is a companion request to this petition seeking a variance from the 25-foot minimum front yard setback to allow a 10.1-foot setback for an existing covered sidewalk, and a 20.1-foot setback for the existing building, VA-2003-AR-4708. In addition, the petitioner sought and received approval for administrative relief from the parking requirements of the Land Development Code (LDC) pursuant to LDC Section 2.3.9. RZ-2003-AR-3703 EXECUTIVE SUMMARY.doc Page I of 4 Ar_:iEI~>A ITElv~. MAR 2 3 20Or+ FISCAL IMPACT: Approval of this rezoning petition would have no immediate fiscal impact on the County. The County collects impact fees prior to the issuance of building permits to help offset the impacts of each new development on public facilities. GROWTH MANAGEMENT IMPACT: The subject property is designated Urban (Commerce Center Mixed Use District), on the Immokalee Area Master Plan Future Land Use Map (FLUM) of the Growth Management Plan (GMP). Relevant to this petition, the purpose of this designation is to create a major activity center that services the entire Immokalee Urban Designated area and surrounding agricultural area. The Mixed-Use District shall function as an employment center and shall encourage commercial and institutional uses. Uses permitted within this Subdistrict shall include shopping centers, governmental institutions, middle or high schools, community parks and other employment generating uses. The Mixed-Use District permits institutional uses, which includes churches. Therefore, Comprehensive Planning staff concludes the proposed uses for the subject site can be deemed consistent with the Immokalee Area Master Plan. ENVIRONMENTAL ISSUES: Environmental Review staff evaluated this petition and determined that there are no environmental issues that need to be addressed at the rezoning stage. The Environmental Advisory Council (EAC) did not hear this petition because an Environmental Impact Statement (EIS) was not required. An EIS was not required because the property does not meet the size threshold. COLLIER COUNTY PLANNING COMMISSION (CCPC) RECOMMENDATION. The CCPC heard this petition on February 19, 2004, and unanimously recommended that this petition be forwarded to the Board of County Commissioners (BCC) with a recommendation of approval, subject to a revised list of conditions. The CCPC changed Condition Number 1 to clarify that the limitation for the number of persons only applies to adults who may drive, and further, the limitation would be limited to any one service, not a cumulative amount for all services. (That condition change is reflected below.) Until additional church parking is provided, seating in the sanctuary for any church service is limited to a maximum of 220 seats. A church/house of worship is the only principal permitted use on the subject property. Any additional structures must be part of the principal use or limited uses customarily ancillary or accessory to a church/house of worship use. The owner must bring the parking into LDC compliance, to include but not RZ-2003-AR-3703 EXECUTIVE SUMMARY.doc Page 2 of 4 MAR 2 3 200t ! be limited to, the number of spaces; dimensions; provision of wheel stops; and proper aisle width allowances; for any expansion of this use or if any additional structures, either temporary or permanent, are placed on site prior to the issuance of a certificate of occupancy for new structures; and The church/house of worship use on this property must be in compliance with the site plan, prepared June 2001, last revised November 2003, and stamped received January 26, 2004; and The reduction in parking shown on the site plan referenced above is approved subject to the conditions set forth below and as further explained in the August 27, 2003, letter to William Hoover from Susan Murray: a) Bus/van transportation must be provided by the church for worship services and any other function that could generate large number of vehicles; and b) All parking for church functions must be contained within the parking lot; parking along the right-of-way is prohibited; and c) The church must maintain an active program that provides periodic reminders to the congregation to encourage ride sharing; and d) The existing parking spaces must be brought into compliance with code to the maximum extent possible; and The use of this site for a church is contingent upon approval of, and adherence to, the variance approval of VA-2003-AR-4708. This project must be in compliance with all other provisions of the LDC. ZONING & LAND DEVELOPMENT REVIEW STAFF RECOMMENDATION: The proposed rezone is consistent with the applicable provisions of the GMP, including the Immokalee Area Master Plan, and the uses allowable in this rezoning and as further limited by the petitioner will be compatible with surrounding land uses. Therefore, Zoning & Land Development Review staff recommended that the Collier County Planning Commission forward Petition RZ-2003-AR-3703 to the Board of County Commissioners with a recommendation of approval, subject to the conditions noted above in the CCPC action. RZ-2003-AR-3703 EXECUTIVE SUMMARY.doc Page 3 of 4 MAR 2 3 200~ Pg.,, PREPARED BY: KA~(~%SELE~ DEPARTMENT OF ZONING & LAND DEVELOPMENT REVIEW DATE REVIEWED BY: RAY BEn,LOWS, CHIEF PLANNER DEPARIJvlENT OF ZONING & LAND DEVELOPMENT REVIEW DATE REVIEWED BY: REVIEW DATE APPROVED BY JOSEJJI~K. SCHMI/Fq¢, AI~MINI4~TRATOR 'D,~'I~E COMITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION RZ-2003-AR-3703 EXECUTIVE SUMMARY.doc Page 4 of 4 AGE. I~A ITE~ 17E IV{AR 2 3 200~ AGENDA ITEM 8.B FROM: HEARING DATE: SUBJECT: STAFF REPORT COLLIER COUNTY PLANNING COMMISSION DEPARTMENT OF ZONING & LAND DEVELOPMENT REVIEW COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION FEBRUARY 19, 2004 RZ-2003-AR-3703; IMMOKALEE cHURcH OF THE NAZARENE COMPANION ITEM: VA-2003-AR-4708 OWNER/AGENT: Agent: William L. Hoover AICP Hoover Planning & Development, Inc. 3785 Airport Road North, Suite B- 1 Naples, FL 34105 Owner: Virginia Ayala 1400 Grasslands Blvd, Apt 24 Lakeland, FL 33803 Contract Purchaser: Immokalee Church Of The Nazarene 110 S. Second Street Immokalee, FL 34142 REQUESTED ACTION: The petitioner wishes to rezone 1.55 acres from the Public "P" zoning district to the Community Facilities "CF" zoning district. The petitioner has also offered to limit the use of the land to a church or house of worship as the only principal allowable use in the CF zoning district, for this site. GEOGRAPHIC LOCATION: The property is located at the southwest comer of the intersection of Colorado Avenue and 4th Street South in Immokalee, in Section 4, Township 47, Range 29, Collier County, Florida. This property consists of 1.55+_ acres. (See illustration on follo-'wing page.) PURPOSE/DESCRIPTION OF PROJECT: The subject property is occupied by a 12,500 square foot structure that most recently housed a social 14R R/ office. service facility, the Florida Department of Health and Rehabilitative Services According to the property owner, this structure was built in 1976. The petitioner prop( the existing structure into a church/house of worship to be used by the Immokalee G:\Current\Deselem\Rezone cases\Church of Nazarene-4th St, RZ-2003-AR-3703\STAFF REPORT.doc Page I of 6 ,,, MAR 2 3 ..L33~U.$ P,~C 'ON m-z4~U.S ~D' 'ON ,~ ,® 'OS 1'~i15 11 t III I~_1~1111111 [T[ITI~ItlI I~lllTIII III 'S J.33~ S MAR 2 3 2Obi, Pg. [/~ Nazarene, which will be relocating fi.om it current 110 S. Second Street location. The existing zoning will not allow the proposed church use, thus this rezoning petition has been submitted. No additional structures have been specifically mentioned as planned at this time, but the owner would not be precluded from constructing additional structures in the future. In fact, the site plan refers to the grassed southerly portion of the site as "possible future development area." Ordinance Number 93-85 rezoned the subject property from "VR" to the current Public "P" zoning district on November 9, 1993 (copy attached). That rezoning was sought to allow a 6,900 square foot building to be constructed to the south of the existing 12,500 square foot. That additional structure was never built. There is a companion request to this petition seeking a variance from the 25-foot minimum frOnt yard setback to allow a 10.1-foot setback for an existing covered sidewalk, and a 20.1-foot setback for the existing building, VA-2003-AR4708. In addition, the petitioner sought and received approval for administrative relief from the parking requirements of the Land Development Code (LDC) pursuant to LDC Section 2.3.9. A copy of the letter granting that approval is attached. SURROUNDING LAND USE AND ZONING: North: Colorado Avenue then VR zoned apartments East: 4th Street South, then mobile homes on half- to one-acre sized tracts, all zoned VR South: a 0.7-acre tract zoned VR, developed with a mobile home and a multi-family structure; then Delaware Avenue West: 5th Street South, an unimproved roadway; then a drainage swale, then mobile homes on platted lots within Pinecrest Subdivision G:\Current\Deselem\Rezone cases\Church of Nazarene-4th St, RZ-2003-AR-3703\STAFF REPORT.doc Page 2 of 6 AGENDA iT~v~ HAR 2 3 GROWTH MANAGEMENT PLAN (GMP) CONSISTENCY: The subject property is designated Urban (Commerce Center Mixed Use District), on the lmmokalee Area Master Plan Furore land Use Map (FLUM) of the GMP. Relevant to this petition, the purpose of this designation is to 'create a major activity center that services the entire Immokalee Urban Designated area and surrounding agricultural area. The Mixed-Use District shall function as an employment center and shall encourage commercial and institutional uses. Uses permitted within this Subdistrict shall include shopping centers, governmental institutions, middle or high schools, community parks and other employment generating uses. The Mixed-Use District permits institutional uses, which includes churches. Based upon the above analysis, Comprehensive Planning staff concludes the proposed uses for the subject site can be deemed consistent with the Immokalee Area Master Plan. ANALYSIS: Environmental: Environmental Review staff evaluated this petition and determined that there are no environmental issues that need to be addressed at the rezoning stage. The Environmental Advisory Council (EAC) did not hear this petition because an Environmental Impact Statement (EIS) was not required. An EIS was not required because the property does not meet the size threshold. Transportation: Transportation Planning staff evaluated this petition and asked the petitioner to remove the existing access from 4th Street South, due to concems about that access point's proximity to the intersection of 4th Street South and Colorado Street. The petitioner made that change to the site plan. Transportation Planning has not included any stipulations to be added to approval of this request. G:\Current~Deselem\Rezone cases\Church of Nazarene-4th St, RZ-2003-AR-3703\STAFF REPORT.doc Page 3 of 6 Utilities: 'Utilities staff reviewed the petition and offered no comments. The petitioner's "Statement of Utility Provisions" indicate water service and sewage disposal will be provided by the Immokalee Water and Sewer District. ' AC, t~A ffF-M~c MAR 2 3 Zoning & Land Development Review: The proposed use of this site as a church should have less impact upon the neighborhood than the previous use as there should be less overall traffic generated, although the traffic may be generated at less opportune times for residential uses that abut the site. The previous office use generated traffic during the weekdays while the proposed use will tend to generate the bulk of its traffic in the evening and on weekend days. However the traffic issue may be ameliorated somewhat because Immokalee enjoys a more pedestrian oriented society. As documented in the petitioner's parking reduction request, 28 percent of the current parishioners walked to church, 13 percent used ride sharing, and 31 percent rode the church bus to services, thus it is important to locate the church in or near the residential area. It is customary for churches to locate near the parishioners that they serve. This is particularly important in Immokalee, as evidenced by GMP Immokalee Area Master Plan Policy II. 1.4, which states: Land uses that meet the residential needs of the Immokalee community (e.g., day care, health care needs, schools, grocery shopping, recreation) shall be designated within a reasonable wa/king distance of those portions of the community which are or will likely become heavily pedestrian in nature. Staff believes this request, as limited by the petitioner to a church/house of worship use only, will be compatible with the neighborhood, and furthermore, the location is consistent with GMP Policy II.1.4. NEIGHBORHOOD INFORMATION MEETING: The petitioner held a Neighborhood Information Meeting on July 14, 2003; no one from the public attended the meeting. STAFF RECOMMENDATION: The proposed rezone is consistent with the applicable provisions of the GMP, including the Immokalee Area Master Plan, and the uses allowable in this rezoning and as further limited by the petitioner will be compatible with surrounding land uses. Therefore, Zoning & Land Development Review staff recommends that the Collier County Planning Commission forward Petition RZ-2003- AR-3703 to the Board of County Commissioners with a recommendation of approval, subject to the following conditions: G:\Current\Deselem\Rezone cases\Church of Nazarene-4th St, RZ-2003-AR-3703\STAFF REPORT.doc Page 4 of 6 The Church/House of Worship for a congregation not to exceed 220 persons is the only use allowed on the entire subject property. Any additional structures must be part of the principal use or limited uses customarily ancillary or accessory to a church/house of worship use. The owner must bring the parking into LDC compliance, to include but not be limited to, the number of spaces; dimensions; provision of wheel stops; and proper aisle width allowances; for any expansion of this use or if any additional structures, either temporary or permanent, are placed on site prior to the issuance of a certificate of occupancy for new structures; and ' AGENDA ITEM The Church/House of Worship use on this property must be in compliance with t~ e sitfiop, lan, F~ MAR 2 3 200 o prepared June 2001, last revised November 2003, and stamped received January 26, 2004; and The reduction in parking shown on the site plan referenced above is approved subject to the conditions set forth below and as further explained in the August 27, 2003, letter to William Hoover from Susan Murray: a) Bus/van transportation must be provided by the church for worship services and any other function that could generate large number of vehicles; and b) All parking for church functions must be contained within the parking lot; parking along the fight-of-way is prohibited; and c) The church must maintain an active program that provides periodic reminders to the congregation to encourage ride sharing; and d) The existing parking spaces must be brougl~t into compliance with code to the maximum extent possible; and The use of this site for a church is contingent upon approval of, and adherence to, the variance approval of VA-2003-AR-4708. This project must be in compliance with all other provisions of the LDC. G:\Current\Deselem\Rezone cases\Church of Nazarene-4th St, RZ-2003-AR-3703\STAFF REPORT.doc Page 5 of 6 MAR 2 3 200q } PREPARED BY: KAY ~t~IzLEM, AICP, PRINCIPAL PLANNER ZONING & LAND DEVELOPMENT REVIEW DEPARTMENT DATE REVIEWED BY: RAY BtI~L~)WS, CHIEF PLANNER ZONING & LAND DEVELOPMENT REVIEW DEPARTMENT DATE ~/gUSAN MURRA~R ZONING & LAND DEVELOPMENT REVIEW DEPARTMENT 2- 3-O DATE APPROVED BY: JO~~STRATOR -~/~A~E CVMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION Tentatively scheduled for the March 23, 2004 Board of County Commissioners Meeting. COLLIER COUNTY PLANNING COMMISSION: RUSSEL A. BUDD, CHAIRMAN Attachments: Copy of Ordinance No. 93-85 Copy of administrative parking reduction approval letter, dated August G:\Current\Deselem\Rezone cases\Church of Nazarene-4th St, RZ-2003-AR-3703\STAFF REPORT.doc Page 6 of 6 7. 2003 AGENDA ITEM MAR 2 3 z~-~ IMMOKALEE CHURCH OF THE NAZARENE REZONE FINDINGS PETITION RZ-2003-AR-3703 Section 2.7.2.5. of the Collier County Land Development Code requires that the report and recommendations of the Planning Commission to the Board of County Commissioners shall show that the Planning Commission has studied and considered the proposed change in relation to the following, where applicable: e e Whether the proposed change will be consistent with the goals, objectives, and policies and Future Land Use Map and the elements of the Growth Management Plan. Staff analysis (see attached Staff Report) indicates that the proposed rezoning is consistent with the goals, objectives, and policies of the Future Land Use Map and the other applicable elements of the Growth Management Plan. The existing land use pattern; The parcel abuts roadways on three sides after which are residential uses. Immediately south is a residential use as well. The surrounding zoning is all VR. According to the Growth Management Plan, the proposed rezone is consistent with the existing land use pattern. The possible creation of an isolated district unrelated to adjacent and nearby districts; The parcel is adjacent to residential uses as noted above, this site is set apart from the surrounding zoning with its "P" zoning designation, so that situation will not change. The proposed zoning district and uses will provide uses th&t will support, i.e., be related to, the uses permitted in the adjacent zoning districts. Whether existing district boundaries are illogically drawn in relation to existing conditions on the property proposed for change. The current district boundaries are logically drawn, since they are consistent with the Growth Management Plan. Whether changed or changing conditions make the passage of the proposed amendment necessary. The petitioner believes a church will be an appropriate use of this developed bi tract of land. The church will be a reasonable re-use of the vacant structure. U site as a church requires a rezoning to a district that allows that use. P~ MAR 2 3 2. e e ge 10. 11. 12. Whether the proposed change will adversely influence living conditions in the neighborhood; The parcel is adjacent to existing residential uses and should provide a service for those residential uses. Therefore, the proposed rezoning should not adversely affect living conditions in the neighborhood. 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. The proposed use will generate less traffic that the previous use, and the pedestrian nature of the Immokalee area should lessen any impacts that increased evening or weekend traffic might pose. In addition, staff has included a condition that requires the church to provide buss service to its congregation. Whether the proposed change will create a drainage problem; Any construction on this site must be in compliance with all requirements the South Florida Water Management District. Drainage problems should not be created when construction is done in accordance with the permit. Whether the proposed change will seriously reduce light and air to adjacent areas; All projects in Collier County are subject to the development standards of the zoning district in which they are located. These development standards are designed, at a minimum to maintain light and air circulation. Whether the proposed change will adversely affect property values in the adjacent area; An appraisal of estimated future property values resulting from a rezone was not required to be submitted. However, this site is adjacent to other residential uses and an adverse effect on property values is not anticipated. Whether the proposed change will be a deterrent to the improvement or development of adjacent property in accordance with existing regulations; The development of adjacent properties in accordance with existing regulations will not be affected. Whether the proposed change will constitute a grant of special privileg individual owner as contrasting with the public welfare; AG~NOA ITEM to aa MAR 2 3 200q REZONE Fit DIN~S PETITION RZ-2003-~ Page 2 of 3 13. 14. 15. 16. 17. The proposed rezoning been found to be in compliance with the Growth Management Plan, therefore, the proposed change will not constitute a grant of special privilege. Whether there are substantial reasons why the property cannot be used in accordance with existing zoning; The property today could be used for use allowed in the "P" zoning district, however the petitioner wishes to use the property as a church, which is not allowed in that zoning district. The Land Development Code permits a landowner to seek a rezoning of land even if the land has possible use options under the current zoning designation. Whether the change suggested is out of scale with the needs of the neighborhood or the County; Since the proposed rezoning complies with the Growth Management Plan, it is not out of scale with the needs of the neighborhood or County. Whether is it impossible to find other adequate sites in the County for the proposed use in districts already permitting such use. There could be many similar parcels in the County. The petitioner wishes to convert the structure on this parcel into a church. 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. While site conditions may restrict the location and square-footage of any additional structures that may be built, they would not render the property unusable. 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 and implemented through the Collier County Adequate Public Facilities Ordinance, as amended. The development approvals that are sought to convert the existing structure into a church will be reviewed for compliance with the Levels of Service required for public facilities in the area. AOE~DA ITEM MAR 2 3 200~ REZONE FINDINGS PETITION RZ-2003-AR-3703 Page 3 of 3 ORDINANCE NO. 93- 85 AR ORDINANCE AMENDING oRDINANCE NUMBER 91-102 THE COI~LIER COUNTY LAND DEVELOPMENT .CODE WHICH ESTABLISHED THE COMPREHENSIVE ZONING. REGUI2%TIONS FOR THE UNINCORPORATED AREA OF 'COLLIER COUNTY, FLORIDA BY AF~ENDING THE OFFICIAL ZONING ATLAS MAP N-u94BER 7904S BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCR/BED PROPERTY LOCATED ON THE SOUTH SIDE OF COLORADO AVENUE IN SECTION 4, TOWNSHIP. 47 SOUTH, RANGE 29 EAST, COLLIER COUNTY, FLORIDA, FROM "VR" VILLAGE RESIDENTIAL AND "VR" WITH CONDITIONAL USE "O" .TO "P" PUBLIC USE FOR EXPANSION 'OF THE IM~oKALEE }{RS OFFICES; PROVIDING FOR STAFF AND PLANNING COMMISSION STIPULATIONS; AND BY PROVIDING AN EFFECTIVE DATE. WHEREAS, WilliamJ. Edixon of Edix0n Engineering, Inc., representing'Salvador Ayala, petitiOned the Board of County Commissioners to qhange the zoning classification of the hereindescribed real property; .... NOW, THEREFORE BE' IT 'ORDAINED BY THE BOARD OF COUNTY COM~4ISSIONERS OF COLLIER COUNTY, FLORIDA: The Zoning. Classification of the herein described real property located in Section 4, Township 47 South, Range 29 East, Collier County, Florida, is changed from "VR" Village Residential and "VR" with Conditional Use "0" to "P" Public Use and the o~ficial Zoning Atlas Map Number 7904S, as described in Ordinance 91-102, the Collier County Land Development Code is hereby amended accordingly: Exhibit "A" be and the same for which the rezone is hereby approved S~bject to the following conditions: Exhibit "B" SECTION TWO: This Ordinance shall become effective upon receipt of notice from the Secretary of State that this ordinance has been filed with the Secretary of State. -1- AGENDA No. MAR 2 3 PASSED AND DULY ADOPTED by. the Board of County Commissioners of Collier county, Florida, this .~)~ day of BOARD OF COUNTY COMMISSIONERS BY: ~F.6-~-~ ( ~ BURT L. SAUNDERS, CHAIRMAN T'rg~ on:gnance filed w;th the and ack~ledgement of that -2- ~.~'. 1813) 353-7577 ~.~-. Land Surveyors 1725 CR 951 Pine Plaza - Unit 105 Naples, Fla. 33999 May 18, 1993 PARCEL TO BE REZONED (INCLUDES 5th. STREET,.SOUTH) GAROLD L ASHLEY, R.L.S. Fax (813) 353-7388 The West 190 feet of 'the North 1/2 of the Southeast 1/4 of the Southeast 1/4 of Section'4, Township 47 South, Range 29 East, Collier County,.Florida, more particularly~describeG by sur~ey as.follows= Beginning at the NorthweSt corner of the Southeast 1/4 of the -Southeast 1/4 of said Section '4; Towns'hip. 47 South, Range 29 East~ Thence along the centerline of Colorado Avenue N89" 26~ 05" East 197.30 feet to the West right-of-way line of 4th. Street South~ thence along sale right-of-way line S00" 58~ 18" East 443.14 feet; thence S89' 32~ 06" West 198.31 feet to the centerline of 5th. Street, South; thence N00" 50~ 26" West 442.79 feet to the Point of Beginning,.'less the right-of-way of. Colorado Avenue. Prepared by Woodward & Ashley Land Surveyors .--~E~HI B I T "A". '.~.':$TATE Or FLOR'rDA ) /:"o." ~:- or cor. LZZ · :..I, D'd~O~T B:. BI~OC~, Cler~ o£ Co~r'te ~n and rot the T~entAeth ~udicAa! C~rcuit, collAer county, Florida, do hereby certify that the foregoing ~a a true copy o£: Ordinance No. 93-85 i'. which was adopted by the Board of County Comn~eeloners on 'tha'gth day of Novenber, 1993, during Regular See~lon. WZTh~$S ny hand and the official ·eal of the Board County Co~n~es~onere of Coll~er County, Florida, this.lSth day of Novenber, 1993. C2ork of courte and Cla_=~,~ ...'"; .... · '~. of','~ ' ' '' '".$' Ex-off~cio to Board :~. '. ,~ County Co=m~a~on' '.~' : ~ - ~ Depu~ Clerk "/" :~ I'~ -. COLLIER COUNTY GOVERNMENT Commnnlty Development and Environmental Services Division' Planning Services Department · 2800 North Horseshoe Drive · Naples, Florida 34104 AugUSt 27, 2003 Mr. William L. Hoover, AICP Hoover Planning and Development Inc. 3785 Airport Road North, Suite B-1 Naples, FL 34105 RE: RZ-2003-AR-3703 - IMMOKALEE CHURCH OF THE NAZARENE Dear Mr. 'Hoover: I received your June 30, 2003 letter seeking a reduction in the parking requirements in conjunction with the. rezoning petition noted above. The proposed change in use contemplated in the rezoning request would allow the existing commercial structure to be converted into a church/house of worship. Enlargement of the structure is not proposed as part of this petition. Modifications will be made to the landscape buffers and parking configuration to bring these items into compliance with the code. You are seeking to use a different parking calculation than the 3 spaces per 7 seats that is required in the LDC of Collier County, asserting that the congregation will be residents of Immokalee and Immokalee residents do not own and use private vehicles at the same ratio per household as the general population of Collier County. According to the site plan dated June 2001, stamped received July 3, 2003, you wish to accommodate more church seating based upon the available 66 parking spaces. There are 66 usable spaces on site; the LDC requires parking to be provided at a ratio of 3 parking spaces per 7 seats, which would allow a maximum of 154 seats. You seek to provide parking at a ratio of 3 parking spaces per 10 seats, allowing a total of 220 seats. The application asserts the following in support of your request: 1) The parking currently provided on site has functioned without complaint or problems when the building was'occupied; and 2) Parking requirements in the Collier County Land Development Code are based upon "the greater Naples metropolitan areas and were based on similar coastal communities in Florida", which requirements are not similar to "internal farming communities where the standard of living is lower." The income level and cultural habits of the parishioners and the Immokalee community's travel habits are not reflected parking requirements for this church. In support of your contention, you conduc parking' letter.doc Page 1 of 2 Phone (239) 403-2400 Fax (239) 643-6968 Letter to William L Hoover, AICP RE: Parking reduction for Rz-2003-AR-3703- II~MOKALKEE CHURCH OF THE NAZARENE August 27, 2003 informal survey of the current church population on June 22, 2003, the results of which indicate that only 28 percent of the parishioners drove private vehicles, while 28 percent walked, 13 percent rode with someone else, and 31 percent rode the church bus. Extrapolating the travel habits of the existing congregation, you concluded that the survey of the existing congregation reflects the travel habits of the general population of Immokalee, and therefore the future [expanded] congregation of this ~church, thus supporting your contention that a reduction in parking is appropriate. Pursuant to the information contained in your letter and a review of the issues, a declsion per LDC {}2.3.9 for the parking for this project has been rendered. It is the decision of the current planning manager that the petitioner may provide the lesser number of parking spaces as requested, i.e., provide parking spaces at a ratio of 3 parking spaces for 10 seats rather than the required 3 parking spaces for 7 seats, subject to the following conditions: 1. Bus/van transportation must be provided by the church for worship services and any other function that could generate large number of vehicles; and 2. All parking for church functions must be contained within the parking lot; parking along the right-of-way is prohibited; and 3. The church must maintain an active program that provides periodic reminders to the congregation to encourage ride sharing; and 4. The existing parking spaces must be brought into compliance with code to the' maximum extent possible. This approval is subject to approval of the rezoning, and the projecfs compliance with all LDC and ADA parking requirements. Sincerely, Susan Murray, AICP Current Planning Manager Attachments: Applicant's June 30, 2003 letter and attachments CC: RZ-2003-AR-3703 file Kay Deselem, Principal Planner parking letter, doc Page 2 of 2 AGENDA ITEM MAR 2 3 200~ Pc. . HOOVER PLANNING & DEVELOPMENT NC. Rezoning~}~' PUDs, .Conditional Uses, Variances, Plan Amendments, Traffic, Parking, & Land Us* Studies, Site Planning & Subdivisions June 30, 2003 Ms. Kay Deselem, AIcP Collier County Current Planning 2800 N. Horseshoe Drive Naples, FL 34104 RE-SUBMITTAL RZ-2003-AR-3703 PROJECT #2002020057 DATE: 7/3/03 KAY DESELEM Request for Parking Reduction for the Immokalee Church of the Nazarene Dear Ms. Deselem: The Immokalee Church of the Nazarene has the property located at the southwest comer of Colorado Avenue and 4th Street South in lmmokalee under purchase contract. The site is 1.55 acres and an existing 12,500 commercial building is located there. The Immokalee Church' of the Nazarene, is currently located several blocks to the northeast at 110 S. Second Street in lrnm°kalee and requests a reduction in parking based on the following The parking requirements in the LDC were computed for the greater Naples metropolitan area and were based on similar coastal communities in Florida. However, Immokalee is more similar to other internal fanning communities, where the standard of living is lower. The Immokalee Church of the Nazarene is primarily comprised of Haitian.% who are farm workers or employed by the service industry and many of the parishioners do not own a vehicle. Many of the parishioners live within walking distance of the church. Numerous others live at Farm Workers Village, which makes it convenient for providing bus service. Attached is a p .arking study performed by the church for the 10:00 A.M. church service on June 22, 2003. The parking study shows 90 adult parishioners were in attendance for the church service. Twenty-five of the parishioners or 28% drove a vehicle to church, another 25 parishioners or 28% walked to church, 12 or 13% of the parishioners rode in another parishioner's private vehicle, and 28 or 31% of the parishioners rode the church bus. Based on this information the Immokalee Church of the Nazarene reqUests a parking reduction fi'om 3 spaces per 7 seats in the sanctuary to 3 spaces per 10 seats in the sanctuary. If you have any questions regarding this request feel welcome to contact us. Sincerely, HOOVER PLANNING & DEV., INC. Bill Hoover, AICP HP File//331Parkingl.ltr AGE~A I~-EJ~ .... ~ MAR2320Oq : 3785Airport Road North, Suite B-I, Naples, Florida 34105-4518 ° Phone: 239-403-8899 ° Fax: 239.403-9009 AGENOA P~. SITE PLAN ~. -' [ ENLARGED VERSION ~,~ -~ KEY MAP CLIENT: REV. DATE: DESCRIPTION IMMO~LEE CHURCH OF THE N~ARENE ~ u/o~ ~ C~L]~ m~ c~ms 110 SOUTH 2ND STREET 215~ADE 1 LEGAL ZONING, CURRENT ~ · V'R[O ~ 'IHP~t3VE]) ADJ~.,ENT Z~NI]dG (VT:ST) · ~0 ~ ~ ~T~ ~ ~RJO ~ Z~ ~T) ~ ~0 D£SCRIP TION THE WEST 190 FEET OF THE NORTH 1/2 DF' THE SOUTHEAST I/4 OF THE SOUTHEAST 1/4 OF ~ECTION 4, TOWNSHIP 47 SOUTH, RANGE 29 LAS' COLLIER COUNTY, FLORIDA, MORE PARTICULARLY DE$CRIDED BY SURVEY AS FOLLOWS. BEGINNING AT THE NORTHWEST CORNER DF THE SOUTHEAST 1/4 DF THE SOUTHEAST 1/4 OF SAID SECTION 4, TOWNSHIP 47 SDUTH, RANGE 29 EAST, THENCE ALONG THE CENTERt. INE OF COLORADO AVENUE N89°26'05° EAST 197.30 FEET TO THE WEST RIGHT-DF-WAy LINE OF 4TH. STREET, SDUTHj THENCE ALONG SAID RIGHT-OF-WAY LINE S00'58'18' EAST 443.14 FEETj THENCE SB9'32'06' WEST 198.31 FEET TO THE CENTERLINE OF 5TH. STREET, SOUTHj THENCE N00'50,26· WEST 442.79 FEET TO THE POINT DF 2EGINNING, LESS THE RIGHT-OF-WAY OF COLORADO AVENUE. EXISTING SITE BREAKDOWN: Existing Building Area = 0.29 Acres Existing Water Management Area = 0.06 Acres Existing Impervious Area = 0.56 Acres Existino Green ~'~{I = 0,68 Acres Total Site Area = 1.59 Acres ~ ~Jl b PARKING REQUIREMENTS: I / SITE I ~ a .................. I ~ 220/10 X 3 = 66 SPACES REC RED ~ I ~UU/H YUK/IUN ! I (WITH APPROVAL OF PARKING REDUCTION ' ~ PARKING PROVIDED WITH CHANGES = 67 SF cE~ ~HF~ C~ER WAY, SUITE 3 NAPLES, FLORIDA 34109 [ ....... oewr ....... i (941) 597-3916 F~ (941) 597-5195 ......... DEW ~: ~'-20 ~:, ----.~ ~ -o ~' Io /'9,,,-t Immokalee Church of the Nazarene Phone: ( ) Transportation: Church Bus 1--] Own I--I Friend [-1 Walk[~] Phone: ( ) Transportation: Church Bus [--] Own [] Friend [~] Walk[--'] Address: Phone: TransPortation: Church Bus [] Own ~] Friend [---] Walk[-'] .ddress: / Phone: ( Tr~spo~ation: Church Own ~ Friend [-] Walk[-] Address: il Phone: ( Tr~spoaation: Church Address: Phone: ( ) Transportation: Church Bus Own ["'] Friend ["'] Walk~] Address:<~-o- ~~:.. ~ Phone: ( Transportation: Church Bus ['-] Own [] Friend [-"] Walk[--[ Address: Transportation: church Bus [~ Own [-1 Friend [] Walk[--] Address: jr ~[ 5 ~ C/~. C.o c/L ~ Phone: ( ) Transportation: Church Bus [~] Own [5~] Friend [--i Walk['-] Address: Phone: ( ) Transportation: Church Bus [-'] Own ['--1 Frien~ AGENOA rlEm Immokalee Church of the Nazarene Address: Phone: ( ) '. Transportation: Church BUs [-] Own I-"] Friend ~ Walk[-] Address"j~O -~"c~ ~ t'~ Phone: Transportation: Church Bus ['"] Own [~] Friend I-'] Walk[-'] Name: Address: .Soo Phone: (2~g~) Tr~spo~ation: Church ~u~ Name: Address: ~1~ ~ Phone: ('-2~::)) Transportation: Church Bus [-] Own [] Friend [-1 Walk["-] Address: it t9 2.... ~.,Ci~Oc/~ ~ ~__.,m,,.~/ '~-.~O/~r2' Phone: (2..5~/') ~,ro'~ 02_ o~ Transportation: Church Bus 1-10w~ IZI Friend ~ Walkr-] Nme: Address: Phone: ( ) Transportation: Church Bus ['-I Own [-'-] Friend [--I Walk[~ Address: Phone: ( ) Transportation: Church Bus ['-] Own [~ Friend [-'] W~lk[~ Phone: ( ) Transportation: Church Bu~ 1-1 own Z] Friend U] Walk~ Address: ,.b'"~ C ~a fi_.. 140 u.~ vx 7~ ~O-¢ Phone: (~:~57) ~-g 9'2. '?/ Transportation: Church Bus I-'] Own F-] Friend F-] Walk[~ Address: I lO~o -~ t c.~C. oo ~'_ ~- Phone: (Z3q) O~)-6qoO Transportation: Church Bus ['-] Own [~] Friend Immokalee Church of the Nazarene Address: Phone: Transportation: Church Bus [-I Own I-'-] Friend [] Walk[-] .J Transporta~?~n: Church Bus~] Own ~] Friend [-] Walk[-] Address: "~ -'-~ Phone: Transportation: Church Bus [~ Own [--] Friend [~] Walk[-'] Name: ~ Address: Phone: Transportation: Church Bus [--] Own r-] Friend [-~ Walk[--] Name: ~ Address: Phone: ( ) Transportation: Church Bus ~] Own [-] Friend F-] Walk[-] Name: Address: '~ ~'g Phone: ( ) Transportation: Church Bus [~] Own [-[ Friend I-'] Walk[--1 Phone: ( ) Transportation: Church Bus r~ c)x~ [--] Friend [-~ WalkF'] Phone: ( ) Transportation: Church Bus~ Own [--1 Friend [-] Walk[~] Phone: ( ) Address: Phone: ( ) Transportation: Church Bus [] Own Transportation: Church Bus [~ Own O Friend I-~ Walk["-] ..,~, ._"~". ~ . ,/d_L MA~, 2 3 Friend Immokalee Church of the Nazarene Phone: (23'/)~'~2-?oO'2. Phone: Friend [-] Walk[-] Transportation: Church Bus [--] Own [] N~e: Address: '[ i 0 '~' Phone: Transportation: Church Bus [--] Own [-] Friend ~] Walk[--] Own [~ Friend r"] Walk[-] Name: '2-,-~-Z-a-. Address: tO_~ Phone: ( ) Transportation: Church Bus ['-] Address: ,.~0 '? ~.~/~' Phone: Transportation: Church Bus r-] Own [-'] Friend [-] Walk[~ Name: Own [~ Address: ,..%'"'6'2 Phone: (9..~f) Transportation: Church Bus [-] Transportation: Church Bus [~ Own I-"] Friend [--I Walkr-] Address: i¢>% Phone: ( ) Transportation: Church Bus F-'] Own ]~ Friend [-'-] Walkr'-] Address: ~ ~.-~ .. Phone: ( ) Transportation: Church ~us ~ 'Ow~ E] Friend V1 w~lk[2 Address: ~'~C> Tr~spomtion: Ch~ch Bus ~ Om ~ Friend ~ Walk~ Nme: ~t Phone: ( ) Friend [-] Walk[-~ Transportation: Church Bus ~ "~ / 7~.~ MAR 2 3 23C~ Immokalee Church of the Nazarene Transportation: Church BUs [-] Own [-] Friend [-[ Walk[~ Phone: Transportation: Church Bus ~-] Own I-] Friend [-] Walk[~ Address: Phone: Name: ¢¢IC0 v~ I Phone: ( ) Transportation: Church Bus [--] ^daress: t ?O'? Phone: ( Transportation: Church Bus ['-I Own [] Friend [-'] Wa~lk[-'] Phone: ( ) Transportation: Church Bus ¢ Own F-] Friend F-] Walk[-] Name: ~ Address: Phone: Transportation: Church Bus [-'] Own [] Friend [-] Walk[--[ Name: Address: Friend F-] Walk[-I Phone: ( ) Transportation: Church Bus [--] Own [~ Own [~ Friend [--] Walk['-[ . Address: Phone: ( Transportation: Church Bus [] Friend [] Walk[-[ ~.ddress: 1~02~ ' 'C?'*/~ /-~ i~ Phone! ( ) Transportation: Church Bus [-"[ Own [-'] Transportation: Church Bus [~ Own [~] Friend ['-] Walk[~] Immokalee Church of the Nazarene. Phone: (,,~-3~) ~2~'? 2-6 ~ Phone: ( ) Transportation: Transportation: Church Bus 1--] Own [~ Friend r-] Walk[-] Church Bus [--[ Own E Friend I--] Walk[-'] Address: ~ / .~x_. i~)/Q ~' ~/~ bu2,t/c,~ o~O~ Address.~q. t4'7 * Phone: (&,L~2/) ~ Phone:- (2g?) Transportation: Transportation: Churoh Bus E] Own ~ Friend E] wmZ] Ch~roh Bus Gl own Z] Friend E] WalkZ] Address: '706 0Ct/g"~-,4 ~¢O/ Address: 9:37 .'hone: ( ) Phone: (~3q)t~d' 7-'7oo'2- Transportation: Transportation: Churoh Bus C] Own E] F~iend I--1 Wak[g Church Bus ~ O,,,n Z] Friend 123 WakC] Phone: (7~37) ~ ~ '? ~O c~,-7 Phone: ( ) Transportation: Transportation: Church Bus [-1 Own [~ Friend F1 wal~Fl Church Bus F10,~a F1 Friend r-1 Walk[~ Phone: ( ) Phone: ( ) l'ransportation: Transportation: Church Bus FI Own [-] Friend [-'] Walk~] Church Bus [--1 Own [--] Friend __] Immokalee Church of the Nazarene Phone: ( ) Transportation: Church Bus Own [-] Friend 0 WalkO Address: b"2/-Z d~',g. Phone: ('7~q) Transportation: Church Bus Address: J ITCj Phone: (.q~q) Transportation: Church Bus J'-] Address: J'O/~- ]~ffC~P /..-vl Phone: (7...~'~) ~...C-'7- 7(:,6<Z Transportation: Church Bus Own[-] Friend'[l~] Walk[-'] Phone: (¢3 '~ ) ~_C~.bf-g 5 Transportation: Church ~u~ O O~ O Friend ~ W~lkO N21Tie: (2;4) (vC7 Transportation: Church }~us [] Own f-] Friend i--1 WalkF-1 Address: q Z~.>/f'hq54fl {~uc~' '~?,-L~h O~ Phone: ('2-~q) ~l"'~ /2. b 2~/ Transportation: Church Bus [~ Own [-1 Friend O Walk[-I Own FI Friend 0 Walk[~ Own ~] Friend 0 Walk['"-] Own 0 Friend 0 Walk[~ Phone: (::Z,,5) ~-7'-- '-:~ ? "'(? Transportation: Church Bus ~ Own [--] Friend ~'~, '" "" AGF. NDA ITEIV MAR 2 ~ ~O Walk~ Pg. Transportation: Church Bus Phone: Name: ~~7--~/r~ t~A ~, Address: ~-a-a Caa//~ ~&~_o/ Phone: (2-5'~) ~ ? q ~ 7/ Transportation: Church Bus Fl Own [-I Friend [~] Wall~ Immokalee Church of the Nazarene Phone: (;x~,'t)¢¢~"~ e~7[ Phone: (~3q) 65--7 70 Transportation: Transportation: Church Bus [] Own ['-] Friend FI WalkF'] Church Bus [~ Own E] Friend E] WalkF'] u-~t,'vr-e4 V¢ Phone: (2g~)64-)- ~o68' Phone: ~(p~,~ )6d"'")-- 2-.6%0 Transportation: Transportation: Phone: (:Z3q)bT? ¢-62d Phone: ( ) Transportation: TranSportation: Church Bus F'] Own [1~] Friend r-] WalkF-] Church Bus [~ Own F-] Friend E] WalkE] Phone: (-~?,q) ~o..k""~ Q2,9.~ff" Phone:( ) Transportation: Transportation: Church Bus [---] Own [] Friend r'] Walk[-] Church Bus [] Own F'] Friend [--I Walk[--] Address: q~,// moo La '~r~ u.,'l. Phone: ( ) Phone: (Z ;q ) 6 ['-9 .- :L6 q 0 [~A~A Transportation: Transportation: _ Church Bus [~ Own F-] Friend E] WalkE] Church Bus E] own E] Friend[ Walk~] MAR 2 3 Immokalee Church of the Nazarene Address: Phone: Transportation: Church Bus ['-] ~v,,,~'~.'~( '5 q'lq2~ Phone: ( ) TranSportation: ~ Walk["] Church Bus'[-] Own [~] Friend Phone: ( ) Friend [-'] Walk[-] Transportation: Church Bus ~ Own [] ?hone: ( ) Friend [--1 Walk[-] Transportation: Church Bus [-"] Own [~] Transportation: Church Bus [--1 Own [-] Friend ['-] WalkD~ Transportation: Church Bus ['-1 Own ['-] Friend [~l Walk[~ Phone: ( ) Transportation: Church Bus [-~ Own [-'-I Friend [---I W~lk~ Address: 'L~O? ~ ~z~fd Phone: ( ) Transportation: Church Bus [-] Own [-] Friend [-[ Walk[~ Address: Phone: Transportation: Church Bus [-1 Own [--[ Friend [-] Walk~ Address: Phone: Transportation: Church Bus ~'J Own [--[ Friend AGENDA ITEh~- ~ /'7_~ O INA CE AN ORDINANCE AMENDING ORDINANCE NUMBER 91-102, AS AMENDED, TI-IE COLLIER COUNTY LAND DEVELOPMENT CODE TO AMEND OFFICIAL ZONING ATLAS MAP NUMBERED 7904S BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED SUBJECT PROPERTY LOCATED AT THE SOUTHWEST CORNER OF COLORADO AVENUE AND 4TH STREET SOUTH IN SECTION 4,. TOWNSHIP 47 'SOUTH, RANGE 29 EAST, COLLIER COUNTY, FLORIDA, FROM THE "P" PUBLIC USE ZONING DISTRICT TO THE "CF" COMA4/3NITY FACILITY ZONING DISTRICT. TO ALLOW A CHURCH AND HOUSE OF WORSHIP AND ACCESSORY USES TO THOSE USES ONLY; PROVIDING FOR STIPULATIONS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, William L. Hoover, AICP, of Hoover Planning and Development, representing Immokalee Church of the Nazarene, in petition number RZ-2003-AR-3703, 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, FLOR/DA, THAT: sEcTIoN ONE: The zoning classification of the real property as more particularly described by Exhibit "A," attached hereto and incorporated by reference herein, and located in Section 4, Township 47 South, Range 29 East, Collier CoUnty, . Florida, is changed fi.om "P" Public Use, to "CF" Community Facility to allow a church and house of worship and accessory uses to those uses only, and the Official Zoning Atlas Map numbered 7904S, as described in Ordinance 91-102, the Collier CoUnty Land Development Code is hereby amended accordingly, including stipulations as set forth in Extfibit "B," attached hereto and incorporated by reference herein. The herein described real property is the same'for which the rezone is hereby approved. Page 1 of 2 2 3 200 SECTION TWO; This Ordinance shall become effective upon filing with the Department of State. PASSED AND DULY ADOPTED by the Board of C°un~y Commissioners of Collier County, Florida, this day of ., 2004. ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER 'COUNTY, FLORIDA Deputy Clerk BY: DONNA FIALA, CHAIRMAN APPROVED AS TO FORM AND LEGAL SUFFICIENCY Assistant County Attorney ExhFoit A: Legal Description Exhibit B: Stipulations Page 2 of 2 MAR 2 3 200~ !FGAL DFSCRIPTiON THE WEST 190 .FEET OF THE NORTH' 1/2 OF THE "SOUTHEAST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 4, · 'TOWNSHIP 47 SOUTH, RANGE 29 EAST COLLIER · COUNTY,~ FLORIDA', MORE PARTICULARL sUR VEY:AS FOLL 0 WS: Y DESCRIBED B Y BEGINNING A T THE NORTHWEST CORNER OF THE SOUTHEAST 1/4 OF THE SOUTHEAST 1/40FSAID SECTION 4,- TOWNSHIP 47 SOUTH, RANGE 29 EAST, THENCE AL ONG THE CENTERLINE OF COLORADO A VENUE N89°26'05'' EAST 197.30 FEET TO THE WEST RiGHT-OF-WA Y LINE OF 4TH. STREE~ SOUTH; THENCE AL ONG' SAID RIGHT-OF-WA Y LINE S00°58'18'' EAST 443. 14 FEET; THENCE S89°32'06'' WES T'198.31 FEET TO THE CENTERLiNE OF 5TH. STREET, SOUTH; THENCE N00°50'26'' WEST 442.79 FEET TO THE. POINT OF BEGINNING, .LESS THE RIGHT-OF-WA Y OF COLORADO A VENUE, Immokalee ChurCh of the Na; RZ-2003-AF E) arena_~ 37.,~.~^ ~j MAR 2 3 IMMOKALEE CHURCH OF THE NAZARENE REZONE The Church/House of Worship for a congregation not to exceed 220 persons is the only use allowed on the entire subject property. Any additional structures must be part of the principal use or limited uses customarily ancillary or accessory to a church/house of worship use. The owner must bring the parking into LDC compliance, to include but not be limited to, the number of spaces; dimensions; provision of.wheel stops; and proper aisle width allowances; for any expansion of this use or if any,. additional stmctures, either temporary or permanent, are placed on site prior to the issuance of a certificate of occupancy for new structures; and The Church/House of Worship use on this property must be in compliance with the site plan, prepared June 2001, last revised November 2003, and stamped received January 26, 2004; and The reduction in parking shown on the site plan referenced above is approved subject to the conditions set forth below and as further explained in the August 27, 2003, letter to William Hoover from Susan Murray: a) Bus/van transportation must be provided by the church for worship services and any other function that could generate large number of vehicles; and b) All parking for church functions must be contained within the parking lot; parking along the right-of-way is prohibited; and c) The church must maintain an active program that provides periodic reminders to the congregation to encourage ride sharing; and d) The existing parking spaces must be brought into compliance with code to the maximum extent possible; and The use of this site for a church is contingent upon approval of, and adherence to, the variance approval of VA-2003-AR-4708. This project must be in compliance with all other provisions of the LDC. REVISED: February 3, 2004 MAR2320gq h Conditionso-b~r~[a I-~ Exhibit B RZ-2003-AR-3703 Petition No.: Commission District: APPLICATION FOR PUBLIC HEARING FOR: STANDARD REZONE RE-SUBMITTAL Date Petition Received: RZ-2003-AR,3703 - PROJECT #2002020057 Planner Assigned: ~ DATE: 7/3/03 KAY DESELEM ABOVE TO BE COMPLETED BY STAFF General Information: Name of Applicant(s) Immokalee Church of the Nazarene Applicant's Mailing Address 110 S. Second Street City lmmokalee State Florida Zip 34142 Applicant's E-Mail Address: None Applicant's Telephone # 239-657-6650 Name of Agent William L. Hoover, AICP Agent's Mailing Address 3785 Airport Road North, Suite B-I State Florida City Na____ples Agent's Telephone # 239-403-8899 Agent's E-Mail Address: bil_b_ill~hooverplanning.com Fax # Firm Hoover Planning .and Development, Inc. Fax #239-403-9009 COLLIER COUNTY COMMUNITY DEVELOPMENT PLANNING SERVICES/CURRENT PLANNING 2800 HORSESHOE DRIVE-NAPLES, FL 34104 APPLICATION FOR PUBLIC HEARINg FOR STANDA~ Zip ~4105 MARZ3200~ ' Complete the following for all Association(s) affiliated with this petition. (Provide additional sheets if necessary) Name of Homeowner Association: N.A. Mailing Address City State ~ Zip. Name of Homeowner Association: Mailing Address- N,A. City State Zip. Name of Homeowner Association: Mailing Address City State Zip Name of Master Association: N.A. Mailing Address City State .... Zip Name of Civic Association: N.A. Mailing Address City State ~ Zip 2. Disclosure of Interest information: If the property is owned fee simple by an INDIVIDUAL, tenancy by the entirety, tenancy in common, or joint tenancy, list all parties with art ownership interest as well as the percentage of such interest. (Use additional sheets if necessary). Name and Address Virginia Ayala 418 Miramar Road Lakeland, FL 33803-2636 Percentage of Ownership 1 O0 Percent APPLICATION FOR PUBLIC HEARING FOR STANDARD REZONE - 02/2002 bo If the property is owned by a CORPORATION, list the officers and stockholders and the percentage of stock owned by each. Name and Address, and Office Percentage of Stock If the property is in the name of a TRUSTEE, list the beneficiaries of the trust with the percentage of interest. Percentage of Interest Na~e and Address N.A. do If the property is in the name of a GENERAL or LIMITED PARTNERSHIP, list the name of the general and/or limited partners. Percentage of Ownership Name and Address N.A. If there is a CONTRACT FOR PURCHASE, with an individual or individuals, a Corporation, Trustee, or a Partnership, list the names of the contract purchasers below, including the officers, stockholders, beneficiaries, or partners. Percentage of Ownership Name. and Address lmmokalee Church of the Nazarene Non-Profit Corporation Rev. Jean Casnei Paul 110 S. Second Street lmmokalee, FL 34 ! 42 Date of Contract: Deccmben 100 Percent A._PPLICATION FOR PUBLIC HEARING FOR STANDARD REZONE - 02/2002 If any contingency clause or contract terms involve additional parties, list all individuals or officers, if a corporation, parmership, or trust. Name and Address ho g. Date subject property, acquired F"-] leased F--] Term of lease yrs./mos. If, PetitiOner has option to buy, indicate date of option: and date option terminates: ,or anticipated closing date Should any changes of ownership or changes in contracts for purchase occur subsequent t° the date of application, but prior to the date of the final public hearing, it is the responsibility of the applicant, or agent on his behalf, t° submit a supplemental disclosure of interest form. Detailed le al desCri tion of the rD er covered b the a lication: ,(If space is inadequate, attach on separate page.) If request involves change to more than one zoning district, include separate legal description for property involved in each district. Applicant shall submit four (4) copies of a recent survey (completed within the last six months, maximum 1 "to 400' scale) if required to do so at the pre-application meeting. NOTE: The applicant is responsible for supplying the correct legal description. If' questions arise concerning the legal description, an engineer's certification or scaled survey may be required. Section: 4 Township: 47 South Range: 29 East Lot: Block: Subdivision: Plat Book 2077 Page # 1646 Property I.D.#: North Pamel: 00126240003 South Parcel: 00124800005 Metes & Bounds Description: See attached sheet entitled "Legal Description". 4 5. Size of property: 165 ft. X 410 ft. : Total Sq. Ft. 67,650 Acres 1.55 Address/general location of subject oropertlz: 2 parcels located at the southwest comer of the intersection between Colorado Avenue and 4th Street South in lmmokalee, Florida._ 6. Adiacent zoning and land use: APPLICATION FOR PUBLIC HEARING FOR STANDARD REZONE- ozaoo: Zoning Land use lq VR S RMF-16 & VR E VR W VR Multi-family Apartments & Single Family Residential Mobile Homes Mobile Homes & Single. Family Residential Does the owner of the subject property own property contiguous to the subject property? I£so, gi3~e complete legal description of entire cOntiguous property. (If space is inadequate,, attach on separate page). Township: Section: _ Range: Block: _ Lot: Subdivision: Plat Book_ Page #- ~ Property I.D.#:_ Metes & Bounds Description: ~Rezone Request: This application is requesting a rezone from the "P" Public Use zoning district (s)~to the "CF" Community Fa_cilia_____ zoning district(s). Present Use of the Property: Vacant former H.R.S. building and adjacent vacant lot to the south. Proposed Use (or range of uses) of the property: Church or House of Worship. Evaluation Criteria: Pursuant to Section 2.7.2.5. of the Collier County Land D--evelopment Code, staff' s analysis and recommendation to the Planning Commission, and the Planning Commission's recommendation to the Board of County Commissioners shall be based upon consideration of the applicable criteria noted below. Provide a narrative statement describing the rezone request with specific reference to the crit~er, i~ noted below. Include any backup materials and documentation in support of tho~0~a~atr.~ Standard Rezone Considerations (LDC S~ APPLICATION FOR PUBLIC HEARING FOR STANDARD REZONE - 02/2002 MAR 2 3 20C, For #1-18, See attached "Exhibit A- Rezoning Evaluation Criteria" 1. Whether the proposed change will be consistent with the goals, objectives, and policies and future land use map and the elements of the growth, management plar~ 2. The existing land use patterr~ 3. The possible creation, of an isolated district unrelated to adjacent and nearby districts. Whether existing district boundaries are illogically drawn in relation to existing conditions on the property for the proposed change. Whether changed or changing conditions make the passage of the proposed amendment (rezone) necessary. Wheth"er the proposed change will adversely influence living conditions in the neighborhood. 7. 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. 8. Whether the proposed change will create a drainage problem. 9. Whether the proposed change -will seriously reduce light and air to acO'acent areas. I O. Whether the proposed change will seriously affect property values in the adjacent area. I 1. Whether the proposed change will be a deterrent to the improvement or development of adjacent property in accordance with existing regulations. 12. Whether the proposed change will constitute a grant of special privilege to an individual owner as contrasted with the public welfare. Whether there are substantial reasons why the property cannot be used in accordance with existing zoning. 14. Whether the change suggested is out of scale with the needs of the neighborhOod or the county. 15. Whether it is impossible to find other adequate sites in the county for the proposed use in, districts already permitting such use. 16. The physical characteristics of the property and the degree of site al~ ~rauu~.4g~~ would be required to make the property usable for any of the range ~potl~tial uses [. under the proposed zoning classification. 13. APPLICATION FOR PUBLIC HEARING FOR STANDARD REZONE - 02/2002 10. 11. 17. The impact of development on the availability of adequate public facilities and · t with the levels of service adopted in the Collier County growth services conststen . , ~. , _, .._J .... t hroueh the Collier County management plan ancl as aejmea ana m,l.,,~, ...... ed t °II], as amendec~ Adequate Public Facilities Ordinance [Code ch. 106, art. 18. Such other factors, standards, or criteria that the board of county commissioners shall deem important in the protection of the public health, safely, and welfare. Deed Restrictions: The County is legally precluded from enforcing deed restrictions, however, many communities have adopted such restrictions. You may wish to contact the civic or property owners association in the area for which this use is being requested in order to ascertain whether or not the request is affected by existing deed restrictions. p~-evious land use etitions on the sub'ect roe : To your knowledge, has a public hearing been held on this property within the last year? .if so, what was the nature of that hearing? No. Additional Submittal requirements:in addition to this completed application, the following shall be submitted in order for your application to be deemed suftieient~ unless otherwise waived during the pre-application meeting. a. A copy of the pre-application meeting notes; b. I2f4t,,his rezone is being requested for a specific use, provide fifteen (15) copies of a x 36" conceptual site plan (16 copies if for affordable housing) [and one reduced 8 1/2" x 11 copy of site plan], drawn to a maximum scale of 1 inch equals 400 feet, depicting the following [Additional copies of the plan may be requested upon completion of staff evaluation for distribution to the Board and various advisory boards such as the Environmental Advisory Board (EAB), or CCPC]; --all existing and proposed structures and the dimensions thereof, _-provisions for existing and/or proposed ingress and egress (including pedestrian ingress and egress to the site and the structure(s) on site), all existing and/or proposed parking and loading areas [include matrix indicating --required and provided parking and loading, including required parking for the disabled], --required yards, open space and preserve areas, --proposed locations for utilities (as well as location of existing utility services to the site), --proposed and/or existing landscaping and buffering as may be required by the County, c. An architectural rendering of any proposed structures. d. An Environmental Impact Statement (ELS), as requked by Section 3.8. Development Code (LDC), or a request for waiver if appropriate. App..._~LICATION FOR PUBLIC HEARING FOR STANDARD REZONE - 02/2002 e. Whether or not an ElS is required, two copies of a recent aerial photograph, (taken within the previous twelve months), minimum scale of one inch equals 400 feet, shall be submitted. Said aerial shall identify plant and/or wildlife habitats and their boundaries, Such identification shall be consistent with Florida Department of Transportation Land Use Cover and Forms Classification System. Additionally, a calculation of the acreage (or square feet) of native vegetation on site, by area, and a calculation and location(s) of the required portion of native vegetation to be preserved (per LDC Section 3.9.5.5.4.). f. Statement of utility provisions (with all required attachments and sketches); g. A Traffic Impact Statement (TIS), unless waived at the pre-application meeting; h. A historical and archeological survey or waiver application if property is located within an area of historical or archaeological probability (as identified at pre- application meeting); i. Any additional requirements as may be applicable to specific conditional uses and identified during the pre-application meeting, including but not limited to any required state or federal permits. APPLICATION FOR PUBLIC HEARING FOR STANDARD REZONE - 02/2002 AGENDA ITE~ -~. MAR23 200 RE: NOTARIZED AUTHORIZATION LETTER/LET'I'ER OF UNIFIED CONTROL Proposed Approximate 1.55-Acre Immokalee Church of the Nazarene Rezoning, Located at 401 Colorado Avenue, Immokalee, Flodda To Whom It May Concern: Please be advised that Davidson Engineering, Inc., 2154 Trade Center Way, Suite 3, Naples, Florida 34109; and Hoover Planning & Dev., Inc., 3785 Airport Road North, Suite B-l, Naples, Florida 34105; have been authorized by Immokalee. Church of the Nazarene, the contracted purchaser of the subject property, shown below to act as authorized agents and to request necessary applications during the Rezoning and Site Development Plan processes for the subject project. The purchase contract allows the subject properties to be rezoned bY the applicant. Sincerely, ~-Jean'-~asneI-Paul STATE OF FLORIDA COUNTY OF COLLIER Th,~o, regoing instrument was a(;Id)owl, edged .,~before j_~d,~./.,)~.f(/) ,2003 by ~/~,-/7~ .Jc~d~'~'f2 w~o is/a~:e person/ally known to me or h~ve proa ~~ Pub~ ~ ~ ~nnted Name ' ' My Commission ~pires: I~~ /~ ~ Y SEAL RZ-2003-A-R-3703 PROJECT #2002020057 DATE: 2/18/03 KAY DESELEM MAR 2 3 2~,.,~, STANDARD REZONE APPLICATION SUBMITTAL CHECKLIST THIS COMPLETED CHECKLIST IS TO BE SUBMITTED WITH APPLICATION PACKET! REQUIREMENTS # OF NOT COPIES REQUIRED REQUIRED 1. Completed Application 15' 2. Copy of Deed(s) and list identifying Owner(s) and all 2' Partners if a Corporation . 3. Completed Owner/Agent Affidavit, Notarized 2* 4. Pre-application notes/minutes 15' 5. Conceptual Site Plans 15' 6. Environmental Impact Statement - (ELS) 4 7. Aerial Photograph (with habitat areas identified) 5' .5- 8. Completed Utility Provisions Statement (with required 4 attachments and sketches) 9. Traffic Impact Statement - (TIS) ~,t,'~,~e v- 4 10. Historical & Archaeological Survey or Waiver 4 Application F,r'. ~e /o.,,o e a/ .r .' /o.) v/' 11. Copies of State and/or Federal Permits 4 g" 12. Architectural Rendering of Proposed Structure(s)~x,2r~) 4 13. Application Fee, Data Conversion Fee, Check shall be "' _ made payable to Collier County Board of Commissioners 14. PUBLIC PARTICIPATION MEETING: APPLICATION SUBMITTAL: Copy of Affidavit attesting that all property owners, civic associations & property owner associations were notified. ~ ~ ~ Copy of audio/video re--public meeting VEi~ 0 6 2.003 Written account of meeting 15. Other Requirements - :,~. a. r',',a / Ioc,e/'.'~ ,'n,,/o * Dc~e~nmentq re~auired for Lone-Ranee Plannin~ Review * 1 additional cony if for afford abl~ hou$in~ As the authorized agent/applicant for this petition, I attest that ali of the information indicated on this chec' included in this submittal package. I understand that failure to include all necessary submittal information in the delay of processing this petition. Agent/Applicant Signature APPLICATION FOR PUBLIC HEARING FOR STANDARD REZONE - 02/2002 RZ-2003-AR-370: PROJECT #2002 DATE: 2/18/03 KAY DESELEM ist is ~ay re.~lO~A ~ / 75 MAR 2 3 200tm ! LEGAL DESCRIPTION THE wEsT 190 FEET OF THE NORTH 1/2 OF THE SOUTHEAST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 4, TOWNSHIP 47 SOUTH, RANGE 29 EAST COLLIER COUNTY, FLORIDA, MORE pARTICULARLY DESCRIBED BY S UR VEYAS FOLLOWS: BEGINNING A T THE NORTHWEST CORNER OF THE SOUTHEAST 1/4 OF THE SOUTHEAST 1/4 OF SAID SECTION 4, TOWNSHIP 47 SOUTH, RANGE 29 EAST, THENCE AL ONo G THE CENTERLINE OF COLORADO A VENUE N89 '26'05" EAST 197.30 FEET TO THE WEST RIGHT-OF-WA Y LINE OF 4TH. STREET, SOUTH; THENCE ALONG SAID RIGHT-OF-WA Y LINE S00°58'18'' EAST 443. 14 FEET; THENCE S89°32'06'' WEST 198.31 FEET TO THE CENoTE,RL~,NE OF 5TH. STREET, SOUTH; THENCE NO0 50'26 WES T 442. 79 FEET TO THE POINT OF BEGINNING, LESS THE RIGHT-OF-WA Y OF COLORADO A VENUE. MAR23200~ ~ p~._ _~-~ ~ Exhibit "A" Rezoning Evaluation Criteria I. Whether the proposed change will be consistent with the goals, objectives, and policies and future land use map and the elements of the growth management plart The property is within the Mixed Residential District of the Residential Designation on the Immokalee Future Land Use Map. Non-residential uses, specifically including churches are permitted within the Residential Designation. 2. The existing land use pattern. The proposed change will only have minimal impact on the existing land use pattern as the building is existing and will be used less intensively than the previous land use (a HRS social services office building). 3. The possible creation, of an isolated district unrelated to adjacent and nearby districts. The subject rezoning will be more conducive to the adjacent and nearby districts than the existing "Public" zon~g district, which allows a variety of permitted uses, with some of those uses being rather intensive. 4. Whether existing district boundaries are illogically drawn in relation to existing conditions on the property for the proposed change. Not applicable. 5. Whether changed or changing conditions make the passage of the proposed amendment (rezone) necessary. Yes, the existing commercial building is no longer needed as an HRS social services building. 6. Whether the proposed change will adversely influence living conditions in the neighborhood. The proposed change should not adversely influence living conditions in the surrounding neighborhood. 7. 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. The proposed change will decrease traffic over the previous land use. Additionally, churches typically only generate significant traffic when area roadways are not at Weekday AM and PM Peak Hours. 8. Whether the proposed change will create a drainage problem. No change in existing drainage is proposed. JUL 0 ? PL~I~II~ 8ERVlC, BS I:)~:~ 9. Whether the proposed change will seriously reduce light and air to adjacent are~ No change to light or air to adjacent areas is expected. The building is existing. AGENI:)A ITEM MAR 2 3 20C~) ,5-/ I O. Whether the proposed change will seriously affect property values in the adjacent area. The proposed change could have a positive effect on property values, since the existing building is vacant. I I. Whether the proposed change will be a deterrent to the improvement or development of adjacent property in accordance with existing regulations. The proposed change is not expected to be a deterrent to the improvement or development of adjacent property. 12. Whether the proposed change will constitute a grant of special privilege to an individual owner as contrasted with the public welfare. The proposed change will not constitute a grant of special privilege. 13. Whether there are substantial reasons why the property cannot be used in accordance with existing zoning. Yes, the existing "Public Zoning" is an unique zoning district that has a lot of permitted uses but many of those permitted uses are impractical for the subject site. 14. Whether the change suggested is out of scale with the needs of the neighborhood or the county. The change suggested is not out of scale with the neighborhood. 15. Whether it is impossible to find other adequate sites in the county for the proposed use in, districts already permitting such use. The Immokalee Church of the Nazarene has had difficulty finding a site in Immokalee for their proposed expansion and they are outgrowing the existing facility. 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. The site will only have to be very minimally changed for the proposed single use of a church. 17. 18. The impact of development on the availability of adequate public facilities and agement plan and as defined and implemented through the Collier County ,~7~ces consistent with the levels of service adopted in the Collier County growth Adequate Public Facilities Ordinance [Code ch. 106, art. II], as amended The proposed zoning change will not have a negative impact on the availability of adequate public facilities and there will be adequate public facilities available for the proposed use. Such other factors, standards, or criteria that the board of county commissioner shall deem important in the protection of the public health, safely, and welfare. The proposed change should assist the Immokalee community in its revitalizatio STATEMENT OF UTILITY PROVISIONS FOR PUD REZONE REQUEST 1. NAME OF APPLICANT: Immokalee Church of the Nararene 2 MAILING ADDRESS: 110 S. Second Street CITY Naples, STATE FL ZIP 34142 3 ADDRESS OF SUBJECT PROPERTY (IF AVAILABLE): LEGAL DESCRIPTION- Section: 4 Township: 47 Range: 29 RZ-2003-AR-3703 PROJECT 02002020057 DATE: 2/18/03 KAY DESELEM Lot- Block: __ Subdivision: Plat Book Page #: Property I.D.#: 00126240003 & 00124800005 Metes & Bounds Description: S4, T47, R29 E, N220ft of W 190 ft of N 1/2 of SE !/4 of SE 1/4, less 30' R/W on WE. TYPE OF SEWAGE DISPOSAL TO BE PROVIDED (Check applicable syste, m): a. COUNTY UTILITY SYSTEM ~_~ b. CITY UTILITY SYSTEM c. FRANCHISED UTILITY SYSTEM PROVIDE NAME Immokalee WSD d. PACKAGE TREATMENT PLANT (GPD capacity) e. SEPTIC SYSTEM TYPE OF WATER SERVICE TO BE PROVIDED: a. COUNTY UTILITY SYSTEM b. CITY UTILITY SYSTEM c. FRANCHISED UTILITY SYSTEM PROVIDE NAME Immokalee WSD d. PRIVATE SYSTEM (WELL) 12/13/2002 APPLICATION FOR PUBLIC HEARING FOR pUD RE-ZONE ITEM MAR 2 3 TOTAL POPULATION TO BE SERVED: 4~o PEAK AND AVERAGE DAILY DEMANDS: A. WATER-PEAK 17,325 AVERAGE DAILY 11,~42 B. SEWER-PEAK 13,500 AVERAGE DAILYg,000 IF PROPOSING TO BE CONNECTED TO COLLIER COUNTY REGIONAL WATER SYSTEM, PLEASE PROVIDE THE DATE SERVICE IS EXPECTED TO BE REQUIRED: July 2003 10. NARRATIVE STATEMENT: Provide a brief and concise narrative statement and schematic drawing of 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 and soil involved shall be provided from tests prepared and certified by a professional engineer.N/A 11. COLLIER COUNTY UTILITY DEDICATION STATEMENT: If the project is located within the services boundaries of Collier County's utility service system, written notarized statement shall be provided agreeing to dedicate to Collier County Utilities the water distribution and sewage collection facilities within the project area upon completion of the construction of these facilities in accordance with all applicable County ordinances in effect at the at time. This statement shall also include an agreement that the 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. if applicable, the statement shall contain shall contain an agreement to dedicate the appropriate utility easements for serving the water and sewer systems.N/A 12. STATEMENT OF AVAILABILITY CAPACITY FROM OTHER PROVIDERS: Unless waived or otherwise provided for at the pre-application meeting, if the project is to receive sewer or potable water services from any provider other than the County, a statement from that provider indicating that there is adequate capacity to serve the project shall be provided. NIA Utility Provision Statement RJM 10/17/97 12/13/2002 APPLICATION FOR PUBLIC HEARING FOR PUD RE-ZONE TI=IlS FORM HAS BEEN AP?ROVED BY THE FLORIDA ASSOCIATION O1; RP. ALTORR® AND Tl:fg FLORIDA BAR ContraCt For Sale And Purchase n. ORm~ ^SSOC~T;On Or R~LTORS~ *nO T~Z PARTIES: VIROINIA AYALA ~d IMMOKALEE CHURCH OP THE NAZARENE hereby agree that Seller shall sell and Buyer shall buy the follow RZ-2003-AR-3703 PROJECT #2002020057 DATE: 2/18/03 KAY DESELEM __ ("Seller") ("Buyer"), .n'ty (collectively "Property") pursuant to the terms and conditions of this Contract for Sale and Purchase and any riders and addenda ("Contract'): I. DESC~ON: (a) Legal description of the Real Property located in Collier County, Florida: (b) Street address, city, zip, of the Property: (c) Personal Property includes existing range, refrigerator, dishwasher, ceiling fans, light fixtures, and window treatments unless specifically excluded below. Other items included are: Items of Personal Property (and leased items, if any) excluded are: II. PURCHASE PRIC. E (U.S. currency) ............................................... $ PAYMENT: ....... (a) Deposit held in escrow by Troiano & Roberts Trust Au (Escrow Agent) in the amount of ........................................................ $ 5,0 0 0.0 0 (b) Additional escrow deposit to bc made to Escrow Agent within * * * days after Effective Date (sec Paragraph III) in the amount of ................................................. $ 9 5,0 0 0 . 0 0 (c) Assumption of existing mortgage in good standing (see Paragraph IV(c)) having tn approximate present principal balance of ....................................................... $ (d) New mortgage financing with a Lender (s~ Paragraph IV(b)) in the amount of ............ (c) Purchase money mortgage and note to Seller (s~ Paragraph IV(d)) in thc amount of ........ $ -- -- (0 Other: $ (g) Balance to close by cash or LOCALLY'DRAWN cashier's or official bank check(s), subject to adjustments or prorations .................. - ............................. $ ITl. TIME FOR ACCEPTANCE OF OFFER AND COUNTEROFFERS; EFFECTIVE DATE:' (a) If this offer is not executed by and delivered to all parties OR FACT OF EXECUTION communicated in writing between the parties on or before Oc t:ober 11 t:h, 2 0 0 2 , thc deposit(s) will, at Buyer's option, be returned and this offer withdrawn. UNLESS OTHERWISE STATED, THE TIME FOR ACCEPTANCE OF ANY COUNTEROFFERS SHALL BE 2 DAYS FROM THE DATE THE COUNTEROFFER IS DELIVERED, (b) The date of Contract ("Effective Date") will be the date when the last one of the Buyer and Seller has signed or initialed this offer or the final counteroffer. Jf such date is not otherwise set forth'in this Contract, then the "Effective Date' shall be the date determined above for acceptance of this offer or, if applicable, the final counteroffer. IV. FINANCING: [] (a) This is a cash transaction with no contingencies for financing; [] (b) This Contract i.s contingent on Buyer obtaining approval of a loan ("Loan Approval") within days after Effective Date for (CHECK ONLY ONE): {~ a fixed; [] tn adjustable; or [] a fixed or adjustable rate o-l'S'-~--in the principal amount of $ , at an initial interest ratc not to exceed %, discount and origination fe~ not to exceed % of principal amount, and for a term of years. Buyer will make application within days (if blank, then 5 days) after Effective Date and use reasona~o-']~-"d~ence to obtain .Loan Approval and, thereafl~fy terms and conditions of the Loan' Approval and close the loan. Buyer shall pay all loan expenses. If Buyer fails to obtain a Loan Approval or falls to waive Buyer's fights under this subparagraph within the time for obtaining Loan Approval or, after diligent, good faith effort,, fails to meet the terms and conditions of the Loan Approval by C,J~ing, then eithcrparty thereafter, by, written notic.e,lg_ the other, may cancel thts Contract end Buyer shall be refunded the deposit(s); ,~.O:.. / .~$/t(~. e- [] (c) Assumption of existing mortgage (see rider for terms); or ' {[/-- ~-~=~ [] (d) Seller financing (see Standard B and riders; addenda; or special clauses for terms), t %.~,~b.~? V. TITLE EVIDENCE: At least :3 days (if blank, then 5 days) before Closing: -"~ Atlant/Be~;L~ ['X] (a) Tit~c insurance commitment with legible copies of instruments listed as exceptions attached thereto ("Title %nunitm~~ Co) Abstract of title or other Closing, tn owner's policy of title insurance (see Standard A for terms); or [] ,.. idcnce oflJtle (~Br'ffillc~f~ tefRr~. shall be obtained by (CHECK ONLY ONE,:['XI (I) Seller, at Scl ,er's ex pcnse and deliv ~?,~/./~'_~._~.. ~ Bux. e.V.r~u/at~?....~or £UU~. _ [] (:)Buyer at Buyer, expend. ........ VI, CLOSING DATE: This transaction shall be closed and the closing documents delivered o~~ed ("Closing"), unless modified by other provisions of thi$ Contract. If Buyer is unable to obtal~"H~'~'~e at a reasonable rate due to extreme weather conditions, Buyer may delay Closing for up to, 'daYXrafter su'c.h e. xllyjl~~ available. FABJBAR-6S 10/01, Page I of 4 / VH. RESTRICTIONS; EASEMENTS; LIMITATIONS: Seller shall convey marketable title subjectto: comprehensive land useplans, zoning, restrictions, prohibitions and other requirement~ imposed by governmental authority; restrictions and matters appearing on the plat or otherwise oil, gas and mineral rights of record without fight of entry; unplatted l'ublie utility easements of common to the subdivision; outstanding ' record (located contiguous to real property lines and not more than 10 feet in width as to the rear or front lines and 7 1/2 feet in width as to the side lines); taxes for year of Closing and subsequent years; and assumed mortgages and purchase money mortgages, if any (if addltlonal itcm~, addendum); provided, that there exists at Closing no violation of the foregoing and none prevent ~se of the Property for purpose(s). those of record ~ o~,nvunesso erw~se e .~.tn. ropeny is intended VIIT.. OC~UPANt~Y: :Seli~cupancY o ' to be rented or occupied beyond Closing, the fact and terms thereof and the tenant(s) or occupants shall be disclos&t pursuant to Standard F. If occupancy is to be delivered before Closing, Buyer assumes all risks of loss to Property from date of occupancy, shall be responsible and liable for maintenance from that date, and shall be deemed to have accepted Property in its existing condition as of time of t~king occupancy. IX. TYPEWRITTEN OR HANDWRITTEN PROVISIONS: Typewritten or handwritten provisions, riders and addenda shall control all printed provisions of this Contract in conflict with them. -- X. ASSIGNABILITY: (CHECK ONLY ONE): Buyer [--I may assign and thereby be released .f~.m~an?-5.zrther liability under this Con~ract; [--] may assign but not be released from liability un~'-~er this Contract; or (X] may not assign thts ~ontrac~. XI. DISCL-OS~: (a) I-~ CHECK HERE if the ProP~ii is subject to a special assessment lien impnscd by a public body payable in installments which if so s who shall pay amounts duc after Closing: 7-~ Seller I--] Buyer [--] G.~her (sec addendum). con't~'u¢ beyond Closing and, ' P, fY .............. ~,oa in a buikt~ in suft~l'~ent quanu~'l]'~es may present health risks to (b) Radon is a naturally occurring rauioacuve gas mat wncn au,.-- persons who are exposed to it over time. Levels of radon that exceed federal and state guidelines have been found in buildings in Florida- Additional information regarding radon or radon testing may be obtained from your County Public Health unit.~ (c) Buyer acknowledges receipt of the Florida Building Energy-Efficiency Rating System Brochure. (d) If the real property includes pre-1978 residential housing then a lead-based paint rider is mandatory. (e) If Seller is a "foreign person" as defined by the Foreign Investment in Real property Tax Act, the parties shl;.ll comply with that Act. (0 If Buyer will bc obligated to be a member ora homeowners' association, BUYER SHOULD NOT EXECUTE THIS CONTRACT UNTIL BUYER HAS RECEIVED AND READ THE HOMEOWNERS' ASSOCIATION DISCLOSURe: XH. MAXIMUM REPAIR COSTS: Seller shall not be responsible for payments in excess of: (a) $ - 0 - for treatment and repair under Standard D (if blank, then 2% of the Purcha :e Price). (b) $-0- f°r repair and replacement under Standard N n°t caused bY W°od Destr°ying ~rganisms (ifblank' then 3% of th~ Purchase Price). XIII. RIDERS; ADDENDA; SPECIAL CLAUSES: CHECK those riders which are applicable AND are attached to this Contract: [] CONDOMINIUM [] VA/FHA [] HOMEOWNERS' ASSN. [] LEAD-BASED PAINT [] COASTAL CONSTRUCTION CONTROL LINE [] INSULATION [] "AS IS" [] OtherCom,)rchcnsiveRiderProvisions pe Addenda cial Clause(s): XIV. STANDARDS ~'O~AL ESTATE TRANSACTIONS ("Standards"): Buyer and Seller acknowledge receipt of a copy of Standards A through W on the reverse side or attached, which are incorporated as part of this Contract. THIS IS INTENDED TO BE A LEGALLY BINDING CONTRACT. IF NOT FULLY UNDERSTOOD, SELK THE ADVICE OF AN A'FFORNEY PRIOR TO SIGNING. THIS FORM HAS BEEN APPROVED BY THE FLORIDA ASSOCIATION OF REALTORS® AND THE I- LORIDA BAR. Approval does not constitute an opinion that any of the terms and conditions in this Contract should be accepted by the parties in a particular transaction. Terms and conditions should be negotiated based upon the respective interests, objective ~ and bargaining positions of all interested persons. ~ ~ t ,.~L~t. . - (DATE) (-BUYER)By: Jea~--~aul; 7tot Buyers' address for purposes of notice 110 South 2nd Street Immokalee, FL 3%1%2 (SELLER) Sellers' address for purposes of notice c/o Lisa Nichols 1%00 -~assl~nds Blvd., Phone -~ake--~nd, FL 33803 nder P ph II (a) received (Checks are subject to clearance.): Depositu aragra .... ers are the only brokers entitled to ,;om BROKERS: The brokers named below, including hstmg and cooperat~ with this Contract: Name: Listing Broker None Cooperating Brokers, if any None · Riders can be obtained bom Florida Lawyers Support Services I~c. (FLSSI) (850) 656-7590 FARJBAR--6S 10/01 ' . ........ ,,o,,. a -n.. morida Bar All Rights Reserved 02001 Florida Assocmtmn ox~.~ ~ ~v,~ mm a,~ ·, #24 (DATE) Phon~ ;nsati~MLin connection/ MAR 2 3 LEGAL DESCRIPTION - EXHIBIT "A" PARTIES: VIRGINIA AYALA ("Seller") and IMMOKALEE CHURCH OF THE NAZARENE ("Buyer") That certain real property located in Collier County, Florida, referred to as "HRS Building" and "Vacant Lot Adjacent to HRS Building-, further described as: The North 220 feet of the West 190 feet of the South 440 feet of the North 1/2 of the Southeast 1/4 of the Southeast 1/4 of Section 4, Township 47 South, Range 29 East, LESS AND EXCEPT 30-foot road right of way on the West side thereof. and The North 220 feet of the West 190 feet of the South 440 feet of the North 1/2 of the Southeast 1/4 of the Southeast 1/4 of Section 4, Township 47 South, Range 29 East, LESS AND EXCEPT 30-foot road right of way on the West side thereof. STANDARDS FOR REAL ESTATE TRANSACTIONS A. TITLE INSURANCE: The Title Commitment shall be issued by a Florida licensed title insurer al~'eeing to issue Buyer, upo~ recording of the deed to Buyer, an owner's policy of rifle insurance in the amount of:he purcha~ price, insuring Buyer's marketable title to the Real Property, s~jec~ only to matters contained in Paragraph VII and those to be discharged by Seller at or before Closing. Marketable title shall be determined according to apl~icabic Title Standards adopted by authority of The Florida Bar and in accordance ~ law. Buyer shall have 5 days f~m ch~ of r~c~iving the Title Commi~n~nt to ~tamin~ it, and if tltl¢ is found defective, noti~ Seller in writing specifying defect(s) which render title unmarketable. Seller shall have 30 days from ~.ceipt of notice to remove the defects, failing which Buyer shall, within 5 days after expiration of the 30 day period, deliver written notice to Seller eith~; (1) extending the time for a reasonable period not to exceed 120 days within which Seller shall use diligent effort to remove the defects; or (2) r~questing a refund of deposit(s) paid which shall be returned to Buyer. If Buyer fails to so notify Seller, Buyer shall be deemed to have accepted the title ns it then is. Seller shall, if title is found unmarketable, use diligent effort to cor~ct defect(s) within the time provided. If Seller is unable to timely correct the defects, Buyer shall either waive the defect, or receive a refund of deposit(s), the~by releasing Buyer and Seller from all further obligations under this Con~act. If Seller is to provide' the Title Commitment and it is delivered to Buyer less than 5 days prior to Closing, Buyer may extend Closing so that Buyer shall have up to 5 days from date of receipt to cxaraine same in accordance with this Standard. · B. PURCHASE MONEY MORTGAGE; SECURITY AGREEMENT TO SELLER:A purchase money mortgage and mortgag-, note to Seller shall provide for a 30 day grace period in the event of defanlt ifa first mortgage and a 15 day grace period ifa second or le.~er mortgage; shall provide for right of prepayment in whole or in part without penalty; shall permit acceleration in event of transfer of the Real Property; shall require all prior liens and encumbrances to be k~-pt in good standing; shall forbid modifications of, or furore advances under, prior mortgage(s); shall require Buyer to maintain policies of insurance containing a standard mortgagee clause covering all improvements located on the Real Property against fire and all perils included within'the term 'extended coverage endorsements' and such other risks and perils as Seller may reasonably require, in an amount equal to their highest insurnble,valu¢; and the mortgage, note and security agreement shall be otherwise in form and content required by Seller, but Seller may only requi~ clauses and coverage customarily found in mortgages, mortgage notes and security agreements generally utilized by savings and loan institutions or state or national banks loch'ed in the county wherein the Real Property is located. All Personal Prope~y and.leases being conveyed or assigned will, at Seller's option, be subject to the lien of a security agreement evidenced by recorded or filed financing statemenl~ or certificates of title. If n balloon mortgage, the final payment will exceed the periodic payments thereon. C. SURVEY: Buyer, at Buyer's expense, within time allowed to deliver evidence ofgtle and to examine same, may have the Real Property surveyed and certified by a registered Florida surveyor. If the survey discloses encroachments on the Real Property or that improvements located thereon encroach on setback lines, easements, lands of others or violate any restrictions, Contract covenants or applicable governmental r~gulntions, the same shall constitute a title defect. D. WOOD DESTROYING ORGANISMS: Buyer, at Buyers expense, may have the Property inspected by a Florida C~:rtified Pest Con~'oi Operator ("Operator") at least 10 days prior to Closing to determine if there is any visible active Wood Destroying Organism infestatioe~ or visible damage from Wood Destroying Organism infestation, excluding fences. If either or both a~ found, Buyer may, within $ days from date of wriH,m notice thereot~ have cost of treatment of active infestation estimated by the Operator and all damage inspected and estimated by an np~opriately licensed contractor. Seller shall pay costs of treatment and repair of ail damage up to the amount provided in Parag~ph X~(a). If esfim~d costs exceed that amount, Buyer shall have the option of canceling this Con~act within 5 days after receipt of contractor's r~pair estimate by g~ving written notice to Seller, or Buyer may elect to proceed with the transaction and receive a credit at Closing on the amount provided in Paragraph X~(a). "Wood Destroying Organisms" shall be deemed to include all wood destroying organisms required to be reported under the Florida Pest Control Act, as amended. E. INGRESS AND EGRESS: Seller warrants and represents that there is ingre.~ and egress to the Real Property sufficient for its intended use as described in Paragraph VH hereof, and title to the Real Property is insurable in accordance with Standard A without exception for lack of legal right of access. F. LEASES: Seller shall, at least 10 days before Closing, furnish to Buyer copies of ail written leases and estoppel letters from each tenant specifying the nature and duration of the tenant's occupancy, rental rates, advanced rent and security deposits paid by tenant. If Seller is unable :o obtain such letter from each tenant, the same information shall be furnished by Seller to Buyer within that time period in the form of a Seller's affffdavil, a~J Buyer may thereafter contact tenant to confirm such i~formation. If the terms of the lenses differ materially from Seller's representations, Buyer may termir, ate this ConUact by delivering written notice to Seller at least 5 days prior to Closing. Seller shall, at Closing, deliver and assign all original leases to Buyer. G. LIENS: Seller shall furnish to Buyer at time of Closing an affidavit attesting to the absence, unless otherwise provided for he, in, of any financing statement, claims of lien or potential lienor~ known to Seller and further attesting that th~ have been no improvements or repairs to the Real Property for 90 days immediately preceding date of Closing. If the Real Property has been improved or repaired within that time, Seller shall deliver releases or waivers of cons~uction liens executed by all general contractors, subcon~ctors, suppliers and materiaimen in addition to Seller's lien affidavit set~g forth the names of all such general contractors, subcontractors, suppliers and materialmen, further affirming that all charges for improvements or repairs wifich could serve as a basis for a cons~-uction lien or a claim for damages have been paid or will be paid at the Closing of this Contract. H. PLACE OF CLOSING: Closing shall be held in the county wherein the Real Property is located at the office ofthe attorney or other closing agent ("Closing Agent") designated by the party paying for title insurance, or, if no title insurance, designated by Seller. I. TIME: In computing time periods of less than six (6) days, Saturdays, Sundays and state or national legal holidays shall be excluded. Any time periods provided for herein which shah end on a Saturday, Sunday, or a legal holiday shall extend to 5 p.m. of the next business day. Time is of the essence in this ContrneL J. CLOSING DOCUMENTS: Seller shall furnish the deed, bill of sale, certificate of title, construction lien affidavit, owner's possession affidavit, assignments of leases, tenant and mortgagee estoppel letters and corrective ins~'uments. Buyer shall furnish mortgage, mortgage note, security agreement and financing statements. K. EXPENSES:Documentary stamps on the deed and recording of corrective insmm~ents shall be paid by Seller. Documentsry stamp~ und intangible tax on the purchase money mortgage and any mortgage assumed, mortgagee rifle insurance commitment with related fees, and recording of purchase money mortgage to Seller, deed and t'mancing statements shall be paid by Buyer. Unless otherwise provided by law or rider to this Contract, charges for the following related title services, namely title evidence, title examination, and closing fee (including preparation of closing statement), shall be paid by the pair] responsible for furnishing the title evidence in accordance with Paragraph V. L. PRORATIONS; CREDITS: Taxes, assessments, rent, interest, insurance and other expenses of the Property shall be prorated through the day before Closing. Buyer shall have the option of taking over exisling policies of insurance, if assumable, in which event premiums shall be prorated. Cash st Closing shall be increased or de~:ased as may be required by prorations to be made through day prior to Closing, or occupancy, if occupancy occurs before Closing. Advance rent and security deposits will be credited to Buyer. Escrow deposits held by mortgagee will be credited to Seller. Taxes shall be prorated based on the current year's tax wi~ due allowance made for maximum allowable discount, homestead and other exemptions. H'Closing occurs at a date when the current yea~s millage is not fixed and current year's assessment is available, taxes will be prorated based upon such assossment and prior year's millage. If current year's a~ment is not available, then taxes will be prorated on prior year's tax. If there a~ completed improvements on the Real Property by January 1st of year of Closing, which improvements were not in existence on January Ist of prior year, then taxes shall be prorated based upon prior year's millage and at an equitable assessment to be agreed upon between the parties, failing which, request shah be made to the County Property --~:~ +',~r nn infnrmal _ assessment taking into account available exemptions. A tax proration based on an estimate shall, at request of either party, be rea~J t~;ted t liens il~poS~:u bill on condition that a statement to that effect is signed at Closing. M. SPECIAL ASSESSMENT LIENS: Except as set forth in Paragraph XI(a), certified, confirmed and ratified special assessme~ bodies as of Closing ar~ to be paid by Seller. Pending liens as of Closing shall be assumed by Buyer. If the improvement has been FAR/BAR-6S 10/01 02001 FlorMa Association of REALTORS® and The Florida Bar All Rights Reserved Page 3 of 4 stant[a!lv compl_¢ted as of MAR z STANDARDS FOR REAL ESTATE TRANSACTIONS (CONTINUED) Effective Date, any pending lien shall be considered certified, confirmed or ratified and Seller sksll, at Closing, be charged an amount equal to the last estmat~ or assessment for the improvement by the public body. N. INSPECTION, REPAIR AND MAINTENANCE: Seller warrants that the ceiling, roof (including the fascia and soffits) and exterior and interior walls, foundation, seawalls (or equivalent) and dockage of thc property do not have any vis.lc evidence of leaks, water damage or s~uctural damage and that the septic tank, pool, all appliances, mechanical items, heating, cooling, electrical, plumbing systems and machinery a~ in Working Condition. The foregoing warranty shall be limited to the items specified unless otherwise provided in an addendum. Buyer may inspect, or, at Buyer's expense, have a firm or individual specializing in home inspections and holding an occupational license for such purpose (if required) or an appropriately licensed Florida conwactor make inzpections of; those items within 20 days after the Effective Date. Buyer shall, prior to Buyer's occupancy but not more than 20 days aRer Effective Dale, report in writing to Seller such items that do not meet the above standards as to defects. Unless Buyer timely reports such.defects, Buyer shah be deemed to have waived Seller's warranties as to defects not reported. If repairs or replacements are requited to comply with this Standard, Seller shall cause them to be made and shall pay up to the amount provided in Paragraph XIICo). Seller is not required to make repairs or replacements of a Cosmctia Condition unless caused by a defect Seller is respons~le to repair or replace. If the cost for such repair or replacement exceeds the amount provided in paragraph XIICo), Buyer or Seller may elect to pay such excess, falling which either party may cancel this Contract. If Seller is unable to correct the defects prior to Closing, the cost thereof shall be paid into escrow at Closing. Seller shall, upon reasonable notice, provide utilities service and access to the Property for inspections, including a walk-through prior to Closing, to confirm that all items of Personal Property are on the Real Property and, subject to the foregoing, that all required repairs and replacements have been made and that the Property, including, but not limited to, lawn, shrubbery and pool, if any, has been maintained in the condition existing as of Effective Date, ordinary wear and tear excepted. For purposes of this Contract: (I) "Working Condition" means operating in the manner in which the item was designed to operate; (2) "Cosmetic Condition" means aesthetic imperfections that do not affect the Working Condition of the item, including, but not limited to: pitted marcite or other pool finishes; missing or torn screens; fogged windows; teats, worn spots, or discoloration of floor coverings, wallpaper, or window treatments; nail holes, scratches, dents, scrapes, chips or caulking in ceilings, walls, flooring, fixtures, or mirrors; and minor ~acks in floors, tiles, windows, drivcwuys, sidewalks, or pool decks; and (3) cracked roof tiles, curling or worn shingles, or limited roof lif~ shall not be considered defects Seller must repair or replace, so long ns there is no evidence of actual leaks or leakage or structural damage, but missing tiles will be Seller's rec. ponsibility to replace or repair. O. RISK OF LOSS: If the Property is damaged by fire or other casualty before Closing and cost of restorstion does not exceed 3% of the assessed valuation of the Propurty so damaged, cost of restoration shall be an obligation of Seller and Closing shall proceed pursuant to the terms of this Contract with restoration co~ escrowed at Closing. If the cost of restoration exceeds 3% of the assessed valuation of the Property so damaged, Buyer shall either take the Property as is, together with either the 3% or any insurance proceeds payable by virtue of such loss or damage, or receive a refund of deposit(s), thereby releasing Buyer and Seller from all further obligations under this Con~'act P. CLOSING PROCEDURE: The deed shall be recorded upon clearance of funds. If the title agent insures adverse matters pt~suant to Section 627.7941, F.S., as amended, the escrow and closing procedure required by this Standard shall be waived. Unless waived as set forth above t~ following closing procedures shall apply: (1) all closing proceeds shall be held in escrow by the Closing Agent for a period ofunt more than 5 days after Closi'¥g; (2) ifSeller's title is rendered unmarketable, through no fault of Buyer, Buyer shall, within the 5 day period, notify Seller in writing of the defect and Seller shall have 30 days from date of receipt of such notification to cure the defect; (3) if Seller fn0s to timely cute the defect, all deposits and closing funds shall, upon writte-~ demand by Buyer and within 5 days after demand, be returned to Buyer and, simultaneously with such repayment, Buyer shall return the Personal Property, vacate the Real Property and reconvey the Property to Seller by special warranty deed and bill of sale; and (4) if Buyer fails to make timely demand for re,md, Buyer shall'take title as is, waiving all rights against Seller as to any intervening defect except as may be available to Buyer by virtue of warranties contained in the deed or bill of sale. Q. ESCROW: Any Closing Agent or escrow agent (°Agent") receiving funds or equivalent is authorized and agrees by acceptance of them to deposit them promptly, hold same in escrow and, subject to clearance, disburse them in accordance with terms and conditions of this Coi:Iract. Failure of funds to clear shall not excuse Buyer's performance. If in doubt as to Agenfs duties or liabilities under the provisions of this Contract, Agent may, at Agont's option, continue to hold the subject matter of the e~crow until the parties hereto agree to its disbursement or until a judgment ora court of europe',cat jurisdiction shall determine the rights of the parties, or Agent may deposit s~.'ne with the clerk of the circuit court having jurisdiction of the dispute. An attorney who represents a party and also acts ns Agent may represent such par~y in such action. Upon notifying all parties cuncerued of such action, ali ii,--~bility on the part Of Agont shall fully terminate, except to the extent of accounting for any items previously delivered out of escrow. If a licensed real estate broker, Agent will comply with provisions of Chapter 475, F.S., as amended. Any suit between Buyer and Seller wherein Agent is made a party because of actifi~ as Agent hereunder, or in any suit wherein Agent interpleads the subject matter ef the escrow, Agent shall recover reasonable ntiorney's fees and coats inc.'orred with these amounts to bo paid from and out of the escrowed funds or equivalent and charged and awarded ns court costs in favor of the prevailing pa~;. Thc Agent shall not bc liable to any party or person for misdeiJvery to Buyer or Seller of items subject to thc escrow, unless such misdelivcry is due to willfu! breach of the provisions of this Contract or gross negligence of Agent. R. ATTORNEY'S FEES; COSTS: In any litigation, including breach, enforcement or interpretation, arising out of this Cout;-,.ct, the prevailing party in such litigation, which, for purposes of this Standard, shall include Seller, Buyer and any brokers acting in agency or nonagency reit :Mnships authorized by Chapter 475, F.S., as amended, shall be entitled to recover from thc non-prevailing party reasonable at~mey's fees, costs and expenses. S. FAILURE OF PERFORMANCE: If Buyer fai!s to perform this Contract within the time specified, including payment ora'. deposits, the deposit(s) paid by Buyer and deposit(s) agreed to be paid, may be recovered and retained by and for the account of Seller as alp~ed upon liquid,~ted damages, conaldcration for the execution of this Contract and in full settlement of any claims; whereupon, Buyer and Seller shall be relieved of all obligati(.ns under this Contract; or Seller, at Seller's option, may proceed in equity to enforce Seller's tights under this Conlrnct. If for any reason other than falluot: of Seller to make Seller's title marketable after diligent effort, Seller falls, neglect~ oi refuses to perform this Conlrnct, Buyer may seek specific performance Or elect to receive the return of Buyer's deposit(s) without thereby waiving any acti~-n for damages resulting from Seller's breach. T. CONTRACT NOT RECORDABLE; PERSO~lS BOUND; NOTICE; FACSIMILE: Neither this Con;tact nor any noti~¢ of it shall be recorded in any public records. This Contract shall bind and inure to the benefit of the parties and their successors in interest. Whenever th; context permits, singular shall include plural and one gender shall include all. Notice and delivery given by or to the attorney or broker representing any party ?.~all be as effective as ifgiven by or to that party. Ail notices must be in writing and ,'nay be made by mall, personal delivery or elecironJc media. A legible facJhnilc copy of this Contract and any signatures hereon shall be considered for all purposes as an original. U. CONVEYANCE: Seller shall convey marketable title to the Real Property by statutory warranty, trustee's, personal repreTcntative's or guardian's deed, as appropriate to the status of Seller, subject only to matters contained in Paragraph VII and those otherwise accepted by Buyer-. Personal Property shall, at the request of Buyer, be transferred by an absolute bill '.)f sale with warranty of title, subject only to such matters ns may be otherwise provided for herein. V. OTHERAGREEMENTS: No prior or present agreements or reprezentations shall be binding upon Buyer or Seller unless included in this Conirnct. No modification to or change in this Contract shall be Yalid or binding upon the parties unless in writing and executed by the part¢.-.-imonde~d to be bound by it. W. WARRANTY: Seller warrants that there are no facts known to Seller materially affecting the value of the Property v,~ich ~ not by Buyer or which have not been disclosed to Buyer. 2 3 200 FAR/BAR-6S 10/01 O2001 Florida Associatinr. of REALTORS® and The Florida Bar All ~ghts Reserved Page 4 of 4 ADDENDUM TO CONTRACT Addendum No. 1 VIRGINIA AYALA to thc Contract dated (Seller) and IMMOKALEE CWURCH OF THE NAZARENE (Buyer) concerning thc property dcscn'bcd as: ~udigons p~ of~e Con~ (~c Con~ ). Bwer md Seller m~e &c ~iiowing terms and 1. Closing of this transaction shall take place on or before April 15, 2003, at the law offices of Troiano & Roberts, P.A., 317 South Tennessee Avenue, Lakeland, Florida 33801. D. A. Troiano, Esquire, shall serve as closing agent. 2. The parties acknowledge that the Buyer is paying to 'the Seller the sum of $5,000.00 as a deposit toward the purchase price at the time of signing this contract. Further, the parties hereby acknowledge and agree that the Buyer shall apply for a land use and zoning change permitting the Buyer to use subject real property as a church. Upon said land use and zoning change being granted by the proper authorities, said Buyer shall immediately notify the Seller thereof, and the parties shall proceed with closing this transaction on or before April 15, 2003. The parties further agree that the Buyer shall immediately apply for said land use and zoning change and shall keep the Seller advised thereof. Seller shall credit to the Buyer at the time of closing a maximum sum of $5,000.00 toward the costs involved in applying for said land use and zoning change. However, in the event said costs involved in applying for said land use and zoning change do not exceed the sum of $5,000.00, then and in such event the Seller shall credit to the Buyer only the amount for said costs. 3. The parties agree that in the event the above referenced change in land use and zoning is not approved by the appropriate officials in Collier County, Florida, then and in such event this Contract shall be null and void, and the Seller shall refund to the Buyer any deposits paid prior to closing of this transaction. See Continuation Sheet D~ DSI Form 2/02 Date S~ER BUYER Date AC-,~N~A ITEM ~__~ HAR 2 3 200~ ~ · .,~DENDuM TO CONTRACT - CONTINUATION PAGE 4. The parties agree that costs of closing shall be as'~ollows: Seller shall be responsible for furnishing a warranty d~_~d_ to Buyer and placing state documentary stamps thereon ($2,6~5.00)the search ($150.00); examination of title by attorney ($10Q.00); ; title furnishing an owners title insurance policy to the Buye~ ($1,950.00)~ administrative fee to Troiano & Roberts P.A. ($100.00);~attorneys fee. ~ ' ¢ Buyer shall be responsible for recording warranty deed (~6.00); recording mortgage ($15.00); state documentary stamps on'note ($945.00); intangible tax on mortgage ($540.00); prepara%ion of documents for financing purposes ($100.00); any e~ense~"involved in land use and zoning changes, if any. In the event the Buyer desires to have legal counsel, said Buyer shall be responsible f~r payment of his own attorneys fees incurred regarding this transacti~n. 5. The Buyer shall give to the Seller a promissory note and purchase money mortgage at the time of closing in the amount of $~75,000.00. Said note and mortgag~ shall bear interest at the rate 0~ six (6.000%) percent per annum, and said note and mortgage ~.~all be amortized over a twenty (20) year period. The first re~z!ar monthly payment of'principal and interest under said Note and Mc~:tgage shall be due ninety (90) da~s from the date of closing of this transaction. - Thereafter, payments of principal and interest shall be ~de on a regular monthly basi~ for a period of twenty (20) years '~rom the date of closing. In addition to said regular monthly payments of principal and interest, the Buyer shall pay to the Sells:: a certain amount of escrow funds for the annual taxes and insuranc.~. Said escrow amount will be determined by the Seller on an ann..tal basis, and the Seller shall notify the Buyer annually of the a=~unt of monthly escrow funds which shall be paid by the Buyer tc the Seller in addition to the regular monthly payment of p~incipal and interest. The Seller shall, therefore, be responsible for the actu~l payment of taxes and insuranc~ using the escrow funds collected ~rom the Buyer. In the event there is a shortage of escrow funds for said payment of taxes and insurance, the Seller shall notify %he Buyer of said shortage, and the Buyer shall pay said amount of shortage to the Seller within one (1) month from the date of notification of said shortage. 6. The parties acknowledge that subject property is being sold in an "AS IS" condition. Therefore, Standards "D" and "N" are hereby deleted. A(~A ITEJ~ 2 3 200 · l~]~i~J~ ~ sets ~'t~e State Florida, died on the 4th da~ of aunt, 1995, ov, d~g as RZ-2003-AR-3703 PROJECT #2002020057 DATE: 2/18/03 KAY DESELEM MAR 2 3 HOOVER PLANNING & DEVELOPMENT, INC. Land, Environmental & Traffic Planning Consultants 3785 Airport Road North, Suite B-I, Naples, Florida 34105 January 22, 2004 Kay Deselem, AICP Collier County Current Planning 2800 North Horseshoe Dr. Naples, FL 34104 RZ-2003-AR-3703 PROJECT #2002020057 DATE:l/26/04 KAY DESELEM RE: Immokalee Church of the Nazarene (AR-3703) Dear Ms. Deselem: Enclosed is a re-submittal for the referenced project. Per your request, the plans have been revised to add one more parking space. The total provided is now 66. Please feel free to give Bill or myself a call if you have any questions. Sincerely, Eric. cc: Paster Jean Casnel Paul, Immokalee Church of the Nazarene RECEIVED JkN 2 6 2~04 ~A ,Tm i' MAR23200~ ' Land Planning: (239) 403-8899 Fax: (239) 403-9009 Environmental: (239) 403-8333 HOOVER PLANNING & DEVELOPMENTz INC.. Rezonings, PUDs, Conditional Uses, Variances, Plan Amendments, Traffic, Parking, & Land Use Studies, Site Planning & Subdivisions LETTER OF TRANSMITTAL · Zna l{g-~Utlltl_ll IAl~ RZ-2003-AR-3703 PROJECT//2002020057 DATE: 12/8/03 KAY DESELEM Copies To: From: RECEIVED MAR 2 3 2C3~') 3785 Airport Road North, Suite B-I, Naples, Florida 34105 ° Phone: 239-403-8899 ° Fax: 239-403-9009 HOOVER PLANNING & DEVELOPMENT INC. Rezonings, PUDs, Conditional Uses, Variances, Plan Amendments, TraJ~¢, Parking, & Land Use Studies, Site Planning & Subdivisions December 5, 2003 Mr. Alan El'Urfali Transportation Planning 2685 S. Horseshoe Drive Naples, FL 34104 2nd RK-~ UBMI'I-i'Ai. RZ-2003-AR-3703 PROJECT//2002020057 DATE: 12/8/03 KAY DESELEM Mini Traffic Impact Study for the Rezoning of 1.55 Acres of Land at 410 Colorado Avenue, Immokalee, Florida fi.om the Public Use District to the Community Facility District for the Immokalee Church of the Nazarene Dear Mr. El'Uffali: INTRODUCTION The northern parcel of the subject property has a 12,500 square foot commercial building and parking on it and was designed and utilized by HRS as a social services/welfare office. The northern portion of the southern parcel has asphalt parking on it and the remainder has been cleared and grassed and was designated for a future 6,900 square foot building on the site plans, that accompanied the previous rezoning of the property to Public Use (R-93-6). The Immokalee Church of the Nazarene, that is currently located at 110 S. Second Street, Immokalee has the site under purchase contract and desires to relocate their church to the site. Due to the poor economic conditions in Immokalee most of the church's parishioners live in the vicinity, and either walk, carpool, or arrive by one of the two church vans. TRIP GENERATION EXISTING HRS BUILDING- 12,500 SQ. FT. GOVERNMENT OFFICE BUILDING (730) (Based on 1000 Sq. Ft. so x = 12.5 ) Formula = Number of Trips per Time Period Ave. Rate = 68.93 x 12.5 = 862 Weekday Daily Trips Ave. Rate = 5.88 x 12.5 = 74 Wkdy. AM PK HR of Adj. St. Ave. Rate = 11.03 x 12.5 = 138 Wkdy. PM PK HR of Gen. (Sunday Rates Available so no trips are presumed on Sundays.) Enter(%)/Exit(%) 431 (50%)/431(50%) 62(84%)/12(16%) 102(74%)/36(26°~ PROPOSED CHURCH - 12,500 SQ. FT. (PHASE 1) CHURCH (560) (Based on 1000 Sq. Ft. so x = 12.5 ) Formula = Number of Trips per Time Period Ave. Rate = 9.11 x 12.5 = 114 Weekday Daily Trips Ave. Rate = .72 x 12.5 = 9 Wkdy. AM PK HR of Adj. St. Ave. Rate = .66 x 12.5 = 8 Wkdy. PM PK HR of Adj. St. AC-~:NOA i'r~ 5(54%)/4(46%) ~~'-~/~ ' 4(54%)/4(46%) ~/ Ave. Rate = 36.63 x 12.5 = 458 Sunday Daily Trips 229(50%)/229(50%)^/~ Ave. Rate = 9.49 x 12.5 = 119 Sunday Peak Hr. of Gen. Trips 61(51%)/58(49%) /~)t /'~ 3785 Airport Road North, Suite B-I, Naples, Florida 34105-4518 · Phone: 239-403-8899 · Fax: 239-403-9009 Immokalee Church of the Nazarene TIS December 5, 2003 Page 2 IMPACT IN TRIPS BY PROPOSED REZON1NG - PHASE 1 CHURCH Proposed Trips - Existing Trips = Impact. Enter/Exit 114 - 862 = (-748) Weekday Daily Trips 9 - 74 = (-65) Weekday AM Peak Hour of Adj. St. 8 - 138 = (-130) Weekday PM Peak Hour 458 - 0 = (+458) Sunday Daily Trips 119'- 0 = (+119) Sunday Peak Hr. of Gen. Trips (-374)/(-374) (-57)/(-8) (-98)/(-32) (+229)/(+229) (+61)/(+58) As shown above, the proposed rezoning will substantially reduce the number of weekday trips and the number of weekly trips but will significantly increase the trips on Sundays. Prepared by: Reviewed and Approved by: HOOVER PLANNING & DEV., INC. DAVIDSON ENGINEERING, INC. Bill Hoover, Jeff L. Davidson, PE lip File #331TIS2.1tr 2 MAR 2 3 200 1st ~t. 4th St. 15th th St. A~..N~)A ITEI~ ~ P~.-.~. IOOVER PLANNING & DEVELOPMENT. INC. Rezonings, PUDs, Conditional Uses, Variances, Plan Amendments, Traffic, Parking, & Land Use Studies, Site Planning & Subdivisions Neighborhood Participation Meeting on July 149, 2003 Summary for Immokalee Church of the Nazarene PUD Rezoning As advertised, the meeting started at 6pm and was held at the Florida Rural Legal Services building, 106 2nd Street South, Immokalee. Attendance consisted of Kay Deselem, Collier County Planner, Linda Bedtelyon, Community Planning Coordinator, Aha I. Diaz, of Collier County, Bill Hoover, of Hoover Planning and Development. The following represented the church: Reverend Jean Casnel Paul, Flavel Paul, Robert Buck Jr., Byron E.F. Schortinghouse, and Merle J. Goodrich- No one from the public attended. The meeting adjourned about 6:25pm Summary By: Nicola Weston Hoover Planning & Dev., Inc. Office Coordinator 3 31-ANeighborhoodmeeting Reviewed By: William Hoover, AICP Hoover Planning & Dev., Inc. MAR 2 3 £~.~ , 3785 Airport Road North, Suite B-I, Naples, Florida 34105 ° ?'hone: 239-403-8899 ' Fax: 239-403-9009 NEIGHBORHOOD INFORMATION MEETING (N.I.M.) DATE: ._~_~-. O~ TIME: LOCATION: SUBJECT:-~'~o~/J~7_/~a ~o~ ~'Za~E *IN AN EFFORT TO CONSTANTLY IMPROVE UPON THE PUBLIC NOTIFICATION PROCESS, PLEASE INDICATE NUMBER: HOW WERE YOU INFORMED OF TODAY'S MEETING? 1. Mailing 2. Newspaper ad 3. Other Address Survey # Please Print Name / / AC~qDA rr'F.M P)-~. /7~ MAR 2 3 HOOVER PLANNING & DEVELOPMENTz INC. Rezonings, PUDs, Conditional Uses, Variances, Plan Amendments, Traffic, Parking, & Land Use Studies, Site Planning & Subdivisions June 30, 2003 Ms. Kay Deselem, AICP Collier County Current Planning 2800 N. Horseshoe Drive Naples, FL 34104 RZ-2003-AR-3703 PROJECT #2002020057 DATE: 7/3~03 KAY DESELEM Request for Parking Reduction for the Immokalee Church of the Nazarene Dcm Ms. Deselem: The Immokalee Church of the Nazarene has the property located at the southwest corner of Colorado Avenue and 4th Street South in Immokalee under purchase contract. The site is 1.55 acres and an existing 12,500 commercial building is located there. The Immokalee Church of the Nazarene, is currently located several blocks to the northeast at 110 S. Second Street in Immokalee and requests a reduction in parking based on the following The parking requirements in the LDC were computed for the greater Naples metropolitan area and were based on similar coastal communities in Florida. However, Immokalee is more similar to other internal farming communities, where the standard of living is lower. The Immokalee Church of the Nazarene is primarily comprised of Haitians, who are farm workers or employed by the service industry and many of the parishioners do not own a vehicle. Many of the parishioners live within walking distance of the church. Numerous others live at Farm Workers Village, which makes it convenient for providing bus Attached is a parking study performed by the church for the 10:00 A.M. church service on June 22, 2003. The parking study shows 90 adult parishioners were in attendance for the church service. Twenty-five of the parishioners or 28% drove a vehicle to church, another 25 parishioners or 28% walked to church, 12 or 13% of the parishioners rode in another parishioner's private vehicle, and 28 or 31% of the parishioners rode the church bus. Based on this information the lmmokalee Church of the Nazarene requests a parking reduction fi'om 3 spaces per 7 seats in the sanctuary to 3 spaces per l0 seats in the sanctuary. If you have any questions regarding this request feel welcome to contact us. Sincerely, HOOVER PLANNING & DEV., INC. R E C E I ¥ E O Bill Hoover, AICP MAR 2 3,,. 2001 Hp File #33 i Parkingl.itr p '~t~ g. '// 3785 Airport Road North, Suite B-I, Naples, Florida 34105-4518 ' Phone: 239-403-8899~~70'~ I0 ,e9 ~.~ Immokalee Church of the Nazarene Phone: ( ) Phone: ( ) Transportation: Transportation: Church Bus ['-] Own ["] Friend [-] Walk[~] Church Bus ['~ Own ['-] Friend [~] Walk[~] · v RgB , Phone:( ) Phone: ( ) '-~t~ tAJ Oy'~_~.l~ Transportation: Transportation: Church Bus [--] Own [J~ Friend ["] Walk["] Church Bus ['-'10xvn ~] Friend [-"] Walk['"l kddress: 7o~-V ~) 7 0'"'~ ~ Address: ~. )--o9-6~ fP-ox..cO/ t..a.-x- Transportation: Transportation: ,__g Church }~us ~ Ow. F1 Friend F1 WamF-l Church ~us r~ Own [-1 Friend ~ WalkF-1 Address: I/o.~ ~,C~.C.t~ L,.-u Address: tiv ~ '~'~tC~Cor.-~ ~ Phone: ( ) ~m ~ ~ -~ 5 q t t/2 Phone: ( ) Transportation: Transportation: ^ddress:}lO~ ~Zeoc/L ~.~ Address: 1/ t/.LA }3t4C~CcrtL/~ ~2 /7'~ Phone: ( )~.~ i/c[, 20 q tg %. Phone: ( ) Transportation: Transportation: "g.,. 7-~ Church Bus [-] Own [-'] Friend ~ WalkF-i Church Bus I--1 Own F--I Friend ~ .... Immokalee Church of the Nazarene Nanle: ! ! Address: t ~ ~ ti ~c~[r', L~ Phone: ( ) Transportation: Church Bus [-] Own [~ Friend [] Walk[--] Phone: ( ) Transportation: Naine: Address: ~-00 ~°~m Phone: (2.gcC) ~.~-p Transportation: Church Bus [-] '? o-.C4 Own ['~ Friend [-] Walk[-] Name: Address: ~.) ~ Phone: (~.~) Transportation: Church Bus Own [] Friend [--I Walk[--] il Z) Z. t4,cg.oc/Z z.~ T.,.,~ ~[;O/pZ. Address: Phone: (2..5~) %~"} 02..Og Transportation: Church Bus r-] Own r'-I Friend [J~] Walk[--] Name: Address: Phone: ( ) Transportation: Church Bus [-'] Own [--] Friend [-'l Walk[~ Phone: ( ) Transportation: Church Bus [-] Own ['-i Friend [--! Walk[~ Address: Phone: ( ) Transportation: Church Bus r-] own [-'] Friend [] Walk[~ Sallie: Address: ~ o9- q Phone: (2.5~) Transportation: Church Bus [-] ow~ [3 Friend El wm[Kl Name: Address: !i03 Phone: (g3~) Transportation: Church Bus r-] Own[~] Frien~ I I WalkL.J -~- .... 1 Immokalee Church of the Nazarene Phone: ( ) Phone: ( ) Transportation: Transportation: Church Bus ['-] Own [--] Friend [-~ Walk[-] Church Bus ~] Own [--] Friend [--] Walk["] Phone: ( ) ~ % '4 { t/a~ Phone: ( ) Transporta~o~n.' Transportation: Church Bus~ Own [-] Friend [--i Walk['-I Church Bus [~ Own [-] Friend [--1 Walk[-] Address: ~ ~'~-'"C" C~t r,9 Phone: ( )-- Phone: ( ) Transportation: Transportation: Church Sus ~ Ow~ [] Fdend [3 W~E] Church Susl~l Ow~ El Friend El Address: %O/ ~~ ~ <3'+ Address: q26, ~.r~lC.~,4~ Phone: ( ) Phone: ( ) Transportation: Transportation: Church Bus [-] Own [-] Friend ~ WalkF-I Church Bus [~] Own ['-] Friend [-3 Walk[--] Phone: ( ) ~ q ~\\ a 3 ~' Phone: ( ) MA[~ 2 ~ 2001 rransportation: Transportation: Church Bus ~] Own[---i Friend[-] Walk[-] ChurchSus~ Own[~] Friend~_ Immokalee Church of the Nazarene Phone: (23't)~7-7O0'Z Phone: ( f'-T~v~v~. Transportation: Church Bus 1--1 Own [-~ Name: /~-D/9 Address: Friend r'-] Walk[-] Phone: Transportation: Church Bus Name: Address: IOl'- Phone: ( ) Transportation: Church Bus [-] Own [-I Friend ~] Walk[--] Own [2~ Friend ["-] Walk["] Address: Phone: (Z3~) ~.~ 2.-'7 Transportation: Church Bus [-] Own [-1 Friend ~] Walk[~ Transportation: Church Bus ~] Own ['-I Friend[--] Walk["] Address: i g,:,,D..C~ ~ -t--c~ r~ u3oyEo_f v3o.~ / Phone: ( ) Transportation: Church Bus [--I Own l~ Friend [-] Walk[--] Address: Phone: ( Transportation: Church Bus [~ Own [--] Friend ~] Walk[--] Phone: (~3Ot) Transportation: Chu~h .u~ lEI Ow. V] Priend V1 Walk[3 Name: Address: 567 Phone: (9-~) Transportation: Church Bus [-] Address: ,~_'~O ~4Op-~ ~ Phone: ( ) Own [--] Friend [--1 Walk~] Transportation: Church Bus ~ Own A~A '~-. / 7~ MAR 2 3 ,,, 7'/ Friend [5] Immokalee Churc, h of the Nazarene Address: 60/ ~ho=: ( )~~ ~~ d/~ Tr~spo~fion: Tr~o~afion: Ch~ch Bus E ~ ~ Friend E Wa~ ~ch Bm E ~ ~ Fdhd E W~ Tr~spo~afion: Tr~omfion: Ch~ch Bas E O~ Ad.ess: ~ q ~ Phone: ( ) Phone: ( ) Tr~spo~ation: Tr~po~afion: Church Bus ~ 0~ ~ Friend ~ Wa~ Ch~ch Bus ~ ~ ~ Friend ~ Wa~ Phone: ( ) Phone: ( ) Tmspo~ation: Tr~o~afion: Ch~ch Bus ~ ~ ffi Friend ~ W~ Ch~ch Bus ~ ~ D Fdmd ffi W~ phone: ( ) mho=:( ) ~~, Q~ Ilo ~,,._ 7.7 Tr~spo~ation: Tr~o2ation: Ch~ch Bus ~ ~ ~ Friend ~ Wa~ Chinch Bus ~ ~ ~ Ffimd ~ W~ Immokalee Church of the Nazarene Phone: (~,~) ~:1~-'~ ~)~/~ Transportation: Church Bus [-'] Own [~ Friend [-'] Walkr-] Addr,,~: 5'7 !, 0~ ~0 ~ Phone: Transportation: Church Bus F-I ownE Friend [--] Walk[--] Address: Phone: Transportation: Church Bus ['-] Own [--'] Friend [~ Walk[~ Name: Address: Phone: Tr~sponation: Ch~ch B~ ~ Om ~ Friend ~ W~ Name: /'~/d~ ~'~/"~ ~ame:--q 0 Address: gO-9 '~OkOa, v' Friend I-'l Wall~ Phone: ( ) Transportation: Phone: (2gq) b~-"} ~'lD:~-> Transportation: Church Bus []3 Own ~] Friend F-] Walkri Address: Phone: Transportation: Church Bus [~] Own [-] Friend [-'] Walk[--] Address: ~2o~/29a J~ ~;t~ ~'/O/ Phone: ( ) Transportation: Church Bus [~] Own [-I Friend ['-] Walk[]~ Address: Phone: ( ) Transportation: Church Bus [-] Own ['l. Friend [-] Walk[~ Address: Phone: ( ) Transportation: Church Bus {'--1 Own [--1 Frier MAR 2 3 Immokalee Church of the Nazarene Phone: ( ) Phone:(~q) Transportation: Transportation: Church Bus [~ Own [-~ Friend [--] W~ Ch~ch Bm Phone: (LSd)~_ ~~ Phone: (~q) Tr~sponation: Tr~onation: Chur~ ~u~ E O~ E Friend ~ W~aE Ch~ ~ Ad.ess: !/79 ~m.~m-~~o~,./. Ad.ess: Phone: (~3 ~ )~.~ ~ Phone: ( Tr~spo~ation: Tr~o~on: Church Bus ~ O~ ~ F~ena ~ W~ Ch~ch Bus Phone: (~)0~7q)~7 Phone: Tr~oaation: Trm~o~afion: Ch~ch Bus ~ ~ ~ Friend ~ Wm~ ~ch Bus Tr~sponation: Tr~onation: Ch~ch B~ ~ ~ ~ r~end ~ W~ Ch~ch Bus Immokalee Church of the Nazarene Phone: (;2-~,'t)(o~'-~ q¢,7l Transportation: Church Bus [] Own J-'] Friend J-'J WalkE] Address: Phone: Transportation: Church Bus [~ Own C-] Friend 0 Walkr"J Phone: (IZ~Sq) 6~--'~ ~- {:>27/ Transportation: Church ~us FI Ow~ ~3 Friend ~ WalkO Phone: Transportation: Church Bus C"J Own [] Friend E] WalkE] Phone: (~.~q) ro[-O _ ).-6q 0 Transportation: Church Bus [~ Own J-] Friend [--] WalkJ--J Address: 7~7 Phone: Transportation: Church Bus [~ Own J--J Friend J-'] WalkE] Address: Phone: Transportation: Church Bus [~ Own E] Friend r-'l Walk[-] Name: Address: Phone: Transportation: Church Bus ~] Own E] Friend [-] WalkCJ Address: o9-2 t.7//CflK2~~./..~Z/~Ov~ d Phone: ( ) Transportation: Church Bus ~] Own J--J Friend CJ WalkCJ Address: ~j~ E Phone: ( ) Transportation: Church Bus E] ow~ 0 Friend 5-'1 MAR 2 3 2or Immokalee Church of the Nazarene Phone: ( )~.2~fie._ '-~-~~ '~ Phone: ( ) Transportation: Transportation: Church Bus [~] Own ~ Friend I--! Walk[-] Church Bus [-] Own ['-] Friend I-] Walkl~] Address: 5l(a /~t~"~c-~ C'9'O~_ Address:~o78:d/~j..tO ~r~tS~ Phone: ( ) --'~w m 'i '~1' '$ q'l ~ 2,, Phone: ( ) :3 Transportation: ~] Transportation: Church Bus ['] Own [-7] Friend Walk[~] Church Bus F-1 Own I-1 Friend I-] Walk[~ Phone: ( ) Phone: ( ) 'Transportation: Transportation: Church Bus J~] Own [-'] Friend [-1 WalkV-] Church Bus [-] Own [--] Friend [-'] Walk[~ Address: 30//~_.~~ ...a~-~d S~..2-- Address: ~ O '~ ~ "'~rd ~'~' Phone: ( ) Phone: ( ) Transportation: Transportation: Church Bus [-] Own ~ Friend I-] Walk[-] Church Bus I-'I Own ['l Friend [-I Walk[~ Phone: ( ) Phone: (2t'~) ~*-~-- 9.2.~"~ MA[~2 3 200t~ Transportation: Transportation: _~_~.,~ 7 (~ Church Bus [-] Own [~] Friend O Walk[2~'] Church Bus [--1 Own [-1 Friend [.3 HOOVER. PLANNING & DEVELOPMENT INC. Rezonings, PUDs, Conditional Uses, Variances, Plan Amendments, Traffic, Parking, & Land Use Studies, Site Planning & Subdivisions June 30, 2003 Ms. Kay Deselem, AICP Collier County Current Planning 2800 N. Horseshoe Drive Naples, FL 34104 RE-SUBMITTAL RZ-2003-AR-3703 PROJECT 112002020057 DATE: 7/3/03 KAY DESELEM Resubmittal of Immokalee Church of the Nazarene - Rezoning from "Public" Zoning to "Community Facility" Zoning (AR-3703) Dear Ms. Deselem: Proiect Summary: The subject site is 1.55 acres and is located at the southwest comer of Colorado Avenue and 4~ Street South in Immokalee. The lmmokalee Church of the Nazarene, that is currently located at 110 S. Second Street in lmmokalee has the site under purchase contract and desires to relocate their church facilities to the subject property. The northern parcel of the subject property has a 12,500 square foot commercial building and parking on it and was most recently utilized by HRS as a social services/welfare office. The northern portion of the southern parcel has asphalt parking on it and the remainder has been cleared and grassed. This letter is in response to your detailed letter dated 3-19-03, and we have responded in the same order of your letter (copy attached for your convenience). Current Planning Items 1. - 4.: The applicant is seeking a "straight" rezoning and agrees to limit the "Community Facility" zoning district's principal uses in this request to a church/house of worship. Customary accessory uses for a church/house of worship are also requested and should be applicable. The applicant has obfained a new survey and we have a provided a detailed site plan showing the existing building and site layout. Item 5. - There are no road cross sections shown on the site plan as all roads are existin~g and no roads are proposed. Item 6. - There are no lake cross sections shown on the site plan as the 1.55-acre site is too small to have a lake and no lakes are proposed. Additionally, no additional The Evaluation Criteria, per Section 2.7.2.5 of the LDC are attached as Exhibit "A". MAR 2 3 Addressing A request to correct the current address has been submitted to Peggy JarreH, in County Addressing Department (copy attached as Exhibit "B"). 3785 Airport Road North, Suite B-I, Naples, Florida 34105-4518 ° Phone: 239-403-8899 · Fax: 239-403-9009 Ms. Kay Deselem Resubmittal of AR-3703 June 30, 2003 Access Management Considerations - Item 1. We do not believe turn lanes are necessary for the down-zoning of the subject property. The proposed use will generate substantially less traffic during the weekday AM and PM Peak Hours than the previous use of the existing building as a HRS social services/welfare office building. Additionally, both Colorado Avenue and 4ta Street South had very minimal traffic on our site visits to the subject site. The attached "Request for Parking Reduction" documents the minimal traffic the lmmokalee Church of the Nazarene generates at their current facility, located several blocks to the' northeast of the'subject site, where only 28% of the parishioners drove to the church service and 59% of the parishioners either walked or rode the Church bus. If the County Transportation staff does not agree with our request, the applicant desires to appeal this to the County Commissioners. Item 2. We have deleted such driveway. Item 3. We disagree with County staff on deleting this driveway as we feel it will create more traffic issues than it would potentially solve. If the County T~nsportafion staff does not agree with our request, the applicant desires to appeal this to the County Commissioners. Sidewalks and sign/striping plans have been shown on the new site plan as requested. TIS Requirements - The TIS dated 4-5-03 shows the existing facility of 12,500 square feet would generate 119 Sunday peak hour trips if this were a customary church. However, the June 22, 2003 parking study shows only 25 parishioners drove a car to the Sunday worship service. Essentially, much of the difference can be attributed that the facility is much larger than what a typical congregation of 90 parishioners would have or need. Stormwater Management The new site plan should be sufficiently legible to allow staff to complete their review. We do not object to their initial condition of approval that states, "ff applicable, existing or proposed easements for Collier County Stormwater facilities shall be maintained five of landscaping, berms or any other kind of obstacles that would impede adequate access to maintenance crews and equipment." Current Planning The new site plan should provide the requested information. neighborhood meeting has been setup for the evening of July 14, 2003. Additionally, a If you have any questions regarding this resubmittal please feel welcome to contact Sincerely, HOOVER PLANNING & DEV., INC. Bill Hoover, AICP HP File #331Resub] AC~A ~ MAR 2 3 pg" EXHIBIT "B-1" HOOVER PLANNING & DEVELOPMENT INC. Rezonings, PUDs, Conditional Uses, Variances, Plan Amendments, Traffic, Parking, & Land Use Studies, Site Planning & Subdivisions June 30, 2003 Ms. Peggy Jarrell Collier County Addressing 2800 N. Horseshoe Drive Naples, FL 34104 ?,E-SUBMITTAl. RZ-2003-AR-370~ PROJECT #2002020057 DATE: 7/3/03 KAY DESELEM Request for Change of Address for AR-3703 for Proposed New Site of Immokalee Church of the Nazarene Dear Ms. Jarrell: The subject property is located at the southwest comer of Colorado Avenue and 4t~ Street South in Immokalee. A map is attached for your convenience. You previously said the existing address of 401 Colorado Avenue, Immokalee was incorrect as it should be an even number. Would you provide us a corrected number for this existing building, that previously housed a HRS office for social services/welfare. Upon assignment of the corrected number would you advise the project planner, Kay Deselem, that Petition AR-3703 is now sufficient regarding addressing issues. Thanks and if you have any questions feel welcome to contact me. Sincerely, HOOVER PLANNING & DEV., INC. Bill Hoover, AICP RE: liP #33 laddr~s.ltr MAR 2 3 3785 Airport Road North, Suite B-I, Naples, Florida 34105-4518 · Phone: 239-403-8899 ° Fax: 239-403-9009 HOOVER PLANNING & DEVELOPMENT INC. Rezonings, PUDs, Conditional Uses, Variances, Plan Amendments, Traffic, Parking, & Land Use Studies, Site Planning & Subdivisions January 21, 2003 Current Planning 2800 N. Horseshoe Drive Naples, FL 34104 Rezoning of 1.55 Acres of Land at 401 S. Colorado Avenue, !mmokalee, Florida bom the Public Use Zoning District to the Community Facility Zoning District Dear Ms. Deselem: The northern parcel of the subject property has a 12,500 square foot commercial building and parking on it and was most recently utilized by I-IRS as a social services/welfare office. The northern portion of the southern parcel has asphalt parking on it and the remainder has been cleared and grassed and was designated for a future 6,900 square foot building on the site plans that accompanied the previous rezoning of the property to Public Use (R-93-6). The Immokalee Church of the Nazarene, that is currently located at 110 S. Second Street, Immokalee has the site under purchase contract and desires to relocate their church to the site. Due to the economics of Immokalee most of the church's parishioners live in the vicinity and walk, carpool, or arrive by one of the two church vans. ff the County reviewing staff members have any questions they are welcome to contact us. Sincerely, HOOVER PLANNING & DEV., INC. Bill Hoover, I-IP File #33 In,rtl.Itt RZ-2003-AR-3703 PROJECT #2002020057 DATE: 2/18/03 KAY DESELEM 3785 Airport Road North, Suite B-I, Naples, Florida 34105 ° Phone: 239.403-8899 ° Fax: 239-403-9009 AOENDA MAR 2 LAND USE PETITION PRE-APPLICATION MEETING NOTES & SUBMITTAL CHECKLIST Date: 2,(23[{7-~.- Time: [O--~n Planner: Project Addr/Location: Applicant Name: Phone: Type of Petition: Current Zonin g."'"~ U~r>~t C~ Owner Name: Owner Address: Meeting Attendees: Phone: SUBMI'i'rAL REQUIREMENTS: [] [] [] [] [] D [] Legal Description Site Plan 24 X 36 plus (one 8 ~ X ~ J ~py) Appli~tion (~mpleted & signe~) Deed or ~ntra~ for sale ~C~ Pre-appli~tion meeting notes Addressing Checklist signed by Addressing Dept. Cover le~er briefly explaining the project Owner/Agent Affidavit, signed and notarized 1 ~, Application and Review Fees Boundary Survey Aedal Photograph Traffic Impact Statement (TIS), or waiver Transportation Review Required Environmental Impact Statement (EIS)(~aiver. Statement of utility provisions Historical and Archeological Surve~aiver []/~,~ Architectural rendering of any proposed structures OTHER REQUIREMENTS: NOTES: Date: Agent/Owner Signature 2 PRE-APPLICATION MEETING SIGN IN SHEET Project Name Date of Meeting PLEASE PRi'NT Name Division/Dept Regarding Phone Number ~9 C:\Documents and Settings\deselemkay\My Documents\forms\Pre-App sign in sheet.doc 1/29/02 ADDRESSlN~ CHECKI, IST Please complete the following ~ submit to the Addressing Section for Review. Not all iterm will ap~lv to cve~ oroiect, It ~ns in bold t~)e are required. I. Legal d~seription of subject property or properties (copy of lengthy description may be attached) 2. Folio (Property ID) number(s) of above (attach to, or associate with, legal description if more than one) 3. Street address or addresses (as applicable, if already assigned) 4. Location map, showing exact location of project/site in relation to nearest public road right-of-way (attach) 5. Copy of survey (NEEDED ONLY FOR UNPLATTED PROPERTIES) 6. Proposed project name (if applicable) 7. Proposed Street names (OCapplicable) 8. Site Development Plan Numtm (FOR EXISTING PROJECtS/SITES ONLY) SDP - 9. Petition Tyl~ - (Con~plete a separate Addressing Checklist for each Petition Type) [] SDP (Site Development Plan) [-~ SDPA (SDP Amen~) [-"[ SDPI (SDP Insubstantial Change) [] SIP (Site Improvement Plan) r"] SIPA (SIP Amendment) [] (street Same change) [] Vegetation/Exotic (Veg. Removal Permits) ['"] Land Use Petition (Variance, Conditional Use, Boat Dock Ext., Rezone, PUD rezone, etc.) [] PPL (Plans & Plat Review) E~ PSP (Prelimhaary Subdivision Plat) [] FP (FinalPlat) [] LLA (Lot Linc Adjustnmat) [] BL (Blasting Permit) [] ROW (Right-of-Way Permit) ]-'l EXP (F_~xcavation Permit) [] VRSFP 0leg. Removal & Site Fill Permit) [~] Oth~ - Descn~oe: 10. Project or develolnnent names proposed for, or already appearing in, condominium documents (if applicable; indicate whether proposed or existing) 11. Please Check One: [] Checklist is to be Faxed Back r'] Personally Picked Up 12. Applicant Name '~'"~rx ~_..'-"~o.o ~ Phone Fax 13. Signature on Addressing Checklist does not constitute Project and/or Street Name approval and is subject to further review by the Addressing Section. FOR STAFF USE ONLY Primary Number Addreza Number Address Number Address Ntunber Approved by. Date MAR 2 3 Subject Site for Proposed Immokalee Church of the Nazarene RZ-2003-AR-3703 PROJECT #2002020057 DATE: 2/18/03 KAY DESELEM http://gi s.collierappraiser.com/website-/ccpa_design/MapF~¢.h~ Ae/.J~A I~AR 2 3 200~. 12/7/2002 August 27, 2003 COLLIER COUNTY GOVERNMENT Comm*3ni~y Development and Environmental Services Division Planning Services Department - 2800 North Horseshoe Drive · Naples, Florida 34104 Mr. William L. Hoover, AICP Hoover Planning and Development Inc. 3785 Airport Road North, Suite B-1 Naples, FL 34105 RE: RZ-2003-AR-3703 - IMMOKALEE CHURCH OF THE NAZARENE Dear Mr. Hoover: The following comments are provided to you regarding the above referenced project based upon the resubmittal accepted on July 3, 2003. If you have questions, please contact the appropriate staff member who conducted the review. The project will retain a "HOLD" status until all comments are satisfied. CURRENT PLANNING---Ka Deselem 1. A site plan is not necessarily required for a conventional rczoning petition, however if you wish staff to consider a site plan, it must include the entire subject property and bc in compliance with the LDC. Staff cannot find this rcsubmi~al "complete" and schedule public hearings based upon this site plan. Therc'seem to be some inconsistencies in the submittal information and some things missing on the site plan. The TIS received on 2/18/03 indicates that there arc TWO phases and an additional building proposed for a total of 25,000 square feet of leasable area. None of that information is reflected on the site plan submitted on 7/3/03. Contrary tO what is noted on page two of the June 30, 2003 letter, the Trip Generation information stamped received 2/18/03 does not appear to address Sunday trips; it only addresses weekday trips. Alan says he needs the SundaY information. The "TIS Requirements" paragraph of your June 30, 2003 letter references "a typical congregation of 90 parishioners." However the information seeking a reduction in parking and the site plan itself implies that the church seeks to have a congregation of 220 parishioners. Sidewalks have not been shown along Colorado or 4th Street. 2nd review letter 8-27-03.rtf Page I of 3 C o I i e ,' G o ~ t y ph,~., tg'lO~ d133-2400 Fax (239) 643-6968 www.colliergov.net Letter to Mr. William A. Hoover, AICP RE: Immokalee Church of the Nazarene, RZ.2003-AR-3703 August 27, 2003 An issue has arisen. The existing structure is not in compliance with the setback requirements for the proposed zoning district. A 25-foot wide front (street) setback is required along 5th Street in the proposed CF district. All structures (including the covered concrete sidewalk) would need to set back that distance. It appears that the setback from the property line to the covered sidewalk is only 10 feet and the setback to the structure is only 20 feet. You need to seek a variance in conjunction with this rezoning to use the existing structure. A site plan would be required for that variance. Again, the site plan should be in compliance with the LDC in any respect not included in a variance request or staff would not support the variance without including numerous stipulations/conditions to address changes that would need to be made prior to development approval (SDP/SIP). Regarding the request for parking reduction, the request for a reduction in parking does not include any information about other structures that may be placed on site; it implies that the existing building would be the only use. Please explain why would it be appropriate to allow additional development on site that could trigger the need for additional parking when that same land could be used to provide the required parking. Will all/any other uses on site comply with the parking that is required? How much seating will the existing facility accommodate? LANDSCAPE PLANNINC Mike Sawyer If this application will include a site plan, please provide/address the following: 1. The plan provided does not include the lower south portion of the site. 2. The site plan must show how LDC 2.4. landscape standards are going to be met dimensionally to the greatest extent possible because of the reuse of an existing site/building. Some requirements may have to be displaced. This information can be provided with notes and dimensionally indicated on the revised site plan. 3. Indicate all required and proposed sidewalks, vehicular use areas, and other hard surface elements. ENGR TRANSPORTATION--Ed Kant & Alan El'Urfali 1. Sidewalks/Bike paths: Please show the proposed sidewalks, as previously requested. 2. TIS Requirements: Please provide trip generation rates for Sunday peak hour, as previously requested. The following comments were received~ are informational and/or maF include stipulations: ADDRESSING---Peeev Jarrell Addressing will need to know which street the building faces. ' STORMWATER MANAGEMENT---~uly Minor ~f applicable, existing or proposed easements for Collier County Stormwater facilities shall be maintained free of landscaping, berms or any other kind of obstacles that would impede adequate access to maintenance crews and equipment. Please respond to the issues noted above. This petition will not be scheduled for issues are resolved. Although you are encouraged to contact each staff memb 2nd review letter 8-27-03.rtf Page 2 of 3 R23200 Letter to Mr. William A. Hoover, AICP RE: Immokalee Church of the Nazarene, RZ-2003-AR-3703 August 27, 2003 resolve issues prior to any resubmittal, please refrain from resubmitting to any individual staff member. All resubmittals should come to Current Planning. If you have any questions, please contact me at (239) 403-2400. Sincerely, Kay Deselem, AICP Principal Planner Current Planning CC: via e-mail Peggy Jarrell, Addressing July Minor, Stormwater Management Mike Sawyer, Landscaping Review Ed Kant, Transportation Planning Alan El'Urfali, Transportation Planning xc: Owner Immokalee Church Of The Nazarene 110 S. Second St., Immokalee, FL 34142 2nd review letter 8-27-03.rtf Page 3 of 3 .4 COLLIER COUNTY GOVERNMENT COMMUNI~ DEVELOPMENT AND ENVIRONMENTAL SERVICES DMSION March 19, 2003 Mr. William L. Hoover, AICP Hoover Platming and Development Inc. 3785 Airport Road North, Suite B-I Naples, FL 34105 PLANNING SERVICF_~ DEPARTMENT 2800 NORTH HORSESHOE DRIVE NAPLES, FL 34104 RE: RZ-2003-AR-3703 - IMMOKALEE CHURCH OF THE NAZARENE Dear Mr. Hoover: The following comments are provided to you regarding the above referenced project. If you have questions, please contact the appropriate staff member who conducted the review. The project will retain a "HOLD" status until all comments are satisfied. CURRENT PLANNING: Kay Deselem Review Site Plan - Plan should show the following info: 1. It is not clear fi.om the application whether you are seeking a "straight" rezoning from P to CF, or whether you are seeking a specific use, i.e., church / house of worship as the ONLY use within the CF zoning district. If you are seeking a straight rezoning to allow any use in CF, the site plan is premature and can be used as information only in YOUR presentation. Staff will not attach it to the ordinance nor will the approval, if approval is warranted, be conditioned to the site plan. If however, you are seeking a specific use, then the site plan must be consistent with the requirements of the application. 2. If a site plan is an element of this petition, please note that a site plan must be provided that is legible. As noted to the agent in an e-mail message on 2/20/03, the site plan is illegible. (A reduced copy was found in the file, but it too, is illegible.) Please provide full sized and reduced sized copies that are legible. 3. The full review of the site plan cannot be completed until the legible copy is provided. 4. In addition, no review of the site plan will be conducted until staff is advised whether this is a use specific request. 5. Road cross sections. None provided. Please provide this information on the site plan. In addition, no review of the site plan will be conducted until staffis advised whether this is a use specific request. 6. Lake cross sections. Not provided. Please provide the required information on the sil addition, no review of the site plan will be conducted until staff whether this is a use specific request. Review & analyze for consistency w/required findings pursuant to LDC §(2.7.2.5 letter of insufficiency 1 st r~view 3-19-03.rtf Parc plafigo~ MAR 2 3 2004 Phone (941) 403-2400 Fax (941) 643-6968 ww~v. colliergov, net The considerat~ous were listed, but no evaluation was provided. Staff therefore cannot review the application. Please provide the required narrative statement. ADDI~I~.SSING: Pegc, v Jarrell The existing business of 401 Colorado Ave should be an even number. Address needs to be changed. Please contact Ms. Jarrell. TRANSPORTATION: Russ Muller & Gre~ Gareia Access Management Considerations 1. Need to show turn lane improvement. 2. Need to eliminate driveway shown on N.E. comer off 4th Street South. 3. Need to eliminate driveway shown on N.W. comer off Colorado Avenue. SidewalksfBike paths Show sidewalks along roadways & connections to buildings. Signing/Striping Requirements Provide si~fing/marking plan (including handicap). TIS Requirements Please provide trip generation rates for Sunday peak hour. STORMWA~R MGMT: July Minor_ This submittal was inadequate. The plans are very difficult to read. Once an adequate submittal is made, a full review will be done and a final list will be compiled. The following comments were received~ are informational and/or maF include stipulations: CURRENT PLANNING: The Site Plan is not legible enough to review for the following issues. In addition, no review of the site plan will be conducted until staff is advised whether this is a usc specie request. a. Locations of all proposed points of ingress 8: egress. b. Location of internal road network & site circulation pattern. c. Location of Development pods & details of type of development proposed.. f. Details of Landscape buffering, location & width. g. Location of water management areas. h. Location of Lakes and waterways. k. proposed landscape buffer cross sections. 1. Acreages of all land use types (should add to total site acreage). m. Adjacent external rights-of-way. r. Location & function of all areas proposed for dedication or to be reserved for community & or/public use. s. Overall acreage, proposed gross density, gross leasable floor area. HISTORICAL pLANNING--Ray Bellows Stipulations for Approval Letter-Subject to Section 2.2.25.8.1 of the LDC. STORMWATR MGMT--July Minor letter of insufficiency 1st review 3-19-03.rtf Page If applicable, existing or proposed easements for Collier County Stormwater facilities shall be maintained free of landscaping, berms or any other kind of obstacles that would impede adequate access to maintenance crews and equipment. Environmental Planning review (Klm Hadley) is still pending. Review comments should be available on line shortly. Please respond to the issues noted above. This petition will not be scheduled for heatings until the issues are resolved. Although you are encouraged to contact each staff member individually to resolve issues prior to any resubmittal, please refi'ain from resubmitting to any individual staff member. All resubmittals should come to Current Planning. If you have any questions, please contact me at (239) 403-2400. Sincerely, Kay Deselem, AICP Principal Planner Current Planning via e-mail Peggy Jarrell, Addressing July Minor, Stormwater Management Klm Hadley, Environmental Planning Russ Muller, Transportation Planning Greg Garcia, Transportation Plmaning MAR 2 3 letter of insufficiency 1st review 3-19-03xtf Page 3 of 3 To: From: Date: Subject: Memorandum Kay Deselem AICP, Principal Planner, Current Planning Section Jean Jourdan, Planner, Comprehensive Planning Section~~. March 13, 2003 Immokalee Area Master Plan (lAMP) Consistency Review PETITION NUMBER: RZ-2003-AR-3703 PETITION NAME: Immokalee Church of the Nazarene REQUEST: To rezone the subject 1.55 acre site from "P' (Public Use District) to "CF' (Community Facility District) to permit a church. LOCATION: Located on the southwest corner of the intersection of Colorado Avenue and 4a Street South, in Section 4,Township 47S, Range 29E, Immokalee. COMPREHENSIVE PLANNING COMMENTS: The subject property is designated Urban (Commerce Center Mixed Use District), on the Immokalee Area Master Plan Future Land Use Map of the Growth Management Plan. Relevant to this petition, the purpose of this designation is to create a major activity center that services the entire Immokalee Urban Designated area and surrounding agricultural area. The Mixed-Use District shall function as an employment center and shall encourage commercial and institutional uses. Uses permitted within this Subdistrict shall include shopping center, governmental institutions, middle or high school, community park and other employment generating uses. The Mixed-Use District permits institutional uses which includes churches. Comprehensive Planning leaves the determination of compatibility to Current Planning staff as part of their review of the petition in its totality. CONCLUSION: Based upon the above analysis, staff concludes the proposed uses for the subject site can be deemed consistent with the Immokalee Area Master Plan. cc: Marga~t Wuetstle, AICP, Planning Services Director Susan Murray, AICP, Cun~nt Planning Manager Start Litsing~r, AICP, Comprehensive Planning Manager MAR 2 3 Community Development & Environmental Services Division, Planning Services Department, Comprehensive Planning Section ORDINANCE NO. 04- AN ORDINANCE AMENq)ING ORDINANCE NUMBER 91-102, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE TO AMEND OFFICIAL ZONING ATLAS MAP NUMBERED 7904S BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCPd]3ED SUBJECT PROPERTY LOCATED AT THE oOUTHWEST CORNER OF COLORADO AVENUE AND 4TH STREET SOUTH IN SECTION 4, TOWNSHIP 47 SOUTH, RANGE 29 EAST, COLLIER COUNTY, FLORIDA, FROM THE "P" PIYBLIC USE ZONING DISTRICT TO THE "CF" COMMUNITY FACILITY ZONING DISTRICT TO ALLOW A CHURCH AND HOUSE OF WORSHIP .a2qD ACCESSORY USES TO THOSE USES ONLY; PROVIDING FOR STIPULATIONS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, William L. Hoover, AICP, of Hoover Planning and Development, representing Immokalee Church of the Nazarene, in petition number RZo2003-AR-3703, 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 COL.rNTY, FLORiDA, THAT: SECTION ONE: The zoning classification of the real property as more particularly described by Exhibit "A," attached hereto and incorporated by reference herein, and located in Section 4, Township 47 South, Range 29 East, Collier County, Florida, is changed fi.om "P" Public Use, to "CF" Community Facility to allow a church and house of worship and accessory uses to those uses only, and the Official Zoning Atlas Map numbered 79flaS, as described in Ordinance 91 102, the Collier County kand Development Code is hereby amended accordingly, including stipulations as set forth in Exhibit "B," attached hereto and incorporated by reference herein. The herein described real property is the same for x~hich the rezone is hereby approved Page 1 o! 2 MAR 7 3 SECTION TWO: This Ordinance shall become effective upon filing with the Department of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this ___ day o£ ,2004. ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORII)A Deputy Clerk BY: DONNA FIALA, CHAIRMAN APPROVED AS TO FORM ANq) LEGAL SUFFICIENCY Patrick ~. White Assistant County Attorney Exhibit ,*: Legal Description Exhibit B: Stipulations Page 2 of 2 MAR 2 3 20Oft ,. LEGAL DESCRIPTION THE WEST 190 FEET OF THE NORTH 1/2 OF THE SOUTHEAST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 4, TOWNSHIP 47 SOUTH, RANGE 29 EAST COLLIER COUNTY, FLOR/DA, MORE PARTICULARLY DESCRIBED BY SURVEY-AS FOLLOWS: BEGINNING A T THE NOR THWEST CORNER OF THE SOUTHEAST 1/4 OF THE SOUTHEAST 1/4 OF SAID SECT/ON 4, TOWNSHIP 47 SOUTH, RANGE 29 EAST, THENCE AL ONG THE CENTERLINE OF COL ORADO A VENUE N89°26'05'' EAST 197.30 FEET TO THE WEST RIGHT-OF-WA Y LINE OF 4TH. STREET, SOUTH; THENCE ALONG SAID RIGHT-OF-WA Y LINE S00°58'18" EAST 443. 14 FEET; THENCE S89°32'06'' WEST 198.31 FEET TO THE' CENTERLINE OF 5TH. STREET, SOUTH; THENCE N00°50'26'' WEST 442. 79 FEET TO THE POINT OF BEGINNING, LESS THE RIGHT-OF-WA Y OF COLORADO A VENUE. Immokalee Church of the Nazarene RZ-2003-AR-: Exhi~ IMMOKALEE CHURCH OF THE NAZARENE REZONE 1. Until additional church parking is provided, seating in the sanctuary for any church service is limited to a maximum of 220 seats. A Church/House of Worship is the only principal permitted use on the subject property. Any additional structures must be part of the principal use or limited uses customarily ancillary or accessory to a church/house of worship use. The owner must bring the parking into LDC compliance, to include but not be limited to, the number of spaces; dimensions; provision of wheel stops; and proper aisle width allowances; for any expansion of this use or if any additional structures, either temporary or permanent, are placed on site prior to the issuance of a certificate of occupancy for new structures; and 2. The Church/House of Worship use on this property must be in compliance with the site plan, prepared June 2001, last revised November 2003, and stamped received January 26, 2004; and 3. The reduction in parking shown on the site plan referenced above is approved subject to the conditions set forth below and as further explained in the August 27, 2003, letter to William Hoover from Susan Murray: a) Bus/van transportation must be provided by the church for worship services and any other function that could generate large number of vehicles; and b) All parking for church functions must be contained within the parking lot; parking along the right-of-way is prohibited; and c) The church must maintain an active program that provides periodic reminders to the congregation to encourage ride sharing; and d) The existing parking spaces must be brought into compliance with code to the maximum extent possible; and 4. The use of this site for a church is contingent upon approval of, and adherence to, the variance approval of VA-2003-AR-4708. This project must be in compliance with all other provisions of the LDC. REVISED: February 20, 2004 2 3 200q Conditions of Approval Exhibit B RZ-2003-AR-3703 EXECUTIVE SUMMARY VA-2003-AR-4708 WILLIAM L. HOOVER, AICP, OF HOOVER PLANNING & DEVELOPMENT, INC., REPRESENTING IMMOKALEE CHURCH OF THE NAZARENE, REQUESTING VARIANCES FROM LDC SECTION 2.2.19.4.3.1., IN THE COMMUNITY FACILITIES "CF" ZONING DISTRICT, FROM THE 25-FOOT MINIMUM FRONT YARD SETBACK TO ALLOW A 10.1-FOOT SETBACK FOR AN EXISTING COVERED SIDEWALK, AND A 20.1-FOOT SETBACK FOR THE EXISTING BUILDING LOCATED AT THE SOUTHWEST CORNER OF THE INTERSECTION BETWEEN COLORADO AVENUE AND 4TH STREET SOUTH IN IMMOKALEE, IN SECTION 4, TOWNSHIP 47 SOUTH, RANGE 29 EAST, COLLIER COUNTY, FLORIDA CONSISTING OF 1.554- ACRES. (COMPANION ITEM TO RZ-2003-AR-3703) OBJECTIVE: The petitioner is requesting variances from the setbacks applicable to the Community Facilities "CF" zoning district in conjunction with a petition to rezone the property from Public "P" to "CF," in a companion item, RZ-2003-AR-3703. Specifically, the petitioner is seeking a 14.9-foot variance from the 25-foot minimum front yard setback, to allow a 10.1-foot setback for an existing covered sidewalk, and a 4.9-foot variance from the 25ofoot minimum front yard setback to 20.1-foot setback for the existing building. The area where the variances are applicable is near the northwestern corner of the building, along 5th Street South. This roadway is unimproved and not a traveled roadway at this location. The amount of variance requested is 11.9 feet for the covered sidewalk, and 4.9 feet for the building itself. These are not after-the-fact variances because the structure is conforming in the current "P" zoning district. CONSIDERATIONS: The subject property is located at the southwest corner of the intersection of Colorado Avenue and 4th Street South in Immokalee, in Section 4, Township 47, Range 29, Collier County, Florida. The petitioner proposes to convert the existing structure into a church/house of worship to be used by the Immokalee Church of the Nazarene, which will be relocating from its current 110 S. Second Street location. The existing zoning will not allow the proposed church use, thus this rezoning petition has been submitted. No additional structures have been specifically mentioned as planned at this time, but the owner would not be precluded from constructing additional structures in the future. In fact, the site plan refers to the grassed southerly portion of the site as "possible future development area." FISCAL IMPACT: Approval of this variance petition would have no immediate fiscal impact on the County. The County collects impact fees prior to the issuance of building permits to help offset the impacts of each new development on public facilities. Page I of 3 RZ-2003-AR-4708 EXECUTIVE SUMMARY.doc AGENDA ITM ~-~' MAR23200 / I GROWTH MANAGEMENT IMPACT: The subject property is designated Urban (Commerce Center Mixed Use District), on the Immokalee Area Master Plan Future Land Use Map (FLUM) of the Growth Management Plan (GMP). Relevant to this petition, the purpose of this designation is to create a major activity center that services the entire Immokalee Urban Designated area and surrounding agricultural area. The Mixed-Use District shall function as an employment center and shall encourage commercial and institutional uses. Uses permitted within this Subdistrict shall include shopping centers, governmental institutions, middle or high schools, community parks and other employment generating uses. The Mixed-Use District permits institutional uses, which includes churches. Therefore, Comprehensive Planning staff concludes the proposed uses for the subject site can be deemed consistent with the Immokalee Area Master Plan. The GMP does not address individual variance requests; it focuses on the larger issue of the actual use. As previously noted, the subject petition seeks variances to allow the existing structure to be used as a church, which is an authorized use in this land use designation, therefore, the actual use is consistent with the GMP. Based upon the above analysis, staff concludes that the proposed use for the subject site is consistent with the Immokalee Area Master Plan of the GMP, although the variances are not specifically addressed. ENVIRONMENTAL ISSUES: Environmental Review staff evaluated this petition and determined that there are no environmental issues that need to be addressed as part of the variance petition. The Environmental Advisory Council (EAC) did not hear this petition because an Environmental Impact Statement (EIS) was not required for variance petitions. COLLIER COUNTY PLANNING COMMISSION {CCPC) RECOMMENDATION. The CCPC heard this petition on February 19, 2004 and unanimously recommended that this petition be forwarded to the Board of County Commissioners (BCC) with a recommendation of approval, subject to the following condition: The variances are limited to a 10.1-foot setback for an existing covered sidewalk, and a 20.1-foot setback for the existing building, as depicted in the applicant's site plan entitled, "Immokalee Church of the Nazarene Variance Petition Site Plan," prepared by Rhodes & Rhodes, dated June 11, 2003, and stamped received September 10, 2003. ZONING AND LAND DEVELOPMENT REVIEW STAFF RECOMMENDATION: The proposed rezone is consistent with the applicable provisions of the GMP, including the Immokalee Area Master Plan, and the uses allowable in this rezoning and as further limited by the petitioner will be compatible with surrounding land uses. Therefore, Zoning & Land Development Review staff recommended that the Collier County Planning Commission forward Petition RZ- 2003-AR 3703 to the Board of Zoning Appeals with a recommendation of approval, subject to the conditions noted above in the CCPC action. RZ-2003-AR-4708 EXECUTIVE SUMMARY.doc Page 2 of 3 AGENDA ITEM MAR 2 3 200q pg. ,2._..,' PREPARED BY: KA~' DLfJSELEM DEPARTMENT OF ZONING & LAND DEVELOPMENT REVIEW DATE ~EE PY I~A~ t I~EONWT~ 'C~ HzIoENF I~L~D DEVELOPMENT REVIEW DATE REVIEWED BY: ..~SAN MuRRA~ DEPARTMENT OF ZONING & LAND DEVELOPMENT REVIEW ~3A~E APPROVED BY JOSFffH/~. SC HMITqt'~' ADmINIStRATOR CO~MtUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION RZ-2003-AR-4708 EXECUTIVE SUMMARY.doc Page 3 of 3 A~A ~TEM ~, 1'4AR 2 3 200~ AGENDA ITEM 8-C STAFF REPORT COLLIER COUNTY PLANNING COMMISSION FROM: DEPARTMENT OF ZONING & LAND DEVELOPMENT REVIEW COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION HEARING DATE: FEBRUARY 19, 2004 SUBJECT: PETITION VA-2003-AR-4708 COMPANION ITEM: RZ-2003-AR-3703 PROPERTY OWNER/AGENT: Agent: William L. Hoover AICP Hoover Planning & Development, Inc. 3785 Airport Road North, Suite B-1 Naples, FL 34105 Owner: Virginia Ayala 1400 Grasslands Blvd, Apt 24 Lakeland, FL 33803 Contract Purchaser: Immokalee Church of The Nazarene 110 S. Second Street Immokalee, FL 34142 REQUESTED ACTION: The applicant is requesting variances from the setbacks applicable to the "CF" zoning district in conjunction with a petition to rezone the property from "P" to "CF," in a companion item, RZ- 2003-AR-3703. Specifically, The petitioner is seeking a 14.9-foot variance from the 25-foot minimum front yard setback, to allow a 10.1 -foot setback for an existing covered sidewalk, and a 4.9-foot variance from the 25-foot minimum front yard setback to 20.1 feet setback for the existing building. The area where the variances are applicable is near the northwestern comer of the building, along 5th Street South. This roadway is unimproved and not a traveled roadway at this location. The amount of variance requested is 11.9 feet for the covered sidewalk, and 4.9 feet for the building itself. These are not after-the-fact variances because the structure is. conforming in the current zoning "P" zoning district. GEOGRAPHIC LOCATION: The property is located at the southwest corner of the intersection of Colorado Ax Street South in Immokalee, in Section 4, Township 47, Range 29, Collier County, property consists of 1.55+ acres. (See illustration on following page.) Staff Report: VA-2002-AR-4708 February 19,2003 CCPC Page 1 of 6 enue~d 4t~ lorida. This 2 3 200 II~~Fil=t I=J TI iI~.~illlll~lllllllll Illlllllllll [!IIIIITIII~. ~ f=tJ~]~lllllllllllllll I Ill~llllllll II MAR 3 200z} Immokalee Church of the Nazarene Variance Pet/t/on Site Plan ~--~o.,- J Exisb'ng Building I I I I MINIMUM BUILDING ONCRETE OVERHANG IS ALLOWED TO VA-2003-AR-4708 PROJECT #2002020057 DATE: 9/10/03 KAY DESELEM (COMPANION TO Legal Description THE FirST 1~0 FEET OF THE NORTH I/2 OF THE EOUTHEA~T I/4 OF THE ~OUI'HEA~T I/4 0F .~:"CT~CMi 4. TOWN~ 4? ~ RANGE ~ EAST COLLIER COUNT~. FLORIDA. MORE. PARTICULARI. y DE~C, RiBED BY BEGINNING AT THE NOR 71.WVES T CORNER OF EOUTMEA~T I/4 OF TH~ $OUTHEA~T1/4 0F ~AID SEC770N 4. TOWN,~IIP 4? SOffTI, L RANGE ~ ~T. A VENUE Nar281M' EAST 197.30 FEET TO THE WEST RIC, HT..OF-WA Y I. INE OF 4 TH. STREET, SOUTI~, ALONG Ev~ID RIGHT. OF. WA Y IINE SOOOSrlr F_A~T 443. I4 FEE'S; THENCE~g9~ FVE.~T rgB.31 ~ TO THE CENTERLINE OF ~ STREE7~, ,~OUTH; THENCE N00'502~6'' WEST442.79 FEET TO THE POINT OF BEGINNING, LE~S THE RIGHT. OF. WA y OF COLORADO AVENUE. CERTIFICATION: AGENDA ITE~ ,-,, , ~.____Z._~,'~-" i~ Exhibit A ~-~~ ~t Site Plan ~ PURPOSE/DESCRIPTION OF PROJECT: The subject property is occupied by a 12,500 square foot vacant structure that most recently housed a social service facility, the Florida Department of Health and Rehabilitative Services (HRS) office. According the property owner, this structure was built in 1976. The applicant proposes to convert the existing structure into a church/house of worship to be used by the Immokalee Church of the Nazarene, whose congregation will be relocating from its current 110 S. Second Street location to this site. No additional structures have been specifically mentioned as planned at this time, but the owner would not be precluded from constructing additional structures in the furore. In fact, the site plan refers to the grassed southerly portion of the site as "possible future development area." Access to the building will be provided via two driveway entrances along 4th Street South. The applicant re-designed the site plan to remove an existing access point at the northwestern comer of 5th Street South. SURROUNDING LAND USE & ZONING: North: Colorado Avenue then "VR" zoned apartments East: 4th Street South, then mobile homes on half- to one-acre sized tracts, all zoned "VR" South: a 0.70-acre tract zoned "VR," developed with a mobile home and a multi-family structure; then Delaware Avenue West: 5th Street South (unimproved); then a drainage swale, then mobile homes on platted lots within Pinecrest Subdivision, zoned "VR" Staff Report: VA-2002-AR-4708 February 19,2003 CCPC Page 2 of 6 MAR 2 3 2006 GROWTH MANAGEMENT PLAN (GMP) CONSISTENCY: The subject property is designated Urban (Commerce Center Mixed Use District), on the Immokalee Area Master Plan Future Land Use Map (FLUM) of the GMP. Relevant to this petition, the purpose of this designation is to create a major activity center that services the entire Immokalee Urban Designated area and surrounding agricultural area. The Mixed-Use District shall function as an employment center and shall encourage commercial and institutional uses. Uses permitted within this Subdistrict shall include shopping centers governmental institutions, middle or high schools, community parks and other employment generating uses. The Mixed- Use District permits institutional uses, which include churches. Based upon the above analysis, Comprehensive Planning staff concludes the proposed uses for the subject site can be deemed consistent with the Immokalee Area Master Plan. The GMP does not address individual variance requests; it focuses on the larger issue of the actual use. As previously noted, the subject petition seeks variances to allow the existing structure to be used as a church, which is an authorized use in this land use designation, therefore, the actual use is consistent with the Future Land Use Map. Based upon the above analysis, staff concludes that the proposed use for the subject site is consistent with the Immokalee Area Master Plan of the GMP, although the variances are not specifically addressed. ANALYSIS: Section 2.7.5 of the Land Development Code grants the authority to the Board of Zoning Appeals to grant variances. The Planning Commission is advisory to the BZA and utilizes the provisions of Section 2.7.5.6.1 through 2.7.5.6.8, which are general guidelines to be used to assist the Commission in making a determination. Staff has analyzed this petition and offers the responses to the items in Section 2.7.5.6 as follows: ae location, size and characteristics of the land, structure or building involved' Staff Report: VA-2002-AR-4708 Are there special conditions and circumstances existing, which are peculiar to the MAR 2 3 February 19,2003 CCPC Page 3 of 6 pg. Yes. When originally constructed and as rezoned previously, the structure met the setback requirements of the zoning district. Now, with the proposed rezoning to CF, the structure will not be in compliance without the variances. b. Are there special conditions and circumstances, which do not result from the action of the applicant such as pre-existing conditions relative to the property, which is the subject of the variance request? Yes, as noted above. c. Will a literal interpretation of the provisions of this zoning code work unnecessary an undue hardship on the applicant or create practical difficulties for the applicant? Yes. If the applicant were required to comply with the setback for the building, a portion of the building would need to be removed to bring the structure into compliance. The covering over the concrete patio could be removed without great difficulty or hardship, however, requiring the removal would not serve any practical purpose, because the variance portion of the structure faces an unimproved roadway. d. Will the variances, if granted, be the minimum variances that will make possible the reasonable use of the land, building or structure and which promote standards of health, safety and welfare? Yes. The variances proposed are the minimum variances that would allow the existing structure to be in compliance. Approval of the variances should not have a negative impact upon the health, safety and welfare. e. Will granting the variances confer on the applicant any special privilege that is denied by these zoning regulations to other lands, buildings, or structures in the same zoning district? Yes. Any variance granted gives special privilege to that specific parcel of land. f. Will granting the variances 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? Yes. Although approval of this variance would allow the church and the covered patio to remain closer to the lot line than other structures within the same zoning district (CF), the aerial photo indicates that the only other structure on this block appears to be built closer to its property line than what these variances would allow. Approval of the variances should not have a negative effect upon the neighborhood as a whole, and would not be detrimental to the public welfare. goals and objectives of the regulation such as natural preserves, lakes, golf co No. Staff Report: VA-2002-AR-4708 Are there natural conditions or physically induced conditions that ameliorate the . lrses,AC~z~.. A ITEM No. /~ MAR 2 3 2004 Febma~ 19,2003 CCPC Page 4 of 6 ~ P~. / h. Will granting the variances be consistent with the Growth Management Plan? Approval of the variance petition will not affect or change the requirements of the Growth Management Plan. EAC RECOMMENDATION: The Environmental Advisory Council does not normally hear variance petitions, and did not hear this petition. DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW RECOMENATION: Staff has analyzed the guidelines associated with the variances request, and has determined that although there is no land-related hardship associated with this variance petition, there is a "practical difficulty" for the applicant if he were required to bring the existing structure into compliance with the proposed zoning district, because a portion of the building would need to be removed. Because the structure has existing seemingly without complaint since its construction in 1976, staff does not perceive any negative effect upon the neighborhood as a whole, and does not believe approval would be detrimental to the public welfare. Staff recommends that the Collier County Planning Commission recommend approval of Petition VA-2003oAR-4708 to the Board of Zoning Appeals, subject to the following condition: The variances are limited to a 10.1-foot setback for an existing covered sidewalk, and a 20.1-foot setback for the existing building, as depicted in the applicant's site plan entitled, "Immokalee Church of the Nazarene Variance Petition Site Plan," prepared by Rhodes & Rhodes, dated June 1 I, 2003, and stamped received September 10, 2003. Staff Report: VA-2002-AR-4708 February 19,2003 CCPC Page 5 of 6 MAR23200 i PREPARED BY: PLANNER DATE KA~ff~SLEM, PRINCIPAL o~'c~- O/7f DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW REVIEWED BY: RAY I~'I~LLo~v~,'CHIEF PLANNER -- --DATE DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW REVIEW APPROVED BY: TOR ~ t DATE MUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION RUSSELL A. BUDD, CHAIRMAN DATE Tentatively scheduled for the,March 23, 2004 Board of County Commissioners Meeting Attachments: A. Site Plan," prepared by Rhodes & stamped received September 10, 2003 Conditions Staff Report: VA-2002-AR-4708 February 19,2003 CCPC Page 6 of 6 Site Plan entitled," Immokalee Church of the Nazarene Variance Petition Rhodes, dated June 11, MAR 2 3 200~ P,. // VARIANCE PETITION (VARIANCE FROM SETBACK (S) REQUIRED FOR A PARTICULAR ZONING DISTRICT) Petition No. Commission District: Date Petition Received: Planner Assigned: ABOVE TO BE COMPLETED BY STAFF GENERAL INFORMATION: Petitioner's Name: Immokalee Church of the Nazarene Petitioner's Address: I I0 S. Second Street lmmokalee, FL 34142 Telephone: Fax#: Agent's Name: E-Mail Address:None William L. Hoover, AICP, of Hoover Planning & Dev., Inc. Agent's Address: 3785 Airport Road North, Suite B- I Naples, FL 34!05 ...... Fax#: 239-403-9009 VA-2003-AR-4708 PROJECT #2002020057 DATE: 9110103 KAY DESELEM (COMPANION TO RZ-2003-AR-3703) 239-657-6650 Telephone: 2fi.9.-407.8899 .... E-Mail Address: bill~hooverplanninl$.com Be aware that Collier County has lobbyist regulations. Guide yourself accordingly and ensure that you are in compliance with these regulations. COLLIER COUNTY COMMUNITY DEVELOPMENT PLANNING SERVICES/CURRENT PLANNING 2800 HORSESHOE DRIVE NAPLES, FL 34104 PHONE (941 ) 403-2400/FAX (941 ) 643-6968 Page I - Revised 4/03 HAR 2 3 200h Pt. Complete the following for all Association(s) affiliated with this petition. (Provide additional sheets if necessary) Name of Homeowner Association: N.A. Mailing Address City State __ Zip. Name of Homeowner Association: Mailing Address N.h. City State 'Zip. Name of Homeowner Association: N.A. Mailing Address City State __ Zip. Name of Master Association: Mailing Address N.A. City State __ Zip Name of Civic Association: N.A. Mailing Address City State __ Zip PROPERTY DESCRIPTION: Legal Description of Subject Property: Subdivision: Unit Lot (s) Block (s) Section 04 Twp. 47 South Range 29 East Property I.D. # North Parcel: 00126240003 Acreage Number 1.55 Acres South Parcel: 00124800005 Metes & Bounds Description: See attached legal description. (If different from Petitioner's address) between Colorado Avenue and 4th Street South in Immojalee,~Lorida.l Current Zoning and Land use of Subject Parcel: Currently Zoned: "P" Public Use Current Land Use: Vacant former H.R.S. building and adjacent vacant lot to the south. Adjacent Zoning & Land Use: ZONING LAND USE N vR S VR W VR E VP. Apartment Complex Convenience Store (legal non-conforming use) Mobil Homes & Single-Family Residential Mobile Homes Minimum Yard Requirements for Subject Property: Front: 25 feet Corner Lot: Yes [5~ No [--] Side: ! 5 feet Waterfront Lot: Yes [~ No [~ Rear: Not Applicable Nature of Petition Provide a detailed explanation of the request including what structures are existing and what is proposed; the amount of encroachment proposed using numbers, i.e. reduce front setback from 25' to 18'; when property owner purchased property; when existing principal structure was built (include building permit number (s) if possible); why encroachment is necessary; how existing encroachment came to be; etc. A. r_ez_gn_e_ petit_i°~ n_ h_ _as_ ~en _s_u-b-m!-ti-e--d--f-0-r _th!_s _p_r o_p_.e_~_(R~._. -279_3_-_~_R_-_3.703), reques!jn_g_a_c_h_~ge__ffo_.m_~_e._"_p~' ....... public Use zoning ~i~tr_ict._t.o_.t_h_e .'_'C__F_"_C_o__m_m__u_n_ i_~_F_ac_!!it'4'_ _zoning district, so the subject property can be utilized as a _ch_u_rc_h.by. the contracted purchaser (lmmokalee Church of the Nazarene). The subject property has an existing building that was previously the H.R.S. building in lmmokalee and is now setting there vacant. This existing structure does not meet the setback requ_ir_ements of the proposed zoning district. A 25 foot wide front yard setback i?_ re_qui.r~d _f_o_r th_e proposed CR zoning district along the subject property's eastern, northem and western property_._. boundaries. An existing covered sidewalk is setback 10. I feet from the western property boundary which abuts 5yh S[~-e_et _S0u_t_h,_w_h!_ch__c_an e~n_cro___a_c.h_?p.[?_3._fe_et._o_f the.~required 25 foot setback per Section 2.6.4.1.5 of the Land Development Code, so a variance of ! 1.9 feet is needed for the covered sidewalk and the building is currently 20.1 feet ~Pm t.h_e..w~e?.t-em~-P?P--pe-rt~'- bou_nd_ary which abuts 5th Street South so a variance of 4.9 is needed for the p_rop0_s_ed c~hu_rch _s_truc~_r_e.__W_e__e_st?n_at?_ t_h_e s~tr?__Ct_u_r~_~_as b~ui_[t_ap__p[o_xima_tel_Y..!_5__Ye.a__rs_ago_:_ .... Please note that staffand the Collier County Planning Commission shall be guided in their recommendation to the Board of zoning Appeals, and that the Board of zoning appeals shall be guided in its determination to approve or deny a variance petition by the below listed criteria (I-8). (Please address this criteria using additi mai pa~es if necessary.) ~ ~ I. Are there special conditions and circumstances existing which are peculiar to the location, size and characteristics of the land, structure, or building involved. The subject property is only 167 feet wide yet has 3 front yards, since it fronts on the east to 4th Street South, on the north to Colorado Avenue, and on the west to 5th Street South. 2. Are there special conditions and circumstances which do not result fi'om the action of the applicant such as pre-existing conditions relative to the property which is the subject of the variance request. yes...The~u_il~di_ng_p_n_~_e property is existing. It simply does not meet the setback requirement of th~ pr_0posed zoning district. 3. Will a literal interpretation of the provisions of this zoning code work unnecessary and undue hardship on the applicant or create practical difficulties on the applicant. Yes. The applicant is a small Church with very limited resources. They plan to use the existing bu.!!d!n_g as a worship location and would not have the funds to modify, relocate, or rebuild the bu. ild!pg tO_ meet the setback requirement. 4. 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 b_u!l_d.i_n_g is_ _cu_rr_e_nt_!_y_va_c_a_nt.__Th.e_ap_pl~i_c~n~p[o~ t~p~t i_t_to_ u_~e.._as_a_ _h0u_s__e 0f T_o~hiP_:. The variance.wi!I p_o_s.e_ _no_.th_r_e_ a_t_t_o heajt~h, safety, or _we_lfare:' . 5. Will granting the variance requested confer on the petitioner any special privilege that is denied by these zoning regulations to other lands, buildings, or structures in the same zoning district, r No, the circumstances are ve~ unusual. 6. Will granting the variance be in harmony with the intent and purpose of this zoning code, and not be injurious to the neighborhood, or otherwise detrimental to the public welfare. Yes, the proposed reuse of this vacant building will assist in improving this neighborhood while if this variance were denied a vacant commercial-type structure may promote decay of this neighborhood. 7. Are there natural conditions or physically induced conditions that ameliorate the goals and objectives of the regulation such as natural preserves, lakes, golf course, etc. Fifth Street South is an undeveloped right-of-way except for a sidewalk along the western portion of the subject property so it is not traveled by motorists only occasional pedestrians. Additionally, a canal is located within the western half of Fifth Street South ~so it is unlikely Fifth Street South will ever be constructed as a roadway. 8. Will granting the variance be consistent with the growth management plan. Non-residential uses such as churches are permitted within the Residential Designation on the Immokalee Future Land Use Map. Since many of the church's parishioners are within walking distance of the proposed new church site, this will assist Collier County in meeting Objective Il.4: o£the Immokalee Area Master Plan which states, ~Provide land use designations, criteria and zoning which recognize the needs of that significant portion ol~ Immokalee's population which is primarily pedestrian in nature." ** Section 2.7.2.3.2 (3) of the Land Development Code requires an applicant to remove their public hearing advertising sign (s) after final action is taken by the Board of County Commissioners. Based on the Board's final action on this item, please remove all public hearing advertising sign (s) immediately IMMOKALEE CHURCH OF THE NAZARENE EXHIBIT "A" Legal Description LEGAL DESCRIPTION: THE NORTH 220 FEET OF THE WEST 190 FEET OF THE NORTH 1/2 OF THE SOUTHEAST I/N OF 7HE SOUTHEAST I/4 OF SECTION ~, TOWNSHIP ~7 SOUTH, RANGE 29 EAST, LESS THIRTY FEET ROAD RIGHT OF WAY ON NORTH AND WEST SIDES. ONE ACRE ~ORE OR LEE OF ORIGINAL THREE ACRES RECORDED IR DEED BOOK 17, PAGE 3~9, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA AND THE NORTH 220 FEET OF THE WEST 190 FEET OF THE SOUTH ~0 FEET OF THE NORTH I/2 OF THE SOUTHEAST I/~ OF THE SOUTHEAST I/~ OF SECTION ~, TOWNSHIP ~7 SOUTH, RANGE 29 EAST, COLLIER COUNTY, FLORIDA. AFFIDA FIT L Rev. Jean Casnel Paul, Immokalee Church of the Nazarene beingfirst duly sworn, depose and say that I am the contract purchaser 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, including the disclosure of interest information, all sketches, data, and other supplementary matter attached to and made a part of this application, are honest and true to the best of our knowledge and belief. I understand that the information requested on this application must be complete and accurate and that the content of this form, whether computer generated or County printed shall not be altered. Public hearings will not be advertised until this application is deemed complete, and all required information has been submitted. As Contract Purchaser I further authorize Hoover Planning & Davidson Engineering, Inc. to a~~my representa~tive~n anymatters regarding this Petition. .~ 'Si-gr~atu~re of Witness ~ ~ignatu're ~f Contract P~rcha~er Typed or Printed Name of Witness Rev. Jean Casnel Paul Contract Purchaser Immokalee Church of the Nazarene ne.foregoing instrument was acknowledged before me this day of ~- 20 OOo. by ,_)C~cL q O. o ~t3el '~ct ut I who is personally knawn ~0 me or has produced as identification. State of Florida County of Collier My COMlVflSSI~ I DO 222661 ~. ·. EX, RES: J~/7, 200/ VA-2003-AR-4708 PROJECT #2002020057 DATE: 9/10/03 KAY DESELEM (COMPANION TO RZ-2003-AR-3703) (Signature of Notary Public - State of Florida) (Print, Type, or Stamp C~mmi~ '1 ~ Name of Notary Public) ~ ~ / ~ ' I Immokolee Church of Locotion the Mop Nczor-ene Trofford Lcke VA-2003-AR-4708 PROJECT #2002020057 DATE: 9/10/03 KAY DESELEM /mmoko/ee N w S Rd. Colorodo Sub~/ec t Pro./ec t I Ave. //I (COMPANION TO RZ-2003-AR-3703) VA RIANCE PETITION APPLICATION SUBMITTAL CHECKLIST THIS COMPLETED CHECKLIST IS TO BE SUBMITTED WITH APPLICATION PACKET! REQ'UIREMENTS # oF COPIES REQUIRED 1. Completed Application 15 x~' 2. Completed Owner/Agent Affidavit, Notarized 1 ~,~ 3. Pre-application notes/minutes 15 A//~ 4. Survey of property, showing the encroachment 1 .J (measured in feet) 5. Site Plan depicting the following: 15 -~ a) All property boundaries & dimensions b) All existing and proposed structures (labeled as such) c) North arrow, date and scale of drawing d) Required setbacks & proposed setbacks 6. Location map depicting major streets in area for 1 ~ reference 7. Application fee $1000 Data Conversion fee = $25 ~ (minus fees paid at pre-application meeting) Checks shall be made payable to: Collier County Board of Commissioners 8. Other Requirements- /~7~_.v. i ~ / /~A o ~o .. / ~ ~/ As the authorized agent/applicant for this petition, I attest that all of the information indicated on this checklist is included in this submittal package. I understand that failure to include all necessary submittal information may result in the delay of processing of this petition. Applicant/Agent Signature G:\Current\Application Forms\VARIANCE PETITION.doc (R).doc 4/03 Date MAR 2 3 200 VA-2003-AR-4708 P~" ~/ PROJECT g2002020057 ............. DATE: 9/10/03 ~Y DESELEM (COMPANION TO ~2003-~-3703) RESOLUTION NO. 04.- ' RELATING TO PETITION NUMBER VA-2003-AR- 4708 FOR A VARIANCE FROM LDC SECTION 2.2.19.4.3.1., IN THE COMMUNITY FACILITIES "CF" ZONING DISTRICT, FROM THE 25-FOOT MENIMUM FRONT YARD SETBACK TO ALLOW A 10.1-FOOT SETBACK FOR AN EXISTING COVERED SIDEWALK, AND A 20.1-FOOT SETBACK FOR THE EXISTING BUILDING ON PROPERTY HEREINAFTER DESCRIBED IN COLLIER COUNTY, FLORIDA. WHEREAS, the Legislature of the State of Florida in Chapter 125, Florida Statutes, has'conferred on all counties in Florida the power to establish, coordinate and enforce zoning and such business regulations as are necessary for the protection of the public; and WHEREAS, the County pursuant thereto has adopted a Land Development Code (Ordinance No. 91-102, as amended) which establishes regulations for the zoning of particular geographic divisions of the County, among which is the granting of variances; and WHEREAS, the Board of Zoning Appeals, being the duly elected constituted Board of the area hereby affected, has held a public heating after notice as in said regulations made and provided, and has considered the advisability ora variance from LDC Section 2.2.19.4.3.1., in the Community Facilities "CF" zoning District, from the 25-foot minimum front yard setback to allow a 10.1-foot setback for an existing covered sidewalk, and a 20. l-foot setback on the existing building as shown on the attached site plan, Exhibit "A", in a "CF" Community Facilities Zone for the property hereinafter described, and has found as a matter of fact that satisfactory provision and arrangement have been made concerning all applicable matters required by said regulations and in accordance with Section 2.7.5 of the Zoning Regulations of said Land Development Code for the unincorporated area of Collier County; and WHEREAS, all interested parties have been given opportunity to be heard by this Board in public meeting assembled, and the Board ]aaving considered all matters presented; NOW, THEREFORE, BE IT RESOLVED BY the Board of Zoning Appeals of Collier County, Florida, that; The Petition, VA-2003-AR-4708, filed by William L. Hoover, AICP, of Hoover Planning and Development, Incorporated, representing Immokalee Church of the Nazarene, with respect to the property hereinafter described in Exhibit "B" be and the same hereby is approved for a variance from LDC Section 2.2.19.4.3.1, in the Community Facilities "CF" zoning district, from the 25-foot minimum front yard setback to allow a 10.1-foot setback for an existing covered sidewalk, and a 20. l-foot setback for the existing building located on the attached site plan, Exhibit 'A", of the "CF" Community Facilities Zoning District wherein said property is located, subject to the conditions listed in Exhibit "C": Page 1 of 2 MAR 23 200 l , BE IT FURTHER RESOLVED that this Resolution relating to Petition Number VA- 2003-AR-4708 be recorded in the minutes of this Board. This Resolution adopted after motion, second and majority vote. Done this ATTEST: DWIGHT E. BROCK, CLERK day of ,2004. BOARD OF ZONI2qG APPEALS COLLIER COUNTY, FLORIDA Approved as to Form and Legal Sufficiency: Patrick G. White Assistant County Attorney BY: DONNA FIALA, CHAIRMAN Attachments: Exhibit "A" - Site Plan entitled prepared by Rhodes & Rhodes, dated June 11, 2003, and stamped received September 10, 2003 Exhibit 'B" - Legal Description Exhibit "C" - Conditions VA-2003-AR-~70g/KD/lo Page 2 of 2 Immokalee Church of the Nazarene Variance Pet/t/on Site Plan / ~10' O' I COVERED CONCRETE 8 - ~o. ,- I Existing Building I I I r- --250~ VA-2003-AR-4708 PROJECT #2002020057 DATE: 9/10/03 KAY DESELEM (COMPANION TO RZ-2003-AR-3703) Legal Description THE WEST 190 F~ET OF THE NORTH I/2 OF THE SOUTHEAST 1/4 OF THE SOUTHEAST II4 OF SECTION 4. TOWNSHIP 47 SOUTH, RANGE 29 EAST COLLIER COUNTK, FL ORIO~ MORE PARTICULARLY DESCRIBED BY SURVEY AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF THE SOUTHEAST 1/4 OF THE SOUTHE/gST 1/4 OF SAID SECTION 4, TOWNSHIP 47 SOUTH, RANGE 29 EASE THENCE ALONG THE CENTERLINE OF COLORADO AVENUE N89°26~)5* EAST 19X.30 FEET TO THE WEST RIGHT-OF-WAY LINE OF 4TH. STREET; SOUTH; THENCE ALONG S~ID RIGHT-OF-WAY LINE S00'5~'18' EAST 443.14 FEE'E; THENCE ~9~32~'WEST 19~.31 FEET TO THE CENTERMNE OF 5TH. STREEE, SOUTH; THENCE N00°50~26' WEST 442. 79 FEET TO THE POINT OF BEGINNING, LESS THE RIGHT~)F-WA Y OF COLORADO AVENUE. CERTIFICATION: BOUNDARY ~ TOPOGRAI~HIC SURVEY ~ ~ ~G, ~ I ! ... ~ ~o~1 MAR232f10~ r~hibitA ~,~o~c~, 2 ~ Site Plan "a' VA-200~-AE-4708 LEGAL DESCRi~TION.: THE NORTH 220 FEET OF..THE WEST 190 FEET OF THE NORTH I/2 OF THE SOUTHE^ST 1/4. OF THE SOUTHEAST I/H OF SECTION H, 'TOWRSH[P 47 SOUTH, RANGE 29 EAST,, LESS THIRTY FEET.ROAD RIGHT OF WAY ON NORTH AND WEST SLDES. ONE ACRE MORE OR LEE OF ~RIGINAL THREE-,~.CR'ES RECO..RDE. D .i"N DEED BOOK 17PAGE 339, OF T'HE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA AND THE NORTH 220 FEET OF THE WEST i~gO'I FEET OF' THE SOUTH H~O FEET'OF. THE NORTH )/2'OF.T:HE SOUTHEAST I/H OF THE SOUTHEAST l/W OF SECTION H, TOWNSHIP ~.7 SOUTH, RANGE 29 EAST, COLLIER COUNTY, FLORIDA. Exhibit B Legal Description VA-2003-A MAR 2 3 2006 IMMOKALEE CHURCH OF THE NAZARENE VARIANCE CONDITION The variances are limited to a 10.1-foot setback for an existing covered sidewalk, and a 20.1-foot setback for the existing building, as depicted in the applicant's site plan entitled, "Immokalee Church of the Nazarene Variance Petition Site Plan," prepared by Rhodes & Rhodes, dated June 11, 2003, and stamped received September 10, 2003. Conditions of Approval Exhibit C VA-2003-AR-4708 EXECUTIVE SUMMARY A RESOLUTION BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, SUPPORTING SAFIRE AIRCRAFT COMPANY AS A QUALIFIED APPLICANT PURSUANT TO SECTION 288.106, FLORIDA STATUTES; AND PROVIDING FOR A FUTURE APPROPRIATION NOT EXCEEDING $1,330,000 AS LOCAL PARTICIPATION IN THE QUALIFIED TARGET INDUSTRY (QTI) TAX REFUND PROGRAM AND BROWNFIELD AREA PROGRAM, AND PROVIDING FOR AN EFFECTIVE DATE. OBJECTIVE: Approve a resolution supporting Satire Aircraft Company under the State of Florida Qualified Target Industry Tax Refund Program, Brownfield Area Tax Refund Program and its application for state tax relief of $6,650,000 of which 20%, equal to $1,330,000, would be the local match. This local match will be made available in future fiscal years through a combination of the countywide economic impact created by the location of Satire Aircraft Company in Collier County and the incremental revenues generated from the projected ad valorem taxes collected as a result of this project. CONSIDERATIONS: Satire Aircraft Company is an emerging startup company with approximately ninety employees, mostly engineers. The company is presently located in Opa Locka, Florida and is currently searching for a relocation site for its state-of-the-art manufacturing facility that will eventually employ 700 new jobs. The company is considering sites both ~vithin and outside the State of Florida. The Florida Tradeport in Immokalee is one of the locations Satire is considering. The following economic incentives are considered as critical inducements ['or them to choose the Florida Tradeport as their future site of operations. Qualified Target Industry Tax Refund Incentive (QTI): This state incentive is available for companies that create high xvage jobs in targeted high value-added industries. Aviation manufacturing is a local and state targeted industry. · This incentive includes refunds on corporate income, sales, ad valorem, intangible personal property, insurance premium, and certain other taxes. · Pre-approved applicants who create jobs in Florida receive tax rethnds of $6,000 per job in an Enterprise Zone. An additional $1,000 per job is added for businesses paying 150 percent of the average annual wage. · The Brownfield Redevelopment Bonus Refund is available to encourage Brownfield redevelopment and job creation. Approved applicants receive an additional tax refund bonus of $2,500 for each job created. AGENDA ITEM /,'/(3 HAR 2 3 200t · The local community where the company locates must contribute 20 percent of the total tax refund FISCAL IMPACT: The local match amount by Collier County is $1,330,000 and will be funded from future incremental General Fund revenues generated from both the favorable countywide economic impact and increased ad valorem taxes collected as a result of Satire Aircraft Company's relocation to Collier County. The direct and indirect earnings impact of this project over the next six years is estimated at $300 million in addition to an initial capital investment of $65 million. These financial incentives and local participation in the QTI Tax Refund Program are critical inducements to have the company choose Collier County as its relocation site. This program is "performance based;" the program only pays as the jobs are created. GROWTH MANAGEMENT IMPACT: Satire Aircraft is a high wage and high tech industry employer; choosing Collier County as its relocation site is consistent with the goals of the Economic Diversification Program approved by the Board in January t997. The activities of this proposed manuf:acturing entity and its land use is deemed to be consistent with Objective 1.3 of the Economic Element of the Collier County Growth Management Plan which states, "Collier County will support programs which are designed to promote and encourage the recruitment of ne~v industry as well as the expansion and retention of existing industry in order to diversity the County's economic base." These same activities of this proposed manufacturing entity and its land use are also deemed to be consistent with the Future Land Use element and the Immokalee Area Master Plan element of the Collier County Growth Management Plan. RECOMMENDATION: The Board of County Commissioners provide future fiscal year General Fund appropriations up to $1,330~000 and approve the attached resolution for financial support of Satire Aircraft under the Qualified Targeted Industry Program and Brownfield Program to leverage the State's contribution, and authorize the Chairman to sign the attached resolution. SUBMITTED BY:[, x'~l,q//,,i~.. ~..'itV~'~ 'T"~"~rn~eSi ~en~ce}o~'~xecutive Director, Economic Development C~uncil of C~lier/~ounty REVIEWED BY: I~/~ Date: ~-] * -0~ ~on Baker,.Dir. ector, Financial Administration and Housing ~VmWED BY: Xl ~ ~?~ Date: Patrick G. White, Assist~t County Attorney /~NisS~¢[, Community D~elrpment an nviromental Services Division A~r. NOA ITEM_. ,/¢G MAR 2 .... RESOLUTION NO. 04 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, SUPPORTING SAFIRE AIRCRAFT COMPANY AS A QUALIFIED APPLICANT PURSUANT TO SECTION 288.106, FLORIDA STATUTES; AND PROVIDING AN APPROPRIATION OF $1,330,000 AS LOCAL PARTICIPATION IN THE QUALIFIED TARGET INDUSTRY (QTI) TAX REFUND PROGRAM AND BROWNFIELD AREA TAX REFUND PROGRAM; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Satire Aircrati Company, a manufacturer and designer of a new generation of light jet aircraft; and WHEREAS, Satire Aircraft Company is currently considering relocation of its manufacturing operations out of the State of Florida; and WHEREAS, Satire Aircraft Company is like,vise considering a relocation of its manufacturing operations to Collier County, Florida; and WHEREAS, it is the policy of the State of Florida and Collier County to encourage the creation of high value-added employment and growth of the County's economic base by providing tax refunds to qualified targeted industries (QTI) that create high-wage job opportunities; and WHEREAS, Section 288.106 (3)(a) 9., Fla. Stat. (2003), requires an applicant requesting certification as a qualified targeted industry to provide, among other things, a resolution adopted by the board of county commissioners in which the proposed project is to be located, recommending that the target business be approved as a qualified target industry and that the commitment of local financial support necessary for the target business industry exists; and WHEREAS, these required QTI incentives, if created, will provide an inducement for Satire Aircraft to locate its manufacturing opportunities to Collier County; and A6ENI)a rr~M MAR 2 3 20gq WHEREAS, the Satire Aircraft Company's operations will create up to 700 net new jobs in Collier County by 2010, and the wages paid for these additional jobs will average $46,491, which is 150% of Collier County's average wages for 2002. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA that the Board of County Commissioners (Board) hereby recommends that pursuant to Section 288.106, Florida Statutes, Safu'e Aircraft Company be approved as a Qualified Target Industry, Business, and BE IT FURTHER RESOLVED that the Board has reviewed the public or private resources available for local financial support and determined that the County can provide the necessary' commitment of local financial support for Satire Aircraft as a Qualitied Targeted Industry Business and as a Browntield Area Tax Refund Program recipient. Accordingly, the County's QTI Tax Refund Program and Brownfield Area Program are to have funding available for Satire Aircraft in the amount of up to $1,330,000; and that this amount will heretofore be so encumbered, and that there be made available for payment from future revenues generated from the projected ad valorem taxes collected as a result of this project. These monies are to be paid to the Florida Economic Development Trust Fund with the stipulation that these funds are intended to represent the "local participation" required by Section 288.106, Florida Statutes. BE IT FURTHER RESOLVED that the necessary commitment of local financial support shall be contingent on Satire Aircraft maintaining the jobs during the life of the incentive and ensuring that its hiring practices are consistent with, and reflect the diversity of, the Collier County community. This Resolution adopted after motion, second and majority vote favoring same. DATED: ATTEST: DWIGHT E BROCK COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS MAR 2 3 2004 · Deputy Clerk By: Donna Fiala, Chairman Approved as to form and sufficiency: Assistant County Attorney MAR 2 3 200~