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Agenda 06/23/2015 Item #16K26/23/2015 16.K.2. EXECUTIVE SUMMARY Recommendation to approve a Mediated Settlement Agreement and Stipulated Final Judgment to be drafted with the same terms and conditions, in the total amount of $684,815 for the acquisition of Parcel 101 in the lawsuit styled Collier County v. Naples Estates Limited Partnership, et al., Case No. 06 -CA -1213 and approve the hiring of Hole Montes, Inc. to seek approval of a post take cure plan. (County Barn Road Project No. 60101.) Estimated Fiscal Impact: $403,515. OBJECTIVE: To approve a Mediated Settlement Agreement and Stipulated Final Judgment to be drafted with the same terms and conditions for the payment of full and final compensation for the taking of Parcel 101 in the lawsuit styled Collier County v. Naples Estates Limited Partnership et al., Case No. 06 -CA- 1213. CONSIDERATIONS: In December 2006, the County acquired Parcel 101 (the parcel) for the road widening of County Barn Road from two lanes to four lanes. The County deposited $293,000 into the Court Registry as a good faith estimate of value of the parcel. Since its acquisition, the widening of County Barn Road has been taken off the County's 2035 Long Range Transportation Plan. Currently, a portion of Parcel 101 is needed for construction of the County Barn Road segment of the Lely Area Stormwater Improvement Project (LASIP) and, if County Barn Road is widened at some future time, the entire parcel will be needed. Since the taking, County staff and the County Attorney's Office have been involved in protracted and complicated negotiations with the owner's attorney. The progression of this settlement was delayed by both the new project design, as well as delay by the property owner who has been involved in a separate lawsuit regarding this property for which the County is not involved. The owner initially valued the taking at $1,275,100, which includes the value of the parcel, improvements and severance damages to the remainder property. Major portions of the claim are costs and damages that stem from the loss of fencing, landscaping, yard storage facilities, reduced home rental income, and the relocation of a lift station and three trailer homes. In some areas, the take reduced the setback so that a number of homes and buildings were within 10 feet of the new right -of -way line. For your reference, a survey is attached depicting the new right -of -way line in proximity to the homes located on the property. In negotiating a settlement, the parties agreed to stipulate to the construction plans for LASIP rather than the road widening project, which drastically reduced the damages sought by the property owner and also negated the need for a noise wall. Even with the stipulation, however, the County is still impacting fencing, landscaping and the onsite rental storage facilities. The attached Mediated Settlement Agreement provides for a total payment of $684,815, being $434,815 for the parcel taken and $250,000 for the owner's attorney, appraisal and engineer fees. The agreement also provides, inter alia, for the following: If the County uses the parcel for construction of improvements beyond those presently under construction for LASIP, as stipulated, the owner will have the right to seek additional compensation for associated damages. The County will, at its cost, hire a consultant to develop a post take cure plan to address reduced setbacks between the new right -of -way line and the owner's maintenance facility and certain of the trailer homes, and to allow the owner to construct an eight foot high fence to match the fence being installed by the County as part of LASIP. If the post take cure plan is not approved, the owner will have the option of terminating the agreement. This provision eliminates the claim that three of the mobile homes and a maintenance facility on site will need to be relocated. The owner's 'lift station will be permitted to remain in the new right -of -way. (This permit has already been issued.) This provision eliminates a $300,000 claim for damages. Packet Page -2919- 6/23/2015 16.K.2. The firm of Hole Montes, Inc., has submitted the attached proposal, dated May 4, 2015, to seek approval for a post take cure plan under the terms of the agreement at a total cost of $11,700. The County will utilize fixed term contract number 13 -6164 with Hole Montes, Inc. for these engineering services. Pursuant to Section 73.092(1)(b), an attorney representing a property owner is entitled to fees based on non - monetary benefits where the attorney can prove that they were successful in negotiating cures and other remedies for their client which would have otherwise resulted in additional compensation. In this particular case, stipulating to the LASIP plans, negotiating the cure plan reducing the setback requirement and permitting the lift station within the right -of -way entitled opposing counsel to fees for non- monetary benefits which have been negotiated into the overall total of compensation. Staff recommends that the Board of County Commissioners (Board) approves the attached Mediated Settlement Agreement since it is not expected that the County would receive a better result at trial and in order to avoid the accumulation of additional attorney's fees and expert fees. FISCAL IMPACT: Funds in the amount of $403,515, being $391,815 pursuant to the agreement ($684,815 less $293,000 already deposited into the Court Registry) plus $11,700 for the application for a post take cure plan are available in the County Barn Road Transportation Capital Improvement Project No. 60101. The primary funding source for the acquisition of right -of -way is impact fees. Should impact fees not be sufficient within a particular project, the secondary funding source will be gas taxes. The county currently maintains County Barn Road, so incremental maintenance costs ultimately related to the improvements will be minimal compared to the overall benefits of the project. Additional right -of -way has been acquired, which will add acreage and increase the mowing and garbage removal maintenance expenses by approximately $500 per year. LEGAL CONSIDERATIONS• This item has been approved as to form and legality, and requires a majority vote for Board approval. - ERP GROWTH MANAGEMENT IMPACT: This recommendation is consistent with the Long Range Transportation Plan and the Collier County Growth Management Plan. RECOMMENDATION: That the Board of County Commissioners of Collier County: 1. Approves the attached Mediated Settlement Agreement; 2. Approves a Stipulated Final Judgment to be drafted with the same terms and conditions and to be presented to the Court for entry; 3. Approves the hiring of Hole Montes, Inc. to seek approval for a post take cure plan in accordance with the attached proposal, dated May 4, 2015; 4. Authorizes the payment of $403,515, as stated; and 5. Authorizes any and all budget amendments that may be required to carry out the collective will of the Board. Prepared By: Ernily Pepin, Assistant County Attorney Attachments: l) Mediated Settlement Agreement; 2) Location Map; 3) Hole Montes, Inc. Proposal; 4) ROW permit; and (5) ROW setback survey Packet Page -2920- 6/23/2015 16.K.2. COLLIER COUNTY Board of County Commissioners Item Number: 16.16.K.16.K.2. Item Summary: Recommendation to approve a Mediated Settlement Agreement and Stipulated Final Judgment to be drafted with the same terms and conditions, in the total amount of $684,815 for the acquisition of Parcel 101 in the lawsuit styled Collier County v. Naples Estates Limited Partnership, et al., Case No. 06 -CA -1213 and approve the hiring of Hole Montes, Inc. to seek approval of a post take cure plan. (County Barn Road Project No. 60101.) Estimated Fiscal Impact: $403,515. Meeting Date: 6/23/2015 Prepared By Name: CrotteauKathynell Title: Legal Secretary, CAO Office Administration 6/16/2015 11:17:32 AM Approved By Name: HendricksKevin Title: Manager - Right of Way, Growth Management Department Date: 6/16/2015 1:03:14 PM Name: TavlorLisa Title: Management/Budget Analyst, Growth Management Department Date: 6/16/2015 2:44:14 PM Name: KearnsAllison Title: Manager Financial & Operational Support, Growth Management Department Date: 6/16/2015 2:44:40 PM Name: ShueGene Title: Division Director - Operations Support, Growth Management Department Date: 6/16/2015 3:01:24 PM Name: AhmadJay Title: Division Director - Transportation Eng, Growth Management Department Date: 6/16/2015 3:25:32 PM Packet Page -2921- 6/23/2015 16.K.2. Name: CasalanguidaNick Title: Deputy County Manager, County Managers Office Date: 6/16/2015 3:50:16 PM Name: PepinEmily Title: Assistant County Attorney, CAO Litigation Date: 6/16/2015 3:58:17 PM Name: KlatzkowJeff Title: County Attorney, Date: 6/16/2015 10:04:55 PM Name: IsacksonMark Title: Division Director - Corp Fin & Mgmt Svc, Office of Management & Budget Date: 6/17/2015 8:31:19 AM Name: OchsLeo Title: County Manager, County Managers Office Date: 6/17/2015 9:14:34 AM Packet Page -2922- 6/23/2015 16.K.2. AERIAL ONE OF TWO Packet Page -2923- 6/23/2015 16.K.2. AERIAL TWO OF TWO Packet Page -2924- 6/23/2015 16.K.2. 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. 06-CA -1213 V. Parcel No: 101 NAPLES ESTATES LIMITED PARTNERSHIP, An Oregon Limited Partnership, et al., Respondents. MEDIATED SETTLEMENT AGREEMENT At a Mediation Conference held on Wednesday, January 14, 2015, the parties reached the following Settlement Agreement. 1. Petitioner, COLLIER COUNTY ( "Petitioner "), will pay to Respondent, NAPLES ESTATES LIMITED PARTNERSHIP, an Oregon Limited Partnership, ( "Respondent') the sum of 5434,815 in full settlement of all claims for compensation from Petitioner whatsoever (including electrical and plumbing work for relocating utilities), including statutory interest, but excluding attorney's and experts' fees and costs. Said sum will be subject to claims of apportionment, if any. 2. Petitioner is entitled to a credit in the amount of $293,000, which was previously deposited in the registry of the Court in this case by Petitioner. 3. Counsel for Petitioner and Respondent will jointly submit to the Court for signature a mutually approved Stipulated Final Judgment in this matter as soon as practical hereaRer. 4. Petitioner will pay Responden*s the balance due of 5141,815 within thirty (30) days of the actual date of receipt by Petitioner's counsel of a conformed copy of the aforesaid Stipulated Final Judgment from the Court. 5. Petitioner will pay the sum of S250,000 for the Owner's attorney's fees and experts' costs, and will pay said sum to the Trust Account of Thomas R. Bolf. Ka Packet Page -2925- 6/23/2015 16.K.2. 6. Settlement of this case is conditioned upon final approval by Collier County Board of County Commissioners. 7. Attached hereto is an addendum to this agreement: !XX_ Yes _ No. 8. This agreement dated May 24. 2015, and attached addendum, if any, contain(s) all of the agreements of the parties, Petitioner's client for Collier County Emily R. Pep Esqui Attorney for P 'tioner, Collier County NAPLES ESTATES LIMITED PARTNERSHIP, an Oregon LP Respondent t/xf( Thomas R. Bolf, Esquire Attorneys for above -named Respondent m% Packet Page -2926- 6/23/2015 16.K.2. Caller County v. Navies Fstates Limited Partnersh:n+ An i / Case No: 06-CA-1213 Addendum to Mediation held on Wednesday anuan 14 2015 1. Owner agrees and stipulates that County will construct the LAS1P project on the Put taken. Attached hereto are the plans for said project, consisting of the "LASIP — COUNTY BARN ROAD" project, being Collier County Project No. 51101, Final Plans for Construction, 10 -2 -14 Bid Addendum by Agnoli Barber & Brundage, consisting of sheets 1 -139, S-1 to S -6, T -1 to T -7, as supplemented by the landscaping plans for said project (collectively, the "Plans "). Collier County will construct an g' black vinyl coated fence as shown on the Plans, fence gates servicing the owner's two entrances along County Barn Road (at roughly stations 25 and 27), and will remove the existing fencing in the area where the County is installing the new fencing; however, and notwithstanding the Plans, the County is not obligated to install new fencing in the area from the southern point of Parcel 101, north to the lift station; however, if the County does install new fencing in the area from the southern point of Parcel 101, north to the lift station, said fencing shall be along the Owner's property line (as opposed to the east side of Parcel 101 taken by the County herein). The County further agrees to construct said project in accordance with the Plans, as modified herein. If the County does not construct the project in accordance with the Plans (as modified by this agreement), or later constructs other or additional improvements on Parcel 101, then the Owner shall have the right to re -open this case, and to seek compensation for all damages associated with any inconsistencies between the Plans, and the M Packet Page -2927- - - 6/23/2015 16.K.2. pwjW as constructed or the later additional improvements constructed. The parties specifically referem Wye River Farms. 2. County staff will recommend to County Commission (or such other appropriva County department) a variance for the homes and maintenance facility which are located along County .Barn Road, to grant a permanent variance running with the lend+ for a 7' setback from the new right -0f - -way line created by the taking of this Parcel 101, which will apply if existing structures are demolished, damaged, repaired, or removed and replaced. In addition, County staff will recommend to the County Commission (or such other appropriate County department) a variance to grant a permanent variance running with the land which will allow the Owner to install, at Owner's expense, an 8' black vinyl coated fence along its property line in the area between Rattlesnake Hammock Road and the start of the fence being constructed by the County hereunder (if a variance to allow said 8' fence is necessary). Alternatively, if the County and its consultant conclude that the relief specified above (8' black vinyl coated fence; the distance between the existing structures and the new right -of -way line will be adequate now and in the future for the existing structures or replacement structures to be located the same distance from the new right -of -way line), can be accomplished with equal efficacy by a Post Take Plan (per County Land Development Code Section 9.03.07D), then the County may process a Post Take Plan providing for the referenced relief, in lieu of variances. The County will hire the necessary personnel to process the variances and/or Post Take Plan, and the County will pay for said personnel and f _ Packet Page -2928- -- 6/23/2015 16.K.2. the expenses, cosh of public notices and mailings, application fees, etc. associated with the variance/Post Take Plan process. (The parties understand that if the site is redeveloped to a different use, then any approved variance or Post Take Plan will not be applicable for said new use.) If the variances are not granted, or the Post Take Plan not approved, then this Mediated Settlement Agreement may be terminated at the option of Owner. 3. The existing lift station shall be permitted to remain in place, permanently, and same shall be permitted to be repaired, maintained, and replaced consistent with codes, regulations, and rules in effect in the future; the stipulated final judgment terms will prevail over conflicting terms in the permit; County will pay all application fees, permitting fees, and all other fees and costs, including for professionals if necessary, associated with processing said permit. Paragraphs 11, 14, 15 and 16 of the Permit shall not apply to the lift station, and also Paragraph 12 of the Permit does not apply to the existing lift station, but will apply if the existing lift station is replaced with a new lift station. 4. The drainage on the south end of the property (between stations 11 to 28 +25) shall continue to be permitted to drain into the canal on the west border of the Owner's remaining property, including after the LASIP project is installed. 5. As part of the subject project, the County removed the Owner's existing sewer force main which connects the Owner's lift station to the County's sewer system, and the County constructed a new force main in its place. 'The Owner agrees that it disclaims any compensation relative to its force main which was removed, and U Packet Page -2929- 6/23/2015 16.K.2. also disclaims any imerest in the new force stain constructed by the County. The new force main is the property of the County, and the County will be responsible for maintaining sold horse main. 6. This agreement is subject to approval by the County Commission, and County staff will recommend approval to the County Commission. 7. it is mutually agreed that this Agreement may be signed and executed in Counterpart which, taken together, will constitute an original. 7 in nd ROW Acquisition Manager etitioner's client for Collier County mily R. P , Esgui Attorney for etitioner, Collier County NAPLES ESTATES LIMITED PARTNERSHIP, an Oregon LP Respondent Thomas R. Bolf, Esquire Attorneys for above -named Respondent W Packet Page -2930- 6/23/2015 16.K.2. RM HOLE FOONTEES ENGINEERS • PLANNERS • SURVEYORS 959 Enoore' day - PJaple5. Florida 3111'0 - Phone 239254,2030 -F ax -. 239.254.20199 May 4, 2015 Kevin E. Hendricks, Right -of -Way Manager Collier County Transportation Engineering Division 2885 South Horseshoe Drive Naples, Florida 34104 Re: Naples Estates (County Barn Road LASIP Project) Folio #: 00426920007 Post Take Cure Plan - Under Collier County Fixed Term Contract 13 -6164 HM File No.: 8200A Dear Mr. Hendricks: Pursuant to our previous discussions, this letter (along with the enclosed Professional Service Agreement (PSA), Scope of Services , and Fee Schedule) summarizes: (1) The County `s and the Land Owner's objectives relative to obtaining approval of a Post Take Cure to address the impacts of the take on the remainder parcel(s) and the owner's concerns; (2) the scope of professional planning and civil engineering services to be provided by Hole Montes; and (3) the estimated and /or fixed costs associated with those services. EXISTING CONDITIONS AND CONSIDERATIONS: The subject parcel is 73.62± acres in size. It is developed as a mobile home park. It is designated Urban and located within the Urban Residential Subdistrict as depicted on the County's Future Land Use Map (FLUM). The parcel is zoned MH - Mobile Home. Collier County, as part of the Lely Area Stormwater Improvement Project ( LASIP) is currently engaged in the installation of stormwater improvements along the project's frontage on County Barn Road. These improvements generally fall within the County Barn Road ROW and within an adjacent roadway (ROW), drainage easement (DE) and utility easement (UE) - Parcel 101 - whieh runs adjacent to County Barn (on the subject property). Parcel 101 varies in width but generally is about 17 feet wide and eventual tapers down moving towards the south. There is also a 10'wide temporary construction easement (TCE) running adjacent to Parcel 101. As part of the negotiations between the property owner and the County with respect to the impacts of the Take primarily related to Parcel 101, and the creation of several nonconforming setbacks for existing mobile homes and other structures. The landowner has expressed a desire for the County to provide a remedy that addresses these nonconformities. It should address the nonconformities as they exist today and also relative to replacement mobile homes or other improvements otherwise permissible by law in the future. After reviewing the County Land Development Code to determine what processes and procedures might allow for such a remedy, it is recommended that the most appropriate process to address the land owner's concerns is the Post Tale Cure Plan process. H:A820MA- MarketingA15 \RJM \Naples Estates Post TakeACover letter May 4, 2015.doca Packet Page -2931 - Kevin E. Hendricks, Right -of -Way Manager Naples Estates Post Take Cure Plan May 4, 2015 Page 2 of 6 J.11 I# AM 3I6 " A1� Jae L 4i+ { {G V1 ;41 JJ7 0 t} J {3 X444 j Jdx 47i 4.r" " *1 �y+f —AiS "` •-.• 910 • JA1 fp -..• ? J�* aJv 7] 1y"r f 17E r to}ua i" 01 TK J Cj mrcro 7 fe -� r 177. _ 33 I J r 3 ry; } I n l 3; r sr n i G R K U r w NEMI nIMU Lv E. �WA tEWCCD -L-N-. E 7 W LFURELwD2R L'i W. kte)TW:)ns) Lt J I E W)TWO011 Lv _. E. XWELYIOCO L11. w...E LwooO " IYiI 1 ' IVYAr1CC LN_._ E 1VYWOC?,L7i;_.... $ W E. HVILYWDOD Ln W. CLEVWUUU LN. �v E. GLENWOOD LV. 1 W. FQxWUCC Lv J E Fr�x'AUCU tl�� N'. ELV'AOG'C LtI. LE ELV'ACC Ul. � s. �a=rAOO4) w_; E. D?Fr, :rte ^il Yi C,,TrC%N AV*. J U�ry G , - E -� W R!,Tfra�q't:•)' UI E 6c.TTChAUC,, U1 Lrir�r' � s 1 TMa.T n "'� 1Y 4-- LETNEE LV 1�I E ,,, r'LEThEE Lv. 1 Li 711 1 1 , I I J% r -VJ - i i OF, 29N Section 9.03.07 of the LDC reads as follows (with pertinent language highlighted): 9.03.07 Nonconformities Created or Increased by Public Acquisition ,ls it 6/23/2015 16.K.2. A. Applicability. 1. For purposes of this section, "acquisition" means any method of acquiring private property for public use, including dedication, condemnation, or purchase. 2. This section applies to the acquisition for present or planned public use by the following party or parties: (i) Collier County; (ii) another governmental entity,' (iii) public or private utility Packet Page -2932- 6/23/2015 16.K.2. Kevin E. Hendricks, Right -of -Way Manager Naples Estates Post Take Cure Plan May 4, 2015 Page 3 of 6 companies providing public service; and /or (iv) a private party or parties under agreement with Collier County or other government entity. B. Lot Area 1. Unimproved Lots: If an unimproved lot has sufficient area for the subdivision of three (3) or fewer conforming lots, and part of the lot is acquired for public purpose, then it may be subdivided after the acquisition to the same number of lots that could have been achieved prior to the acquisition. Each newly created lot must contain at least eighty (80) percent of the required minimum lot area. 2. improved or Unimproved Lots. No conforming lot otherwise qualifying for a lot split or lot line adjustment pursuant to the provisions of this Code may be denied approval solely on the grounds that the resulting lot or lots would be less than the required minimum area for such lot(s) in the applicable zoning district as a result of acquisition, from Feb. 14, 2006, if the newly created lots contain at least eighty (80) percent of the required minimum lot area. C. Other Nonconformities: 1. Required yards on improved lots, lot coverage on improved lots, and lot dimensions rendered nonconforming or more legally nonconforming as a result of a portion being acquired for public use, may be reduced by the same dimension, area, or amount involved in the dedication, condemnation, purchase, or similar method of acquisition; and 2. Any structure that is not located within the acquisition area, but is made nonconforming in terms of a required yard or setback as a result of the acquisition, need not be relocated, except as follows: a. The County Manager or designee determines that leaving the structure or a site related condition in its pre - acquisition location may create an unsafe condition, in which case the structure shall be relocated the minimum distance necessary to address the public safety concern or the site related condition shall be modified to a safe condition; and b. A front yard of at least ten (10) feet in depth shall be maintained for all building structures. C. The resulting degree of nonconformity of the area and dimensions of a lot and the required yards with this Code's then current requirements are considered lawful unless or until the remaining lot or lots in combination are: (i) recreated or repiatted, combining the subject lot or lots with an adjacent lot or lots resulting in a unified plan of development; or (ii) improved such that the value of the proposed improvements are equal to or greater than 50 percent of the total replacement value of the structures and site improvements on the lots or lot combinations existing at the time of improvement. The replacement value shall be calculated by a Florida licensed property appraiser. in the occurrence of either condition (i) or (ii) above, the lot or lots must comply with the requirements then established by this Code or as may be set forth within a PUD if applicable. Otherwise, any legal and conforming site modification or change of use shall not trigger a requirement to bring the nonconformity created by the acquisition into conformance with the then required provisions. 3. Any other site related nonconformity or site related condition resulting from the acquisition, including those rendered more nonconforming, shall be considered legally nonconforming, including stormwater management facilities, landscaping, open space, native vegetation, Packet Page -2933- 6/23/2015 16.K.2. Kevin E. Hendricks, Right -of -Way Manager Naples Estates Post Take Cure Plan May 4, 2015 Page 4 of 5 conservation areas, buffers and preserves, on- or off -site parking, vehicle stacking, throat lengths, or non- structural architectural design standards. All such nonconformities are allowed to remain legally nonconforming and in their existing location(s) and /or configuration(s), provided they continue to function adequately to meet their intended purpose, except where it is determined by the County Manager or designee that such newly created or increased nonconformity or site related condition constitutes an unsafe condition. in those cases where it is determined that the newly created or increased nonconformity or related condition constitutes an unsafe condition, the nonconformity or site related condition shall be relocated or modified in accordance with paragraph 2.a. above, as applicable. In any case, such nonconformities are subject to the limitations set forth in paragraph 2.c., above. D. Post Take Plan. This section addresses the development, review and approval of post -take cure plans for remainder properties to mitigate and /or eliminate the negative and potentially costly impacts resulting from the taking of a property for public purposes. In such cases, it may be determined to be in the public interest to allow some deviations from applicable LDC or PUD provisions, or Conditional Use requirements, in order to accommodate site modifications and /or enhancements, designed to cure, remedy, mitigate, minimize or resolve otherwise negative site impacts resultant from public acquisition. 1. The Administrative Code shall establish the submittal requirements for a Post Take Plan and the applicant shall provide the following: a. The boundary or special purpose survey shall be signed and sealed by a professional surveyor and mapper licensed to practice in the State of Florida. b. The appropriate fee as established by the Board of County Commissioners. 2. The property owner or the County may request the following deviations from the LDC, PUD or Conditional Use requirements, as may be applicable: a. Landscape Buffers may be reduced from the required width or depth; but shall not result in a buffer of less than 5 feet in width or depth.Landscape buffers which have been completely eliminated by the acquisition may be replaced beyond the acquisition area; but shall not result in a buffer of less than 5 feet in width or depth. All required plant materials and irrigation requirements shall remain within the reduced buffer area or shall be relocated or installed as a condition of the Post Take Plan approval. b. Water management facilities, including retention, detention and conveyance may occupy up to 75 percent of a landscape buffer width, if there is a minimum remaining planting area of at least 5 feet. C. Required native vegetation, preserve, or open space requirements may be reduced by an amount not to exceed 10 percent. 3. Deviations other than those set forth in paragraphs D.2.a. through D.2.c. above, or exceeding the minimums or maximums established therein, may also be approved, subject to the following procedures: a. In addition to the requirements for submittal of a Post Take Plan established in the Administrative Code within 60 days of the date of submittal of the Post Take Plan to Collier County the applicant shall also notify property owners in accordance with notice procedures established in LDC section 10. 03.06 S, as may be applicable. Packet Page -2934- 6/23/2015 16.K.2. Kevin E. Hendricks, Right -of -Way Manager Naples Estates Post Take Cure Plan May 4, 2015 Page 5 of F b. The notice shall., (1) list the requested deviations other than those set forth in paragraph 2, above, or exceeding the minimums and maximums established in that subsection; (2) provide a brief narrative justification for such deviation(s); and (3) provide a copy of the Post Take Plan (in 11 by 17 inch or 8.5 by 11 inch format). 4. Approval Criteria and Process. a. If no written objection is received within 30 days of the date of mailing of the notice, the Post Take Plan is deemed approved. b. if an abutting property owner who receives a notice submits a written objection to Collier County within 30 days of the date of mailing of notice, the matter shall be scheduled for public hearing before the Collier County Planning Commission (CCPC). In such cases, the Board of County Commissioners delegates the authority to review the Post Take Plan to the CCPC and includes this review as part of the CCPC powers and duties under the Collier County Code of Laws and Ordinances section 2 -1156 - 2- 1164. Public notice for the hearing shall comply with LDC section 10. 03.05 C, as may be applicable, and shall specifically note the location of the property and the requested deviations. The CCPC, in considering whether to approve, approve with conditions, or deny the proposed Post Take Plan, shall consider the following: i. Whether the deviation is the minimum amount necessary to mitigate for the impacts of the acquisition, while still protecting the public health, safety, and welfare; and ii. Whether the County or property owner has or will mitigate for impacts from the requested deviation(s) on neighboring properties by maintaining or enhancing compatibility through various measures, including but not limited to the installation of additional landscape plantings or the installation of fences or walls; and iii. Whether the requested deviations are consistent with and further applicable policies of the GMP and the requirements of the LDC, PUD, or Conditional Use, as may be applicable. 5. Within 30 days of approval, approval with conditions, or denial of a Post Take Plan by the CCPC, the applicant, affected property owner, or abutting property owner may appeal the decision to the Board of Zoning Appeals. For the purposes of this section, an aggrieved or adversely affected party is defined as any person or group of persons which will suffer an adverse effect to any interest protected or furthered by the Collier County Growth Management Plan, Land Development Code, or building code(s). if an appeal is filed by an abutting property owner, and said appeal is successful, Collier County shall reimburse said appellant for the appeal application fee and any associated advertising costs. In consideration of the above provisions, A Post Take Cure Plan may be used to provide relief from setback for existing or replacement structures that are not at least 10 feet from the inside edge of the Parcel 101, the ROW, Drainage, and Utility Easement, and may also be utilized to provide relief from landscape buffer requirement. Packet Page -2935- 6/23/2015 16.K.2. Kevin E. Hendricks, Right -of -Way Manager Naples Estates Post Take Cure Plan May 4, 2015 Page 6 of 6 We are grateful for the opportunity to provide you with this PSA and we hope to have the opportunity to work with you on this project. If this proposal meets with your approval, please provide authorization indicated, and return it to my attention. If you have any questions, please don't hesitate to call me. Very truly yours, HOLE MONTES, INC. Robert J. Mulhere, FAICP Director of Planning RJM/sek Enclosures as noted. cc: Robert M Bosch, Assistant Right -of -Way Manager Harry Henderson, Sr. Property Acquisition Specialist Packet Page -2936- 6/23/2015 16.K.2. NAPLES ESTATES POST TAKE CURE PLAN SCOPE OF SERVICES 1. General Consultation and Coordination A. Consult with County staff to clarify and define requirements for the Project and review available Project information. B. Review information provided by the County and /or collect available information from public records about the existing property, surrounding area, and adjacent parcels as applicable to the proposed Project. C. Attend meetings as requested with the County, project team, for coordination of various issues as they arise in the process. 2. Post Take Cure Plan A. Prepare the Post Take Cure Plan Application, Narrative and Justification, and Graphic exhibits as may be required or desired. 3. Respond to Requests for Additional Information (RAIs) (Responses to County sufficiency comments /request for additional information) A. Prepare, manage and coordinate sufficiency responses that may be required by Collier County. B. Attend meetings and follow -up with reviewing staff, regarding re- submittal adjustments as requested by County or other reviewing agencies. 4. Notification to Property Owners as required by the LDC 5. Hearing Examiner Hearing (if required). A. Prepare or coordinate the preparation of all hearing related final documents and exhibits. C. Preparation for and provide expert testimony at Hearing Examiner hearing 6. Reimbursables As provided for in Fixed Term Contract 13 -6164 H: \8200\A- Marketing \15\RJM\Naples Estates Post Take' "IA °° '" CO " °'' ° "" --A Schedule of Fecs 05- 04- 15.docx Packet Page -2937- 6/23/2015 16.K.2. NAPLES ESTATES POST TAKE CURE PLAN SCHEDULE OF FEES 1. General Consultation and Coordination $1,500 Estimate 2. Post Take Cure Plan $ 3,500 Fixed Fee 3. RAIs $ 2,500 Estimate 4. Property Owner Notification $ 1,200 Fixed Fee Subtotal $8,700 5. Hearing Examiner Hearing (if required) $ 2,000 Fixed Fee 6. Reimbursables $ 1,000 Estimate H: \8200\A- Marketing \15\R.TM\Naples Estates Post Take'"' " °° —° ° ° °° ­4 0chedule of Fees 05- 04- 15.docx Packet Page -2938- 6/23/2015 16.K.2. NAPLES ESTATES POST TAKE CURE PLAN FEE SCHEDULE PER CONTRACT 13-6164 SCHEDULE B: RATE SCHEDULE H: \8200\A- Marketing \15\RJM\Naples Estates Post Takol "V A V---- -Q—;— ­4 Schedule of Fees 05-04-15.doex Packet Page -2939- Standard Hourly Title Rate — - Principal 206.00 Senior Project Manager 172.00 Project Manager 157.00 Senior Engineer 123.00 Engineer 96.00 Senior Inspector 76.00 Inspector Senior Planner 139,00 Planner 110.00 114.00 Senior Designer 94.00 Designer Environmental Specialist .00 109— --- Senior Environmental Specialist 134.00 Sdentlst/Geoiogist 93.00 Seniol, scientist/Geologist 118.00 $ 110.00 Marine . - - - Bi - ologist/1-ly - drogeologist Senior Marine Biologist/ilydrogeologist 139.00 GIS Specialist $ 139.00 _Senior $ 102.00 GIS, Specialist Clerical/Administrative $ —G2,00-1 Senior Technician $ 0 Technician 72.0 Surveyor and Mapper $ 120.00 j CADD Technician 91.00 — Survey Crew - 2 man 130.00 Survey Crew - 3 man 161.00 Survey Crew - 4 man 189.00 Senior Architect 154.00 121.00 Architect H: \8200\A- Marketing \15\RJM\Naples Estates Post Takol "V A V---- -Q—;— ­4 Schedule of Fees 05-04-15.doex Packet Page -2939- 6/23/2015 16.K.2. IN PUBLIC RIGHT - ®F -WAY GROWTH MANAGEMENT DIVISION /ROW PERMITTING & INSPECTION 2800 NORTH HORSESHOE DRIVE, NAPLES, FLORIDA 34104 COPY OF THIS PERMIT MUST BE ON THE JOBSITE AT ALL TIMES - FAILURE TO COMPLY MAY CAUSE JOB TO BE SHUT DOWN R.O.W. Section Phone # 239 - 252 -5767 Date Issued: April 22, 2015 SDP /AR /PSP Number: Right -of -Way Permit Number: PRROW2015020483201 Building Permit Number: Project Name: NAPLES ESTATES MANUFACTURED HOUSING COMMUNITY Project Address: IN FRONT OF PARCEL 4269200007, PREVIOUS ADDRESS WAS 5720 RATTLESNAKE HAMMOCK RD Subdivision: Folio No: 426920007 Lot: Block: Unit: Tract: Section: 17 Township: 50 Range:26 ..................».....».........._,....._..+........... .......... .............. .................... ... ........ ... ............ ......,..,......... .,....,........................ Type of Construction: ROW Commercial Detail: ALLOWING LIFT STATION IN EASEMENT AREA CONDEMNED BY COLLIER COUNTY 5720 RATTLESNAKE HAMMOCK RD (IN FRONT OF PARCEL 4269200007) I The work herein described and permitted is to be commenced on or about 4r ,. € And completed no later than i CiiV l r Expiration date for work described: 1012112015 1 wwwwwwwww, rw*, rw, rtwwww* wwwwwwwww*; twwww* www* w* wwww*, rwwwwwwwwwwww* rr* wwwwwww*+ w* ww+* wxwwz, rw* wwww* w* w* w* wwx * *wwwwwwww *wwwww *.w,twww *www,rw Property Owner /Applicant: Naples Estates Ltd. Contact: Thomas Bolf PO Box 15764 Plantation FL 33318 Telephone Number: 954- 368 -6590 Email: tbolf@bolflaw.com 1. Work shall be performed in accordance with approved plan, Conditions of Permit appearing on reverse side, stipulations specified as part of this permit and in accordance with Collier County Ordinance # 09 -19 and the "Public Right -of -Way Construction Standards Handbook," latest edition. Applicant declares that prior to filing this application ne has ascertained the ration of all existing utilities, both aerial and underground. Any changes to any lity shall be the responsibility of the Permittee for all cost. If right -of -way permit is issued in conjunction with a building permit, the ht -of -way permit expires upon completion of the buildinq. M Contractor: N/A Telephone Number: If the application is made by any person or firm other than the owner of property involved, a written consent from the property owner shall be auired prior to processing of the application. Transportation Services Division approval does not exempt the perml, m gaining approval from any State, Federal or Local Agencies having isdiction over the proposed work. This permit is contingent upon Permittee obtaining necessary rights of try for construction and maintenance where required right -of -way for blic use has not been dedicated and.accepted by Collier County. i DATE: Ar)ril 22, 2015 Issuance of a development permit by a county does not in any way create any rights on the part of the applicant to obtain a permit from a state or federal agency and does not create any liability on the part of the county for issuance of the permit if the applicant fails to obtain requisite approvals or fulfill the obligations imposed by a state or federal agency or undertakes actions that result in a violation of state or federal lave =. This permit is conditioned on all other applicable state or federal permits being obtained before commencement of the development. Packet Page -2940- 6/23/2015 16.K.2. CONDITIONS OF PERMIT 1. This prat trait nnus btu kept ar ha taxi sda and be aysilabia upon rw4uest or vcmim -by &949yei 2. Pezmitw are required for al work performed in arty rt`i, hts-d �y or easements provided for pubrx w^e in the unincUPorater't rise rrf Cdrsar Ccur tY and pubec right^, -af -`+ray or easaat xint which are mairttairod by Collier ,ourttg, btrt fns wNf-.in municipal bcxrndaii- 3. Vd xtn pecrritted fctt:We-q am placed within a WWc right- of-YiW or easmont, the irstatiation Ls for pemrissiva usa onty Fwd OacaV of bd ties shag not opritatE to create or vast any proyr5rty ngt3 et the associated right cnf nosy of Wee nwnt to the porrrtt7ae Furlhcmrma, the paumittes small be rc33;pcy die for r akTtrxaar4* Of sxj" fp T ties ut ti; they are rrxnovsd, unless wise spedfied. 4. All materirrler and equ prnerri, ¢tatx9tf g MairE tftjama el Tnaic (MoYJ srrd v4U.ornant r,kxxmet•t, "t be orb }set to impec8cm by tire+ Growth Ma'IIII [iF.mvon 5. Re gtrv55 fcx p a !r_�G Fans shwa be made 722 ho= price to rxrt'r mOlcing woh repur4 r9 nspK on. 6. too ;a a dcsumz yAU to pmrY%1 !Yd between the hmra Ot y:0D — a :00 A+ PA. snd :3D — &30 RNIL 7, Prier to o rsbuaton, fhe CantrardortPerrriltters Shat( subrrvt a h1airti mme of TmfhO PWn (R+Un tier any mstu:son ploIw—, irwotvtng =k or =MtY that ^aY affect imft on any Cacedy street, n adIIII Y or tAk4At-U1 w W1:- The MOT must be srgrneci by either a profeasionat Etrgtrreer or pemon cerltfed by intMjSZ W MLAdpat 5igrkt t .cn (SMSAj If affac tt3 A,% I, or CoVi,ctor Ro dways, w-,6w wrarvad by the Growth Marivernt-f UNWOn, RDad r sniensrx�e Csepartntnmt The drivrr++ay i(Il and ettivawaY convert tnyiu 5n9 t erosic rr gion m-* d mcsnr zvs must be installed pr':cu to tha start of any :,-a h ryKmV corGno ion ac" vAth drat -Oga plants, cdvr�tt sin), A aros'o Vwdlmatt0on �, �veliryn off' and d bh slope des prrind said O�!iriOd kry a !im-mm 3d Wrgir'nW for SH uxn—riaf R-0j rt& g. During rortn+Otirxr d-a CrxrtrtarknrlFarttdti3a strait --* -th the 'State of Fiorida Viamal of Traffic Csnnt%4 and S2% Practicae far Stye and i ons,Yrtx. *m ktakrter� WW Lft ttY Opersticre "tvlih the *Ninon On Untfon-rt Trmfc C alboi Devcros' arxd with a9 c4mr 90yu ' lr'4 sr�toti ro9u sinali rmkkain to approved Sft &ab -oga pliml and sea eroak saIn control plan. Pensrrt't" step `,Old itna Cma-4y ha m!� and stns County " be r al eved of aii res;'x c s. MAY fix any damage or liabpty f a^y n O ai;;r f tx'n ' aut,,ncx tmd and Ped0n%115d Lrt this pP.rmit 16. m c2rssbvs of 1- 'acrarltsta]l b ,ass try 1 and bore -Q et a rnsimian deoth of *Jrh1Y tno> (3T), unleas Otherwise avhOlrtzad t f h L >r win to ulner am 13hfstan tar 4--d t�rs,a atnovz . 11. Stn ver"w..�1Y and taartrot�tiY) and mEt�munn ton sepat'a�a'r tta r"a o,,ca�- �*Y.�_ � :�, 'trx'��,�f�it)•), and me>+� ?tt;�:'S'S. �5 .�• .. dub" -� (�' r�r.. �y��"�.%n,nr i:srru!�z., raP�isrf to ovasixaad 6r>es cleanar*a�s etrd�r sr'sd.'*'te ra�.rirsm�s tom, r d rett7t:"tredxxsrst� � rsL?l t'tc� detasanrtr-ted trt CiS1�91�, cl+°'- '�r � y erx ax~fxs t>rAuw itxe pe�nx�rt sttdtor a 'T`F�i (tra9r vtxtiva�Y turd 1sLw`= i.�a"ar•'crr*o cresslrr� shah tre p:.acmd of a ntinitncrn d•�sth cf ti'dtty- minSrrnma d�€s ter. Fae� cz�hie� {wslta�,�s l�s trran �:3arv}dl! r,�� �rrtir'ttrt-tylre#t t'�'J`} , � �[� rns by' au#xirriymu aa„rsc«,a: w,ca tr,;�:ti�.�c;n rr�l hk3 ntarse a Part Oi ttn� Ft- a:. plea: are srsgs �.., thSr .., 13- Fokwing mmpl Son of A prxrrr8i4d %III 9=sIrV sr•,dlo; s5eI .shoal be reyu rrxi for e ry di x.z int�i rim �- u9-asss}. `'f T3 :.. ter: }:ll.zor, md to ry 14. . e"-77 FEE,: � > i� m vw a 1b. ,:, ,y F 3�r«�lxs arrd V&R;.n so nmtfmid by ttMl "COEQ'!ty, 1m)' QY .FAQ .nl ?. •,,. u». "(krK„t, j • - 'J t tI RF f => n= 'o D. hts4 fyy Pcrn1L the .,..r N.t a sec t, rx rest ar r tfner t os rtrca 4 is. iT i9 Pwmr� sinait 4 Y be in m hvrm ep;�aex by the Board of Cow} Ce nrl ia. +s a t3l irk xte the true of crmzrn nom.,nerL t senrr '— O; tap ne to } etc ed W take, rend lire RPl i+nnsto d of cxvnplabim The pamd v 33 Wim rkety (W? dWys ti,,-, k�ignaied v�nPIIW 'r rte, slam 9',fJ- 0VJ in tf*r9 sari tnstarnco fcv n Ecxn, en or st o i - the work has nct be W corr{>ialc�i by ;tom ova, there r�ili doe s remawal -hc e, s� by Rec, iA 2an, payaUe upon )dtt the 'ira50n data br 91 rddtirxnat ninety t8D} dag'e. u uAH to -,,Yv g n *.hs pemni t �, or h s^ Ws ear ar ;t of z u tsr:t s ,d feat thr,x��h WY ==a" ;' o AIt r�,-:r�s°r.�� �� �.csh f>rocxtd` ? fiWrx r� any iw-te wicor«ues rte a�.xte that wir'1 }rni imxrnw tmflj:. ftawv Tno permit t'rotden � 0[;41,4-- d io L:fart'rs t rt3 reed a t ectic ni rmh r 23 ^ 7 ii1 S ^• and �e e R<31V !xes in 3r a% 7 ' °�7�rt ti wvx tirrr dsy� b oonn�nr3icx S-Et r Kapp Y Tr Z4 Drxea6or€a I xy JtY 5t She be nottn.rtl in arttinp via icnn lob jT� crT t Caur ty Trarrc C3yxsrat# xas 23x1 t{sxse:lr On a Souti'r, � F? d41U47 or rag RCZ;ffit:Q,- eAtxnifiaeaa+' n s Mir nu:asrt of 72 ftcurs Prior to ft tcrtmarne:•st of,)Dbs tmt im€a»o arertea: or unc4e--9= . ,A.xk brat VN be c-nduc a-- Fart eat ttztstna on or rrsafr eansas>r P-4 w4thn ,jr v Colon,!' or ftbiy Rood hoots- of-ra'aY taftIn CORar q0 —ti anj 12 hou-S Pitor b any and aif daW w:,eK to be pmiormed a=01014 t-e %ttim kvtn e•J, ce tu.nw i of MaI pCOjxss. Any mmh6djfhg of shed be txcv ;n x, t xy. Jvi un�rc fa it s r n eat ire !ca ate[ pc€x to Guns n K%0rL nmor to by bw Caves` Cmidtrd"ing ism ararres of C,%t?f, of 0=pamy), the Rea( pm-mding S&t t:ce shaft bea rtci#1ed by rnair,ng or dativmt -g a rcgtugst for a nmal t!aysc5on to tV ROW Penktav secion, 2130-5 smrfn Ekxcsmsf v sirva, fadlm FL 34104, or by pie, 239-Z52-5757, 1 porn =rplDbm Ota:nhor:z- v roc Alt as bWft sx%ya y r=;nat1 bg sulxritded fn C(S frArnfEt foBavmg Coffer ccurrty G-mih FAar t'renf Diywo n amdard for n arx9 fks-SLi-lt D5!: or7}c Draxirtps (APPENDIX). 9) in aCr;lition to 1007ned and !Mlad copies of th© as•bu tt sarvo-y. _ i ` t e S- tit t2{ i �'r�� --k. A�b K?A"'E�S 'Packet Page -2941- 6/23/2015 16.K.2. _. i 9133N HD = VW — — — Y 1 I ? d 4 m n i W2WN1 I�Q r jig II x _ 0 E 2, E I ¢ zoo �;oyul 7 I Ik V 14' Packet Page -2942- N